18 AAC 31.060. Labeling and placarding

(a) The operator of a food establishment shall label food products that are offered or displayed for sale and that are enclosed in a package or container as required by this section, except for

(1) individual portions of ready-to-eat food that is

(A) prepared onsite; or

(B) dispensed onsite from a properly labeled master container of a food prepared by a food processing establishment that is permitted or certified by the local, state, or federal agency with jurisdiction; and

(2) distilled spirits, wine, or malt beverages.

(b) The operator of a market shall label bulk food that is displayed for self-service.

(1) the common name of the product or the name under which a standard of identity has been adopted in 21 C.F.R. 130 - 21 C.F.R. 164, 21 C.F.R. 165.110(a) and (c), and 21 C.F.R. 166 - 21 C.F.R. 169, adopted by reference in 18 AAC 31.011;

(2) the name and place of business of the manufacturer, packer, or distributor; for food products labeled after January 1, 2001, the labels must include the name and address of the processor or distributor as required under 21 C.F.R. 101.5, adopted by reference in 18 AAC 31.011; if the department determines that an extension serves the interests of public health and consumer protection, the department will extend the deadline for labeling requirements under this paragraph beyond January 1, 2001, on a case-by-case basis upon the request of the operator;

(3) the net contents of the package by weight or measure;

(4) the common and usual name of each food ingredient in the order of its preponderance by weight in the product; spices, flavorings, and colorings may be designated without naming each one, but each artificial coloring, artificial flavoring, or chemical preservative must be specifically identified;

(5) one of the following product holding statements, as necessary:

(A) "KEEP FROZEN", if keeping the product frozen is required to prevent growth of infectious or toxigenic microorganisms or deterioration of the product;

(B) "KEEP REFRIGERATED", if keeping the product refrigerated is required to prevent growth of infectious or toxigenic microorganisms or deterioration of the product;

(6) the statement "PREVIOUSLY FROZEN" for meat, seafood, or poultry that has been previously frozen and thawed;

(7) a sell-by date under 18 AAC 31.760(d) if the product has been reduced-oxygen packaged;

(8) a product code if required by 18 AAC 31.700(e) ;

(9) the information required by AS 17.06.020 , if the food product is labeled as "organic"; and

(10) safe handling instructions as specified in 9 C.F.R. 317.2(l) and 9 C.F.R. 381.125(b), adopted by reference in 18 AAC 31.011, if meat and poultry are not ready-to-eat foods and are in a prepackaged form when the meat and poultry are offered for consumption.

(d) In addition to the requirements of (c) of this section, if evidence from a qualified laboratory demonstrates that a food is not potentially hazardous as described in 18 AAC 31.200(c) , the food must be labeled with

(1) a sell-by date not to exceed the manufacturer's recommendations;

(2) the statement "This product is prepared using a specialized recipe that allows room temperature display. Refrigerate after purchase."; and

(3) a manufacturer's code that identifies the product as the standard formulation approved by the department or the FDA for room temperature display.

(e) In addition to the requirements of (c) and (h) of this section, the operator of a food establishment that sells or uses mushrooms picked in the wild shall ensure the mushrooms are conspicuously identified by a label, placard, or menu notation that states

(1) the common and usual name of the mushroom; and

(2) the statement "Wild mushrooms; not an inspected product."

(f) The operator of a food establishment shall ensure that the following foods, if offered for immediate consumption or sold as ready-to-eat, are conspicuously and specifically identified as raw or unpasteurized on the menu, on a label affixed to a food container, or on a sign that is clearly visible to the consumer:

(1) eggs, meat, or seafood that is raw, including sushi and sashimi;

(2) unpasteurized fruit and vegetable juices.

(g) The operator of a food establishment shall ensure that

(1) raw oysters are identified by the state or country in which the harvest area is located;

(2) raw oysters harvested from Alabama, Florida, Louisiana, or Texas are further identified with the following warning: "Eating raw oysters may cause severe illness or death in persons with certain health conditions such as liver disease, cancer, or another chronic illness that weakens the immune system. If you eat raw oysters and become ill, you should immediately seek medical attention. If you are unsure if you are at risk, contact your physician."; and

(3) if processed food that contains a sulfiting agent is used, or served, notice is provided to consumers by means of

(A) a conspicuous notice placed next to the food item listing on the menu in a food service that states: "This food contains sulfiting agents. Persons allergic to sulfiting agents should avoid consumption of this food."; or

(B) conspicuous notices on menus, table placards, produce placards, salad bars, or bulk food display containers that state: "Sulfiting agents were used on ________ [specify the food item] served or sold by this establishment. Persons allergic to sulfiting agents should avoid consumption of this food."

(h) The operator of a food establishment shall ensure that labeling and notice information required by this section is printed

(1) legibly in type of sufficient size and prominence to be easily read under normal conditions of sale and display;

(2) on the main part of the label or notice in a color that contrasts with its background; and

(3) in English, except that duplicate labeling in other languages is allowed.

(i) The operator of a food establishment may submit an example of a label or notice intended for use under this chapter for department approval before use.

(j) A food is misbranded if it does not comply with this section or AS 17.20.040 .

History: Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158

Authority: AS 17.20.005

Editor's note: Labeling requirements for distilled spirits, wine, or malt beverages are in 27 C.F.R. and regulated by the United States Bureau of Alcohol, Tobacco, and Firearms.

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