007.04.12 Ark. Code R. § 003 - Rules Pertaining to Good Manufacturing Practices
Current through Register Vol. 2022, No. 3, March, 2022
The following Rules and Regulations Pertaining to Review of Plans for Food Processing Establishments are duly adopted and promulgated by the Arkansas State Board of Health pursuant to the authority expressly conferred by the Laws of the State of Arkansas, including, without limitation, Act No. 96 of 1913 (Ark. Code Ann. § 20-7-I09) and Act 415 of 1953 (Ark. Code Ann. §§ 20-56-201 through 20-56-223 ).
The Arkansas State Board of Health finds and declares that a uniform statewide code is needed to regulate all food manufacturing, processing, packing, holding, or transporting operations conducting business in the State of Arkansas, to provide for uniformity in inspecting of such establishments, and to protect the health of consumers by preventing the sale or distribution of foods which have become adulterated or misbranded.
Establishments engaged exclusively in the salvaging of food products under the provisions of the Arkansas Food Salvage Act, Act 241 of 1963 and in accordance with the Rules and Regulations promulgated there unto, are herewith excluded from the provisions of these Rules and Regulations.
For the purpose of these Regulations, the following terms are defined:
Water activity will be considered safe for a food if adequate data are available that demonstrate that the food at or below the given aw will not support the growth of undesirable microorganisms.
The plant management shall take all reasonable measures and precautions to ensure the following:
The grounds about a plant under the control of the operator shall be kept in a condition that will protect against the contamination of food. The methods for adequate maintenance of grounds include, but are not limited to:
Plant buildings and structures shall be suitable in size, construction, and design to facilitate maintenance and sanitary operations for food-manufacturing purposes. The plant and facilities shall:
Buildings, fixtures, and other physical facilities of the plant shall be maintained in a sanitary condition and shall be kept in repair sufficient to prevent food from becoming adulterated within the meaning of the Act. Cleaning and sanitizing of utensils and equipment shall be conducted in a manner that protects against contamination of food, food-contact surfaces, or food-packaging materials.
No pests or animals shall be allowed in any area of a food plant. Guard or guide dogs may be allowed in some areas of a plant if the presence of the dogs is unlikely to result in contamination of food, food-contact surfaces, or food-packing materials. Effective measures shall be taken to exclude pests from the processing areas and to protect against the contamination of food on the premises by pests. The use of insecticides or rodenticides is permitted only under precautions and restrictions that will protect against the contamination of food, food-contact surfaces, and food-packaging materials.
All food-contact surfaces of equipment and utensils and non-food-contact surfaces of equipment shall be cleaned and sanitized as frequently as necessary to protect against contamination of food.
Cleaned and sanitized portable equipment with food-contact surfaces and utensils should be stored in a location and manner that protects food-contact surfaces from contamination.
Each plant shall be equipped with adequate sanitary facilities and accommodations including, but not limited to:
The water supply shall be sufficient for the operations intended and shall be derived from an adequate source in compliance with applicable water supply regulations adopted by the State Board of Health. Any water that contacts food or food-contact surfaces shall be safe and of adequate sanitary quality. Hot and cold running water under pressure shall be provided in all areas where required for the processing of food, for the cleaning of equipment, utensils, and food-packaging materials, or for employee sanitary facilities.
Plumbing shall be installed in accordance with the Arkansas State Plumbing Code and shall be of adequate size and design, installed and maintained to:
Sewage disposal shall be made into an adequate and approved sewerage system which is in compliance with applicable wastewater disposal regulations adopted by the State Board of Health.
The plant shall be provided with adequate and conveniently located toilets, installed in accordance with the Arkansas State Plumbing Code. The toilet facilities shall be:
Hand-washing facilities shall be adequate and convenient and shall be furnished with running water at a suitable temperature. Compliance with this requirement may be accomplished by providing:
Rubbish and any offal shall be so conveyed, stored and disposed of as to minimize the development of odor, minimize the potential for the waste becoming an attractant and harborage or breeding place for pests, and protect against contamination of food, food-contact surfaces, water supplies and ground surfaces.
All plant equipment and utensils shall be so designed and of such material and workmanship as to be adequately cleanable, and shall be properly maintained. The design, construction, and use of equipment and utensils shall preclude the adulteration of food with lubricants, fuel, metal fragments, contaminated water or any other contaminants. All equipment should be so installed and maintained as to facilitate the cleaning of the equipment and of all adjacent spaces. Food contact surfaces shall be corrosion-resistant and shall be made of non-toxic materials and designed to withstand the environment of their intended use and the action of food, and if applicable, cleaning compounds and sanitizing agents. Food-contact surfaces shall be maintained to protect food from being contaminated by any source, including unlawful indirect food additives.
All operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging, processing and storing of food shall be conducted in accordance with adequate sanitation principles. Appropriate quality control operations shall be employed to ensure that food is suitable for human consumption and that food-packaging materials are safe and suitable. Overall sanitation of the plant shall be under the supervision of one or more competent individuals assigned responsibility for this function. All reasonable precautions shall be taken to ensure that production procedures do not contribute contamination from any source. Chemical, microbial or extraneous material testing procedures shall be used where necessary to identify sanitation failures or possible food contamination. All food that has become contaminated to the extent that it is adulterated within the meaning of the Act shall be rejected, or if permissible, treated or processed to eliminate the contamination.
Storage and transportation of finished food shall be under conditions that will protect food against physical, chemical and microbial contamination as well as against deterioration of the food and the container.
Natural or unavoidable defects in food for human use that present no health hazard
No person shall operate a food processing establishment who does not have a valid food establishment permit issued to him by the Health Authority in accordance with Act 378 of 1991 (Ark. Code Ann. §§ 20-57, 201 through 20-57-205 ). Only a person who complies with the requirements of these Regulations shall be entitled to receive or retain a food establishment permit. Permits are not transferable. A valid permit shall be conspicuously posted in every food processing establishment.
Prior to the issuance of a permit the following requirements shall be met:
Procedures for the suspension and/or revocation of a food establishment permit shall be in accordance with Act 434 of 1967 (Ark. Code Ann. §§ 25-15-201 through 25-15-214 ).
Representatives of the Health authority, after proper identification, shall be permitted to enter any food manufacturing establishment or food storage warehouse at any reasonable time for the purpose of making inspections to determine compliance with these regulations.
The representatives shall be permitted to examine records maintained in the establishment to obtain information pertaining to the source of food and supplies in the establishment when deemed necessary for the enforcement of these regulations.
Prior to beginning construction or extensive remodeling, plans for the proposed food processing establishment must first be submitted to the Plan Review Section of the Health Authority for review and approval. A pre-opening inspection must be conducted by the Health Authority to assure that construction has been accomplished in accordance with the approved plans.
The person in charge of a food establishment that is affected by a fire, flood, extended power outage or a similar significant occurrence that creates a reasonable probability that food in the food establishment may have been contaminated or that the temperature level of the food which is in a potentially hazardous form may have caused that food to have become hazardous to health, shall take such action as is necessary to protect the public health and shall promptly notify the Arkansas Department of Health of the emergency. Upon receiving such notice of this occurrence, the Health Authority shall take action deemed necessary to protect the public health.
When the Arkansas Department of Health has reasonable cause to suspect possible disease transmission by an employee of a food processing establishment, the Department may secure a morbidity history of the employee or make any other investigation as indicated and shall take appropriate action. The Arkansas Department of Health may require at a minimum any or all of the following measures:
Penalties for violations of these Rules and Regulations may be imposed as provided in (Ark. Code Ann. § 20-7-101 ).
The Health Authority may seek to enjoin violations of the Regulations.
All Regulations and parts of Regulations in conflict herewith are hereby repealed.
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