Title 18 . Environmental Conservation

Chapter 31 . Administrative Enforcement

Section 990. Definitions

18 AAC 31.990. Definitions

Unless the context indicates otherwise, in this chapter

(1) "acid food" means a food that has a natural pH of 4.6 or below;

(2) "acidified food"

(A) means a low-acid food to which acid or acid food is added; low-acid foods that are frequently acidified include beans, cucumbers, cabbage, artichokes, cauliflower, peppers, tropical fruits, and puddings, singly or in combination; some of these foods may be called "pickles" or "pickled __________ [ insert name of food ]"; and

(B) does not include

(i) carbonated beverages;

(ii) jams, jellies, or preserves;

(iii) acid food such as food dressings and condiment sauces that contain small amounts of a low-acid food and have a resultant finished equilibrium pH that does not differ from the predominant acid or acid food; and

(iv) foods that are stored, distributed, and displayed under refrigeration;

(3) "adequate" means that which is necessary to accomplish the intended purpose, in keeping with good public health practices, while complying with this chapter;

(4) "adulterated" has the meaning given in AS 17.20.020 and AS 17.20.030 ;

(5) "approved" means acceptable to the department or its authorized agent, based upon conformance with applicable local, state, and federal standards and good public health practices;

(6) "approved facility" means a place other than a commissary or residence that is acceptable to the department for a specific activity in support of a temporary food service, a limited food service, or a mobile food unit;

(7) "approved source" means a food establishment or facility that is permitted or certified by the local, state, or federal agency with jurisdiction;

(8) repealed 12/19/99;

(9) "bottled water" means water that is sealed in bottles or other containers and intended for human consumption;

(10) "bulk food" means processed or unprocessed nonpotentially hazardous food displayed in containers from which consumers withdraw desired amounts;

(11) "caterer" means

(A) a person who uses a specified and permitted food service to prepare food for service and consumption at another public or private event; or

(B) a permitted food service that, in addition to preparing food for service and consumption at the food service, also prepares food for service and consumption at another public or private event;

(12) "certified laboratory" means a laboratory certified under 18 AAC 80.1100 - 18 AAC 80.1110;

(13) "cold-hold" and "cold-holding" means to maintain the temperature of a potentially hazardous food at 41ΓΈ F or below while that food is being held during transportation, storage, preparation, processing, display, and service, except as specified in 18 AAC 31.410(k) ;

(14) "commissary" means a food establishment where support services are provided to one or more vending machines, mobile food units, limited food services, or temporary food services; these support services may include

(A) food preparation, handling, packaging, or storage;

(B) storage of utensils, including single-service items, or supplies;

(C) washing, rinsing, and sanitizing of equipment and utensils;

(D) storage of a mobile food unit when the unit is not in use; and

(E) cleaning of a mobile food unit;

(15) "contamination" means contact with dust, insects, rodents, or other pests, unsanitary equipment or utensils, coughing, sneezing, spitting, unnecessary handling, flooding, draining, leakage from overhead, condensation, poisonous or toxic materials, or any substance, organism, or entity that might threaten public health;

(16) "convenience store" means a small market selling predominantly prepackaged ready-to-eat food in individual portions; "convenience store" may include self-service beverage dispensers such as coffee, hot chocolate, or carbonated beverages;

(17) "corrosion resistant" means that quality of a material that allows the material to keep its original surface characteristic under prolonged contact with food, normal use of cleaning compounds and sanitizing solutions, and other conditions of use;

(18) "critical control point" means a point, step, or procedure in a food processing establishment at which control can be applied, and a food safety hazard can, as a result, be prevented, eliminated, or reduced to acceptable levels;

(19) "critical violation" means

(A) food from an unapproved source;

(B) food unfit for human consumption;

(C) potentially hazardous food that is not kept at required temperatures during storage, preparation, processing, display, service, and transportation;

(D) insufficient facilities and equipment to maintain product temperatures;

(E) re-service of potentially hazardous food or unwrapped food that has previously been served or sold to a consumer;

(F) a person working as a food handler who has a disease communicable by food;

(G) a person working in a food establishment who is not practicing strict standards of cleanliness and personal hygiene, and the results of which might be a disease communicable by food;

(H) food-contact surfaces of equipment or utensils that are not washed, rinsed, and sanitized effectively and that might contaminate food;

(I) a water supply that is not from an approved source, that does not provide hot and cold running water under pressure as required by this chapter, or that has a cross-connection with a nonpotable supply or a back siphonage potential;

(J) sewage or liquid waste not disposed of in an approved manner;

(K) toilets and handwashing facilities not installed or inaccessible;

(L) insects, rodents, or other animals that are on the premises, except as allowed by 18 AAC 31.575(8) ;

(M) poisonous or toxic material that is improperly labeled, stored, or used;

(N) a violation of a critical control point in a HACCP plan described under 18 AAC 31.710; or

(O) a foodborne illness associated with operation of the food establishment;

(20) "cross-contamination" means the process by which a disease-causing organism or other contaminant is transferred from raw or other food to equipment or ready-to-eat food;

(21) "cure" or "curing" means to preserve by means of salting, smoking, or aging;

(22) "custom processing" means the processing of a customer's sport-caught fish or game meat for the consumption of that customer, and which will not be subsequently sold or distributed in commerce for human consumption;

(23) "department" means the Alaska Department of Environmental Conservation;

(24) "director" means the director of the division of environmental health in the department;

(25) "disease communicable by food" means a physical condition that can be transmitted from one person to another, including amebiasis, cholera, colds, diarrhea, hepatitis A, hepatitis type unspecified, influenza, salmonellosis, shigellosis, staphylococcal skin infections, streptococcal infections, and vomiting;

(26) "distressed food commodities" means food that has been subjected to possible damage from an accident, fire, flood, adverse weather, or similar cause;

(27) "dormitory" means a room with more than two beds;

(28) "durable" means capable of withstanding expected use and remaining easily cleanable;

(29) "easily cleanable" means readily accessible, with materials and finish fabricated to allow complete removal of residue by normal cleaning methods;

(30) "embargo" means an order issued by the department that restricts service, use, or movement of food until laboratory tests or further examination confirms the food is free from spoilage, filth, or other contamination;

(31) "employee" means a person working in a food establishment, including the operator, the manager, and the owner;

(32) "equipment" means stoves, ovens, hoods, slicers, grinders, mixers, meatblocks, tables, counters, shelving, ice machines, refrigerators, microwave ovens, sinks, warewashing machines, steam tables, and other items, used in a food establishment, but does not include utensils;

(33) "event" means an organized occurrence that is promoted for a special purpose, has a definite time limit, and generally includes other activities besides food sales;

(34) "extensively remodeled" means a modification or improvement that entails an expense equal to or exceeding 25 percent of the taxable value of the food establishment before the modification or improvement;

(35) "FDA" means the United States Food and Drug Administration;

(36) "farmers' market" means a seasonal market operated under the sponsorship of a community organization, the main purpose of which is to provide an opportunity for producers to sell agricultural products directly to consumers;

(37) "food" means a liquid or solid substance consumed by humans, including water or another beverage, a confection, condiment, food ingredient, food additive, or ice, or a substance that enters into the composition of these things, whether simple, blended, mixed, or compounded;

(38) "food bank" has the meaning given in AS 17.20.347 ;

(39) "foodborne illness" means an illness associated with consuming food;

(40) "foodborne outbreak" means an incident in which

(A) two or more persons experience a similar illness after consuming a common food or food served at a common food establishment or event;

(B) one or more persons experience illness from botulism or chemical poisoning; or

(C) an epidemiological analysis indicates that a food or an employee is the source of an illness;

(41) "food-contact surface" means the surface of equipment and utensils with which food normally comes in contact, or from which drippage, drainage, or splashback onto a surface that contacts food might occur;

(42) "food demonstration" means to serve without charge samples of food to publicize, advertise, or promote the sale of that food or associated food preparation equipment;

(43) "food establishment" means the premises where any activity occurs that is related to the preparation, processing, packaging, storage, transportation, display, sale, service, or salvaging of food for human consumption; "food establishment" includes various types of operations, singly or in combination, within the categories of food service, food processing establishment, and market; "food establishment" does not include a private dwelling, including a vessel used solely as a private dwelling, where food is prepared for consumption by family members or nonpaying guests;

(44) "food processing establishment" means a food establishment

(A) where food intended for human consumption is processed for distribution to a food service, market, or another consumer outlet; "food processing establishment" includes the following types of operations:

(i) acidifying, curing, or dehydrating of food, thermal processing of low-acid food, and reduced oxygen packaging;

(ii) bakeries, except retail bakeries;

(iii) bottling water or other beverages;

(iv) ice manufacturing;

(v) jam, jelly, syrup, or confection manufacturing; and

(vi) other food processing; and

(B) where acidifying, curing, dehydrating, or reduced oxygen packaging of food, or thermal processing of low-acid food occurs for sale or use in that establishment;

(45) "food salvager" means a type of market where distressed food commodities are reconditioned so they comply with this chapter; "food salvager" includes repackaging, relabeling, inspecting food and packaging for wholesomeness, cleaning, or restoring the integrity of the packaging if food contents have not been altered or adulterated;

(46) "food service" means a food establishment where food intended for service to individuals for consumption is prepared and provided, or simply provided ready-to-eat, whether consumption is on or off the premises, with or without charge; "food service" includes the following types of operations:

(A) restaurants;

(B) beverage dispensaries such as bars or taverns;

(C) delicatessens, takeouts, and drive-ins;

(D) clubs and organizations;

(E) institutions;

(F) kitchens of churches or other religious organizations if conducting activities not exempted from this chapter under 18 AAC 31.012;

(G) day care and residential care facilities;

(H) schools;

(I) labor camps;

(J) vessel galleys;

(K) caterers;

(L) limited food service;

(M) temporary food service;

(N) mobile food units; and

(O) other food service;

(47) "game meat" means the flesh and organs of animals that are not classified as "meat" in 9 C.F.R. 301.2, as adopted by reference in 18 AAC 31.011, or "poultry" in 9 C.F.R. 381.1(b), as adopted by reference in 18 AAC 31.011; "game meat" includes

(A) warm-blooded animals, including seals, whales, caribou, moose, bears, squirrels, musk oxen, and rabbits;

(B) cold-blooded animals, including snakes, lizards, turtles, crocodiles, and alligators;

(C) exotic animals, including reindeer, elk, deer, antelope, water buffalo, and bison; and

(D) game birds, including pheasant, grouse, quail, squab, migratory water fowl, emu, rhea, and ostrich;

(48) "glacier" means a large body of ice moving slowly down a slope or valley or spreading outward on a land surface; "glacier" does not include a snow field or a frozen or ice-covered stream, river, lake, spring, or other waterbody;

(49) "grocery" means a type of market where a variety of food commodities, including dry, refrigerated, and frozen items, are offered for retail sale to consumers and intended for off-premises consumption; a limited amount of processing may occur at a grocery including produce trimming, processed meat slicing, cheese slicing, and providing retail customer self-service to change the form of a food such as juice squeezing or peanut grinding;

(50) "guesthouse" means a separate housing unit used in conjunction with a bed and breakfast homestay;

(51) "guestroom" means a room used or intended to be used by a guest for sleeping purposes; every 100 square feet of floor area in a dormitory is considered a guestroom;

(52) "hazard" means a biological, chemical, or physical property that might make food unsafe for human consumption;

(53) "herb vinegar" means commercial vinegar to which a small amount of one or more herbs has been added, with a resultant pH not significantly different from the vinegar to which the herb was added;

(54) "hermetically sealed" means a container that is secure against the entry of microorganisms to maintain the commercial sterility of its contents after thermal processing;

(55) "hot-hold" or "hot-holding" means to maintain the temperature of potentially hazardous food at 140ΓΈ F or above while the food is being held, whether during transportation, storage, preparation, processing, display, or service, except that for rare beef, "hot-hold" or "hot-holding" means to maintain the temperature at 130ΓΈ F or above;

(56) "ice" means the product that results from freezing water by natural, chemical or mechanical means;

(57) "imminent health hazard" means a condition such as the extended loss of a potable water supply, an extended power outage, a sewage backup into a food establishment or onto the grounds of a food establishment, a natural disaster, one or more employees sick with a disease communicable by food, a major insect or rodent problem, a foodborne outbreak, or any other condition with the potential to adversely affect public health;

(58) "injected" means to tenderize meat through deep penetration, including needling, pinning, stitch pumping, or otherwise injecting the meat with juice or some other substance;

(59) "institution" means a place of confinement such as a correctional facility;

(60) "kitchenware" means multi-use utensils, other than tableware, used to prepare, serve, transport, or store food;

(61) "limited food service" means a type of food service operation restricted to service of specific food because of the food establishment's size, equipment size and type, or type of sanitary facilities and controls provided; "limited food service" includes most concession stands, permanently installed espresso carts, kiosks, limited food service operations at bars, and machines vending potentially hazardous food;

(62) "liquid heat" means a product used to maintain potentially hazardous food at required hot-holding temperatures during display or service and includes commercial products, such as Sterno;

(63) "lot" means a collection of primary containers of the same size, type, and style produced under conditions as nearly uniform as possible and usually designated by a common code or marking, or a day's production;

(64) "low-acid food" means food, other than alcoholic beverages, with a finished equilibrium pH greater than 4.6 and a water activity greater than 0.85;

(65) "market" means a food establishment where food commodities are offered for retail sale to consumers and intended for off-premises consumption, distributed to the needy by nonprofit organizations, or stored prior to sale or distribution; "market" includes the following types of operations:

(A) convenience stores;

(B) grocery stores;

(C) grocery portion of supermarkets;

(D) retail bakeries;

(E) retail meat markets;

(F) retail seafood markets;

(G) mobile retail vendors;

(H) warehouses;

(I) food banks;

(J) food salvagers; and

(K) other markets;

(66) "mobile food unit" means a type of food service located in a vehicle, trailer, or cart that is capable of easily moving daily for servicing of water and wastewater holding tanks, that operates out of an approved commissary (unless it is a self-contained mobile food unit), and that has a menu that is usually restricted to service of specific food; a mobile food unit, other than a pushcart, must be capable of being licensed by the state as a motor vehicle and must be capable of moving without special conditions, such as a pilot car, flagging, restricted hours of movement, or a state motor vehicle permit; except for one ice chest and one barbecue grill placed immediately adjacent to a pushcart, a unit is not considered as a "mobile food unit" if it does not completely retain its mobility or is connected to water or sewer;

(67) "mobile retail vendor" means a type of market operated out of a vehicle or trailer, licensed by the state as a motor vehicle, from which packaged retail food items or whole or packaged seafood are sold;

(68) "operator" means the owner, manager, or supervisor of one or more types of operation in a food establishment, or a person performing the duties of the owner, manager, or supervisor;

(69) "operation" means the premises, practices, and procedures associated with a specific type of activity within a food service, market, or food processing establishment;

(70) "packaged" means bottled, canned, cartoned, or tightly wrapped;

(71) "permit" means an authorization issued by the department;

(72) "pest" means an insect, bird, rodent, or animal that can be detrimental to humans or that can create a nuisance, including dogs, cats, and bears;

(73) "plants" means wild, edible, nontoxic berries, roots, or leaves of plants that have cultural significance to people, including Eskimo potato, Labrador tea, and low bush cranberry;

(74) "poisonous or toxic material" means an insecticide, rodenticide, pesticide, detergent, sanitizer, or other substance that might cause illness or death if contacted or ingested;

(75) "potentially hazardous food" means a food or food ingredient, natural or synthetic, in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms or the slower growth of Clostridium botulinum ; "potentially hazardous food"

(A) includes

(i) a food of animal origin, both raw or heat treated;

(ii) a food of plant origin that is heat treated;

(iii) raw seed sprouts;

(iv) cut melons;

(v) shell eggs; and

(vi) garlic-in-oil mixtures; and

(B) does not include

(i) food with a pH level of 4.6 or below when measured at 75ΓΈ F, or a water activity value of 0.85 or less;

(ii) food that is thermally processed under 18 AAC 31.720 and that remains in an unopened hermetically sealed container;

(iii) food for which evidence from a qualified laboratory demonstrates that rapid and progressive growth of infectious or toxigenic microorganisms or the slower growth of Clostridium botulinum cannot occur; or

(iv) hard-boiled eggs with shell intact that have been air-cooled;

(76) "premises" means a place or location used in conjunction with the activities of a food establishment, including all or portions of land, docks, structures, vessels, vehicles, mobile food units, equipment, utensils, food, supplies, water supply, wastewater system, and plumbing;

(77) "preparation" means to thaw, marinate, cook, heat, reheat, smoke as part of the cooking process, cool, freeze, construct, assemble, combine, cut, slice, divide, mix, portion, or package food for consumption as ready-to-eat food;

(78) "processing" means to

(A) thaw, butcher, cut, slice, portion, grind, extract, cook, bake, cool, freeze, or package

(i) raw food for retail sale to consumers; or

(ii) raw or ready-to-eat food for distribution to a food service, market, or another consumer outlet; and

(B) acidify, cure, dehydrate, thermally process low-acid food, or reduce oxygen package;

(79) "product thermometer" means a quick-registering, metal-stem, numerically scaled thermometer, digital thermometer, thermocouple, thermistor, or other device that, when the sensor is inserted into food or other substances, indicates the temperature accurate to /+ 2ΓΈ F;

(80) "pushcart" means a wheeled, nonmotorized mobile food unit, manually movable by one or two persons, capable of easily moving daily, operating out of an approved commissary, and containing on or within the cart sufficient food, utensils, paper products, cleaning supplies, potable water supply, and wastewater holding capacity necessary for operating daily, except that a pushcart may use one additional ice chest and one additional barbecue grill placed immediately adjacent to the pushcart;

(81) "qualified laboratory" means a laboratory that uses the procedures in the Standard Methods for the Examination of Water and Wastewater to analyze physical, chemical, or microbial constituents of food; the Standard Methods for the Examination of Water and Wastewater is adopted by reference in 18 AAC 31.011;

(82) "ready-to-eat" means food that is in a form that is edible without washing, cooking, or additional preparation and that is reasonably expected to be consumed in that form;

(83) "recognized processing authority" means a qualified person with expert knowledge acquired through appropriate training and experience in the specific process that person is evaluating, including acidification, thermal processing, or atmosphere packaging;

(84) "reconstituted" means dehydrated food combined with potable water or another liquid;

(85) "reduced oxygen packaging" means the reduction of the amount of oxygen in a package by mechanically evacuating the oxygen, displacing the oxygen with another gas or combination of gases, or otherwise controlling the oxygen content in a package to a level below that normally found in the surrounding atmosphere, which is 21 percent; "reduced oxygen packaging" includes methods that might be referred to as altered atmosphere, modified atmosphere, controlled atmosphere, low oxygen, and vacuum packaging, including sous vide ; for purposes of this paragraph, "sous vide" means a specialized process of reduced oxygen packaging for partially-cooked ingredients that require refrigeration or frozen storage until the package is thoroughly heated immediately before service;

(86) "restructured" means potentially hazardous food that is processed and formed in a manner that might cause surface contaminants to become incorporated inside the final product;

(87) "retail bakery" means a type of market where baked food items, such as breads, cookies, rolls, muffins, pies, and cakes, are processed for onsite retail sale to consumers;

(88) "retail meat market" means a type of market where limited processing of meat for onsite retail sale to consumers occurs, including cutting and trimming carcasses, halves, quarters, or wholesale cuts into retail cuts, such as steaks, chops, and roasts; grinding; thawing; freezing; portioning; and packaging;

(89) "retail seafood market" means a type of market where raw or ready-to-eat seafood products are displayed for onsite retail sale to consumers; "retail seafood market" includes limited processing, such as cutting whole fish into retail cuts; preparing retail products from raw or precooked ingredients; and breaking bulk shipments and repackaging seafood products, except for repackaging shellfish subject to 18 AAC 34;

(90) "refrigeration" means a mechanical means to maintain product temperatures at 41ΓΈ F or below, except as specified in 18 AAC 31.410(k) ;

(91) "safe" means nontoxic and free of substances that might make food injurious to health or adversely affect the flavor, color, or microbial quality of food;

(92) "sanitization" or "sanitized" means the application of heat or a chemical to yield a reduction of five logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance;

(93) "scheduled process" means the process selected by the operator of a food processing establishment as adequate under the conditions of manufacture for a given product to achieve commercial sterility, and which is at least equal to the process established by a recognized processing authority to achieve commercial sterility;

(94) "seafood" means any species of aquatic organism, including salt water fish, freshwater fish, amphibians, crustaceans, mollusks, and aquatic plants; "seafood" includes any part or byproduct of any species of aquatic organism;

(95) "sealed" means free from cracks or other openings that might allow entry or passage of moisture, grease, or other liquid;

(96) "shellfish" means edible species of oyster, clam, mussel, and scallop, whether shucked, in the shell, fresh, frozen in whole or in part; "shellfish" does not include the shucked scallop abductor muscle;

(97) "shellstock" means shellfish that remain in the shell;

(98) "single-service" means items that are provided to the consumer and designed to be used by one person and then discarded, such as disposable cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, placemats, and toothpicks;

(99) "single-use" means utensils and food containers that are used by employees in a food establishment and that are designed and constructed to be used once and then discarded; "single-use" utensils and containers include wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, milk bottles, and juice containers;

(100) "snack" means food served between meals consisting of prepackaged nonpotentially hazardous food that requires minimal handling or fruits and vegetables that require only washing or peeling;

(101) "sulfiting agent" means a chemical that contains sulfur and that is used to treat food to increase shelf life and enhance appearance; "sulfiting agent" includes sulfur dioxide, sodium sulfite, sodium bisulfite, potassium bisulfite, sodium metabisulfite, and potassium metabisulfite;

(102) "supermarket" means a food establishment that contains a grocery and that also contains two or more other types of operations that are subject to the permit and fee requirements of this chapter;

(103) "sushi" means an assembled food product, usually containing rice wrapped in seaweed, that may or may not contain raw seafood;

(104) "tableware" means multi-use eating and drinking utensils;

(105) "temporary food service" means a type of food service that is kept at one location for no more than 21 consecutive days in conjunction with a single event, or for no more than 28 consecutive days if an extension is granted by the department;

(106) "thermal processing" means the application of heat to render food free of microorganisms that are capable of reproducing in the food under normal nonrefrigerated conditions of storage or distribution;

(107) "traditional wild game meat" means game meat that is from wild animals commonly found in and consumed by people in this state; "traditional wild game meat" includes reindeer, caribou, moose, whale, beaver, muskrat, hare, squirrel, duck, and geese;

(108) "USDA" means the United States Department of Agriculture;

(109) "utensil" means an implement used to eat, drink, serve, prepare, transport, or store food;

(110) "vending machine" means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, dispenses a unit serving of food, whether in a package or into a container, without the necessity of replenishing the device between each vending operation; "vending machine" does not include a semi-automated espresso machine described in 18 AAC 31.630(c) ;

(111) "warehouse" means a type of market used exclusively to store food commodities before distribution;

(112) "water activity" means the measure of unbound, free water in a food available to support biological and chemical reactions and is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature;

(113) "wholesome" means in sound condition and free from spoilage, filth, and microbial or chemical contamination;

(114) "Class A public water system" has the meaning given in AS 18 AAC 80.1990;

(115) "Class B public water system" has the meaning given in AS 18 AAC 80.1990;

(116) "Class C public water system" has the meaning given in 18 AAC 80.1990;

(117) "continental breakfast" means a morning meal consisting of ready-to-eat packaged products from approved sources such as pastries, cold cereals, dairy products, juices, coffees and teas, and cut fruit;

(118) "dwelling" means a building or portion of a building that contains living facilities, including provisions for sleeping, eating, cooking, and sanitation;

(119) "HACCP plan" means a written document that delineates the formal procedures for following the Hazard Analysis and Critical Control Point Principles and Application Guidelines, by the National Advisory Committee on Microbiological Criteria for Foods; the Hazard Analysis and Critical Control Point Principles and Application Guidelines are adopted by reference in 18 AAC 31.011;

(120) "kiosk" means a semi-permanent structure that is constructed on a nonpermanent foundation;

(121) "ml" means milliliters;

(122) "person-in-charge" means the individual present at a food establishment who is responsible for the operation of that establishment at the time of a department inspection;

(123) "ppm" means parts per million;

(124) "public open house" means a business or organization that opens its doors to the general public as part of a special event at which food is served;

(125) "public water system" has the meaning given in 18 AAC 80.1990;

(126) "restricted food service transient occupancy establishment" means a business establishment with 12 guestrooms or less that

(A) provides, for compensation, overnight transient occupancy accommodations for no more than 24 individuals; and

(B) serves to its guests only a continental breakfast or a breakfast that is cooked and immediately served, the cost of which is included in the charge for the accommodations;

(127) repealed 6/28/2001;

(128) "highly susceptible population" means a group of persons who are more likely than other populations to experience foodborne disease because they are

(A) immunocompromised or older adults and in a facility that provides health care or assisted living services; or

(B) preschool age children in a facility that provides custodial care;

(129) "juice" means the aqueous liquid expressed or extracted from one or more fruits or vegetables, a puree of the edible portions of one or more fruits or vegetables, or a concentrate of that liquid or puree;

(130) "meat" has the meaning set out in 9 C.F.R. 301.2, as adopted by reference in 18 AAC 31.011;

(131) "normal retail quantity" means the quantity that is provided for retail sale to a household consumer at any one time, and that does not, in the aggregate, exceed one-half carcass of meat or large game meat animals, or seventy five pounds of poultry or game meat birds;

(132) "poultry" has the meaning set out in 9 C.F.R. 381.1(b), adopted by reference in 18 AAC 31.011;

(133) "prepackaged" means packaged by a food salvager permitted by the department or a manufacturer or food processor permitted or certified by the national, federal, state, or local government or agency with jurisdiction, whether in the United States or another country;

(134) "spp." means species;

(135) "USDA" means the United States Department of Agriculture;

(136) "unpasteurized juice" means juice that has not been specifically processed to prevent, reduce, or eliminate the presence of pathogens, either through heat pasteurization or in another manner allowed under 21 C.F.R. 101.17(g)(7), adopted by reference in 18 AAC 31.011; "unpasteurized juice" includes a beverage containing juice if the juice ingredient or the beverage has not been processed as described in this paragraph.

History: Eff. 5/18/97, Register 142; am 5/23/98, Register 146; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158

Authority: AS 03.05.011

AS 17.05.050

AS 17.20.005

AS 17.20.010

AS 17.20.020

AS 17.20.040

AS 17.20.070

AS 17.20.072

AS 17.20.180

AS 17.20.190

AS 17.20.200

AS 17.20.220

AS 17.20.230

AS 17.20.270

AS 17.20.290

AS 17.20.300

AS 17.20.340

AS 17.20.346

AS 18.35.100

AS 18.35.120

AS 18.35.200

AS 18.35.220

AS 18.35.300

AS 44.46.020

AS 44.46.025

Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.990, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also repealed 18 AAC 31.990(8), amended 18 AAC 31.990(12) , (46)(F), (61), and (81) and added new paragraphs (114)-(127). 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 31.990 and adopted by reference in 18 AAC 31.011 is set out in the editor's note to 18 AAC 31.011.