(a) Food contact with equipment and utensils.*

1. (1) Food shall only contact surfaces of:

   1. (A) Equipment and utensils that are cleaned as specified under 20 CAR § 193-601 et seq., and sanitized as specified under 20 CAR § 193-701 et seq.; ^P or
   2. (B) Single-service and single-use articles. ^P
2. (2) Linens, such as cloth napkins, as specified under subsection (c) of this section that are laundered as specified under 20 CAR § 193-801 et seq.

(b) In-use utensils — Between-use storage. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

1. (1) Except as specified under subdivision (b)(2) of this section, in the food with their handles above the top of the food and the container;
2. (2) In food that is not time/temperature control for safety food with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;
3. (3) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under 20 CAR § 193-602(a) and 20 CAR § 193-702;
4. (4) In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;
5. (5) In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not time/temperature control for safety food; or
6. (6) In a container of water if the water is maintained at a temperature of at least fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) and the container is cleaned at a frequency specified under 20 CAR § 193-602(a)(4)(G).

(d) Wiping cloths — Use limitation.

1. (1) Cloths in-use for wiping food spills from tableware and carry-out containers that occur as food is being served shall be:

   1. (A) Maintained dry; and
   2. (B) Used for no other purpose.

2. (2) Cloths in-use for wiping counters and other equipment surfaces shall be:

   1. (A) Held between uses in a chemical sanitizer solution at a concentration specified under 20 CAR § 193-501(n); and
   2. (B) Laundered daily as specified under 20 CAR § 193-802(d).
3. (3) Cloths in-use for wiping surfaces in contact with raw animal foods shall be kept separate from cloths used for other purposes.
4. (4) Dry wiping cloths and the chemical sanitizing solutions specified in subdivision (d)(2)(A) of this section in which wet wiping cloths are held between uses shall be free of food debris and visible soil.
5. (5) Containers of chemical sanitizing solutions specified in subdivision (d)(2)(A) of this section in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service articles, or single-use articles.
6. (6) Single-use disposable sanitizer wipes shall be used in accordance with Environmental Protection Agency-approved manufacturer's label use instructions.

(e) Gloves — Use limitation.

1. (1) If used, single-use gloves shall be used for only one (1) task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation. ^P
2. (2) Except as specified in subdivision (e)(3) of this section, slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified under 20 CAR § 192-401 et seq., such as frozen food or a primal cut of meat.
3. (3) Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface, or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.
4. (4) Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required under 20 CAR § 192-401 et seq., such as frozen food or a primal cut of meat.

(f) Using clean tableware for second portions and refills.

1. (1) Except for refilling a consumer’s drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees may not use tableware, including single-service articles, soiled by the consumer, to provide second portions or refills.
2. (2) Except as specified in subdivision (f)(3) of this section, self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.
3. (3) Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified under 20 CAR § 193-204(c)(1), (2), and (3).

(g) Refilling returnables.

1. (1) Except as specified in subdivisions (g)(2) – (5) of this section, empty containers returned to a retail food establishment for cleaning and refilling with food shall be cleaned and refilled in a regulated food processing plant. ^P

2. (2) A take-home food container returned to a retail food establishment may be refilled at a food establishment with food if the food container is:

   1. (A) Designed and constructed for reuse and in accordance with the requirements specified under 20 CAR § 193-101 et seq., and 20 CAR § 193-201 et seq.; ^P
   2. (B) One that was initially provided by the retail food establishment to the consumer, either empty or filled with food by the retail food establishment, for the purpose of being returned for reuse;
   3. (C) Returned to the retail food establishment by the consumer after use; and
   4. (D) Subject to the following steps before being refilled with food:

(i) Cleaned as specified under 20 CAR § 193-601 et seq.;

1. (ii) Sanitized as specified under 20 CAR § 193-701 et seq.; ^P and

   1. (iii) Visually inspected by a food employee to verify that the container, as returned, meets the requirements specified under 20 CAR § 193-101 et seq., and 20 CAR § 193-201 et seq. ^P

2. (3) A take-home food container returned to a retail food establishment may be refilled at a retail food establishment with beverage if:

   1. (A) The beverage is not a time/temperature control for safety food;
   2. (B) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the retail food establishment;
   3. (C) Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system;
   4. (D) The consumer-owned container returned to the retail food establishment for refilling is refilled for sale or service only to the same consumer; and

   5. (E) The container is refilled by:

      1. (i) An employee of the retail food establishment; or
      2. (ii) The owner of the container if the beverage system includes a contamination-free transfer process as specified under 20 CAR § 193-204(c)(1), (2), and (4), that cannot be bypassed by the container owner.
3. (4) Consumer-owned, personal take-out beverage containers such as thermally insulated bottles, nonspill coffee cups, and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified under 20 CAR § 193-204(c)(1), (2), and (4).
4. (5) Consumer-owned containers that are not food-specific may be filled at a water vending machine or system.