18 AAC 31.630. Machines vending potentially hazardous food

(a) In addition to the other applicable requirements of this chapter, a person who offers potentially hazardous food for sale in a vending machine shall meet the requirements of this section.

(b) The operator of an establishment providing machines vending potentially hazardous foods shall ensure that

(1) each machine vending potentially hazardous food is supported by an approved storage and servicing area or is supplied and serviced from an approved commissary;

(2) each machine is designed, constructed, and operated in a way that equals or exceeds NSF's ANSI/NSF International Standard 25 - 2000, Vending Machines for Food and Beverages, or the National Automatic Merchandising Association's (NAMA) Standard for the Sanitary Design and Construction of Food and Beverage Vending Machines, both of which are adopted by reference in 18 AAC 31.011;

(3) water used in each machine is obtained from a source constructed and operated as required by 18 AAC 80;

(4) employees wash their hands immediately before loading the machine or use single-use gloves;

(5) potentially hazardous food is dispensed to the consumer in the individual, original container or package into which it was placed at the commissary;

(6) milk and fluid milk products are dispensed only in individual, original containers;

(7) fluid milk products, and fluid nondairy products such as creaming agents, are not dispensed in a vending machine as an ingredient in hot liquid beverages or other food;

(8) the temperature of potentially hazardous food is kept at 41УИ F or below for cold-held food or 140УИ F or above for hot-held food except during the time required to load or service the machine and no more than 30 minutes after loading or servicing, except as specified in 18 AAC 31.410(k) ; and

(9) a conspicuous label is affixed to the front of each machine with the name, physical address, and phone number of the food establishment permitted under this chapter to operate the vending machine.

(c) A semi-automated espresso machine that uses liquid milk and that, upon activation of a switch or insertion of a coin, dispenses a beverage into a container placed under the dispenser by an employee or a consumer is not considered a vending machine for purposes of this chapter.

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 31.630, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also amended 18 AAC 31.630(b) . Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.

Information about how to review or obtain a copy of a requirement referred to in 18 AAC 31.630 and adopted by reference in 18 AAC 31.011 is set out in the editor's note to 18 AAC 31.011.

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