chapter 06 food and beverage sanitation sections: 25.0601 examination and condemnation of food and drink—inspection of utensils

Chapter 06
FOOD AND BEVERAGE SANITATION
Sections:
25.0601 Examination and condemnation of food and drink—inspection of
utensils
25.0602 Sanitation of beverage and frozen dessert dispensers
25.0603 Adulterated, misbranded, and unpasteurized milk and milk
products—Impoundment
25.0604 Labeling of foods and beverages
25.0605 Construction requirements of future dairy plants and
extensively changed plants
25.0606 Transportation of milk and milk products
25.0607 Food and drink expiration date
25.0608 Unlawful to sell condemned food or drink
25.0601 Examination and condemnation of food and drink—Inspection of
utensils.
(a) Samples of food, drink and other substances may be taken and
examined by the director as often an may be necessary for the
detection of unwholesomeness or adulteration.
(b) The director may condemn and forbid the sale of, or cause to be
seized, removed or destroyed, any food or drink which is unwholesome
or adulterated. Specimen utensils may be taken for bacterial
examination.
History: 1972, PL 12-44 § 7.
25.0602 Sanitation of beverage and frozen dessert dispensers.
(a) Any equipment or mechanical device used to sell or dispense soft
drinks or other beverages, or ice cream or other frozen desserts,
whether by bottle or by open cup, carton, or other container or
wrapper, or popcorn or other food, shall be maintained and operated in
a clean and sanitary manner, and so as to prevent the contamination of
beverage or food sold or dispensed.
(b) The director may order the owner, lessor, or operator of any
equipment or device or the owner of the premises where any equipment
or device is located, to close down, cease to operate or remove any
equipment or devices which he deems to be unsanitary or dangerous to
health, or take other such action as may be authorized in accordance
with law.
History: 1972, PL 12-44 § 7.
25.0603 Adulterated, misbranded, and unpasteurized milk and milk
products—Impoundment.
(a) No person may produce sell offer, or expose for sale, or have in
his possession with intent to sell, any milk or milk product,
including ice cream and other frozen desserts, which is adulterated or
misbranded.
(b) It is unlawful for any person, elsewhere than in a private home,
to have in his possession any adulterated or misbranded milk or milk
product.
(c) The sale of raw or unpasteurized milk, unpasteurized milk
products, ice cream and other frozen desserts made from unpasteurized
milk, and the sale of such products when pasteurized in an unapproved
plant, is prohibited.
(d) Any adulterated or improperly labeled milk or milk products may be
impounded by the director and shall be disposed of as he, after
hearing, orders.
(e) The terms used in this section may be defined by regulations of
the Governor.
History: 1972, PL 12-44 § 7.
25.0604 Labeling of foods and beverages.
(a) All bottles, cans, packages, and other containers enclosing milk
or any milk product shall be plainly labeled or marked with the name
of the contents, the word “reconstituted” or “recombined”, if included
in the name of the product, and the word “pasteurized” only if the
contents have been pasteurized. The label or mark shall be in letters
of an approved kind and color, and shall contain no marks or words
which are misleading.
(b) All bottles, cans, packages, and other containers enclosing solid
or liquid food products shall be plainly labeled or marked stating
clearly the contents thereof and shall contain no marks or words which
are misleading.
(c) In furtherance of the intent of this section, the director of
medical services is specifically authorized to issue regulations which
conform with standards set by the United States Food and Drug
Administration pertaining to labeling and quality of food products.
History: 1972, PL 12-44 § 7.
25.0605 Construction requirements of future dairy plants and
extensively changed plants.
All dairies, milk plants, and ice cream plants from which milk or milk
products are supplied in American Samoa which are hereafter
constructed reconstructed or extensively altered shall conform in
their construction to regulations promulgated by the Governor.
History: 1972, PL 12-44 § 7.
25.0606 Transportation of milk and milk products.
(a) All vehicles used for the transportation of milk, ice cream, and
frozen desserts or their ingredients shall be so constructed and
operated as to protect their contents from the sun and contamination.
(b) Such vehicles shall be kept clean, and no substances capable of
contaminating milk or frozen desserts, or their ingredients may be
transported therewith in such manner as to permit contamination.
(c) All vehicles used for the distribution of milk or frozen desserts
shall have the name of the distributor prominently displayed.
History: 1972, PL 12-44 § 7.
25.0607 Food and drink expiration date.
The director may condemn and forbid the sale of, or cause to be
seized, removed, or destroyed, any food or drink which has passed the
date of expiration appearing on the product or which is, in the
director’s opinion, old, stale, or otherwise unwholesome due to the
passage of time.
History: 1992, PL 22-24.
25.0608 Unlawful to sell condemned food or drink.
It is unlawful for any person to sell, offer, or expose for sale any
food, drink or other substances that have been forbidden for sale by
the director pursuant to sections 25.0601 and 25.0607.
History: 1992, PL 22-24.

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