Section 25-A823. PREVENTING CONTAMINATION BY CONSUMERS - RETURNED FOOD, RESERVICE OF FOOD

 

823.1Except as specified in § 823.2, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption. P 

 

823.2Except as specified in § 1300.9, a container of food that is not potentially hazardous (time/temperature control for safety food) may be re-served from one consumer to another if:

 

(a)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; or

   

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

 

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246: D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627: D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 2002-103, dated June 18, 2002 and Mayor’s Order 98-139, dated August 20, 1998.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6241 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).