Section 3-304.17 - Refilling Returnables(A) Except as specified in ¶¶ (B)- (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 Part 4-1 and 4-2; 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 Part 4-6 of this Code,(b)Sanitized as specified under Part 4-7 of this Code; P(c)Visually inspected by a FOOD EMPLOYEE to verify that the container, as returned, meets the requirements specified under Part 4-1 and 4-2; P and(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)The CONSUMER-owned container returned to the FOOD ESTABLISHMENT for refilling is refilled for sale or service only to the same CONSUMER; and(4)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 ¶¶ 4-204.13(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, and promotional BEVERAGE glasses, may be refilled by EMPLOYEES or the CONSUMER if refilling is a contamination-free process as specified under ¶¶ 4-204.13(A), (B), and (D).(E)CONSUMER-owned containers that are not FOOD-specific may be filled at a water VENDING MACHINE or system.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § 3-304.17
Adopted by,Register April 2015 No. 712, eff.5/1/2015.Amended by, Register August 2016 No. 728, eff. 9/1/2016.Adopted by, Register July 2020 No. 775, eff. 8/1/2020