Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 357 - FOOD SALVAGE
Section 001-357-3 - Rules and regulations for food salvage establishments

Universal Citation: 01 ME Code Rules ยง 001-357-3

Current through 2024-38, September 18, 2024

A. Examination and condemnation of unwholesome food. Samples of food may be taken by the Commissioner as often as nay he necessary for the detection of unwholesomeness, damage or contamination.

B. Notice to Commissioner. It shall be the duty of food salvage processing establishment and salvage brokers to keep records for the Commissioner whenever distressed foods subject to the provisions of this section are obtained. (May be satisfied by Section C.)

(a) Movement of embargoed foods
1. It shall be unlawful for foods under embargo by the Commissioner to be moved to a different location without prior permission granted by the Commissioner.

2. All movements of embargoed foods are to be made only under the supervision of the Commissioner.

3. Food and food products shall be moved from the localized site of a fire, flood, wreck or other cause as expeditiously as possible supervised by the Commissioner or an agent so as not to become putrid, unwholesome, rodent or insect harborages, or otherwise a menace to public health.

4. All embargoed foods, prior to reconditioning and release from embargo shall be transported only in vehicles provided with devices to render them capable of being locked and sealed. Where highly perishable foods are transported, this is to be done in vehicles provided with adequate refrigeration for product maintenance.

C. Records

A record or receipt of damaged merchandise, merchandise found to be unfit, and salvaged merchandise shall be kept by food salvage establishments and food salvage brokers and shall be kept open for inspection by the Commissioner during business hours. These records shall he kept on the premises of the food salvage establishment or broker for a period of three years following the completion of transaction involving a lot of merchandise. Records indicating the source of distressed, salvageable or salvaged foods and sales or distribution accounts shall be maintained by food salvage establishments and salvage brokers and shall be open to the inspection of the Commissioner.

D. Storage and removal of waste material and unfit foods

(a) Waste material shall be stored in such a manner as not to become a nuisance, preferably in a separate building. Leakproof, non-absorbent, covered containers shall be used and frequent removal from the premises shall be the. rule as determined by the. Commissioner.

(b) All unfit foods shall be removed from food salvage Processing establishments often enough a,, to not become a nuisance. This removal shall he done only by a method approved by the Commissioner and All disposal costs shall be borne by the establishment.

E. Required rooms

Where the operation requires, the following rooms or areas shall be provided to carry on the business of food salvage processing establishment.

1. Receiving room or area;

2. Sorting and culling room or area;

3. Reconditioning room or area;

4. Storage room or area for reconditioned food; and,

5. Waste room or area. Every salvage processing establishment shall he provided with a suitable room or rooms for changing and hanging of wearing apparel of the workers or employees, which shall be separate and apart from the work, storage and sales rooms, and shall be kept in a clean and sanitary condition. If retail sales are made on the premises, a separate room shall be provided for this purpose. Where frozen or refrigerated foods are handled, refrigerators, freezer rooms and/or freezer cabinets shall be provided.

F. Sanitation requirements

(a) Any building or portion of any building regularly used in food salvaging shall at all times be clean, free of foul atmosphere and contamination, and shall be properly lighted, drained, and ventilated.

(b) The side walls and ceilings of all work rooms shall be smooth and easily cleanable, and shall be kept reasonably free from dirt and foreign matter and clean at all times.

(c) The floors of all work rooms shall be impermeable and shall be constructed of non-absorbent material which can be flushed and washed clean with water. Floor drains shall be provided in all rooms where floors are subjected to flooding type cleaning or where normal operations release or discharge water or other liquid waste on the floor. Floor/wall joints shall be sealed with coved molding.

(d) All salvage processing establishments shall have an adequate number of conveniently located toilet rooms separate and apart from work rooms. The doors of toilet rooms shall be provided with self- closing devices. The floor of the toilet room shall be of non-absorbent material and shall be clean at all times. Toilet rooms shall be vented to the outdoors by means of ventilation. Easily cleanable waste receptacles shall be provided. A covered waste receptacle shall be provided in toilet rooms used by women. A handwash sign shall be posted.

(e) Hand wash sinks shall be located in the toilet rooms, and at other locations in the establishment where required, and shall be supplied with soap, hot and cold or warm running water and single service towels, and shall be maintained in a sanitary condition. Before beginning work, after visiting toilet rooms, and at other times as required, employees shall wash their hands thoroughly with soap and water.

(f) Sewage disposal. All sewage and other liquid waste shall be disposed of in a public sewerage system, or in the absence thereof, in a manner complying with State Plumbing Code subsurface wastewater disposal rules.

(g) All plumbing and facilities shall meet State Plumbing Code requirements.

(h) Storage rooms shall be kept clean and free from objectionable odors, and shall be rodent and vermin proof.

(i) Doors, windows and other outer openings shall be screened with screens of not coarser than 12 mesh wire screening, or other effective means of insect elimination shall be adopted, subject to approval by the Commissioner.

(j) Effective measures shall be taken to protect against the entrance into the establishment and the breeding or presence on the premises of rodents, insects, and other vermin. Extermination, when practiced, shall be, done in a safe manner so as not to contaminate foods and shall not make use of highly poisonous substances where rodent poisons are used, they shall be color coded and shall. be placed in properly located and constructed bait boxes.

(k) The water supply shall be ample, clean and potable with adequate facilities for its distribution in the establishment. Private water supplies shall meet State standards for non-community water systems and shall be tested once yearly.

(l) All apparatus, utensils and appurtenances used in the handling of salvage goods shall be so constructed and placed that they can be thoroughly cleaned. Such equipment shall be kept clean and sanitary and in good repair.

(m) No person shall live or sleep in any building used as a food salvage establishment, unless living and sleeping quarters are separated by impervious walls without windows or doors.

(n) Vats, 3 bay non-corrosive sinks and other washing equipment, provided with hot and cold water under pressure and proper drains, shall be available in the salvage food processing establishment for the cleaning, rinsing, and bactericidal treatment of food containers to be reconditioned. Necessary equipment for drying, buffing, relabeling and repacking shall, where required, be provided. A utility sink shall be provided for the washing of cleaning and maintenance equipment, and disposal of waste water from such operations. Food salvage retail establishments shall have at minimum an adequately sized two bay sink with drainboards, and a utility sink.

(o) Employees shall be clean in person at all times and shall wear clean, washable clothing and caps, where the operation requires. They shall not smoke or use tobacco except in approved employee break rooms.

(p) No person suffering from or afflicted with a contagious or infectious disease shall be employed in or about any part of a food salvage establishment.

(q) All products shall be stored on skids or pallets of sufficient height to facilitate cleaning and inspection, and shall not be placed closer than 12" to the walls. There shall be an aisle at least 18" wide between each double row of merchandise.

(r) All rooms in which salvageable or salvaged merchandise is processed or utensils are washed, dressing or locker rooms, toilet rooms, and garbage and rubbish disposal areas shall be well ventilated, and comply with applicable Federal, State and local fire prevention and air-pollution requirements.

(s) No birds or animals shall be allowed in a food salvage establishment.

(t) Lights in areas where food is handled or exposed shall be properly shielded.

G. Protection of Damaged and Salvaged Merchandise

(a) All distressed, salvageable and salvaged foods shall be protected from contamination while being stored, transported or processed. Poisonous and toxic materials shall be identified and handled under such conditions so as not to contaminate food. Poisonous or toxic materials shall be stored, transported and processed separate from foods at all times.

(b) All salvageable articles shall be promptly sorted and segregated from non-salvageable materials to prevent further contamination of foods to be salvaged or offered for sale or distribution.

(c) Vehicles used to transport damaged or salvaged merchandise shall be maintained in a clean and sanitary condition to protect food products from contamination.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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