902 KAR 45:040. Carbonated beverages.

 

      RELATES TO: KRS Chapter 217

      STATUTORY AUTHORITY: KRS Chapter 13B, 194.050, 217.125, EO 96-862

      NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 217 authorizes the Cabinet for Health Services to protect the public against the misbranding and adulteration of foods. The purpose of this administrative regulation is to establish uniform standards and definitions of identity for carbonated beverages (soda water) and uniform sanitary standards for carbonated beverage plants. Executive Order 96-862, effective July 2, 1996, reorganizes the Cabinet for Human Resources and places the Department for Public Health and its programs under the Cabinet for Health Services.

 

      Section 1. Definitions. (1) "Carbonated beverage plant" means the premises, buildings, and installed equipment where carbonated beverages or syrups are manufactured, bottled, canned, packaged, packed, stored or handled and processed for sale to the public. It does not include facilities used solely for finished product storage, distribution, or for establishments that prepare beverages for sale to the consumer on the immediate premises.

      (2) "Soda water" means the class of beverages made by absorbing carbon dioxide in potable water. The amount of carbon dioxide used is not less than that which will be absorbed by the beverage at a pressure of one atmosphere and at a temperature of sixty (60) degrees Fahrenheit. It may contain buffering agents as provided in Section 2(1)(e) of this administrative regulation. It either contains no alcohol or only alcohol (not in excess of five-tenths (0.5) percent by weight of the finished beverage) as is contributed by the flavoring ingredient used. Soda water designated by a name, including the proprietary name "cola" or a designation as a "pepper" beverage made with kola nut extract and other natural caffeine-containing extracts shall contain caffeine in a quantity not to exceed 0.02 percent by weight.

 

      Section 2. Optional Ingredients. (1) Soda water may contain optional ingredients, if the optional ingredient is a food additive or a color additive within the meaning of KRS 217.145(1) and (3). The optional ingredients that may be used in soda water if the proportions reasonably required to accomplish their intended effects are:

      (a) Nutritive sweeteners, consisting of the dry or liquid form of sugar, invert sugar, dextrose, fructose, corn syrup, glucose syrup sorbitol, or any combination of two (2) or more of these.

      (b) One (1) or more of the following flavoring ingredients may be added, in a carrier consisting of ethyl alcohol, glycerin, propylene glycol, or edible vegetable oils:

      1. Fruit juices (including concentrated fruit juices), natural flavoring derived from fruits, vegetables, bark, buds, roots, leaves, and similar plant materials.

      2. Artificial flavorings.

      (c) Natural and artificial color additives.

      (d) One (1) or more of the acidifying agents acetic acid, adipic acid, citric acid, fumaric acid, gluconic acid, lactic acid, malic acid, phosphoric acid, or tartaric acid.

      (e) One (1) or more of the buffering agents consisting of the acetate, bicarbonate, carbonate, chloride, citrate, gluconate, lactate, orthophosphate, or sulfate salts of calcium, magnesium, potassium, or sodium.

      (f) One (1) or more of the emulsifying, stabilizing, or viscosity-producing agents brominated vegetable oils, carob bean gum (locust bean gum), glycerol ester of wood rosin, guar gum, gum acacia, gum tragacanth, hydroxylated lecithin, lecithin, methlcellulose, mono- and diglycerides of fat-forming fatty acids, pectin, polyglycerol esters of fatty acids, propylene glycol alginate, sodium alginate, sodium carboxymethylcellulose, sodium metaphosphate (sodium hexametaphosphate).

      (g) One (1) or more edible vegetable oils as optional ingredients in cloud producing agents.

      (h) If one (1) or more of the optional ingredients in paragraphs (b) and (g) of this subsection are used, dioctyl sodium sulfosuccinate may be used in a quantity not in excess of five-tenths (0.5) percent by weight of ingredients.

      (i) One (1) or more of the foaming agents ammoniated glycyrrhizin, gum ghatti, licorice or glycyrrhiza, yucca (Joshua tree), yucca (Mohave), quillaia (soap-bark) (Quillaja saponaria Mol.), and enzyme-modified soy protein in a carrier of propylene glycol.

      (j) Caffeine, in an amount not to exceed 0.02 percent by weight of the finished beverage.

      (k) Quinine in an amount not to exceed eighty-three (83) parts per million by weight of the finished beverage.

      (l) One (1) or more of the chemical preservatives ascorbic acid, benzoic acid, BHA, BHT, calcium disodium EDTA, erythorbic acid, glucose-oxidase-catalase enzyme, methylparaben or propylparaben, propyl gallate, potassium or sodium benzoate, potassium or sodium bisulfite, potassium or sodium metabisulfite, potassium or sodium sorbate, sorbic acid, sulfur dioxide or tocopherols; and in the case of canned soda water, stannous chloride in a quantity not to exceed a minimum level, as served, of 0.0015 percent or less calculated as tin (Sn), with or without one (1) or more of the other chemical preservatives listed in this subsection.

      (m) The defoaming agent dimethylopolysiloxane in an amount not to exceed ten (10) parts per million.

      (2) The name of the beverage for which a definition and standard of identity is established by this section is soda water, club soda, or plain soda.

      (a) The name of each beverage containing flavoring and sweetening ingredients as provided for in this section shall be "______ soda" or "_______ soda water" or "________ carbonated beverage", the blank being filled in with the word or words that designate the characterizing flavor of the soda water; for example, "grape soda."

      (b) If the soda water is one generally designated by a particular common name; for example, ginger ale, root beer, or sparkling water, that name may be used in lieu of the name prescribed in paragraph (a) of this subsection.

      (3) Soda water that contains the optional ingredient caffeine as provided for in subsection (1)(j) of this section, artificial flavoring, artificial coloring, or any combination of these shall be labeled to show that fact by the label statement "with ________" or "_________ added," the blank being filled in with the word or words "caffeine," "artificial flavoring," "artificial coloring," or a combination of these words. If the soda water contains one (1) or more of the optional ingredients set forth in subsection (1)(l) of this section, which has or is intended to have a preservative effect in the finished beverage, it shall be labeled to show that fact by one of the following statements: "_________ added as a preservative" or "preserved with _______," the blank being filled in with the common name of the preservative ingredient. If soda water contains quinine salts, the label shall bear a prominent declaration either by use of the word "quinine" in the name of the article or by separate declaration.

      (4) The label statements prescribed in subsection (3) of this section for declaring the optional ingredients present shall appear on a labeling surface of the beverage in a manner as to render the statement likely to be read by the ordinary individual under customary conditions of purchase or use. These statements shall immediately and conspicuously precede or follow the name of the beverage, if the name is prominently displayed, without intervening, written, printed, or graphic matter; provided, that, where the name is part of a trademark or brand, then other written, printed or graphic matter that is also a part of a trademark or brand may intervene if the label statements required by this section are placed to be conspicuously related to the name of the beverage.

 

      Section 3. Carbonated Beverage Plant Permit. (1) No person, firm or corporation shall operate a carbonated beverage plant in Kentucky without first having obtained a permit from the cabinet.

      (2) Any carbonated beverage plant in compliance with this administrative regulation shall be eligible for a permit upon application supported by inspection records acceptable to the cabinet. Any person desiring to operate a carbonated beverage plant shall make written application on form DFS-200 provided by the cabinet which is incorporated by reference and may be viewed or obtained at the Office of the Commissioner, Department for Public Health, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday between the hours of 8 a.m. and 4:30 p.m.

      (3) Permits issued pursuant to this administrative regulation shall expire on December 31, following the date of issuance.

      (4) Each permit issued pursuant to this administrative regulation shall be issued only for the premises and persons named in the application and shall not be transferable.

      (5) Permits issued pursuant to this administrative regulation shall be posted in a conspicuous place at the carbonated beverage plant.

 

      Section 4. Submission and Approval of Plans. No person shall construct or extensively alter any building intended for use as a carbonated beverage plant without having plans approved by the local health department having jurisdiction.

 

      Section 5. Ingredient and Packaging Materials. (1) All ingredients used in the preparation of syrups and carbonated beverages shall comply with all applicable provisions of the Kentucky Food, Drug and Cosmetic Act KRS Chapter 217.

      (2) Single service articles including bottles, cans, fiber cartons, crowns, caps or gaskets shall be provided in sanitary boxes, cartons, tubes, and protected and handled in a sanitary manner.

 

      Section 6. Construction of Buildings. (1) A separate room of solid wall construction shall be provided for:

      (a) Compounding and mixing syrups;

      (b) Bottling and filling operations; and

      (c) Bottle washing, receiving, storage and shipping; provided, however, that a variance to paragraph (b) of this subsection and this paragraph may be permitted by the cabinet when necessary for existing plants and for new plants where it is demonstrated to the satisfaction of the cabinet that separation is not necessary due to the design of the plant.

      (2) The floors of rooms where ingredients are handled, compounded, mixed, or processed or where containers or equipment are washed shall be constructed of an impervious, smooth, easily cleaned material.

      (a) Floors shall be kept in good repair and graded to drain properly to trapped drains.

      (b) Walls and ceilings in the syrup room shall have a smooth, washable, light-colored surface, in good repair.

      (c) Walls in container filling area shall have a smooth, washable and light-colored surface up to the height reached by splash or water spray. The wall area above this height and including ceiling may be constructed of suitable sound retarding material.

      (d) Interior walls of storage areas may be left unfinished or covered with standard construction materials.

      (e) Exterior, hinged doors shall be outward opening and self-closing.

      (f) The food processing areas shall be separated from any living quarters or toilet room.

 

      Section 7. Lighting. Lighting (natural, artificial, or a combination of both) equal to thirty (30) foot candles shall be provided in all working areas. Storage areas shall be provided with ten (10) foot candles of light. Inspection areas shall be provided with artificial light sources which furnish at least 100 foot candles on the inspection surface. Lights in processing areas where their breakage may cause contamination of product or ingredients shall be equipped with protective shields.

 

      Section 8. Ventilation. Natural or artificial ventilation shall be sufficient to prevent excessive condensation formation, mold or objectionable odors and maintain sanitary conditions in the processing or storage areas or rooms.

 

      Section 9. Water Supply. (1) The water supply shall be ample and potable, with adequate facilities for its distribution in the establishment and its protection against contamination and pollution, and shall meet the requirements of the Natural Resources and Environmental Protection Cabinet pursuant to administrative regulations 401 KAR Chapter 8.

      (2) Hot water for cleaning rooms and equipment shall be delivered under pressure to sufficient convenient outlets and shall be of a temperature as to accomplish a thorough clean up.

 

      Section 10. Sewage, Waste Disposal and Plumbing. (1) All sewage and water carried wastes from a carbonated beverage plant shall be disposed of in a public sewerage system if available. If a public sewerage system is not available, all sewage and water carried wastes shall be disposed of in a private sewage disposal system, the construction and operation of which meets the requirements of 902 KAR 10:085.

      (2) All wastes and accumulations of trash shall be disposed of in a manner approved by the Natural Resources and Environmental Protection Cabinet pursuant to KRS Chapter 224.

      (3) All plumbing and plumbing fixtures shall be installed and operated pursuant to the state plumbing code KRS Chapter 318.

 

      Section 11. Toilets, Dressing Rooms and Hand-washing Facilities. (1) Toilets, dressing rooms, and hand-washing facilities shall be conveniently located and shall be kept clean and in good repair. Doors to toilets shall be tight-fitting and self-closing.

      (2) Hand-washing facilities shall be located in or convenient to the syrup room, toilet rooms and the bottling room. Hand-washing facilities shall provide hot and cold running water, suitable cleaning agents and single-service towels or other acceptable drying devices.

 

      Section 12. Construction and Repair of Equipment. (1) All equipment, containers and utensils used in the handling, processing, compounding, mixing, storage, or transporting of beverages or beverage ingredients shall be smooth, impervious, corrosion resistant, nontoxic, and in good repair and shall be constructed to permit adequate sanitation.

      (2) Effective protection from contamination shall be maintained.

      (3) Product-contact surfaces shall be self-draining. Piping shall be of sanitary design and installation.

      (4) All temperature-control equipment and control devices used on bottle washers shall be accurate and adequately maintained.

      (5) If the washing, filling and crowning devices are not integral parts of one (1) machine, but are performed by separate units of equipment, they shall be arranged to exclude manual contact with the necks or tops of the bottles between filling and crowning.

      (6) Mixing and storage tanks, pipelines, filters and other apparatus employed in the preparation and distribution of syrups shall be constructed of stainless steel or other suitable noncorrosive materials.

      (7) All apparatus employed in syrup-making shall be free from recesses and so constructed that all parts may be easily cleaned and sanitized. All syrup tanks shall be self-draining and contents protected from contamination. Mixing shall be by mechanical means performed so as to prevent contamination of the syrup.

      (8) Carbonated water shall not be conveyed in pipelines of galvanized iron, lead, zinc, copper, or other deleterious materials.

 

      Section 13. Cleaning and Bactericidal Treatment. (1) Multiple-service containers, equipment and utensils used in handling, processing, storing or transporting of beverages or beverage ingredients shall be thoroughly cleaned after use. They shall be effectively sanitized prior to each usage.

      (2) The cleaning and bactericidal treatment methods used shall not contaminate or adulterate soft drinks or their ingredients.

      (3) Chemicals used for cleaning and bactericidal treatments shall have labels which identify the contents.

      (4) All pipelines, apparatus, and containers used shall be thoroughly cleaned and sanitized at least once weekly.

      (5) Apparatus and containers shall be washed and rinsed before sanitization.

      (6) Fillers shall be cleaned and sanitized at the end of each day's operation and flushed with potable water before beginning operations.

      (7) Since accepted industry practice permits syrup to remain in the syrup tanks and lines between period of processing operations, the syrup tanks and lines shall be cleaned and sanitized if emptied, as scheduled by the plant.

      (8) After scheduled cleaning and sanitizing the syrup tanks and lines shall be flushed with potable water before beginning processing operations. Hot water, chlorine, or equally effective bactericidal agents are permissible for sanitization.

 

      Section 14. Bottle Washing, Filling and Crowning and other Requirements. (1) The operations of receiving, segregating, holding, compounding, mixing, packaging, and packing, storing, transporting and handling shall be conducted in a sanitary manner. There shall be no contamination, adulteration, or deterioration of the product or its ingredients. Every plant manufacturing bottled beverages shall be equipped with suitable mechanical bottle washing apparatus, and with approved machines for carbonating, filling and crowning. Plant operations shall be performed to prevent the operator or his clothing from coming in contact with the beverages or sanitized product contact surfaces.

      (2) Reusable glass containers used in the manufacture of carbonated beverages shall, before being refilled, be sanitized by being washed in an automatic washing machine. An indicating thermometer and caustic solution test equipment shall be used to ascertain the temperature and caustic strength of the washing solution. The caustic soak solution shall consist of at least three (3) percent caustic with a minimum contact period of five (5) minutes and a temperature of 130 degrees Fahrenheit or an equivalent cleansing and sanitizing process. The bottles shall then be rinsed free of washing solution with potable water. Single-service containers shall be cleaned by air or water rinsing machines.

      (3) Syrups shall be prepared in a sanitary manner. Every precaution shall be taken against contamination by filth or deleterious substances during the preparation and subsequent storage. Galvanized iron, lead, zinc, copper, or brass-lined containers, pipelines, or apparatus of other deleterious materials shall not be used in preparation, storage or conveyance of syrups.

      (4) Bottles shall be filled and capped by means of automatic machinery. The operator or his clothes shall not come in contact with any part of the bottle or machinery that might result in contamination of the product. Removal of the crown of imperfectly crowned bottles and recrowning shall not be permitted. Crowns which have been touched on the inner side by the operator, as may occur while adjusting the crowner, shall be discarded. Returnable bottles shall be visually inspected for any abnormal conditions immediately before being filled. Unclean and abnormal bottles shall not be filled. Mechanical inspection devices may be used, but not in lieu of visual inspection.

 

      Section 15. Sanitary Controls. Every plant manufacturing bottled carbonated beverages shall be adequately provided with apparatus for ascertaining the sanitizing strength of the soaker solution used in bottle washing. An indicating thermometer shall be used at the bottle washing machine. If pipelines and other equipment are sanitized by hot water, additional thermometers shall be available at convenient locations. A suitable caustic test or some other suitable index for determining the causticity of the soaker solution shall be available at all times. Daily caustic tests and temperature checks shall be made by the plant operators. A record of these tests results shall be kept on file at the plant for six (6) months.

 

      Section 16. Control of Insects and Rodents. The carbonated beverage plant shall be free of rodents, rodent harborages, insects, and insect-breeding places.

 

      Section 17. Storage Facilities. Storage facilities shall be clean, in good repair, and shall be provided with ample space for the storage of food substances, container closures, gaskets, cleaned utensils, and equipment, so as to prevent contamination and deterioration. Conveyors and cases shall be maintained in a clean condition.

 

      Section 18. Premises. The premises shall be clean, well-drained, and free of environmental conditions and materials that constitute a nuisance or sanitation hazard.

 

      Section 19. Vehicles and Transportation. Vehicles used to transport carbonated beverages shall be maintained in a clean condition and aid in protecting the product from contamination.

 

      Section 20. Health and Cleanliness of Employees. (1) No employer shall permit any person who has a communicable disease or is a carrier of a communicable disease to work in a bottling and filling room or syrup room of a carbonated beverage plant. No person with open cuts, lesions or sores shall be allowed to work in a bottling and filling room or syrup room.

      (2) Personnel shall wear clean outer clothing. In addition, syrup room personnel shall wear head coverings. All personnel in the food processing areas of the plants shall not smoke, chew tobacco, expectorate, or eat in the processing areas.

 

      Section 21. Enforcement Procedures. (1) The carbonated beverage plant permit shall be suspended immediately upon notice to the holder without a hearing if the local health department has reason to believe that an imminent health hazard exists. In this event, the permit holder may request a hearing. All administrative hearings shall be conducted in accordance with 902 KAR 1:400.

      (2) In all other instances of violations of the provisions of this administrative regulation the local health department shall serve the holder of the carbonated beverage plant permit a written notice specifying the violations and afford the permit holder a reasonable opportunity to correct same.

      (3) If a permit holder has failed to comply with any written notice issued under the provisions of this administrative regulation the local health department may suspend the permit.

      (4) The holder of the carbonated beverage plant permit shall be notified in writing that the permit shall be suspended at the end of ten (10) days following service of notice unless a request for hearing is filed in accordance with 902 KAR 1:400.

      (5) Any person whose permit has been suspended may make a request in writing for reinstatement of the permit. (FDC-19; 1 Ky.R. 539; eff. 3-12-75; Am. 20 Ky.R. 1419; 1848; eff. 1-10-94; 22 Ky.R. 2455; eff. 8-1-96.)