reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-16 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK, MILK PRODUCTS AND FROZEN DESSERTS › Section 420-3-16-.18 - Adoption By Reference

Current through Register Vol. 42, No. 9, June 28, 2024
Requirements for Production, Processing, Handling, or
				Distribution of Milk, Milk Products, Frozen Desserts, and Single Service
				Manufacturing Products
(1) Adoption by
			 reference-The document entitled
Grade
"A" Pasteurized
			 Milk Rule, 2017 Revision, Promulgated by the U.S. Department of Health and
			 Human Services, Public Health Service, Food and Drug Administration,
is hereby incorporated by reference and made a part of this rule as if set out
			 in full and all provisions thereof are adopted as a rule of the State Board of
			 Health.
(2) Availability - Said
			 document is available at the office of Director, Division of Food, Milk, and
			 Lodging, RSA Tower, Suite 1250, 201 Monroe Street, Montgomery, Alabama
			 36104.
(3) Control - Where there is
			 consistency between Chapter 420-3-16 and the Grade "A" Pasteurized Milk Rule,
			 2017 Revision, these rules control. Where these rules are silent, the Grade "A"
			 Pasteurized Milk Rule, 2017 Revision controls.
Author:
G. M. Gallaspy, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2,
				  22-20-7.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-16 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK, MILK PRODUCTS AND FROZEN DESSERTS › Section 420-3-16-.19 - Enforcement Interpretation

Current through Register Vol. 42, No. 9, June 28, 2024
The Health Officer shall enforce this rule and a certified copy
				of which shall be on file in the office of the State Health Officer. Where the
				mandatory compliance with provisions of the appendices is specified, such
				provisions shall be deemed a requirement of these rules.
New Rule .18 was inserted and the original rule .18 was
				  renumbered .19 as per certification filed October 18, 2018; effective December
				  2, 2018.
Author:
G. M. Gallaspy, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2,
				  22-20-7.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-16 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK, MILK PRODUCTS AND FROZEN DESSERTS › Section 420-3-16-.20 - Penalty Fixed

Current through Register Vol. 42, No. 9, June 28, 2024
Any violation of these rules shall constitute a misdemeanor as
				set forth and declared punishable in
Code of Ala. 1975
, §
								22-1-8.
Rule .19 was renumbered .20 as per certification filed
				  October 18, 2018; effective December 2,
				  2018.
Author:
G. M. Gallaspy, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2,
				  22-20-7.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-16 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK, MILK PRODUCTS AND FROZEN DESSERTS › Section 420-3-16-.21 - Application Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) These
			 rules shall apply only to milk, milk products, and frozen desserts intended for
			 sale for human consumption and single-service containers and closures used for
			 milk, milk products, and frozen desserts.
(2) These rules supersede all prior rules and
			 all rules and parts of rules in conflict with this rule are hereby repealed
			 upon the date these rules become effective.
Rule .20 was renumbered .21 as per certification filed
				  October 18, 2018; effective December 2,
				  2018.
Author:
G. M. Gallaspy, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2,
				  22-20-7.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-16 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK, MILK PRODUCTS AND FROZEN DESSERTS › Section 420-3-16-.22 - Unconstitutionality Provided Against

Current through Register Vol. 42, No. 9, June 28, 2024
Should any section, paragraph, sentence, clause, or phrase of
				these rules be declared unconstitutional or invalid by any court of competent
				jurisdiction, the remainder of these regulations shall not be affected
				thereby.
Rule .21 was renumbered .22 as per certification filed
				  October 18, 2018; effective December 2, 2018.
Author:
G. M. Gallaspy, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2,
				  22-20-7.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-16 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK, MILK PRODUCTS AND FROZEN DESSERTS › APPENDICES › Appendix A - ANIMAL DISEASE CONTROL

Current through Register Vol. 42, No. 9, June 28, 2024
Copies of the Bovine Tuberculosis Eradication: Uniform
				  Methods and Rules (
http://www.aphis.usda.gov/animal_health/
				  animal_ diseases/ tuberculosis/downloads/tb-umr.pdf
) and Brucellosis
				  Eradication: Uniform Methods and Rules, (
http://www.aphis.usda.gov/
				  animal diseases/ brucellosis/ downloads/umr_bovine_bruc.pdf
), current
				  at the time of the adoption of these rules are available electronically using
				  the hyperlinks above or may be obtained from your State Veterinarian:
Dr. Anthony G. Frazier
Animal Industry Division
Alabama Department of Agriculture & Industries
1445 Federal Drive
Montgomery, Alabama 36107
or
Veterinary Services
Animal and Plant Health Inspection Service (APHIS)
U.S. Department of Agriculture 4700 River Road, Unit
				  43
Riverdale, MD 20737
http://www.aphis.usda.gov/animal_health
It is recommended that regulatory agencies initiate and/or
				  promote a mastitis control program. A well-planned and extended educational
				  phase will encourage the support of producers and reduce the problems of
				  enforcement.
The National Mastitis Council (NMC), 421 South Nine Mound
				  Road, Verona, Wisconsin 53593 (
www.nmconline.org
), has studied a large number
				  of existing control programs and has outlined a suggested flexible control
				  program. In addition, review of the current knowledge of mastitis may be found
				  in their publications: Current Concepts of Bovine Mastitis and Laboratory
				  Handbook of Bovine Mastitis.
Sanitarians may find the screening test a useful device for
				  detecting abnormal milk. Sample screening methods, as well as somatic cell
				  diagnosis and reduction programs are discussed in the references above, as well
				  as the Dairy Practices Council (DPC), 19 Titus Court, Richboro, Pennsylvania
				  18954 (www.dairypc.org) publication: The Fieldperson's Guide to Troubleshooting
				  High Somatic Cell Counts, DPC Guide Number 18.
Regulatory action should not be based on the use of mastitis
				  screening tests alone. Screening tests should be used as an adjunct to a
				  complete program of mastitis control and milking-time
				  inspections.
Author:
G. M. Gallaspy, Jr.
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-2-2,
					 22-20-7.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-16 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK, MILK PRODUCTS AND FROZEN DESSERTS › APPENDICES › Appendix M - REPORTS AND RECORDS

Current through Register Vol. 42, No. 9, June 28, 2024
The following forms are available at
				  www.alabamapublichealth.gov.
ADPH-FML 201/Revised 2016
Application for Permit for Operation of a Grade A
								or Manufacturing Milk Dairy Farm
ADPH-FML 201a-Revision 8/1/17
Application for Permit for Processing, Handling,
								Manufacturing, or Distribution of Milk, Milk Products, Frozen Desserts or
								Single-Service Containers and/or Closures
ADPH-FML-INSP.204/Rev. 6-91
Milk Plant and/or Frozen Dessert Plant Inspection
								Report
ADPH-FML-203.03.13.ch
Dairy Farm Inspection Report
ADPH-FML-229.03.13.ch
Manufacturing Plant Inspection Report
ADPH-FML-216.03.13.ch
Milk Plant Equipment Tests Report
ADPH-FML-229.0.14.ch
Milk Sample Collector Evaluation Report
ADPH-FML-248A.03.13.ch
Bulk Milk Hauler Report and Sampler Evaluation
								Form
http://www.fda.gov/aboutFDA/reportsmanualsforms/forms/default.htm
.
FORM FDA 2359
MILK PLANT INSPECTION REPORT
FORM FDA 2359a
DAIRY FARM INSPECTION REPORT
FORM FDA 2359b
MILK PLANT EQUIPMENT TEST REPORT
FORM FDA 2359c
MANUFACTURING PLANT INSPECTION REPORT
								(Single-Service Milk Containers and Closures)
FORM FDA 2359d
REPORT OF CERTIFICATION (Fabrication of
								Single-Service Containers and Closures for Milk and Milk Products)
FORM FDA 2359m
MILK PLANT, RECEIVING STATION, OR TRANSFER STATION
								NCIMS HACCP SYSTEM AUDIT REPORT FORM
FORM FDA 2399
MILK SAMPLE COLLECTOR EVALUATION REPORT (Dairy
								Plant Sampling - Raw and Pasteurized Milk)
FORM FDA 2399a
BULK MILK HAULER/SAMPLER EVALUATION REPORT
FORM FDA 2399b
MILK TANK TRUCK INSPECTION REPORT
Author:
G. M. Gallaspy, Jr.
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-2-2,
					 22-20-7.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-17 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK FOR MANUFACTURING PURPOSES, DRY MILK PRODUCTS, BUTTER, CHEESE OR CONDENSED MILK PRODUCTS › Section 420-3-17-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
To insure the production of good quality milk, to promote the
				sanitary processing of milk for manufacturing purposes, and to assure
				wholesome, stable, and high quality products.
Author:
Statutory Authority:
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-17 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK FOR MANUFACTURING PURPOSES, DRY MILK PRODUCTS, BUTTER, CHEESE OR CONDENSED MILK PRODUCTS › Section 420-3-17-.04 - Farm Requirements For Milk For Manufacturing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Health of Herd
(a) General Health - All animals in the herd
			 shall be maintained in a healthy condition, and shall be properly fed and
			 kept.
(b) Tuberculin test - The
			 cows shall be located in a Modified Accredited Area, an Accredited Free State,
			 or an Accredited Free Herd as determined by the U. S. Department of
			 Agriculture. The goats shall be located in States meeting the current USDA
			 Uniform Methods and Rules and for Bovine Tuberculosis Eradication or an
			 Accredited Free Goat Herd. If the animals are not located in such areas, they
			 shall be tested annually under the jurisdiction of the aforesaid program. All
			 additions to the herd shall be from an area or from herds meeting those same
			 requirements.
(c) Brucellosis test
			 - The cows shall be located in States meeting Class B status, or Certified-Free
			 Herds, or shall be involved in a milk ring test program or blood testing
			 program under the current USDA Brucellosis Eradication Uniform Methods and
			 Rules. All additions to the herd shall be from a State or from herds meeting
			 these same requirements.
(d)
			 Abnormal milk - Milk from cows known to be infected with mastitis or milk
			 containing residues of antibiotics or other drugs, or milk containing
			 pesticides or other chemical residues in excess of the established limits shall
			 not be sold or offered for sale for human food. The milk shall be disposed of
			 as the Health Department may direct.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-17 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK FOR MANUFACTURING PURPOSES, DRY MILK PRODUCTS, BUTTER, CHEESE OR CONDENSED MILK PRODUCTS › Section 420-2-17-.05 - Requirements For Licensed Dairy Plants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General Requirements
(a) Premises
1. The premises shall be kept in a clean and
			 orderly condition and shall be free from strong or foul odors, smoke, or
			 excessive air pollution. Construction and maintenance of driveways and adjacent
			 plant traffic areas shall be of concrete, asphalt, or similar material to keep
			 dust and mud to a minimum.
2.
			 Surroundings - The adjacent surroundings shall be free from refuse, rubbish,
			 and waste materials to prevent harborage of rodents, insects, and other
			 vermin.
3. Drainage - A suitable
			 drainage system shall be provided which will allow rapid drainage of all water
			 from plant buildings and driveways, including surface water around the plant
			 and on the premises, and all such water shall be disposed of in such a manner
			 as to prevent a nuisance or health hazard.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-17 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK FOR MANUFACTURING PURPOSES, DRY MILK PRODUCTS, BUTTER, CHEESE OR CONDENSED MILK PRODUCTS › Section 420-3-17-.06 - Administrative Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Farm
			 Certification
(a) Necessity for Certification
1. Within 90 days from the effective date of
			 these rules and regulations, every farm producing and selling milk for
			 manufacturing purposes shall be inspected and certified as provided in 420-3-17
			 -.06(i)(b),
			 420-3-17-.06(i)(c),
			 and 420-3-17-.06(i)(e).
			 On and after the effective date of these rules and regulations, a new
			 producer's farm shall be inspected and certified as provided in
			 420-3-17-.06(l)(b),
			 420-3-17-.06(l)(c),
			 and 420-3-17-.06(l)(e)
			  before his first sale of milk for
			 manufacturing purposes. Ninety days from and after the effective date of these
			 rules and regulations, no milk for manufacturing purposes produced on an
			 uncertified farm shall be bought or sold.
2. Certified farms shall be inspected
			 annually after initial certification to determine eligibility for
			 recertification. The inspection procedure for recertification shall be the same
			 as that for initial certification.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-17 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK FOR MANUFACTURING PURPOSES, DRY MILK PRODUCTS, BUTTER, CHEESE OR CONDENSED MILK PRODUCTS › Section 420-3-17-.07 - Enforcement Interpretation

Current through Register Vol. 42, No. 9, June 28, 2024
The Health Officer shall enforce these rules, a certified copy
				of which shall be on file in the office of the State Health Officer.
Author:
Statutory Authority:
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-17 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK FOR MANUFACTURING PURPOSES, DRY MILK PRODUCTS, BUTTER, CHEESE OR CONDENSED MILK PRODUCTS › Section 420-3-17-.08 - Penalty Fixed

Current through Register Vol. 42, No. 9, June 28, 2024
Any violation of these rules shall constitute a misdemeanor as
				set forth and declared punishable in
Code of Ala.
				1975
, §
								22-1-8.
Author:
Statutory Authority:
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-17 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK FOR MANUFACTURING PURPOSES, DRY MILK PRODUCTS, BUTTER, CHEESE OR CONDENSED MILK PRODUCTS › Section 420-3-17-.09 - Application Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) These
			 rules shall apply only to milk and milk products intended for sale for human
			 consumption and shall become effective and shall be in full force and effect,
			 within a county or municipality by the State Health Officer in accordance with
Code of Ala. 1975
, §
								22-20-5.
(2) These rules supersede all prior rules and
			 all rules and parts of rules in conflict with this rule are hereby repealed
			 upon the date these rules become effective.
Author:
Statutory Authority:
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-17 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK FOR MANUFACTURING PURPOSES, DRY MILK PRODUCTS, BUTTER, CHEESE OR CONDENSED MILK PRODUCTS › Section 420-3-17-.10 - Unconstitutionality Provided Against

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Should any section, paragraph, sentence,
			 clause, or phrase of these rules be declared unconstitutional or invalid by any
			 court of competent jurisdiction, the remainder of these regulations shall not
			 be affected thereby.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6);
				  22-20-5; and 22-20-7.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-18 - SHELLFISH SANITATION › Section 420-3-18-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
These rules define the harvesting, shucking, processing,
				handling, and transportation of shellfish;
prohibit the sale of adulterated and misbranded
				shellfish;
require permits for the sale of shellfish; and establish
				closures regulating the harvesting areas.
Authors:
Lewis A. Byrd, Ph.D., Christine
				  Collins, Jeff McCool, Greg Dunn, Byron Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										9-12-126,
				  22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-18 - SHELLFISH SANITATION › Section 420-3-18-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
These rules apply to all persons involved in the harvesting,
				from either aquaculture sites or public or private reefs as defined or
				designated by the Alabama Department of Conservation and Natural Resources,
				processing, distribution, and sale of shellfish, whether in interstate or
				intrastate commerce. Due to special circumstances, administration and
				enforcement of these rules are to be conducted by the State Health
				Officer.
Authors:
Lewis A. Byrd, Ph.D., Christine
				  Collins, Jeff McCool, Greg Dunn, Byron Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										9-12-126,
				  22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-18 - SHELLFISH SANITATION › Section 420-3-18-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the terms defined by adoption in
				420-3-18-.09(1) 
				and listed in the document entitled National Shellfish Sanitation Program Model
				Ordinance, 2017 Revision, the following definitions also apply in the
				application and enforcement of these rules:
(1)
"Adulterated"
means
(a) any shellfish harvested from waters that
			 are unclassified or classified as "closed," "prohibited," "restricted," or
			 "conditionally restricted," except as expressly permitted by the State Health
			 Department for relaying or research projects;
(b) any shellfish shucked, packed, or
			 otherwise processed in an establishment which has not been permitted by the
			 State Health Department in accordance with the requirements of these
			 rules;
(c) any shellfish
			 contaminated as determined by microbiological or other analysis; any shellfish
			 consisting in whole or in part of any filthy, putrid, or decomposed substance,
			 or otherwise unfit for food; any shellfish prepared, packed, or held under
			 insanitary conditions where it may have become contaminated with filth, or
			 whereby it may have been rendered injurious to health; or
(d) any shellfish that is not maintained
			 under temperature control or that is not refrigerated as required by these
			 rules.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-18 - SHELLFISH SANITATION › Section 420-3-18-.04 - Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General
- It shall be unlawful for any person to operate any
			 shellfish processing facility in Alabama unless such person possesses a valid
			 permit issued by the State Health Officer for the operation of such facility.
			 Only persons who comply with the provisions of these rules shall be entitled to
			 receive and retain such permit. Permits shall not be transferable with respect
			 to person or place and shall remain the property of the State Health
			 Department. The permit may be suspended or revoked for violation of these
			 rules.
(2)
When applications
			 may be denied
- Permit applications may be denied if:
(a) The applicant fails to comply with these
			 rules.
(b) He/she has been the
			 permittee or a key employee at a seafood processing facility that has had its
			 permit revoked during the 90 days preceding the submittal of the
			 application.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-18 - SHELLFISH SANITATION › Section 420-3-18-.05 - Inspections

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General
- After a shellfish processing facility is permitted,
			 inspections shall be conducted during periods of operation and at such
			 frequency as necessary to assure that adequate operational and sanitary
			 conditions are maintained. Inspection report forms shall be prescribed by the
			 State Health Officer. A copy of the completed inspection report form listing
			 any deficiencies found and a compliance schedule shall be provided to the key
			 employee(s) of the facility.
(2)
Right of entry
- The State Health Officer, after proper
			 identification, shall be permitted to enter any shellfish processing facility
			 at any time during periods of operation or at any other reasonable time for the
			 purpose of making inspections to determine compliance with the provisions of
			 these rules. The State Health Officer shall be permitted to examine the records
			 of the facility to obtain information pertaining to shellfish
			 processing.
(3)
Report of
			 findings
-
(a) Whenever an inspection
			 of a shellfish processing facility is made, the findings shall be recorded on
			 the prescribed inspection report form. Remarks shall be written to reference
			 the requirements of these rules, and to state the corrections needed and time
			 frame in which they are to be made.
(b) A copy of the completed inspection report
			 listing deficiencies found and a compliance schedule shall be provided to the
			 permittee or key employee(s) of the facility. A copy of the inspection report
			 shall be filed and maintained with the records of the facility for at least 1
			 year.
(c) The completed inspection
			 report form shall state that failure to comply with any time limits for
			 corrections may result in cessation of operations. Critical, Key and Other
			 deficiencies are to be corrected as specified under Rule
			 420-3-18-.06,
			 Enforcement.
(d) The completed
			 inspection report form is a public document that shall be available for public
			 disclosure to any person who requests it according to law.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-18 - SHELLFISH SANITATION › Section 420-3-18-.06 - Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Correction of violations
- The completed inspection report form
			 shall specify a reasonable period of time for the correction of the
			 deficiencies found. Correction of the deficiencies shall be accomplished within
			 the period specified, in accordance with the following provisions:
(a) All critical deficiencies shall be
			 corrected immediately, during the course of the inspection, or the shellfish
			 processing facility permit shall be immediately suspended in accordance with
			 420-3-18-.04(6) 
			 and all shellfish processing operations shall cease until the permit is
			 reinstated. Whenever a critical deficiency is corrected during the course of
			 the inspection, legal notice to maintain compliance without repeat critical
			 deficiencies shall be issued to the permittee or key employee.
(b) All key deficiencies shall be corrected
			 as soon as possible, but in any event within at most 30 days from the date of
			 the inspection and in accordance with the following provisions:
1. A compliance schedule, including dates for
			 corrections to be completed, shall be noted on the inspection report
			 form.
2. Legal notice to correct
			 key deficiency(ies) shall be issued to the permittee or key employee whenever
			 key deficiency(ies) are not corrected according to the compliance schedule.
			 Refusal of the permittee or key employee to sign the inspection report form,
			 compliance schedule, or any legal notice shall not negate the compliance
			 schedule.
(c) All other
			 deficiencies shall be corrected as soon as possible, but in any event by the
			 time of the next routine inspection and in accordance with the following
			 provisions:
1. A compliance schedule,
			 including dates for corrections to be completed, shall be noted on the
			 inspection report form.
2. Legal
			 notice to correct other deficiencies shall be issued to the permittee or key
			 employee whenever other deficiency(ies) are not corrected according to the
			 compliance schedule. Refusal of the permittee or key employee to sign the
			 inspection report form, compliance schedule, or any legal notice shall not
			 negate the compliance schedule.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-18 - SHELLFISH SANITATION › Section 420-3-18-.07 - Nuisance Per Se

Current through Register Vol. 42, No. 9, June 28, 2024
The State Board of Health hereby declares the following to be a
				nuisance per se and a menace to public health: any adulterated shellfish found
				in the possession of any person for commercial purposes; or any improperly
				identified, improperly tagged, unidentified, or untagged sack or container of
				shellfish found in possession of any person for commercial purposes, including
				transport by the harvester to the dealer, other than on board the fisherman or
				harvester's vessel within the harvest area. Agents of the State or County
				Health Department or Department of Conservation and Natural Resources, Marine
				Resources Division, are authorized to seize and hold such, or to order such to
				be seized and held, or to summarily destroy such in accordance with
				law.
Authors:
Lewis A. Byrd, Ph.D., Christine
				  Collins, Jeff McCool, Greg Dunn, Byron Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										9-12-126,
				  22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-18 - SHELLFISH SANITATION › Section 420-3-18-.08 - Requirements For Harvesting, Processing And Distribution Of Shellfish

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Adoption
			 by reference
- The document entitled National Shellfish Sanitation
			 Program Guide for the Control of Molluscan Shellfish, 2017 Revision, Sections I
			 and II, promulgated by the U.S. Department of Health and Human Services, Public
			 Health Service, Food and Drug Administration, is hereby incorporated by
			 reference and made a part of this rule as if set out in full and all provisions
			 thereof are adopted as a rule of the State Board of Health.
(2)
Availability
- Said document
			 is available at the office of Director, Division of Food, Milk, and Lodging,
			 RSA Tower Suite 1250, 201 Monroe Street, Montgomery, Alabama 36104 or online at
http://www.fda.gov/media/117080/download
.
(3)
Control
- Where there is
			 consistency between Chapter 420-3-18 and the National Shellfish Sanitation
			 Program Guide for the Control of Molluscan Shellfish, 2017 Revision, Section I
			 and II, these rules control. Where these rules are silent, the National
			 Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, 2017
			 Revision, Sections I and II, controls.
(4) Water supply for permitted establishments
			 -
(a) The State Health Officer may sample a
			 shellfish processing establishment's water supply as often as necessary to
			 ensure compliance with these rules.
(b) When a water sample of a non-public water
			 system used by a shellfish processing establishment shows coliform present as
			 reported by the Alabama Department of Public Health Bureau of Clinical
			 Laboratories, a resample shall be taken within 7 days. Whenever two consecutive
			 samples taken on separate days show coliform present, the permit to operate
			 shall be suspended by the State Health Officer in accordance with appropriate
			 administrative procedures. A sample result of coliform absent with no confluent
			 growth is required prior to reinstatement of the permit.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-18 - SHELLFISH SANITATION › Section 420-3-18-.09 - Criteria For Opening And Closing Of Shellfish Growing Areas

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Criteria
			 for closing shellfish growing areas to harvesting
-
(a) All Areas classified as Prohibited shall
			 be closed to the harvesting of shellfish.
(b) All Areas classified as Restricted shall
			 be closed to the harvesting of shellfish.
(c) All Areas classified as Temporarily
			 Closed shall be closed to the harvesting of shellfish.
(d) All Areas that are unclassified shall be
			 closed to the harvesting of shellfish
(e) Areas classified as Conditionally
			 Approved shall be open to the harvesting of shellfish except during the
			 following conditions:
1. The discharge or
			 spillage of any substance that is considered hazardous to public
			 health.
2. The presence of
			 biotoxins in concentrations of public health significance.
3. When the fecal coliform geometric mean
			 "most probable number" (MPN) of the growing area water exceeds 14 per 100
			 milliliters, as reported by the Alabama Department of Public Health Bureau of
			 Clinical Laboratories.
4. When the
			 stage of the Mobile River reaches 8 feet at Barry Steam Plant, Bucks, Alabama
			 as measured and reported by the U.S. Army Corps of Engineers.
5. If the river stage reading at Barry Steam
			 Plant is not available, the river stage reading at the most appropriate river
			 gauge as determined by the State Health Officer, that is correlated to the 8
			 feet river level at Barry Steam Plant.
6. Any shellfish growing area defined by
			 Order of the State Health Officer may have more restrictive closing and opening
			 standards based on environmental conditions specific for that area. The more
			 restrictive standards shall be stated in an Area Management Plan.
7. Any event that, in the judgment of the
			 State Health Officer, poses a significant public health problem.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-18 - SHELLFISH SANITATION › Section 420-3-18-.10 - Repealer

Current through Register Vol. 42, No. 9, June 28, 2024
Except for those rules promulgated under the authority of
Code of Ala. 1975
, Sections
				22-21-20, et
seq.
, all rules promulgated by the Board which are in conflict
				with these rules or any portion thereof are hereby expressly
				repealed.
Rule.11 was renumbered to .10 as per certification filed July
				  23, 2012; effective August 27, 2012.
Authors:
Lewis A. Byrd, Ph.D., Christine
				  Collins, Jeff McCool, Greg Dunn, Byron Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										9-12-126,
				  22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-18 - SHELLFISH SANITATION › Section 420-3-18-.11 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
The parts, section, paragraphs and provisions of this Chapter
				are severable. Should any portion thereof be ruled unconstitutional or
				unenforceable by any court, the said ruling shall not offset any other
				provision of this Chapter not ruled upon.
Rule .12 was renumbered to .11 as per certification filed
				  July 23, 2012; effective August 27,
				  2012.
Authors:
Lewis A. Byrd, Ph.D., Christine
				  Collins, Jeff McCool, Greg Dunn, Byron Webb
Statutory Authority:
Code of Ala.
				  1975
, §§
										9-12-126,
				  22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-19 - FOR RETAIL FOOD STORE SANITATION (REPEALED) › Section 420-3-19-.13 - Equipment And Utensils - Design And Fabrication

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-19 - FOR RETAIL FOOD STORE SANITATION (REPEALED) › Section 420-3-19-.15 - Equipment And Utensil Cleaning And Sanitization

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-19 - FOR RETAIL FOOD STORE SANITATION (REPEALED) › Section 420-3-19-.33 - Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-19 - FOR RETAIL FOOD STORE SANITATION (REPEALED) › Section 420-3-19-.34 - Inspections

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-20 - FOOD PROCESSING ESTABLISHMENT SANITATION › Section 420-3-20-.02 - Adoption By Reference

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Adoption by reference of 21 CFR parts 1 through 100 -
The
			 following listed parts of Title 21 Code of Federal Regulations, Parts 1 through
			 100, 2013 Revision, promulgated by the U.S. Department of Health and Human
			 Services, Public Health Service, Food and Drug Administration, are hereby
			 incorporated by reference and made a part of these rules as if set out in full
			 and all provisions thereof are adopted as rules of the State Board of Health.
(a) Parts 1.20 through 1.24 (accurate
			 labeling).
(b) Parts 7.1 through
			 7.13 (guaranty).
(c) Parts 7.40
			 through 7.59 (recalls).
(d) Parts
			 70.20 through 70.25 (packaging and labeling requirements for colors).
(e) Parts 73.1 through 73.615 (listing of
			 color additives exempt from certification).
(f) Parts 74.101 through 74.706 (listing of
			 color additives subject to certification).
(g) Part 81 (general specifications and
			 restrictions for provisional color additives).
(h) Parts 82.3 through 82.706 (listing of
			 certified provisionally listed colors and specifications).
(i) Part 100.155 (labeling of iodized
			 salt).
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-20 - FOOD PROCESSING ESTABLISHMENT SANITATION › Section 420-3-20-.03 - Special Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Enforcement of certain parts reserved.
Due to special
			 circumstances, enforcement of Title 21, Code of Federal Regulations Parts 123,
			 131, 133, 135, and 161 is reserved for the State Health Officer.
(2)
Water and plumbing.
(a) When a sample of a non-public water
			 system shows coliform present as reported by the Alabama Department of Public
			 Health's Bureau of Clinical Laboratories, a resample shall be taken within
			 seven days. Whenever two consecutive samples taken on separate days show
			 coliform present, the permit to operate shall be suspended by the Health
			 Officer in accordance with Rule
			 420-3-20-.04(3).
			 A sample result of coliform absent with no confluent growth is required prior
			 to reinstatement of the permit.
(b)
			 Plumbing standards, sizes, and numbers, other than when a minimum is specified
			 in these rules, are enforced by local plumbing officials.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-20 - FOOD PROCESSING ESTABLISHMENT SANITATION › Section 420-3-20-.04 - Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General.
It shall be unlawful for any person to operate a
			 food-processing establishment unless such person possesses a valid permit
			 issued by the Health Officer for the operation of such establishment. Only
			 persons who comply with the provisions of these rules shall be entitled to
			 receive and retain such a permit. Permits shall not be transferable with
			 respect to person, food processing establishment or location. The permit shall
			 be kept posted in a conspicuous place within the food-processing establishment,
			 but shall remain the property of the Health Department.
(2)
Issuance of permits.
(a) Any person desiring to operate a
			 food-processing establishment shall make written application for a permit on
			 forms provided by the Department. Such application shall include the name and
			 address of each applicant, the location and type of the proposed food
			 processing establishment, and the signature of each applicant. The permits
			 shall be applied for and issued on forms prescribed by the Board. Permits shall
			 automatically expire on the date upon which state, county and municipal annual
			 privilege licenses expire or on a date designated by the Health Officer, and
			 shall be renewable each year upon written application from the permit holder
			 within 90 days prior to the stated date of expiration and upon compliance with
			 these rules.
(b) Prior to approval
			 of an application for a permit, the Health Officer shall inspect the proposed
			 food processing establishment or review the most recent twelve months
			 inspection history to determine compliance with the requirements of these
			 rules.
(c) The Health Officer may
			 issue a permit to the applicant if his or her inspection or review of the
			 inspection reveals that the proposed food-processing establishment complies
			 with the requirements of these rules.
(d) It shall be unlawful for the operator of
			 a food-processing establishment to distribute products in commerce if the
			 operator does not possess a valid permit.
(e) The Department is hereby authorized to
			 function as a clearinghouse for information concerning compliance of Alabama
			 food processing establishments which distribute products in intercounty or
			 interstate commerce.
(f) The Health
			 Officers of recipient counties are hereby authorized to prohibit the sale and
			 distribution of all products from any food-processing establishment located
			 outside their jurisdiction which does not hold a valid permit.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-20 - FOOD PROCESSING ESTABLISHMENT SANITATION › Section 420-3-20-.05 - Inspections

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Inspection frequency.
Food processing establishments shall be
			 inspected:
(a) At least two times each year
			 with a maximum lapse of 210 days between inspections for Priority Category 1
			 food processing establishments.
(b)
			 At least four times each year with a maximum lapse of 120 days between
			 inspections for Priority Category 2 food processing establishments.
(c) Establishments with less than a
			 satisfactory compliance level on the most recent inspection as evidenced by
			 observations of ten or more enumerated violations shall be inspected again
			 within 10 days.
(d) Legal notices
			 shall be issued when priority items including: food source and condition;
			 potentially hazardous food temperatures; facilities to maintain product
			 temperature; failure to follow a HACCP plan when such plan is required by these
			 rules; infected persons; good hygienic practices; sanitization; water supply;
			 sewage; cross connections, back-siphonage and back-flow; toilet and handwashing
			 facilities; vermin control; and toxic items are violated. Necessary
			 reinspections shall be made in accordance with Rule
			 420-3-20-.05(4).
(e) Additional inspections of food processing
			 establishments shall be performed as often as necessary for the enforcement of
			 these rules.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-20 - FOOD PROCESSING ESTABLISHMENT SANITATION › Section 420-3-20-.06 - Examination And Condemnation Of Food

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Food may be examined or sampled by the
			 Health Officer as often as necessary for enforcement of these rules.
(b) The Health Officer may, upon written
			 notice to the owner or person in charge of the establishment and specifying
			 with particularity the reason therefore, place a hold order on any food which
			 he or she believes to be in violation of these rules. The Health Officer shall
			 tag, label, or otherwise identify any food subject to the hold order.
(c) No food subject to a hold or do not sell
			 order shall be used or moved from the establishment. The Health Officer shall
			 permit storage of the food under conditions specified in the hold order, unless
			 storage is not possible without risk to the public health, in which case the
			 food shall be destroyed in accordance with
Code of Ala.
			 1975
, §
								22-10-3.
(d) The hold or do not sell order shall state
			 that a request for hearing may be filed within fifteen days and that if no
			 hearing is requested, the food shall be destroyed. If a request for hearing is
			 received, the hearing shall be held in accordance with the Board's Rules for
			 Hearing Contested Cases.
(e)
			 Nothing in these rules shall be construed to prevent the Health Officer from
			 imposing additional requirements to protect against a potential health hazard,
			 including removing from sale or distribution in commerce a potentially
			 adulterated food, or misbranded or mislabeled food, when, in his/her opinion,
			 such additional requirements are necessary to protect public health.
Rule .16 was renumbered to .06 as per certification filed
				  November 19, 2010; effective December 24, 2010.
Authors:
Ronald Dawsey, Mitzi Waldo
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-20 - FOOD PROCESSING ESTABLISHMENT SANITATION › Section 420-3-20-.07 - Food Processing Establishments Outside The Jurisdiction Of The Health Officer

Current through Register Vol. 42, No. 9, June 28, 2024
Food from food processing establishments outside the
				jurisdiction of the State Health Officer may be sold within Alabama if such
				establishments conform to the provisions of these rules or to substantially
				equivalent rules or regulations. To determine the extent of compliance with
				such provisions, the State Health Officer may accept reports from responsible
				authorities in other jurisdictions where such food processing establishments
				are located.
Rule .17 was renumbered to .07 as per certification filed
				  November 19, 2010; effective December 24,
				  2010.
Author:
Ronald Dawsey
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-20 - FOOD PROCESSING ESTABLISHMENT SANITATION › Section 420-3-20-.08 - Review Of Plans

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Submission of plans.
Whenever a food-processing establishment is
			 constructed or remodeled and whenever an existing structure is converted for
			 use as a food-processing establishment, properly prepared plans and
			 specifications for such construction, remodeling, or conversion shall be
			 submitted to the Health Officer for review and approval before construction,
			 remodeling or conversion is begun. The plans and specifications shall indicate
			 the proposed layout, arrangement, mechanical plans, and construction materials
			 of work areas, and the type and model of proposed fixed equipment and
			 facilities and, upon request of the Health Officer, a description or list of
			 the foods to be processed, packaging labels to be used, and processing steps
			 for the food. The Health Officer shall approve the plans and specifications if
			 they meet the requirements of these rules. No food-processing establishment
			 shall be constructed, remodeled, or converted except in accordance with plans
			 and specifications approved by the Health Officer. Plans shall be reviewed
			 within 20 working days after receipt, including receipt of any required fees.
			 Confidential material submitted to the Health Officer must be treated in
			 accordance with the provisions of
Code of Ala. 1975
,
			 §
								36-12-40.
(2)
Preoperational inspection.
Whenever plans and specifications are required to be submitted to the Health
			 Officer, he or she shall inspect the food processing establishment prior to the
			 start of operations to determine compliance with the approved plans and
			 specifications.
Rule .18 was renumbered to .08 as per certification filed
				  November 19, 2010; effective December 24,
				  2010.
Author:
Ronald Dawsey
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-20 - FOOD PROCESSING ESTABLISHMENT SANITATION › Section 420-3-20-.09 - Procedure When Infection Is Suspected

Current through Register Vol. 42, No. 9, June 28, 2024
When the Health Officer has reasonable cause to suspect
				possible disease transmission by one or more employees of a food processing
				establishment, he or she shall secure a morbidity history of the suspected
				employee or make any other investigation as indicated and shall take
				appropriate action. The Health Officer may require any or all of the following
				measures:
(1) The immediate exclusion
			 of the employee(s) from employment in food processing establishments.
(2) The immediate closure of the
			 food-processing establishment concerned until, in the opinion of the Health
			 Officer, no further danger of disease outbreak exists.
(3) Restriction of the employee's or
			 employees' services to some area of the establishment where there would be no
			 danger of transmitting disease.
(4)
			 Adequate medical and laboratory examination of the employee(s) and of his or
			 her body discharges.
Rule .19 was renumbered to .09 as per certification filed
				  November 19, 2010; effective December 24,
				  2010.
Author:
Ronald Dawsey
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-20 - FOOD PROCESSING ESTABLISHMENT SANITATION › Section 420-3-20-.10 - Cacao Products And Confectionery

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. Plants that produce cacao
			 products and confectionery shall be regulated in accordance with these rules
			 and the rules specified in 21 CFR, Chapter 1, Part 118 (see Appendix B at end
			 of chapter). All definitions, specifications, diagrams and requirements
			 contained therein and any subsequent changes thereto shall be made a part of
			 these rules.
(2) Certified Copies.
			 Three certified copies of 21 CFR, Chapter 1, Part 118, shall remain on file in
			 the office of the State Health Officer.
J. A. Brewer
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-20-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-20 - FOOD PROCESSING ESTABLISHMENT SANITATION › Section 420-3-20-.11 - Smoked And Smoke-Flavored Fish

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. Plants that produce smoked and
			 smoke-flavored fish shall be regulated in accordance with these rules and the
			 rules in 21 CFR, Chapter 1, Part 122 (see Appendix B at end of chapter). All
			 definitions, specifications, diagrams and requirements contained therein and
			 any subsequent changes thereto shall be made a part of these rules.
(2) Certified Copies. Three certified copies
			 of 21 CFR, Chapter 1, Part 122, shall remain on file in the office of the State
			 Health Officer.
J. A. Brewer
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-20-5.