18 AAC 31.700. Food processing establishment design and control

(a) In addition to the other applicable requirements of this chapter, the operator of a food processing establishment shall comply with this section.

(b) The operator of a food processing establishment shall ensure that

(1) areas and equipment used to process food for human consumption are not used to process animal feed or inedible products unless the food intended for human consumption is protected from contamination; and

(2) contaminated food and ingredients are rejected or reprocessed to eliminate the contamination.

(c) The operator of a food processing establishment shall ensure that when routine testing is needed to identify sanitation failures or food contamination or to assure product quality, testing facilities and procedures are provided at the facility or at a qualified laboratory.

(d) The operator of a food processing establishment may not use a packaging process or material that

(1) transmits a contaminant or objectionable material to the food;

(2) imparts additives;

(3) fails to prevent food contamination; or

(4) allows the rapid and progressive growth of infectious or toxigenic microorganisms or the slower growth of Clostridium botulinum.

(e) In addition to the labeling requirements listed under 18 AAC 31.060, the operator of a food processing establishment shall ensure that food products made by the processor after January 1, 2001, unless this date is extended by the department as provided under 18 AAC 31.060, are labeled

(1) with a lot number or other code that will allow production lots to be identified if the food is recalled, contaminated, or otherwise found to be unfit for human consumption; the operator shall keep lot records for a period that exceeds the shelf life of the product by six months, or for two years, whichever is less; and

(2) so that known allergens, including fish, tree nuts, mollusks, wheat, milk, crustacea, eggs, and legumes, particularly peanuts and soybeans, used in food product formulations are declared on the label, even if a processing or incidental additive; the name of the ingredient may be accompanied by a parenthetical statement such as "processing aid" for clarity.

(f) The operator of a food processing establishment shall develop and maintain procedures for notifying the department and consumers of a product recall and shall implement those procedures for any product for which the operator or the department knows or has reason to believe might cause illness, injury, or gross consumer deception.

History: Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152

Authority: AS 17.20.005

Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.700, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also amended 18 AAC 31.700(e) . Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.

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