CSHB 208(FSH): "An Act relating to seafood processing permits and hazard analysis critical control point plans; relating to seafood processing plans of operation and quality assurance plans; and providing for an effective date."
00CS FOR HOUSE BILL NO. 208(FSH) 01 "An Act relating to seafood processing permits and hazard analysis critical control 02 point plans; relating to seafood processing plans of operation and quality assurance 03 plans; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 03.05.011(a) is amended to read: 06 (a) To carry out the requirements of this title, the commissioner of 07 environmental conservation may issue orders, regulations, permits, quarantines, and 08 embargoes relating to 09 (1) examination and inspection of premises containing products, 10 articles, and commodities carrying pests; 11 (2) establishment of quarantines for eradication of pests; 12 (3) establishment of standards and labeling requirements pertaining to 13 the sale of meat, fish, and poultry; 14 (4) tests and analyses that [WHICH] may be made and hearings that
01 [WHICH] may be held to determine whether the commissioner will issue a stop order 02 or quarantine; 03 (5) cooperation with federal and other state agencies; 04 (6) regulation of fur farming; for purposes of this paragraph, "fur 05 farming" means the raising of and caring for animals for the purpose of marketing 06 their fur, or animals themselves for breeding stock; 07 (7) examination and inspection of meat, fish, and poultry advertised for 08 sale or sold to the public; 09 (8) enforcement of hazard analysis critical control point programs 10 for seafood processing that are [QUALITY ASSURANCE PLANS] developed in 11 cooperation with appropriate industry representatives or that are established by 12 federal regulation and adopted by the department; 13 (9) establishment of standards and conditions for the operation and 14 siting of aquatic farms and related hatcheries, including 15 (A) restrictions on the use of chemicals; and 16 (B) requirements to protect the public from contaminated 17 aquatic farm products that pose a risk to health; 18 (10) monitoring aquatic farms and aquatic farm products to ensure 19 compliance with this chapter and with the requirements of the national shellfish 20 sanitation program manual of operations published by the Food and Drug 21 Administration. 22 * Sec. 2. AS 03.05.025(a) is amended to read: 23 (a) A person may not operate a seafood processing establishment or seafood 24 processing vessel [WITHOUT A PLAN OF OPERATION APPROVED IN WRITING 25 BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION AND] 26 without a seafood processing permit issued by the Department of Environmental 27 Conservation. A seafood processing [COMMISSIONER OF ENVIRONMENTAL 28 CONSERVATION THAT INCORPORATES THE PLAN OF OPERATION. TO BE 29 VALID, A PLAN OF OPERATION OR A] permit issued under this section must be 30 renewed annually. 31 * Sec. 3. AS 03.05.025(b) is repealed and reenacted to read:
01 (b) A person may not operate a seafood processing establishment or a seafood 02 processing vessel to process seafood, other than for the production of a fresh or frozen 03 seafood product, without having a plan of operation approved in writing by the 04 Department of Environmental Conservation. An approved plan of operation is not 05 subject to further review or approval by the department unless an amendment of the 06 plan is necessitated by a change in 07 (1) the operation of the establishment or vessel; or 08 (2) a product produced or process conducted at the establishment or 09 vessel. 10 * Sec. 4. AS 03.05.025(b) is repealed and reenacted to read: 11 (b) A person may not operate a seafood processing establishment or a seafood 12 processing vessel without a written hazard analysis critical control point plan that 13 explains the procedures used at each critical control point in the operation of the 14 seafood processing establishment or the seafood processing vessel. The Department 15 of Environmental Conservation may review, and comment on, the completeness of the 16 hazard analysis critical control point plan prepared for a seafood processing 17 establishment or a seafood processing vessel; however, the department may not require 18 annual submission of the plan unless a change in operation, product, or process 19 necessitates a change in the plan. In this subsection, "critical control point" means a 20 point in the seafood production process where a high probability exists that improper 21 controls may cause, allow, or contribute to a health hazard in the final seafood product. 22 * Sec. 5. Notwithstanding AS 03.05.025, as amended by secs. 2 and 3 of this Act, a 23 seafood processing permit that was issued under the current provisions of AS 03.05.025 and 24 that is in effect on the day before the effective date of sec. 2 of this Act, remains in effect for 25 the remainder of the annual period for which the permit was issued or renewed. 26 * Sec. 6. Sections 1 and 4 of this Act take effect on the effective date of regulations 27 adopted by the Food and Drug Administration that establish procedures for ensuring safe 28 processing of fish and fishery products in accordance with hazard analysis critical control 29 point principles. The commissioner of environmental conservation shall notify the revisor of 30 statutes of the date on which the regulations described in this section take effect.