WAC 246-215-03348. Preventing contamination from equipment, utensils, and linens — Refilling returnables (FDA Food Code 3-304.17)

(1) Except as specified in subsections (2) through (6) 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 . (2) A take-home food container returned to a food establishment may be refilled at a food establishment with food if the food container is: (a) Designed and constructed for reuse and in accordance with the requirements specified in Part 4, Subparts A and B of this chapter; (b) 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; (c) Returned to the food establishment by the consumer after use; (d) Subject to the following steps before being refilled with food : (i) Cleaned as specified under Part 4, Subpart F of this chapter; (ii) Sanitized as specified under Part 4, Subpart G of this chapter; and (iii) Visually inspected by a food employee to verify that the container, as returned, meets the requirements specified under Part 4, Subparts A and B of this chapter. (3) A take-home food container returned to a food establishment may be refilled at a food establishment with a beverage if: (a) The beverage is not a time/temperature control for safety food ; (b) 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 ; (c) 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; (d) The consumer -owned container returned to the food establishment for refilling is refilled for sale or service only to the same consumer ; and (e) The container is refilled by: (i) An employee of the food establishment ; or (ii) The owner of the container if the beverage system includes a contamination-free transfer process as specified under WAC 246-215-04230 (1), (2), and (4) that cannot be bypassed by the container owner. (4) Consumer-owned multiuse beverage containers may be refilled, including time/temperature control for safety food beverages, by employees or the consumer if refilling is a contamination-free process as specified in WAC 246-215-04230 (1), (2), and (4). (5) consumer -owned containers that are not food -specific may be filled at a water vending machine or system. (6) A food establishment under an approved plan may allow consumers to: (a) Refill a visibly clean consumer -owned container with non ready-to-eat food , bulk food , and packaged food ; (b) Refill a visibly clean consumer -owned container with ready-to-eat food when dispensed from equipment, such as a gravity-flow unit, meeting standards for liquid food and ice in WAC 246-215-04230 ; and (c) Request a food employee of the food establishment to refill a visually clean consumer -owned container with food using a contamination-free process.