Poisonous or Toxic Materials
§229.168 Poisonous or Toxic Materials.
(a) Original containers, identifying information, prominence.
Containers of poisonous toxic materials and personal care items shall bear a legible manufacturer's label.
(b) Working containers, common name.
Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material.
(c) Storage, separation.
Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service 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, and single-service 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, and single-service and single-use articles.
(d) Presence and use.
(1) Restriction.
(A) Only those poisonous or toxic materials that are required for the operation and maintenance of a food establishment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in a food establishment.
(B) Subparagraph (A) of this paragraph does not apply to packaged poisonous or toxic materials that are for retail sale.
(2) Conditions of use. Poisonous or toxic materials shall be:
(A) used according to:
(i) law and these rules;
(ii) manufacturer's use directions included in labeling, and, for a pesticide, manufacturer?s label instructions that state that use is allowed in a food establishment;
(iii) the conditions of certification, if certification is required, for use of the pest control materials; and
(iv) additional conditions that may be established by the regulatory authority; and
(B) applied so that:
(i) a hazard to employees or other persons is not constituted; and
(ii) contamination including toxic residues due to drip, drain, fog, splash or spray on food, equipment, utensils, linens, and single-service 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;
(III) taking other appropriate preventive actions; and
(IV) cleaning and sanitizing equipment and utensils after the application; and
(C) for restricted use pesticides, applied only by an applicator certified as defined in 7 USC 136(e), Certified Applicator, of the Federal Insecticide, Fungicide and Rodenticide Act, or a person under the direct supervision of a certified applicator.
(e) Container prohibitions, poisonous or toxic material containers.
A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food. A food container may not be used to store, transport, or dispense poisonous or toxic materials.
(f) Chemicals.
(1) Sanitizers, criteria. Chemical sanitizers and other chemical antimicrobials applied to food contact surfaces shall meet the requirements specified in 21 CFR 178.1010, Sanitizing Solutions.
(2) Chemicals for washing fruits and vegetables, criteria. Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements specified in 21 CFR 173.315, Chemicals used in washing or to assist in the lye peeling of fruits and vegetables.
(3) Boiler water additives, criteria. Chemicals used as boiler water additives shall meet the requirements specified in 21 CFR 173.310, Boiler Water Additives.
(4) Drying agents, criteria. Drying agents used in conjunction with sanitization shall:
(A) contain only components that are listed as one of the following:
(i) generally recognized as safe for use in food as specified in 21 CFR 182 - Substances Generally Recognized as Safe, or 21 CFR 184 - Direct Food Substances Affirmed as Generally Recognized as Safe;
(ii) generally recognized as safe for the intended use as specified in 21 CFR 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe;
(iii) approved for use as a drying agent under a prior sanction specified in 21 CFR 181 - Prior-Sanctioned Food Ingredients;
(iv) specifically regulated as an indirect food additive for use as a drying agent as specified in 21 CFR Parts 175-178; or
(v) approved for use as a drying agent under the threshold of regulation process established by 21 CFR 170.39, Threshold of regulation for substances used in food-contact articles; and
(B) when sanitization is with chemicals, the approval required in subparagraph
(A)(iii) or (v) of this paragraph or the regulation as an indirect food additive required in subparagraph
(A)(iv) of this paragraph, shall be specifically for use with chemical sanitizing solutions.
(g) Lubricants, incidental food contact, criteria.
Lubricants shall meet the requirements specified in 21 CFR 178.3570, Lubricants with incidental food contact, if they are used on foodcontact 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 foodcontact
surfaces.
(h) Pesticides.
(1) Restricted use pesticides, criteria. Restricted use pesticides as specified in subsection (d)(2)(C) of this section shall be listed by the U.S. Environmental Protection Agency (EPA) as meeting the requirements specified in 40 CFR 152 Subpart l, Classification of Pesticides.
(2) Rodent bait stations. Rodent bait shall be contained in a covered, tamper-resistant bait station.
(3) Tracking powders, pest control and monitoring.
(A) A tracking powder pesticide may not be used in a food establishment.
(B) If used, a nontoxic tracking powder such as talcum or flour may not contaminate food, equipment, utensils, linens, and single-service and single-use articles.
(i) Medicines.
(1) Restriction and storage.
(A) Only those medicines that are necessary for the health of employees shall be allowed in a food establishment. This section does not apply to medicines that are stored or displayed for retail sale.
(B) Medicines that are in a food establishment for the employees? use shall be labeled as specified under subsection (a) of this section and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles.
(2) Refrigerated medicines, storage. Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall be:
(A) 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
(B) located so that they are inaccessible to children.
(j) First aid supplies, storage.
First aid supplies that are in a food establishment for the employees? use shall be:
(1) labeled as specified under subsection (a) of this section; and
(2) stored in a kit or a container that is located to prevent the contamination of food, equipment, utensils, and linens, and single-service and single-use articles.
(k) Other personal care items, storage.
Except as specified in subsections (i)(2) and (j) of this section, employees shall store their other personal care items as specified under §229.167(i)(2) of this title (relating to Physical Facilities).
(l) Storage and display, separation.
Poisonous or toxic materials shall be stored and displayed for retail sale so they cannot contaminate food, equipment, utensils, linens, and singleservice 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, and single-service or single-use articles.