Section 18.31.200. Food condition and source.

	(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) reindeer slaughtered or processed in accordance with 18 AAC 32.600 - 18 AAC 32.699; and  
		(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.  

Authorities

17.20.005;17.20.010;17.20.020;17.20.030;17.20.040;17.20.072;17.20.180;17.20.345;17.20.346;17.20.347;44.46.020;03.05;17.20

Notes

Reference

18 AAC 31.210
18 AAC 31.222
18 AAC 31.228
18 AAC 31.330
18 AAC 31.335
18 AAC 31.990
18 AAC 34.005

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 17.20.347 AS 44.46.020 Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.200, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20. Copies of the federal regulations adopted by reference in 18 AAC 31.011 may be obtained from the department's Anchorage, Fairbanks, or Juneau office.

History

Eff. 5/18/97, Register 142; am 5/23/98, Register 146; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 9/6/2003, Register 167; am 12/28/2006, Register 180; am 12/3/2010, Register 169

References

18.31.200;18.31;18.31.011