Wyo. Code R. 010-0005-14
General Agency, Board or Commission Rules
Chapter 14: Food Salvage
Effective Date: 07/15/1988 to 05/01/2001
Rule Type: Repealed Rules & Regulations
Reference Number: 010.0005.14.07151988
FOOD SALVAGE REGULATIONS
Section 1. Authority. Pursuant to the authority granted under Sections 35-7-109 through 35-7-1.22, Wyoming Statutes, 1987, the following regulations are hereby promulgated.
(a) The Commissioner of Agriculture hereby finds and declares that a uniform statewide salvage regulation is needed to regulate all food salvage processing plants, food salvage handlers and distributors conducting business within the State of Wyoming, to provide for uniformity of inspections of such establishments, and to protect the health of consumers by preventing the sale or distribution of foods which have become adulterated or misbranded, until such time as that portion of such food as can be reconditioned or reclaimed for sale and distribution has been placed in a condition which satisfies all requirements of W.S. 35-7-109 through W.S. 35-7-122. The requirements of this regulation are in addition to the current good manufacturing practices defined in Title 21, Code of Federal Regulations, part 110.
(b) This ordinance shall also apply to those situations wherein the courts have decided that detained or embargoed articles found to be adulterated or misbranded can be corrected by proper labeling or processing.
(a) 'Commissioner' shall mean the Commissioner of Agriculture and his duly designated representatives.
(b) 'Distressed Merchandise' shall mean any food, as defined in Section 3(c) which has had the label lost or which has been subjected to possible damage due to accident, fire, flood, adverse weather, or to any other similar cause, or which may have been rendered unsafe or unsuitable for human or animal consumption or use.
(c) 'Food' means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human or animal consumption.
(d) 'Non-salvageable Merchandise' shall mean 'distressed merchandise,' as defined in paragraph (b) of this section, which cannot be safely or practically reconditioned.
(e) 'Perishable' shall mean that there exists a significant risk of spoilage or deterioration when a product has not been properly refrigerated or handled.
(f) 'Person' shall mean an individual, or a firm, partnership, company, corporation, trustee, association, agent, or any public or private entity.
(g) 'Personnel' shall mean any person employed by a salvage processing plant, salvage handler or distributor who does or may in any manner handle or come in contact with the handling, storing, transporting, or selling and distributing of salvageable or salvaged merchandise.
(h) 'Potentially Hazardous Food' shall mean any perishable food which consists, in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of pathogenic or toxicogenic microorganisms.
(i) 'Reconditioning' shall mean any appropriate process or procedure by which distressed merchandise can be brought into compliance with the standards of the Commissioner for consumption or use by the public.
(j) 'Salvageable Merchandise' shall mean any distressed merchandise, as defined in paragraph (b) of this section, which can be reconditioned to the satisfaction of the Department.
(k) 'Salvage Distributor' shall mean a person who engages in the business of selling, distribution or otherwise trafficking in any distressed or salvaged merchandise.
(l) 'Salvage Handler' shall mean a person who engages in the business of handling distressed merchandise at the scene of an accident, fire, flood or other disaster, with or without taking ownership of the distressed merchandise.
(m) 'Salvaged Merchandise' shall mean distressed merchandise, as defined in paragraph (b) of this section, which has been reconditioned.
(n) 'Salvage Processing Plant' shall mean an establishment primarily engaged in the business of reconditioning or by other means salvaging distressed merchandise and which sells or distributes salvaged merchandise for human or animal consumption or use.
(o) 'Sanitize' shall mean adequate treatment of surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance and in substantially reducing numbers of other microorganisms. Such treatments shall not adversely affect the product and shall be safe to the consumer.
(p) 'Vehicles' shall mean any truck, car, bus, or other means by which distressed, salvageable or salvaged merchandise is transported from one location to another.
(a) No personnel while affected with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores, or respiratory infection, shall work in an area of a salvage processing plant, for a salvage handler or for a salvage distributor in any capacity in which there is any possibility of such a person contaminating salvageable or salvaged merchandise with pathogenic organisms, or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment or salvage operation has reason to suspect that any person has contracted any disease in a communicable form or has become a carrier of such disease, the Department shall be notified immediately.
(b) All personnel while working in direct contact with salvageable products or while engaged in reprocessing, repacking or otherwise handling product ingredients shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand-washing facility or by other means acceptable to the Commissioner, before starting work, and as often as may be necessary to remove soil and contamination. No person shall resume work after visiting the toilet room without first washing his hands.
(c) Each salvage processing plant shall provide its employees with adequate and conveniently located toilet facilities. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair at all times. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Where the use of non-water-carried sewage disposal facilities are approved by the Department, they shall be located at least 100 linear feet from the salvage processing plant and from any well or stream.
(d) Adequate facilities shall be provided for the orderly storage of personnel clothing and personal belongings.
(a) All salvageable and salvaged merchandise, while being handled, stored or processed at a salvage processing plant, or during transportation, shall be protected from contamination. All perishable foods shall be kept at such temperature as will protect against spoilage. All potentially hazardous foods shall be maintained at a safe temperature [45 Degrees F (7.2 Degrees C) or below; 140 Degrees F (60 Degrees C) or above]. Accurate thermometer must be provided in cold storage areas. Poisonous and toxic materials shall be identified and handled under such conditions as will not contaminate other salvageable or salvaged merchandise, or constitute a hazard to personnel.
(b) All salvageable merchandise shall be promptly sorted and segregated from non-salvageable merchandise to prevent further contamination of the distressed merchandise to be salvaged or offered for sale or distribution.
(a) All equipment, utensils, and other food-contact surfaces used in a salvage processing plant shall be so designed and of such material and workmanship as to be smooth, easily cleanable, and non-toxic. Utensils coming in contact with salvageable or salvaged merchandise shall be in good repair. Exceptions may be made to the above materials requirements, if approved by the Commissioner.
(b) All equipment used in the transportation or temporary storage of food shall be properly designed so as to be cleanable, made of non-toxic materials and capable of maintaining proper temperatures of refrigerated and frozen foods.
(c) If adequate equipment required in paragraph (b) of this section is not available approval to use alternate equipment must be obtained from the Commissioner.
(a) All utensils and surfaces of equipment coming into contact with salvageable or salvaged merchandise in a salvage processing plant or during a salvage operation shall be thoroughly cleaned, and, if necessary, sanitized prior to use, and stored to prevent contamination.
(b) All other surfaces or equipment shall be cleaned at such intervals as necessary to keep them in a clean and sanitary condition.
(c) Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination.
(d) Single-service materials shall be stored, handled and dispensed in a manner that prevents contamination of surfaces which may come in contact with food.
(e) All single-service materials shall be used only once.
(f) All parts of the salvage processing plant and its premises shall be kept neat, clean, and free of litter and rubbish. Cleaning operations shall be conducted in such a manner as to prevent contamination of salvageable and salvaged merchandise. None of the operations connected with a salvage processing plant shall be conducted in any room used as an employee lounge or living or sleeping quarters. Soiled coats and aprons shall be kept in suitable containers until removed for laundering. No birds or animals shall be allowed in any areas used for the conduct of salvage processing plant operation; or the storage of salvageable and salvaged merchandise.
(a) The water supply shall be adequate, of a safe, sanitary quality, and from a source constructed and operated in accordance with specifications approved by the Commissioner.
(b) Water under pressure at the required temperatures shall be provided in all areas where foods are processed, or equipment, utensils or containers are washed.
(c) All sewage, including liquid waste, shall be disposed of in a public sewerage system or, in the absence thereof, in a manner approved by the Commissioner.
(d) Plumbing shall be sized, installed and maintained in accordance with applicable State and local plumbing codes. Each salvage processing plant shall be provided with adequate, conveniently located hand-washing facilities for its personnel, including a lavatory or lavatories equipped with hot and cold or tempered running water, hand-cleansing soap or detergent, and approved sanitary towels or other approved hand-drying devices. Such facilities shall be kept clean and in good repair. There shall be no connection between safe and unsafe water supplies.
(a) All refuse shall, prior to disposal, be kept in leakproof, non-absorbent containers which shall be kept covered with tight-fitting lids; provided that such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a waste refrigerator. All other refuse shall be stored in containers, rooms, or areas in an approved manner.
(b) Adequate cleaning facilities shall be provided, and each container, room or area shall be thoroughly cleaned after the emptying or removal of refuse.
(c) All refuse shall be disposed of with sufficient frequency and in such a manner as to prevent contamination.
(d) Effective measures shall be taken to protect against the entrance into the salvage processing plant and the breeding or presence on the premises of rodents, insects, and other vermin.
(a) The floor surfaces in all rooms and areas in which salvageable or salvaged merchandise is stored or processed and in which utensils are washed, and walk-in refrigerators, dressing or locker rooms and toilet rooms, shall be of smooth, nonabsorbent materials, and so constructed as to be easily cleanable, provided that the floors of non-refrigerated, dry storage areas need not be nonabsorbent. All floors shall be kept clean and in good repair. Floor drains shall be provided in all rooms where floors are subjected to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor.
(b) Walls and ceilings of all rooms shall be clean, smooth, and in good repair.
(c) Artificial light sources shall be installed to provide at least 50-foot candles on all other surfaces and equipment, in food preparation and storage areas, utensil-washing and hand-washing areas, and toilet rooms. At least 20 foot-candles of light at a distance of 30 inches from the floor shall be required in all other areas during cleaning operations.
(d) Sources of artificial light shall be provided and used to the extent necessary to provide the required amounts of light on all surfaces when in use and when being cleaned.
(e) At the site of truck wrecks, fires, floods and other disasters adequate overhead artificial light must be provided when necessary to illuminate the work area.
(f) Shielding to protect against broken glass falling onto un-packaged food shall be provided for all artificial lighting fixtures located over or within food storage, food preparation, and food display areas.
(g) Infrared or other heat lamps shall be protected against breakage by a shield surrounding and extending beyond the bulb, leaving only the face of the bulb exposed.
(h) All rooms, in which salvageable or salvaged merchandise is processed or utensils are washed, dressing or locker rooms, toilet rooms, and garbage and rubbish storage areas, shall be well ventilated. Ventilation hoods and devices when used shall be designed to prevent condensation form dripping into foods or onto preparation surfaces. Filters, when used, shall be readily removable for cleaning or replacement. Ventilation systems shall comply with applicable Federal, State and local fire prevention and air pollution requirements.
(a) It shall be the duty of any person owning or having possession of distressed merchandise to make personal contact with the Commissioner within 24 hours after the merchandise becomes distressed and prior to its removal from the place at which it was located when it became distressed merchandise. If emergency removal of such distressed merchandise is required, or immediate contact with the Commissioner cannot be made, such notice to the Commissioner shall be made as soon thereafter as possible. It shall be the duty of the salvage distributor or manager of the salvage processing plant to make contact with the Department within forty-eight (48) hours whenever distressed merchandise subject to the provisions of this Regulation is obtained.
(b) Distressed merchandise shall be moved from the site of a fire, flood, sewer backup, wreck or other cause as expeditiously as possible so as not to become putrid-rodent or insect harborage, or otherwise a menace to public health. All distressed and salvageable merchandise of a perishable nature shall, prior to reconditioning, be transported only in vehicles provided with adequate refrigeration, if necessary, for product maintenance. No interstate movement of distressed or salvageable merchandise shall be made without the prior approval of the Commissioner.
(c) If distressed articles other than food are also salvaged, they shall be handled in rooms separate from those in which foods are reconditioned.
(d) Sufficient precautions shall be taken to prevent cross-contamination (animal feed to human food, etc.) among the various types of merchandise which are salvageable or salvaged. Contaminated foods shall be separated from non-contaminated foods.
(e) All salvageable merchandise shall be reconditioned prior to sale or distribution except for such sale or distribution to a person who meets all applicable requirements of the Regulation and is acceptable to the Commissioner.
(f) All metal cans of food offered for sale or distribution shall be essentially free from rust (pitting) and dents (especially at rim, end double seams and/or side seams). Leakers, springers, flippers, and swells shall be deemed unfit for sale or distribution. Containers, including metal and glass containers with press caps, screw caps, pull rings or other types of openings which have been in contact with water, liquid foam, or other deleterious substances, as a result of firefighting efforts, flood, sewer backups or similar mishaps, shall be deemed unfit for sale or distribution, i.e., nonsalvageable merchandise as defined in Section 3(d) of this ordinance, except that consideration may be given to reconditioning spirits by distillation where feasible.
(g) All metal containers of food, other than those mentioned in (b) above, whose integrity has not been compromised and whose integrity would not be compromised by the reconditioning, and which have been partially or totally submerged in water, liquid foam, or other deleterious substance as the result of flood, sewer backup or other reasons shall, after thorough cleaning, be subjected to sanitizing rinse of a concentration of 100 ppm available chlorine for a minimum period of one minute, or shall be sanitized by another method approved by the Department. They shall subsequently be treated to inhibit rust formation.
(h) Any cans or tins showing surface rust shall have labels removed, the outer surface cleaned by buffing, a protective coating applied when necessary, and shall be relabeled. Relabeling of other salvageable non-metal (glass, plastic, etc.) containers shall be required when original labels are missing or illegible.
(i) All salvageable merchandise shall be labeled to indicate that the merchandise has been salvaged. All salvaged merchandise in containers is to be provided with labels meeting the requirements of 35-7-109- through 35-7-122, the Federal Food, Drug, and Cosmetic Act, Fair Packaging and Labeling Act, and regulations promulgated under those Acts for products in interstate commerce. Where original labels are removed from containers which are to be resold or redistributed, the replacement labels must show as the distributor the name and address of the salvage processing plant, as well as the date of reconditioning for sale or distribution.
(a) Foods contaminated and/or adulterated by pesticides or other chemicals; potentially hazardous foods which have been exposed to a temperature above 45 Degrees F (7.2 Degrees C) for a period exceeding 4 hours; foods found unfit for salvage on examination; foods packaged in paper or other porous materials which have been subject to contamination and foods so packaged that contaminating residues cannot be removed, shall be deemed to be nonsalvageable merchandise, as defined in Section 3(d) of this ordinance.
(b) Non-salvageable merchandise shall not be sold or distributed as food, but shall be disposed of in a manner approved by and under the supervision of the Department.
(a) A written record or receipt of distressed, salvageable and salvaged merchandise shall be kept by the salvage processing plant for inspection by the Department during business hours. The records shall include the name of the product, the name and address of the manufacturer or distributor, the production code, container sizes, source of the distressed merchandise, the date received, the type of damage, and the salvage process conducted. These records shall be kept on the premises of the salvage processing plant for a period of one year following the completion of transactions involving a lot of merchandise.
(b) A written record shall be kept by salvage handlers on forms provided by the Commissioner. The record shall include, among other information requested by the Commissioner, name and address of manufacturer or distributor, description of food, production codes, container sizes, date and time of accident or other event which caused merchandise to be distressed, date and time of removal, hours without refrigeration, when applicable, type and extent of damage, methods used for moving, amount of merchandise destroyed, method of destruction, landfill receipt number, location of landfill, and license and trailer numbers of all vehicles used to transport distressed food.
(a) Whenever a 'notice of embargo' has been placed on or about any premises or vehicle by the Commissioner or his duly authorized agent, any person, acting as a salvage handler, must handle the distressed merchandise within the conditions outlined on the notice. The notice of embargo must be kept in the general area of the distressed merchandise at all times.
(b) Distressed merchandise which is under embargo may be transferred and moved to a nearby location for further handling. In all cases the Commissioner must be notified when distressed merchandise is moved.
(c) Upon final disposition of all distressed merchandise the salvage handler must return the 'notice of embargo' and all other records required by this regulation to the Commissioner within three (3) days.