18 AAC 31.910 - Examination, detention, and destruction of food
(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.
Notes
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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