Section 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.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 11/5/2017,Register 224, January 2018Authority:AS 03.05.011
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