HB 208: "An Act relating to seafood processing plans of operation and seafood processing standard operating procedures; relating to quality assurance plans; and providing for an effective date."
00HOUSE BILL NO. 208 01 "An Act relating to seafood processing plans of operation and seafood processing 02 standard operating procedures; relating to quality assurance plans; and providing 03 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) establishment of the standard operating procedures described 10 in AS 03.05.025(c) [ENFORCEMENT OF QUALITY ASSURANCE PLANS 11 DEVELOPED] in cooperation with appropriate industry representatives; 12 (9) establishment of standards and conditions for the operation and 13 siting of aquatic farms and related hatcheries, including 14 (A) restrictions on the use of chemicals; and 15 (B) requirements to protect the public from contaminated 16 aquatic farm products that pose a risk to health; 17 (10) monitoring aquatic farms and aquatic farm products to ensure 18 compliance with this chapter and with the requirements of the national shellfish 19 sanitation program manual of operations published by the Food and Drug 20 Administration. 21 * Sec. 2. AS 03.05.025 is amended to read: 22 Sec. 03.05.025. SEAFOOD PROCESSING PERMITS, [AND] PLANS OF 23 OPERATION, AND STANDARD OPERATING PROCEDURES. (a) A person 24 may not operate a seafood processing establishment or seafood processing vessel 25 without a plan of operation approved in writing by the commissioner of environmental 26 conservation and without a seafood processing permit issued by the commissioner of 27 environmental conservation that incorporates the plan of operation. To be valid, [A 28 PLAN OF OPERATION OR] a permit issued under this section must be renewed 29 annually. 30 (b) A plan of operation required by this section must be consistent with the 31 hazard analysis critical control point procedures for seafood production
01 established by regulations of the Food and Drug Administration. In this 02 subsection, "critical control point" means a point in the seafood production 03 process where a high probability exists that improper controls may cause, allow, 04 or contribute to a health hazard in the final seafood product [SHALL DESCRIBE: 05 (1) THE PROPOSED WATER SUPPLY AND WATER TREATMENT 06 TO BE USED FOR PROCESSING FISH AND FISH PRODUCTS AND FOR 07 CONSUMPTION BY HUMANS; 08 (2) THE PROPOSED MEANS OF WASTE TREATMENT AND 09 DISPOSAL TO BE USED; 10 (3) THE PROPOSED SEAFOOD AND SEAFOOD PRODUCT 11 HANDLING, CLEANING, CANNING, FREEZING, STORAGE, AND 12 TRANSPORTATION SYSTEMS TO BE USED; 13 (4) THE PROPOSED MEANS TO BE USED TO ENSURE 14 CLEANLINESS, SANITATION, WHOLESOMENESS, AND PREVENTION OF 15 CONTAMINATION OF THE SEAFOOD AND SEAFOOD PRODUCTS; 16 (5) THE PROPOSED MEANS OF SURVEILLANCE TO BE USED TO 17 ASSURE PRODUCT SANITATION, INTEGRITY OF THE PRESERVATION 18 PROCESS, AND PRODUCT SAFETY; AND 19 (6) OTHER INFORMATION THAT THE COMMISSIONER OF 20 ENVIRONMENTAL CONSERVATION MAY REQUIRE BY REGULATION]. 21 * Sec. 3. AS 03.05.025 is amended by adding a new subsection to read: 22 (c) A person may not operate a seafood processing establishment or seafood 23 processing vessel without written standard operating procedures that address the 24 following nonhealth hazard regulatory issues: 25 (1) product cleanliness, wholesomeness, and integrity; 26 (2) processing plant sanitation, water treatment, and waste disposal. 27 * Sec. 4. (a) Notwithstanding AS 03.05.025, as amended by sec. 2 of this Act, a seafood 28 processing permit that was issued under the current AS 03.05.025 and that is in effect on the 29 effective date of sec. 2 of this Act, and the plan of operation incorporated as part of the 30 permit, remain in effect for the remainder of the annual period for which the permit was 31 issued or renewed.
01 (b) A person who operates a seafood processing establishment or seafood processing 02 vessel that is exempt under (a) of this section from compliance with provisions of 03 AS 03.05.025, as amended by sec. 2 of this Act, is also exempt from the requirement for 04 written standard operating procedures under AS 03.05.025(c), as added by sec. 3 of this Act, 05 until the exemption granted under (a) of this section expires. 06 * Sec. 5. Sections 2 and 3 of this Act take effect on the effective date of regulations 07 adopted by the Food and Drug Administration that establish procedures for ensuring safe 08 processing of fish and fishery products in accordance with hazard analysis critical control 09 point principles. The commissioner of environmental conservation shall notify the revisor of 10 statutes of the date on which the regulations described in this section take effect.