Perishable Cargo Claims Quiz: Assessing transit temperatures

Are you aligned with Blue Book’s claims team when it comes to temperature claims? Claims involving perishable cargo can get complicated and emotionally charged in a hurry.

Mishandling claims can set you back with valuable customers, suppliers, and transportation providers. On the other hand, working through claims in a professional manner can go a long way toward establishing trust and cementing long-term relationships.

Leaning on Blue Book as an industry-neutral third party can help navigate claims in a way that reflects well on you and your company. If you’re up for a challenge, review our answers to the following FAQs and choose whether you believe the answer is true or false.

FAQ #1 – What’s more important: the temperature readings from a reefer unit or a portable temperature recorder? 

Answer: True or false? All available temperature information should be considered when assessing claims. It must be remembered that carriers are expected to protect their cargo throughout a 53’ trailer. And because readings from reefer units and portable recorders are taken from different locations, air temperature readings from a single location may make it difficult or impossible for a carrier to establish “freedom from negligence” once a claimant shows good condition at origin, damaged condition at destination, and resulting damages.

FAQ #2 – When looking at readings from a portable recorder, what’s considered normal? 

Answer: True or false? Blue Book’s Transportation Guidelines provide—

(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, as a 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.

This rule of thumb is intended as a reference point and should not be applied rigidly. Claims must be considered on a case-by-case basis. For example, a temperature variance lasting less than 12 hours may still represent a breach of the contract of carriage depending on the severity of the variance.   

FAQ #3 – What if a portable temperature recorder goes missing? 

Answer: True or false? A negative inference may arise as a factor weighing against any party that fails to produce a temperature recorder or report presumed to be in its possession. If the driver signs a bill of lading that indicates a temperature recorder has been placed in the trailer, it will be presumed that the carrier received possession of the recorder. 

Similarly, a receiver that signs a delivery receipt without noting a missing recorder will be presumed to have received possession of any recorder listed on the bill of lading. When notified of a rejection, carriers should account for any recorders that may have been removed by the receiver. 

FAQ #4 – When looking at readings from a reefer download, what’s considered normal?

Answer: True or false? Temperature reports from refrigeration systems provide readings for the set point, return air temperature (the air returning to the unit), and supply air temperature (the air discharged from the unit). Blue Book typically expects return air readings to be within 1 degree of the set point, while the difference between the supply and return air readings should be within 4 to 5 degrees. Greater variances for prolonged periods may suggest that temperature control was compromised.

FAQ #5 – Does the reefer unit’s operating mode matter?

Answer: True or false? Not really. While it’s helpful to run reefer units continuously to maintain tighter temperature control and “wick away” heat from the product, the difference is considered marginal. At today’s high prices, saving fuel by running the reefer unit on a cycle or start-stop basis is widely considered a good or common-sense trade-off. 

FAQ #6 – If the reefer unit was set properly and functions throughout the trip, that’s all that can be expected of the carrier, right?  

Answer: True or false? No. A properly functioning reefer unit is essential but not necessarily sufficient to compensate for an old trailer with inadequate insulation, an open vent, or a torn air delivery chute.     

FAQ #7 – What are the carrier’s obligations if the pulp temperatures are too warm at shipping point?

Answer: True or false? If temperature control is required, carriers are expected to maintain air temperatures within the trailer at or near the instructed temperature. Carriers should consider all factors that may affect air temperatures in transit (e.g., heat from respiration, field heat, ambient air temperatures, air flow within the trailer, the trailer’s insulation, and capacity of the temperature control system) before signing the bill of lading. If the carrier cannot warrant that air temperatures in transit will be maintained as instructed, either the load should not be taken, or a specific release from strict temperature compliance should be agreed to between the interested parties.

FAQ #8 – Can pulp temperature information be used as evidence of the air temperatures within the trailer during transit?  

Answer: True or false? Yes, in some situations, but be careful! When considering the evidentiary weight to give warm (or cold) pulp temperature information reported at destination, the list of factors to be considered includes: (1) was the product loaded in the trailer when the USDA or CFIA (or other disinterested party) inspected the product?—the evidentiary value of pulp temperatures decreases rapidly once the product is unloaded; (2) was the product wrapped in plastic or tightly packed in containers where heat may have been trapped despite proper temperatures in the trailer? and (3) do we know what the pulp temperatures at shipping point were?—the bill of lading often only contains a temperature instruction and not a statement as to pulp temperatures. Where pulp temperatures are noted, the notation tends to be more convincing when readings are taken from multiple samples and specifically verified by the driver.

FAQ #9 – If bruising is caused by rough handling in the field, how can a carrier be responsible for bruising reported on a USDA or CFIA inspection at destination? 

Answer: True or false? Proper temperature control slows the advance of defects inherent within fresh produce. Sellers do not promise that their product will never be affected with bruising from rough handling or fungus from moisture in the field. Latent defects are allowed—even the best fruit will soon turn to mush. 

Rather, sellers promise that if carriers maintain normal temperature control and deliver to the contract destination in a timely manner, their product will arrive at destination without abnormal deterioration (as defined by the applicable Good Arrival Guidelines).

FAQ #10 – If pictures show the product was received in poor condition, why is a USDA or CFIA inspection needed?

Answer: True or false? Pictures may help communication with other parties, but they’re usually not helpful in quantifying the extent of the defects across a truckload of produce consisting of hundreds of cases. Inspections from the USDA and CFIA are typically based on random samples taken from throughout the load and provide objective information quantifying the percentage and severity of defects affecting the shipment. 

If you answered “true” to all but FAQ #5 you’re well-aligned with Blue Book’s Claims, Collections & Dispute Resolution team and ready for your next claim. If you answered “false” to any of the other questions, please let me know if you would like to discuss.

Ongoing industry feedback helps us improve and is greatly appreciated. My email address is dnelson@bluebookservices.com.