Alaska Administrative Code

Notes 18 AAC 32.650 Eff. 9/6/2003, Register 167; repealed 6/6/2021, Register 238, July 2021

Notes 18 AAC 32.655 Eff. 9/6/2003, Register 167; am 12/3/2010, Register 196; repealed 6/6/2021, Register 238, July 2021

Notes 18 AAC 32.660 Eff. 9/6/2003, Register 167; repealed 6/6/2021, Register 238, July 2021

Notes 18 AAC 32.665 Eff. 9/6/2003, Register 167; am 12/3/2010, Register 196; repealed 6/6/2021, Register 238, July 2021

Notes 18 AAC 32.670 Eff. 9/6/2003, Register 167; repealed 6/6/2021, Register 238, July 2021

Notes 18 AAC 32.675 Eff. 9/6/2003, Register 167; repealed 6/6/2021, Register 238, July 2021

Notes 18 AAC 32.680 Eff. 9/6/2003, Register 167; repealed 6/6/2021, Register 238, July 2021

Notes 18 AAC 32.685 Eff. 9/6/2003, Register 167; repealed 6/6/2021, Register 238, July 2021

Notes 18 AAC 32.690 Eff. 9/6/2003, Register 167; am 12/3/2010, Register 196; repealed 6/6/2021, Register 238, July 2021

Notes 18 AAC 32.693 Eff. 9/6/2003, Register 167; am 12/3/2010, Register 196; am 11/5/2017,Register 224, January 2018; repealed 6/6/2021, Register 238, July 2021

Notes 18 AAC 32.695 Eff. 9/6/2003, Register 167; am 12/3/2010, Register 196; am 11/5/2017,Register 224, January 2018; repealed 6/6/2021, Register 238, July 2021

Notes 18 AAC 32.699 Eff. 12/3/2010, Register 196; repealed 6/6/2021, Register 238, July 2021

(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 depa…

Notes 18 AAC 32.905 Eff. 5/23/98, Register 146; repealed 9/6/2003, Register 167

(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…

Notes 18 AAC 32.920 Eff. 5/23/98, Register 146; am 7/11/2002, Register 163; repealed 9/6/2003, Register 167

(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 determini…

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 p…

(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 s…

The following requirements are adopted by reference: (1) 21 U.S.C. 348(a), as revised as of November 21, 1997; (2) 21 U.S.C. 379 e(a), as revised as of August 13, 1993; (3) 21 C.F.R. 101.1 - 101.108 (Food Labeling), as revised as of April 1, 2006; (4) 21 C.F.R. 102.5 - 102.57 (Co…

(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…

(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 info…

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 …

(a) Except as provided in (f) of this section, a person may not conduct an activity described in 18 AAC 34.005(b) without a current annual permit required under this chapter for that activity. An applicant shall apply for a permit to operate a processing facility using a form pro…

(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 an…

(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 responsibili…

(a) Except as provided in 18 AAC 34.525 for a direct-market fishing vessel operation and 18 AAC 34.740 for a direct-market land-based facility, a processor shall have and comply with a sanitation plan that describes the sanitation procedures to be followed at the facility. The pl…

(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 …

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 …

(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 …

(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 wi…

Plumbing must be installed and operated in accordance with the state plumbing code adopted for the state under AS 18.60.705, adopted by reference in 18 AAC 34.010. Except for the toilet and sink requirements specified at 18 AAC 34.085(a) for mobile processing vessels, this code a…

(a) Water provided by a processing facility for drinking or ice making for human consumption must comply with 18 AAC 80. (b) In addition to complying with (a) of this section, a mobile processing facility that is not directly plumbed to a Class A public water system must sample w…

(a) The number of toilets and associated handwash sinks in a land-based facility must comply with the state plumbing code as required by 18 AAC 34.075. The number of toilets on a mobile processing vessel must comply with the Occupational Safety and Health Administration's general…

(a) Equipment and utensils must be adequate for the intended use and must be designed, installed, and maintained to permit equipment, utensils, and adjacent spaces to be easily cleaned. The design, construction, and use of equipment and utensils must prevent contamination of seaf…

(a) Processing waste from seafood products must be disposed of as required by 18 AAC 60 for solid waste or by 18 AAC 72 for wastewater. (b) For sewage disposal from a mobile processing vessel, only a type II or type III marine sanitation device may be used. Marine sanitation devi…

(a) A processor shall ensure that a person with an infected wound or a disease communicable by food, including an employee with persistent sneezing, coughing, or a runny nose, does not work in any capacity that might contaminate seafood products, food ingredients, food-contact su…

(a) A processor shall inspect seafood products and food ingredients to assure that they are wholesome, and that they are not misbranded or adulterated. Only wholesome and unadulterated products may be processed. Records of the condition of incoming seafood products must be retain…

(a) Unless a seafood product is for export only, a processor shall label seafood products as required under this section. (b) Labels must be in English except as provided in 21 C.F.R. 101.15 (Food; prominence of required statements), adopted by reference in 18 AAC 34.010. This su…

(a) The department will not treat a seafood product intended for export as an adulterated or misbranded seafood product if (1) the seafood product (A) was processed using a food additive in violation of 18 AAC 34.115(2) or a color additive in violation of 18 AAC 34.115(3); or (B)…

The term "adulterated seafood product" has the meaning given "adulterated food" in AS 17.20.020 and AS 17.20.030. In addition, a seafood product is adulterated if (1) it is contaminated with oil or another hazardous substance; (2) it contains a food additive that is unsafe under …

The term "misbranded seafood product" has the meaning given "misbranded food" in AS 17.20.040 and 17.20.045. In addition, a seafood product is misbranded if it is not labeled as required by 18 AAC 34.110 or 18 AAC 34.112. Notes 18 AAC 34.120 Eff. 12/18/97, Register 144; am 12/2/9…

Seafood products that are processed for, or placed into, domestic commerce must meet the following standards: (1) for shellfish, either in the shell or shucked but not eviscerated, the bacteriological standard is a fecal coliform density of not more than 230 MPN per 100 grams, an…

(a) Except as provided in (g) of this section, the department may at its expense test nonstatistical, nonrepresentative samples of seafood products for compliance with 18 AAC 34.122, for the presence of other marine toxins, for the presence of heavy metals, or for the presence of…

(a) A person who harvests, handles, prepares, processes, shucks, packs, repacks, or transports fresh or frozen shellfish for sale as part of commerce intended for human consumption shall meet the requirements of 18 AAC 34.200 - 18 AAC 34.210. In addition, except for a person who …

(a) Shellfish may be processed only in a land-based or dockside facility and only by a person who has a current annual permit issued by the department. (b) Except for a shellfish harvester, a shellfish permit applicant shall meet the requirements of 18 AAC 34.035 - 18 AAC 34.060 …

(a) A person may not harvest shellfish for sale for human consumption from a shellfish growing area unless the department first approves the shellfish growing area. In order to obtain approval of a shellfish growing area, a person shall send a letter to the department describing …