Minnesota Administrative Rules

4626.0295 REFILLING RETURNABLES. 3-304.17

A.

Except as specified in this part, empty containers returned to a food establishment for cleaning and refilling with food must be cleaned and refilled in a regulated food processing plant._P1

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:

(1)

designed and constructed for reuse and in accordance with the requirements specified under parts 4626.0450, 4626.0505, and 4626.0515;_P1

(2)

one 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; and

(3)

subject to the following steps before being refilled with food:

(a)

cleaned as specified under parts 4626.0840 to 4626.0885;

(b)

sanitized as specified under parts 4626.0900 to 4626.0905;_P1 and

(c)

visually inspected by a food employee to verify that the container, as returned, meets the requirements under parts 4626.0450 to 4626.0470, 4626.0490, and 4626.0515._P1

C.

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

(1)

the beverage is not TCS food;

(2)

the design of the container and of the rinsing equipment and the 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 part 4626.0575, items A, B, and D, that cannot be bypassed by the container owner.

D.

Consumer-owned, personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups, promotional beverage glasses, and vinegar and oil containers, may be refilled by employees or the consumer if refilling is a contamination-free process as specified under part 4626.0575, items A, B, and D.

E.

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

Statutory Authority:

MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011

History:

23 SR 519; 43 SR 295

Published Electronically:

January 2, 2019