BRIEF DESCRIPTION

The Department of Environmental Conservation proposes to change regulations in the Alaska Food Code to include adopting updated federal rules by reference dealing with good manufacturing practices and sanitation at food processing establishments. Other proposed changes include minor amendments for clarity, defining recall procedures, and putting current Department policy regarding approved sources for poultry into regulation.

The Department of Environmental Conservation proposes to adopt regulation changes in Title 18, Chapter 31 of the Alaska Administrative Code, dealing with the Alaska Food Code, including the following:

• Update federal rules adopted by reference.
• Update citations and cross references, make conforming edits and clarifications throughout chapter.
• 18 AAC 31.010: amend Table A to more clearly describe facility types in each food establishment category.
• 18 AAC 31.011: adopt federal requirements by reference regarding good manufacturing practices, food additives, labeling, and standards of identity.
• 18 AAC 31.200: require operators to record date on tag or label when last shellstock from the container is sold or served.
• 18 AAC 31.260: add new section dealing with hazard analysis critical control point (HACCP) plans; 18 AAC 31.710, repealed as part of these amendments, previously addressed this topic.
• 18 AAC 31.265: add new section dealing with reduced oxygen packaging at food services and markets; 18 AAC 31.760, repealed as part of these amendments, previously addressed this topic.
• 18 AAC 31.325: repeal the Certified Food Protection Manager requirement for all food processing establishments.
• 18 AAC 31.700: amend section to include newly adopted federal references dealing with good manufacturing practices at food processing establishments.
• 18 AAC 31.701: add a new section dealing with food additives.
• 18 AAC 31.702: add a new section dealing with labeling requirements specific to food processing establishments; 18 AAC 31.700 previously addressed this topic.
• 18 AAC 31.703: add a new section dealing with recall procedures at a food processing establishment.
• 18 AAC 31.720: amend section dealing with thermal processing and acidified food for clarity and consistency with federal rules.
• 18 AAC 31.730: amend section dealing with glacier ice and ice manufacturing for clarity and consistency with federal rules.
• 18 AAC 31.740: amend section dealing with bottled drinking water, for clarity and consistency with federal rules.
• 18 AAC 31.745: add a new section dealing with federal rules for juice manufacturing.
• 18 AAC 31.770: amend section to allow poultry produced under a USDA exemption to be considered an approved source for retail facilities.
• 18 AAC 31.990: amend definitions of "acidified food", "adulterated", "bottled water", "food processing establishment", "food service", and "market"; add a new definition for "product water".

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Lorinda Lhotka, Department of Environmental Conservation, 610 University Avenue, Fairbanks, AK 99709. Additionally, the Department of Environmental Conservation will accept comments by facsimile at (907) 451-5120, by electronic mail at lorinda.lhotka@alaska.gov and online by visiting https://dec.alaska.gov/eh/fss/regulations and using the comment link. The comments must be received not later than 5:00pm on January 10, 2020.

You may submit written questions relevant to the proposed action to Lorinda Lhotka, Department of Environmental Conservation, 610 University Avenue, Fairbanks, AK 99709 or by email to lorinda.lhotka@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Department of Environmental Conservation will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and https://dec.alaska.gov/eh/fss/regulations/faq  The Department of Environmental Conservation may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Kate Orozco by electronic mail at Kate.Orozco@alaska.gov  or by phone at (907) 465-6171 or TDD Relay Service 1-800-770-8973/TTY or dial 711 not later than December 27, 2019 to ensure that any necessary accommodations can be provided

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System, at https://dec.alaska.gov/eh/fss/regulations, or by contacting Lorinda Lhotka by email at lorinda.lhotka@alaska.gov or by phone at (907) 451-2119.

A copy of material proposed for adoption by reference may be viewed at the agency's office at 555 Cordova Street, Anchorage, Alaska, 99501.

After the public comment period ends, the Department of Environmental Conservation will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments received are public records and are subject to public inspection.

Statutory authority: AS 17.20.005; AS 17.20.010; AS 17.20.030; AS 17.20.044; AS 17.20.050; AS 17.20.180; AS 44.46.020; AS 44.46.025

Statutes being implemented, interpreted, or made specific: AS 03.05.011; AS 17.20.005; AS 17.20.010; AS 17.20.020; AS 17.20.030; AS 17.20.040; AS 17.20.044; AS 17.20.049; AS 17.20.070; AS 17.20.072; AS 17.20.080; AS 17.20.180; AS 17.20.190; AS 17.20.200; AS 17.20.220; AS 17.20.230; AS 17.20.250; AS 17.20.260; AS 17.20.270; AS 17.20.290; AS 17.20.300; AS 17.20.315; AS 17.20.340; AS 17.20.345; AS 17.20.346; AS 17.20.347; AS 17.20.365; AS 18.35.100; AS 18.35.120; AS 18.35.200; AS 18.35.220; AS 44.46.020; AS 44.46.025

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

The Department of Environmental Conservation keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the Department of Environmental Conservation notices of proposed regulation changes. To be added to or removed from the list, send a request to the Gary Mendivil, Department of Environmental Conservation at gary.mendivil@alaska.gov , giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Date:   October 30, 2019

                        /s/                                               
 Jason Brune, Commissioner