Authority: IC 16-42-5-5

Affected: IC 15-16-5; IC 16-42-5

Sec. 40. (a) Cleaning compounds and sanitizing agents used in cleaning and sanitizing procedures shall be free from undesirable micro- organisms and shall be safe and adequate under the conditions of use. Compliance with this requirement may be verified by an effective means, including, but not limited to, purchase of substances under a supplier's guarantee or certification, or examination of the substances for contamination.

(b) Only the following toxic materials may be used or stored in a plant where food is processed or exposed:

1. (1) Chemicals required for maintaining clean and sanitary conditions.
2. (2) Chemicals necessary for use in laboratory testing procedures.
3. (3) Chemicals necessary for plant and equipment maintenance and operation.
4. (4) Chemicals necessary for use in the plant's operations.

(c) Toxic cleaning compounds, sanitizing agents, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of food, food-contact surfaces, or food-packaging materials. Poisonous or toxic materials shall be stored and transported according to the following:

1. (1) Separating the poisonous or toxic materials by spacing or partitioning.
2. (2) Locating the poisonous or toxic materials in an area that is not above food, equipment, linens, or food-contact surfaces.

(d) Poisonous or toxic materials shall be applied and used according to all relevant regulations promulgated by other federal, state, and local government agencies and according to the following:

1. (1) Manufacturers' use directions on the label.
2. (2) The conditions of certification for use of the pest control materials.

3. (3) Applied in a manner that does not constitute a hazard to personnel or does not contaminate by drip, drain, fog, splash, or spray any food, equipment, utensils, linens, or other food-contact surface. For pesticide use, this is achieved by:

   1. (A) removing the items;
   2. (B) covering the items with impermeable covers; or
   3. (C) taking other appropriate preventive action and cleaning and sanitizing equipment, utensils, and food-contact surfaces after application.
4. (4) Chemicals used to wash or peel whole fruits and vegetables shall meet the requirements specified in 21 CFR 173.315.
5. (5) Chemicals used as boiler water additives shall meet the requirements as specified in 21 CFR 173.310.
6. (6) A restricted use pesticide shall be applied only by an applicator certified according to 312 IAC 15-3-3.6 or a person under the direct supervision of a certified applicator.

(e) Pests shall not be allowed in any area of a wholesale food establishment. Effective measures shall be taken to exclude pests from the processing areas and to protect against the contamination of food on the premises by pests. The use of insecticides or rodenticides is permitted only under precautions and restrictions that protect against the contamination of food, food-contact surfaces, and food-packaging materials, such as the following:

1. (1) Rodent bait shall be contained in a covered, tamper-resistant bait station.
2. (2) Toxic tracking powder pesticide may not be used in wholesale food establishments.

(f) Guard dogs and service animals may be allowed in some areas of a plant if the presence of the animals cannot result in contamination of food, food-contact surfaces, or food-packaging materials.

(Indiana Department of Health; 410 IAC 7-21-40; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1623, eff one hundred twenty (120) days after filing with secretary of state; errata filed Jan 9, 2002, 12:50 p.m.: 25 IR 1645; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)