Refilling returnables

(a) Except as provided in paragraphs (b) through (e) of this section, empty containers which are returned for refilling to a food establishment, shall be cleaned and refilled in the 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 310:257-7-49; (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; (3) Returned to the food establishment by the consumer after use; (4) Subject to the following steps prior to being refilled with food: (A) Cleaned as specified under OAC 310:257-7-82 through 310:257-7-95; (B) Sanitized as specified under OAC 310:257-7-93 through 310:257-7-95; and OAC 310:257 OKLAHOMA STATE DEPARTMENT OF HEALTH Page | 46 (C) Visually inspected by a food employee to verify that the container, as returned, meets the requirements specified under OAC 310:257-7-1 through 310:257-7-49; (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.