Section 410IAC7-24-201. Returned food; reservice or sale

   (a) Except as specified in subsection (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer may not be offered as food for human consumption.

  (b) A container of food that is not potentially hazardous may be transferred from one (1) consumer to another if:

(1) the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing ketchup, steak sauce, or wine; or

(2) the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

  (c) For purposes of this section, a violation of subsection (a) or (b) is a critical item. (Indiana State Department of Health; 410 IAC 7-24-201; filed Oct 13, 2004, 12:30 p.m.: 28 IR 862; errata filed Dec 13, 2004, 8:20 a.m.: 28 IR 1485; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)