When a food establishment may re-serve food

Once food has been served to a customer, the establishment cannot assume that an untouched-looking item is safe to serve again. The customer may have contaminated it through hands, utensils, coughing or contact with other items. FDA Food Code § 3-306.14 sets a general prohibition and describes limited exceptions for specific non-time/temperature-control-for-safety (non-TCS) foods.

General rule: do not re-serve returned food

Food that a consumer has possessed after it was served or sold may not be offered again for human consumption, unless one of the Code's stated exceptions applies. This rule covers unused or returned food. It is not based solely on whether the customer says the food was untouched or whether staff believe it looks clean.

Exception for protected non-TCS condiments and similar items

A container of food that is not TCS may be re-served from one consumer to another when it is dispensed in a way that protects it from contamination and the container is closed between uses. The Food Code gives narrow-neck bottles such as ketchup, steak sauce or wine as examples. The exception depends on the food being non-TCS and the container protecting its contents.

Exception for unopened original packages

Certain non-TCS foods may also be re-served when they remain in an unopened original package and the package is maintained in sound condition. Examples include individually packaged crackers, salt or pepper. If the package is open, damaged or no longer protects the food, the exception does not apply.

A second portion is not a returned plate

A server may bring an additional portion from the kitchen under normal food-handling controls. That is different from taking food that was already in a customer's possession and offering it to someone else. Keep service procedures clear so returned items go to discard rather than back into the service stream, except for a specifically allowed exception.

Exam checklist

• Was the food already in the consumer's possession? Default: do not offer it again.
• Is it a non-TCS food in a closed, contamination-protective container? A narrow exception may apply.
• Is it in an unopened, sound original package? That is another narrow exception.
• Do not re-serve a returned TCS item or opened package under these exceptions.

Key takeaway

Treat customer-returned food as not for re-service. Only the Food Code's narrow, protected non-TCS exceptions allow certain bottles or unopened original packages to return to service.