Alaska Administrative Code

(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Notes 18 AAC 32.905 Eff. 5/23/98, Register 146; repealed 9/6/2003, Register 167 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will …

(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Notes 18 AAC 32.920 Eff. 5/23/98, Register 146; am 7/11/2002, Register 163; repealed 9/6/2003, Register 167 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mo…

(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 …

(a) A person who harvests shellfish for bait to be sold as part of commerce must have an annual harvesting permit from the department, pay the applicable fee required in 18 AAC 34.900, and comply with this section. (b) Bait shellfish must be dyed no later than the end of each day…

(a) Geoducks may only be harvested from a vessel that has a current annual permit issued by the department. (b) An owner of a geoduck dive vessel shall(1) apply for an annual permit under 18 AAC 34.035(a) (1), (c), (d), (e), (f), and (g); and (2) submit to the department for appr…

(a) A person who processes smoked or smoke-flavored seafood products for sale as part of commerce intended for human consumption or who processes smoked or smoke-flavored seafood products as a custom processor shall meet the requirements of 18 AAC 34.030 - 18 AAC 34.210, 18 AAC 3…

(a) Except as provided in (b) of this section, the process used to make smoked or smoke-flavored seafood products must be approved by the department because of potential food safety hazards. (b) A person who processes sport-caught seafood products using a smoking process that is …

(a) The department approves the process described in this section, for salmon only, as an alternative to meeting the time and temperature requirements of 18 AAC 34.310(h). Salmon processed under this section is not shelf-stable and must be labeled as required by 18 AAC 34.110(c) …

(a) A finished smoked or smoke-flavored seafood product that does not meet shelf-stable requirements and that is not further processed immediately after smoking must be (1) cooled as provided in 18 AAC 34.105(i); or (2) frozen immediately after removal from the smoker. (b) Except…

(a) A person who thermally processes seafood products intended for human consumption must meet the requirements of this section and the requirements of 21 C.F.R. 108.35 and 21 C.F.R. 113.3 - 113.100, adopted by reference in 18 AAC 34.010, in addition to the requirements of 18 AAC…

Alaska Administrative Code Title 1 - General Provisions Title 2 - Administration Title 3 - Commerce, Community, and Economic Development Title 4 - Education and Early Development Title 5 - Fish and Game Title 6 - Governor's Office Title 7 - Health and Social Services Title 8 - La…

Alaska Administrative Code Title 1 - General Provisions Title 2 - Administration Title 3 - Commerce, Community, and Economic Development Title 4 - Education and Early Development Title 5 - Fish and Game Title 6 - Governor's Office Title 7 - Health and Social Services Title 8 - La…

Alaska Administrative Code Title 1 - General Provisions Title 2 - Administration Title 3 - Commerce, Community, and Economic Development Title 4 - Education and Early Development Title 5 - Fish and Game Title 6 - Governor's Office Title 7 - Health and Social Services Title 8 - La…

(a) A person who operates a direct-market fishing vessel to process seafood products for sale as part of commerce intended for human consumption shall meet the requirements of 18 AAC 34.500 - 18 AAC 34.525. In addition, an operator of a direct-market fishing vessel must meet the …

(a) A direct-market fishing vessel must be equipped with either a wash-down hose or another means to supply adequate amounts of water to the processing area and deck for cleaning and sanitizing. (b) A direct-market fishing vessel must be equipped with a marine sanitation device a…

(a) Sources of fresh and salt water supplies for a direct-market fishing vessel must be approved by the department. (b) Processing water supplies may not come in contact with or become exposed to sewage or other contamination. (c) Processing water used for final rinsing of a seaf…

Instead of the sanitation plan required by 18 AAC 34.050, a direct-market fishing vessel operator who is not required to develop a HACCP plan under 18 AAC 34.045 shall develop a written cleaning and sanitizing schedule sufficient to comply with this chapter. The owner or operator…

The requirements of 18 AAC 34.600 - 18 AAC 34.625 are in addition to all other applicable requirements of this chapter, and apply (1) if the department finds that an oil spill threatens to contaminate a body of water where seafood that is intended to be sold as part of commerce a…