NEHA April 2024 Journal of Environmental Health

Future Directions We plan to share this research with other organizations and collaborators to highlight the need for uniform policy related to the permissibleness of reuse and multiuse con- tainers. The Conference for Food Protection (CFP, 2022), an advisory group for making changes to the FDA Food Code , is currently addressing the need for clarity regarding the permissibleness of using a personal container for food and beverage refills. In response, CFP is creating a definition for consumer- owned reusable containers and adding regu- lations regarding the appropriate handling of time/temperature control for safety goods when sold in reusable containers, although not all consumers will want to bring their own container. One of the authors of this article intro- duced an issue submission to CFP for 2023 to address the need for clarity surrounding the permissibleness of establishments to use third-party cleaning services for reusable containers. Food handling regulations should accommodate the need for o -site warewash-

ing and associated transportation of multiuse items to reduce waste and excess packaging. Increasing clarity in the language of the regu- lation encourages nonhazardous time/tem- perature-controlled practices that are safe, convenient, and sensitive to the beliefs and desires of many consumers. Changing FDA guidance in the federal code regarding reuse and multiuse contain- ers, however, does not mean guidance at the state-level changes. As such, interested par- ties also plan to share our study results with state regulators and policymakers with the goal of removing the confusing patchwork of regulations amid increasing public concern over single-use products. There are various examples of model language from Califor- nia, Hawaii, New York, Oregon, and Wash- ington that can be highlighted. Lastly, while simultaneously working on policy changes, there is also an inherent benefit to increas- ing knowledge and awareness of the reuse and multiuse components of the Food Code with the general public so that members of the public know what is permissible within

their state and how they can work to advocate for improving their state food code. Conclusion In support of both conservation e orts and general human health, reuse solutions o er a significant opportunity to move away from the traditional pollutive single-use, throw- away system toward a just and equitable circular economy. Federal and state food codes can support this goal by decreasing ambiguity and increasing clarity and per- missibleness concerning reuse and multiuse containers in their regulations. Our research demonstrates current gaps in food code pol- icy at federal and state levels as well as the diŽculty of scaling solutions that address these gaps, particularly for the benefit of multistate food establishments. Corresponding Author: Kelley Dennings, Center for Biological Diversity, 1288 Rensse- laer Avenue, Jacksonville, FL 32205. Email:


California Department of Public Health. (2020). California retail food code . ized/cacode.pdf Conference for Food Protection. (2022). CFP committee charges for the 2021–2023 biennium . committee-charges-2021-2023-all-final-rev-3-08-27-2022.pdf Food and Drug Administration. (2001). Food Code 2001 . https:// Food and Drug Administration. (2005). Food Code 2005 . https:// Food and Drug Administration. (2009). Food Code 2009 . https:// Food and Drug Administration. (2013). Food Code 2013 . U.S. Department of Health and Human Services. media/87140/download Food and Drug Administration. (2017). Food Code 2017 . U.S. Department of Health and Human Services. media/110822/download Food and Drug Administration. (2023a). FDA Food Code . https:// Food and Drug Administration. (2023b). Adoption of the FDA Food Code by state and territorial agencies responsible for the oversight of restaurants and/or retail food stores .

food-code/adoption-fda-food-code-state-and-territorial-agencies- responsible-oversight-restaurants-and-retail Hawaii Department of Health. (2017). Hawaii administrative rules, Title 11, Department of Health, Chapter 12: Food establishment san- itation . 90876d78-502f-4bcd-bf62-694f222c0c70/content Legal Information Institute. (2022). Incorporate by reference . Cornell Law School. orate_by_reference New York City Department of Health. (2018). Article 81: Food prepa- ration and food establishments . downloads/pdf/about/healthcode/health-code-article81.pdf New York State. (2019). Volume A(Title 10), subpart 14-1: Food service establishments . title-10/1997429580/subpart-14-1-food-service-establishments Oregon Health Authority. (2020). Food sanitation rules . https://www. foodsanitationrulesweb.pdf Washington State Department of Health. (2022). Washington state retail food code: Chapter 246-215, Washington Administrative Code (WAC) . Pubs//332-033.pdf

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