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(a) Except for a food establishment described in (e) of this section, the operator of a food establishment shall
(1) provide an adequate supply of potable water from a source constructed and operated as required by 18 AAC 80;
(2) ensure that potable water that is not piped to the food establishment is transported, delivered, and stored as required by 18 AAC 80; and
(3) ensure that steam used in contact with food or food-contact surfaces is free from harmful substances and is from a potable water source.
(b) The operator of a mobile food unit or kiosk shall ensure that potable water tanks, plumbing, and hoses that come in contact with potable water on the unit
(1) consist of materials approved for that use by the National Sanitation Foundation (NSF), FDA, or an organization recognized as equivalent by the department;
(2) are used for no purpose except to hold, carry, or dispense potable water; and
(3) are protected from contamination during storage.
(c) The operator of a mobile food or kiosk unit shall ensure that
(1) the potable water inlet of the mobile food unit is capped and cannot be contaminated by waste discharge, road dust, oil, or grease; and
(2) potable water tanks supply a sufficient amount of water between refilling and hold at least one day's supply.
(d) The operator of a mobile food unit or kiosk, except a pushcart, shall
(1) take the following actions at least annually and before seasonal startup:
(A) superchlorinate each potable water tank for at least two hours with 50 ppm chlorine solution;
(B) drain, thoroughly rinse, and refill the tank; and
(C) submit water samples to a certified laboratory for coliform analysis
(i) before initial startup and before seasonal startup; and
(ii) every three months during operation; and
(2) take the following actions if notified that a water sample exceeds the maximum contaminant level for coliform bacteria as set out in 18 AAC 80.300(b) (5):
(A) immediately superchlorinate the tank as described in (1)(A) and (B) of this subsection; and
(B) submit another water sample to a certified laboratory for coliform analysis within 24 hours after superchlorination.
(e) The operator of a food establishment placed under a boil water notice under 18 AAC 80, other than a mobile food or kiosk unit subject to (c) or (d) of this section, shall take the applicable actions listed in Table E of this subsection as directed by the department.
TABLE E REQUIREMENTS FOR OPERATING UNDER A BOIL WATER NOTICE Total Coliform Fecal Coliform Exceedance Exceedance Water supply Use boiled water or an alternate potable water supply Use boiled water or an alternate potable water supply Food, drink, ice Use food, drink, and ice prepared prior to notice Destroy food, drink, and ice prepared prior to notice. Limit menu and type of food preparation depending on volume available from alternate potable water supply Water use equipment Disconnect equipment. Clean and sanitize before reuse Disconnect equipment. Clean and sanitize before reuse Wiping cloths Rinse in 100 ppm chlorine solution Rinse in 100 ppm chlorine solution Tableware Continue to use Use single-service Other utensil washing Use automatic warewasher or add sanitizer to all sinks Use automatic warewasher or add sanitizer to all sinks Handwashing stations Use existing handwash sinks Set up temporary handwash sinks using alternate water source
(f) The requirements of this section do not apply to a
(1) temporary food service subject to 18 AAC 31.600;
(2) limited food service that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.610(c) ;
(3) mobile food unit that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.620(g) ;
(4) mobile retail food vendor that sells only prepackaged food and that meets the requirements of 18 AAC 31.625(1) ; or
(5) kiosk that sells only prepackaged food and that meets the requirements of 18 AAC 31.615(c) .
(g) An exemption in (f) of this section does not relieve an operator from complying with requirements of the Department of Labor and Workforce Development.
History: Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152
Authority: AS 17.20.005
Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.500, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also amended 18 AAC 31.500(b) - (f) and added a new subsection (g). Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.
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Last modified 7/05/2006