to all of those people brewing in used stainless barrels commercially (not just private home brew)- how are you getting around the fact that reconditioned/used barrels are NOT FDA approved for food use?
is there a recertification process of some sort? or do inspectors just not check for this? or...?
i ask because my friends have been talking about starting a nano, and i was looking at using these barrels up until i noticed they arent approved for food use. CT state health department confirmed that used barrels are no good to brew in (commercially).
The answer is ..... it depends. It gets complicated.
Somebody called BS that you can't use refurbished kegs. OK, in theory you can,
BUT you have to jump through hoops to do it legally. Try all you want, you can't easily call BS on an FDA or state health inspector, even if he is technically WRONG. They usually win, I KNOW from experience.
The BIG concern with reman/refurb drums is what was in them previously.
FDA
Food Sanitation Rule (PDF here) states:
7-203.11 Poisonous or Toxic Material Containers.*
A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food.
How do you know what was stored in these refurb. containers in a former life? Maybe a drum contained a carcinogenic chemical, or a beer keg was used as a gas tank on a dune buggy!!This is just one reason why the refurb/recond companies make the disclaimer that they are not FDA approved.
If they could prove content documentation, then the refurb company needs to follow an ANSI certification program:
4-205.10 Food Equipment, Certification and Classification.
Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI)-accredited
certification program will be deemed to comply with Parts 4-1 and 4-2 of this chapter.
A couple of other sections specifically pertinent to brewing:
This is why tri-clamp fittings are used in commercial operations:
4-202.13 "V" Threads, Use Limitation.
Except for hot oil cooking or filtering equipment, "V" type threads may not be used on food-contact surfaces.
Copper:
4-101.14 Copper, Use Limitation.*
(A) Except as specified in ¶ (B) of this section, copper and copper alloys such as brass may not be used in contact with a food
that has a pH below 6 such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention
device and a carbonator.
(B) Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below 6 in the
prefermentation and fermentation steps of a beer brewing operation such as a brewpub or microbrewery.
Can you work around all of this to use refurb stuff? MAYBE - it depends on:
1) Your skill in navigating the applicable codes
2) Your credibility with an FDA inspector (i.e. your industry experience, you
know what you are talking about)
3) Your ability to write and execute a HAACP (Hazard Analysis And Critical Control Points) Plan
If you can do the above then you can file for a waiver to use unapproved material, or do
ANYTHING you want to
IF you can get them to sign off (Note item C below specifically). You could brew in toilets and ferment in used septic tanks if they sign off!!!:
8-103.10 Modifications and Waivers.
(A) The Department may grant a variance from requirements of this Code as follows:
(1) Where it is demonstrated to the satisfaction of the Department that strict compliance with the rule would be highly
burdensome or impractical due to special condition or cause;
(2) Where the public or private interest in the granting of the variance is found by the Department to clearly outweigh
the interest of the application of uniform rules; and
(3) Where such alternative measures are provided which in the opinion of the Department will provide adequate public
health and safety protection.
(B) Such variance authority is not conferred upon any Local Public Health Authority notwithstanding contractual authority in
administration and enforcement of the food service statutes and rules;
(C) The applicant must include all necessary information to support the variance request, which may include, but is not
limited to, required testing, challenge data and research results;
Unfortunately, different inspectors will allow different things, based on their knowledge, expertise, workload, how much they like you, and whether they got laid in the past week. It's somewhat subjective, not always cut and dry technical facts. In the end, it's usually cheaper to buy approved equipment unless you have a unique, one of a kind process.
Disclaimer - I have 20 years experience in dealing with the FDA in Dairy processing equipment and systems. For Dairy, there is a document called the Pasteurized Milk Ordinance which tries to spell out extremely detailed requirements, but still leaves room for interpretation. Brewing is not nearly as regulated as dairy, but I have never worked with the FDA in brewing. It's certainly NOT a priority for FDA to audit breweries - beer does not encourage pathogen growth the way milk does, 90% of FDA's concerns.