Rule 40-7-1-.36 - Poisonous or Toxic Materials: Operational Supplies and Applications(1)Separation. POISONOUS OR TOXIC MATERIALS shall be stored 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. 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.P(2)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.Pf(b)Paragraph (a) of this section does not apply to PACKAGED POISONOUS OR TOXIC MATERIALS that are for retail sale.(3)Conditions of Use. POISONOUS OR TOXIC MATERIALS shall be: (a) Used according to: 1. LAW and these Regulations,2. 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,P3. The conditions of certification, if certification is required, for use of the pest control materials,P and4. Additional conditions that may be established by the DEPARTMENT; and(b) Applied so that: 1. A HAZARD to EMPLOYEES or other PERSONS is not constituted,P and2. 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(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(c) A 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, or a PERSON under the direct supervision of a certified applicator.Pf(4)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.P(5)Sanitizers, Criteria. Chemical SANITIZERS, including chemical sanitizing solutions generated on-site, and other chemical antimicrobials applied to FOOD-CONTACT SURFACEs shall: (a) 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 or(b) Meet the requirements as specified in 40 CFR 180.2020 Pesticide Chemicals Not Requiring a Tolerance or Exemption from Tolerance-Non-food determinations.P(6)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 shall:(a) Be an APPROVED FOOD ADDITIVE listed for this intended use in 21 CFR 173 ,P or(b) Be generally recognized as safe (GRAS) for this intended use,P 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,P and(d) Meet the requirements in 40 CFR 156 Labeling Requirements for Pesticide and Devices.P(7)Boiler Water Additives, Criteria. Chemicals used as boiler water ADDITIVES shall meet the requirements specified in 21 CFR 173.310 Boiler water additives.P(8)Drying Agents, Criteria. Drying agents used in conjunction with SANITIZATION shall: (a) Contain only components that are listed as one of the following:1. 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,P2. Generally recognized as safe for the intended use as specified in 21 CFR 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe,P3. 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 CFR 170.30 Eligibility for classification as generally recognized as safe (GRAS),P4. Subject of an effective Food Contact Notification as described in the Federal Food Drug and Cosmetic Act (FFDCA) Section 409(h),P5. APPROVED for use as a drying agent under a prior sanction as described in the Federal Food Drug and Cosmetic Act (FFDCA) § 201(s)(4);P6. Specifically regulated as an indirect FOOD ADDITIVE for use as a drying agent as specified in 21 CFR Parts 174-178,P or7. 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(b) When SANITIZATION is with chemicals, the approval required under Subparagraph (a)5 or (a)7 of this section or the regulation as an indirect FOOD ADDITIVE required under Subparagraph (a)6 of this section, shall be specifically for use with chemical SANITIZING solutions.P(9)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 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(10)Restricted Use Pesticides, Criteria. RESTRICTED USE PESTICIDES specified under 40-7-1-.36(3)(c) shall meet the requirements specified in 40 CFR 152 Subpart I - Classification of Pesticides.P(11)Rodent Bait Stations. Rodent bait shall be contained in a covered, tamper-resistant bait station.P(12)Tracking Powders, Pest Control and Monitoring.(a) Except as specified in (b) of this section, a tracking powder pesticide may not be used in a FOOD ESTABLISHMENT.P(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.(13)Restriction and Storage.(a)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(b) Medicines that are in a FOOD ESTABLISHMENT for the EMPLOYEES' use shall be labeled as specified under 40-7-1-.35(1) and located to prevent the contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.P(14)Refrigerated Medicines, Storage. Medicines belonging to EMPLOYEES that require refrigeration and are stored in a FOOD refrigerator shall be 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(15)Storage - First Aid Supplies. First aid supplies that are in a FOOD ESTABLISHMENT for the EMPLOYEES' use shall be:(a) Labeled as specified under 40-7-1-.35(1);Pf and(b) 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(16)Storage - Other Personal Care Items. Except as specified under 40-7-1-.36(14) and 40-7-1-.36(15), EMPLOYEES shall store their PERSONAL CARE ITEMS in facilities as specified under 40-7-1-.32(11)(b).Ga. Comp. R. & Regs. R. 40-7-1-.36
O.C.G.A. §§ 26-2-1, et seq.
Original Rule entitled "Installation of Equipment" adopted. F. Apr. 30, 1996; eff. May 20, 1996.Amended: F. Oct. 29, 2003; eff. Nov. 28, 2003, as specified by the Agency.Repealed: New Rule entitled "Poisonous or Toxic Materials: Operational Supplies and Applications" adopted. F. Sep. 11, 2015; eff. Oct. 1, 2015.Amended: F. Sep. 27, 2019; eff. Oct. 17, 2019.