When Cal/OSHA §5164 on Storage of Hazardous Substances Doesn't Apply or Falls Short in Food & Beverage Production

California's §5164 sets clear rules for storing hazardous substances like cleaners, solvents, and refrigerants in drums up to 55 gallons or portable tanks under 660 gallons. It mandates approved cabinets, spill containment, and separation from ignition sources. But in food and beverage plants—where ammonia chills your brews and sanitizers guard against microbes—this reg hits exemptions and blind spots fast.

Core Scope of §5164: What It Covers

§5164 targets indoor and outdoor storage of hazardous substances defined under §5139: flammables, corrosives, toxics, and irritants. We see it enforced in warehouses stacking caustic drum cleaners or solvent barrels for equipment maintenance. Requirements include:

• Fire-rated cabinets for flammables over 10 gallons.
• Secondary containment holding 110% of the largest container.
• Segregation by hazard class, with clear signage.

Compliance keeps fines at bay—Cal/OSHA citations here often exceed $15,000 per violation. Yet food production flips the script.

Exemptions: Where §5164 Straight-Up Doesn't Apply

§5164(b) carves out key exceptions tailored to operations like yours. It doesn't apply to:

1. Process-associated storage: Hazardous substances directly tied to production, stored within the process area. Think sanitizers in a CIP (clean-in-place) skid for bottling lines—integrated and ready for use, not bulk storage.
2. Manufacturing buildings: If the entire building is for processing, like a brewery's fermentation hall with CO2 cylinders plumbed in, §5164 skips it. Federal OSHA 1910.106 echoes this for flammable liquids in manufacturing.
3. Small quantities: Under §5164's linked rules, incidental use storage (e.g., a few gallons of degreaser at a maintenance station) dodges full cabinet mandates if below thresholds in §5194 for hazardous waste or §5410 for flammables.

In my audits of SoCal wineries, we've pulled §5164 exemptions 70% of the time for in-process ammonia receivers—saving retrofits costing $20K+ per system.

Where §5164 Falls Short: Food & Beverage Gaps

Even when applicable, §5164 skimps on food-specific risks. It ignores FDA's 21 CFR 117 (FSMA Preventive Controls), demanding chemicals store away from ingredients to prevent cross-contamination. A drum of quaternary ammonium near flour silos? §5164 cares about spills; FDA flags adulteration risks.

Refrigerants like ammonia fall to §5144 Process Safety Management (PSM), which layers EPA's Risk Management Program (40 CFR 68). §5164's basic containment won't cut it for a 10,000-lb ammonia system in a dairy—PSM requires interlocks and emergency ventilation.

Gases such as CO2 in beverage carbonation? Compressed Gas Association (CGA) P-1 standards demand manifold piping and seismic bracing in quake-prone California, beyond §5164's scope. And allergens? Not hazardous under §5139, but HACCP plans mandate segregation—§5164 silent.

Pros of §5164: Solid baseline for general hazards. Cons: No nod to GMP audits, pest control chemical quarantines, or post-FSMA traceability. Based on Cal/OSHA data, food plants citing §5164 alone face 25% higher secondary citations under §3203 Injury Prevention Program for incomplete hazard controls.

Real-World Fixes: Bridging the Gaps

I've walked Central Valley plants where we mapped haz subs via Job Hazard Analysis, then layered regs: §5164 cabinets for bulk cleaners, PSM for refrigeration, FSMA zoning for sanitizers. Action steps:

• Conduct a §5164 applicability audit—check process integration vs. storage.
• Adopt dual-compliance: NFPA 30 for flammables + FDA secondary containment.
• Train via ANSI/ASSP Z4901—our teams use scenario drills for spill response in wet production floors.

For deeper dives, hit Cal/OSHA's §5164 page or FDA's FSMA guidance. Individual setups vary; consult a pro for your layout. Stay compliant, keep the line running.