18 AAC 31.020. Permit and registration requirements

(a) Except as provided by 18 AAC 31.014 or 18 AAC 31.070, a person may not operate a food establishment subject to this chapter, unless

(1) the department has approved plans submitted under 18 AAC 31.040;

(2) that person has paid each applicable fee required by 18 AAC 31.050; and

(3) the department has issued a permit under this section for each separate operation.

(b) A permit issued under this section is valid for the calendar year in which the permit is issued. A permit may not be transferred and must be conspicuously posted in public view in the establishment. The operator shall post a copy of this chapter at the food establishment in an area freely and easily accessible by employees for review by employees.

(c) Except as otherwise provided in this section, each separate operation within a food establishment must have a separate permit. Operations that require a separate permit include the following:

(1) a separate food establishment permit is required for a commissary that supports a mobile food unit, limited food service, temporary food service, or vending machine if the commissary is not already permitted as a food establishment;

(2) a separate permit is required for each operation if two or more operations share some facilities, such as warewashing, refrigerator, freezer, or storage areas, but the preparation or processing area and the display or service area of each operation are segregated by distance or time; segregation by time occurs if different operations use the same areas at different times of the day.

(d) A separate food service permit is not required for

(1) a food establishment permitted under this chapter if

(A) customers serve themselves with individual prepackaged foods that may be heated; and

(B) single-service tableware and condiments are provided;

(2) service of food at an auxiliary site, such as a banquet room, snack room at a labor camp, additional service area, or pushcart, if

(A) the auxiliary site

(i) is located on the same premises as the permitted food service; and

(ii) has the same operator as the permitted food service; and

(B) food preparation occurs at the permitted food service;

(3) a food demonstration station at a market if

(A) the market has a permitted food service within the market; and

(B) all preparation occurs at the permitted food service, except for final cooking or portioning at the station;

(4) a mobile food unit permitted under this chapter and operating as a temporary food service;

(5) operation by a food service as a caterer outside the establishment, if the food service is permitted under this chapter for a different operation;

(6) a bar or tavern serving beverages that also prepares or serves

(A) food that requires minimal handling, such as

(i) raw vegetables and baked potatoes; or

(ii) soup, chili, or sandwiches made from commercially prepared, prepackaged ingredients;

(B) steaks that are cooked by the customer;

(D) deep-fried food; or

(E) poultry, fish, and meat other than the steaks described in (B) of this paragraph.

(e) A separate food processing permit is not required for

(1) a food service establishment permitted under this chapter that is also manufacturing ice for use within the establishment or for onsite retail sale;

(2) a seafood processor permitted under 18 AAC 34; this exception also applies to a seafood processor permitted under 18 AAC 34 that, in addition to processing seafood, processes non-seafood products at the permitted facility using the same types of processes for the non-seafood products as are permitted under 18 AAC 34 for the seafood products; however, the seafood processor must comply with other applicable provisions of this chapter for the non-seafood products; or

(3) a food service or market that also

(A) acidifies, cures, dehydrates, or thermal processes low-acid food; or

(B) reduced oxygen packages under 18 AAC 31.760(c) .

(f) A permit for a temporary food service, limited food service, kiosk, or mobile food unit is valid only for service of the food approved for that operation at the time of application.

(g) A temporary food service permit is valid for no more than 28 consecutive days. The department will grant an extension of up to seven days upon application and payment of an additional permit fee, if the department determines that an extension serves the interests of public health and consumer protection, and if

(1) the department determines after inspection that the establishment is in compliance with this chapter; or

(2) the operator receives approval from the department to self-inspect and conducts a self-inspection of the establishment which confirms compliance with this chapter, using a form provided by the department.

(h) If the department determines that an inspection serves the best interest of public health and consumer protection, the department will conduct an inspection under (g)(1) of this section or require a self-inspection under (g)(2) of this section, subject to the availability of appropriations from the legislature and the staffing needs of other projects.

(i) A limited amount of processing, such as produce trimming, slicing of processed meat and cheese, and providing retail customer self-service, such as for juice squeezing or peanut grinding, is allowed at a grocery or supermarket without obtaining an additional permit.

(j) A separate market permit is not required for a sales counter or other display area of less than 100 square feet that is used for the retail sale of products processed within that plant and is located within a meat processing plant under mandatory or voluntary USDA inspection or a seafood processing plant permitted under 18 AAC 34.

(k) A person who processes meat under mandatory or voluntary USDA inspection shall

(1) register with the department annually using a form provided by the department; and

(2) pay an annual registration as required by 18 AAC 31.050.

( l ) The operator of a food establishment shall contact the department and obtain written authorization before making any significant change to the types of food, methods of preparation, or style of service at a limited food service, kiosk, or mobile food unit.

(m) The department will issue more than one permit for an operation within one calendar year, if the department determines that doing so serves the interests of public health and consumer protection and if there is a change in operator.

(n) The department will issue a conditional permit under this section, if the department determines that a conditional permit serves the interests of public health and consumer protection, and if

(1) for a new or renovated food establishment, the initial inspection or plan review indicates

(A) the establishment is not in compliance with this chapter;

(B) a critical violation or imminent health hazard does not exist; and

(2) for an existing facility, a letter of agreement, negotiated order, compliance order, uniform summons and complaint, or other enforcement and compliance action has been issued by the department and signed by the owner or operator of the food establishment for one or more violations of 18 AAC 30, 18 AAC 31, 18 AAC 32, 18 AAC 34, 18 AAC 72, or 18 AAC 80;

(3) drinking water or wastewater disposal plans have been submitted for department review as required by 18 AAC 31.030, but have not been reviewed due to insufficient appropriations from the legislature or the staffing needs of other projects; or

(4) due to hardship, the owner or operator of an existing food establishment makes a written request to the department to establish a fee payment schedule for fees incurred under 18 AAC 31.050 not to exceed six months; a request submitted under this paragraph must include

(A) the reason for the request; and

(B) the proposed fee payment schedule.

(o) In a conditional permit issued under (n) of this section, the department will specify

(1) violations and the date set under 18 AAC 31.900 by which the violations must be corrected; or

(2) fee payment schedule agreed upon under (n)(4) of this section.

History: Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 12/23/99, Register 152; am 12/31/2000, Register 156; am 6/28/2001, Register 158

Authority: AS 17.20.005

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