Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 331 - STATE OF MAINE FOOD CODE 2001 › Chapter 5 - WATER, PLUMBING, AND WASTE › Section 001-331-5-5 - REFUSE, RECYCLABLES, AND RETURNABLES

Current through 2024-29, July 17, 2024
5-501 Facilities on the Premises
5-501.10 Indoor Storage Area.
If located within the FOOD ESTABLISHMENT, a storage area
					 for REFUSE, recyclables, and returnables shall meet the requirements specified
					 under §§6 -101.11, 6-201.11 - 6-201.18, 6-202.15, and
					 6-202.16.
5-501.11 Outdoor Storage Surface.
An outdoor storage surface for REFUSE, recyclables, and
					 returnables shall be constructed of nonabsorbent material such as concrete or
					 asphalt and shall be SMOOTH, durable, and sloped to drain.
5-501.12 Outdoor Enclosure.
If used, an outdoor enclosure for REFUSE, recyclables, and
					 returnables shall be constructed of durable and cleanable materials.
5-501.13 Receptacles.
(A) Except as specified in ¶ (B) of this
				  section, receptacles and waste handling units for REFUSE, recyclables, and
				  returnables and for use with materials containing FOOD residue shall be
				  durable, cleanable, insect- and rodent-resistant, leakproof, and
				  nonabsorbent.
(B)
Plastic
				  bags and wet strength paper bags may be used to line receptacles for storage
				  inside the FOOD ESTABLISHMENT, or within closed outside
				  receptacles.
5-501.14 Receptacles in Vending
					 Machines.
A REFUSE receptacle may not be located within a VENDING
					 MACHINE,
except that a receptacle for BEVERAGE bottle crown closures
					 may be located within a VENDING MACHINE.
5-501.15 Outside Receptacles.
(A) Receptacles and waste handling units for
				  REFUSE, recyclables, and returnables used with materials containing FOOD
				  residue and used outside the FOOD ESTABLISHMENT shall be designed and
				  constructed to have tight-fitting lids, doors, or covers.
(B) Receptacles and waste handling units for
				  REFUSE and recyclables such as an on-site compactor shall be installed so that
				  accumulation of debris and insect and rodent attraction and harborage are
				  minimized and effective cleaning is facilitated around and, if the unit is not
				  installed flush with the base pad, under the unit.
5-501.16 Storage Areas, Rooms, and
					 Receptacles,
Capacity and Availability.
(A) An inside storage room and area and
				  outside storage area and enclosure, and receptacles shall be of sufficient
				  capacity to hold REFUSE, recyclables, and returnables that
				  accumulate.
(B) A receptacle shall
				  be provided in each area of the FOOD ESTABLISHMENT or PREMISES where REFUSE is
				  generated or commonly discarded, or where recyclables or returnables are
				  placed.
(C) If disposable towels
				  are used at handwashing lavatories, a waste receptacle shall be located at each
				  lavatory or group of adjacent lavatories.
5-501.17 Toilet Room Receptacle,
					 Covered
A toilet room used by females shall be provided with a
					 covered receptacle for sanitary napkins.
5-501.18 Cleaning Implements and
					 Supplies.
(A) Except as
				  specified in ¶ (B) of this section, suitable cleaning implements and
				  supplies such as high pressure pumps, hot water, steam, and detergent shall be
				  provided as necessary for effective cleaning of receptacles and waste handling
				  units for REFUSE, recyclables, and returnables.
(B)
If APPROVED, off-PREMISES-based
				  cleaning services may be used if on-PREMISES cleaning implements and supplies
				  are not provided.
5-501.19 Storage Areas, Redeeming Machines,
					 Receptacles and Waste Handling Units, Location.
(A) An area designated for REFUSE,
				  recyclables, returnables, and, except as specified in ¶ (B) of this
				  section, a redeeming machine for recyclables or returnables shall be located so
				  that it is separate from FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE
				  and SINGLE-USE ARTICLES and a public health HAZARD or nuisance is not
				  created.
(B)
A redeeming
				  machine may be located in the PACKAGED FOOD storage area or CONSUMER area of a
				  FOOD ESTABLISHMENT if FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and
				  SINGLE-USE ARTICLES are not subject to contamination from the machines and a
				  public health HAZARD or nuisance is not created.
(C) The location of receptacles and waste
				  handling units for REFUSE, recyclables, and returnables may not create a public
				  health HAZARD or nuisance or interfere with the cleaning of adjacent
				  space.
5-501.110 Storing Refuse, Recyclables, and
					 Returnables.
REFUSE, recyclables, and returnables shall be stored in
					 receptacles or waste handling units so that they are inaccessible to insects
					 and rodents.
5-501.111 Areas, Enclosures, and Receptacles, Good
					 Repair.
Storage areas, enclosures, and receptacles for REFUSE,
					 recyclables, and returnables shall be maintained in good repair.
5-501.112 Outside Storage Prohibitions.
(A) Except as specified in ¶ (B) of this
				  section, REFUSE receptacles not meeting the requirements specified under ¶
				  5-501.13(A) such as receptacles that are not rodent-resistant, unprotected
				  plastic bags and paper bags, or baled units that contain materials with FOOD
				  residue may not be stored outside.
(B)
Cardboard or other packaging
				  material that does not contain FOOD residues and that is awaiting regularly
				  scheduled delivery to a recycling or disposal site may be stored outside
				  without being in a covered receptacle if it is stored so that it does not
				  create a rodent harborage problem.
5-501.113 Covering Receptacles.
Receptacles and waste handling units for REFUSE,
					 recyclables, and returnables shall be kept covered:
(A) Inside the FOOD ESTABLISHMENT if the
				  receptacles and units:
(1) Contain FOOD
				  residue and are not in continuous use; or
(2) After they are filled; and