Title 18 . Environmental Conservation

Chapter 31 . Administrative Enforcement

Section 600. Temporary food service

18 AAC 31.600. Temporary food service

(a) In addition to the other applicable requirements of this chapter, the operator of a temporary food service shall comply with this section.

(b) Food must be prepared at the temporary food service unless the department approves prior preparation at a permitted food establishment or another facility under (c)(5) of this section.

(c) For a temporary food service, depending on the adequacy of facilities, equipment, and utensils for the types and volume of food and methods of preparation and service, and based on information provided by the operator on an application form provided by the department, the department will, as the department determines necessary to serve the interests of public health and consumer protection,

(1) limit the food items to be prepared and sold;

(2) limit preparation steps;

(3) prohibit the sale of potentially hazardous food;

(4) except for the fee required by 18 AAC 31.050, waive a requirement of this chapter if the waiver will not threaten public health and consumer protection;

(5) authorize prior preparation of food at a permitted food establishment or another approved facility if

(A) that establishment or facility has adequate equipment for the type and volume of food and methods of preparation;

(B) a letter of agreement signed by the operator of the establishment or facility

(i) is attached to the temporary food service application;

(ii) specifies the food, and the dates and times the food will be prepared; and

(iii) confirms that the establishment or facility has adequate equipment and utensils for the type and volume of food and methods of preparation; and

(C) food is maintained at temperatures required by 18 AAC 31.230 and protected from contamination during transportation to the temporary food service; and

(6) deny a temporary permit required under 18 AAC 31.020 if the applicant, within the two years before the application date, received

(A) two or more temporary food service inspections noting two or more critical violations; or

(B) a temporary food service permit suspension or establishment closure.

(d) The operator of a temporary food service at an event that lasts four or more days shall, within three calendar years before the event, attend the National Restaurant Association's ServSafe course for employees or a training course that provides equivalent information about food condition and source, food protection, temperature control, display and service, personal cleanliness, employee practices, and equipment and utensil cleaning and sanitizing. Training may be presented as a class with an instructor, a video training course, a home study training course, or a class provided by the department. Video training courses are available for review at the department's Anchorage, Fairbanks, and Juneau offices.

(e) If the department issues an operator the temporary food service permit under 18 AAC 31.020 - 18 AAC 31.030 for an event that lasts four or more days, and that permit is the first that the operator has received for an event of that length, the operator's failure to obtain training timely as required under (d) of this section does not affect the validity of that permit. However, the operator of a temporary food service at an event that lasts four or more days who does not attend the training required under (d) of this section may not obtain an extension of that permit under 18 AAC 31.020(g) , and may not obtain a subsequent temporary food service permit for an event of any length, until the operator obtains the training required under (d) of this section and presents a certificate of successful completion to the department.

(f) In addition to the other requirements of this chapter, including the temperature requirements in 18 AAC 31.230, the operator of a temporary food service shall ensure that

(1) potentially hazardous food is not reused after being cooked or hot-held;

(2) mechanical refrigeration units are provided to keep potentially hazardous food at 41ΓΈ F or below, except as specified in 18 AAC 31.410(k) , and except that

(A) ice cream may be stored on dry ice; and

(B) if approved by the department, at events of one to three days' duration, hamburger patties, precooked meat, raw seafood, and ready-to-eat packaged, potentially hazardous food, such as milk and sandwiches, may be stored in an insulated container using a coolant, such as blue ice or drained ice, to keep the temperature at 41ΓΈ F or below;

(3) cured food products, such as hot dogs, sausage, or pepperoni, that will not support the rapid or progressive growth of infectious or toxigenic microorganisms or slower growth of Clostridium botulinum may be stored in properly insulated containers using a coolant, such as blue ice or drained ice, to keep the temperature at 41ΓΈ F or below;

(4) packaged food is not stored in undrained ice or iced water except for pressurized containers of nonpotentially hazardous beverages if the water or ice

(A) contains at least 10 ppm of available chlorine; and

(B) is changed frequently to keep the water and container clean;

(5) only single-service articles are provided for use by consumers;

(6) a handwashing facility is provided for employees, including

(A) a container with a minimum capacity of two gallons, equipped with a faucet-type spigot, and filled with warm water; if a container is uninsulated, a means to heat water must also be provided;

(B) a container to catch wastewater from handwashing; and

(C) soap and single-service towels;

(7) at least three basins, deep enough for immersion of utensils and equipment, and a means to heat water are provided to wash, rinse, and sanitize utensils and equipment that will be reused or used on a production-line basis; the requirements of this paragraph do not apply for an event of one-day duration if adequate extra utensils are provided;

(8) a supply is provided of potable drinking water that is

(A) from a public water system approved under 18 AAC 80; and

(B) adequate to meet preparation, handwashing, warewashing, and cleaning needs;

(9) if water is from a

(A) Class B public water system, coliform samples are in compliance with 18 AAC 80;

(B) Class C public water system, a water sample for coliform analysis is submitted to a certified laboratory at least 30 days before the event, and that, if a coliform sample is positive,

(i) disinfection treatment is provided as the department determines necessary to serve the interests of public health and consumer protection; and

(ii) after disinfection as required in (i) of this subparagraph, the system is resampled at least once; and

(10) a container used to haul potable drinking water is made of materials approved for that use by the National Sanitation Foundation (NSF), the FDA, or an organization recognized as equivalent by the department, is used for no other purpose, and is protected from contamination during storage.

(g) The operator of a temporary food service shall ensure that wastewater is disposed of into a wastewater disposal system approved under 18 AAC 72, and that holding tanks and direct connections to disposal systems are constructed, maintained, and operated as required in 18 AAC 72. The department will approve a manual hauling system if limited amounts of wastewater are generated and an approved wastewater disposal system is in the vicinity and used by the operator. The operator shall keep wastewater containers covered and label them "For Wastewater Only."

(h) For an event of one to three days' duration, a temporary food service may have a floor consisting of grass, gravel graded to drain, sawdust, or a similar material if dust and mud are controlled. For an event of four to 28 days' duration, concrete, asphalt, tight-fitting wood, or another cleanable material must be used.

(i) The operator of a temporary food service shall ensure that walls and ceilings are constructed to protect the interior of the temporary structure from the elements and to restrict access, are cleanable, and are kept clean.

(j) The operator of a temporary food service shall ensure that public toilets and handwashing facilities are provided at events open to the public for two hours or longer and ensure that

(1) the number of toilets furnished is adequate based on the peak crowd anticipated;

(2) if running water is not practically available,

(A) privies or portable toilets are provided instead of flush toilets; to determine the number of portable toilets that are required, the operator shall use the Sanitarian & Health Official Guide, Portable Restroom Requirements at Special Events & Crowd Gatherings, Determination of Portable Sanitation Requirements at Large Public Events, published by The Center for Business and Industrial Studies, University of Missouri-St. Louis, adopted by reference in 18 AAC 31.011; and

(B) lavatories are supplied for washing hands from an approved storage tank, or from an insulated container with a minimum capacity of two gallons each, equipped with a faucet-type spigot and filled with warm water;

(C) bacteriocidal hand rinses are installed

(i) at each privy or portable toilet; or

(ii) in locations that are conveniently accessible to the public after using the privy or portable toilet and the number is adequate based on the peak crowd anticipated;

(3) privies, if used, are designed and constructed as required in 18 AAC 72 and are located so there is no danger in contaminating groundwater; and

(4) privies and portable toilets, if used,

(A) have cleanable interior surfaces, screened openings for ventilation, self-closing doors, and otherwise prohibit the entrance of insects and rodents; and

(B) are serviced as often as necessary to remove accumulated wastes, are kept clean, and are supplied with toilet paper.

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 17.20.020

AS 17.20.072

AS 17.20.180

AS 17.20.290

AS 18.35.200

AS 18.35.220

AS 44.46.020

Editor's note: The National Restaurant Associations' ServSafe Course may be obtained from the National Restaurant Association, 250 South Wacker Drive, Suite 1400, Chicago IL 60606-5834; phone: (800)765-2122.

Information about how to review or obtain a copy of a requirement referred to in 18 AAC 31.600 and adopted by reference in 18 AAC 31.011 is set out in the editor's note to 18 AAC 31.011.