Current through August 30, 2024
(a) In addition to the other applicable
requirements of this chapter, the operator of a temporary food service shall
comply with this section.
(b) Food
must be prepared at the temporary food service unless the department approves
prior preparation at a permitted food establishment or another facility under
(c)(5) of this section.
(c) For a
temporary food service, 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 an application
form provided by the department, the department will, as the department
determines necessary to serve the interests of public health and consumer
protection,
(1) limit the food items to be
prepared and sold;
(2) limit
preparation steps;
(3) prohibit the
sale of potentially hazardous food;
(4) except for the fee required by
18 AAC 31.050, grant a variance
from a requirement of this chapter under
18 AAC 31.930 if the variance will
not threaten public health or consumer protection and the purpose of the
requirement is otherwise satisfied;
(5) authorize prior preparation of food at a
permitted food establishment or another approved facility if
(A) that establishment or facility has
adequate equipment for the type and volume of food and methods of
preparation;
(B) a letter of
agreement signed by the operator of the establishment or facility
(i) is attached to the temporary food service
application;
(ii) specifies the
food, and the dates and times the food will be prepared; and
(iii) confirms that the establishment or
facility has adequate equipment and utensils for the type and volume of food
and methods of preparation; and
(C) food is maintained at temperatures
required by
18 AAC 31.230 -
18 AAC 31.236 and protected from
contamination during transportation to the temporary food service;
and
(6) deny a temporary
permit required under
18 AAC 31.020 if the applicant,
within the two years before the application date, received
(A) two or more temporary food service
inspections noting risk factor or intervention violations that the department
determines, based on the nature or number of violations, threaten public
health; or
(B) a temporary food
service permit suspension or establishment closure.
(d) The operator of a temporary
food service at an event that lasts four or more days shall,
(1) within three calendar years before the
event, have attended a training course that provides information about food
condition and source, food protection, temperature control, display and
service, handwashing, employee practices, and food-contact surfaces cleaning
and sanitizing; the course may be presented as a class with an instructor, a
video training course, a home study training course, or a class provided by the
department;
(2) be a certified food
protection manager, as described in
18 AAC 31.325; or
(3) hold a food worker card issued by the
department under
18 AAC 31.330.
(e) If the department issues an
operator the temporary food service permit under
18 AAC 31.020 -
18 AAC 31.030 for an event that
lasts four or more days, and that permit is the first that the operator has
received for an event of that length, the operator's failure to obtain training
timely as required under (d) of this section does not affect the validity of
that permit. However, the operator of a temporary food service at an event that
lasts four or more days who does not attend the training required under (d) of
this section may not obtain an extension of that permit under
18 AAC 31.020(g),
and may not obtain a subsequent temporary food service permit for an event of
any length, until the operator obtains the training required under (d) of this
section and presents a certificate of successful completion to the
department.
(f) In addition to
meeting the other requirements of this chapter, including the temperature and
time requirements in
18 AAC 31.230 -
18 AAC 31.236, the operator of a
temporary food service shall ensure that
(1)
potentially hazardous food is not reused after being cooked or
hot-held;
(2) mechanical
refrigeration units are provided to keep potentially hazardous food at 41º
F or below, except that
(A) ice cream may be
stored on dry ice; and
(B) if
approved by the department, at events of one to three days' duration, hamburger
patties, precooked meat, raw seafood, and ready-to-eat packaged, potentially
hazardous food, such as milk and sandwiches, may be stored in an insulated
container using a coolant, such as blue ice or drained ice, to keep the
temperature at 41º F or below;
(3) cured food products, such as hot dogs,
sausage, or pepperoni, that will not support the rapid or progressive growth of
infectious or toxigenic microorganisms or slower growth of Clostridium
botulinummay be stored in properly insulated containers using a
coolant, such as blue ice or drained ice, to keep the temperature at 41º F
or below;
(4) packaged food is not
stored in undrained ice or iced water except for pressurized containers of
nonpotentially hazardous beverages if the water or ice
(A) contains at least 10 ppm of available
chlorine; and
(B) is changed
frequently to keep the water and container clean;
(5) only single-service articles are provided
for use by consumers;
(6) a
handwashing facility is provided for employees, including
(A) a container with a minimum capacity of
two gallons, equipped with a faucet-type spigot, and filled with warm water; if
a container is uninsulated, a means to heat water must also be
provided;
(B) a container to catch
wastewater from handwashing; and
(C) soap and single-service towels;
(7) at least three basins, deep
enough for immersion of utensils and equipment, and a means to heat water are
provided to wash, rinse, and sanitize utensils and equipment that will be
reused or used on a production-line basis; the requirements of this paragraph
do not apply
(A) for an event of one-day
duration if adequate extra utensils are provided; or
(B) if the operator washes, rinses, and
sanitizes food-contact surfaces at another approved establishment;
(8) a water supply is provided
that is
(A) potable;
(B) approved under 18 AAC 80, if the water
supply is from a public water system for which approval is required under that
chapter; and
(C) adequate to meet
preparation, handwashing, warewashing, and cleaning needs;
(9) if water is from an approved public water
system, coliform samples are in compliance with 18 AAC 80; and
(10) a container used to haul potable water
is made of materials approved for that use by the National Sanitation
Foundation (NSF), the FDA, or an organization recognized as equivalent by the
department, is used for no other purpose, and is protected from contamination
during storage.
(g) The
operator of a temporary food service shall ensure that wastewater is disposed
of into a wastewater disposal system approved under 18 AAC 72, and that holding
tanks and direct connections to disposal systems are constructed, maintained,
and operated as required in 18 AAC 72. The department will approve a manual
hauling system if limited amounts of wastewater are generated and an approved
wastewater disposal system is in the vicinity and used by the operator. The
operator shall keep wastewater containers covered and label them "For
Wastewater Only."
(h) For an event
of
(1) one to three days' duration, a
temporary food service may have a floor consisting of grass, gravel graded to
drain, sawdust, or a similar material if dust and mud are controlled;
and
(2) four to 21 consecutive
days' duration, or for a temporary food service operating at the same location
for no more than two days in any one week for a time period and for no more
than 120 days total, a temporary food service must have a floor consisting of
concrete, asphalt, tight-fitting wood, or another cleanable material.
(i) The operator of a temporary
food service shall ensure that walls and ceilings are constructed to protect
the interior of the temporary structure from the elements and to restrict
access, are cleanable, and are kept clean.
(j) The operator of a temporary food service
shall ensure that public toilets and handwashing facilities are provided at
events open to the public for two hours or longer and ensure that
(1) the number of toilets furnished is
adequate based on the peak crowd anticipated;
(2) if running water is not practically
available,
(A) privies or portable toilets are
provided instead of flush toilets; to determine the number of portable toilets
that are required, the operator shall use the Sanitarian & Health
Official Guide, Portable Restroom Requirements at Special Events & Crowd
Gatherings, Determination of Portable Sanitation Requirements at Large Public
Events,published by The Center for Business and Industrial Studies,
University of Missouri-St. Louis, adopted by reference in
18 AAC 31.011; and
(B) lavatories are supplied for washing hands
from an approved storage tank, or from an insulated container with a minimum
capacity of two gallons each, equipped with a faucet-type spigot and filled
with warm water;
(C) bacteriocidal
hand rinses are installed
(i) at each privy or
portable toilet; or
(ii) in
locations that are conveniently accessible to the public after using the privy
or portable toilet and the number is adequate based on the peak crowd
anticipated;
(3) privies, if used, are designed and
constructed as required in 18 AAC 72 and are located so there is no danger in
contaminating groundwater; and
(4)
privies and portable toilets, if used,
(A)
have cleanable interior surfaces, screened openings for ventilation,
self-closing doors, and otherwise prohibit the entrance of insects and rodents;
and
(B) are serviced as often as
necessary to remove accumulated wastes, are kept clean, and are supplied with
toilet paper.
Information about how to review or obtain a copy of the
requirements referred to in
18 AAC 31.600 and adopted by
reference in
18 AAC 31.011 is set out in the
editor's note to
18 AAC 31.011.
Video training courses are available for review at the
department's Anchorage, Fairbanks, and Juneau
offices.
Authority:AS
17.20.005
AS 17.20.020
AS 17.20.072
AS 17.20.180
AS 17.20.290
AS 18.35.200
AS 18.35.220
AS
44.46.020
