N.J. Admin. Code § 8:21-11.5

Current through Register Vol. 56, No. 8, April 15, 2024

Section 8:21-11.5 - Salvage of food, drugs, devices or cosmetics associated with natural or local disasters or distressed food conditions or industrial mishandling

(a) General provisions are as follows:

1. All food, drugs and cosmetics and devices in establishments affected by polluted water, smoke, chemicals or other contaminating substance shall be promptly placed under written embargo until such time as their disposition can be supervised.

2. Complete instructions should be issued to local health authorities by the department regarding our policy and procedures to be used during the disaster.

3. All adversely affected perishable foods should be ordered destroyed immediately by incineration or burial unless an approved salvage plan is available.

4. All articles which have lost their identity and cannot be re-identified shall be destroyed or disposed of in a manner approved by the department or local health authority.

5. Inventory lists should be made of all embargoes and destroyed materials as soon as possible under the supervision of the department or local health authority representative. If quantities of affected articles are such that inventory cannot be taken immediately, a blanket embargo shall be placed on the contents of the room, building or other place affected.

6. Complete instructions shall be issued to the establishment operator with special emphasis on maintaining embargoes until articles are released by the department or local health authority.

7. All affected food, drugs and cosmetics in containers other than hermetically sealed cans are to be destroyed either by incineration, denaturing and burial, or approved for industrial use. Containers sealed by rubber gaskets, crimping or other similar means which do not permit proper sanitization or decontamination should be destroyed.

(b) Rules concerning sanitizing hermetically sealed containers are as follows.

1. Food, drugs, devices and cosmetics in hermetically sealed containers may be salvaged if:

i. They are thoroughly washed in a solution of soap or detergent and clean water;

ii. Sanitized by immersion in a solution of chlorine of at least 200 parts per million (ppm) strength for at least five minutes or by the use of equivalent solutions of quarternary ammonium compounds, iodine compounds or other chemicals that produce the same result;

iii. Rinsed in clean water, air dried or hand dried promptly and stored under embargo in a dry clean place for 15 days, provided, however, that foods subjected to intense heat such as in a fire shall be stored for 30 days;

iv. Upon expiration of the 15 or 30 day holding period, reconditioned goods should be examined by department or local health authority personnel and may be released if found in satisfactory condition.

(c) Rules concerning frozen and refrigerated foods and drugs are as follows.

1. Frozen or refrigerated food and drugs should be handled in accordance with instructions in subsections (a) and (b) of this section, except for those foods not subject to contamination but stored in places where power failures have occurred.

i. Potentially hazardous foods in cold storage rooms where temperatures have risen above 45 degrees Fahrenheit for an extended period of time should be destroyed. (Loss of power for less than 24 hours duration usually will not affect food and drugs if doors are not opened too frequently.)

ii. Frozen foods that have partially or wholly defrosted should be cooked immediately or destroyed and should not be refrozen unless cooked. (Loss of power for less than 48 hours duration usually will not affect the foods if doors are not opened too frequently.)

(d) Rules concerning malt, fermented or distilled alcoholic beverages are as follows.

1. Hermetically sealed cans of beer and soda may be salvaged in accordance with subsection (b) of this section.

2. Whiskeys and liquors shall only be salvaged for redistillation to commercial grade alcohol. (See N.J.A.C. 8:21-11.5(a)1, 4, 5 and 6.)

3. Contaminated containers of alcoholic beverages shall be retained under embargo whenever possible in order to provide an opportunity for the owner to seek possible tax reimbursement.

(e) Rules concerning paper, plastic or similar type food containers, wrappings or utensils are as follows.

1. Paper, plastic or similar food containers, wrappings or utensils which have been exposed to natural or local disasters or industrial mishandling, and have been contaminated by flood or other contaminated water or chemicals during a fire shall be condemned for food purposes and caused to be destroyed; provided, however, that the paper, plastic or similar food containers with multiple layers which have been slightly dampened with water and the inner layers remain dry, and the foods contained therein not adversely affected, may be salvaged by stripping the outer layers and properly repackaging and labeling.

2. Single service food containers, utensils and wrapping materials which have been exposed to natural or local disasters or industrial mishandling shall be destroyed for use on or with foods.

(f) Rules concerning utensils, equipment and work surfaces are as follows.

1. Food, drug and cosmetic establishments affected by a natural or local disaster shall not resume operations until all utensils, equipment and work surfaces have been thoroughly cleaned and subjected to sanitization procedures acceptable to the department or local health authority and permission to resume operations has been granted by the department or the local health authority.

(g) All mud, debris and other soil shall be removed from floors, sidewalls and ceilings of a food, drug or cosmetic establishment, be flushed with clean water, treated with a hypochloride solution, be thoroughly ventilated, and then allowed to dry.

(h) Every food establishment shall provide a single designated area (morgue) identified by a sign in which damaged or distressed food containers shall be placed pending proper disposition.

(i) All food, drug, and cosmetic establishments utilizing a private water supply system shall contact the Department of Environmental Protection or the local health authority relative to a sanitary survey of the entire water supply system and for directions for disinfecting the water supply and water supply system.

N.J. Admin. Code § 8:21-11.5

Recodified by R.1990 d.563, effective 11/19/1990.
See: 22 New Jersey Register 2465(a), 22 New Jersey Register 3559(a).
Text on salvage of "food, drugs, devices or cosmetics ..." recodified from 11.4; text on disposal of distressed foods recodified to 11.6.
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2191(a).