Arkansas Administrative Code

20 CAR § 172-113. Thermometers. (a) Monitoring temperatures in milk banks is critical to the safety of the breast milk distributed. (b) The quality and accuracy of thermometers used to monitor temperatures in refrigerators and freezers and at critical points in the pasteurization…

20 CAR § 172-114. Thermometers used in the pasteurization process. (a)(1) When using equipment specially designed for human breast milk pasteurization, the: (A) Procedures for the use of the machine are followed; and (B) Machine is calibrated and maintained per manufacturer's gui…

20 CAR § 172-115. Thermometer calibration procedure. (a)(1) Use the ice-point method. (2) Insert the thermometer probe and the reference thermometer probe into a container of ice and water. (3) Allow the temperature to stabilize. (4) Compare readings and adjust thermometer to ref…

20 CAR § 172-116. Breast milk analyzers. (a) Nutritional analysis of breast milk is not a minimum requirement for breast milk banks. (b) However, if a breast milk bank chooses to use a nutritional analyzer, it is used within the following parameters: (1) The instrument is maintai…

20 CAR § 172-117. Handling. (a) All persons working in direct contact with breast milk, breast milk contact surfaces, and breast milk packaging materials adhere to hygienic practices while on duty to the extent necessary to protect against contamination of breast milk. (b) The me…

20 CAR § 172-118. Logging of incoming breast milk. (a) All donated breast milk is identified as relating to a specific approved breast milk donor. (b) Donated breast milk is: (1) Packaged securely with identification visible; and (2) Maintained in a frozen state until chosen for …

20 CAR § 172-119. Defrosting and pooling. (a)(1) Breast milk is generally thawed in refrigerators in a manner that prevents the breast milk from becoming adulterated or contaminated. (2) Final thawing may occur outside of the refrigerator as long as temperature expectations are m…

20 CAR § 172-120. Requirements of raw-frozen breast milk distribution. (a) Each pool of breast milk has a sample taken for bacteriologic screening using sterile technique. (b)(1) Only breast milk from pools with equal to or less than ten to the fourth power colony forming units p…

20 CAR § 172-121. Aliquoting and heat processing. (a) Aliquoting when using the Holder pasteurization method. (1)(A) Pooled breast milk is aliquoted into clean containers. (B) Original containers may be used as long as: (i) They have been maintained under clean conditions; (ii) M…

20 CAR § 172-122. Breast milk dispensing. (a) All breast milk dispensed is heat-processed unless a prescribing healthcare provider requests fresh-frozen or fresh-chilled raw breast milk. (b)(1) In the event that a breast milk bank is unable to supply the needs of its recipients, …

20 CAR § 172-123. Transfer of human breast milk. (a)(1) Breast milk may be transferred from one (1) breast milk bank to another upon request. (2) The transferring breast milk bank: (A) Transfers breast milk from approved donors only; and (B) Establishes a transfer agreement with …

20 CAR § 172-124. Breast milk bank records. (a) Donor records include: (1) Initial donor screening form, documenting: (A) Medical history; (B) History of communicable diseases; (C) Lifestyle choices that are risks for donated breast milk, including alcohol and nicotine use; and (…

20 CAR § 172-125. Tracking and recall of donor human breast milk. (a) A system of tracking donor breast milk from donor to recipient is maintained. (b)(1) A mock recall to test the breast milk bank's ability to track a donation from donor to recipient in six (6) hours or fewer is…

20 CAR § 172-126. Research. (a) A breast milk bank may decide whether or not to provide milk for an external research project. (b) Breast milk banks that use milk for internal and external research purposes state this in their informed consent of donors.

20 CAR § 172-127. Annual assessment and accreditation. (a) All nonprofit breast milk banks are required to complete an annual Human Milk Banking Association of North America (HMBANA) accreditation. (b) Schedule of assessments for accreditation are set by HMBANA.

20 CAR § 173-101. Definitions. For the purpose of this part, its interpretation, and its application, the following definitions and standards shall apply: (1)(A) “Frozen dessert” means any frozen substance, mixture, or compound as defined in 20 CAR § 173-102 or any frozen substan…

20 CAR § 173-102. Definitions and standards of identity for frozen desserts. As used in this part: (1) “Frozen dietary dessert” and “frozen dietary dairy dessert” means a food for any special dietary use prepared by freezing, with or without agitation, composed of a pasteurized m…

20 CAR § 173-103. Labeling. (a) All frozen desserts produced or offered for sale within the State of Arkansas shall be labeled in accordance with the: (1) Food, Drug, and Cosmetic Act, Arkansas Code § 20-56-201 et seq. (Acts 1953, No. 415)); (2) Fair Packaging and Labeling Act of…

20 CAR § 173-104. Sampling and examination of frozen dessert mix and frozen desserts. Samples of frozen dessert mix and frozen desserts shall be taken at a frequency determined by the health authority and examined in the Department of Health laboratory for bacterial quality, adul…

20 CAR § 173-105. Inspection of frozen dessert plants. (a)(1) Prior to the issuance of a permit, and at least once each calendar quarter, the health authority shall inspect each frozen dessert plant within the State of Arkansas, such inspection to include a check of all pasteuriz…

20 CAR § 173-106. Permit or license required. (a)(1) Prior to the production or offer for sale of any frozen dessert mix or frozen dessert within the State of Arkansas, each plant or distributor of frozen dessert mix or frozen dessert must apply for and be issued a permit as requ…

20 CAR § 173-107. Sanitation standards for frozen dessert plants. (a) Floors. (1) The floors of all rooms in which mix, frozen desserts, or their ingredients are manufactured, processed, or frozen, or in which containers and utensils are washed, shall be: (A) Constructed of concr…

20 CAR § 173-108. Plans required for future construction. Plans and specifications for all frozen desserts plants from which mix or frozen desserts are manufactured in the State of Arkansas, which are hereafter constructed, reconstructed, or extensively altered shall be submitted…

20 CAR § 173-109. Severability. Should any section, paragraph, sentence, clause, or phrase of this part be declared unconstitutional or invalid for any reason, the remainder of this part shall not be affected thereby.

20 CAR § 174-101. Purpose. (a)(1) Arkansas consumers enjoy one of the safest food supplies in the world. (2) Enhancing the safety of the food supply is a high priority of the State Board of Health and actions to improve the safety of the food supply are necessary. (3) While most …

20 CAR § 174-102. Definitions. As used in this part: (1) “Adulterated” means a food is deemed to be adulterated if: (A)(i) It bears or contains any poisonous or deleterious substance which may render it injurious to health. (ii) However, if the substance is not an added substance…

20 CAR § 174-103. General requirements. (a)(1) Whenever the State Health Officer is satisfied that there is good reason to believe that any importation originating from any foreign country is being made, or is about to be made into Arkansas, of any article used for human food or …

20 CAR § 174-104. Violations and penalties. (a)(1) In addition to any criminal penalties that are allowable under Arkansas Code § 20-56-205, every person who violates the provisions of this part may be assessed a civil penalty by the State Board of Health. (2) The penalty shall n…

20 CAR § 174-105. Severability. If any provision of this part or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this part which can give effect without the invalid provisions or applicat…

20 CAR § 174-106. Repeal. All rules and parts of rules in conflict herewith are hereby repealed.

20 CAR § 176-101. Purpose. To protect the health of the citizens of Arkansas by establishing acceptable criteria for the processing and bottling of bottled drinking water.

20 CAR § 176-102. Definitions. For the purposes of this part, the following terms are defined: (1) "Approved laboratory" means a laboratory approved by the Department of Health; (2)(A) "Approved source" means any source of water, whether it be a spring, artesian well, drilled wel…

20 CAR § 176-103. Labeling. All bottled water produced or offered for sale within the State of Arkansas shall be labeled in accordance with the: (1) Food, Drug, and Cosmetic Act, Arkansas Code § 20-56-201 et seq.; (2) Fair Packaging and Labeling Act of 1967, as amended, 15 U.S.C.…

20 CAR § 176-104. Building and facilities. (a) Plan review. (1) Prior to beginning construction or extensive remodeling, plans for proposed water bottling plants must first be submitted to the Plan Review Section of the Division of Environmental Health Protection of the Departmen…

20 CAR § 176-105. Personnel. (a) Employee health. No person while infected with a disease in a communicable form that can be transmitted by water or who is a carrier of organisms that cause such disease or while afflicted with a boil, an infected wound, or an acute respiratory in…

20 CAR § 176-106. Equipment and procedures. (a) Suitability. (1)(A) All plant equipment and utensils shall be suitable for their intended use. (B) This includes all collection and storage tanks, piping, fittings, connections, bottle washers, fillers, cappers, and other equipment …

20 CAR § 176-107. Production and process controls. (a) Treatment of product water. (1) All treatment of product water by distillation, ion-exchanging, filtration, ultraviolet treatment, reverse osmosis, carbonation, mineral addition, or any other process shall be done in a manner…

20 CAR § 176-108. Permits. (a) In-state bottled water plants. (1) No bottled water plant shall be allowed to operate unless it has procured a food establishment permit from the Division of Environmental Health Protection of the Department of Health. (2) Any bottled water plant ma…

20 CAR § 176-109. Penalties. Penalties for violations of this part may be imposed as provided in Arkansas Code § 20-7-101.

20 CAR § 176-110. Repeal. All rules in conflict herewith are hereby repealed.

20 CAR § 190-101. Title. Food Code. These provisions shall be known as the Food Code, hereinafter referred to as this subchapter.

20 CAR § 190-102. Intent. Food safety, illness prevention, and honest presentation. The purpose of this subchapter is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.

20 CAR § 190-103. Scope. Statement. This subchapter establishes definitions, sets standards for management and personnel, food operations, and equipment and facilities, and provides for retail food establishment plan review, permit issuance, inspection, employee restriction, and …

20 CAR § 190-201. Applicability and terms defined — Statement of application of listing of terms. (a) The following definitions apply in the interpretation and application of this subchapter. (b) As used in this subchapter, each of the terms listed this subsection shall have the …

20 CAR § 191-101. Responsibility — Assignment.* (a) Except as specified in subdivision (a)(2)(B) of this section, the permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the retail food establish…

20 CAR § 191-102. Knowledge. (a) Demonstration.* (1) Based on the risks inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the hazard anal…

20 CAR § 191-103. Duties. Person in charge. The person in charge shall ensure that: (1) Retail food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under 20 CAR § 195-202(a); Pf (2) Persons unnecessary to …