Section 18 AAC 34.065 - Chemicals and compounds(a) In an area of a facility that is used for processing or for storage of food or food packaging materials, a processor may not use or store a chemical that is a sanitizer, detergent, lubricant, pesticide, or water treatment compound unless the chemical is included in, and used in accordance with, the requirements of the NSF International White Book: Listing of Proprietary Substances and Nonfood Compounds,adopted by reference in 18 AAC 34.010. If a chemical is not listed in that document, and is a sanitizer, detergent, lubricant, pesticide, or water treatment compound, use or storage of the chemical in the area of the facility used for processing or storage of food or food packaging materials may not occur without department approval, based on the department finding that use and storage of the chemical does not pose a threat to public health.(b) A processor may use or store in a facility a poisonous chemical or compound only if the chemical or compound is required to maintain sanitary conditions, for use in laboratory testing procedures, for facility equipment and vehicle maintenance and operation, or for use in manufacturing or processing operations.(c) A processor shall ensure that (1) commercially filled containers of pesticides that are to be used or stored in or adjacent to the premises of a facility are labeled as required by 18 AAC 90 and other applicable state or federal law, except that a small container filled or taken from a properly-labeled master container may be used if (A) the smaller container is labeled with the common name of the material and directions for use; and(B) the master container is retained onsite; and(2) poisonous chemicals and compounds and pesticides are not stored with food, food ingredients, food packaging materials, equipment, or utensils, except that washing, rinsing, or sanitizing compounds may be stored in a washing area.Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/6/2006, Register 179Effective 12/2/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 34.065, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated, from AS 03.05 to AS 17.20, department authority to adopt regulations set out in 18 AAC 34.
Information about how to review or obtain a copy of a requirement referred to in 18 AAC 34.065 and adopted by reference in 18 AAC 34.010 is set out in the editor's note to 18 AAC 34.010.
Authority:AS 17.20.005
AS 17.20.065
AS 17.20.072
AS 17.20.180
AS 44.46.020