Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 31 - Alaska Food Code
Article 9 - Compliance Procedures and General Provisions
18 AAC 31.910 - Examination, detention, and destruction of food
Universal Citation: 18 AK Admin Code 18 AAC 31.910
Current through August 30, 2024
(a) The department may examine and obtain samples of food offered or displayed for sale to the public.
(b) The department may detain a food product or food ingredient if the department determines, or has cause to believe, that the food product or food ingredient is adulterated, misbranded, or processed or harvested in violation of this chapter. Detention under this subsection is subject to the following procedures:
(1) the department will
(A) order affixed in a conspicuous place to
the food product or food ingredient a "detained" tag or other appropriate
marking that gives notice that the food product or food ingredient has been
detained, and that warns against the removal or disposal of the food product or
food ingredient without permission from the department or a court; a person may
not move, reprocess, relabel, destroy, or otherwise terminate detention of the
food product or food ingredient without the department's written
consent;
(B) issue a notice of
detention and inform the immediate custodian or operator of conditions under
which the detention can be terminated; and
(C) notify the immediate custodian or
operator of the results of any laboratory analysis conducted by the
department;
(2) the
immediate custodian or operator may request an expedited hearing in writing not
later than 30 days after receipt of the notice of detention by serving the
request on the commissioner and the office of administrative hearings (AS
44.64.010); if a timely request for an expedited hearing is received, the
office of administrative hearings will hold an expedited hearing and make a
recommended decision to the commissioner or to the commissioner's designee if
the designee is a person other than the person who issued the notice of
detention; the office of administrative hearings will hold fill expedited
hearing under AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990 not later than seven days after receipt of a request and will issue!
recommended decision not later than seven days after the hearing, or not later
than 35 days after the date of the notice of detention, whichever is later; the
commissioner will issue a final department decision within the shortest
feasible time;
(3) if, after
issuing a notice of detention, the department determines that the food product
or food ingredient is not adulterated, misbranded, or processed or harvested in
violation of this chapter, the department will notify the immediate custodian
or operator and order the detention terminated; and
(4) if the department determines that the
food product or food ingredient is adulterated, misbranded, processed, or
harvested in violation of this chapter, the department will notify the
immediate custodian or operator by personal service or certified mail of the
corrective action necessary, which may include destruction of the food product
or food ingredient.
Authority: AS 03.05.011
AS 17.20.005
AS 17.20.010
AS 17.20.020
AS 17.20.040
AS 17.20.070
AS 17.20.072
AS 17.20.180
AS 17.20.200
AS 17.20.230
AS 17.20.240
AS 17.20.250
AS 17.20.270
AS 17.20.290
AS 44.46.020
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