18 AAC 31.012. Exempt activities and facilities

Except as otherwise provided in this section, the following activities and facilities are not subject to this chapter, but are subject to the prohibitions set out in AS 17.20.290 :

(1) custom processing of an individual's sport-caught fish or game meat;

(2) a business, including a gas station, gift shop, video store, student store, or packaged liquor store, that sells only one or more of the following types of food:

(A) prepackaged, nonpotentially hazardous food;

(B) fresh, uncut and unpeeled fruit;

(3) a bake sale; for purposes of this paragraph, "bake sale" means the occasional sale to the public, by an organization at a fundraising event or a seasonal event such as a fair or bazaar, of packaged jams, jellies, or confections or bakery-type items including fruit or berry pies and cobblers, cakes, cookies, pastries, and breads; a person who sells at a bake sale bakery-type items such as pies, cakes, and pastries that contain potentially hazardous fillings or toppings such as custard, whipped cream, or meringue must keep those foods refrigerated at 41УИ F or below after preparation and during the bake sale, except as specified in 18 AAC 31.410(k) ; potentially hazardous foods such as sandwiches, stuffed breads, meat pies, and pizza may not be sold at a bake sale;

(4) a business selling directly to the consumer only popcorn, cotton candy, prepackaged ice cream novelties, nonpotentially hazardous beverages that are prepackaged and dispensed directly from commercial containers into single-service containers, black coffee with single-service items, or coffee offered with nondairy creamers and served with single-service items;

(5) a vending machine dispensing only nonpotentially hazardous food;

(6) the preparation and serving of nonpotentially hazardous snacks at a child care facility if the child care facility is required to have a license from the Department of Education and Early Development under AS 14.37 and 4 AAC 62;

(7) a restricted food service transient occupancy establishment;

(8) the sale of homemade jam, jelly, fruit syrup, herb vinegar, dried herbs, or dried tea leaves, if sold by the individual who prepared the food directly to the consumer at a restricted food service transient occupancy establishment, a farmers' market, a roadside stand, or a seasonal event, such as a fair or bazaar;

(9) the extraction of raw honey;

(10) the packaging or sale of extracted or unextracted raw honey;

(11) the packaging and sale of raw, whole vegetables and fruit at a farmers' market, a roadside stand, or a seasonal event, such as a fair or bazaar, if the vegetables and fruit are offered

(A) in their natural state; or

(B) after rinsing, trimming of unnecessary parts, or separating greens from roots;

(12) the harvesting and evaporation of tree sap; however, further processing of tree sap, including packaging, is subject to this chapter;

(13) the preparation and serving of food at a portable field camp that is set up on a transient basis for no more than 14 days at a single location to support a single group on an overnight expedition or recreational activity, such as backpacking, horseback riding, hunting, fishing, rafting, skiing, or dog mushing; for purposes of this section, a portable field camp is at a new location if it is moved two miles or more from the original location;

(14) a family-operated business, if the business employs only family members, prepares and serves food only to those family members, and does not serve food to the public;

(15) the preparation and serving of food in conjunction with the following events if the food is prepared or provided by and for members of one of the following groups and that group's invited guests; however, this paragraph does not exempt fundraisers, promotional events, or other gatherings that are advertised or open to the public, if food is provided, with or without charge:

(A) a meeting or an event of a private or charitable organization, association, or club;

(B) an activity of a church or other religious congregation;

(D) a traditional Native potlatch;

(16) the preparation and serving of food at a

(A) foster home or foster group home, if the facility has a license from the Department of Health and Social Services as required by AS 47.35 and 7 AAC 50; and

(B) child care home or child care group home, if the facility has a license from the Department of Education and Early Development as required by AS 14.37 and 4 AAC 62;

(17) the preparation and serving of food at an assisted living home, if the assisted living home

(A) has five or fewer residents; and

(B) is required to have a license from the Department of Health and Social Services or the Department of Administration, as appropriate, as required by AS 47.33 and 7 AAC 75;

(18) the harvesting or cleaving of glacier ice if the glacier ice is exported from the state without further processing;

(19) a food establishment within a national park, federal military installation, public health service hospital, or other federal facility where inspections and regulatory oversight are provided by the federal government;

(20) a public open house that serves commercially prepared, packaged, and ready-to-eat appetizers for self-service by the attendees of the open house; an appetizer that contains a potentially hazardous food must be maintained

(A) except as specified in 18 AAC 31.410(k) , at 41УИ F or below, if the appetizer is a cold appetizer; or

(B) at 140УИ F or above, if the appetizer is a hot appetizer;

(21) the glazing or roasting of preshelled nuts at an event for sale directly to the consumer;

(22) a temporary food service lasting one day or less if

(A) commercially prepared, packaged, and ready-to-eat foods requiring no more than limited preparation such as reheating and minimal handling, such as assembly, are served;

(B) a handwashing facility is provided for use by employees as described in 18 AAC 31.600(f) (6); and

(C) hot foods are maintained at or above 140УИ F and cold foods are maintained at 41УИ F or less, except as specified in 18 AAC 31.410(k) .

History: Eff. 12/19/99, Register 152; am 6/28/2001, Register 158

Authority: AS 17.20.005

Editor's note: Before 12/19/99, Register 152, the substance of 18 AAC 31.012 was located in 18 AAC 31.010. The history note for 18 AAC 31.012 does not reflect the history of that section's provisions before 12/19/99.

As of Register 154 (July 2000), the provisions of 7\n AAC 50 relating to child care facility licensing were relocated by the regulations under AS\n 44.62.125(b)(6) to 4 AAC 62 in accordance with ch. 58, SLA 1999. The regulations attorney made technical edits in 18\n AAC 31.012 to reflect the transfer.

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