1. (a) Except as specified at 18 AAC 34.112, a seafood processor shall ensure that seafood products are not misbranded, and that each product label conforms to this section and the following requirements, adopted by reference in 18 AAC 34.010:

   1. (1) 21 U.S.C. 343(w);
   2. (2) 21 C.F.R. 101.1 - 101.108;
   3. (3) 21 C.F.R. 102.5 - 102.57; and
   4. (4) 21 C.F.R. 161.30 - 161.190.

2. (b) Each master container and retail package of a seafood product must be labeled in letters at least one-eighth inch high and comparable in size and style to other label lettering as follows:

   1. (1) at the time of packaging, the date of packaging using a mark that is not removable, erasable, or able to be washed away;
   2. (2) before distribution, the permit number assigned to the processor under 18 AAC 34.035(e); if more than one processor is involved in manufacturing of a seafood product, the permit number must be that of the processor who last handled the product before sealing; or if participating in the Salmon Control Plan, the Seafood Products Association number;

   3. (3) except when the department has approved other language, if a seafood product is not shelf-stable, the holding statement "KEEP REFRIGERATED" or "KEEP FROZEN"; if the product is a smoked seafood product that is also packaged in a reduced oxygen package or a modified atmosphere package, each container must include the holding statement

      1. (A) "KEEP REFRIGERATED BELOW 38° F" or "KEEP FROZEN", if the product

         1. (i) (contains at least 3 .5 percent water phase salt;
         2. (ii) contains, if allowed by 21 C.F.R. 172.175, adopted by reference in 18 AAC 34.010, both at least 3.0 percent water phase salt and not less than 100 ppm nitrite;
         3. (iii) has other barriers to control Clostridium botulinum growth and toxin production; or
         4. (iv) is equipped with a time temperature indicator; or
      2. (B) "KEEP FROZEN, THAW UNDER REFRIGERATION IMMEDIATELY BEFORE USE" if the product does not meet the requirements of (A) of this paragraph;

   4. (4) the words "PREVIOUSLY FROZEN" if a container holds a seafood product that

      1. (A) has been previously frozen and thawed; and
      2. (B) will be sold without further processing;

   5. (5) the words "NOT FOR SALE" if that container holds a seafood product that

      1. (A) is described in 18 AAC 34.830(g) and is being held or processed at a facility subject to this chapter; or
      2. (B) was not processed in compliance with this chapter; and

   6. (6) if a seafood product processed or sold in this state contains an ingredient that is

      1. (A) farmed halibut, salmon, or sablefish product, the words "MADE WITH FARMED {HALIBUT, SALMON, OR SABLEFISH} FROM {STATE OR COUNTRY}"; or
      2. (B) genetically modified fish or fish product, the words "MADE WITH GENETICALLY MODIFIED {MARKET NAME OF FISH OR FISH PRODUCT}".

(Eff. 12/18/97, Register 144; am 12/2/99, Register 152; am 8/6/2006, Register 179; am 11/24/2007, Register 184; am 8/21/2019, Register 231)

Authority: AS 17.20.005, AS 17.20.045, AS 17.20.290, AS 17.20.010, AS 17.20.065, AS 44.46.020, AS 17.20.040, AS 17.20.072, AS 17.20.044, AS 17.20.180