HAR §11-50-81. Operational supplies and applications

(a) Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by: (1) Separating the poisonous or toxic materials by spacing or partitioning; and (2) Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles. This paragraph does not apply to equipment and utensil cleaners and sanitizers that are stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles. (b) Presence and use, restriction. (1) Only those poisonous or toxic materials that are required for the operation and maintenance of a food establishment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in a food establishment; (2) Paragraph (1) does not apply to packaged poisonous or toxic materials that are for retail sale. (c) Poisonous or toxic materials shall be: (1) Used according to: (A) This chapter and law; (B) Manufacturer's use directions included in labeling, and, for a pesticide, 50-166 §11-50-81 manufacturer's label instructions that state that use is allowed in a food establishment; (C) The conditions of certification, if certification is required, for use of the pest control materials; and (D) Additional conditions that may be established by the director; and (2) Applied so that: (A) A hazard to employees or other persons is not constituted; and (B) Contamination including toxic residues due to drip, drain, fog, splash, or spray on food, equipment, utensils, linens, and single-service and single-use articles is prevented, and for a restricted use pesticide, this is achieved by: (i) Removing the items; (ii) Covering the items with impermeable covers; or (iii) Taking other appropriate preventive actions; and (iv) Cleaning and sanitizing equipment and utensils after the application; (3) A restricted use pesticide shall be applied only by a licensed pest control operator, or a person under the direct supervision of a licensed pest control operator. (d) A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food, equipment, utensils, linens, single-service or single-use articles. (e) Lubricants shall meet the requirements specified in 21 CFR 178.3570, entitled "Lubricants with incidental food contactll, if they are used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into food or onto food-contact surfaces. (f) Rodent bait shall be contained in a covered, tamper-resistant bait station. (g) Tracking powders, pest control monitoring. (1) Except as specified in paragraph (2), a tracking powder pesticide may not be used in a food establishment; 50-167 §11-50-81 (2) If used, a nontoxic tracking powder such as talcum or flour may not contaminate food, equipment, utensils, linens, and single-service and single-use articles. (h) Medicines, restriction and storage. (1) Except for medicines that are stored or displayed for retail sale, only those medicines that are necessary for the health of employees shall be allowed in a food establishment; (2) Medicines that are in a food establishment for the employees' use shall be labeled as specified in 11-50- S0(a) and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single- use articles. (i) Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall be: (1) Stored in a package or container and kept inside a covered, leakproof container that is identified as a container for the storage of medicines; and (2) Located so they are inaccessible to children. (j) First aid supplies that are in a food establishment for the employees' use shall be: (1) Labeled as specified in section 11-50-S0(a); and (2) Stored in a kit or a container that is located to prevent the contamination of food, equipment, utensils, and linens, and single-service and single-use articles. (k) Other personal care items, storage. Except as specified under subsections (i) and (j), employees shall store their personal care items in facilities as specified inAR~ii°lozS-1-50-72 (j) (2). [Eff 2/24/2014; am and comp UlJ ] (Auth: HRS §321-11) (Imp: HRS §321-11)