18 AAC 31.925. Food service establishment recognition program

(a) Under the department's food service establishment recognition program, an operator may apply for a certificate of recognition from the department for a food service establishment. The department will issue a certificate of recognition to a food service establishment if

(1) the operator submits to the department

(A) an application for recognition on a form provided by the department;

(B) a list of individuals working at or employed by the establishment who are qualified food protection managers under 18 AAC 31.920;

(D) a copy of each monthly-self inspection form that the operator has completed when performing monthly self-inspections under (3)(C) of this subsection;

(E) repealed 12/1/2004;

(2) during the 12 months before the date that the department receives the operator's submission under (1) of this subsection,

(A) for each inspection in which a scored form is used, the operator maintains a minimum score of 92 at the establishment with immediate correction of critical violations;

(B) for each inspection in which a non-scored form is used, the operator draws no more than

(i) two critical violations at the establishment with immediate correction of the critical violations; or

(ii) one critical violation at the establishment with immediate correction of the critical violation, and no more than two non-critical items; for purposes of this sub-subparagraph, a "non-critical item" is the need to properly thaw potentially hazardous foods, the need to provide accurate thermometers to measure food temperatures during cooking, cooling, holding and reheating, the need to provide accurate test strips to measure levels of sanitizing solutions, or the need to protect food from contamination during storage, preparation, and service;

(D) the department did not pursue or undertake a compliance action against the establishment; for purposes of this subparagraph, a compliance action includes a modification or suspension of the food establishment permit, a notice of violation under 18 AAC 31.900 - 18 AAC 31.905, a negotiated order, a uniform summons and complaint, or a compliance order under AS 46.03;

(3) currently and on a continual basis, the operator

(A) has at least one employee on each shift who is the person-in-charge at the establishment and who is a qualified food protection manager under 18 AAC 31.920; a new manager has 120 days from the date that the manager begins employment in that capacity to obtain certification;

(B) provides onsite, or through a course offering, and within 30 days of hire, food safety training to each employee; training must include, at a minimum, information about food conditions and source, food protection, temperature control, display and service, personal cleanliness, employee illness, employee practices, and equipment and utensil cleaning and sanitizing;

(C) conducts routine self-inspections at least once a month on a form provided by the department; the completed self-inspection forms must be available for department review upon request;

(D) uses water from a public water system approved by the department under 18 AAC 80; and

(E) disposes of wastewater in a system approved by the department under 18 AAC 72; and

(4) the department determines that recognition serves the interests of public health and consumer protection.

(b) If the department determines that the requirements of (a) of this section are met, the department will

(1) issue to the food service establishment a certificate of recognition and logos for posting at the establishment and for use in advertising or on the menu; and

(2) list the food service establishment

(A) in a monthly department press release of establishments recognized during that month; and

(B) on the internet website of the department.

(c) If a food service establishment with a certificate of recognition under this section fails to maintain standards as required in this section, the department will notify the operator in writing of the actions required to maintain recognition, and will provide the establishment with a schedule to meet the standards. If the establishment fails to complete the actions required to maintain recognition within the scheduled time frame, the department will immediately withdraw the establishment's certificate of recognition.

(d) A certificate of recognition under this section is valid for one year. An operator whose food service establishment has not been recognized under this section or whose recognition has expired or been withdrawn by the department may not use the logo issued under this section or assert or imply that the establishment has a certificate of recognition under this section.

History: Eff. 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/1/2004, Register 172

Authority: AS 17.20.005

AS 17.20.220

AS 44.46.020

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