TABLE 3
Key Regulations for Reuse and Multiuse Containers in the Federal Food Code That Are Relevant to the Research Questions
Research Question Relevant Code or Definition
Justification
1) Can consumers use personal thermoses
• 3-304.16C: Using Clean Tableware for Second Portions and Refills • 3-304.17: Refilling Returnables • Food Establishment • 3-304.16C: Using Clean Tableware for Second Portions and Refills • 3-304.17: Refilling Returnables • Single-Service Articles • Single-Use Articles
In 2017 and 2013 Food Codes : 3-304.16 (Conclusion: Yes) (C) Drinking cups and containers may be reused by self-service CONSUMERS if refilling is a contamination- free process as specified under 4-204.13(A), (B), and (D). In 2001, 2005, and 2009 Food Codes : 3-304.17 (Conclusion: Yes) (C) Personal take-out BEVERAGE containers, such as thermally insulated bottles, nonspill coffee cups, and promotional BEVERAGE glasses, may be refilled by EMPLOYEES or the CONSUMER if refilling is a contamination-free process as specified under 4-204.13(A), (B), and (D). In 2017 and 2013 Food Codes : 3-304.16 (Conclusion: No) (B) Except as specified in (C) of this section, self-service CONSUMERS may not be allowed to use soiled TABLEWARE, including SINGLE-SERVICE ARTICLES, to obtain additional FOOD from the display and serving EQUIPMENT. In 2001, 2005, and 2009 Food Codes : 3-304.17 (Conclusion: No) (B) Except as specified in (C), a take-home FOOD container refilled with FOOD that is not POTENTIALLY HAZARDOUS (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) shall be cleaned as specified under 4-603.17(B). * *4-603.17 B specifically pertains to beverage containers (see research question #4). Conclusion: Yes, but* (A) Except for refilling a CONSUMER’S drinking cup or container without contact between the pouring UTENSIL and the lip-contact area of the drinking cup or container, FOOD EMPLOYEES may not use TABLEWARE, including SINGLE-SERVICE ARTICLES, soiled by the CONSUMER, to provide second portions or refills. *Not indicated explicitly in the Food Code or in the majority of state codes. It does, however, state that employees cannot refill using soiled containers or utensils. With respect to consumers, this justification is a more practical one. If the food establishment plays no role in the process, it would not be realistic to expect this regulation to be enforced. In 2017 and 2013 Food Codes : (Conclusion: Yes) 3-304.17: (C) A take-home FOOD container returned to a FOOD ESTABLISHMENT may be refilled at a FOOD ESTABLISHMENT with BEVERAGE if: . . . Annex 3-304.17: . . . To prevent this contamination and possible health hazards to the consumer, the refilling of consumer-owned, personal take-out beverage containers is limited to beverages that are not potentially hazardous (time/temperature control for safety) foods. Equipment must be designed to prevent the contamination of the equipment and means must be provided to clean the containers at the facility. In 2001, 2005, and 2009 Food Codes : (Conclusion: Yes) 3-304.17: (C) Personal take-out BEVERAGE containers, such as thermally insulated bottles, nonspill coffee cups, and promotional BEVERAGE glasses, may be refilled by EMPLOYEES or the CONSUMER if refilling is a contamination-free process as specified under 4-204.13(A), (B), and (D). 4-603.17: (B) A FOOD-specific container for BEVERAGES may be refilled at a FOOD ESTABLISHMENT if: . . .
or containers for beverage refills?
2) Can consumers use personal containers for food refills?
3) Can consumers put leftover food in personal take-home containers that they brought, themselves, with no affiliation to the establishment? 4) Can establishments use take-home thermoses or containers that they have provided to consumers for beverage or hot liquid refills?
• 3-304.16C: Using Clean Tableware for Second Portions and Refills • Single-Service Articles • Single-Use Articles
• 3-304.17: Refilling Returnables • Annex: 3-304.17 In 2001, 2005, and 2009 Food Codes : • 4-603.17: Returnables, Cleaning for Refilling • Food Establishment • Easily Cleanable • Caveat: Materials (see last row on page 24)
continued on page 24
5.Can establishments clean, using their own in-house equipment, take-home reus- able containers that they have provided to consumers? 6.Can establishments have third parties pro- vide the cleaning service for their (that they provided) reusable take-home containers? The initial list of regulations relevant to reuse and multiuse containers was gener- ated based on a full reading of the 2017 Food Code in the context of our research questions,
which then resulted in the development of a mixed-methods research design. We targeted each regulation that might be relevant to future organizations seeking to make changes to improve or clarify the language surround- ing reuse and multiuse containers. Federal regulations were then explored retroactively, year by year, based on changes to the next most-recent federal code. Several more rel- evant regulations that were present only in older codes were subsequently added.
The final collection led to the assessment of several categories of terms and regula- tions related to reuse and multiuse containers (Table 2). In particular, some of these regula- tions were identified as key to answering our research questions (Table 3). Following the identification of relevant codes and terms, we generated an extensive database of the cod- ing and location of each individual (relevant) regulation in every relevant federal and state food code. If a state did not have a current
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