Okla. Admin. Code § 310:257-5-36

Current through Vol. 41, No. 19, June 17, 2024

Section 310:257-5-36 - Refilling returnables

(a) Except as provided in paragraphs (b) through (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 establishment.

(b) Take-home food containers 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 OAC 310:257-7-1 through 310:257-7-15;

(2) A container 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;

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

(1) The beverage is not Time/Temperature Control for Safety Food;

(2) The design of the container and the rinsing equipment and 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 OAC 310:257-7-28(1), (2) and (4) that cannot be bypassed.

(d) Consumer-owned, personal take-out beverage containers, such as thermally insulated bottles, non-spill coffee cups, and promotional beverage glasses, may be refilled by employees of the food establishment or the consumer if refilling is a contamination-free process as specified under OAC 310:257-7-28(1), (2) and (4).

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

Okla. Admin. Code § 310:257-5-36

Added at 23 Ok Reg 2358, eff 6-25-06; Amended at 28 Ok Reg 2289, eff 11-1-11

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021