Section 410IAC7-24-248. Returnables; cleaning for refilling

   (a) Except as specified in this section, returned empty containers intended for cleaning and refilling with food shall be cleaned and refilled in a regulated food processing plant.

  (b) Food containers for beverages may be refilled at a retail food establishment if:

(1) only a beverage that is not a potentially hazardous food is used as specified under section 247(a) of this rule;

(2) the design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow for effective cleaning;

(3) the consumer-owned container returned to the retail food establishment for refilling is refilled for sale or service only to the same consumer; and

(4) the container is refilled by:

(A) an employee of the retail food establishment; or

(B) the owner of the container if the beverage system includes a contamination-free transfer process that cannot be bypassed by the container owner.

  (c) Consumer-owned containers that are not food-specific may be filled at a water vending machine or system.

  (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a critical item. (Indiana State Department of Health; 410 IAC 7-24-248; filed Oct 13, 2004, 12:30 p.m.: 28 IR 870; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)