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Reuse permissivity in federal and state food codes

Kelley Dennings, she/her, �Center for Biological Diversity kdennings@biologicaldiversity.org

Reuse Solutions Network Meeting May 2025

Twin Cities, Minnesota | October 3-4, 2023

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  • Carnivore Conservation
  • Climate Law Institute
  • Endangered Species
  • Energy Justice
  • Environmental Justice
  • Environmental Health
  • International
  • Oceans
  • Population & Sustainability
  • Public Lands
  • Urban Wildlands

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Thanks to:

  • Miriam
  • Members
  • Upstream
  • My team
  • Started meeting monthly in 2022
  • Learned from service providers, advocates, standard entities, educational groups, etc.

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FDA. 2023. https://www.fda.gov/food/fda-food-code/adoption-fda-food-code-state-and-territorial-agencies-responsible-oversight-restaurants-and-retail

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FDA. 2023. https://www.fda.gov/food/fda-food-code/adoption-fda-food-code-state-and-territorial-agencies-responsible-oversight-restaurants-and-retail

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Recommendations to the FDA

Federal food code recommendations:

  • Defined reusable container
  • Added consumer owned container to the “refilling reusable container” section
    • A consumer-owned container may be refilled by the same consumer with a gravity-fed, bulk dispensing or through a reduced risk transfer process.
  • Added process for food establishment or third-party reuse service provider containers
    • Food establishments providing reusable containers supplied by the food establishment or a third-party reuse service provider for refilling with food shall make procedures available to the regulatory authority upon request that ensure compliance with the requirements of this code.

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FDA Changes

  • Removed "food processing plant" from definition allowing Bring Your Own (BYO) containers.
  • Kept the type of container used for refilling and how it must be cleaned, sanitized and visually inspected prior to reuse.
  • Both an employee and consumer can refill a container allowing for refill in restaurants, hot bars, bulk isle, deli counters, etc.
  • Kept requirement of refilling through a contamination-free transfer process.
  • Removed the time/temperature control requirement allowing for hot and cold food and beverages.
  • Expanded to allow food, along with beverages, to be refilled.
  • A food establishment either does the warewashing or they use a "regulated food processing plant" (i.e. third-party warewashing facility). A food establishment can't do both. 
  • No change to the ability to refill consumer-owned water containers.

Twin Cities, Minnesota | October 3-4, 2023

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Next Steps for Subcmte

  • Continue to refine model food code language

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  • Support state adoption of model food code language
  • Create educational material for advocates and the public describing what is currently legal in relation to foodservice reuse

BYO container

Contamination free transfer process

Time & Temp controlled foods

Third-Party container

Bulk foods

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Written procedures requirement

Ability of an establishment to refuse BYO

Container toxicity

Technical assistance/ education requirement

Requirement of reuse either in-house, third-party or BYO

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Future Upstream Food Code Subcmte Mtgs

June 16 at 1pm ET, Model Food Code language, facilitated discussion, part 2 -

Register here - https://biologicaldiversity-org.zoom.us/meeting/register/8Ij5YMzFQZ6pEt0uH5qGLA

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July 14 at 2pm ET, Mechanism in which to change each state food code

Register here - https://biologicaldiversity-org.zoom.us/meeting/register/qzErbhxUROi4GgUOJAm6Ow

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Additional webinar:

June 18 at 2pm ET, Hear from a panel of experts, moderated by Perpetual co-founder Dagny Tucker, who co-chaired the Safe Use of Reusables Committee convened by the Conference for Food Protection in 2021.  Register here - https://zoom.us/webinar/register/WN_VuqaWl0MRk-gwYph7H6gew#/registration

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Questions, Comments, Ideas, Next steps?

Kelley Dennings

Center for Biological Diversity

kdennings@biologicaldiversity.org

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Email me for your state’s results or if you’d like to join our monthly calls.

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Twin Cities, Minnesota | October 3-4, 2023