18 AAC 31.620. Mobile food units

(a) In addition to the other applicable requirements of this chapter, except as otherwise provided in this section, the operator of a mobile food unit must comply with this section.

(b) At a mobile food unit, 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 the application form by the department, the department will, as the department determines necessary to serve the interests of public health and consumer protection,

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

(2) limit preparation steps; and

(3) approve the use of a commissary to support the mobile food unit if

(A) the necessary support services can be provided to the mobile food unit without compromising the commissary's operation; and

(B) the mobile food unit operates within a reasonable distance of the commissary so that it can return daily for servicing as required by (c) of this section.

(1) ensure that the unit is taken at least once each day to the approved commissary for support services such as cleaning the unit, equipment, and utensils; servicing potable water and wastewater tanks; and restocking food and supplies;

(2) provide to the department a letter of agreement between the operator and the commissary that outlines

(A) the days and hours the commissary will be used; and

(B) the extent of support services to be provided at the commissary;

(3) describe the method used to return the mobile food unit to the commissary each day for support services; and

(4) advise the department within 72 hours if use of the commissary is discontinued.

(d) The operator of a self-contained mobile food unit is not required to work out of an approved commissary as described in (c) of this section if the unit has

(1) installed on the unit water and wastewater holding tanks, handwashing, and warewashing facilities, and utility sink; and

(2) adequate storage facilities on the unit for all food, equipment, utensils, including single-service items, and supplies used in the operation.

(e) The operator of a mobile food unit shall

(1) provide only single-service articles to consumers; and

(2) ensure that toilet facilities for employees are available within 200 feet of the unit while it is operating.

(f) In addition to the requirements of (a), (b), (c), and (e) of this section, the operator of a pushcart shall ensure that

(1) sufficient food, utensils, paper products, cleaning supplies, potable water supply, and wastewater holding capacity necessary for operating daily are contained on or within the cart, except that the operator of the pushcart may provide

(A) one additional ice chest; and

(B) one additional barbecue grill;

(2) water tanks installed for handwashing only are at least a five-gallon capacity;

(3) pre-preparation of food, including washing, slicing, peeling, cutting, and assembly, occurs at the approved commissary; and

(4) cooling or reheating of leftovers does not occur.

(g) The operator of a mobile food unit need not provide sanitary facilities as required under 18 AAC 31.500 - 18 AAC 31.525 if

(1) the unit serves only prepackaged food that meets the requirements of this chapter; and

(2) any nonpotentially hazardous beverage is prepared at the approved commissary and dispensed from equipment that protects the beverage from contamination.

(h) The exemption in (g) 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; am 6/28/2001, Register 158

Authority: AS 17.20.005

Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.620, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also added a new subsection to 18 AAC 31.620. 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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