NYC Rules of the City of New York

§ 81.46 — Refillable, Returnable Containers.

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What is NYC RCNY § 81.46?

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(a) Beverage containers. Employees or consumers may refill consumers' personal take-out beverage containers (such as thermally insulated bottles, non-spill coffee cups, and promotional beverage containers) with beverages that are not potentially hazardous foods, provided that beverages are dispensed in a manner that pr

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Effective: 8/8/2015

§ 81.46 Refillable, Returnable Containers.

RCNY § 81.46

(a)Beverage containers. Employees or consumers may refill consumers' personal take-out beverage containers (such as thermally insulated bottles, non-spill coffee cups, and promotional beverage containers) with beverages that are not potentially hazardous foods, provided that beverages are dispensed in a manner that prevents contact with, or contamination of, the food contact surfaces of the beverage dispensing equipment.

(b)Other containers. An establishment providing consumers with returnable containers must wash and sanitize all such containers before reuse in accordance with 24 RCNY Health Code § 81.29. An establishment that does not wash and sanitize patrons' containers before reuse must obtain Department approval of a written standard operating procedure that demonstrates that there is no contamination of food and/or food contact surfaces. Such procedure must be maintained on the premises and made available at the time of Department inspection.

(c)Container materials. Reusable containers that will be washed and sanitized must be made of food grade materials resistant under normal conditions of use to scratching, scoring, decomposition, crazing, chipping and distortion, and of sufficient weight and thickness to be washed and sanitized in accordance with 24 RCNY Health Code § 81.29. (Added City Record 7/9/2015, eff. 8/8/2015)

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