Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 5 - WATER, PLUMBING, AND WASTE › Section 144-200-5-5 - 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 or Eating Establishment, a
					 storage area for Refuse, recyclables, and returnables shall meet the
					 requirements specified under §§ 6-101.1 1, 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 or Eating Establishment, or within closed outside receptacles.
5-501.14 Receptacles in Vending Machines.
Except for a receptacle for Beverage bottle crown closures,
					 a Refuse receptacle may not 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 or Eating 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 or Eating 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 or
				  Eating 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 or Eating Establishment
				  if the receptacles and units:
(1) Contain
				  Food residue and are not in continuous use; or
(2) After they are filled; and