Ala. Admin. Code r. 80-1-22-.22

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-1-22-.22 - Rules To Determine Adulteration Of Salvage Or Distressed Foods

The following foods, generally defined as salvage foods and/or distressed foods, shall be considered adulterated and unsalvageable under the provisions of Code of Ala. 1975, § 20-1-22.

(a) Food in containers with bulging ends or lids, including hard swells, springers, or bulges due to severe dents or retort buckles, with the exception of beer and carbonated beverage containers;

(b) Food in containers with visible evidence of product leakage, or stained labels on containers;

(c) Food in containers showing signs of pitted rust or any sign of rust, with the exception of slight rust which may be removed by buffing prior to being offered for sale;

(d) Food in cans having dents or bends causing any deformation of side seam or end seams;

(e) Food in containers, bags or packages, where the container, bag or package has been torn or damaged, whereby the contained food may have been exposed, except that if the owner of such food can demonstrate that said food was in a clean environment at the time of exposure, the container, bag or package may be repaired or replaced.

(f) Food in containers that reflect evidence of exposure to extreme temperatures except foods required to be kept at extreme temperatures such as frozen foods.

(g) Food in containers that are soiled and noncleanable. Food in containers with screw tops, crimped caps or similar containers with soil around the closure, or containers that have been submerged in water, chemicals or other liquids are specifically defined as soiled and noncleanable.

(h) Foods defiled by rodents except that foods in cans or containers that have received rodent traffic or been in close proximity to rodents shall not be deemed adulterated if the owner or seller of said food is able to demonstrate satisfactory proof that all trace of rodent filth has been removed from said cans or containers;

(i) Foods packaged in jars intended for consumption by infants, the aged or the infirm, in which the lot of said jars has been in an environment in which the jars were subject to heat, dust, moisture, smoke, chemicals, broken glass or other similar conditions, unless the specific manufacturing process required one of the above.

Author: Charles H. Barnes

Ala. Admin. Code r. 80-1-22-.22

May 28, 1987.

Statutory Authority:Code of Ala. 1975, §§ 20-1-2, 20-1-21.