410 IAC 7-26-188 Refilling returnables

Sec. 188. (a) Except as specified in subsections (b) through (e), empty containers returned to a retail food establishment for cleaning and refilling with food must be cleaned and refilled in a regulated food processing plant. (b) A take-home food container returned to a retail food establishment may be refilled with food if the container is: (1) designed and constructed for reuse and in accordance with the requirements specified under sections 226 through 272 of this rule; (2) one that was initially provided by the retail food establishment to the consumer, either empty or filled with food by the establishment, for the purpose of being returned for reuse; (3) returned to the retail food establishment by the consumer after use; and (4) subject to the following steps before being refilled with food: (A) Cleaned as specified under sections 306 through 315 of this rule. (B) Sanitized as specified under sections 316 through 318 of this rule. (C) Visually inspected by a food employee to verify that the container, as returned, is in good condition and meets the requirements specified under sections 226 through 272 of this rule. (c) A take-home food container returned to a retail food establishment may be refilled at the establishment with a beverage if: (1) the beverage is not a TCS food; (2) the design of the container and rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the 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 retail 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 establishment; or (B) the owner of the container if the beverage system includes a contamination-free transfer process as specified under section 251(a)(1), 251(a)(2), and 251(a)(4) of this rule that cannot be bypassed by the container owner. (d) Consumer owned, personal take-out beverage containers, such as: (1) thermally insulated bottles; (2) nonspill coffee cups; and (3) promotional beverage glasses; may be refilled by employees or the consumer if refilling is a contamination-free process as specified under section 251(a)(1), 251(a)(2), and 251(a)(4) of this rule. (e) Consumer owned containers that are not food-specific may be filled at a water vending machine or system. (f) For purposes of this section, a violation of subsection (a), (b)(1), (b)(4)(B), or (b)(4)(C) is a P item.