18 AAC 31.060 - Labeling, placarding, and consumer advisory

(a) The operator of a food establishment shall ensure that food packaged in the establishment is labeled as specified in (b) of this section, except

(1) bulk, unpackaged food, such as a bakery product or unpackaged food that is portioned to consumer specification, if

(A) a health, nutrient content, or other claim is not made; and

(B) the food is manufactured or prepared on the premises of the food establishment or at another food establishment or food processing establishment that is owned by the same person and is regulated by the regulatory agency that has jurisdiction; or

(2) distilled spirits, wine, or malt beverages.

(b) Food packaged in a food establishment must be labeled

(1) except if exempted in 21 C.F.R. 101.9(j) and 9 C.F.R. 317.400, in accordance with 21 C.F.R. Part 101 or 9 C.F.R. Part 317, adopted by reference in 18 AAC 31.011;

(2) in accordance with general and standard-of-identity requirements specified in 21 C.F.R. Parts 130 - 169 and 9 C.F.R. Part 319, adopted by reference in 18 AAC 31.011;

(3) with the name of the food source for each major food allergen in accordance with 21 U.S.C. 343(w), adopted by reference in 18 AAC 31.011;

(4) with one of the following product holding statements, as necessary:

(A) "KEEP FROZEN", if keeping the product frozen is required to prevent growth of infectious or toxigenic microorganisms or deterioration of the product;

(B) "KEEP REFRIGERATED", if keeping the product refrigerated is required to prevent growth of infectious or toxigenic microorganisms or deterioration of the product;

(5) with the statement "PREVIOUSLY FROZEN" for meat, seafood, or poultry that has been previously frozen and thawed; and

(6) with information required in 18 AAC 31.265 and 18 AAC 31.700 - 18 AAC 31.770.

(c) The operator of a market shall prominently label bulk food that is displayed for self-service with one or more of the following forms of information, presented in plain view of the consumer:

(1) the manufacturer's or processor's label that was provided with the food;

(2) a card, sign or other method of notification that includes, except if the food is exempted in 21 C.F.R. 101.9(j) or 9 C.F.R. 317.400, the information required in 21 C.F.R. Part 101 and 9 C.F.R. Part 317, adopted by reference in 18 AAC 31.011.

(d) The operator of a food establishment that sells, uses, or serves mushrooms picked in the wild shall ensure the mushrooms are conspicuously identified by a label, placard, or menu notation that states

(1) the common and usual name of the mushroom; and

(2) the statement "Wild mushrooms; not an inspected product".

(e) The operator of a food establishment that sells, uses, or serves salmonid fish containing canthaxanthin or astaxanthin shall display the labeling from the bulk fish container, including a list of ingredients, on the retail container or by other written means that discloses the use of canthaxanthin or astaxanthin. For purposes of this subsection, "salmonid fish" includes pink salmon, coho salmon, sockeye salmon, Chinook salmon, Atlantic salmon, chum salmon, rainbow trout, cutthroat trout, and brown trout.

(f) If a food establishment sells, uses, or serves beef, eggs, seafood, lamb, milk, pork, poultry, molluscan shellfish, or another animal food, either ready-to-eat or as an ingredient in another ready-to-eat food, and sells, uses, or serves that animal food raw, not cooked to the temperature specified in 18 AAC 31.232, or without otherwise being processed to eliminate pathogens, the operator of the food establishment shall inform consumers of the significantly increased risk of consuming those foods by the use of a brochure, deli case or menu advisory, label statement, table tent, placard, or other effective written means that contains

(1) disclosure by either

(A) a description of the animal-derived food, such as "oysters on the half shell (raw oysters)", "raw-egg Caesar salad", and "hamburgers (can be cooked to order)"; or

(B) identification of the animal-derived food by an asterisk by the name of the food to a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients; and

(2) a reminder that includes an asterisk by the description or identification of the animal-derived food requiring disclosure to a footnote that states

(A) "Regarding the safety of these foods, written information is available upon request.";

(B) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness."; or

(C) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.".

(g) The operator of a food establishment shall submit to the department an example of a label or notice intended for use under this section for department review before use.

Notes

18 AAC 31.060

Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180; am 6/25/2020, Register 234, July 2020

Authority:AS 17.20.005

AS 17.20.010

AS 17.20.040

AS 17.20.044

AS 17.20.049

AS 17.20.072

AS 17.20.180

AS 17.20.290

AS 17.20.300

AS 44.46.020