New Jersey Administrative Code
Title 8 - HEALTH
Chapter 24 - SANITATION IN RETAIL FOOD ESTABLISHMENTS, FOOD AND BEVERAGE VENDING MACHINES, AND COTTAGE FOOD OPERATIONS
Subchapter 7 - POISONOUS OR TOXIC MATERIALS
Section 8:24-7.2 - Operational supplies and applications
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Poisonous or toxic materials shall be stored in the following manner so that they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles:
(b) Only those poisonous or toxic materials that are required for the operation and maintenance of a retail 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 retail food establishment; except that this subsection does not apply to packaged poisonous or toxic materials that are for retail sale.
(c) Poisonous or toxic materials shall be used according to the following:
(d) A restricted-use pesticide shall be applied only by an applicator certified, as defined in 7 U.S.C. § 136(e), Certified Applicator, of the Federal Insecticide, Fungicide and Rodenticide Act, or a person under the direct supervision of a certified applicator and only if the following requirements are met:
(e) A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food.
(f) Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements specified in Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations, 40 CFR § 180.940.
(g) Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements specified in Chemicals used in washing or to assist in the peeling of fruits and vegetables, 21 CFR § 173.315, incorporated herein by reference, as amended and supplemented.
(h) Chemicals used as boiler water additives shall meet the requirements specified in Boiler Water Additives, 21 CFR § 173.310, incorporated herein by reference, as amended and supplemented.
(i) Drying agents used in conjunction with sanitization shall contain only components that are listed as one of the following:
(j) When sanitization is with chemicals, the approval required under (i)3 or 5 above or the regulation as an indirect food additive required under (i)4 above, shall be specifically for use with chemical sanitizing solutions.
(k) Lubricants shall meet the requirements specified in Lubricants with Incidental Food Contact, 21 CFR § 178.3570, incorporated herein by reference, as amended and supplemented, 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.
(l) Restricted-use pesticides specified under (d) above shall meet the requirements specified in Classification of Pesticides, 40 CFR Part 152, Subpart I, incorporated herein by reference, as amended and supplemented.
(m) Rodent bait shall be contained in a covered, tamper-resistant bait station.
(n) A tracking powder pesticide may not be used in a retail food establishment. If used, a nontoxic tracking powder such as talcum or flour may not contaminate food, equipment, utensils, linens, and single-service and single-use.
(o) The following applies to the restriction and storage of medicine:
(p) Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall be:
(q) First aid supplies that are in a retail food establishment for the employees' use shall be:
(r) Except as specified under (p) and (q) above, employees shall store their personal care items in facilities as specified under 8:24-6.3(c)2.