SECTION 310:257-5-36. 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

(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.

[Source: Added at 23 Ok Reg 2358, eff 6-25-06; Amended at 28 Ok Reg 2289, eff 11-1-11; Amended at 33 Ok Reg 1520, eff 9-11-16]