Oklahoma Administrative Code
Title 310 - Oklahoma State Department of Health
Chapter 257 - Food Establishments
Subchapter 5 - Food
Section 310:257-5-36 - Refilling returnables

Universal Citation: OK Admin Code 310:257-5-36

Current through Vol. 42, No. 1, September 16, 2024

(a) Except as provided in paragraphs (b) through (e) of this section, empty containers returned to a food establishment for cleaning and refilling with food shall be cleaned and refilled in a regulated food establishment.

(b) Take-home food containers 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 OAC 310:257-7-1 through 310:257-7-15;

(2) A container 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;

(c) A take-home food container returned to a food establishment may be refilled at a food establishment with beverage if:

(1) The beverage is not Time/Temperature Control for Safety Food;

(2) The design of the container and the rinsing equipment and 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 OAC 310:257-7-28(1), (2) and (4) that cannot be bypassed.

(d) Consumer-owned, personal take-out beverage containers, such as thermally insulated bottles, non-spill coffee cups, and promotional beverage glasses, may be refilled by employees of the food establishment or the consumer if refilling is a contamination-free process as specified under OAC 310:257-7-28(1), (2) and (4).

(e) Consumer-owned containers that are not food-specific may be filled at a water vending machine or system.

Added at 23 Ok Reg 2358, eff 6-25-06; Amended at 28 Ok Reg 2289, eff 11-1-11

Disclaimer: These regulations may not be the most recent version. Oklahoma 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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.