Tenn. Comp. R. & Regs. 0080-04-09-.07 - POISONOUS OR TOXIC MATERIALS

(1) Labeling and Identification.

(a) Original Containers. Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label. Only those pesticides that have been registered with the EPA and with the Department shall be used. If the manufacturer's label is missing from a pesticide container, the container shall be identified with the manufacturer's product brand name, percentage of each active ingredient, and EPA registration number. (Pf)

(b) 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. (Pf)

(2) Operational Supplies and Applications.

(a) Storage. 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; (P) 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 part 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. (P)

(b) Presence and Use.

1. Restriction.

(i) 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.

(ii) Subpart (i) of this part does not apply to packaged poisonous or toxic materials that are for retail sale.

2. Conditions of Use. Poisonous or toxic materials shall be:

(i) Used according to:

(I) Law and this chapter,

(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, (P)

(III) The conditions of certification, if certification is required, for use of the pest control materials, (P) and

(IV) Additional conditions that may be established by the commissioner; and

(ii) Applied so that:

(I) A hazard to employees or other persons is not constituted, (P) 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: (P)

I. Removing the items, (P)

II. Covering the items with impermeable covers, (P) or

III. Taking other appropriate preventive actions, (P) and

IV. Cleaning and sanitizing equipment and utensils after the application. (P)

(iii) A general use or restricted use pesticide shall be applied only by an applicator certified as defined in 7 USC 136 Definitions, (e) Certified Applicator, of the Federal Insecticide, Fungicide, and Rodenticide Act and Tennessee Rule Chapter 0080-06-16 Regulations Governing the Use of Pesticides. (Pf)

(c) Container Prohibitions. Poisonous or Toxic Material Containers. A container previously used to store poisonous or toxic materials shall not be used to store, transport, or dispense food. Sanitizing solutions shall not be stored in or dispensed from containers previously containing other poisonous or toxic materials. (P)

(d) Chemicals.

1. Sanitizers, Criteria. Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements specified in 40 CFR 180.940 Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions). (P)

2. Chemicals for Washing, Treatment, Storage and Processing Fruits and Vegetables, Criteria.

(i) 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 peeling of fruits and vegetables. (P)

(ii) Ozone as an antimicrobial agent used in the treatment, storage, and processing of fruits and vegetables in a food establishment shall meet the requirements specified in 21 CFR 173.368 Ozone.

3. Boiler Water Additives, Criteria. Chemicals used as boiler water additives shall meet the requirements specified in 21 CFR 173.310 Boiler water additives. (P)

4. Drying Agents, Criteria. Drying agents used in conjunction with sanitization shall:

(i) 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, (P)

(II) Generally recognized as safe for the intended use as specified in 21 CFR 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe, (P)

(III) Approved for use as a drying agent under a prior sanction specified in 21 CFR 181 - Prior-Sanctioned Food Ingredients, (P)

(IV) Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 CFR Parts 175 178, (P) 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; (P) and

(ii) When sanitization is with chemicals, the approval required under item (i)(III) or (i)(V) of this part or the regulation as an indirect food additive required under item (i)(IV) of this part, shall be specifically for use with chemical sanitizing solutions. (P)

(e) Lubricants shall meet the requirements specified in 21 CFR 178.3570 Lubricants with incidental food contact, 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. (P)

(f) Pesticides.

1. Restricted use pesticides specified under 0080-04-09-.07(2)(b)2(iii) shall meet the requirements specified in 40 CFR 152 Subpart I - Classification of Pesticides. (P)

2. Rodent Bait Stations. Rodent bait shall be placed outside and contained in a covered, tamper-resistant bait station. (P)

3. Tracking Powders, Pest Control and Monitoring.

(i) Except as specified in subpart (ii) of this part, a tracking powder pesticide shall not be used in a food establishment. (P)

(ii) 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.

(g) Medicines.

1. Restriction and Storage.

(i) Except for medicines that are stored or displayed for retail sale, only those medicines that are necessary for the health of employees shall be allowed in a food establishment. (Pf)

(ii) Medicines that are in a food establishment for the employees' use shall be labeled as specified under 0080-04-09-.07(1)(a) and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles. (P)

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:

(i) Stored in a package or container and kept inside a covered, leakproof container that is identified as a container for the storage of medicines; (P) and

(ii) Located so they are inaccessible to children. (P)

(h) First aid supplies that are in a food establishment for the employees' use shall be:

1. Labeled as specified under 0080-04-09-.07(1)(a); (Pf) 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. (P)

(i) Other Personal Care Items. Except as specified under 0080-04-09-.07(2)(g)2 and 0080-04-09-.07(2)(h), employees shall store their personal care items in facilities as specified under 0080-04-09-.06(3)(e)2.

(3) Stock and Retail Sale.

Poisonous or toxic materials shall be stored and displayed for retail sale so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:

(a) Separating the poisonous or toxic materials by spacing or partitioning; (P) and

(b) Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles. (P)

Notes

Tenn. Comp. R. & Regs. 0080-04-09-.07

Original rule filed September 30, 1986; effective November 14, 1986. Amendment filed February 20, 2002; effective June 28, 2002. Amendment filed June 27, 2008; effective October 28, 2008. Repeal and new rule filed March 27, 2015; effective 6/25/2015.

Authority: T.C.A. § 53-8-204.