[Comment: For publication dates of the C.F.R. referenced in
this rule, see paragraph (B)(15)(b) of rule
3717-1-01 of the Administrative
Code.]
(A) Storage: separation.
Poisonous or toxic materials shall
are to be stored
so they cannot contaminate food, equipment, utensils, linens, single-service
articles, 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, single-service
articles, 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, single- service articles,
and single-use articles.
(B) Restriction.
Except for packaged poisonous or toxic
materials that are for retail sale,
Only
only those
poisonous or toxic materials that are required
necessary for
the operation and maintenance of a food service operation or retail food
establishment, such as for cleaning and sanitizing equipment and utensils,
licensed application for controlling insects and rodents, or for using as an
incidental use pesticide as defined in paragraph (C)(3) of this rule,
shall
are to
be allowed in a food service operation or retail food establishment.
This paragraph does not apply to packaged poisonous
or toxic materials that are for retail sale.
(C) Conditions of use.
Poisonous or toxic materials shall
are to
be:
(1) Used according to:
(a) Law and this chapter;
(b) Manufacturer's use directions included in
labeling, and, for a pesticide, manufacturer's label instructions that state
that use is allowed in a food service operation, retail food establishment, or
food handling or processing areas;
(c) The conditions of licensing, if licensing
is required
needed, for use of the pest control materials;
and
(d) Additional conditions that
may be established by the regulatory authority; 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, single-service articles, 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 general use pesticide, other
than for incidental use, or a restricted use pesticide
shall
is to be
applied only by a commercial applicator licensed as specified under section
921.06 of the Revised Code, or a
trained service person under the direct supervision of the commercial
applicator. "Incidental use" means the application of a general use pesticide
on an occasional, isolated, site-specific basis in order to avoid immediate
personal harm. "Incidental use" does not mean regular, routine, or maintenance
application of a general use pesticide.
(D) Poisonous or toxic material containers.
A container previously used to store poisonous or toxic
materials shall not
cannot be used to store, transport, or dispense
food, equipment, utensils, linens, or single- service
or single-use articles.
(E) Sanitizers - criteria.
Chemical sanitizers, including chemical sanitizing solutions
generated on-site, and other chemical antimicrobials applied to food-contact
surfaces shall
are
to:
(1) Meet the requirements
specified in 40 C.F.R.
180.940; or
(2) Meet the requirements specified in
40 C.F.R.
180.2020.
(F) Chemicals for washing, treatment, storage
and processing fruits and vegetables - criteria.
Chemicals, including those generated
on-site, used to wash or peel raw, whole fruits and vegetables, or used in the
treatment, storage, and processing of fruits and vegetables are
to:
(1)
Be an approved food additive listed for this intended use in
21 C.F.R. 173; or
(2)
Be generally recognized as safe for this intended use;
or
(3)
Be the subject of an effective food contact
notification for this intended use (only effective for the manufacturer or
supplier identified in the notification); and
(4)
Meet the
requirements in 40 C.F.R. 156.
(1) Chemicals, including those
generated on-site, used to wash or peel raw, whole fruits and vegetables
shall:
(a) Be an approved food additive
listed for this intended use in 21 C.F.R. 173; or
(b) Be generally recognized as safe
for this intended use; or
(c) Be the subject of an effective
food contact notification for this intended use (only effective for the
manufacturer or supplier identified in the notification); and
(d) Meet the requirements in 40
C.F.R. 156.
(2) Ozone as an antimicrobial agent
used in the treatment, storage, and processing of fruits and vegetables in a
food service operation or retail food establishment shall meet the requirements
specified in 21 C.F.R. 173.368.
(G) Boiler water additives, criteria.
Chemicals used as boiler water additives
shall
are to
meet the requirements specified in
21 C.F.R.
173.310.
(H) Drying agents - criteria.
Drying agents used in conjunction with sanitization
shall
are
to:
(1) Contain only components
that are listed as one of the following:
(a)
Generally recognized as safe for use in food as specified in
21 C.F.R. 182, or
21 C.F.R. 184;
(b) Generally
recognized as safe for the intended use as specified in 21 C.F.R.
186
;
(c) Generally recognized as safe
for the intended use as determined by experts qualified in scientific training
and experience to evaluate the safety of substances added, directly or
indirectly, to food as described in
21 C.F.R.
170.30;
(d) Subject of an effective "Food Contact
Notification" as described in section 409(h) of the Federal Food, Drug, and
Cosmetic Act (FFDCA), Pub. L.
75-717, 52 Stat.
1040 (as amended August 14,
2018), 21 U.S.C.
348(h);
(e) Approved for use as a drying agent under
a prior sanction as described in section 201(s)(4) of the Federal Food, Drug,
and Cosmetic Act (FFDCA), Pub. L.
75-717, 52 Stat.
1040 (as amended August 14,
2018), 21 U.S.C.
321(s)(4);
(f) Specifically regulated as an indirect
food additive for use as a drying agent as specified in 21 C.F.R.
174-
178;
or
(g) Approved for use as a drying
agent under the threshold of regulation process established by
21 C.F.R.
170.39; and
(2) When sanitization is with chemicals, the
approval required
as
specified under paragraph (H)(1)(e) or (H)(1)(g) of this rule or the
regulation as an indirect food additive required
as specified
under paragraph (H)(1)(f) of this rule, shall
is to be
specifically for use with chemical sanitizing solutions.
(I) Lubricants - incidental food contact,
criteria.
Lubricants shall
are to meet the requirements specified in
21 C.F.R.
178.3570 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.
(J) Restricted use pesticides - criteria.
Restricted use pesticides shall
are to meet the
requirements specified in 40 C.F.R. 152 Subpart I and be applied as specified
under paragraph (C)(3) of this rule.
(K) Rodent bait stations.
Rodent bait shall
is to be contained in a covered, tamper-resistant bait
station.
(L) Tracking
powders, pest control
, and monitoring.
(1) Except as specified in paragraph (L)(2)
of this rule, a tracking powder pesticide may
not
cannot be used in a food service
operation or retail food establishment.
(2) If used, a nontoxic tracking powder such
as talcum or flour may not
cannot contaminate food, equipment, utensils, linens,
and single-service and single- use articles.
(M) Medicines - restrictions and storage.
(1)
Except for
medicines that are stored or displayed for retail sale,
Only
only
those medicines that are necessary for the health of employees
shall
are to
be allowed in a food service operation or retail food establishment.
This paragraph does not apply to medicines that are
stored or displayed for retail sale.
(2) Medicines that are in a food service
operation or retail food establishment for the employees' use
shall
are to
be labeled as specified under paragraph (A) of rule
3717-1-07 of the Administrative
Code and located to prevent the contamination of food, equipment, utensils,
linens, single-service articles, and single-use articles.
(N) Refrigerated medicines - storage.
Medicines belonging to employees or to children in a day care
center that require
need refrigeration and are stored in a food
refrigerator shall
are to 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.
(O) First aid supplies - storage.
First aid supplies that are in a food service operation or
retail food establishment for the employees' use shall
are to
be:
(1) Labeled as specified under
paragraph (A) of rule
3717-1-07 of the Administrative
Code; and
(2) Stored in a kit or a
container that is located to prevent the contamination of food, equipment,
utensils, linens, single-service articles, and single-use articles.
(P) Other personal care items -
storage.
Except as specified under paragraphs (N) and (O) of this rule,
employees shall
are
to store their personal care items in facilities as specified under
paragraph (K)(2) of rule
3717-1-06.2 of the
Administrative Code.
