N.J. Admin. Code § 8:24-7.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:24-7.2 - Operational supplies and applications

(a) Poisonous or toxic materials shall be stored in the following manner so that they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles:

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 and 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.

(b) Only those poisonous or toxic materials that are required for the operation and maintenance of a retail 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 retail food establishment; except that this subsection does not apply to packaged poisonous or toxic materials that are for retail sale.

(c) Poisonous or toxic materials shall be used according to the following:

1. This chapter;

2. Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in a retail food establishment;

3. The conditions of certification, if certification is required, for use of the pest control materials; and

4. Additional conditions that may be established by the health authority.

(d) A restricted-use pesticide shall be applied only by an applicator certified, as defined in 7 U.S.C. § 136(e), Certified Applicator, of the Federal Insecticide, Fungicide and Rodenticide Act, or a person under the direct supervision of a certified applicator and only if the following requirements are met:

1. A hazard to employees or other persons is not constituted; and

2. 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 taking the following actions prior to application of the restricted-use pesticide and cleaning and sanitizing equipment and utensils after the application of the restricted-use pesticide:

i. Removing the items;

ii. Covering the items with impermeable covers; or

iii. Taking other appropriate preventive actions.

(e) A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food.

(f) Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements specified in Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations, 40 CFR § 180.940.

(g) Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements specified in Chemicals used in washing or to assist in the peeling of fruits and vegetables, 21 CFR § 173.315, incorporated herein by reference, as amended and supplemented.

(h) Chemicals used as boiler water additives shall meet the requirements specified in Boiler Water Additives, 21 CFR § 173.310, incorporated herein by reference, as amended and supplemented.

(i) Drying agents used in conjunction with sanitization shall contain only components that are listed as one of the following:

1. Generally recognized as safe for use in food as specified in Substances Generally Recognized as Safe, 21 CFR Part 182, or Direct Food Substances Affirmed as Generally Recognized as Safe, 21 CFR Part 184;

2. Generally recognized as safe for the intended use as specified in Indirect Food Substances Affirmed as Generally Recognized as Safe, 21 CFR Part 186;

3. Approved for use as a drying agent under a prior sanction specified in Prior-Sanctioned Food Ingredients, 21 CFR Part 181, incorporated herein by reference, as amended and supplemented;

4. Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 CFR Parts 175 through 178, incorporated herein by reference, as amended and supplemented; or

5. Approved for use as a drying agent under the threshold of regulation process established by Threshold of Regulation for Substances Used in Food-contact Articles, 21 CFR § 170.39.

(j) When sanitization is with chemicals, the approval required under (i)3 or 5 above or the regulation as an indirect food additive required under (i)4 above, shall be specifically for use with chemical sanitizing solutions.

(k) Lubricants shall meet the requirements specified in Lubricants with Incidental Food Contact, 21 CFR § 178.3570, incorporated herein by reference, as amended and supplemented, 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.

(l) Restricted-use pesticides specified under (d) above shall meet the requirements specified in Classification of Pesticides, 40 CFR Part 152, Subpart I, incorporated herein by reference, as amended and supplemented.

(m) Rodent bait shall be contained in a covered, tamper-resistant bait station.

(n) A tracking powder pesticide may not be used in a retail food establishment. If used, a nontoxic tracking powder such as talcum or flour may not contaminate food, equipment, utensils, linens, and single-service and single-use.

(o) The following applies to the restriction and storage of medicine:

1. Only those medicines that are necessary for the health of employees shall be allowed in a retail food establishment. This paragraph does not apply to medicines that are stored or displayed for retail sale.

2. Medicines that are in a retail food establishment for the employees' use shall be labeled as specified under 8:24-7.1(a) and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles.

(p) Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall 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.

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

1. Labeled as specified under 8:24-7.1(a); and

2. Stored in a kit or a container that is located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles.

(r) Except as specified under (p) and (q) above, employees shall store their personal care items in facilities as specified under 8:24-6.3(c)2.

N.J. Admin. Code § 8:24-7.2