18 AAC 31.910. Examination, detention, and destruction of food

(a) The department may examine and obtain samples of food offered or displayed for sale to the public.

(b) The department may detain a food product or food ingredient if the department determines, or has cause to believe, that the food product or food ingredient is adulterated, misbranded, or processed or harvested in violation of this chapter. Detention under this subsection is subject to the following procedures:

(1) the department will

(A) order affixed in a conspicuous place to the food product or food ingredient a "detained" tag or other appropriate marking that gives notice that the food product or food ingredient has been detained, and that warns against the removal or disposal of the food product or food ingredient without permission from the department or a court; a person may not move, reprocess, relabel, destroy, or otherwise terminate detention of the food product or food ingredient without the department's written consent;

(B) issue a notice of detention and inform the immediate custodian or owner of conditions under which the detention can be terminated; and

(2) the immediate custodian or owner may request a hearing in writing within 30 days after receipt of the notice of detention; the department will hold a hearing within seven days after receipt of a request and will issue its final decision within seven days after the hearing, or within 35 days after the date of the notice of detention, whichever is later;

(3) if, after issuing a notice of detention, the department determines that the food product or food ingredient is not adulterated, misbranded, or processed or harvested in violation of this chapter, the department will notify the immediate custodian or owner and order the detention terminated; and

(4) if the department determines that the food product or food ingredient is adulterated, misbranded, processed, or harvested in violation of this chapter, the department will notify the immediate custodian or owner by personal service or certified mail of the corrective action necessary, which may include destruction of the food product or food ingredient.

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

Authority: AS 03.05.011

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