Current through Rules and Regulations filed through September 23, 2024
(1)
Separation. POISONOUS OR TOXIC MATERIALS shall be stored so they
cannot 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
(2)
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
(b)
Paragraph (a) of this section
does not apply to PACKAGED POISONOUS OR TOXIC MATERIALS that are for retail
sale.
(3)
Conditions of Use. POISONOUS OR TOXIC MATERIALS shall be:
(a) Used according to:
1. LAW and these Regulations,
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 DEPARTMENT; 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
(i) Removing the
items,P
(ii) Covering the items with impermeable
covers,P or
(iii) Taking other appropriate preventive
actions,P and
(iv) Cleaning and SANITIZING EQUIPMENT and
UTENSILS after the application.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
(4)
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
(5)
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
(6)
Chemicals for Washing, Treatment,
Storage, and Processing Fruits and Vegetables, Criteria. Chemicals,
including those generated on-site, used to wash or peel raw, whole fruits and
vegetables shall:
(a) Be an APPROVED FOOD
ADDITIVE listed for this intended use in 21 CFR 173
,P or
(b) Be generally recognized as safe (GRAS)
for this intended use,P or
(c) 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
(d) Meet the requirements in 40 CFR 156
Labeling Requirements for Pesticide and
Devices.P
(7)
Boiler Water Additives,
Criteria. Chemicals used as boiler water ADDITIVES shall meet the
requirements specified in 21
CFR 173.310 Boiler water
additives.P
(8)
Drying Agents, Criteria.
Drying agents used in conjunction with SANITIZATION shall:
(a) Contain only components that are listed
as one 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)
Section 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 Subparagraph (a)5 or (a)7 of this
section or the regulation as an indirect FOOD ADDITIVE required under
Subparagraph (a)6 of this section, shall be specifically for use with chemical
SANITIZING solutions.P
(9)
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
(10)
Restricted Use Pesticides,
Criteria. RESTRICTED USE PESTICIDES specified under
40-7-1-.36(3)(c)
shall meet the requirements specified in 40 CFR 152 Subpart I - Classification
of Pesticides.P
(11)
Rodent Bait Stations.
Rodent bait shall be contained in a covered, tamper-resistant bait
station.P
(12)
Tracking Powders, Pest Control and
Monitoring.
(a) Except as specified in
(b) of this section, a tracking powder pesticide may not be used in a FOOD
ESTABLISHMENT.P
(b) If used, a nontoxic tracking powder such
as talcum or flour may not contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and
SINGLE-SERVICE and SINGLE-USE ARTICLES.
(13)
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
40-7-1-.35(1) and
located to prevent the contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and
SINGLE-SERVICE and SINGLE-USE
ARTICLES.P
(14)
Refrigerated Medicines,
Storage. Medicines belonging to EMPLOYEES that require refrigeration and
are stored in a FOOD refrigerator shall be stored in a package or container and
kept inside a covered, leakproof container that is identified as a container
for the storage of
medicines.P
(15)
Storage - First Aid
Supplies. First aid supplies that are in a FOOD ESTABLISHMENT for the
EMPLOYEES' use shall be:
(a) Labeled as
specified under
40-7-1-.35(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
(16)
Storage - Other Personal Care
Items. Except as specified under
40-7-1-.36(14) and
40-7-1-.36(15),
EMPLOYEES shall store their PERSONAL CARE ITEMS in facilities as specified
under 40-7-1-.32(11)(b).
O.C.G.A.
§§
26-2-1, et
seq.
