ADVANCEMENT OF THE SCIENCE
Key Regulations for Reuse and Multiuse Containers in the Federal Food Code That Are Relevant to the Research Questions TABLE 3 continued from page 23
Research Question Relevant Code or Definition
Justification
5) Can establishments clean, using their own in-house equipment, take-home reusable containers that they have provided to consumers?
• 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 • Food Processing Plant
In 2017 and 2013 Food Codes : (Conclusion: Yes) 3-304.17: (A) Except as specified in (B) – (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 PROCESSING PLANT. (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: . . . Annex 3-304.17: Food establishments may provide multiuse to-go containers to consumers with the intention that the containers are to be returned to the food establishment for refilling or reuse. These containers are likely to be soiled when the consumer returns the container to the food establishment. . . . The existing provisions in the Food Code, specifically the cleaning and sanitization provisions in Parts 4-6 and 4-7, if carried out properly upon return of a used container, are sufficient to ensure that the container is safe to refill or reuse. . . In 2001, 2005, and 2009 Food Codes : (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). * *In referencing 4-603.17(B), the content for that section is: (B) A FOOD-specific container for BEVERAGES may be refilled at a FOOD ESTABLISHMENT if: . . . Because this text specifically pertains to beverages, this conclusion was answered in the negative for older Food Codes . This text was included in multiple older codes and is likely an error. In 2017 and 2013 Food Codes : (Conclusion: Yes)* 3-304.17: (A) Except as specified in (B) – (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 PROCESSING PLANT. *Contingent on what qualifies as a food processing plant. In 2001, 2005, and 2009 Food Codes : Because only beverages are read to be refillable in older codes, this seems unlikely and was answered in the negative as a result. That said, the following section (which may imply room for a variance) does appear in 4-603.17: (A) Except as specified in (B) and (C) of this section, returned empty containers intended for cleaning and refilling with FOOD shall be cleaned and refilled in a regulated FOOD PROCESSING PLANT. Materials that are used in the construction of UTENSILS and FOOD CONTACT SURFACES of EQUIPMENT may not allow the migration of deleterious substances or impart colors, odors, or tastes to FOOD and under normal use conditions shall be: (A) Safe; (B) Durable, CORROSION-RESISTANT, and nonabsorbent; (C) Sufficient in weight and thickness to withstand repeated WAREWASHING; (D) Finished to have a SMOOTH, EASILY CLEANABLE surface; and (E) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition. Annex 4-101.11: Surfaces that are unable to be routinely cleaned and sanitized because of the materials used could harbor foodborne pathogens. Deterioration of the surfaces of equipment such as pitting can inhibit adequate cleaning of the surfaces of equipment, so that food prepared on or in the equipment becomes contaminated.
• Easily Cleanable • Caveat: Materials (see below)
6) Can establishments have third parties provide the cleaning service for their (that they provided) reusable take-home containers?
• 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 • Food Processing Plant
• Easily Cleanable • Caveat: Materials (see below)
Caveat: Materials
• 4-101.11: Multiuse Characteristics • Easily Cleanable • Food Contact Surface • Safe Material • Sanitization
Source: Food and Drug Administration, 2001, 2005, 2009, 2013, 2017.
food code on its government website, then we used archival data from its most recently posted food code. We saved every federal and state code analysis separately, with a cross- reference system built to enable discovery of individual code correlates for the benefit of
the reusables and refillables industry as well as future researchers.
types of metrics ultimately were recorded based on this information: one that referenced the presence or absence of changes relative to the federal code on which a given state code was allegedly based and another that involved anal- ysis of the content underlying those changes.
Measurement After completing this database, data relevant to changes were aggregated and codified. Two
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Volume 86 • Number 8
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