Section 18 AAC 34.110 - Labeling requirements(a) Unless a seafood product is for export only, a processor shall label seafood products as required under this section.(b) Labels must be in English except as provided in 21 C.F.R. 101.15 (Food; prominence of required statements), adopted by reference in 18 AAC 34.010. This subsection does not preclude the use of multi-lingual labels in addition to English.(c) The master carton and, if packaged for retail sale, each retail container of a seafood product must be indelibly marked at the time of sealing with the date of packaging. Before distribution, at least one area of the master carton and retail container must be labeled with (1) the permit number reserved for and assigned to the processor under 18 AAC 34.035(c); if more than one processor is involved in manufacturing a seafood product, the permit number must be that of the processor who last handled the product before sealing; if the department determines that use of a code serves the interests of public health and consumer protection, the department will allow a code that is on file with the department to be used instead of (A) the date of packaging; or(B) the processor's permit number, if the seafood product has been thermally processed; if, under this subparagraph, the department allows use of a code rather than the processor's permit number, the code that is allowed for use must be the establishment number issued by the Seafood Products Association or a letter code issued by the department;(2) the name and address of the processor, packer, or distributor; if the seafood product was not processed by the person whose name appears on the label, the name on the label must be qualified by a phrase that reveals the connection that the person has with the seafood product as required by 21 C.F.R. 101.5, adopted by reference in 18 AAC 34.010;(3) an accurate statement of the amount of the contents in terms of net weight or measure; the department will allow reasonable variations;(4) the identity and name of the seafood product approved by the department or a market or common name as specified in FDA's The Seafood List, FDA's Guide to Acceptable Market Names for Seafood Sold in Interstate Commerce 1993,adopted by reference in 18 AAC 34.010;(5) the common or usual name of each food ingredient, if the seafood product is made from two or more ingredients; spices, flavorings, and colorings may be so designated without naming each one, except that each artificial flavoring, artificial coloring, or chemical preservative must be specifically identified;(6) a listing, in order of predominance by weight in the product, of each food ingredient; however, ingredients present in amounts of two percent or less by weight need not be listed in order of predominance by weight, if a listing of those ingredients is placed at the end of the ingredient statement following an appropriate qualifying statement; an appropriate qualifying statement includes "Contains ________ percent or less of [name of ingredient]" or "Less than ________ percent of [name of ingredient]";(7) the word "IMITATION" if the container holds an imitation seafood product; under the requirement of this paragraph, (A) the name of each seafood product imitated must be listed immediately after the word "IMITATION"; and(B) the word "IMITATION" must appear in letters at least as large as the name of the product as required by 21 C.F.R. 101.3(e), adopted by reference in 18 AAC 34.010;(8) a holding statement, as appropriate considering the type of seafood product, and in compliance with the following requirements:(A) if the seafood product is not shelf-stable, the label must bear the holding statement "KEEP REFRIGERATED" or "KEEP FROZEN";(B) if the smoked finfish seafood product is not commercially sterile and is packaged in a reduced oxygen package or a modified atmosphere package, and if each package (i) contains 3.5 percent water phase salt, contains, if allowed by 21 C.F.R. 172.175, adopted by reference in 18 AAC 34.010, both 3.0 percent water phase salt and not less than 100 ppm nitrite, contains other suitable barriers to control Clostridium botulinum,or is equipped with a time temperature indicator, the label must bear the holding statement "KEEP REFRIGERATED BELOW 38º F" or "KEEP FROZEN"; or(ii) does not contain 3.5 percent water phase salt, does not contain both 3.0 percent water phase salt and not less than 100 ppm nitrite, does not contain other suitable barriers to control Clostridium botulinum,or is not equipped with a time temperature indicator, the label must bear the holding statement "KEEP FROZEN, THAW UNDER REFRIGERATION IMMEDIATELY BEFORE USE";(C) the holding statement must be in letters at least one-eighth inch high and comparable in size and style to other label lettering;(D) upon application by the processor, the department will approve the removal of a holding statement as required under this paragraph(i) for a seafood product that is not thermally processed, or for a pickled seafood product that meets the requirements of 21 C.F.R. 114.3 - 21 C.F.R. 114.100, adopted by reference in 18 AAC 34.010; and(ii) if the testing conducted under 18 AAC 34.125 demonstrates that the seafood product meets the requirements of that section and 18 AAC 34.122 for shelf-stable seafood products; and(9) the words "PREVIOUSLY FROZEN" if the container holds a seafood product that has been previously frozen and thawed and that will be sold without further processing; the words "PREVIOUSLY FROZEN" must appear in letters of sufficient size and prominence to be easily read under normal conditions of sale.(d) A container of a seafood product intended for domestic processing, labeling, or repacking at another facility is exempt from the labeling requirements of (c)(2), (3), (5), (6), and (7) of this section. The processor shall ensure that distribution of that seafood product meets the requirements of 21 C.F.R. 101.100(d)(1) and (2), and (e) (Food; exemptions from labeling), adopted by reference in 18 AAC 34.010.(e) A container of a seafood product intended for retail sale, in addition to meeting the labeling requirements of (a) of this section, must also meet the requirements of 21 C.F.R. 101.1 - 21 C.F.R. 101.108 and 21 C.F.R. 102.5 - 21 C.F.R. 102.57, adopted by reference in 18 AAC 34.010.(f) A processor shall label each of the following with the words "NOT FOR SALE":(1) a container of a seafood product that is being held or processed at a facility subject to this chapter and that is from seafood caught while sport fishing, subsistence fishing, or personal use fishing;(2) a container of a processed seafood product that was not processed in compliance with this chapter.(g) A processor who uses farmed salmon from other states or countries to manufacture salmon products in this state must label the product "Made with farmed salmon from [state or country]."(h) In addition to complying with the labeling requirements of this section, a custom processor shall label smoked, custom-processed seafood as required by 18 AAC 34.310(i).(i) The processor is not required to but may submit samples of its labels for the department's review for compliance with this section.Eff. 12/18/97, Register 144; am 12/2/99, Register 152; am 8/6/2006, Register 179; am 11/24/2007, Register 184Information about how to review or obtain a copy of a requirement referred to in 18 AAC 34.110 and adopted by reference in 18 AAC 34.010 is set out in the editor's note to 18 AAC 34.010. The Seafood Products Association may be contacted at 1600 S. Jackson Street, Seattle, WA 98144; telephone (206) 323-3540; facsimile: (206) 323-3543; e-mail: inquiry@spa-food.org.
As of Register 186 (July 2008), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to 18 AAC 34.110(c) (1).
Authority:AS 17.20.005
AS 17.20.010
AS 17.20.040
AS 17.20.044
AS 17.20.045
AS 17.20.065
AS 17.20.072
AS 17.20.180
AS 17.20.290
AS 44.46.020