Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 31 - Alaska Food Code › Article 9 - Compliance Procedures and General Provisions › 18 AAC 31.915 - Civil fines

Current through May 31, 2024
(a) The department
				may, without prior warning, notice, or hearing, assess a civil fine of not more
				than $1,000 for each violation for a serious or repeat violation of this
				chapter as listed in Table K of this subsection.
TABLE K
SCHEDULE OF FINES
VIOLATION AMOUNT FOR
FIRST
OFFENSE AMOUNT FOR
SECOND
OFFENSE AMOUNT FOR
THIRD AND
SUBSEQUENT
OFFENSES Operating without a
permit in violation
of
				  18 AAC 31.0202 times the
				  amount
of the annual
permit fee specified
in
				  18 AAC 31.0502 times the
				  amount
of the annual
permit fee specified
in
				  18 AAC 31.0502 times the
				  amount
of the annual
permit fee specified
in
				  18 AAC 31.050 Labeling,
placarding, or
consumer advisories
not provided in
violation of 18 AAC
31.060 $250 $500 $1,000 Food is from an
unapproved source
in violation of 18 AAC
31.200 $250 $500 $1,000 Food sold, served,
or used in the
establishment is
unwholesome,
adulterated, or not
safe for human
consumption in
violation of
AS
				  17.20.020 or
17.20.030, or
18 AAC 31.200 $250 $500 $1,000
				  Food and food
preparation for a
highly susceptible
population not
modified where
required in
violation of 18 AAC
31.215 $250 $500 $1,000 Ready-to-eat food not
protected from
contamination from
raw food in violation
of
				  18 AAC 31.221 $250 $500 $1,000
				  Handling ready-to-eat
food with bare hands
in violation of
18 AAC 31.220 $250 $500 $1,000
				  Potentially hazardous
food not cooked,
cooled, or held
during receiving,
storage, preparation,
processing, display,
service, or
transportation at
required temperatures
and times of violation
of
				  18 AAC 31.230 -
18 AAC 31.234 $250 $500 $1,000
				  Potentially hazardous
food not discarded
as required where
time is used as a
public health control
in violation of
18 AAC 31.236 $250 $500 $1,000
				  Re-service of
potentially hazardous
food or unwrapped
food that has
previously been
served or sold to
a consumer in
violation of
18 AAC 31.226 $250 $500 $1,000 An
				  employee who
has a condition
described in
18 AAC 31.300
handles food $250 $500 $1,000 A person working
in a food
establishment
is not practicing
strict standards
of cleanliness
or personal
hygiene, including
handwashing, in
violation of
18 AAC 31.310 or
18 AAC 31.315,
the results of
which might be a
foodborne illness $250 $500 $1,000 Handwashing
				  facilities
not installed,
maintained, or
accessible in
violation of
18 AAC 31.416 or
18 AAC 31.525 $250 $500 $1,000
				  Food-contact
surfaces are not
washed, rinsed, or
sanitized effectively
in violation of
any provision of
18 AAC 31.422 -
18 AAC 31.424 $250 $500 $1,000
				  Water is from an
unapproved public
water system if the
system is required
to be approved,
or water is not
potable in violation
of
				  18 AAC 31.500 $250 $500 $1,000 A
				  water system does
not provide hot
and cold running
water under pressure
as required by
this chapter, or has
a cross-connection
with a nonpotable
supply or a back
siphonage potential $250 $500 $1,000 Sewage or liquid
waste not disposed
of in an approved
manner in
violation of
18 AAC 31.510 $250 $500 $1,000
				  Insects, rodents, or
other prohibited
animals are on
the premises in
violation of
18 AAC 31.535 or
18 AAC 31.575 $150 $300 $600
				  Poisonous or
toxic material
improperly labeled,
stored, or used
in violation of
18 AAC 31.570 $250 $500 $1,000 A
				  HACCP plan
is not provided
as required in
violation of
18 AAC 31.260 $250 $500 $1,000
				  Standard operating
procedures or self-
assessments are not
implemented or
conducted where
required in
violation of 18 AAC
31.902 $250 $500 $1,000 A violation of another
requirement of
18 AAC 31 not
listed above $0 $200 $400
(b) For the purpose of determining whether a
				civil fine is assessed under this section, the department will consider
				aggravating or mitigating factors, including
(1) the history of previous violations by the
				operator or establishment;
(2) the
				seriousness of the violation, including actual or potential hazard to the
				health and safety of the public;
(3) whether the violation occurred due to
				negligence or intentional conduct;
(4) whether the operator has demonstrated
				good faith efforts to achieve rapid compliance after notification of a
				violation, including the operator's current status of compliance and the number
				of continuing violations;
(5) the
				actual or potential economic gain to the operator by violating a provision of
				this chapter;
(6) enforcement costs
				incurred by the department relating to the violation; and
(7) payment of civil fines previously
				assessed for same violation.