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 Alaska Administrative Code (Last Updated: January 12, 2017)
 Title 18. Environmental Conservation.
 Chapter 18.32. Milk, Milk Products, and Reindeer Slaughtering and Processing.
 Article 18.32.2. Cheese.

  Section 18.32.275. Detention and destruction.  

Latest version. 
  • 	(a)  A cheese producer shall destroy or  detain for further processing or testing cheese that has tested positive for  
		(1) Listeria monocytogenes;   
		(2) Salmonella;    
		(3) Enterohemorrhagic Escherichia coli; or  
		(4) any of the following bacterial pathogens or toxins if the tolerance for that pathogen or toxin is exceeded  
			(A) Escherichia coli- X 104 or greater organisms per gram;  
			(B) Enterotoxigenic Escherichia coli - X 103 per gram, heat labile enterotoxin or heat stable enterotoxln positive;  
			(C) Staphylococcus aureus - positive for Staphylococcal enterotoxin or if  viable count, expressed as the most probable number (MPN), is 1 X 104 greater per gram and toxin test is negative.  
	(b)   If sample analysis of pasteurized milk or cheese made from pasteurized milk reflects a positive phosphatase test, the cheese producer shall  
		(1) destroy the milk or cheese derived from that milk; or  
		(2) detain the milk or cheese derived from that milk for further processing or  testing.  
	(c)  The department may require that a cheese producer detain cheese, a cheese product,  or a food ingredient if the department finds, or has cause to believe, that the cheese, cheese product, or food ingredient is adulterated, misbranded, or processed in violation of 18 AAC 32.210 - 18 AAC 32.295. Detention under this subsection is subject to the following procedures:  
		(1) the department will  
			(A)  issue a notice of detention and inform the cheese producer of the  conditions under which the detention can be terminated; and  
			(B) affix to the cheese, cheese product, or food ingredient a "detained" tag  or other appropriate marking that gives notice that the cheese, cheese product, or food  ingredient has been detained;  
		(2)  if, after issuing a notice of detention, the department finds that the cheese,  cheese product, or food ingredient is not adulterated, misbranded, or processed in violation of  18 AAC 32.210 - 18 AAC 32.295, the department will terminate detention and notify the cheese  producer;   
		(3) if the department finds that the cheese, cheese product, or food ingredient is adulterated, misbranded, or processed in violation of 18 AAC 32.210 - 18 AAC 32.295, the department will  
			(A)  notify the cheese producer of the corrective action necessary; corrective action may include destruction of the cheese, cheese product, or food ingredient; and  
			(B) comply with the procedures set out in AS 17.20.240.  
	(d)   A cheese producer may not take, without department approval, an action with respect to an item detained under this section.  
	(e)  The department may require a cheese producer to destroy cheese if it violates standards or tolerances set out in (a) of this section, or if the cheese was made under the same conditions as other cheese found to violate those standards or tolerances.  
	(f)  If the department determines that an imminent health hazard exists, the department, in addition to requiring detention or destruction under this section, may take any other actions authorized under AS 03.05,  AS 17.20,  and AS 44.46.020, including modifying, suspending, or revoking a cheese producer's permit under 18 AAC 32.285.  
	(g)  In this section, "destroy" or "destruction" means to dispose of cheese, a cheese product, or a food ingredient in a manner that precludes human consumption.

Authorities

03.05.011;03.05.030;03.05.050;17.20.005;17.20.020;17.20.050;17.20.060;17.20.070;17.20.072;17.20.180;17.20.190;17.20.220;17.20.230;17.20.240;17.20.250;17.20.260;17.20.270;17.20.280;44.46.020

Notes


Reference

18 AAC 32.255