PART 7: POISONOUS OR TOXIC MATERIALS

Subpart A - Labeling and Identification

07100 Original containers--Identifying information, prominence (FDA Food Code 7-101.11).

Containers of POISONOUS OR TOXIC MATERIALS and PERSONAL CARE ITEMS must bear a legible

manufacturer's label.

07105 Working containers--Common name (FDA Food Code 7-102.11).

Working containers used for storing POISONOUS OR TOXIC MATERIALS such as cleaners and

SANITIZERS taken from bulk supplies must be clearly and individually identified with the

common name of the material.

Subpart B - Operational Supplies and Applications

07200 Storage--Separation (FDA Food Code 7-201.11).

POISONOUS OR TOXIC MATERIALS must be stored so they cannot contaminate FOOD, EQUIPMENT,

UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES by:

(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 or SINGLE-USE ARTICLES. This

subsection 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.

07205 Presence and use--Restriction (FDA Food Code 7-202.11).

(1) 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, may be allowed in a

FOOD ESTABLISHMENT.

(2) Subsection (1) of this section does not apply to PACKAGED POISONOUS OR TOXIC

MATERIALS that are for retail sale.

07210 Presence and use--Conditions of use (FDA Food Code 7-202.12).

POISONOUS OR TOXIC MATERIALS must be:

(1) Used according to:

1. LAW and 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 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 REGULATORY AUTHORITY; and

(2) Applied so that:

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:

3. Removing the items;

(ii) Covering the items with impermeable covers; or

(iii) Taking other appropriate preventative actions; and

(iv) Cleaning and SANITIZING EQUIPMENT and UTENSILS after the application.

Page 100 Washington State Retail Food Code

(3) A RESTRICTED USE PESTICIDE must be applied only by an applicator certified as defined

in 7 U.S.C. 136 Definitions, (e) Certified Applicator, of the Federal Insecticide,

Fungicide and Rodenticide Act, or a PERSON under the direct supervision of a certified

applicator.

07215 Container prohibitions--Poisonous or toxic material containers (FDA Food Code

7-203.11).

A container previously used to store POISONOUS OR TOXIC MATERIALS may not be used to store,

transport, or dispense FOOD.

07220 Chemicals--Sanitizers, criteria (FDA Food Code 7-204.11).

Chemical SANITIZERS, including chemical sanitizing solutions generated on-site, and other

chemical antimicrobials applied to FOOD-CONTACT SURFACES must:

(1) Meet the requirements specified in 40 C.F.R. 180.940 Tolerance exemptions for active

and inert ingredients for Use in Antimicrobial Formulations (food contact surface

sanitizing food contact surface sanitizing solutions); or

(2) Meet the requirements as specified in 40 C.F.R. 180.2020 Pesticide Chemicals Not

Requiring a Tolerance or Exemption from Tolerance Non-food Determinations.

07225 Chemicals--Chemicals for washing, treatment, storage, and processing fruits and

vegetables, criteria (FDA Food Code 7-204.12).

Chemicals, including those generated onsite, used to wash or peel raw, whole fruits and

vegetables or used in the treatment, storage, and processing of fruits and vegetables must:

(1) Be an APPROVED FOOD ADDITIVE listed for this intended use in 21 C.F.R. 173 -

Secondary Direct Food Additives Permitted in Food for Human Consumption; or

(2) Be generally recognized as safe (GRAS) for this intended use; or

(3) Be the subject of an effective food contact notification for this intended use (only

effective for the manufacturer or supplier identified in the notification); and

(4) Meet the requirements in 40 C.F.R. 156 Labeling Requirements for Pesticide and

Devices.

07230 Chemicals--Boiler water additives, criteria (FDA Food Code 7-204.13).

Chemicals used as boiler water ADDITIVES must meet the requirements specified in 21 C.F.R.

173.310 Boiler Water ADDITIVES.

07235 Chemicals--Drying agents, criteria (FDA Food Code 7-204.14).

Drying agents used in conjunction with SANITIZATION must:

(1) Contain only components that are listed as one of the following:

1. Generally recognized as safe for use in FOOD as specified in 21 C.F.R.

182 - Substances Generally Recognized as Safe (GRAS), or 21 C.F.R.

184 - Direct Food Substances Affirmed as Generally Recognized as Safe;

2. Generally recognized as safe (GRAS) for the intended use as specified in 21

C.F.R. 186 - Indirect Food Substances Affirmed as Generally Recognized as

Safe;

3. Generally recognized as safe (GRAS) 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 C.F.R. 170.30

- Eligibility for Classification as Generally Recognized as Safe (GRAS);

4. Subject of an effective Food Contact Notification as described in the Federal Food

Drug and Cosmetic Act (FFDCA) Section 409(h);

5. 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);

6. Specifically regulated as an indirect FOOD ADDITIVE for use as a drying agent as

specified in 21 C.F.R. Parts 174-178; or

Part 7: Poisonous and Toxic Materials Page 101

7. APPROVED for use as a drying agent under the threshold of regulation process

established by 21 C.F.R. 170.39 Threshold of Regulation For Substances Used In

Food-Contact Articles; and

(2) When SANITIZATION is with chemicals, the approval required under subsection (1)(e) or

1. of this section or the regulation as an indirect FOOD ADDITIVE required under

subsection (1)(f) of this section, must be specifically for use with chemical SANITIZING

solutions.

07240 Lubricants--Incidental food contact, criteria (FDA Food Code 7-205.11).

Lubricants must meet the requirements specified in 21 C.F.R. 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.

07245 Pesticides--Restricted use pesticides, criteria (FDA Food Code 7-206.11).

RESTRICTED USE PESTICIDES specified under 07210(3) must meet the requirements specified in

40 C.F.R. 152 Subpart I - Classification of Pesticides.

07250 Pesticides--Rodent bait stations (FDA Food Code 7-206.12).

Rodent bait must be contained in a covered, tamper-resistant bait station.

07255 Pesticides--Tracking powders, pest control and monitoring (FDA Food Code 7-206.13).

(1) Except as specified in subsection (2) of this section, a tracking powder pesticide may

not be used in a FOOD ESTABLISHMENT.

(2) 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.

07260 Medicines--Restriction and storage (FDA Food Code 7-207.11).

(1) Except for medicines that are stored or displayed for retail sale, only those medicines

that are necessary for the health of EMPLOYEES may be allowed in a FOOD

ESTABLISHMENT.

(2) Medicines that are in a FOOD ESTABLISHMENT for the EMPLOYEES' use must be labeled as

specified under 07100 and located to prevent the contamination of FOOD, EQUIPMENT,

UTENSILS, LINENS, and SINGLE-SERVICE AND SINGLE-USE ARTICLES.

07265 Medicines--Refrigerated medicines, storage (FDA Food Code 7-207.12).

Medicines belonging to EMPLOYEES or to children in a day care center that require refrigeration

and are stored in a FOOD refrigerator must 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.

07270 First-aid supplies--Storage (FDA Food Code 7-208.11).

First-aid supplies that are in a FOOD ESTABLISHMENT for the EMPLOYEES' use must be:

(1) Labeled as specified under 07100; and

(2) 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.

07275 Other personal care items--Storage (FDA Food Code 7-209.11).

Except as specified under 07265 and 07270, EMPLOYEES shall store their PERSONAL CARE

ITEMS in facilities as specified under 06350(2).

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Subpart C - Stock and Retail Sale

07300 Storage and display--Separation (FDA Food Code 7-301.11).

POISONOUS OR TOXIC MATERIALS must be stored and displayed for retail sale so they cannot

contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE AND SINGLE-USE

ARTICLES by:

(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 or SINGLE-USE ARTICLES.

Part 8: Compliance and Enforcement Page 103