Dock to Dock: Are these temperature readings normal?

The Problem

Strawberries arrived in poor condition.

The Key Point

Air temperatures in a 53-foot reefer trailer will vary somewhat.

The Solution  

Shippers should expect normal temperature control in transit—not perfection.

Q. We are a freight broker. We were hired by a shipper to arrange for a shipment of strawberries to be picked up in California and delivered to a retailer’s facility on the East Coast. The load was picked up and delivered on time. Upon arrival, however, receiving personnel complained about the condition of the berries (not the temperature) and rejected the shipment. 

We were then instructed to take the load to an area wholesaler where it was USDA inspected the next day.  The USDA inspection showed very high levels of overripe, bruising, and decay, with a checksum of 22 percent, including 13 percent serious defects. 

We considered this a “quality issue” and did not expect a claim. But the shipper is now coming after us saying the carrier failed to maintain proper temperature control in transit. Does Blue Book agree?

A. In reviewing the documentation submitted, we note first that the readings from the portable recorder are warmer than instructed. The bill of lading instructs the carrier to maintain temperature control between 33-34°F, and yet the readings from the portable recorder indicate air temperatures between 35-38°F throughout the trip.  

While these readings suggest temperatures were warmer than the instructed temperature control, some temperature variation in a 53-foot trailer is expected. 

Our Transportation Guidelines provide the following rule of thumb for assessing temperature variances reported by portable reporting devices—

(6.2) Normal Transit Temperatures. Slight deviations in transit temperature based on, among other things, the location and accuracy of the temperature recorder, are inevitable and permissible. What constitutes a “slight deviation” will vary, but when assessing readings from a portable recorder, asa rule of thumb, air temperatures within the trailer should not deviate more than four (4) or five (5) degrees Fahrenheit from the instructed temperature. If a temperature range is specified, any deviation will be assessed from the midpoint of the specified range. A temperature variance lasting less than twelve (12) hours may also be categorized as a slight deviation, depending on the extent of the variance, the relative perishability of the commodity, and other circumstances. For example, a shipment involving multiple pickups or drops may be expected to experience temperature variance during loading and unloading. Nothing in this section should be interpreted to suggest a temperature deviation was slight, and therefore permissible or excused, when product has been frozen in transit.

Consequently, in our view, the temperature readings provided here are not indicative of a temperature control problem during this trip. Shippers are expected to provide product that will hold up en route to destination under normal transportation conditions. 

It does not appear the shipper met this expectation in this instance.