Section 410IAC7-24-141. Discarding or reconditioning of unsafe, misbranded, adulterated, or contaminated food

   (a) A food that is unsafe, adulterated, misbranded, or not honestly presented as specified under section 140 of this rule shall be reconditioned according to an approved procedure or discarded.

  (b) Food that is not from an approved source as specified under section 142, 143, 147, 154, 155, 164, or 165 of this rule shall be discarded.

  (c) Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified under section 121 of this rule shall be discarded.

  (d) Food that is contaminated by food employees, consumers, or other persons through contact with soiled hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded.

  (e) For purposes of this section, a violation of subsection (a) is a critical or noncritical item based on the determination of whether or not the violation significantly contributes to food contamination, an illness, or an environmental health hazard.

  (f) For purposes of this section, a violation of subsection (b), (c), or (d) is a critical item. (Indiana State Department of Health; 410 IAC 7-24-141; filed Oct 13, 2004, 12:30 p.m.: 28 IR 845; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)