18 AAC 31.570 - Poisonous or toxic materials

(a) Poisonous or toxic materials are prohibited on the premises of a food establishment except as specified in (b) of this section and

(1) those materials necessary to operate and maintain the establishment, including those needed to clean and sanitize food-contact surfaces, as specified in 18 AAC 31.422 - 18 AAC 31.424, or to control insects and rodents, as specified in 18 AAC 31.535; or

(2) personal care items that are stored in a facility, as specified in 18 AAC 31.565.

(b) To ensure that poisonous or toxic materials are stored so they cannot contaminate food, clean food-contact surfaces, laundered linens, or single-service or single-use articles, the operator of a food establishment shall ensure that

(1) poisonous or toxic materials are separated by spacing or partitioning;

(2) poisonous or toxic materials are located in an area that is not over food, clean food-contact surfaces, laundered linens, or single-service or single-use articles;

(3) medications in a food establishment necessary for the health of employees

(A) are stored in containers that bear a legible manufacturer's or prescription label;

(B) are located to prevent the contamination of food, clean food-contact surfaces, laundered linens, or single-service or single-use articles; and

(C) if stored in a refrigerator, are stored in containers that are kept in a covered, leak-proof container identified as a container for the storage of medication; and

(4) first aid supplies are labeled and stored in a container that is located to prevent contamination of food, clean food-contact surfaces, laundered linens, or single-service or single-use articles.

(c) The operator of a food establishment shall ensure that

(1) each container of poisonous or toxic materials bears a legible manufacturer label, except that a small container filled or taken from a properly-labeled master container may be used if

(A) each smaller container is clearly and individually labeled with the common name of the material;

(B) the directions for use are reviewed with employees; and

(C) the master container is retained on site;

(2) pesticides are

(A) segregated from other chemicals;

(B) used according to 18 AAC 90; and

(C) applied in a manner that

(i) does not constitute a hazard to employees or other persons; and

(ii) prevents contamination, including toxic residues due to drip, drain, fog, splash, or spray on food, clean food-contact surfaces, laundered linens, or single-service or single-use articles;

(3) cleaning agents and sanitizing compounds do not leave a toxic residue on or contaminate food or food-contact surfaces; in addition to meeting the requirements of 18 AAC 90, chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces must meet the requirements specified in 40 C.F.R. 180.940, adopted by reference in 18 AAC 31.011;

(4) chemicals used to wash or peel raw, whole fruits and vegetables meet the requirements specified in 21 C.F.R. 173.315, adopted by reference in 18 AAC 31.011;

(5) chemicals used as boiler water additives meet the requirements specified in 21 C.F.R. 173.310, adopted by reference in 18 AAC 31.011;

(6) drying agents used in conjunction with sanitizing contain only components that are listed as one of the following:

(A) generally recognized as safe for use in food, as specified in 21 C.F.R. Part 182 or 21 C.F.R. Part 184, adopted by reference in 18 AAC 31.011;

(B) generally recognized as safe for the intended use, as specified in 21 C.F.R. Part 186, adopted by reference in 18 AAC 31.011;

(C) approved for use as a drying agent under a prior sanction, as specified in 21 C.F.R. Part 181, adopted by reference in 18 AAC 31.011; if sanitizing is with chemicals, the approval must be specifically for use with chemical sanitizing solutions;

(D) specifically regulated as an indirect food additive for use as a drying agent, as specified in 21 C.F.R. Parts 175 - 178, adopted by reference in 18 AAC 31.011; if sanitizing is with chemicals, the regulation as an indirect food additive must be specifically for use with chemical sanitizing solutions;

(E) approved for use as a drying agent under the threshold of regulation process established by 21 C.F.R. 170.39, adopted by reference in 18 AAC 31.011; if sanitizing is with chemicals, the approval must be specifically for use with chemical sanitizing solutions;

(7) lubricants used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into food or onto food-contact surfaces, meet the requirements specified in 21 C.F.R. 178.3570, adopted by reference in 18 AAC 31.011;

(8) automatic dispensing aerosol units, if used, are

(A) not located in areas where food is prepared or served;

(B) located at least 20 feet from

(i) a processing area;

(ii) a preparation area;

(iii) food;

(iv) food-contact surfaces;

(v) linen;

(vi) a single-service or single-use article storage area; or

(vii) a warewashing area; and

(C) installed and used only in areas beyond the influence of a ventilation system that may result in contamination of the items or areas in (A) and (B) of this paragraph;

(9) rodent bait is contained in a covered, tamper-resistant bait station;

(10) a tracking powder pesticide is not used in a food establishment; a nontoxic tracking powder such as talcum or flour may not contaminate food, food-contact surfaces, linens, or single-service or single-use articles; and

(11) a container used to store poisonous or toxic materials is not used to store, transport, or dispense food.

Notes

18 AAC 31.570

Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/28/2006, Register 180

Effective 12/20/99 Register 152, the Department of Environmental Conservation readopted 18 AAC 31.570, 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.

Authority:AS 17.20.005

AS 17.20.020

AS 17.20.072

AS 17.20.180

AS 17.20.290

AS 44.46.020