reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.22 - Rules To Determine Adulteration Of Salvage Or Distressed Foods

Current through Register Vol. 42, No. 9, June 28, 2024
The following foods, generally defined as salvage foods
				  and/or distressed foods, shall be considered adulterated and unsalvageable
				  under the provisions of
Code of Ala. 1975
, §
									20-1-22.
(a) Food in containers with bulging ends or
				lids, including hard swells, springers, or bulges due to severe dents or retort
				buckles, with the exception of beer and carbonated beverage
				containers;
(b) Food in containers
				with visible evidence of product leakage, or stained labels on
				containers;
(c) Food in containers
				showing signs of pitted rust or any sign of rust, with the exception of slight
				rust which may be removed by buffing prior to being offered for sale;
(d) Food in cans having dents or bends
				causing any deformation of side seam or end seams;
(e) Food in containers, bags or packages,
				where the container, bag or package has been torn or damaged, whereby the
				contained food may have been exposed, except that if the owner of such food can
				demonstrate that said food was in a clean environment at the time of exposure,
				the container, bag or package may be repaired or replaced.
(f) Food in containers that reflect evidence
				of exposure to extreme temperatures except foods required to be kept at extreme
				temperatures such as frozen foods.
(g) Food in containers that are soiled and
				noncleanable. Food in containers with screw tops, crimped caps or similar
				containers with soil around the closure, or containers that have been submerged
				in water, chemicals or other liquids are specifically defined as soiled and
				noncleanable.
(h) Foods defiled by
				rodents except that foods in cans or containers that have received rodent
				traffic or been in close proximity to rodents shall not be deemed adulterated
				if the owner or seller of said food is able to demonstrate satisfactory proof
				that all trace of rodent filth has been removed from said cans or
				containers;
(i) Foods packaged in
				jars intended for consumption by infants, the aged or the infirm, in which the
				lot of said jars has been in an environment in which the jars were subject to
				heat, dust, moisture, smoke, chemicals, broken glass or other similar
				conditions, unless the specific manufacturing process required one of the
				above.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											20-1-2,
					 20-1-21.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.23 - Salvageable Food To Be Segregated From Adulterated Food

Current through Register Vol. 42, No. 9, June 28, 2024
Any food offered for sale to consumers as salvage food or
				  distressed food, otherwise salvageable, shall be deemed adulterated so long as
				  it is mixed with and unsegregated from food deemed adulterated under Rule
				  80-1-22-.22.
				  It is the intent of this rule to require persons selling or offering to sell to
				  consumers salvage or distressed food to first inspect and remove all
				  adulterated food from the lot of food being offered for sale prior to its being
				  offered for sale.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											20-1-2,
					 20-1-21.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.24 - Adulterated Foods To Be Properly Disposed Of

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any food determined to be adulterated
				under Rule
				80-1-22-.22 shall be disposed of or destroyed in such a manner as to insure that said food
				cannot be thereafter salvaged and used for human consumption.
(2) The Commissioner or his authorized agent
				may require supervision of the disposal required in this rule.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											20-1-2,
					 20-1-21.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.25 - Record Keeping Requirement For Salvage And Distressed Food Operators

Current through Register Vol. 42, No. 9, June 28, 2024
All persons or firms engaged in the business of selling or
				  offering to sell food commonly known as salvage food or distressed food shall
				  keep accurate records pertaining to the source and history of all shipments of
				  said food received by them and to include records of the disposition of said
				  food that was later disposed of or destroyed as unsalvageable or adulterated.
				  Said records shall be kept for a minimum of three years and be available for
				  inspection and/or copying during business hours by the Commissioner of
				  Agriculture and Industries or his authorized agents.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-6,
					 20-1-2,
					 20-1-3.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.26 - Adoption Of Guidelines For Evaluation Of Damaged Food Containers

Current through Register Vol. 42, No. 9, June 28, 2024
As much as practical and possible, that publication entitled
				  Guidelines For Evaluation And Disposition Of Damaged Canned Food Containers,
				  published by the National Food Processors Association, shall be used for
				  implementation and interpretation of Rules
				  80-1-22-.22,
				  80-1-22-.23,
				  80-1-22-.24 and
				  80-1-22-.25,
				  insofar as this publication does not conflict with any rule or law.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											20-1-2.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.27 - Special Requirements For Potentially Hazardous Foods

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For the purposes of this Rule,
				"Potentially hazardous food" shall be as defined in Rule
				80-1-22-.34 herein.
(2) The temperature of
				potentially hazardous food shall be held at an ambient temperature of 45° F
				or below at all times when being transported, stored or displayed for sale
				except for brief periods of loading or unloading.
(3) The temperature of potentially hazardous
				frozen food shall be 0° F or below at all times when being transported,
				stored or displayed for sale except for defrost cycles and brief periods of
				loading and unloading.
(4)
				Potentially hazardous food that is transported, stored or displayed in
				violation of this rule shall be deemed adulterated under the provisions of
Code of Ala. 1975
, §
									20-1-22.
(5) Any person, firm, corporation or
				association engaged in the business of storing, transporting or displaying for
				sale potentially hazardous food on the effective day of this rule that is not
				meeting the requirements of this rule shall be granted a reasonable time not to
				exceed sixty (60) days after the effective date, to be determined by the
				Commissioner of Agriculture & Industries, in his discretion, to meet said
				requirements.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											20-1-2.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.28 - Special Requirements For Potentially Hazardous Foods Regarding Open Dating

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed 12/20/00).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											20-1-2.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.29 - Adoption Of Federal Regulations For Food Labeling, Food Standards, And Foods Requiring Special Labeling

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Code of Federal Regulations 21 Parts 100 to 169 revised as of April 1, 1993, is
				hereby adopted by reference. These regulations include the recently adopted
				requirements for nutritional labeling, health claims labeling, and nutrient
				claim labeling. Other regulations in the referenced rules include standards of
				identity for certain foods and special labeling requirements for foods such as
				infant formula and other foods for special dietary use.
(2) Copies of CFR 21 parts 100-169 are
				available from Superintendent of Documents, Attn: New Orders, P. O. Box 371954,
				Pittsburgh, PA 15250-7954. Charge orders may be telephoned to the Government
				Printing Office order desk at (202) 783-3238.
Author:
Marise Mims Sandidge
Statutory Authority:
Code of Ala.
					 1975
, §
											20-1-2
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.30 - Special Requirements For Over-The-Counter (OTC) Drugs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For the purpose of this Rule, Open-Date
				Statement shall mean the terms "Sell By _______________"; "Not to be Sold After
				_____________"; "Best If Used By ____________"; "Expiration __________"; or
				words of similar import; or a date without additional words shall be considered
				under the jurisdiction of the Rule.
(2) Code of Federal Regulations 21 Part
				211.137 is hereby adopted for use herein and non-exempt, Over-The-Counter (OTC)
				drugs shall bear expiration dates as set forth therein.
(3) OTC drugs shall be considered as not
				meeting requirements for strength and purity once it reaches the expiration
				date.
(4) OTC drugs are not to be
				sold or offered for sale at retail or wholesale after the date stated on the
				product label.
(5) OTC drugs
				offered for sale in violation of this Rule shall be deemed adulterated under
				the provision of
Code of Ala. 1975
, Section
				20-1-24.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §§
											20-1-24;
					 20-1-25.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.31 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
Permits Required for Food Sales Establishment; fee; duration;
				  delinquent penalty; nontransferability of issued permits.
(1) It shall be unlawful for any person to
				operate a food sales establishment that sells or offers for sale any Class A
				food (i.e. baby food, infant formula or potentially hazardous foods) unless
				such person possesses a valid food safety permit issued by the Commissioner of
				Agriculture and Industries. A food safety permit will be required for each
				business location and shall not be transferable with respect to person, food
				sales establishment, or location. Food sales establishments that are sold will
				require that the new owner apply for and obtain a new food safety
				permit.
(2) Any person who operates
				a food sales establishment shall apply for and obtain from the Commissioner
				annually a food safety permit on forms furnished for this purpose accompanied
				with the annual fee of fifty dollars ($50). Such permit fee shall not be
				refundable or prorated. All permits shall expire on June 30 and shall be
				renewed by July 1 upon payment of the annual permit fee and upon compliance
				with requirements of this chapter and Chapter 1, Title 20,
Code of
				Ala. 1975
, as amended. If the permit fee is not paid by August 1
				or within 31 days from date on which the fee is due, a delinquent penalty of
				15% shall be added to the amount due.
(3) The food safety permit shall be kept
				posted by the proprietor in a conspicuous place within the food sales
				establishment but shall remain the property of the Department of Agriculture
				and Industries.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											20-1-2 and Act #2000-320, Regular Session of the Legislature, 2000.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.32 - Classifications Of Violations For Out-Of-Date Class "A" Food And Misbranded Or Adulterated Foods

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
				"Equivalent number" shall be determined using a factor that takes into account
				the number of packages, case lots, containers or such other packaging and the
				length of time said products have passed an expiration date. The following
				factors shall be used to determine an "equivalent number":
(a) For each package that has passed the
				expiration date by four to seven days the factor would be 0.75
(b) For each package that has passed the
				expiration date by eight to fourteen days the factor would be 1
(c) For each package that has passed the
				expiration date by greater than fourteen and less than 30 days the factor would
				be 1.5
(d) For each package that
				has passed the expiration date by 30 days or more the factor would be
				2
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.33 - Open Date Statement-List Of Additional Descriptive Terms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In addition to
				the terms listed in §
									20-1-20 (definitions) for (14) open-date-statements, the following list of terms and
				other terms with similar import, shall also be included and considered as
				open-date statements:
(a) "For full fresh
				flavor use by"
(b) "For best
				quality purchase and use by date shown"
(c) "Use/freeze by"
(d) "Prepare or freeze by"
(e) "For wholesome great taste, serve before
				date stamped below"
(f) "Best when
				purchase by date"
(g) "Best if sold
				by"
(h) "Best used by"
(i) "Product expiration"
(j) "Expiration date"
(k) "Best by"
(l) "Best before"
(m) "Best when purchase by"
(n) "Use before"
(o) "Use by"
(p) "Full freshness until date shown when
				stored unopened at 40 or below"
(q)
				"Prepare by"
(r) "Fresh
				until"
(s) "Use or freeze
				by"
(t) "Sell or use by"
(u) "Freshness through"
Author:
Reginald L. Sorrells
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.34 - Definition Of Potentially Hazardous Food Under Alabama Safe Foods Act Of 2000

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Potentially
				Hazardous Food as defined in subparagraph 1-201.10(B)(61) Food Code, 1999
				recommendations of the United States Public Health Service Food and Drug
				Administration, National technical Information Service Publication PB 99-115925
				and the same is hereby adopted and fully set out herein for
				reference:
(2) "Potentially
				Hazardous Food.
(a) "Potentially hazardous
				food" means a FOOD that is natural or synthetic and that requires temperature
				control because it is in a form capable of supporting:
(i) The rapid and progressive growth of
				infectious or toxigenic microorganisms;
(ii) The growth and toxin production of
				Clostridium botulinum; or
(iii) In
				raw shell eggs, the growth of Salmonella Enteritidis.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.35 - List Of Potentially Hazardous Foods And Exceptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following includes, but for
				enforcement purposes, is not limited to, a list of examples considered to be
				potentially hazardous foods, and some exceptions.
(a) All Meat products requiring refrigeration
				to include but not limited to the following:
1. Fresh or frozen raw meats (poultry, beef,
				pork, exotics)
2. Ready to eat
				cooked meats (fresh or frozen) any specie
3. Cured meats that require
				refrigeration
4. Cooked or heat
				treated meats that require refrigeration
5. Processed sausage products that require
				refrigeration
6. Fresh refrigerated
				or frozen chili products
7.
				Sandwiches containing meats or other potentially hazardous foods
8. Seafood
9. Shellfish
10. Smoked fish that requires
				refrigeration
11. Fish (fresh or
				frozen)
12. Fresh or frozen entrees
				that contain meat
13. Lunchables
				(variety packs of meats plus)
14.
				Meat salads such as chicken salad, tuna salad, ham salad
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.37 - Exemptions For Shipping Labels, And Other Non-Official Labels

Current through Register Vol. 42, No. 9, June 28, 2024
Information affixed to containers of meat and poultry food
				  products and case lots of other food products that is not a part of the
				  approved label and is not intended to address quality or condition of the
				  product such as pic labels, routing slips, tracking stickers and similar
				  devices that are intended to provide only shipping data are considered exempt
				  from the dating requirements of the Alabama Safe Foods Act of 2000, except when
				  the commissioner determines such information is subject to be displayed at the
				  retail level and may mislead consumers.
Author:
Reginald L. Sorrells
Statutory Authority:
Act #2000-320, Regular
					 Session of Legislature, 2000.
NOTE:
Only shipping data are considered exempt
					 from the dating requirements of the Alabama Safe Foods Act of
					 2000.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.38 - General Provisions For Hearings On Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) These rules apply to the initiation,
				hearing and resolution of certain contested cases of the State Department of
				Agriculture and Industries under the Alabama Administrative Procedure Act.
				These rules apply to actions governed by
Code of Ala.
				1975
, §§
									20-1-1 through
				20-1-37 and rules promulgated thereunder. These rules do not apply to actions governed
				by
Code of Ala. 1975
, §
									2-2-18,
				or rules promulgated thereunder or actions governed under other specific rules
				of the State Board of Agriculture and Industries.
(2) Statutory Authority. These rules are promulgated and
					 adopted pursuant to the authority of
Code of Ala.
					 1975
, §§
											20-1-1 through
					 20-1-37,
					 and §§
											41-22-1,
et
seq
., and other specific
					 enabling statutes.
(3) Administration. The General Counsel of the Department
					 of Agriculture and Industries will coordinate the hearing of contested cases
					 within the purview of the Alabama Administrative Procedure Act,
Code of Ala. 1975
, §§
											41-22-1,
et
seq
. Said proceedings
					 encompass food safety permit proceedings, and all other hearings required by
					 law to be held pursuant to the provisions of
Code of Ala.
					 1975
, §§
											20-1-1 through
					 20-1-37,
					 the Department of Agriculture and Industries.
(4) Correspondence. Correspondence and filing or service on
					 the General Counsel shall be at the following address:
1445 Federal Drive, Room 108
Montgomery, Alabama 36107-1100
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											41-22-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.39 - Service On Food Safety Permittee Or Other Party

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Service of any document required to be
				served on a food safety permittee or other party pursuant to the provisions of
				the Administrative Procedure Act in those contested cases,
Code of
				Ala. 1975
, §§
									41-22-1,
et
seq
., taken under these
				rules may be made by any of the following methods unless a specific method is
				required by law:
(a) by certified mail, return
				receipt requested; or
(b) by any
				sheriff or another person authorized to make service of process in civil
				proceedings; or
(c) by any
				representative of the Department of Agriculture and Industries; or
(d) by any other method allowable under the
				Alabama Rules of Civil Procedure as such may be amended.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.40 - Time

Current through Register Vol. 42, No. 9, June 28, 2024
Time within which an Act must be done under the provisions of
				  these rules shall be computed in the manner prescribed by
Code of
				  Ala. 1975
, §
									1-1-4.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											41-22-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.41 - Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A contested
				case is an action whereby a food safety permittee or prospective permittee, or
				other affected person is aggrieved by an action of the staff of the Department
				of Agriculture and Industries. Such actions include: the granting or denial of
				food safety permits; the change in status of a permit; or revocation,
				suspension or modification of a permit.
(2) An action to revoke, suspend, or modify a
				food safety permit by the Department shall be initiated by the service of a
				notice of intent to revoke, or modify, or suspend the permit or to take other
				adverse action on the permittee.
(3) Contested cases initiated by the
				permittee, or prospective permittee shall be initiated by the filing of a
				notice of appeal with the Department's General Counsel with filing of a copy
				upon the Department. The notice of appeal must be filed with the General
				Counsel within 15 days of the unfavorable determination by the Department.
				Failure to timely file a notice of appeal with the General Counsel waives the
				right of appeal and the determination becomes final.
(4) Contested cases initiated by an affected
				party other than the permittee, or prospective permittee, or the Department
				shall be so initiated by the filing with the General Counsel of a notice of
				appeal of an administrative decision by the staff of the Department within 15
				days of the issuance of such staff decision. Copies of such notice of appeal
				shall be served on the permittee or prospective permittee and any other
				affected parties. Failure to timely file a notice of appeal waives such
				person's right of appeal.
(5) The
				General Counsel will schedule a hearing not less than 15 days nor more than 35
				days from the filing of the notice of a contested case unless a different time
				is required by statute or unless the parties agree to a time. Continuances will
				be granted for good cause.
(6) Upon
				scheduling the hearing, the General Counsel shall send written notice to all
				parties. The notice shall include at a minimum, the following:
(a) a statement of the time, place and nature
				of the hearing;
(b) a statement of
				the legal authority and jurisdiction under which the hearing is to be
				held;
(c) a reference to the
				particular sections of the statutes and rules involved; and
(d) a plain statement of the factual matters
				asserted.
Author:
Reginald L. Sorrells
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.42 - Evidence In Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
The only evidence that the Hearing Officer shall consider in
				  making a finding of shall be sworn testimony and exhibits accepted in the
				  hearing or as otherwise agreed upon among the parties.
(a) Hearsay Evidence. Hearsay testimony shall
				be allowed in any hearing so long as it has probative value as justice required
				in the opinion of the hearing officer.
(b) Affidavits and other Written Evidence.
1. Affidavits shall be admissible in any
				hearing so long as they have probative value and the affiant, for reasons of
				impossibility or impracticality, cannot be present for testimony at the
				hearing. The burden of impossibility or impracticality shall be upon the
				offerer of the affidavit.
2. Signed
				letters from physicians on the physician's letterhead shall be considered as an
				affidavit.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.43 - Intervention

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon timely
				application therefor filed with the General Counsel, any affected person shall
				be permitted to intervene in any hearing to contest an administrative action of
				the Department when a statute confers an unconditional right to intervene, or
				when the applicant has an individual interest in the outcome of the hearing as
				distinguished from a public interest and the representation of the interest of
				the applicant by persons already made parties is inadequate.
(2) An application to intervene shall
				contain:
(a) the name, mailing address, and
				telephone number of the applicant;
(b) a short and plain statement identifying
				the administrative action of the Department being contested and, if possible,
				the name of the person who filed the request for a hearing to contest such
				action;
(c) a short and plain
				statement of the grounds for the application, including reference to any
				statute which confers an unconditional right to intervene or a statement of the
				individual interest of the applicant in the outcome of the hearing and a
				statement of why the representation of the interest of the applicant by persons
				already parties in the hearing is adequate; and
(d) the name, mailing address, and telephone
				number of the applicant's attorney, if represented by an attorney.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.44 - Consolidation Of Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
The Commissioner of Agriculture and Industries may order
				  consolidation, in whole or in part, of two or more hearings to contest an
				  administrative action of the Department whenever it appears that such
				  consolidation would expedite or simplify consideration of the issues and no
				  party would be prejudiced thereby.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											41-22-12.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.45 - Informal Settlement Conferences

Current through Register Vol. 42, No. 9, June 28, 2024
Informal settlement conferences before the staff of the
				  Department of Agriculture may be held in an attempt to resolve contested cases.
				  Such informal settlement conferences shall not be of record and shall not be
				  adversarial in nature but shall be utilized to resolve the contested case prior
				  to formal hearings for the record.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											41-22-12.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.46 - Hearing Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
				hearing officer appointed by the Commissioner of Agriculture and Industries
				shall preside at contested food safety case hearings. The hearing officer shall
				serve as trier of fact.
(2) All
				parties will be afforded an opportunity to respond and present witness and
				evidence and argument on all material issues involved and to be represented by
				counsel at their own expense. The Department will be represented by the General
				Counsel or his designee.
(3) If a
				party fails to appear in a contested case proceeding after proof of proper
				service of notice, the hearing officer may proceed with the hearing and make a
				decision in the absence of the party.
(4) The hearing officer shall conduct the
				evidentiary hearing substantially as follows:
(a) open the record and receive
				appearances;
(b) direct the giving
				of oaths;
(c) receive testimony and
				exhibits presented by the parties;
(d) interrogate witnesses, if deemed
				necessary;
(e) rule on motions and
				objections;
(f) require oral
				arguments and submission of briefs and other authority when
				necessary;
(g) close the
				proceedings; and
(h) prepare
				written findings of fact and conclusions of law and present them, with a
				recommendation and proposed order, together with the complete record, to the
				Commissioner of Agriculture and Industries.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.47 - Resolution Of Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) On presentation of the hearing officer's
				findings of fact and conclusions of law, recommendation and proposed order, the
				General Counsel will mail copies to each party.
(2) The parties will have 15 days from the
				date of mailing in which to present to the Commissioner of Agriculture and
				Industries written objections to the proposed order, alternative language or
				briefs. The Commissioner of Agriculture and Industries, in his discretion, may
				permit oral argument.
(3) Upon
				receiving the hearing officer's findings of fact and conclusions of law,
				recommendation, proposed order and the complete hearing record, and the
				parties' objections, alternative language, briefs and oral argument, if
				allowed, the Commissioner of Agriculture and Industries will enter his order
				which may accept, reject, or modify the proposed order of the hearing officer.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											41-22-12.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.49 - Standards For The Growing, Harvesting, Packing, And Handling Of Produce For Human Consumption

Current through Register Vol. 42, No. 9, June 28, 2024
To conduct inspections on farms, packing houses, holding and
				  storage facilities according to rules established by the Food Safety
				  Modernization Act (FSMA), Product Safety Rule (PSR) in Alabama, the following
				  U.S. Food and Drug Administration regulations are incorporated by references
				  and shall be enforced by the Alabama Department of Agriculture and Industries:
				   21 C.F.R. Part 112, Sections §112.1 - §
									112.213.
Author:
N. Gunter Guy
Statutory Authority:
Code of Ala.
					 1975
, §
											20-1-3.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-1 - CONTROL OF BRUCELLOSIS IN CATTLE AND SWINE › Section 80-3-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this regulation is to provide procedures and
				  rules that are to be followed to control, identify and eradicate brucellosis in
				  cattle and swine, including testing, handling and various responsibilities of
				  markets, testers and individuals.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-15-170,
					 2-2-16.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-1 - CONTROL OF BRUCELLOSIS IN CATTLE AND SWINE › Section 80-3-1-.02 - Previous Regulations Withdrawn And Amended

Current through Register Vol. 42, No. 9, June 28, 2024
Animal Industry Regulation No. 1, dated November 10, 1981,
				  which was amended on February 12, 1982, is amended by this regulation. That
				  regulation entitled Rules and Regulations for the Eradication Of Brucellosis
				  and Bangs Disease in Cattle as amended, dated January 4, 1980, is specifically
				  repealed and all other regulations, or any part thereof, in conflict with these
				  rules shall be deemed to have been repealed by the following rules.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16,
					 2-15-170.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-1 - CONTROL OF BRUCELLOSIS IN CATTLE AND SWINE › Section 80-3-1-.03 - Establishment Of Brucellosis Eradication Program

Current through Register Vol. 42, No. 9, June 28, 2024
The State Board of Agriculture and Industries, under the
				  provisions of
Code of Ala. 1975
, §
									2-15-192,
				  hereby authorizes the Commissioner of Agriculture and Industries and the State
				  Veterinarian to conduct a brucellosis eradication program in all counties or
				  areas in the state. They are also authorized and empowered to quarantine the
				  movement of cattle and swine into and within any designated county or area in
				  the State of Alabama in order to establish such a brucellosis eradication
				  program, and to do any and all other acts, or take any and all other steps
				  necessary to accomplish these ends.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-15-170,
					 2-15-192.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-1 - CONTROL OF BRUCELLOSIS IN CATTLE AND SWINE › Section 80-3-1-.04 - Obligations Of Owners Of Cattle In Testing Program

Current through Register Vol. 42, No. 9, June 28, 2024
When it is determined by the State Veterinarian that it is
				  necessary to test a herd of cattle to determine whether or not brucellosis is
				  present, the owners of cattle therein shall be responsible for the
				  following:
(a) Submit all cattle over
				six months of age, except steers, for a blood test or vaccination for
				brucellosis as may be required and as often as deemed necessary by the State
				Veterinarian and the United States Department of Agriculture, Animal and Plant
				Health Inspection;
(b) Be
				responsible for the penning and restraining of all cattle for blood samples to
				be drawn or vaccinations to be administered;
(c) Submit all cattle which react to the
				agglutination test for brucellosis for branding with the letter B not less than
				two inches high on the left jaw and remove all such reactors from the herd
				within 15 days after having been classified as reactors;
(d) Isolate and hold in strict quarantine,
				unless retested and passed, all cattle classed as suspects;
(e) Sell all brucellosis reactors for
				immediate slaughter;
(f) Clean and
				disinfect, under supervision of the State Veterinarian or his authorized
				representative, the premises on which reactors were kept immediately following
				the removal of such reactors.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-15-170,
					 2-15-192.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-1 - CONTROL OF BRUCELLOSIS IN CATTLE AND SWINE › Section 80-3-1-.05 - Requirements After Cattle Are Found To Be Infected

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All cattle which react to the brucellosis
				test shall be branded with heat, the letter B not less than two inches high on
				the left jaw, and identified by a reactor tag placed in the left ear, and sold
				for slaughter after tagging and branding.
(2) Herds known to be infected with
				brucellosis shall be quarantined and no animal shall be moved from such herds,
				except on permit from the State Veterinarian or his authorized agent. The
				quarantine shall remain in effect until three consecutive negative herd tests
				are obtained, with the last testing being not less than six months after
				removal of the last reactor.
(3)
				Reactor animals shall be sold for immediate slaughter only to approved
				slaughtering establishments approved to receive reactor animals, except,
				however, reactor animals may be moved enroute to slaughter through livestock
				markets approved to handle such animals.
(4) Cattle which react to the brucellosis
				test must be held in strict quarantine in livestock markets or elsewhere,
				separate and apart from animals not known to be infected with
				brucellosis.
(5) All premises where
				cattle are found to react to the brucellosis test shall be cleaned and
				disinfected where practicable to do so under the supervision of a
				representative of the State Veterinarian at the expense of the owner.
(6) All brucellosis testing shall be done by
				the state-federal brucellosis laboratories, except, however, qualified
				veterinarians, and regular paid state or federal employees may be authorized by
				the State Veterinarian to conduct brucellosis tests for certain purposes when
				samples and test results are forwarded to the state-federal laboratory for
				confirmation.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-15-192.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-1 - CONTROL OF BRUCELLOSIS IN CATTLE AND SWINE › Section 80-3-1-.06 - Indemnification (Cattle)

Current through Register Vol. 42, No. 9, June 28, 2024
Indemnity may be paid to owners of cattle that have been
				  condemned and slaughtered because of tuberculosis, paratuberculosis, or
				  brucellosis when the entire herd of such owners has been placed under an
				  eradication program, or when the herd is tested under an area eradication
				  program, and the requirements of Rule
				  80-3-1-.07 have been met.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-15-170.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-1 - CONTROL OF BRUCELLOSIS IN CATTLE AND SWINE › Section 80-3-1-.07 - Additional Requirements For Indemnification

Current through Register Vol. 42, No. 9, June 28, 2024
Cattle which react to the test for brucellosis in order to be
				  eligible for indemnity shall be reported in accordance with Title 9, Subchapter
				  B, Part 51, of the Code of Federal Regulations as now written or as may
				  hereafter be revised or amended; except, however, §§51.5(a) and
				  51.6(c) of said Part 51 shall be discretionary with the State Veterinarian with
				  respect to time limitations for identification and destruction of such cattle
				  so long as it does not adversely affect the brucellosis eradication program.
				  Cattle which react to the test for tuberculosis or paratuberculosis in order to
				  be eligible for indemnity shall be reported in accordance with Title 9,
				  Subchapter B, Part 50, of the Code of Federal Regulations as now written or as
				  may hereafter be revised or amended.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-15-170.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-1 - CONTROL OF BRUCELLOSIS IN CATTLE AND SWINE › Section 80-3-1-.08 - Conditions Requiring Testing Of Herds

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All dairy herds that react suspiciously
				to the brucellosis milk ring test shall be subjected to a blood test of the
				entire herd within 30 days of the test.
(2) All herds in which the State Veterinarian
				has reason to believe that brucellosis exists or that have been exposed to
				brucellosis shall be subjected to a blood test of the entire herd.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-15-192.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-1 - CONTROL OF BRUCELLOSIS IN CATTLE AND SWINE › Section 80-3-1-.09 - Calfhood Vaccination

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To be
				official and accepted, female calves kept for breeding purposes must be
				vaccinated against brucellosis when said calves are between the ages of four
				and ten months, using a U.S.D.A. Veterinary Biologics licensed Brucella abortus
				vaccine approved by the State Veterinarian.
(2) Only brucella abortus vaccine approved by
				the State Veterinarian shall be used and no brucella abortus vaccine shall be
				sold or used in the State of Alabama unless the sale or use of such vaccine is
				authorized by the State Veterinarian. No brucella abortus vaccine shall be
				imported or caused to be imported into Alabama unless such importation shall be
				authorized by the State Veterinarian.
(3) All calves which are officially
				vaccinated shall be identified by tattooing in the right ear the letter V
				(which shall be a shielded V furnished by the State of Alabama or the federal
				government), preceded by the number representing the quarter of the year, and
				followed by the last figure of the year. For example, 4V8 would mean that the
				calf was officially vaccinated in the last quarter of 1978.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §
											2-15-191.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-1 - CONTROL OF BRUCELLOSIS IN CATTLE AND SWINE › Section 80-3-1-.10 - Testing Of Cattle That Change Ownership

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All bulls and female cattle 18 months of
				age or older, and female cattle that are springers that arrive at livestock
				markets in Alabama from farms shall be identified by official backtag as
				required in  Title 9, Code of Federal Regulations, Part 71.18 . All bulls and
				female cattle 18 months of age or older that arrive at slaughtering plants in
				Alabama from farms shall be identified to the farm of origin and handled
				according to Title 9 Code of Federal Regulations, 310.2 (9
				CFR 310.2).
(2) No person or persons, except those
				authorized by the State Veterinarian or Federal Veterinarian in charge, shall
				remove an official backtag from any animal. All blood samples taken shall be
				forwarded by the veterinarian or person doing the bleeding to the approved
				laboratory, whether or not previously tested, for brucellosis testing as deemed
				necessary by the State Veterinarian. Cattle may also be identified by any other
				method as may be prescribed by the State Veterinarian.
(3) All cattle 18 months of age or older
				except steers and spayed heifers returning to farms from a livestock market,
				shall originate from a Certified Free State or Certified Free Herd or to be
				tested negative to an official brucellosis test.
(4) Brucellosis reactor cattle revealed on
				tests at livestock markets shall be handled as provided under Rule No.
				80-3-1-.05.
(5) Exposed cattle are bulls and females over
				six months of age that are part of an infected group or consignment of cattle
				or that have been in contact with a brucellosis animal in marketing channels
				for more than 24 hours. They shall be handled as set out below. Exposed cattle
				revealed in marketing channels may be returned to the farm of origin under
				quarantine for further testing. All exposed cattle not returning to herd of
				origin shall be identified by branding with heat, the letter "S" on the left
				jaw. Cattle branded "S" shall only move under permit to slaughter or to a
				quarantine feedlot meeting the requirements of the Code of Federal Regulations,
				Title 9, Part 78 (  9 CFR 78).
(6)
				It shall be the responsibility of livestock markets and slaughtering
				establishments to carry out subsections (1) and (5) of this Rule. The cost of
				blood sample collection for brucellosis tests required by subsections (1) and
				(5), shall be borne by the Alabama Department of Agriculture and Industries or
				the United States Department of Agriculture, Animal and Plant Health Inspection
				Service, to the extent that funds are available. The cost of blood sample
				collection under subsections (1) and (5) shall be borne by the seller of the
				cattle tested when federal and/or State funds are not available for this
				purpose.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											2-15-170.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-1 - CONTROL OF BRUCELLOSIS IN CATTLE AND SWINE › Section 80-3-1-.11 - Added Requirements For Cattle And Swine Brought Into Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A permit, to be
				obtained from the State Veterinarian as described in the Brucellosis
				Eradication Recommended Uniform Methods and rules of the Animal and Plant
				Health Inspection Service, United States Department of Agriculture, must first
				be obtained for any test-eligibility cattle entering Alabama.
(2)
Code of Ala.
				1975
, §
									2-15-155,
				states, in substance, that all livestock brought into the state must be
				accompanied by a certificate of health made by a qualified veterinarian
				reflecting that the livestock are free from disease. The above required
				certificate of health, to be accepted by the State Veterinarian, accompanying
				bulls and female breeding cattle, over 18 months of age, besides being
				identified by ear tag, tattoo, brand, or other acceptable permanent means, must
				also reflect on the health certificate one of the following:
(a) They originated directly from officially
				certified brucellosis free herds; or
(b) They originated from certified
				brucellosis-free or modified certified brucellosis areas and are not under
				quarantine for brucellosis and are negative to an official test for brucellosis
				within 30 days of entry; or
(c)
				They are official vaccinates of the beef breeds under 24 months of age and
				other breeds under 20 months of age which are not parturient or
				post-parturient, and originate from herds not under quarantine; or
(d) They originated from a qualified herd in
				a noncertified area for which the state has records showing that the herd has
				been tested for brucellosis in accordance with the procedures for herd tests
				initial modified certified brucellosis status specified in the Uniform Methods
				and Rules and that the animals being imported have a negative brucellosis test
				within 30 days of entry; or
(e)
				They are bulls or females under 18 months of age.