Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 31 - Alaska Food Code
Article 2 - Food Care
18 AAC 31.200 - Food condition and source
Universal Citation: 18 AK Admin Code 18 AAC 31.200
Current through August 30, 2024
(a) The operator of a food establishment shall ensure that food used in the food establishment is wholesome, not adulterated, and safe for human consumption.
(b) In addition, food must be obtained from an approved source, except
(1) sport-caught
seafood that is obtained by a food service
(A)
from the individual who caught the seafood;
(B) for preparation and service only to that
individual; and
(C) if seafood
processing in the food service is separated from other preparation or
processing by location or time;
(2) salmon from a hatchery permitted by the
Department of Fish and Game that is donated to a food bank;
(3) no more than 500 pounds of seafood in one
week that is obtained by a food service or market from a commercial fisherman
if
(A) the operator of a food service or
market obtains a written variance from the department under
18 AAC 31.930;
(B) seafood processing activities are limited
to butchering, freezing, and cooking; and
(C) seafood processing in the food service or
market is separated from other preparation or processing by location or
time;
(4) traditional
wild game meat, seafood, plants and other food donated to an institution or a
nonprofit program, as specified in
18 AAC 31.205;
(5) reindeer for retail sale to or at a
market, as specified in
18 AAC 31.820;
(6) meat imported from a foreign country with
a program for the inspection of game meat approved by the USDA or the
FDA;
(7) Repealed
6/6/2021
(8) mushrooms picked in
the wild if the requirements specified in
18 AAC 31.060 are met.
(c) In addition to meeting the requirements of (a) and (b) of this section, the operator of a food establishment shall obtain
(1) packaged food
that is
(A) in good condition;
(B) in a package that protects the integrity
of the contents so that food is not exposed to adulteration or potential
contaminants; and
(C) labeled in
accordance with the requirements specified in
18 AAC 31.060, including safe
handling instructions for
(i) meat and
poultry that is not a ready-to-eat food and is in a packaged form when it is
offered for sale or otherwise offered for consumption; and
(ii) eggs that have not been specifically
treated to destroy all viable Salmonellae;
(2) raw, raw-marinated,
partially cooked, or marinated-partially cooked seafood that is intended for
consumption in the raw form from a supplier that freezes the seafood, as
specified in
18 AAC 31.250, unless the operator
freezes the seafood on the premises, as specified in
18 AAC 31.250;
(3) fluid milk and milk products that are
pasteurized and that meet the Grade A quality standards specified in 18 AAC 32;
the operator of a food service may reconstitute powdered milk with potable
water or Grade A milk if the reconstituted powdered milk is used within 24
hours after reconstitution;
(4)
shell eggs that are clean and sound and that do not exceed the restricted egg
tolerances for United States Consumer Grade B as specified in 7 C.F.R. Part 56
and 9 C.F.R. Part 590, adopted by reference in
18 AAC 31.011;
(5) egg products, including liquid, frozen,
or dry eggs, that are pasteurized;
(6) molluscan shellfish that are reasonably
free of mud, dead molluscan shellfish, and molluscan shellfish with broken
shells and, that are packaged and identified as follows:
(A) fresh or frozen shucked molluscan
shellfish packaged in a single-use container with a label that identifies the
name, address, and permit number of the shucker-packer or repacker of the
molluscan shellfish, and either the sell-by date or the date shucked;
(B) fresh or frozen molluscan shellfish
packaged in a container that bears legible source identification tags or labels
affixed by the harvester and each dealer that list
(i) the harvester's permit number, the date
of harvest, the most precise identification of the harvest location, and the
type and quantity of molluscan shellfish;
(ii) each dealer's name, address, and permit
number;
(iii) the original
shipper's permit number; and
(iv)
the statement, "This tag is required to be attached until container is empty or
retagged and thereafter kept on file for 90 days.".
(d) The operator of a food establishment shall ensure that molluscan shellfish are not removed from the container in which they are received other than immediately before sale or preparation for service. However, if molluscan shellfish from one tagged or labeled container are not commingled with molluscan shellfish from another tagged or labeled container with different identification numbers, harvest dates, or growing areas as identified on the tag or label,
(1) the molluscan shellfish may be either
displayed on drained ice or held in a display container, and a quantity
specified by a consumer may be removed from the display or display container
and provided to the consumer, if the source of the molluscan shellfish on
display is identified, as specified in (c)(6) of this section;
(2) shucked molluscan shellfish may be held
in a display container from which individual servings are dispensed upon a
consumer's request, if the labeling information for the molluscan shellfish on
display as specified in (c)(6) of this section is
(A) retained as specified in
18 AAC 31.335; and
(B) correlated to the date when the molluscan
shellfish are sold or served; and
(3) shucked molluscan shellfish may be
repacked in consumer self-service containers, if
(A) the labeling information for the
molluscan shellfish is on each consumer self-service container, as specified in
(c)(6) of this section and
18 AAC 31.060; and
(B) the labeling information specified in
(c)(6) of this section is
(i) retained as
specified in
18 AAC 31.335; and
(ii) correlated with the date when the
molluscan shellfish is sold.
(e) The operator of a food establishment shall ensure that the date when the last shellstock from the container is sold or served is recorded on the tag or label.
Authority:AS 17.20.005
AS 17.20.010
AS 17.20.020
AS 17.20.030
AS 17.20.040
AS 17.20.072
AS 17.20.180
AS 17.20.345
AS 17.20.346
AS 44.46.020
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