Ariz. Admin. Code § 9-8-119

Current through Register Vol. 30, No. 24, June 14, 2024

Section R9-8-119 - Manufactured Food Plants

A. The following definitions apply to this Section, unless otherwise specified:

1. "Consumer" means a person who:

a. Is a member of the public,

b. Takes possession of FOOD,

c. Is not functioning in the capacity of an operator of a manufacture food plant, and

d. Does not offer the FOOD for resale.

2. "FOOD PROCESSING PLANT" means a commercial operation that:

a. Manufactures, packages, labels, or stores FOOD for human consumption;

b. Provides FOOD for sale or distribution to other business entities such as FOOD ESTABLISHMENTS and retailers; and

c. Does not provide FOOD directly to a consumer.

B. In FC Part 3-2, Subpart 3-202, the Department:

1. In paragraph 3-203.11(A) requires "Except as specified in (B), (C), and (D) of this Section, MOLLUSCAN SHELLFISH may not be removed from the container in which they are received other than immediately before sale, preparation for service, or preparation in a FOOD PROCESSING PLANT licensed by the REGULATORY AUTHORITY."

2. In paragraph 3-203.12(C) requires "The identity of the source of SHELLSTOCK that are prepared by a FOOD PROCESSING PLANT licensed by the REGULATORY AUTHORITY, sold, or served shall be maintained by retaining SHELLSTOCK tags or labels for 90 calendar days from the date the container is emptied by:

a. Using an APPROVED record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the SHELLSTOCK are prepared by a FOOD PROCESSING PLANT licensed by the REGULATORY AUTHORITY, sold, or served; and

b. If SHELLSTOCK are removed from their tagged or labeled container:

i. Using only one tagged or labeled container at a time, or

ii. Using more than one tagged or labeled container at a time and obtaining a VARIANCE from the REGULATORY AUTHORITY as specified in § 8-103.10 based on a HACCP PLAN that:

(a) Is submitted by the license holder and APPROVED as specified under § 8-103.11,

(b) Preserves source identification by using a record keeping system as specified under Subparagraph (B)(1) of this Section, and

(c) Ensures that SHELLSTOCK from one tagged or labeled container are not commingled with SHELLSTOCK from another container before being ordered by the CONSUMER or prepared by a FOOD PROCESSING PLANT licensed by the REGULATORY AUTHORITY."

Ariz. Admin. Code § R9-8-119

Section repealed by final rulemaking at 7 A.A.R. 1719, effective October 3, 2001 (Supp. 01-2). Adopted by final rulemaking at 26 A.A.R. 1516, effective 7/8/2020.