Alaska Admin. Code tit. 18, § 31.570 – Poisonous or toxic materials

(a) Poisonous or toxic materials are prohibited on the premises of a food establishment except as specified in (b) of this section and
1. (1) those materials necessary to operate and maintain the establishment, including those needed to clean and sanitize food-contact surfaces, as specified in 18 AAC 31.422 - 18 AAC 31.424, or to control insects and rodents, as specified in 18 AAC 31.535; or
2. (2) personal care items that are stored in a facility, as specified in 18 AAC 31.565.
(b) To ensure that poisonous or toxic materials are stored so they cannot contaminate food, clean food-contact surfaces, laundered linens, or single-service or single-use articles, the operator of a food establishment shall ensure that
1. (1) poisonous or toxic materials are separated by spacing or partitioning;
2. (2) poisonous or toxic materials are located in an area that is not over food, clean food-contact surfaces, laundered linens, or single-service or single-use articles;
3. (3) medications in a food establishment necessary for the health of employees
  1. (A) are stored in containers that bear a legible manufacturer's or prescription label;
  2. (B) are located to prevent the contamination of food, clean food-contact surfaces, laundered linens, or single-service or single-use articles; and
  3. (C) if stored in a refrigerator, are stored in containers that are kept in a covered, leak-proof container identified as a container for the storage of medication; and
4. (4) first aid supplies are labeled and stored in a container that is located to prevent contamination of food, clean food-contact surfaces, laundered linens, or single-service or single-use articles.
(c) The operator of a food establishment shall ensure that
1. (1) each container of poisonous or toxic materials bears a legible manufacturer label, except that a small container filled or taken from a properly-labeled master container may be used if
  1. (A) each smaller container is clearly and individually labeled with the common name of the material;
  2. (B) the directions for use are reviewed with employees; and
  3. (C) the master container is retained on site;
2. (2) pesticides are
  1. (A) segregated from other chemicals;
  2. (B) used according to 18 AAC 90; and
  3. (C) applied in a manner that
    1. (i) does not constitute a hazard to employees or other persons; and
    2. (ii) prevents contamination, including toxic residues due to drip, drain, fog, splash, or spray on food, clean food-contact surfaces, laundered linens, or single-service or single-use articles;
3. (3) cleaning agents and sanitizing compounds do not leave a toxic residue on or contaminate food or food-contact surfaces; in addition to meeting the requirements of 18 AAC 90, chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces must meet the requirements specified in 40 C.F.R. 180.940, adopted by reference in 18 AAC 31.011;
4. (4) chemicals used to wash or peel raw, whole fruits and vegetables meet the requirements specified in 21 C.F.R. 173.315, adopted by reference in 18 AAC 31.011;
5. (5) chemicals used as boiler water additives meet the requirements specified in 21 C.F.R. 173.310, adopted by reference in 18 AAC 31.011;
6. (6) drying agents used in conjunction with sanitizing contain only components that are listed as one of the following:
  1. (A) generally recognized as safe for use in food, as specified in 21 C.F.R. Part 182 or 21 C.F.R. Part 184, adopted by reference in 18 AAC 31.011;
  2. (B) generally recognized as safe for the intended use, as specified in 21 C.F.R. Part 186, adopted by reference in 18 AAC 31.011;
  3. (C) approved for use as a drying agent under a prior sanction, as specified in 21 C.F.R. Part 181, adopted by reference in 18 AAC 31.011; if sanitizing is with chemicals, the approval must be specifically for use with chemical sanitizing solutions;
  4. (D) specifically regulated as an indirect food additive for use as a drying agent, as specified in 21 C.F.R. Parts 175 - 178, adopted by reference in 18 AAC 31.011; if sanitizing is with chemicals, the regulation as an indirect food additive must be specifically for use with chemical sanitizing solutions;
  5. (E) approved for use as a drying agent under the threshold of regulation process established by 21 C.F.R. 170.39, adopted by reference in 18 AAC 31.011; if sanitizing is with chemicals, the approval must be specifically for use with chemical sanitizing solutions;
7. (7) lubricants used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into food or onto food-contact surfaces, meet the requirements specified in 21 C.F.R. 178.3570, adopted by reference in 18 AAC 31.011;
8. (8) automatic dispensing aerosol units, if used, are
  1. (A) not located in areas where food is prepared or served;
  2. (B) located at least 20 feet from
    1. (i) a processing area;
    2. (ii) a preparation area;
    3. (iii) food;
    4. (iv) food-contact surfaces;
    5. (v) linen;
    6. (vi) a single-service or single-use article storage area; or
    7. (vii) a warewashing area; and
  3. (C) installed and used only in areas beyond the influence of a ventilation system that may result in contamination of the items or areas in (A) and (B) of this paragraph;
9. (9) rodent bait is contained in a covered, tamper-resistant bait station;
10. (10) a tracking powder pesticide is not used in a food establishment; a nontoxic tracking powder such as talcum or flour may not contaminate food, food-contact surfaces, linens, or single-service or single-use articles; and
11. (11) a container used to store poisonous or toxic materials is not used to store, transport, or dispense food.

(Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/28/2006, Register 180)

Authority: AS 17.20.005, AS 17.20.072, AS 17.20.290, AS 17.20.020, AS 17.20.180, AS 44.46.020