reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.985 - Potentially Hazardous Food

Current through May 31, 2024
(a) For purposes of
				this chapter, a food is a potentially hazardous food if it requires time or
				temperature control for safety to limit pathogenic microorganism growth or
				toxin formation.
(b) Potentially
				hazardous food includes
(1) a food of animal
				origin that is raw or heat-treated, a food of plant origin that is heat-treated
				or consists of raw seed sprouts, cut melons, or garlic-in-oil mixtures that are
				not modified in a way that results in mixtures that do not support pathogenic
				microorganism growth or toxin formation; and
(2) except for a food for which the
				department has granted a variance under
				18 AAC 31.930, a food that,
				because of the interaction of its water activity and pH values, is designated
				as PA in Table L or M of this section.
TABLE L
INTERACTION OF pH AND WATER ACTIVITY FOR
CONTROL OF SPORES IN FOOD HEAT-TREATED TO
DESTROY VEGETATIVE CELLS AND SUBSEQUENTLY
PACKAGED
WATER ACTIVITY
VALUES pH VALUES
4.6 or less greater than 4.6
and no greater
than 5.6
greater than 5.6 0.92 or less
non-PHF*
non-PHF*
on-PHF*
greater than 0.92
and no greater than
0.95
non-PHF* non-PHF* PA** greater than 0.95
non-PHF*
PA**
PA**
*non-PHF means non-potentially hazardous food **PA means a
				  variance granted under
				  18 AAC 31.930 is required
to consider the food non-PHF
TABLE M
INTERACTION OF pH AND WATER ACTIVITY FOR
CONTROL OF VEGETATIVE CELLS AND SPORES IN FOOD
NOT HEAT-TREATED OR HEAT-TREATED BUT NOT
PACKAGED
WATER
ACTIVITY
VALUES pH VALUES
less than 4.2 no less than 4.2
and no greater
than 4.6 greater than
4.6 and no
greater than
5.0
greater than
5.0 less than 0.88
non-PHF*
non-PHF*
non-PHF*
non-PHF*
no less than
0.88 and no
greater than 0.90
non-PHF* non-PHF* non-PHF* PA** no less than
0.90 and no
greater than
0.92
non-PHF* non-PHF* PA** PA** greater than
0.92 non-PHF* PA** PA** PA** *non-PHF means nonpotentially
				  hazardous food **PA means a variance granted under
				  18 AAC 31.930 is required to
				  consider the food non-PHF
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.990 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this
				  chapter
(1) "acid food" means a food
				that has a natural pH of 4.6 or below;
(2) "acidified food" has the meaning given in
				21
				C.F.R. 114.3, adopted by reference in
				18 AAC
				31.011
(3)
				"adequate" means that which is necessary to accomplish the intended purpose, in
				keeping with good public health practices, while complying with this
				chapter;
(4) "adulterated" has the
				meaning given in
				AS
				17.20.020 and
				AS
				17.20.030; in addition, "adulterated" means
				food that contains
(A) contains an unapproved
				food additive or an additive in an amount that exceeds an amount allowed in 21
				C.F.R. Parts 170 - 180, adopted by reference in
				18 AAC
				31.011;
(B) contains 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. 181.22-
				181.34.
				 21 C.F.R. Part 182,  21 C.F.R. Part 184 . or  21 C.F.R. Part 186, adopted by
				reference in
				18 AAC
				31.011;
(C) contains a pesticide residue in an amount
				that exceeds an amount set out in
				40 C.F.R.
				180.1 and
				180.101
				-
				180.708,
				adopted by reference in
				18 AAC
				31.011;
(D) contains a food additive that is unsafe
				under
				21 U.S.C.
				348(a), adopted by reference
				in
				18 AAC
				31.011, or that is prohibited by the
				department:
(E) contains a color
				additive that is unsafe under
				21
				U.S.C. 379e(a), adopted by
				reference in
				18 AAC
				31.011, or that is prohibited by the
				department;
(F) was accidentally or
				intentionally subjected to radiation, unless the use of radiation was in
				compliance with  21 C.F.R. Part 179, adopted by reference in
				18 AAC
				31.011;
(G) for a food that is exported, is not in
				compliance with
				21 U.S.C. 381(e)(1) and
				(2), adopted by reference in
				18 AAC
				31.011; or
(H) does not meet the requirements of this
				chapter;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 1 - Milk and Milk Products › 18 AAC 32.010 - Purpose and applicability of 18 AAC 32.010 - 18 AAC 32.070

Current through May 31, 2024
(a) The purpose of
				18 AAC 32.010 -
				18 AAC 32.060 is to safeguard
				public health and safety by ensuring that milk and milk products from a cow,
				goat, or sheep, that are to be sold as part of commerce and intended for human
				consumption, are manufactured, sold, and delivered in a safe and wholesome
				condition.
(b) The provisions of
				18 AAC 32.010 -
				18 AAC 32.060 apply to
(1) each milk producer, each wholesale milk
				distributor, and each owner or operator of a milk processing plant, receiving
				station, or transfer station whose milk or milk products are to be sold as part
				of commerce and are intended for human consumption;
(2) each milk hauler who
(A) collects, for the milk producer, milk
				processing plant, or the department, samples the raw milk for pasteurization or
				for bacterial, chemical, temperature standards, or compliance testing;
				or
(B) hauls milk from a milk
				producer or other milk distributor to a milk processing plant, receiving
				station, or transfer station; and
(3) a processor of a milk product.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 1 - Milk and Milk Products › 18 AAC 32.020 - Adoption of the Grade A pasteurized milk ordinance and associated documents

Current through May 31, 2024
(a) A person described in
				18 AAC 32.010(b)
				shall follow the applicable requirements set out in the following documents,
				adopted by reference:
(1) Grade "A"
				Pasteurized Milk Ordinance (PMO), 2011 revision, as amended from time to time,
				published by the United States Department of Health and Human Services, Public
				Health Service, Food and Drug Administration, except that
Click here to
				view Grade "A" Pasteurized Milk Ordinance (PMO), 2011 Revision
(A) the term "bulk milk pickup tanker" has
				the meaning given "bulk milk tanker in
				18 AAC 32.990;
(B) the term "clean," "milk distributor,"
				"milk producer," "person," and "transfer station" have the meaning given in
				18 AAC 32.990;
(C) the term "sanitization" has the meaning
				given "sanitize" in
				18 AAC 32.990;
(D) this adoption by reference does not
				include sections 15 (enforcement), 16 (penalty), and 17 (repeal and date of
				effect);
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 1 - Milk and Milk Products › 18 AAC 32.030 - General operating and permit requirements

Current through May 31, 2024
(a) A person
				described in
				18 AAC 32.010(b)
				may not conduct an activity described in
				18 AAC 32.010(a) or (b) unless
(1) the person has a current permit issued by
				the department under this section; and
(2) the department has confirmed compliance
				with this chapter by inspections conducted as provided in the PMO.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 1 - Milk and Milk Products › 18 AAC 32.040 - Labeling; milk processing plant code numbers

Current through May 31, 2024
(a) In addition to
				the permit number assigned under
				18 AAC 32.030, the department will
				assign a plant code number to each milk processing plant. To meet the labeling
				requirements of the PMO, the owner or operator of the plant shall place on each
				milk product carton or container
(1) the code
				number assigned by the department; or
(2) the name and address of the plant where
				the milk was pasteurized.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 1 - Milk and Milk Products › 18 AAC 32.050 - Ungraded milk

Current through May 31, 2024
If the commissioner finds that an emergency exists, the
				  commissioner will, in the commissioner's discretion, authorize the sale of
				  pasteurized milk and milk products that have not been graded or the grade of
				  which is unknown. A person who sells milk or a milk product subject to an
				  authorization under this section shall ensure that the milk or milk product is
				  labeled "ungraded."
Authority:
AS
					 03.05.020
AS 03.05.030
AS 17.20.010
AS 17.20.040
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 1 - Milk and Milk Products › 18 AAC 32.060 - Raw milk and raw milk products

Current through May 31, 2024
Except as provided in
				  18 AAC 32.010(c),
				  a milk producer may not allow raw milk or a raw milk product, including cream
				  from raw milk, to be removed from the diary farm unless
(1) the product is being transported directly
				to a milk processing plant with a permit issued under
				18 AAC 32.030 or by another
				state;
(2) the product has been
				decharacterized with an approved denaturant and labeled "FOR ANIMAL FOOD NOT
				FOR HUMAN CONSUMPTION" in letters at least three inches high on each container;
				for purposes of this paragraph, "approved denaturant" means
(A) finely powdered charcoal;
(B) FD & C Blue No. 1, FD, & C Blue
				No. 2, Ultramarine Blue; or
(C) FD
				& C Green No. 3, FD & C Red. No. 3, or FD & C Red No. 40.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 1 - Milk and Milk Products › 18 AAC 32.070 - Raw milk and raw milk product production and sales

Current through May 31, 2024
(a) A producer must register with the
				department prior to conducting activity under this section or producing new raw
				milk or raw milk product since the prior registration or renewal. To register,
				a producer must
(1) submit a form provided by
				the department;
(2) identify the
				producer's intended sales method as direct-to-consumer, market, or both
				methods;
(3) confirm that the
				producer has read and understands this section;
(4) provide an example of the label that
				meets the requirements of (e)(4) of this section that will be used for each
				type of raw milk or raw milk product container intended to be sold;
				and
(5) obtain a registration
				number from the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.210 - Purpose and applicability

Current through May 31, 2024
(a) The purpose of
				18 AAC 32.210 -
				18 AAC 32.295 is to safeguard
				public health and safety by ensuring that cheese and cheese products offered or
				sold to the public are safe, unadulterated, wholesome, and correctly
				labeled.
(b) The provisions of
				18 AAC 32.210 -
				18 AAC 32.295 apply to
(1) cheese producers whose cheese or cheese
				products are intended to be sold or offered to the public; and
(2) milk producers who provide milk used for
				manufacturing cheese or cheese products.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.215 - Requirements adopted by reference

Current through May 31, 2024
For purposes of
				  18 AAC 32.210 -
				  18 AAC 32.295, the following items
				  are adopted by reference:
(1) Grade
				"A" Pasteurized Milk Ordinance, 2011 revision, as amended from time to time,
				published by the United States Department of Health and Human Services, Public
				Health Service, Food and Drug Administration, except that
(A) the term "bulk milk pickup tanker" has
				the meaning given "bulk milk tanker" in
				18 AAC 32.990;
(B) the terms "clean," "milk distributor,"
				"milk producer," "person," and "transfer station" have the meanings given in
				18 AAC 32.990;
(C) the term "sanitization" has the meaning
				given "sanitize" in
				18 AAC 32.990;
(D) this adoption by reference does not
				include sections 15 (enforcement), 16 (penalty), and 17 (repeal and date of
				effect);
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.220 - Permit requirements

Current through May 31, 2024
(a) A person may not produce cheese or cheese
				products subject to
				18 AAC 32.210 -
				18 AAC 32.295 except as authorized
				by permit under this section.
(b) A
				permit issued under this section
(1) is valid
				for one year
(2) is issued to a
				particular cheese producer and is not transferable;
(3) is subject to modification, suspension,
				revocation, or reinstatement under
				18 AAC 32.285; and
(4) must be prominently posted for public
				view in the facility.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.225 - Water, wastewater, solid waste, and plumbing

Current through May 31, 2024
(a) In addition to
				the requirements of 21
				C.F.R. 110.37, adopted by reference in
				18 AAC 32.215, the following
				requirements apply:
(1) an adequate supply of
				potable water must be available from a
(A)
				public water system constructed and operated as required under 18 AAC 80;
				or
(B) private water system that
				provides
(i) annual test results for
				nitrates;
(ii) quarterly test
				results for total coliforms; and
(iii) engineering plans if the source water
				is surface water or engineering plans if the source water is surface water or
				groundwater under the direct influence of surface water;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.230 - Construction standards

Current through May 31, 2024
(a) In addition to meeting the requirements
				of 21 C.F.R.
				110.20, adopted by reference in
				18 AAC 32.215, a cheese production
				facility must have separate areas for each of the following sets of operations
				or equipment:
(1) receiving and weighing of
				milk, and washing and sterilizing of containers in which milk is
				received;
(2) pasteurization,
				processing, cooling, and manufacturing;
(3) bacteriological and chemical
				analysis;
(4) storage or aging of
				products, unless separated by adequate time, space, or physical barriers that
				would preclude possible contamination of product;
(5) boilers, compressors, or other machinery
				that is not specifically used for food processing;
(6) toilets, lavatories, and
				lockers.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.235 - Personnel

Current through May 31, 2024
(a) Personnel must comply with the disease
				control, cleanliness, education and training requirements of
				21 C.F.R.
				110.10, adopted by reference in
				18 AAC 32.215
(b) Cheese or its ingredients may not be
				handled with bare hands.
(c) Cheese
				production may not occur unless an individual is on the premises who is
				responsible for identifying sanitation problems and potential food
				contamination, to prevent the production of adulterated cheese
				products.
(d) Each food handler and
				supervisor must hold a valid food worker card in accordance with
				18 AAC 31.330.
(e) A food handler may not wash hands at a
				sink used for preparation, processing, warewashing, or janitorial
				activities
(f) A cheese producer
				shall restrict access to a cheese processing area to authorized
				personnel.
(g) In this section,
				"food handler" means an individual handling cheese ingredients, unpackaged
				cheese, or product-contact surfaces.
Authority:
AS
					 17.20.005
AS 17.20.072
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.240 - Equipment and utensils

Current through May 31, 2024
(a) Equipment and utensils must be sanitary
				and meet sanitation standards in
(1)
										21 C.F.R.
				110.40, adopted by reference in
				18 AAC 32.215; and
(2) the
Grade "A" Pasteurized Milk
				Ordinance
, adopted by reference in
				18 AAC 32.215.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.245 - Sanitation

Current through May 31, 2024
(a) Sanitation practices for a cheese
				production facility must comply with
				21 C.F.R.
				110.35, adopted by reference in
				18 AAC 32.215.
(b) Sanitizing of product-contact surfaces
				must comply with
				18 AAC 31.424
(c) A kitchen in a food service permitted
				under 18 AAC 31.020 may be used for
				cheese production if the food service meets the requirements in
				18 AAC 32.210 -
				18 AAC 32.295. The production of
				cheese must be separated by time, space, or physical barrier from other food
				service operations to preclude the possibility of contamination of cheese or
				food service food.
Authority:
AS
					 17.20.005
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.250 - Ingredients

Current through May 31, 2024
(a) Cheese and cheese product ingredients
				must comply with 21 C.F.R.
				110.80 and
				110.110, adopted by reference in
				18 AAC 32.215. Food additives must
				meet the standards set out in 21 C.F.R. Parts 170 - 189, adopted by reference
				in 18 AAC 32.215.
(b) A producer or hauler of milk used for
				cheese production must meet the standards in
				18 AAC 32.010 -
				18 AAC 32.060 and the standards of
				the
Grade "A" Pasteurized Milk Ordinance
, adopted by reference
				in 18 AAC 32.215. An animal producing
				milk for cheese production must meet the animal health requirements in 18 AAC
				36.
(c) Cheese may be made from raw
				or pasteurized milk.
(d) Raw milk
				used to make any type of cheese, whether to be pasteurized or not, must meet
				the following quality standards at the time of receipt or collection:
(1) raw milk may not be adulterated, or have
				any abnormal odor, appearance, or consistency;
(2) the standard plate count for bacteria may
				not exceed 300,000 per milliliter from any individual milk producer or
				commingled milk;
(3) raw milk may
				not contain drug residue that is unacceptable under the
Grade "AA"
				Pasteurized Milk Ordinance
, adopted by reference in
				18 AAC 32.215;
(4) raw milk must be tested for drug residues
				as required in the
Grade "A" Pasteurized Milk Ordinance
,
				adopted by reference in
				18 AAC 32.215, and meet the
				following requirements:
(A) testing must be
				conducted by a laboratory that conforms to the standards contained in
				Evaluation of Milk Laboratories, adopted by reference in
				18 AAC 32.215;
(B) the somatic cell count in
(i) raw cow milk may not exceed 750,000 cells
				per milliliter on any three of five tests;
(ii) raw goat milk may not exceed 1,500,000
				cells per milliliter on any three of five tests;
(5) raw milk must be cooled to 10
				degrees Celsius or less no later than four hours after commencement of first
				milking, and to seven degrees Celsius or less no later than two hours after
				completion of milking; a blend temperature of an initial milking and subsequent
				milkings may not exceed 10 degrees Celsius.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.255 - Testing

Current through May 31, 2024
(a) When a cheese producer begins production
				of a new cheese or cheese product, or begins production of a cheese or cheese
				product that has not been in production during the past year, or after a cheese
				or cheese product fails a test prescribed under this section,
(1) the department will collect and analyze
				samples monthly for the next two months of production; and
(2) after two months, the department will
				collect and analyze samples biannually unless the department determines that
				additional or more frequent testing is required to confirm product
				safety.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.260 - Records

Current through May 31, 2024
(a) A cheese producer shall prepare or obtain
				the following records as applicable and retain them for the specified periods
				of time:
(1) milk collection records received
				from milk haulers, for at least two years;
(2) records of all cheese product ingredients
				received at the cheese production facility, including the manufacturer and
				distributor of the ingredients, for at least one year;
(3) daily records of all finished products
				produced at the cheese production facility, including the name and type of
				product, the volume produced, and the date of production, for at least one
				year;
(4) records of all milk
				quality tests conducted on milk shipments received by the cheese production
				facility, for at least two years;
(5) records of all tests for bacterial counts
				or adulteration in milk and cheese held or processed by the cheese production
				facility, for at least two years;
(6) pasteurization records, for at least 180
				days;
(7) cleaning and sanitizing
				records for bulk milk tankers, for at least 90 days;
(8) temperature records for cheese processing
				and storage, for at least 30 days;
(9) inventory control records for vitamin
				fortification of milk or cheese including vitamins used and quantity produced,
				for at least two years;
(10)
				vitamin assay test results conducted on fortified cheese, for at least two
				years;
(11) daily records for
				cleaning and sanitizing equipment, for at least 90 days.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.265 - Labeling and general identification

Current through May 31, 2024
(a) Cheese and
				cheese products must comply with the standards of identity for cheese set out
				in  21 C.F.R. Part 133, adopted by reference in
				18 AAC 32.215.
(b) In addition to meeting labeling
				requirements in 21 C.F.R.
				101.1 -
				101.30,
				101.54 -
				101.83,
				101.100 -
				101.105, and
				130.8 -
				130.14, adopted by reference in
				18 AAC 32.215, each package of
				cheese or cheese product for retail sale must be labeled "KEEP REFRIGERATED TO
				41º F OR BELOW."
(c) Cheese or
				cheese products made from raw milk must be labeled "RAW MILK PRODUCT," "MADE
				FROM RAW MILK," or "MADE FROM GRADE A RAW MILK" in letters at least one-quarter
				inch tall.
(d) Cheese or cheese
				products may be labeled "MADE FROM GRADE A RAW MILK" only if manufactured under
				Grade A standards for raw milk as outlined in the
Grade "A" Pasteurized
				Milk Ordinance
, adopted by reference in
				18 AAC 32.215.
(e) Unless made exclusively with cow milk,
				cheese or cheese products must be labeled with each species of animal from
				which the milk came.
(f) A cheese
				producer shall submit to the department an example of a label intended for use
				for cheese or cheese products, for department approval before use of the label
				in commercial sale of the product.
Authority:
AS
					 03.05.011
AS 17.20.005
AS 17.20.010
AS 17.20.300
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.270 - Inspections

Current through May 31, 2024
(a) The department may conduct inspections or
				audits with or without prior notice to assess compliance with
				18 AAC 32.210 -
				18 AAC 32.295.
(b) In an inspection or audit to assess
				compliance with
				18 AAC 32.210 -
				18 AAC 32.295, the department may
				include
(1) inspecting the cheese production
				facility;
(2) examining labels,
				plans, and records;
(3)
				investigating employee illness or absenteeism;
(4) examining food;
(5) observing procedures;
(6) obtaining samples;
(7) conducting tests;
(8) interviewing employees; and
(9) taking photographs.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.275 - Detention and destruction

Current through May 31, 2024
(a) A cheese
				producer shall destroy or detain for further processing or testing cheese that
				has tested positive for
(1)
Listeria
				monocytogenes
;
(2)
Salmonella
;
(3)
				Enterohemorrhagic
Escherichia coli
; or
(4) any of the following bacterial pathogens
				or toxins if the tolerance for that pathogen or toxin is exceeded
(A)
Escherichia coli
- X
				10
4
or greater organisms per gram;
(B) Enterotoxigenic
Escherichia
				coli
- X 10
3
per gram, heat labile enterotoxin or heat
				stable enterotoxln positive;
(C)
Staphylococcus aureus
- positive for Staphylococcal enterotoxin
				or if viable count, expressed as the most probable number (MPN), is 1 X
				10
4
greater per gram and toxin test is negative.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.280 - Civil fines

Current through May 31, 2024
(a) The department may, without prior
				warning, notice, or hearing, assess a civil fine of not more than the following
				amounts for each violation of
				18 AAC 32.210 -
				18 AAC 32.295:
(1) first offense: $250;
(2) second offense and subsequent offenses:
				$500.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.285 - Permit suspension or revocation

Current through May 31, 2024
(a) If the
				department determines that an imminent health hazard exists, the department
				may, without prior warning, notice, or hearing,
(1) modify, suspend, or revoke a cheese
				producer's permit; and
(2) require
				the cheese producer to stop operating.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 2 - Cheese › 18 AAC 32.290 - Right to appeal a decision

Current through May 31, 2024
A person subject to 18 AAC 32.210 - 18 AAC 32.295 may seek an
				  informal review under 18 AAC 15.185 of a department decision or an adjudicatory
				  hearing under AS 44.62 (Administrative Procedure Act). An adjudicatory hearing
				  may be requested by submitting a request to the commissioner not later than 30
				  days after the notice of the department decision. Upon receipt of a timely
				  request for an adjudicatory hearing, the commissioner will refer the matter to
				  the office of administrative hearings (AS 44.64.010) for a hearing and
				  recommended decision under 2 AAC 64.100 - 2 AAC 64. 990 to the commissioner or
				  to the commissioner's designee if the designee is a person other than the
				  person who issued the contested decision.
Authority:
AS 17.20.005
AS 17.20.065
AS 17.20.072
AS 17.20.180
AS 17.20.190
AS 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 5 - General Provisions › 18 AAC 32.900 - Waiver of provisions; waiver fee

Current through May 31, 2024
(a) Except for a
				fee required by
				18 AAC 32.610, the department will
				waive a requirement of this chapter if the department finds that public health
				is protected and the purpose of the requirement is otherwise
				satisfied.
(b) An application for a
				waiver must be submitted to the department in writing, must be accompanied by a
				waiver fee of $75, and must
(1) identify the
				requirement for which the waiver is sought;
(2) state the reason why the requirement
				cannot be met; and
(3) describe the
				alternative method proposed to meet the purpose of the requirement and how that
				method will be equally protective of public health; the applicant shall include
				any scientific data, academic research, or other information that will assist
				the department in making a decision under this section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 5 - General Provisions › 18 AAC 32.910 - Right to review department decision

Current through May 31, 2024
(a) The owner or
				operator of a facility subject to this chapter may request an informal review
				under 18 AAC 15.185 of a department decision under this chapter, except for a
				fee decision under 18 AAC 32.610.
(b) A person who is aggrieved by a department
				decision to deny or approve a permit under this chapter or a waiver request
				under this chapter may request
(1) an
				informal review under 18 AAC 15.185; or
(2) an adjudicatory hearing under AS 44.62
				(Administrative Procedure Act).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 5 - General Provisions › 18 AAC 32.925 - Confidentiality of trade secrets

Current through May 31, 2024
(a) If it
				determines that disclosure is in the interests of public health and consumer
				protection, the department will require a person subject to this chapter to
				disclose a trade secret to the department to assist the department in
				evaluating a permit application or in determining compliance with this chapter.
				If the person disclosing the required information certifies in writing that
				public disclosure of the information, including information contained in a
				photograph taken by a department employee, would reveal a trade secret as
				defined in
				AS
				45.50.940, the department will keep the
				information confidential while it determines if the public interest that would
				be served by the disclosure is outweighed by the person's privacy interest. The
				department will continue to keep the information confidential if it finds the
				information is entitled to protection. If the department finds that the
				information is not entitled to protection, the department will notify the
				person disclosing the information in writing that the information will be
				subject to disclosure after 10 days. Unless ordered by a court to disclose the
				information, the department will keep the information confidential through the
				10-day period, any administrative appeal of the department's finding initiated
				during the 10-day period, and any judicial appeal of the final agency
				decision.
(b) If it determines that
				disclosure is in the interests of public health and consumer protection, the
				department will disclose information that is confidential under this section
				under a continuing restriction of confidentiality to other departments of the
				state or United States or to a court
(1) to
				protect against an imminent threat to public health or safety;
(2) in a proceeding to deny, modify, or
				suspend a permit required under this chapter; or
(3) in pursuit of an enforcement
				activity.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 32 - Milk and Milk Products › Article 5 - General Provisions › 18 AAC 32.990 - Definitions

Current through May 31, 2024
In this chapter, unless the context otherwise
				  requires,
(1) "adulterated" has the
				meaning given "adulterated food" in
				AS
				17.20.020;
(2) "approved" means approved in writing by
				the department;
(3) "adequate"
				means necessary to accomplish the intended purpose in keeping with good public
				health practices;
(4) "bulk milk
				tanker" means a vehicle, including the truck, tank, and those appurtenances
				necessary for the vehicle's use, used by a milk hauler to transport bulk raw
				milk for pasteurization from a dairy farm to a milk plant, receiving station,
				or transfer station;
(5) "cheese"
(A) means a dairy product prepared from the
				pressed curd of milk;
(B) includes
				styles of soft, semi-soft, soft-ripened, and hard cheeses identified in
Domestic and Imported Cheese and Cheese Products
, adopted by
				reference in
				18 AAC 32.215;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 34 - Seafood Processing and Inspection › Article 1 - Seafood Processing › 18 AAC 34.005 - Purpose and applicability

Current through May 31, 2024
(a) The purpose of
				this chapter is to provide for consumer protection and to protect public health
				by ensuring the processing, sale, and distribution of safe, wholesome, and
				properly labeled seafood products.
(b) The requirements of this chapter apply to
(1) persons who process seafood products to
				be sold as part of commerce and intended for human consumption;
(2) persons who store, clean, package, and
				distribute whole seafood products to be sold as part of commerce and intended
				for human consumption;
(3) persons
				who harvest, handle, prepare, shuck, pack, repack, or transport fresh or frozen
				shellfish for sale as part of commerce and intended for human
				consumption;
(4) custom processors
				who smoke or thermally process seafood intended for human
				consumption;
(5) persons who donate
				thermally-processed or smoked seafood products to an institution or nonprofit
				program; and
(6) persons who
				manufacture ice primarily for use with seafood products.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 34 - Seafood Processing and Inspection › Article 1 - Seafood Processing › 18 AAC 34.015 - Derby fish

Current through May 31, 2024
(a) A fishing derby association permitted by
				the Department of Fish & Game under
				AS
				16.05.662 to sell derby-caught fish to a
				processor shall ensure that
(1) the fish is
				visually checked for contamination from bilge water, diesel fuel, and bird
				droppings as it comes off the fishing boats; contaminated fish may not be
				sold;
(2) storage containers used
				to hold the fish are made of plastic or another impermeable material that is
				easily cleanable;
(3) storage
				containers are cleaned between uses;
(4) the fish is protected from direct
				sunlight or other sources of heat;
(5) the fish is iced or chilled to maintain
				quality;
(6) the fish is cleaned in
				an area that is covered to protect the seafood from weather and bird
				droppings;
(7) fish is not cleaned
				on recreational fishing boats;
(8)
				each table used to clean the fish has an easily cleanable surface and is
				regularly cleaned;
(9) the area
				where the fish is to be cleaned has potable water in amounts sufficient to
				clean containers, fish, and tables; and
(10) disposal of fish waste does not violate
				AS
				46.03.810 or any other provision of
				law.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 34 - Seafood Processing and Inspection › Article 1 - Seafood Processing › 18 AAC 34.025 - Confidentiality of trade secrets

Current through May 31, 2024
(a) The department
				will, in its discretion, require a person subject to this chapter to disclose a
				trade secret to the department to assist the department in evaluating a permit
				application or in determining compliance with this chapter. If the person
				disclosing the required information certifies in writing that public disclosure
				of the information, including information contained in a photograph taken by a
				department employee, would reveal a trade secret as defined in
				AS
				45.50.940, the department will keep the
				information confidential while it determines if the public interest that would
				be served by disclosure is outweighed by the person's privacy interest. The
				department will continue to keep the information confidential if it finds the
				information is entitled to protection. If the department finds that the
				information is not entitled to protection, the department will notify the
				person disclosing the information in writing that the information will be
				subject to disclosure after 10 days. Unless ordered by a court to disclose the
				information, the department will keep the information confidential through the
				10-day period, any administrative appeal of the department's finding initiated
				during the 10-day period, and any judicial appeal of the final agency
				decision.
(b) The department will,
				in its discretion, disclose information that is confidential under this section
				under a continuing restriction of confidentiality to other departments of the
				state or United States or to a court
(1) to
				protect against an imminent threat to public health or safety;
(2) in a proceeding to deny, modify, suspend,
				or revoke a permit required under this chapter; or
(3) in pursuit of an enforcement
				activity.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 34 - Seafood Processing and Inspection › Article 1 - Seafood Processing › 18 AAC 34.030 - Prohibited activities

Current through May 31, 2024
In addition to the prohibitions set out in
				  AS
				  17.20.290, a person may not process, sell, or
				  transport
(1) seafood that has an odor
				associated with microbiological or enzymatic decomposition or that otherwise
				shows signs of decay such as fungus on the fish, excluding the fins and
				tail;
(2) thermally processed
				seafood products containing hatchery brood stock that was held to be used, or
				was used, for roe or milt, unless using a process approved in writing by the
				department that renders the seafood fit for human consumption;
(3) seafood that has been previously frozen
				unless it is labeled as required by
				AS
				17.20.044 and
				18 AAC 34.110;
(4) adulterated seafood products described in
				18 AAC 34.115;
(5) misbranded seafood products described in
				18 AAC 34.120; or
(6) previously processed seafood from a
				person who did not have the current annual permit required under this chapter
				for that activity at the time the seafood was processed.
Effective 12/2/99, Register 152, the Department of
					 Environmental Conservation readopted
					 18 AAC 34.030, to affirm the
					 validity of that section following statutory amendments made in ch. 72, SLA
					 1998. The department also amended
					 18 AAC 34.030(3).
					 Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18
					 AAC 34 from AS 03.05 to AS 17.20.
Authority:
AS
					 17.20.005
AS 17.20.020
AS 17.20.040
AS 17.20.065
AS 17.20.072
AS 17.20.180
AS 17.20.290
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 34 - Seafood Processing and Inspection › Article 1 - Seafood Processing › 18 AAC 34.045 - Hazard analysis critical control point (HACCP) Plan

Current through May 31, 2024
(a) A processor
				subject to this chapter shall conduct a hazard analysis as required by
				21 C.F.R.
				123.6, adopted by reference in
				18 AAC 34.010. The hazard analysis
				must be in writing.
(b) Except as
				described in (c) of this section, a processor subject to this chapter shall
				have and comply with a hazard analysis critical control point (HACCP) plan and
				otherwise meet the requirements of
				21 C.F.R.
				123.3 -  21 C.F.R. 123.28, adopted by
				reference in
				18 AAC 34.010.
(c) If a processor does not have a HACCP plan
				because the processor determines that hazards are not reasonably likely to
				occur, the hazard analysis required by (a) of this section must be provided to
				the department for review upon request.
(d) In addition to reviewing a HACCP plan
				under 18 AAC 34.930 and
				18 AAC 34.940, the department
				will, applying its enforcement discretion, require a processor with a critical
				violation at a point in the seafood production process that has not already
				been identified in the processor's HACCP plan as a critical control point to
				submit the HACCP plan to the department for review and comment.
Information about how to review or obtain a copy of a
					 requirement referred to in
					 18 AAC 34.045 and adopted by
					 reference in
					 18 AAC 34.010 is set out in the
					 editor's note to
					 18 AAC 34.010.
Authority:
AS
					 17.20.005
AS 17.20.065
AS 17.20.072
AS 17.20.180
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 34 - Seafood Processing and Inspection › Article 1 - Seafood Processing › 18 AAC 34.047 - Recall plan

Current through May 31, 2024
(a) A processor shall develop, maintain, and
				make available for department review written procedures sufficient to notify
				consumers of a product recall and remove affected product from commerce. These
				written procedures must describe the steps to be taken, and assign
				responsibilities for taking those steps, to perform the following actions as
				appropriate to the facility:
(1) notify each
				direct consignee of the recalled seafood, including how to return or dispose of
				the affected seafood;
(2) notify
				the public about the hazard presented by the recalled seafood;
(3) appropriately dispose of the recalled
				seafood by reprocessing, reworking, diverting to a use that does not present a
				safety concern, or destroying the seafood; and
(4) verify, by means such as personal visits,
				telephone calls, written communications, or a combination of those means, that
				each consignee received notification of the recall and has taken the
				appropriate action.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 34 - Seafood Processing and Inspection › Article 1 - Seafood Processing › 18 AAC 34.055 - Facility plan approval

Current through May 31, 2024
(a) A person required to have a permit under
				this chapter shall submit to the department for approval plans that demonstrate
				compliance with
				18 AAC 34.060 and this section. A
				processor shall submit plans to the department the first time the processor
				submits an application for a permit for a facility except that, if a processor
				proposes constructing a new facility, the processor shall submit plans at least
				60 days before beginning construction. If a processor proposes to extensively
				remodel a facility, the processor shall submit plans to the department showing
				the changes proposed to the facility at least 60 days before
				remodeling.
(b) Plans submitted
				under (a) of this section must
(1) include the
				location of any processing and storage buildings, roads, alleys, docks, and
				other areas that are part of the facility location and that will be used to
				support the processing, storage, or transportation of seafood
				products;
(2) accurately depict the
				location or placement of
(A) processing
				equipment;
(B) storage areas for
				seafood, food ingredients, and food packaging materials;
(3) include plumbing plans that show
(A) piping used for potable water, nonpotable
				water, and wastewater;
(B) each
				plumbing fixture that is in a processing area; and
(C) toilets and handwash sinks; and
(4) describe the surface finish of
				walls, floors, and ceilings in processing, packaging, and storage areas, to
				demonstrate compliance with
				18 AAC 34.060.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 34 - Seafood Processing and Inspection › Article 1 - Seafood Processing › 18 AAC 34.060 - Facility requirements

Current through May 31, 2024
A processor shall ensure that each facility meets the
				  requirements of
				  18 AAC 34.075 -
				  18 AAC 34.085 unless a waiver is
				  approved under
				  18 AAC 34.915. In addition,
(1) the facility must be adequate in size,
				design, and construction to accommodate sanitary processing and storage of
				seafood products, and to prevent contamination of seafood products, food
				ingredients, food-contact surfaces and food packaging materials; in addition,
(A) the outside walls and the roof
(i) may be made of a flexible material, such
				as rubberized nylon, polypropylene, polyester-based vinyl, or nylon-based
				vinyl, that is at least 20 mils thick, with the seams heat-welded;
				and
(ii) must protect the facility
				from weather and the entry of insects, rodents, and other animals;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 34 - Seafood Processing and Inspection › Article 1 - Seafood Processing › 18 AAC 34.065 - Chemicals and compounds

Current through May 31, 2024
(a) In an area of a
				facility that is used for processing or for storage of food or food packaging
				materials, a processor may not use or store a chemical that is a sanitizer,
				detergent, lubricant, pesticide, or water treatment compound unless the
				chemical is included in, and used in accordance with, the requirements of the
NSF International White Book: Listing of Proprietary Substances and
				Nonfood Compounds,
adopted by reference in
				18 AAC 34.010. If a chemical is
				not listed in that document, and is a sanitizer, detergent, lubricant,
				pesticide, or water treatment compound, use or storage of the chemical in the
				area of the facility used for processing or storage of food or food packaging
				materials may not occur without department approval, based on the department
				finding that use and storage of the chemical does not pose a threat to public
				health.
(b) A processor may use or
				store in a facility a poisonous chemical or compound only if the chemical or
				compound is required to maintain sanitary conditions, for use in laboratory
				testing procedures, for facility equipment and vehicle maintenance and
				operation, or for use in manufacturing or processing operations.
(c) A processor shall ensure that
(1) commercially filled containers of
				pesticides that are to be used or stored in or adjacent to the premises of a
				facility are labeled as required by 18 AAC 90 and other applicable state or
				federal law, except that a small container filled or taken from a
				properly-labeled master container may be used if
(A) the smaller container is labeled with the
				common name of the material and directions for use; and
(B) the master container is retained onsite;
				and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 34 - Seafood Processing and Inspection › Article 1 - Seafood Processing › 18 AAC 34.070 - Sanitizing

Current through May 31, 2024
(a) Except as provided in (b) of this
				section, the concentration level of each chemical or compound used in
				sanitizing must comply with the manufacturer's instructions for the sanitizing
				use indicated in the instructions. The processor shall verify the concentration
				is correct with a test kit, test strip, or other device.
(b) A processor may use the following
				sanitizing and testing methods:
(1) immersion
				for at least 30 seconds in clean water at a temperature of 170º Fahrenheit
				or above;
(2) immersion for at
				least 30 seconds in one of the following clean sanitizing solutions at a
				temperature of 75º Fahrenheit or above:
(A) 50 ppm of available chlorine as
				hypchlorite;
(B) 12.5 - 25 ppm
				available iodine with a pH no higher than 5.0; or
(C) quaternary ammonium compound at a
				concentration specified by the manufacturer and included on the label, with a
				pH no less than 6.0 and water hardness no greater than 500 ppm, following the
				manufacturer's instructions regarding use of a final rinse after
				sanitization;
(3)
				sprayed- or wiped-on
(A) chlorine solution
				containing at least 100 ppm of available chlorine as hypochlorite; or
(B) iodine, quaternary ammonium compound, or
				another sanitizer solution approved by the department; the sanitizer solution
				must be used at a concentration specified by the manufacturer for air drying;
				or
(4) sprayed or wiped
				on chlorine solution containing at least 200 ppm available chlorine as
				hypochlorite, iodine, or quaternary ammonium compound at a concentration
				specified by the manufacturer for a contact time of at least 20 minutes before
				a final rinse.