Current through August 30, 2024
(a) The
operator of a food establishment shall ensure that food packaged in the
establishment is labeled as specified in (b) of this section, except
(1) bulk, unpackaged food, such as a bakery
product or unpackaged food that is portioned to consumer specification, if
(A) a health, nutrient content, or other
claim is not made; and
(B) the food
is manufactured or prepared on the premises of the food establishment or at
another food establishment or food processing establishment that is owned by
the same person and is regulated by the regulatory agency that has
jurisdiction; or
(2)
distilled spirits, wine, or malt beverages.
(b) Food packaged in a food establishment
must be labeled
(1) except if exempted in
21 C.F.R.
101.9(j) and 9 C.F.R. 317.400, in accordance with 21 C.F.R. Part 101 or 9 C.F.R. Part 317, adopted by
reference in
18 AAC 31.011;
(2) in accordance with general and
standard-of-identity requirements specified in 21 C.F.R. Parts 130 - 169 and 9
C.F.R. Part 319, adopted by reference in
18 AAC 31.011;
(3) with the name of the food source for each
major food allergen in accordance with
21 U.S.C.
343(w), adopted by reference
in
18 AAC
31.011;
(4) with one of the following product holding
statements, as necessary:
(A) "KEEP FROZEN",
if keeping the product frozen is required to prevent growth of infectious or
toxigenic microorganisms or deterioration of the product;
(B) "KEEP REFRIGERATED", if keeping the
product refrigerated is required to prevent growth of infectious or toxigenic
microorganisms or deterioration of the product;
(5) with the statement "PREVIOUSLY FROZEN"
for meat, seafood, or poultry that has been previously frozen and thawed;
and
(6) with information required
in 18 AAC 31.265 and
18 AAC 31.700 -
18 AAC 31.770.
(c) The operator of a market shall
prominently label bulk food that is displayed for self-service with one or more
of the following forms of information, presented in plain view of the consumer:
(1) the manufacturer's or processor's label
that was provided with the food;
(2) a card, sign or other method of
notification that includes, except if the food is exempted in
21 C.F.R.
101.9(j) or 9 C.F.R. 317.400, the information required in 21 C.F.R. Part 101 and 9 C.F.R. Part 317,
adopted by reference in
18 AAC
31.011.
(d) The operator of a food establishment that
sells, uses, or serves mushrooms picked in the wild shall ensure the mushrooms
are conspicuously identified by a label, placard, or menu notation that states
(1) the common and usual name of the
mushroom; and
(2) the statement
"Wild mushrooms; not an inspected product".
(e) The operator of a food establishment that
sells, uses, or serves salmonid fish containing canthaxanthin or astaxanthin
shall display the labeling from the bulk fish container, including a list of
ingredients, on the retail container or by other written means that discloses
the use of canthaxanthin or astaxanthin. For purposes of this subsection,
"salmonid fish" includes pink salmon, coho salmon, sockeye salmon, Chinook
salmon, Atlantic salmon, chum salmon, rainbow trout, cutthroat trout, and brown
trout.
(f) If a food establishment
sells, uses, or serves beef, eggs, seafood, lamb, milk, pork, poultry,
molluscan shellfish, or another animal food, either ready-to-eat or as an
ingredient in another ready-to-eat food, and sells, uses, or serves that animal
food raw, not cooked to the temperature specified in
18 AAC 31.232, or without otherwise being processed to
eliminate pathogens, the operator of the food establishment shall inform
consumers of the significantly increased risk of consuming those foods by the
use of a brochure, deli case or menu advisory, label statement, table tent,
placard, or other effective written means that contains
(1) disclosure by either
(A) a description of the animal-derived food,
such as "oysters on the half shell (raw oysters)", "raw-egg Caesar salad", and
"hamburgers (can be cooked to order)"; or
(B) identification of the animal-derived food
by an asterisk by the name of the food to a footnote that states that the items
are served raw or undercooked, or contain or may contain raw or undercooked
ingredients; and
(2) a
reminder that includes an asterisk by the description or identification of the
animal-derived food requiring disclosure to a footnote that states
(A) "Regarding the safety of these foods,
written information is available upon request.";
(B) "Consuming raw or undercooked meats,
poultry, seafood, shellfish, or eggs may increase your risk of foodborne
illness."; or
(C) "Consuming raw or
undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk
of foodborne illness, especially if you have certain medical
conditions.".
(g) The operator of a food establishment
shall submit to the department an example of a label or notice intended for use
under this section for department review before use.
Authority:AS
17.20.005
AS
17.20.010
AS
17.20.040
AS
17.20.044
AS
17.20.049
AS
17.20.072
AS
17.20.180
AS
17.20.290
AS
17.20.300
AS
44.46.020
