18 AAC 31.014. Exemption by application

(a) Upon receiving an application under (b) of this section, the department will exempt a food establishment specified in this subsection from all of the requirements of this chapter, if the department determines that an exemption satisfies the requirements of (c) of this section. However, a food establishment may not seek an exemption from a fee required by 18 AAC 31.050(h) . The following food establishments may seek an exemption under this subsection:

(1) an adult residential care facility, an institution, a labor camp, or a similar facility serving 10 or fewer residents;

(2) a meal program serving 10 or fewer senior citizens;

(3) a food service with 10 or fewer seats that serves 10 or fewer individuals each day.

(b) A person who seeks an exemption described in (a) of this section shall apply to the department, using a form provided by the department. The application must

(1) include the application review fee required by 18 AAC 31.050(h) ; and

(2) describe the establishment's

(A) type, size, layout, and location;

(B) types of meals, preparation methods, and source of food;

(D) potable water supply; and

(E) method of wastewater disposal.

(c) The department will issue an exemption described in (a) of this section, if the department determines that the exemption serves the interests of public health and consumer protection, and if the information provided under (b) of this section indicates that

(1) food is from an approved source;

(2) food will be served immediately after preparation;

(3) equipment supports the type of food and method of preparation and service;

(4) water is from a public water system that the department has approved under 18 AAC 80; and

(5) wastewater is disposed of in a manner approved by the department under 18 AAC 72.

(d) Upon receiving an application under (e) of this section, the department will exempt a business that manufactures ice for onsite retail sale and that is not a food establishment from all the requirements of this chapter, if the department determines that the exemption satisfies the requirements of (f) of this section. However, a business described in this subsection may not seek an exemption from a fee required by 18 AAC 31.050.

(e) A person who seeks an exemption described in (d) of this section shall apply to the department, using a form provided by the department. The application must

(1) include the application review fee required by 18 AAC 31.050(h) ;

(2) include a copy of a label that complies with 18 AAC 31.060(c) ;

(3) describe the

(A) room used to manufacture and bag ice;

(B) equipment used to clean and sanitize scoops and other utensils;

(D) storage facilities for utensils and single-service bags;

(E) potable water supply; and

(F) wastewater disposal system.

(f) The department will issue an exemption described in (d) of this section if the department determines that the exemption serves the interests of public health and consumer protection and if the information provided under (e) of this section demonstrates that

(1) ice manufacturing is separated by space or is closed off from any source of contamination;

(2) a sink with two or more compartments is provided to wash, rinse, and sanitize utensils at least once a day;

(3) adequate toilet and handwashing facilities are provided;

(4) utensils and single-service bags are protected from contamination during storage;

(5) water is from a public water system that the department has approved under 18 AAC 80; and

(6) wastewater is disposed of in a manner approved by the department under 18 AAC 72.

(g) An exemption issued under this section remains valid unless a significant change occurs in any element of the operation described in (b)(2) or (e)(2)-(3) of this section, as applicable, or unless a change in the law occurs that affects the activity exempted. If a significant change occurs in an element of the operation or a change in the law occurs that affects the activity exempted, a new exemption application must be submitted for department review and must include the fee required by 18 AAC 31.050.

(h) An exemption issued under this section does not relieve the operator from complying with other applicable laws, including AS 17.20 (Food, Drug, and Cosmetic Act), AS 18.60.705 (State Plumbing Code), 18 AAC 30, 18 AAC 32, 18 AAC 34, 18 AAC 50, 18 AAC 60, 18 AAC 72, and 18 AAC 80.

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 31.014 was located in 18 AAC 31.010. The history note for 18 AAC 31.014 does not reflect the history of that section's provisions before 12/19/99.

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