Title 18 . Environmental Conservation

Chapter 32 . Administrative Enforcement

Section 605. Permit application requirements

18 AAC 32.605. Permit application requirements

(a) Except as provided in (f) and (g) of this section, a person may operate a slaughtering or processing facility only if the department has issued a valid annual permit for that activity under this section.

(b) An applicant must apply for a permit to operate a slaughtering or processing facility using a form provided by the department. The completed application must

(1) include the permit fee required in 18 AAC 32.610; except as provided in (f)(4) of this section, the department will not review an application until the fee is received;

(2) identify the type of activity to be permitted;

(3) identify the types of products processed in the facility;

(4) include a statement that the operator of the slaughtering or processing facility has

(A) conducted a hazard analysis and developed a hazard analysis critical control point (HACCP) plan as required by 18 AAC 32.660; and

(B) developed and implemented a sanitation plan as required by 18 AAC 32.655;

(5) for a new or extensively remodeled facility, include

(A) a copy of the plans as required under 18 AAC 32.615;

(B) the proposed volume and method of processing;

(C) if applicable, identification of

(i) the field ante-mortem inspection area where the department will view the health and condition of the reindeer during an ante-mortem inspection;

(ii) the stunning or slaughtering area; and

(iii) a vehicle that will protect the unskinned, uneviscerated reindeer from contamination when transporting the carcass to a permitted facility; and

(D) if applicable, a statement that plans have been submitted for department review and approval under

(i) 18 AAC 80 for the facility's public water system;

(ii) 18 AAC 72 for wastewater disposal; and

(iii) 18 AAC 60 for solid waste disposal; and

(6) for a facility that thermally processes low-acid food, include a copy of the

(A) food canning establishment registration (FDA form 2541) and the food canning establishment process filing form (FDA form 2541a) submitted to the FDA under 21 C.F.R. 108.25(c); and

(B) scheduled process from a recognized processing authority with expertise as described in 21 C.F.R. 113.83, adopted by reference in 18 AAC 32.601; for purposes of this subparagraph, recognized processing authorities include the National Food Processors Association and the food science department of an accredited university.

(c) Within 60 days after receiving a complete application, the department will

(1) issue or deny the permit, based on the department's determination as to whether the facility meets the requirements of 18 AAC 32.600 - 18 AAC 32.695; and

(2) assign a permit number to each facility that is permitted; the operator of the facility shall use the permit number to identify products that have been inspected and passed in accordance with 18 AAC 32.675 and 18 AAC 32.685; the department may assign the same permit number to two or more facilities by adding a letter identifying each separate facility to the facility number, if those facilities are operated by the same person.

(d) A permit issued under this section is valid for the calendar year in which the permit is issued. A permit may not be transferred. A person who seeks to be the new operator of a slaughtering or processing facility with an existing valid permit must apply for and be issued a new permit under this section. However, that person is not required to submit plans under 18 AAC 32.615 unless the facility is also proposed to be extensively remodeled.

(e) A permit must be conspicuously posted in public view in the facility. The operator shall post a copy of this chapter at the facility in an area freely and easily accessible by employees for review by employees.

(f) The department will issue a conditional permit under this section if the department determines that a conditional permit serves the interests of public health and consumer protection and if

(1) for a new or renovated slaughtering or processing facility, the initial inspection or plan review under 18 AAC 32.615 indicates

(A) the facility is not in compliance with this chapter;

(B) a critical violation or imminent health hazard does not exist; and

(C) the operator agrees to correct violations within the time period specified on the inspection form in 18 AAC 32.690(g) ;

(2) for an existing facility, a letter of agreement, negotiated order, compliance order, uniform summons and complaint, or other enforcement and compliance action has been issued by the department and signed by the operator of the slaughtering or processing facility for a violation of 18 AAC 60, 18 AAC 72, 18 AAC 80, or this chapter;

(3) drinking water, wastewater disposal, or solid waste plans have been submitted for department review, as required by (b)(5)(D) of this section, but have not been reviewed; or

(4) due to hardship, the operator makes a written request to the department to establish a fee payment schedule not to exceed six months for fees incurred under 18 AAC 32.610; a request submitted under this paragraph must include the

(A) reason for the request; and

(B) proposed fee payment schedule.

(g) In a conditional permit issued under (f) of this section, the department will specify

(1) each violation and the date by which that violation must be corrected in accordance with (f)(1) or (f)(2) of this section; or

(2) the fee payment schedule agreed upon under (f)(4) of this section.

History: Eff. 9/6/2003, Register 167

Authority: AS 03.05.011

AS 03.05.040

AS 17.20.005

AS 17.20.072

AS 17.20.180

AS 44.46.020

AS 44.46.025