N.J. Admin. Code § 8:21-11.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:21-11.3 - Damaged cans unsuitable for sale

(a) No person shall offer for sale or hold with the intent to sell any can or jar with bulged ends, or containers which are swells, springers, or flippers; this requirement includes cans with bulged lids caused by severe dents; provided, however, that beer or carbonated beverage containers which appear to be slightly bulged due to naturally occurring gas would be exempt from this provision and further provided that foods subjected to industrial mishandling may be sold to a salvage or distressed food dealer for segregation and reconditioning purposes.

(b) No person shall offer for sale any hermetically sealed can, jar or containers with visible evidence of product leakage.

(c) No person shall offer for sale any pull top container which contains obvious fractures of the lip scorelines, or glass containers showing any evidence of loosening or opening of the closure or other condition which affects the integrity of the seal.

(d) No person shall offer for sale any badly rusted and/or severely pitted container which cannot be properly cleaned and reconditioned by a moderate buffing procedure.

(e) No person shall offer for sale any severely dented can in which the end seam is pulled out of position to such an extent that the malposition is readily noticeable and there is evidence that the end seam may have been placed under tension.

(f) No person shall offer for sale any severely dented can which contains a very deep, sharp, angular dent with very acute crimping of the body wall.

(g) No person shall offer for sale any severely dented can in which the end seam has been forced out of position to such an extent that the countersink has been buckled which materially affects or is likely to affect the safety and usability of the container.

(h) No person shall offer for sale any container in which there is an improper end seam closure whereby a portion of the cover or body flange has not been tucked properly into the end seam.

(i) No person shall offer for sale any food container which is not properly labeled or has lost its identity due to natural disaster and/or local disaster conditions and cannot be properly re-identified.

(j) No person shall offer for sale foods in paper, plastic, or similar food containers or wrappings which have been damaged by penetration to such an extent that the product contained therein has been contaminated or adulterated.

Notes: A pictorial guide entitled "Visual Aids for Inspection of Damaged Food Containers" has been developed to correspond to the requirements contained in sections 2 and 3 of this subchapter and will serve to clarify some of the terminology used in the regulations. This guide is available from the Department.

N.J. Admin. Code § 8:21-11.3

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 damaged cans unsuitable for sale recodified from 11.2; text on damaged food containers suitable for sale recodified to 11.4.
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2191(a).