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007.10.39-110.110. Natural or Unavoidable Defects

AR ADC 007.10.39-110.110Arkansas Administrative Code

West's Arkansas Administrative Code
Title 007. Department of Health
Division 10. Environmental Health Protection
Rule 39. Rules Pertaining to Good Manufacturing Practices (Refs & Annos)
Ark. Admin. Code 007.10.39-110.110
007.10.39-110.110. Natural or Unavoidable Defects
Natural or unavoidable defects in food for human use that present no health hazard
a) Some foods, even when produced under current good manufacturing practice, contain natural or unavoidable defects that at low levels are not hazardous to health. The Food and Drug Administration establishes maximum levels for these defects in foods produced under current good manufacturing practice and uses these levels in deciding whether to recommend regulatory action.
b) Defect action levels are established for foods whenever it is necessary and feasible to do so. These levels are subject to change upon the development of new technology or the availability of new information.
c) Compliance with defect action levels does not excuse violation that food not be prepared, packed, or heal under unsanitary conditions or the requirements in this part that food manufacturer, distributors, and holders shall observe current good manufacturing practice. Evidence indicating that such a violation exists causes the food to be adulterated, even though the amounts of natural or unavoidable defects are lower than the currently established defect action levels. The manufacturer, distributer, and holder of food shall at all time utilize quality control operation that reduces natural or unavoidable defects to the lowest level currently feasible.
d) The mixing of a food containing defects above the current defect action level with another lot of food is not permitted and renders the final food adulterated, regardless of the defect level of the final food.
e) A compilation of the current defect action levels for natural or unavoidable defects in food for human use that the present no health hazard may be obtained upon request from the Center for Food Safety and Applied Nutrition.

Credits

Adopted Feb. 21, 2013.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.10.39-110.110, AR ADC 007.10.39-110.110
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