Ala. Admin. Code r. 420-3-15-.08

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

Section 420-3-15-.08 - Compliance And Enforcement

(1)Permits:

(a) Permits required: no person shall operate a crab meat processing plant in Alabama unless such person possesses a valid permit issued by the Health Officer for the operation of such plant. Prior to the issuance of an initial permit, the crab meat processing plant shall undergo an inspection to determine compliance with these rules. Permit applications may be denied if the applicant fails to comply. Crab meat processed in any plant or location which is not properly permitted shall be considered adulterated.

(b) Permit holders shall submit written application to renew their permits within 90 days of the expiration date of the permit. Upon inspection and verification of compliance with the rules and regulations of the State Board of Health, the Health Officer shall renew the permit.

(c) The permit certification period shall not exceed 12 months.

(d) The permit shall be posted in a conspicuous place within the crab meat processing plant and shall remain the property of the Alabama Department of Public Health.

(2)Permit denials, suspensions, and revocations - The Health Officer's denial, suspension and/or revocation of a permit shall be governed by the Alabama Administrative Procedure Act, § 41-22-1, et. seq., Code of Ala. 1975.

(3)Hearings - Contested case hearings shall be provided in accordance with the Alabama Administrative Procedure Act, § 41-22-1, et seq., Code of Ala. 1975, and the State Board of Health's Contested Case Hearing Rules, Chapter 420-1-3, Informal settlement conferences may be conducted as provided in the State Board of Health's Contested Case Hearing Rules, Chapter 420-1-3.

(4)Suspension of permits - Permits may be suspended temporarily by the Health Officer for failure of the permit holder to comply with the requirements of these rules.

(a) Notwithstanding the other provisions of these rules, whenever the Health Officer finds conditions which, in his judgment, constitute an imminent health hazard to the public's health, he may without warning or notice, issue a written notice to the permit holder citing such conditions and specifying the corrective action to be taken, the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended, and all crab meat operations are to immediately discontinued.

(5) Revocation of permits - The health Officer may, after providing opportunity for hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the Health Officer in the performance of his duty or for failure to comply with the provisions of a notice of permit suspension issued under 420-3-15 - .08 (4).

(6) Application after revocation - Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit after 90 days from the date of revocation.

(7) Inspection: Inspection of Crab Meat Processing Plants: An inspection of each crab meat processing plant shall be performed at least quarterly. The inspection report shall be kept within the crab meat processing plant, but shall remain the property of the Alabama Department of Public Health.

(a) When a routine inspection detects a violation of these rules that is, in the judgment of the Health Officer, of such nature that correction is necessary before the next routine inspection, the permit holder will be given notice that correction is necessary and the reason for requiring an accelerated correction schedule. A follow up inspection or visit will be conducted to determine compliance.

(8) Sampling: Cooked crabs, backed crabs and crab meat samples shall be taken as often as deemed necessary by the Health Officer to verify or determine compliance with these rules.

(a) Whenever a sample is in violation of the microbiological standards of these rules, a resample shall be taken as soon as possible, but within not more than fourteen working days.

(b) Whenever two consecutive samples taken on separate days and including the most recent sample for which results have been reported, violate the microbiological standards of these rules, the permit holder shall be notified in writing that the crab meat processing plant operation is suspended pending submittal of a written plan giving in detail the provisions to correct, control, or remove the conditions, activities, or other causes resulting in the violative samples. Such plan may include provisions for obtaining a crab meat sample meeting the requirements of these rules prior to resuming crab meat processing operations. Processing of crab meat shall not resume until the plan is approved by the Health Officer.

(c) Whenever three of the last five (5) consecutive samples, taken on separate days and including the most recent sample for which results have been reported, violate the microbiological standards of these rules, the permit holder shall be notified in writing that the crab meat processing plant operation is suspended pending submittal of a written plan giving in detail the provisions to correct, control, or remove the conditions, activities, or other causes resulting in the violative samples. Such plan may include provisions for obtaining a crab meat sample meeting the requirements of these rules prior to resuming crab meat processing operations. Processing of crab meat shall not resume until the plan is approved by the Health Officer.

(9)Condemnation of Crab Meat: Non-compliance with the requirements of these rules, including failure to follow the conditions of a corrective plan of operations approved as described in (6)(b) and 420-3-15-.08(6)(c), may result in a seize or hold order being issued for the product and condemnation by the Health Officer.

(a) The Health Officer shall tag, label, or otherwise identify any crab meat or crab meat product subject to the hold order. No crab meat or crab meat product subject to a hold order shall be used, sold, served, given away, or moved from the plant. The Health Officer shall permit storage of the crab meat or crab meat product under conditions specified in the hold order unless storage is not possible without risk to the public health, in which case the crab meat or crab meat product shall be destroyed in accordance with Section 22-10-3, Code of Ala. 1975.

(b) It shall be considered interference with the Health Officer in the performance of his duties to alter any such order; to alter any tag or other device used to identify crab meat or crab meat product subject to such order; or to use, sell, serve, give away, or move from the plant any crab meat or crab meat product subject to such order.

(c) The hold order shall state that a request for hearing may be filed within fifteen days and that if no hearing is requested the crab meat or crab meat product shall be destroyed. If a request for hearing is received, the hearing shall be held in accordance with (4) of the State Board of Health. On the basis of evidence produced at that hearing, the hold order may be vacated, or the permit holder or person in charge of the crab meat or crab meat product may be directed by written order to denature or destroy it or to bring it into compliance with the provisions of these rules.

(10)Access: The Health Officer, after proper identification, shall be permitted to enter any crab meat processing plant at any reasonable time for the purpose of making inspections to determine compliance with these rules. The Health Officer shall be permitted to examine the records of the plant to obtain pertinent information pertaining to crab meat purchased, sold and/or used, and persons employed.

(11)Responsibilities of the Permit Holder:

(a) The permit holder of a crab meat processing plant shall maintain the physical equipment and structure of such plant in a manner to comply with these rules.

(b) Supervision: At all times when the permit holder is absent from the crab processing plant, he/she shall designate and authorize a person in charge.

(c) The permit holder shall be held responsible for his own acts and the acts of his employees as they relate to the crab meat processing operations.

Ala. Admin. Code r. 420-3-15-.08

New Rule: Filed December 20, 2006; effective January 24, 2007. Amended: Filed September 17, 2009; effective October 22, 2009.

Authors: Lewis A. Byrd, Ph.D., Toni Ackerson, Mark Sestak

Statutory Authority:Code of Ala., 1975, § 22-2-2(6), 22-20-5.