[Ord. No. 18-01, 2-1-2018]
[Ord. No. 18-01, 2-1-2018]
A.
Storage.
1.
Separation. POISONOUS OR TOXIC MATERIALS shall be stored so
they can not contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE
and SINGLE-USE ARTICLES by:
a.
Separating the POISONOUS OR TOXIC MATERIALS by spacing or partitioning;P and
b.
Locating the POISONOUS or TOXIC MATERIALS in an area that is
not above FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE or
SINGLE-USE ARTICLES. This paragraph does not apply to EQUIPMENT and
UTENSIL cleaners and SANITIZERS that are stored in WAREWASHING areas
for availability and convenience if the materials are stored to prevent
contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE
and SINGLE-USE ARTICLES.P
B.
Presence And Use.
1.
Restriction.
a.
Only those POISONOUS OR TOXIC MATERIALS that are required for
the operation and maintenance of a FOOD ESTABLISHMENT, such as for
the cleaning and SANITIZING of EQUIPMENT and UTENSILS and the control
of insects and rodents, shall be allowed in a FOOD ESTABLISHMENT.Pf
2.
Conditions Of Use. POISONOUS OR TOXIC MATERIALS shall be:
a.
Used according to:
(1)
LAW and this Code;
(2)
Manufacturer's use directions included in
labeling, and, for a pesticide, manufacturer's label instructions
that state that use is allowed in a FOOD ESTABLISHMENT;P
(3)
The conditions of certification, if certification
is required, for use of the pest control materials;P and
(4)
Additional conditions that may be established by
the REGULATORY AUTHORITY; and
b.
Applied so that:
(1)
A HAZARD to EMPLOYEES or other PERSONS is not constituted;P and
(2)
Contamination including toxic residues due to drip,
drain, fog, splash or spray on FOOD, EQUIPMENT, UTENSILS, LINENS,
and SINGLE-SERVICE and SINGLE-USE ARTICLES is prevented, and for a
RESTRICTED USE PESTICIDE, this is achieved by:P
c.
A RESTRICTED USE PESTICIDE shall be applied only by an applicator
certified as defined in 7 USC 136, Definitions, (e) Certified Applicator,
of the Federal Insecticide, Fungicide, and Rodenticide Act, or a PERSON
under the direct supervision of a certified applicator.Pf
C.
Container Prohibitions.
1.
Poisonous Or Toxic Material Containers. A container previously
used to store POISONOUS OR TOXIC MATERIALS may not be used to store,
transport, or dispense FOOD.P
D.
Chemicals.
1.
Sanitizers, Criteria. Chemical SANITIZERS, including chemical
sanitizing solutions generated on-site, and other chemical antimicrobials
applied to FOOD-CONTACT SURFACES shall:
a.
Meet the requirements specified in 40 CFR 180.940, Tolerance
exemptions for active and inert ingredients for use in antimicrobial
formulations (Food-contact surface sanitizing solutions);P or
b.
Meet the requirements as specified in 40 CFR 180.2020, Pesticide
Chemicals Not Requiring a Tolerance or Exemption from Tolerance-Non-FOOD
determinations.P
2.
Chemicals For Washing, Treatment, Storage And Processing Fruits
And Vegetables, Criteria.
a.
Chemicals, including those generated on-site, used to wash or
peel raw, whole fruits and vegetables shall:
(1)
Be an approved food additive listed for this intended
use in 21 CFR 173;P or
(2)
Be generally recognized as safe (GRAS) for this
intended use;P or
(3)
Be the subject of an effective food contact notification
for this intended use (only effective for the manufacturer or supplier
identified in the notification);P and
(4)
Meet the requirements in 40 CFR 156, Labeling Requirements
for Pesticide and Devices.P
b.
Ozone as an antimicrobial agent used in the treatment, storage,
and processing of fruits and vegetables in a FOOD ESTABLISHMENT shall
meet the requirements specified in 21 CFR 173.368, Ozone.P
3.
Boiler Water Additives, Criteria. Chemicals used as boiler water
ADDITIVES shall meet the requirements specified in 21 CFR 173.310,
Boiler water additives.P
4.
Drying Agents, Criteria. Drying agents used in conjunction with
SANITIZATION shall:
a.
Contain only components that are listed as one (1) of the following:
(1)
Generally recognized as safe for use in FOOD as
specified in 21 CFR 182, Substances Generally Recognized as Safe,
or 21 CFR 184, Direct FOOD Substances Affirmed as Generally Recognized
as Safe;P
(2)
Generally recognized as safe for the intended use
as specified in 21 CFR 186, Indirect Food Substances Affirmed as Generally
Recognized as Safe;P
(3)
Generally recognized as safe for the intended use
as determined by experts qualified in scientific training and experience
to evaluate the safety of substances added, directly or indirectly,
to FOOD as described in 21 CFR 170.30, Eligibility for classification
as generally recognized as safe (GRAS);P
(4)
Subject of an effective Food Contact Notification
as described in the Federal Food Drug and Cosmetic Act (FFDCA) §
409(h);P
(5)
APPROVED for use as a drying agent under a prior
sanction as described in the Federal Food Drug and Cosmetic Act (FFDCA)
§ 201(s)(4);P
(6)
Specifically regulated as an indirect FOOD ADDITIVE
for use as a drying agent as specified in 21 CFR, Parts 174-178;P or
(7)
APPROVED for use as a drying agent under the threshold
of regulation process established by 21 CFR 170.39, Threshold of regulation
for substances used in food-contact articles;P and
b.
When SANITIZATION is with chemicals, the approval required under Subsection (D)(4)(a)(5) or (D)(4)(a)(7) of this Section or the regulation as an indirect FOOD ADDITIVE required under Subsection (D)(4)(a)(6) of this Section, shall be specifically for use with chemical SANITIZING solutions.P
E.
Lubricants.
1.
Incidental Food Contact, Criteria. Lubricants shall meet the
requirements specified in 21 CFR 178.3570, Lubricants with incidental
food contact, if they are used on FOOD-CONTACT SURFACES, on bearings
and gears located on or within FOOD-CONTACT SURFACES, or on bearings
and gears that are located so that lubricants may leak, drip, or be
forced into FOOD or onto FOOD-CONTACT SURFACES.P
F.
Pesticides.
1.
Restricted Use Pesticides, Criteria. RESTRICTED USE PESTICIDES specified under Section 225.370(B)(2)(c) shall meet the requirements specified in 40 CFR 152, Subpart I, Classification of Pesticides.P
2.
Rodent Bait Stations. Rodent bait shall be contained in a covered,
tamper-resistant bait station.P
3.
Tracking Powders, Pest Control And Monitoring.
G.
Medicines.
1.
Restriction And Storage.
a.
Except for medicines that are stored or displayed for retail
sale, only those medicines that are necessary for the health of EMPLOYEES
shall be allowed in a FOOD ESTABLISHMENT.Pf
b.
Medicines that are in a FOOD ESTABLISHMENT for the EMPLOYEES' use shall be labeled as specified under Section 225.360(A)(1) and located to prevent the contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE AND SINGLE-USE ARTICLES.P
2.
Refrigerated Medicines, Storage. Medicines belonging to EMPLOYEES
or to children in a day care center that require refrigeration and
are stored in a FOOD refrigerator shall be:
H.
First Aid Supplies.
1.
Storage. First aid supplies that are in a FOOD ESTABLISHMENT
for the EMPLOYEES' use shall be:
a.
Labeled as specified under Section 225.360(A)(1);Pf and
b.
Stored in a kit or a container that is located to prevent the
contamination of FOOD, EQUIPMENT, UTENSILS, and LINENS, and SINGLE-SERVICE
and SINGLE-USE ARTICLES.P
I.
Other Personal Care Items.
1.
Storage. Except as specified under Section 225.370(G)(2) and Section 225.370(H)(1), EMPLOYEES shall store their PERSONAL CARE ITEMS in facilities as specified under Section 225.330(E)(1)(b).
