Title 18 . Environmental Conservation

Chapter 31 . Administrative Enforcement

Section 30. Permit application requirements

18 AAC 31.030. Permit application requirements

(a) At least 30 days before the intended operation, an applicant shall apply for a permit for each type of operation at a food establishment subject to the permit requirements of 18 AAC 31.020, using a form provided by the department. An application for a temporary food service must be submitted at least 30 days before the event begins to ensure that the department will issue the permit before the event. A separate form is not required for each type of operation. The applicant may not begin operating until the department issues a permit for that operation. To continue operating, a permittee must renew a permit each year by December 31 by paying the fee required by 18 AAC 31.050.

(b) Except for a temporary food service subject to (c) of this section, an application submitted under this section

(1) must identify each type of operation within the food establishment;

(2) must be accompanied by the permit fee required by 18 AAC 31.050 for each type of operation;

(3) must include a hazardous analysis critical control point (HACCP) plan, if required by 18 AAC 31.710;

(4) for thermally processed low-acid food, must include a copy of the canning form submitted to FDA and the scheduled process from a recognized processing authority, such as the National Food Processors Association, or from a food science department of an accredited university;

(5) for a new food establishment, or one that is extensively remodeled, must include a copy of the structural plans, the menu, and the volume and method of processing as required by 18 AAC 31.040;

(6) for a food establishment in which the types of food, methods of preparation, or style of service is significantly changed, must include a copy of the structural plans, the menu, and the volume and method of processing applicable to the change;

(7) may include a food label or representative copy of the label, to ensure compliance with 18 AAC 31.060; and

(8) if applicable, must include a statement that required plans have been submitted for department review and approval for

(A) the public water system under 18 AAC 80;

(B) the wastewater disposal system under 18 AAC 72; and

(C) solid waste disposal under 18 AAC 60.

(c) An application for a temporary food service must include

(1) the permit fee required by 18 AAC 31.050;

(2) proposed dates of the event;

(3) a sketch of the booth or other enclosure, indicating

(A) floor, wall, and ceiling finishes; and

(B) location and type of equipment and furnishings;

(4) menu items; and

(5) proposed methods of preparation and service.

(d) In addition to the requirements of (b) of this section, an application for a limited food service, mobile food unit, or kiosk must

(1) describe food items to be prepared and methods of preparation at the limited food service, mobile food unit, or kiosk;

(2) if a commissary is used,

(A) describe food items to be prepared and methods of preparation at the commissary;

(B) describe support services to be provided at the commissary; and

(C) include a letter from the commissary operator that confirms the information provided under (A) and (B) of this paragraph;

(3) indicate compliance with the requirements of the Department of Labor and Workforce Development under AS 18.60.705 (State Plumbing Code) for employee toilets where applicable; and

(4) if the application is for a kiosk located outside of a building, include a copy of a contract or agreement with a potable water hauler and wastewater hauler that indicates the operator will comply with 18 AAC 31.615.

(e) In addition to the requirements of (b) of this section, an application for a caterer must describe the equipment used to protect food from contamination and to maintain product temperature during holding, transportation, and service.

(f) In addition to the requirements of (b) of this section, an application for an operation that will use vending machines that dispense potentially hazardous foods must include the information required at 18 AAC 31.630.

(g) In addition to the requirements of (b) of this section, an application for a machine vending potentially hazardous food must include, for each machine,

(1) the exact location address of the machine; and

(2) identification of the commissary or other approved facility from which the machine will be serviced.

(h) A kitchen in an occupied residential dwelling may not be permitted as a food establishment, except for a kitchen at a

(1) restricted food service transient occupancy establishment; or

(2) a child care facility, if the child care facility has a license from the Department of Education and Early Development as required under AS 14.37 and 4 AAC 62.

(i) In addition to the requirements of (b) of this section, an application for a permit for a mobile retail vendor selling seafood must identify the source of seafood, including the source's name, address and, if applicable, the seafood processing permit number issued by the department under 18 AAC 34.035.

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

Authority: AS 17.20.005

AS 17.20.072

AS 17.20.180

AS 44.46.020

Editor's note: As of Register 154 (July 2000), the provisions of 7 AAC 50 relating to child care facility licensing were relocated by the regulations under AS 44.62.125 (b)(6) to 4 AAC 62 in accordance with ch. 58, SLA 1999. The regulations attorney made technical edits in 18 AAC 31.030 to reflect the transfer.