§ 46.441. Discarding or reconditioning unsafe, adulterated or contaminated food.

 The following foods shall be discarded:

   (1)  A food that is unsafe, adulterated or not honestly presented as specified in §  46.201 (relating to food shall be safe, unadulterated and honestly presented), unless the food is reconditioned according to a procedure approved by the Department.

   (2)  Food that is not from an approved source as specified in § §  46.211—46.221.

   (3)  Ready-to-eat food that may have been contaminated by an employee that has been restricted or excluded as specified in §  46.113 (relating to duty to impose exclusions and restrictions).

   (4)  Food that is contaminated by food employees, consumers or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means.

   (5)  A food specified in §  46.385(b)(1) and (2) (relating to potentially hazardous food: hot and cold holding), if any of the following occur:

     (i)   The food exceeds the temperature specified in §  46.385(a) for more than 4 hours or for an undetermined amount of time.

     (ii)   The food is in a container or package that does not bear a date or day.

   (6)  Refrigerated, ready-to-eat, potentially hazardous food prepared in a food facility and dispensed through a vending machine with an automatic shutoff control shall be discarded if it exceeds a temperature as specified in §  46.385(a).