Title 18 . Environmental Conservation

Chapter 31 . Administrative Enforcement

Section 200. Food condition and source

18 AAC 31.200. Food condition and source

(a) The operator of a food establishment shall ensure that food used in the food establishment is wholesome, not adulterated, safe for human consumption, and from an approved source. For purposes of this chapter, "adulterated" has the meaning given in AS 17.20.020 and AS 17.20.030 . In addition, a food is adulterated if it contains

(1) an unapproved food additive or an additive in an amount that exceeds an amount allowed in 21 C.F.R. 170 - 21 C.F.R. 180, adopted by reference in 18 AAC 31.011;

(2) a substance sanctioned by the FDA, or a substance generally recognized as safe by the FDA, in an amount that exceeds an amount allowed in 21 C.F.R. 181 - 21 C.F.R. 186, adopted by reference in 18 AAC 31.011; or

(3) a pesticide residue in an amount that exceeds an amount set out in 40 C.F.R. 180, adopted by reference in 18 AAC 31.011.

(b) In addition to the requirements of (a) of this section, the operator of a food establishment shall

(1) use or sell only

(A) clean, whole eggs with shell intact;

(B) pasteurized liquid, frozen, or dry eggs; or

(C) egg substitutes;

(2) ensure that hermetically sealed food is from a food processing establishment that is permitted or certified by the local, state, or federal agency with jurisdiction;

(3) obtain raw fish from a seafood processor with a current permit issued under 18 AAC 34 or another approved source, unless

(A) fish sport-caught by a client of a sportfishing enterprise is prepared and served to that client;

(B) the fish is donated to a food service at an institution or nonprofit program under 18 AAC 31.205;

(C) salmon from a hatchery permitted by the Alaska Department of Fish and Game is donated to a food bank;

(D) the operator of a food service or market obtains a written exemption from the department after showing that

(i) the maximum amount of fish received in one week does not exceed 500 pounds; and

(ii) fish processing in the food service or market is separated by location or time from other preparation or processing;

(4) ensure that shellfish is from a facility listed in the FDA Interstate Certified Shellfish Shippers List or a facility with a current permit issued under 18 AAC 34, and that

(A) fresh or frozen shucked shellfish in a single-use container is legibly labeled with the processor's name, address, permit number, and either the sell-by date or the date shucked;

(B) each container of fresh or frozen shellstock is identified by a tag or label that

(i) is securely fastened to the container and bears the shipper's permit number, name, and address, the consignee's name and address, the type and amount of shellstock in the container, and the harvest area;

(ii) remains on the container until it is empty; and

(iii) is kept on file at the food establishment for at least 90 days;

(5) obtain meat, poultry, and game meat from a facility under USDA mandatory or voluntary inspection, except for

(A) traditional wild game meat described in 18 AAC 31.205;

(B) reindeer for retail sale at a market described in 18 AAC 31.820; or

(C) meat imported from a foreign country with a program for the inspection of game meat approved by the USDA or the FDA;

(D) reindeer slaughtered or processed in accordance with 18 AAC 32.600 - 18 AAC 32.695;

(6) ensure that fluid milk and fluid milk products meet the Grade A quality standards set in 18 AAC 32; the operator of a food service may reconstitute with potable water, or Grade A or an equivalent powdered milk; and

(7) ensure that reconstituted powdered milk is used within 24 hours after reconstitution.

(c) For food that would otherwise be classified as a potentially hazardous food, but for which evidence from a qualified laboratory demonstrates that rapid growth of infectious or toxigenic microorganisms or the slower growth of Clostridium botulinum will not occur, the operator of a food processing establishment shall

(1) provide to the department

(A) a copy of the laboratory data regarding

(i) pH, water activity, additives to control growth, such as nitrite, salt, chemical preservatives, and antimicrobial compounds; and

(ii) results of challenge studies using infectious or toxigenic microorganisms associated with the food;

(B) written assurance that a standardized processing formula is used consistently;

(C) a copy of the FDA approval, if any, of the specific product, including any restrictions or required labeling; and

(2) ensure that the packaged product is labeled with a sell-by date, holding statement, and manufacturer's code as required by 18 AAC 31.060(d) .

History: Eff. 5/18/97, Register 142; am 5/23/98, Register 146; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 9/6/2003, Register 167

Authority: AS 17.20.005

AS 17.20.010

AS 17.20.020

AS 17.20.030

AS 17.20.040

AS 17.20.072

AS 17.20.180

AS 17.20.345

AS 17.20.346

AS 17.20.347

AS 44.46.020

Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18\n AAC 31.200, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18\n AAC 31 from AS\n 03.05 to AS\n 17.20.

Copies of the federal regulations adopted by reference in 18\n AAC 31.200 may be obtained from the department's Anchorage, Fairbanks, or Juneau office.