Current through Register Vol. 49, No. 13, September 23, 2024
A. Except as specified in this part, empty
containers returned to a food establishment for cleaning and refilling with
food must be cleaned and refilled in a regulated food processing
plant.P1
B.
A take-home food container returned to a food establishment may be refilled at
a food establishment with food if the food container is:
(1) designed and constructed for reuse and in
accordance with the requirements specified under parts 4626.0450, 4626.0505,
and 4626.0515;P1
(2) one that was initially provided by the
food establishment to the consumer, either empty or filled with food by the
food establishment, for the purpose of being returned for reuse; and
(3) subject to the following steps before
being refilled with food:
(a) cleaned as
specified under parts 4626.0840 to 4626.0885;
(b) sanitized as specified under parts
4626.0900 to 4626.0905;P1 and
(c) visually inspected by a food employee to
verify that the container, as returned, meets the requirements under parts
4626.0450 to 4626.0470, 4626.0490, and
4626.0515.P1
C. A take-home food container returned to a
food establishment may be refilled at a food establishment with a beverage if;
(1) the beverage is not TCS food;
(2) 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 establishment;
(3) 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;
(4) the consumer-owned container returned to
the food establishment for refilling is refilled for sale or service only to
the same consumer; and
(5) the
container is refilled by:
(a) an employee of
the food establishment; or
(b) the
owner of the container if the beverage system includes a contamination-free
transfer process as specified under part 4626.0575, items A, B, and D, that
cannot be bypassed by the container owner.
D. Consumer-owned, personal take-out beverage
containers, such as thermally insulated bottles, nonspill coffee cups,
promotional beverage glasses, and vinegar and oil containers, may be refilled
by employees or the consumer if refilling is a contamination-free process as
specified under part 4626.0575, items A, B, and D.
E. Consumer-owned containers that are not
food-specific may be filled at a water vending machine or system.
Statutory Authority: MS s
31.101;
31.11;
144.05;
144.08;
144.12;
157.011
