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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 3717-1-04 | Equipment, utensils, and linens: materials for construction and repair.


[Comment: For publication dates of the C.F.R. referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the Administrative Code.]

(A) Multiuse utensils and food contact surfaces - material characteristics.

Materials that are used in the construction of utensils and food-contact surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions shall be:

(1) Safe;

(2) Durable, corrosion-resistant, and nonabsorbent;

(3) Sufficient in weight and thickness to withstand repeated warewashing;

(4) Finished to have a smooth, easily cleanable surface; and

(5) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.

(B) Cast iron - use limitation.

Cast iron may not be used for utensils or food-contact surfaces of equipment except when used in the following manner:

(1) As a surface for cooking; or

(2) In utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service.

(C) Lead, use limitation.

(1) Ceramic, china, crystal and decorative utensils such as hand painted ceramic or china that are used in contact with food shall be lead-free or contain levels of lead not exceeding the limits of the following utensil categories:

Utensil CategoryCeramic Article DescriptionMaximum Lead mg/L
Beverage Mugs, Cups, PitchersCoffee Mugs0.5
Large Hollowware (excluding pitchers)Bowls greater than or equal to 1.16 quart (1.1 liter)1.0
Small Hollowware (excluding cups and mugs)Bowls less than 1.16 quart (1.1 liter)2.0
Flat TablewarePlates, Saucers3.0

(2) Pewter alloys containing lead in excess of 0.05 per cent may not be used as a food-contact surface.

(3) Solder and flux containing lead in excess of 0.2 per cent may not be used as a food-contact surface.

(D) Copper - use limitation.

Copper and copper alloys such as brass may not be used in contact with a food that has a pH below six such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and a carbonator. This prohibition does not apply to copper and copper alloys that may be used in contact with beer brewing ingredients that have a pH below six in the prefermentation and fermentation steps of a beer brewing operation such as a brewpub or microbrewery.

(E) Galvanized metal - use limitation.

Galvanized metal may not be used for utensils or food-contact surfaces of equipment that are used in contact with acidic food.

(F) Sponges - use limitation.

Sponges may not be used in contact with cleaned and sanitized or in-use food-contact surfaces.

(G) Wood - use limitation.

(1) Except as specified in paragraphs (G)(2) to (G)(4) of this rule, wood and wood wicker may not be used as a food-contact surface.

(2) Hard maple or an equivalently hard, close-grained wood may be used for:

(a) Cutting boards; cutting blocks; bakers' tables; and utensils such as rolling pins, doughnut dowels, salad bowls, and chopsticks;

(b) Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of two hundred thirty degrees Fahrenheit (one hundred ten degrees Celsius) or above; and

(c) Wood fermentation tanks, wood maturation barrels, and other wood used in the alcoholic beverage making process.

(3) Whole, uncut, raw fruits, and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used.

(4) If the nature of the food requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in:

(a) Untreated wood containers; or

(b) Treated wood containers if the containers are treated with a preservative that meets the requirements specified in 21 C.F. R. 178.3800.

(H) Nonstick coatings - use limitation.

Multiuse kitchenware such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have a perfluorocarbon resin coating shall be used with nonscoring or nonscratching utensils and cleaning aids.

(I) Nonfood-contact surfaces - materials.

Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be constructed of a corrosion-resistant, nonabsorbent, and smooth material.

(J) Single-service and single-use articles - characteristics.

Materials that are used to make single-service and single-use articles:

(1) May not:

(a) Allow the migration of deleterious substances; or

(b) Impart colors, odors, or tastes to food; and

(2) Shall be:

(a) Safe; and

(b) Clean.

Last updated June 21, 2024 at 4:48 PM

Supplemental Information

Authorized By: 3717.05, 3717.04
Amplifies: 3717.04, 3717.05
Five Year Review Date: 1/28/2024
Prior Effective Dates: 3/1/2001, 3/1/2009, 1/1/2013