With the temperature varying from state to state it is possible. The FDA issues the food code, it is then up to each individual state to adapt the food code however they may want to. When I used to teach the Servsafe class (which is based upon the most current code), the variance between state wasn't usually the temperature. The difference was usually concerning when individuals had to wear gloves, allowing for reusable take home containers (meals on wheels, universities), food handler license requirements, etc. When I taught the class, I always taught 100 F but to tell employees as hot as they can stand it which should get them above 100F.
https://www.fda.gov/...e/UCM577858.pdf - for anyone curious, this is what the different states codes are based upon.
As for stating the temperature, I would agree, better not to specifically name a temperature or say above 100F.