Skip to content

Time as a Public Health Control: The 4-Hour and 6-Hour Rules

Time as a public health control under the FDA Food Code: the 4-hour rule, the 6-hour rule for cold food, written procedures, marking the time, a log.

By Koa Sterling. Product specialist at TaroStack and small business owner. Yes, I am a real human, and I actually sit in front of a computer and write these articles. Reviewed October 19, 2026 · 5 min read

Food that needs temperature control, sliced tomatoes, deli meats, cooked rice, is supposed to stay at 41°F or below or 135°F or above. The FDA Food Code lets a kitchen use time instead, for a working supply or for food on display, under a written plan. The common version is the 4-hour rule: the food starts at 41°F or below, or 135°F or above, it's marked with the time four hours later, and it's used or thrown out by then. A 6-hour version works for cold food that starts at 41°F or below and never goes above 70°F, checked, with both times marked. Food without a time mark, or past it, is discarded. The kitchen keeps written procedures for the inspector. In the example below, a Montana sandwich shop sets up its make line.

The short version

  • Time instead of temperature, under written procedures.
  • 4 hours: start at 41°F or below, or 135°F or above.
  • Mark the time four hours out; use or discard by then.
  • 6 hours: start at 41°F or below and never go above 70°F, checked and marked.
  • Unmarked or overdue food is discarded.
  • Your state's version of the Food Code decides whether and how you can use it.
  • TaroStack keeps each batch with its lot and dates, and what was thrown out. More below.

The two rules

4 hours 6 hours
Starting temperature 41°F or below, or 135°F or above 41°F or below
While out No temperature limit Never above 70°F, monitored
Marking The time four hours out The time out of the cooler and the time six hours out
At the end Cooked, served or discarded Cooked, served or discarded; discarded at once if above 70°F
Written procedures Yes Yes

Holding temperatures themselves are in hot and cold holding temperatures, and cooling in cooling log template.

The rules

Rule Where
Written procedures Prepared in advance, kept on site and available to the inspector (Food Code 2026, 3-501.19(A))
Four hours Starts at 41°F or less, or 135°F or more; marked four hours out; cooked and served, served, or discarded within four hours (3-501.19(B))
Six hours Starts at 41°F or less, stays at or below 70°F, monitored; marked with both times; discarded if above 70°F (3-501.19(C))
Discard Unmarked food, or food past its time, is discarded (3-501.19(B)(5), (C)(5))
Adoption Applies as your state or locality has adopted it (FDA, Food Code adoption)

This is general information, not legal advice.

An example: a make line

Lunch Counter on Main, the made-up sandwich shop in Bozeman, Montana, I use in these examples, keeps its make line on the 4-hour rule over lunch instead of a cold rail:

Item Out of the cooler Marked At the end
Sliced tomatoes, from 38°F 10:30 Discard at 2:30 1 pan used, half a pan discarded at 2:30
Turkey, sliced, from 37°F 10:30 Discard at 2:30 Used by 1:45
Cooked rice for bowls, from 140°F 11:00 Discard at 3:00 Discarded at 3:00
Coleslaw, unmarked ? None Discarded on sight

The coleslaw pan had no time on it, so it went out, as the rule requires; the procedure now says every pan gets a label before it leaves the cooler. The written procedure sits in a binder by the line for the inspector. What a sandwich earns is in how to price sandwiches.

Get the checker

Download the time control log. One sheet: each item, when it left temperature control, its starting temperature and which rule it's on; the time it has to be used or discarded by fills in. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.

Where this stops working

The log keeps the line honest. What was made in the morning, what went into which pan, and how much was thrown out each day is what tells you whether the prep amounts are right.

How TaroStack does it

TaroStack keeps each prep batch with its lot and dates, so what was made when, and what was thrown out, is on record.

Batches with dates. Each batch of prep is a lot with its production date and its use-by date.

An alert before a date. An alert comes before a lot's date runs out, so it's used or marked down instead of found too late.

Waste with a reason. What's thrown out is recorded with its reason, expired or spoiled, by item, so the item that keeps going to waste shows up.

The job Notebook In TaroStack
What was made when Tape on the container Lots with dates
Food nearing its date Found on the shelf An alert before the date
What went to waste Not counted Waste by reason

Lots, dates, alerts and waste by reason are on every plan, from $49 a month. The first 30 days are free, with no credit card. If you'd like a hand setting up, ask, and we'll do it with you.

Questions people also ask

What is time as a public health control?

Using time instead of temperature for food that needs temperature control, under written procedures: four hours in general, or six for cold food kept at or below 70°F.

What is the 4-hour rule in food safety?

Food starting at 41°F or below, or 135°F or above, can be held without temperature control for up to four hours, marked, then used or discarded.

Do I need written procedures for time as a public health control?

Yes: prepared in advance, kept on site and shown to the inspector on request.

What happens to food that isn't marked?

It's discarded.

Sources

  1. FDA Food Code 2026, 3-501.19: time without temperature control for TCS food requires written procedures; up to four hours if it starts at 41°F or below or 135°F or above, marked with the four-hour time and cooked, served or discarded by then; up to six hours for food starting at 41°F or below that stays at or below 70°F, monitored and marked; unmarked or overdue food discarded; not for raw eggs where highly susceptible people are served · read October 19, 2026
  2. FDA, Adoption of the FDA Food Code: restaurant and retail oversight is handled by states and localities, which adopt the Food Code in their own versions; as of 2024, 46 state agencies in 36 states had adopted one of the three most recent editions · read October 19, 2026

We use AI to help with the research for these articles. Every one is read, checked against its sources and edited by Koa before it's published. Spot a mistake? Tell us and we'll fix it and say so. How we write these.

Let’s get your stack in order.

Get TaroStack

Sign up now for your free 30 day trial. No credit card required.