Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331)
Chapter 7 - POISONOUSOR TOXIC MATERIALS
Section 144-200-7-2 - OPERATIONAL SUPPLIES AND APPLICATIONS

Universal Citation: 10 ME Code Rules § 144-200-7-2

Current through 2024-38, September 18, 2024

7-201 Storage

7-201.11 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; and

(B) Locating the Poisonous or Toxic Materials in an area that is not above Food, Equipment, Utensils, Linens, and Single-Service and 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.

7-202 Presence and Use

7-202.11 Restriction.

(A) Only those Poisonous or Toxic Materials that are required for the operation and maintenance of a Food or Eating 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 or Eating Establishment.*

(B)¶ (A) of this section does not apply to Packaged Poisonous or Toxic Materials that are for retail sale.

7-202.12 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 or Eating Establishment;*

(3) The conditions of certification, if certification is required, for use of the pest control materials;* 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, 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:

(a) Removing the items,

(b) Covering the items with impermeable covers, or

(d) Cleaning and Sanitizing Equipment and Utensils after the application.

(C)Pesticides, except disinfectants used in routine cleaning, shall be applied only by a certified and licensed commercial applicator, as defined in 22 M.R.S.§§1471-C(Amended 2011) &1471-D (Amended 2011), or a person under the direct, on-site supervision of a certified and licensed commercial applicator.

7-203 Container Prohibitions

7-203.11 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.

7-204 Chemicals

7-204.11 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) (2012 ed.); 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)(2012 ed.).

7-204.12 Chemicals for Washing, Treatment, Storage and Processing Fruits and Vegetables, Criteria.

(A)Chemicals, including those generated onsite, used to wash or peel raw, whole fruits and vegetables shall meet the requirements specified in 21 CFR §173.315 (Chemicals used in washing or to assist in the peeling of fruits and vegetables)(April 1, 2013Ed.).*

(B)Ozone as an antimicrobial agent used in the treatment, storage, and processing of fruits and vegetables in a Food or Eating Establishment shall meet the requirements specified in 21 CFR §173.368(Ozone) (April 1, 2013 Ed.).

7-204.13 Boiler Water Additives, Criteria.*

Chemicals used as boiler water Additives shall meet the requirements specified in 21 CFR §173.310 (Boiler Water Additives)( April 1, 2013 Ed.).

7-204.14 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)(2012 Ed.), or 21 CFR §184 (Direct Food Substances Affirmed as Generally Recognized as Safe)(2012 Ed.),

(2) Generally recognized as safe for the intended use as specified in 21 CFR §186 (Indirect Food Substances Affirmed as Generally Recognized as Safe)(2012 Ed.),

(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)(2012 Ed.),

(4)Subject of an effective Food Contact Notification as described in the Federal Food Drug and Cosmetic Act (FFDCA) 21 USC §348 (2012 Ed.) and 409(h) (2012 Ed.),

(5)Approved for use as a drying agent under a prior sanction as described in the Federal Food Drug and Cosmetic Act (FFDCA) 21 USC § 348 (2012 Ed.) and §201(s)(4) (2012),

(6) Specifically regulated as an indirect Food Additive for use as a drying agent as specified n 21 CFR Parts §§ 175-178 (2012 Ed.), 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)(2012 Ed.); 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.

7-205 Lubricants

7-205.11 Incidental Food Contact, Criteria.*

Lubricants shall meet the requirements specified in 21 CFR §178.3570 (Lubricants with incidental food contact)(2012 Ed.), 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.

7-206 Pesticides

7-206.11 Restricted Use Pesticides, Criteria.*

Pesticides specified under ¶ 7-202.12(C) shall meet the requirements specified in 22 M.R.S. §§1471-C (Amended 2011) &1471-D (Amended 2011).

7-206.12 Rodent Bait Stations.*

Rodent bait shall be contained in a covered, tamper-resistant bait station.

7-206.13 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 or Eating Establishment. *

(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.

7-207 Medicines

7-207.11 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 or Eating Establishment.

(B) Medicines that are in a Food or Eating establishment for the Employees' use shall be labeled as specified under §7-101.11 and located to prevent the contamination of Food, Equipment, Utensils, Linens, and Single-Service and Single-Use Articles.*

7-207.12 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:

(A) Stored in a package or container and kept inside a covered, leakproof container that is identified as a container for the storage of medicines; and

(B) Located so they are inaccessible to children.

7-208 First Aid Supplies

7-208.11 Storage.*

First aid supplies that are in a Food or Eating Establishment for the Employees' use shall be:

(A) Labeled as specified under §7-101.11; and

(B) Stored in a kit or a container that is located to prevent the contamination of Food, Equipment, Utensils, Linens, and Single-Service and Single-Use Articles.

7-209 Other Personal Care Items

7-209.11 Storage.

Except as specified under §§7-207.12 and 7-208.11, Employees shall store their Personal Care Items in facilities as specified under Paragraph 6-305.11(B).

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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