Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 31 - Alaska Food Code
Article 1 - General Operating and Permit Requirements
18 AAC 31.020 - Permit requirements
Universal Citation: 18 AK Admin Code 18 AAC 31.020
Current through August 30, 2024
(a) Except as provided in 18 AAC 31.070, a person may not operate a food establishment subject to this chapter, unless
(1) the
department has approved plans submitted under
18 AAC 31.040;
(2) the person has paid each applicable fee
required by
18 AAC 31.050;
and
(3) the department has issued a
permit under this section for each separate operation, as required by (e) of
this section.
(b) A permit issued under this section
(1) is valid
for the calendar year in which the permit is issued;
(2) may not be transferred; and
(3) must be posted conspicuously in public
view in the food establishment.
(c) The operator of a bar or tavern shall obtain a food service permit under this chapter for service of beverages even if other food is not served.
(d) The department will not issue a permit to an operation in an occupied residential dwelling, except for an operation in
(1) a restricted food service transient
occupancy establishment;
(2) a
residential child care facility, if the facility is required to have a license
from the Department of Health and Social Services under AS 47.32 and 7 AAC
50;
(3) a child care facility, if
the child care facility is required to have a license from the Department of
Health and Social Services under AS 47.32 and 7 AAC 57; or
(4) an assisted living home, if that facility
is required to have a license from the Department of Health and Social Services
under AS 47.32, AS 47.33, and 7 AAC 75.
(e) Except as otherwise provided in this section, each separate operation within a food establishment must have a separate permit. Operations that require a separate permit include
(1) a commissary, if not already permitted
under this chapter as a food establishment; and
(2) each operation if two or more operations
share some facilities, such as warewashing, refrigerator, freezer, or storage
areas, but the preparation or processing area and the display or service area
of each operation are segregated by distance or time; segregation by time
occurs if different operations use the same areas at different times of the
day.
(f) A separate
(1) food service permit is not required for
(A) a food establishment permitted under this
chapter if
(i) customers serve themselves with
individual prepackaged foods that may be heated; and
(ii) the establishment provides
single-service tableware and condiments;
(B) service of food at an auxiliary site,
such as a banquet room, snack room at a labor camp, additional service area, or
pushcart, if
(i) the auxiliary site is located
on the same premises as the permitted food service and has the same operator as
the permitted food service; and
(ii) food preparation occurs at the permitted
food service;
(C) a food
demonstration station at a market permitted under this chapter if
(i) the market has a permitted food service
within the market; and
(ii) all
preparation occurs at the permitted food service, except for final cooking or
portioning at the station;
(D) a mobile food unit permitted under this
chapter that is operating as a temporary food service;
(E) a food service permitted under this
chapter that is also operating as a caterer outside the permitted establishment
if all preparation, except final cooking, reheating, or portioning at the site,
occurs at the permitted establishment;
(F) a beverage-dispensing portion of a bar or
tavern with
(i) a limited food service at the
bar or tavern; or
(ii) an
additional food service at the bar or tavern;
(2) food processing permit is not required
for
(A) a food service permitted under this
chapter that is also
(i) manufacturing ice for
use within the establishment or for onsite retail sale;
(ii) roasting coffee for use within the
establishment or for onsite retail sale; or
(iii) processing food for wholesale
distribution;
(B) a
seafood processor permitted under 18 AAC 34; this exception also applies to a
seafood processor permitted under 18 AAC 34 that, in addition to processing
seafood, processes non-seafood products at the permitted facility using the
same types of processes for the non-seafood products as are permitted under 18
AAC 34 for the seafood products; however, the seafood processor must comply
with other applicable provisions of this chapter for the non-seafood products;
or
(C) a food service or market
permitted under this chapter that also
(i)
acidifies, cures, dehydrates, or thermal processes low-acid food;
(ii) reduced oxygen packages under 18 AAC 31.265(c);
(iii) conducts a limited
amount of processing, such as the trimming or cutting of produce, or the
slicing of processed meat and cheese; or
(iv) provides retail customer self-service to
change the form of a food, such as for juice squeezing or the grinding of nuts
or coffee; and
(3) market permit is not required for a sales
counter or other display area
(A) that is used
primarily for the retail sale of products processed within that facility;
and
(B) that is located within
(i) a meat processing facility under
mandatory or voluntary USDA inspection;
(ii) a seafood processing facility permitted
under 18 AAC 34; or
(iii) a
processing facility permitted under this chapter.
(g) A permit for a temporary food service, limited food service, kiosk, or mobile food unit issued under this section is valid
(1) only for
service of the food approved for that operation at the time of application;
and
(2) for a temporary food
service, for no more than 21 consecutive days in conjunction with a single
event, or, if operating at the same location, no more than two days in any one
week, for no more than 120 days total.
Authority:AS 17.20.005
AS 17.20.010
AS 17.20.070
AS 17.20.072
AS 17.20.180
AS 17.20.200
AS 44.46.020
AS 44.46.025
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