2 Va. Admin. Code § 5-585-600

Current through Register Vol. 41, No. 8, December 2, 2024
Section 2VAC5-585-600 - Refilling returnables
A. Except as specified in subsections 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 processing plant.P
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 2VAC5-585-960 through 2VAC5-585-1435;P
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;
3. Returned to the food establishment by the consumer after use;
4. Subject to the following steps before being refilled with food:
a. Cleaned as specified under 2VAC5-585-1770 through 2VAC5-585-1860;
b. Sanitized as specified under 2VAC5-585-1885 through 2VAC5-585-1900;P and
c. Visually inspected by a food employee to verify that the container, as returned, meets the requirements specified under 2VAC5-585-960 through 2VAC5-585-1435P.
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 a time/temperature control for safety 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 subdivisions 1, 2, and 4 of 2VAC5-585-1230 that cannot be bypassed by the container owner.
D. Consumer-owned, personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups, and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified under subdivisions 1, 2, and 4 of 2VAC5-585-1230.
E. Consumer-owned containers that are not food specific may be filled at a water vending machine or system.

2 Va. Admin. Code § 5-585-600

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Amended, Virginia Register Volume 32, Issue 22, eff. 7/12/2016.

Statutory Authority: § 3.2-5121 of the Code of Virginia.