§ 46.344. Returned food and reservice of food.

 (a)  General prohibition of reuse of returned or unused food. 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)  Exception for certain foods and packages. A container of food that is not potentially hazardous may be transferred from one consumer to another if either of the following occurs:

   (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 catsup, steak sauce or wine.

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