3717-1-03.2(P) Food: protection from contamination after receiving

Refilling returnables.

(1)

Except as specified in paragraphs (P)(2) to (P)(5) of this rule, empty containers returned to a food service operation or retail food establishment for cleaning and refilling with food are to be cleaned and refilled in a regulated food processing plant.

(2)

A take-home food container returned to a food service operation or a retail food establishment may be refilled at a food service operation or a retail food establishment with food if the food container is:

(a)

Designed and constructed for reuse and in accordance with the requirements specified under rule 3717-1-04 and 3717-1-04.1 of the Administrative Code;

(b)

One that was initially provided by the food service operation or retail food establishment to the consumer, either empty or filled with food by the food service operation or retail food establishment, for the purpose of being returned for reuse;

(c)

Returned to the food service operation or retail food establishment by the consumer after use;

(d)

Subject to the following steps before being refilled with food:

(i)

Cleaned as specified under rule 3717-1-04.5 of the Administrative Code;

(ii)

Sanitized as specified under rule 3717-1-04.6 of the Administrative Code; and

(iii)

Visually inspected by a food employee to verify that the container, as returned, meets the requirements specified under rules 3717-1-04 and 3717-1-04.1 of the Administrative Code.

(3)

A take-home food container returned to a food service operation or retail food establishment may be refilled at a food service operation or retail food establishment with beverage if:

(a)

The beverage is not a time/temperature controlled for safety food;

(b)

The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the food service operation or retail food establishment;

(c)

Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system;

(d)

The consumer-owned container returned to the food service operation or retail food establishment for refilling is refilled for sale or service only to the same consumer; and

(e)

The container is refilled by:

(i)

An employee of the food service operation or retail food establishment; or

(ii)

The owner of the container if the beverage system includes a contamination-free transfer process as specified under paragraphs (Q)(1), (Q)(2) and (Q)(4) of rule 3717-1-04.1 the Administrative Code that cannot be bypassed by the owner of the container.

(4)

Consumer-owned, personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups, and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified under paragraphs (Q)(1), (Q)(2), and (Q)(4) of rule 3717-1-04.1 of the Administrative Code.

(5)

Consumer-owner containers that are not food-specific may be filled at a water vending machine, bulk water machine or system.