reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 5 - Sanitation and Physical Facilities › 18 AAC 31.535 - Insect and rodent control

Current through May 31, 2024
(a) The operator of
				a food establishment shall ensure that the presence on the premises of insects,
				rodents, and other pests is minimized by
(1)
				routinely inspecting incoming shipments of food and supplies;
(2) routinely inspecting the premises for
				evidence of pests;
(3) using, if
				pests are found, trapping devices or other means of pest control allowed under
				this chapter and in accordance with 18 AAC 90; and
(4) eliminating conditions that contribute to
				the harboring of pests.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 5 - Sanitation and Physical Facilities › 18 AAC 31.540 - Floors

Current through May 31, 2024
Except for a temporary food service subject to
				  18 AAC 31.600, the operator of a
				  food establishment shall ensure that
(1) floors and floor coverings of
				preparation, processing, display, storage, and warewashing areas, walk-in
				refrigeration units, dressing rooms, locker rooms, and toilet rooms are
(A) made of smooth, durable, nonabsorbent
				material; and
(B) kept clean and in
				good repair;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 5 - Sanitation and Physical Facilities › 18 AAC 31.545 - Walls and ceilings

Current through May 31, 2024
The operator of a food establishment shall ensure that
(1) walls, ceilings, partitions, wall
				coverings, doors, and windows, including light fixtures, vent covers,
				decorative material, and wall-mounted fans or other equipment attached to walls
				and ceilings, are kept clean and in good repair and do not contaminate food or
				food containers;
(2) walls and
				ceilings in walk-in refrigerators, freezers, preparation, processing, and
				warewashing areas, toilet rooms, and janitorial rooms are light-colored,
				smooth, easily cleanable, and nonabsorbent;
(3) walls and ceilings in other areas are
				cleanable, in good repair, and do not contaminate food, containers, equipment,
				or utensils;
(4) studs, joists, and
				rafters are not exposed in preparation or processing areas; if studs, joists,
				or rafters are exposed in other areas, they must be clean and in good
				repair;
(5) exposed utility service
				lines and pipes do not obstruct the cleaning of walls and ceilings;
				and
(6) each servicing area is
				provided with overhead protection, except for areas used only for the loading
				of water or the discharge of sewage and other liquid waste, through the use of
				a closed system of hoses; in this paragraph, "servicing area" means an
				operating base location to which a mobile food unit or transportation vehicle
				returns regularly for vehicle and equipment cleaning, discharging liquid or
				solid wastes, refilling water tanks and ice bins, or boarding food.
Effective 12/19/99, Register 152, the Department of
					 Environmental Conservation readopted
					 18 AAC 31.545, without change, to
					 affirm the validity of that section following statutory amendments made in ch.
					 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt
					 regulations in 18 AAC 31 from AS 03.05 to AS
					 17.20.
Authority:
AS
					 17.20.005
AS 17.20.020
AS 17.20.072
AS 17.20.180
AS 17.20.290
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 5 - Sanitation and Physical Facilities › 18 AAC 31.550 - Cleaning

Current through May 31, 2024
The operator of a food establishment shall ensure that
(1) cleaning required by
				18 AAC 31.540 -
				18 AAC 31.545 is conducted when
				the least amount of food is exposed, except for emergency cleaning of
				floors;
(2) cleaning is performed
				by a dustless method; and
(3)
				wastewater from cleaning required by
				18 AAC 31.540 -
				18 AAC 31.545 is not disposed of
				in a preparation sink, a handwash sink, or a sink used to wash food-contact
				surfaces.
Effective 12/19/99, Register 152, the Department of
					 Environmental Conservation readopted
					 18 AAC 31.550, without change, to
					 affirm the validity of that section following statutory amendments made in ch.
					 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt
					 regulations in 18 AAC 31 from AS 03.05 to AS
					 17.20.
Authority:
AS
					 17.20.005
AS 17.20.020
AS 17.20.072
AS 17.20.180
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 5 - Sanitation and Physical Facilities › 18 AAC 31.555 - Lighting

Current through May 31, 2024
The operator of a food establishment shall ensure that
(1) permanently installed artificial light
				sources provide
(A) at least 50 foot candles
				of light, evenly distributed, measured 30 inches from the floor, on
				preparation, processing, and warewashing surfaces and equipment; and
(B) at least 20 foot candles of light, evenly
				distributed, measured 30 inches from the floor, in other areas; dining areas
				must meet this standard only during cleaning activities; and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 5 - Sanitation and Physical Facilities › 18 AAC 31.560 - Ventilation

Current through May 31, 2024
The operator of a food establishment shall ensure
(1) that equipment that produces excessive
				heat, steam, condensation, vapors, noxious odor, smoke, or fumes is adequately
				vented to outside air through a hood and filter system that prevents grease,
				condensation, or other filth from collecting on walls and ceilings or from
				draining or dripping onto food, food-contact surfaces, linens, or
				single-service or single-use articles;
(2) if an automated deep frying system with a
				ventless, hoodless design is used, that the system is approved by the
				Underwriters Laboratories (UL) and the National Sanitation Foundation
				(NSF);
(3) that commercial cooking
				equipment that produces grease-laden vapors is vented through a hood and grease
				collection system designed and installed in accordance with the
International Mechanical Code,
2006 Edition, Chapter 5,
				Sections 506 - 509, adopted by reference in
				18 AAC 31.011;
(4) that fire prevention or extinguishing
				equipment installed in a hood does not obstruct cleaning or cause grease to
				collect; and
(5) that a system
				vented to the outside does not create a discharge that violates 18 AAC
				50.
Information about how to review or obtain a copy of a
					 requirement referred to in
					 18 AAC 31.560, and adopted by
					 reference in
					 18 AAC 31.011, is set out in the
					 editor's note to
					 18 AAC 31.011.
Authority:
AS
					 17.20.005
AS 17.20.072
AS 17.20.180
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 5 - Sanitation and Physical Facilities › 18 AAC 31.565 - Dressing rooms and locker areas

Current through May 31, 2024
(a) The operator of
				a food establishment shall ensure that dressing rooms, lockers, or other
				suitable facilities are
(1) provided for the
				orderly storage of employee clothing, outer garments, and other belongings;
				and
(2) not located in a
				preparation, processing, food storage, or warewashing area.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 5 - Sanitation and Physical Facilities › 18 AAC 31.570 - Poisonous or toxic materials

Current through May 31, 2024
(a) Poisonous or
				toxic materials are prohibited on the premises of a food establishment except
				as specified in (b) of this section and
(1)
				those materials necessary to operate and maintain the establishment, including
				those needed to clean and sanitize food-contact surfaces, as specified in
				18 AAC 31.422 -
				18 AAC 31.424, or to control
				insects and rodents, as specified in
				18 AAC 31.535; or
(2) personal care items that are stored in a
				facility, as specified in
				18 AAC 31.565.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 5 - Sanitation and Physical Facilities › 18 AAC 31.575 - Premises

Current through May 31, 2024
The operator of a food establishment shall ensure that
(1) the grounds in the immediate vicinity of
				the establishment are well drained and free of conditions, such as uncut weeds
				or grass or materials, equipment, or refuse stored in a manner that might
				attract or harbor insects, rodents, or other pests;
(2) access to preparation, processing, and
				warewashing areas is restricted to employees or to persons who own, manage,
				service, repair, maintain, or regulate the establishment;
(3) the establishment is separated from any
				living or sleeping quarters by complete partitioning or solid, self-closing
				doors, and that no part of any operation is conducted in living or sleeping
				quarters;
(4) laundry activities
				are restricted to washing and drying linens, cloths, uniforms, and aprons and
				take place only in dressing or locker rooms, in storage rooms where food,
				equipment, and utensils are packaged or covered, or in a separate laundry
				room;
(5) clean clothing and linens
				are stored in a clean place and protected from contamination;
(6) soiled clothing, linens, and wiping
				cloths are stored in nonabsorbent containers or washable laundry
				bags;
(7) maintenance tools,
				including brooms, mops, vacuum cleaners, and similar items, are
(A) stored so the tools do not contaminate
				food, food-contact surfaces, linens, or single-service or single-use
				articles;
(B) stored in an orderly
				manner that facilitates cleaning the area used for storing the tools;
				and
(C) placed in a position that
				allows tools, if wet, to air-dry without soiling walls, equipment, or
				supplies;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 6 - Temporary Food Service, Limited Food Service, Kiosks, Mobile Food Units, and Vending Machines › 18 AAC 31.600 - Temporary food service

Current through May 31, 2024
(a) In addition to the other applicable
				requirements of this chapter, the operator of a temporary food service shall
				comply with this section.
(b) Food
				must be prepared at the temporary food service unless the department approves
				prior preparation at a permitted food establishment or another facility under
				(c)(5) of this section.
(c) For a
				temporary food service, depending on the adequacy of facilities, equipment, and
				utensils for the types and volume of food and methods of preparation and
				service, and based on information provided by the operator on an application
				form provided by the department, the department will, as the department
				determines necessary to serve the interests of public health and consumer
				protection,
(1) limit the food items to be
				prepared and sold;
(2) limit
				preparation steps;
(3) prohibit the
				sale of potentially hazardous food;
(4) except for the fee required by
				18 AAC 31.050, grant a variance
				from a requirement of this chapter under
				18 AAC 31.930 if the variance will
				not threaten public health or consumer protection and the purpose of the
				requirement is otherwise satisfied;
(5) authorize prior preparation of food at a
				permitted food establishment or another approved facility if
(A) that establishment or facility has
				adequate equipment for the type and volume of food and methods of
				preparation;
(B) a letter of
				agreement signed by the operator of the establishment or facility
(i) is attached to the temporary food service
				application;
(ii) specifies the
				food, and the dates and times the food will be prepared; and
(iii) confirms that the establishment or
				facility has adequate equipment and utensils for the type and volume of food
				and methods of preparation; and
(C) food is maintained at temperatures
				required by
				18 AAC 31.230 -
				18 AAC 31.236 and protected from
				contamination during transportation to the temporary food service;
				and
(6) deny a temporary
				permit required under
				18 AAC 31.020 if the applicant,
				within the two years before the application date, received
(A) two or more temporary food service
				inspections noting risk factor or intervention violations that the department
				determines, based on the nature or number of violations, threaten public
				health; or
(B) a temporary food
				service permit suspension or establishment closure.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 6 - Temporary Food Service, Limited Food Service, Kiosks, Mobile Food Units, and Vending Machines › 18 AAC 31.610 - Limited food service

Current through May 31, 2024
(a) In addition to the other applicable
				requirements of this chapter, the operator of a limited food service shall
				comply with this section.
(b) At a
				limited food service, depending on the adequacy of facilities, equipment, and
				utensils for the types and volume of food and methods of preparation and
				service, and based on information provided by the operator on the application
				form by the department, the department will, as the department determines
				necessary to serve the interests of public health and consumer protection,
(1) limit the number and type of food items
				to be prepared and sold;
(2)
				require the exclusive use of single-service tableware; and
(3) allow the use of a commissary or other
				approved facility located in the same structure or within a reasonable distance
				to resupply food and single-service items;
(4) repealed 12/28/2006.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 6 - Temporary Food Service, Limited Food Service, Kiosks, Mobile Food Units, and Vending Machines › 18 AAC 31.615 - Kiosks

Current through May 31, 2024
(a) In addition to the other applicable
				requirements of this chapter, the operator of a kiosk shall comply with this
				section.
(b) The operator of a
				kiosk shall ensure that
(1) the type of food
				operation at the kiosk is a limited food service or a convenience
				store;
(2) potable water is
				delivered as frequently as necessary to prevent the water tanks from being less
				than one-quarter full at any time;
(3) the wastewater tank is emptied at a
				frequency that will prevent the tank from being more than three-quarters full
				at any time;
(4) the kiosk provides
				take-out or drive-up food service only, and seating is not provided for the
				patrons;
(5) food is not cooled or
				reheated within the kiosk; this paragraph does not apply to an iced beverage;
				and
(6) toilet facilities for use
				by the employees are within 200 feet of the kiosk while the kiosk is in
				operation.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 6 - Temporary Food Service, Limited Food Service, Kiosks, Mobile Food Units, and Vending Machines › 18 AAC 31.620 - Mobile food units

Current through May 31, 2024
(a) In addition to the other applicable
				requirements of this chapter, except as otherwise provided in this section, the
				operator of a mobile food unit must comply with this section.
(b) At a mobile food unit, depending on the
				adequacy of facilities, equipment, and utensils for the types and volume of
				food and methods of preparation and service, and based on information provided
				by the operator on the application form by the department, the department will,
				as the department determines necessary to serve the interests of public health
				and consumer protection,
(1) limit the number
				and type of food items to be prepared and sold;
(2) limit preparation steps; and
(3) approve the use of a commissary to
				support the mobile food unit if
(A) the
				necessary support services can be provided to the mobile food unit without
				compromising the commissary's operation; and
(B) the mobile food unit operates within a
				reasonable distance of the commissary so that it can return daily for servicing
				as required by (c) of this section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 6 - Temporary Food Service, Limited Food Service, Kiosks, Mobile Food Units, and Vending Machines › 18 AAC 31.625 - Mobile retail vendors

Current through May 31, 2024
(a) In addition to the other applicable
				requirements of this chapter, a mobile retail vendor selling
(1) only prepackaged food shall
(A) store excess food and supplies at a
				commissary;
(B) provide hot- or
				cold-holding units if needed to maintain potentially hazardous food at the
				temperatures required by
				18 AAC 31.234; and
(C) keep the unit clean;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 6 - Temporary Food Service, Limited Food Service, Kiosks, Mobile Food Units, and Vending Machines › 18 AAC 31.630 - Machines vending potentially hazardous food

Current through May 31, 2024
(a) In addition to
				the other applicable requirements of this chapter, a person who offers
				potentially hazardous food for sale in a vending machine shall meet the
				requirements of this section.
(b)
				The operator of an establishment providing machines vending potentially
				hazardous foods shall ensure that
(1) each
				machine vending potentially hazardous food is supported by an approved storage
				and servicing area or is supplied and serviced from a commissary;
(2) each machine is designed, constructed,
				and operated in a way that equals or exceeds NSF's ANSI/NSF International
				Standard 25 - 2000,
Vending Machines for Food and Beverages,
or
				the National Automatic Merchandising Association's (NAMA)
Standard for
				the Sanitary Design and Construction of Food and Beverage Vending
				Machines,
both of which are adopted by reference in
				18 AAC 31.011;
(3) water used in each machine is obtained
				from a source constructed and operated as required by 18 AAC 80;
(4) employees wash their hands immediately
				before loading the machine or use single-use gloves;
(5) potentially hazardous food is dispensed
				to the consumer in the individual, original container or package into which it
				was placed at the commissary;
(6)
				milk and fluid milk products are dispensed only in individual, original
				containers;
(7) fluid milk
				products, and fluid nondairy products such as creaming agents, are not
				dispensed in a vending machine as an ingredient in hot liquid beverages or
				other food;
(8) the temperature of
				potentially hazardous food is kept at 41º F or below for cold-held food or
				135º F or above for hot-held food except during the time required to load
				or service the machine and no more than 30 minutes after loading or servicing;
				and
(9) a conspicuous label is
				affixed to the front of each machine with the name, physical address, and phone
				number of the food establishment permitted under this chapter to operate the
				vending machine.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 7 - Food Processing › 18 AAC 31.700 - Food processing and manufacturing practices

Current through May 31, 2024
(a) In
				addition to complying with other applicable requirements of this chapter, the
				operator of a food processing establishment shall meet the good manufacturing
				practice requirements in  21 C.F.R. Part 117, adopted by reference in
				18 AAC 31.011.
(b) The operator of a food processing
				establishment that is not required to have a food safety plan described in
				21 C.F.R.
				117.126, or that is not subject to  21 C.F.R.
				Part 113,  21 C.F.R. Part 114, or  21 C.F.R. Part 120, and where processes are
				used that allow the rapid and progressive growth of infectious or toxigenic
				microorganisms, or the slower growth of
Clostridium botulinum
,
				shall develop and follow a HACCP plan as described in 18 AAC 31.260.
Effective 12/19/99, Register 152, the Department of
					 Environmental Conservation readopted 18 AAC 31.700, to affirm the validity of
					 that section following statutory amendments made in ch. 72, SLA 1998. The
					 department also amended former 18 AAC 31.700(e). Chapter 72, SLA 1998 relocated
					 department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS
					 17.20.
Authority:
AS
					 17.20.005
AS
					 17.20.010
AS
					 17.20.020
AS
					 17.20.040
AS
					 17.20.072
AS
					 17.20.180
AS
					 17.20.290
AS
					 17.20.300
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 7 - Food Processing › 18 AAC 31.702 - Food additives

Current through May 31, 2024
A substance, color additive, indirect food additive, or
				  direct food additive may be added to food if the substance, color additive,
				  indirect food additive, or direct food additive is not prohibited, has been
				  approved for use in human food, is used for its intended use, is used at
				  appropriate rates, and is generally recognized as safe by FDA under the
				  following requirements, adopted by reference in
				  18 AAC 31.011:
(1)
									21
				C.F.R. 73.1-
				73.615
				(listing of color additives exempt from certification; foods);
(2)
									21 C.F.R.
				74.101-
				74.706
				(listing of color additives subject to certification; foods);
(3)  21 C.F.R. Part 170  (food
				additives);
(4)  21 C.F.R. Part 172
				 (food additives permitted for direct addition to food for human
				consumption);
(5) 21 C.F.R. Part
				173 (secondary direct food additives permitted in food for human
				consumption);
(6) 21 C.F.R. Part
				175 (indirect food additives: adhesives and components of coatings);
(7)  21 C.F.R. Part 176  (indirect food
				additives: substances for use only as components of paper and
				paperboard);
(8)  21 C.F.R. Part 177
				 (indirect food additives: polymers);
(9)  21 C.F.R. Part 178  (indirect food
				additives: adjuvants, production aids, and sanitizers);
(10)  21 C.F.R. Part 180  (food additives
				permitted in food or in contact with food on an interim basis pending
				additional study);
(11)
									21
				C.F.R. 181.22-
				181.34
				(prior-sanctioned food ingredients; specific prior-sanctioned food
				ingredients);
(12) 21 C.F.R. Part
				182 (substances generally recognized as safe);
(13)  21 C.F.R. Part 184  (direct food
				substances affirmed as generally recognized as safe);
(14)  21 C.F.R. Part 186  (indirect food
				substances affirmed as generally recognized as safe);
(15)  21 C.F.R. Part 189  (substances
				prohibited from use in human food).
Authority:
AS
					 17.20.005
AS
					 17.20.010
AS
					 17.20.020
AS
					 17.20.030
AS
					 17.20.072
AS
					 17.20.180
AS
					 17.20.290
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 7 - Food Processing › 18 AAC 31.704 - Labeling requirements specific to food processing establishments

Current through May 31, 2024
(a) In addition to complying with the
				labeling requirements listed under
				18 AAC 31.060, the operator of a food processing
				establishment shall ensure that food products are labeled with a lot number or
				other code.
(b) The operator shall
				keep lot records that include
(1) the lot
				number or other code;
(2) the date
				of production; and
(3) other
				information that will allow production lots to be identified if the food is
				recalled, contaminated, or otherwise found to be unfit for human
				consumption.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 7 - Food Processing › 18 AAC 31.706 - Recall procedures

Current through May 31, 2024
(a) The operator of
				a food processing establishment shall develop, maintain, and make available for
				department review written procedures sufficient to notify consignees and
				consumers of a product recall and remove the affected product from commerce as
				described in
				21
				C.F.R. 117.139 (recall plan), adopted by
				reference in
				18 AAC
				31.011. These written procedures must describe the
				steps to be taken, and assign responsibilities for taking those steps, to
				perform the following actions as appropriate to the establishment:
(1) notify each direct consignee of the
				recalled food product, including instruction of how to return or dispose of the
				affected product;
(2) notify the
				public about the hazard presented by the recalled food product;
(3) appropriately dispose of the recalled
				food product by reprocessing, reworking, diverting to a use that does not
				present a safety concern, or destroying the food product; and
(4) verify, by means such as personal visits,
				telephone calls, written communications, or a combination of those means, that
				each consignee received notification of the recall and has taken the
				appropriate action.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 7 - Food Processing › 18 AAC 31.720 - Thermal processing and acidified food

Current through May 31, 2024
In addition to complying with other applicable requirements
				  of this chapter, an operator of a food processing establishment who
(1)  thermally processes low-acid foods
				packaged in hermetically sealed containers shall meet the requirements of
				21
				C.F.R. 108.35 and  21 C.F.R. Part 113, adopted
				by reference in
				18 AAC
				31.011; or
(2) processes acidified foods shall meet the
				requirements of
				21 C.F.R. 108.25
				and  21 C.F.R. Part 114, adopted by reference in
				18 AAC
				31.011.
Effective 12/19/99, Register 152, the Department of
					 Environmental Conservation readopted 18 AAC 31.720, without change, to affirm
					 the validity of that section following statutory amendments made in ch. 72, SLA
					 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations
					 in 18 AAC 31 from AS 03.05 to AS 17.20.
Authority:
AS
					 17.20.005
AS
					 17.20.010
AS
					 17.20.020
AS
					 17.20.072
AS
					 17.20.180
AS
					 17.20.290
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 7 - Food Processing › 18 AAC 31.730 - Glacier ice and ice manufacturing

Current through May 31, 2024
(a) In addition to
				complying with other applicable requirements of this chapter, except for a
				person who exports glacier ice without further processing and a person that
				manufactures ice primarily for use by a seafood processor permitted under 18
				AAC 34, the operator of a food establishment where glacier ice or ice is
				manufactured shall comply with the requirements of  21 C.F.R. Part 117, adopted
				by reference in
				18 AAC 31.011.
(b) For glacier ice, the operator of a food
				establishment shall ensure that
(1)
				contamination of glacier ice is minimized during harvesting, transportation,
				and storage; and
(2) before
				processing, glacier ice is cleaned with potable water to remove surface debris
				and contaminants.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 7 - Food Processing › 18 AAC 31.740 - Bottled drinking water

Current through May 31, 2024
(a) In addition to
				complying with other applicable requirements of this chapter, an operator of a
				food processing establishment who bottles drinking water shall comply with this
				section and meet the food standard, quality, and labeling requirements in
				21
				C.F.R. 165.110 and the requirements for
				processing and bottling of bottled drinking water in  21 C.F.R. Part 129, both
				adopted by reference in
				18 AAC
				31.011.
(b) Subject to (c) of this section, quality
				testing of product water must use the methods described in
				21
				C.F.R. 165.110(b) or an
				alternate method that has been approved by the department in writing.
(c) The operator of a food processing
				establishment is exempt from quality testing of product water if the operator
(1) is also the operator of the public water
				system used as the water source; and
(2) has a copy of one of the following on
				file at the food processing establishment:
(A)
				a valid interim approval to operate issued under
				18 AAC 80.210(e); or
(B) a valid final approval to operate issued
				under
				18 AAC 80.210(f).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 7 - Food Processing › 18 AAC 31.745 - Juice

Current through May 31, 2024
In addition to complying with other applicable requirements
				  of this chapter, an operator of a food processing establishment who processes
				  juice shall meet the requirements of  21 C.F.R. Part 120, adopted by reference
				  in
				  18 AAC 31.011.
An operator who bottles drinking water for interstate
					 commerce may also be subject to  21 C.F.R. 129  and should contact the
					 FDA.
USGS maps may be obtained from the United States Geological
					 Survey, at
https://www.usgs.gov/core-science-svstems/national-geosnatial-program/national-map
.
Authority:
AS
					 17.20.005
AS
					 17.20.010
AS
					 17.20.020
AS
					 17.20.040
AS
					 17.20.070
AS
					 17.20.072
AS
					 17.20.180
AS
					 17.20.200
AS
					 17.20.290
AS
					 17.20.300
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 7 - Food Processing › 18 AAC 31.770 - Meat, poultry, and game slaughtering and processing

Current through May 31, 2024
(a) Except as provided in
				18 AAC 31.205,
				18 AAC 31.820, and (b) and (c) of
				this section, meat, poultry, and game meat slaughtered, processed, distributed,
				or sold as part of commerce and intended for human consumption must
(1) come from a facility operating under a
				USDA mandatory or voluntary inspection program; or
(2) for poultry, be exempt from USDA poultry
				inspection.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 8 - Markets › 18 AAC 31.800 - Bulk food

Current through May 31, 2024
In addition to meeting the other applicable requirements of
				  this chapter, the operator of a market who displays bulk food for self service
				  shall ensure that
(1) display units
				are properly labeled as required by
				18 AAC 31.060;
(2) labels and marking pens are available to
				consumers to identify bulk items purchased;
(3) repealed 12/28/2006;
(4) bulk food display units are separated
				from any containers of bulk chemicals and bulk pet food by distance, such as
				separate aisles, or partitions;
(5)
				an employee is assigned to monitor the area to discourage tampering and
				consumer contamination; to restock; to label; to clean spills; and to wash,
				rinse, and sanitize containers and utensils;
(6) scoops, tongs, or other utensils are
				readily available to minimize hand contact, and are stored in the food with the
				handle up or in a protective enclosure or holder;
(7) tongs, scoops, and other utensils used by
				customers are washed, rinsed, and sanitized at least once each day or more
				frequently if needed; and
(8)
				display units and lids are washed, rinsed, and sanitized before restocking,
				when soiled, or at more frequent scheduled intervals, depending on the amount
				and type of food accumulation.
Effective 12/19/99, Register 152, the Department of
					 Environmental Conservation readopted
					 18 AAC 31.800, without change, to
					 affirm the validity of that section following statutory amendments made in ch.
					 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt
					 regulations in 18 AAC 31 from AS 03.05 to AS
					 17.20.
Authority:
AS
					 17.20.005
AS 17.20.020
AS 17.20.040
AS 17.20.072
AS 17.20.180
AS 17.20.290
AS
					 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 8 - Markets › 18 AAC 31.810 - Retail seafood products

Current through May 31, 2024
(a) In addition to
				the other applicable requirements of this chapter, an operator of a market who
				offers seafood products for retail sale shall comply with this
				section.
(b) The operator shall
				ensure that, in addition to the applicable requirements of
				18 AAC 31.060, labels on packaged
				seafood include
(1) the date of
				packing;
(2) the name of the
				seafood product for which a definition and standard of identity are included in
The Seafood List, FDA's Guide to Acceptable Market Names for Seafood
				Sold in Interstate Commerce,
adopted by reference in
				18 AAC 31.011, or the usual name
				of the seafood product for which a definition and standard of identity are not
				included in that document; and
(3)
				for an imitation seafood product, the word "imitation", followed by the name of
				the product, with the labeling in letters as large as the name of the
				product.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 8 - Markets › 18 AAC 31.820 - Reindeer for retail sale to or at a market

Current through May 31, 2024
(a) An owner or a
				herder of reindeer may sell meat from slaughtered and dressed reindeer to a
				market only if the reindeer comes slaughtered and dressed from an approved
				source, or if
(1) the reindeer are slaughtered
				and dressed only when the outdoor temperature is 32º F or below and there
				is adequate snow cover on the ground to protect the carcasses from
				contamination;
(2) slaughtered
				carcasses are covered by the person who is slaughtering before moving the
				carcasses, to protect the meat from contamination;
(3) carcasses are frozen immediately after
				slaughter and are kept frozen during transportation, storage, and display;
				and
(4) carcasses are visibly
				clean.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.900 - Inspections and audits

Current through May 31, 2024
(a) The department may conduct inspections or
				audits to determine compliance with this chapter and will record the findings
				on an inspection report.
(b) The
				operator of a food establishment shall allow an employee or agent of the
				department, after proper identification, to enter and have free access to the
				establishment during reasonable hours to
(1)
				inspect all or any portion of the establishment, including each type of
				operation required to have a permit under
				18 AAC 31.020;
(2) inspect all or any portion of any
				commissary, servicing area, or other facility supporting or operating in
				conjunction with the food establishment, including areas supporting vending
				machines;
(3) examine records
				relating to the establishment's certified food protection manager, food worker
				cards, and food and supplies purchased, received, or used;
(4) examine standard operating procedures and
				self-assessments conducted by the establishment, if the establishment is
				required to implement standard operating procedures or conduct self-assessments
				under 18 AAC 31.902;
(5) investigate any employee illness or
				absenteeism to determine compliance with
				18 AAC 31.300 or as part of a
				foodborne illness investigation, as specified in
				18 AAC 31.907;
(6) examine food, observe procedures, obtain
				samples, or conduct tests to determine compliance with this chapter;
				and
(7) interview employees to
				determine knowledge of and compliance with safe food handling procedures and
				food safety practices specified in this chapter.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.902 - Food safety management systems

Current through May 31, 2024
(a) The department
				may require an operator of a food establishment to comply with (b) of this
				section if the department determines a food establishment has
(1) a foodborne outbreak associated with the
				facility;
(2) more than one risk
				factor or intervention violation of this chapter; or
(3) one or more good retail practice
				violations that the department determines significantly increase the risk to
				consumers of a foodborne illness.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.905 - Permit suspension and establishment closure

Current through May 31, 2024
(a) The
				department may, without prior warning, notice, or hearing, suspend a permit and
				require that the food establishment immediately stop operating if
(1) an imminent health hazard exists and no
				immediate correction or containment that is acceptable to the department is
				available;
(2) during an inspection
				conducted under 18 AAC 31.900, the operator receives
(A) five or more risk factor or intervention
				violations;
(B) four risk factor or
				intervention violations and five or more good retail practice violations;
				or
(C) three risk factor or
				intervention violations and eight or more good retail practice
				violations;
(3) a food
				establishment is placed under a boil water notice under 18 AAC 80.635 because
				of a violation of the maximum contaminant level for coliform bacteria, and the
				operator fails to take the actions required by 18 AAC 31.500(e);
(4) the department advises the operator under
				18 AAC 80 that one or more samples of the food establishment's public water
				system are positive for fecal coliforms;
(5) the operator fails to comply with the
				terms of a conditional permit issued under 18 AAC 31.021, including if
(A) each violation specified under 18 AAC 31.021 is not corrected on or before the date indicated on the conditional
				permit;
(B) the operator does not
				make fee payments in compliance with a fee schedule established under 18 AAC 31.021; or
(C) drinking water plans
				or wastewater plans submitted as required by 18 AAC 31.030 are not
				approved;
(6) multiple
				or repeated violations of a requirement of this chapter occur;
(7) a risk factor or intervention violation
				is not corrected within the time frame designated during an inspection
				conducted under 18 AAC 31.900;
(8)
				during a reinspection of a food establishment within a 12-month period, the
				department notes on an inspection form, three or more risk factor or
				intervention violations;
(9) the
				operator or an employee interferes with a department employee or agent in the
				performance of official duties; or
(10) the department believes that a food
				establishment or an employee might be the source of a foodborne
				illness.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.907 - Foodborne illness investigation and control

Current through May 31, 2024
(a) If the
				department believes a food establishment or an employee might be the source of
				a foodborne illness, the department may take action necessary to control
				disease transmission, including suspending the food establishment's permit
				under 18 AAC 31.905, and actions
				recommended by the Department of Health and Social Services and
(1) securing an illness history from each
				employee suspected of transmitting the illness;
(2) restricting a suspect employee's services
				to an area of the food establishment where there is no danger of transmitting
				disease or excluding a food employee from the food establishment;
(3) requiring medical or laboratory
				examination of a suspect employee;
(4) securing records or other information
				that might assist in the positive identification of persons potentially exposed
				to the disease; or
(5) obtaining
				samples of food for laboratory analysis.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.910 - Examination, detention, and destruction of food

Current through May 31, 2024
(a) The department
				may examine and obtain samples of food offered or displayed for sale to the
				public.
(b) The department may
				detain a food product or food ingredient if the department determines, or has
				cause to believe, that the food product or food ingredient is adulterated,
				misbranded, or processed or harvested in violation of this chapter. Detention
				under this subsection is subject to the following procedures:
(1) the department will
(A) order affixed in a conspicuous place to
				the food product or food ingredient a "detained" tag or other appropriate
				marking that gives notice that the food product or food ingredient has been
				detained, and that warns against the removal or disposal of the food product or
				food ingredient without permission from the department or a court; a person may
				not move, reprocess, relabel, destroy, or otherwise terminate detention of the
				food product or food ingredient without the department's written
				consent;
(B) issue a notice of
				detention and inform the immediate custodian or operator of conditions under
				which the detention can be terminated; and
(C) notify the immediate custodian or
				operator of the results of any laboratory analysis conducted by the
				department;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.925 - Food service establishment recognition program

Current through May 31, 2024
(a) Under the
				department's food service establishment recognition program, an operator with a
				valid permit under
				18 AAC 31.030 may apply for
				recognition from the department for a food service establishment. The
				department will issue recognition to a food service establishment if
(1) the operator submits to the department
(A) an application for recognition on a form
				provided by the department;
(B) a
				list of individuals working at or employed by the establishment who are
				certified food protection managers under
				18 AAC 31.325; and
(C) a copy of each monthly self-assessment
				that the operator has completed when performing monthly self-assessments under
				18 AAC 31.902 and (3) of this
				subsection;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.930 - Variance from requirements

Current through May 31, 2024
(a) Except for a
				fee required by
				18 AAC 31.050, the department will
				grant a variance from a requirement of this chapter if the department finds
				that public health is protected and the purpose of the requirement is otherwise
				satisfied.
(b) An application for a
				variance must be submitted in writing to the department, on a form supplied by
				the department, and must
(1) specify the
				requirement for which the variance is sought;
(2) state the reason why the requirement
				cannot be met; and
(3) describe the
				alternate method proposed to meet the purpose of the requirement.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.940 - Right to appeal noncompliance decision

Current through May 31, 2024
(a) Except for
				a fee dispute subject to (b) of this section, the operator of a food
				establishment subject to this chapter may request an informal review under 18 AAC 15.185 of a department decision regarding that operator's noncompliance
				with this chapter. This subsection does not affect a person's right to a
				hearing under AS 44.62 (Administrative Procedure Act).
(b) An operator of a food establishment
				subject to this chapter who disputes an invoice issued under 18 AAC 31.050 may
				request a fee review under 18 AAC 15.190.
(c) If the department orders the embargo or
				destruction of food under 18 AAC 31.910 without prior opportunity for a hearing
				under AS 44.62.330-44.62.640, the permittee may request an expedited hearing
				by notifying the commissioner and the office of administrative hearings (AS
				44.64.010) not later than 15 days after the permittee receives the order. The
				office of administrative hearings will schedule an expedited hearing at the
				earliest possible time and make a recommended decision to the commissioner or
				to the commissioner's designee if the designee is a person other than the
				person who issued the order. The hearing will be held not later than five days
				after the office of administrative hearings receives the expedited hearing
				request. The submission of a request or the scheduling of a hearing does not
				stay the operation of the department's order. Within the shortest feasible time
				the office of administrative hearings will issue a recommended decision to the
				commissioner or the commissioner's designee. The commissioner or the
				commissioner's designee will issue a final department decision within the
				shortest feasible time.
Effective 12/19/99, Register 152, the Department of
					 Environmental Conservation readopted 18 AAC 31.940, without change, to affirm
					 the validity of that section following statutory amendments made in ch. 72, SLA
					 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations
					 in 18 AAC 31 from AS 03.05 to AS 17.20.
Authority:
AS 17.20.005
AS 17.20.180
AS 17.20.190
AS 44.46.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.945 - Delegation of authority

Current through May 31, 2024
(a) Except as
				provided in (h) of this section, the department may delegate to a municipality
				the authority to implement the requirements of this chapter that apply to a
				food service or to a market, upon approval of an application for
				delegation.
(b) A municipality
				seeking delegation must provide documentation to the department that
				demonstrates that the municipality's proposed program has
(1) funding, staff, and equipment necessary
				to accomplish compliance with the terms and conditions of the
				delegation;
(2) an inspection and
				enforcement program that determines and documents compliance;
(3) insurance to cover any personal injury or
				property damage and that adequately protects the state;
(4) an ongoing employee training and
				verification program that ensures uniformity among regulatory staff in the
				interpretation and application of laws; and
(5) regulatory requirements that include
				provisions at least as protective of public health as those contained in this
				chapter.