(1) Except as specified in subsections (2) and (3) of this section, returned empty containers intended for cleaning and refilling with food must be cleaned and refilled in a regulated food processing plant.

(2) A food-specific container for beverages may be refilled at a food establishment if:

(a) Only a beverage that is not a potentially hazardous food is used as specified under WAC 246-215-03348(1);

(b) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the food establishment;

(c) Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system;

(d) The consumer-owned container returned to the food establishment for refilling is refilled for sale or service only to the same consumer; and

(e) The container is refilled by:

(i) An employee of the food establishment; or

(ii) The owner of the container if the beverage system includes a contamination-free transfer process that cannot be bypassed by the container owner.

(3) consumer-owned containers that are not food-specific may be filled at a water vending machine or system.