(b) The criteria and definitions in this part apply in determining whether a food is:

1. (1) Adulterated within the meaning of:

   1. (i) Section 402(a)(3) of the Federal Food, Drug, and Cosmetic Act in that the food has been grown, harvested, packed, or held under such conditions that it is unfit for food; or

   2. (ii) Section 402(a)(4) of the Federal Food, Drug, and Cosmetic Act in that the food has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;

      or

2. (2) In violation of section 361 of the Public Health Service Act (42 U.S.C. 264).