Subchapter G. POISONOUS OR TOXIC MATERIALS

§ 46.1001. Poisonous or toxic substances: original containers to display identifying information.

 Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer’s label.

 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.

OPERATIONAL SUPPLIES AND APPLICATIONS

§ 46.1021. Poisonous or toxic substances: storage.

 Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens and single-service and single-use articles by taking both of the following measures:

   (1)  Separating the poisonous or toxic materials by spacing or partitioning.

 (a)  Limitation. Only those poisonous or toxic materials that are required for the operation and maintenance of a food facility, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in a food facility. This section does not apply to packaged poisonous or toxic materials that are for retail sale.

 (b)  Conditions of use. Poisonous or toxic materials shall be used in a lawful manner according to the following:

   (1)  Manufacturer’s use directions included in labeling, and, for a pesticide, manufacturer’s label instructions that state that use is allowed in a food facility.

   (2)  The conditions of certification, if certification is required, for use of the pest control materials.

   (3)  Additional conditions that may be approved by the Department.

 (c)  Conditions of application. Poisonous or toxic materials shall be applied so that the following are accurate:

   (1)  A hazard to employees or other persons is not constituted.

   (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 doing all of the following:

     (i)   Removing the items.

     (ii)   Covering the items with impermeable covers, or taking other appropriate preventive actions.

     (iii)   Cleaning and sanitizing equipment and utensils after the application.

 (d)  Applicator. A restricted use pesticide shall be applied only by an applicator certified in accordance with the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § §  111.21—111.61) or a person under the direct supervision of a certified applicator.

 (a)  Sanitizers. Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements specified in 21 CFR 178.1010 (relating to sanitizing solutions).

 (b)  Chemicals for washing fruits and vegetables. Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements specified in 21 CFR 173.315 (relating to chemicals used in washing or to assist in the peeling of fruits and vegetables).

 (c)  Boiler water additives. Chemicals used as boiler water additives shall meet the requirements specified in 21 CFR 173.310 (relating to boiler water additives).

 (d)  Drying agents.

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

     (i)   Generally recognized as safe for use in food as specified in 21 CFR 182 (relating to substances generally recognized as safe) or 21 CFR 184 (relating to direct food substances affirmed as generally recognized as safe).

     (ii)   Generally recognized as safe for the intended use as specified in 21 CFR 186 (relating to 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 (relating to 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.

     (v)   Approved for use as a drying agent under the threshold of regulation process established by 21 CFR 170.39 (relating to threshold of regulation for substances used in food-contact articles).

   (2)  When sanitization is with chemicals, the approval required in paragraph (1)(iii) or (v), or the regulation as an indirect food additive required in paragraph (1)(iv), shall be specifically for use with chemical sanitizing solutions.

 (a)  Restricted use pesticides: criteria. Restricted use pesticides specified in §  46.1022(d) (relating to poisonous or toxic substances: limitations on presence and use) shall meet the requirements of a restricted use pesticide as specified in §  128.2 (relating to definitions). This section requires restricted use pesticides be one of the following:

   (1)  Classified for restricted use under section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act of 1947 (7 U.S.C.A. §  136a(d)).

   (2)  A pesticide designated by the Secretary for restricted use under section 7(b)(6) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(6)).

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

 (c)  Tracking powders: pesticides and nontoxics. A tracking powder pesticide may not be used in a food facility. A nontoxic tracking powder (such as talcum or flour) may be used in a food facility if it will not contaminate food, equipment, utensils, linens and single-service and single-use articles.

 (a)  Limitation and storage.

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

   (2)  Medicines that are in a food facility for the employees’ use shall be labeled as specified in §  46.1001 (relating to poisonous or toxic substances: original containers to display identifying information) and located to prevent the contamination of food, equipment, utensils, linens and single-service and single-use articles.

 (b)  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 in compliance with the following:

   (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.

   (2)  Located so they are inaccessible to children.

 First aid supplies that are in a food facility for the employees’ use shall be both of the following:

   (1)  Labeled as specified in §  46.1001 (relating to poisonous or toxic substances: original containers to display identifying information).

   (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.

 Except as specified in § §  46.1027(b) and 46.1028 (relating to medicines; and first aid supplies: storage), employees shall store their personal care items in facilities as specified in §  46.945(b) (relating to requirement and designation of dressing areas and storage areas).

STOCK AND RETAIL SALE

§ 46.1041. Storage and display: separation of poisonous or toxic materials from food.

 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 one or both of the following:

   (1)  Separating the poisonous or toxic materials by spacing or partitioning.

   (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.