Current through August 30, 2024
(a) In addition to the other applicable
requirements of this chapter, except as otherwise provided in this section, the
operator of a mobile food unit must comply with this section.
(b) At a mobile food unit, 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 the application form by the department, the department will,
as the department determines necessary to serve the interests of public health
and consumer protection,
(1) limit the number
and type of food items to be prepared and sold;
(2) limit preparation steps; and
(3) approve the use of a commissary to
support the mobile food unit if
(A) the
necessary support services can be provided to the mobile food unit without
compromising the commissary's operation; and
(B) the mobile food unit operates within a
reasonable distance of the commissary so that it can return daily for servicing
as required by (c) of this section.
(c) The operator of a mobile food unit,
except a self-contained mobile food unit described in (d) of this section,
shall
(1) ensure that the unit is taken at
least once each day to the commissary for support services such as cleaning the
unit or food-contact surfaces, servicing potable water and wastewater tanks,
and restocking food and supplies;
(2) provide to the department a letter of
agreement between the operator and the commissary that outlines
(A) the days and hours the commissary will be
used; and
(B) the extent of support
services to be provided at the commissary;
(3) describe the method used to return the
mobile food unit to the commissary each day for support services; and
(4) advise the department within 72 hours if
use of the commissary is discontinued.
(d) The operator of a self-contained mobile
food unit is not required to work out of an approved commissary as described in
(c) of this section if the unit has
(1)
installed on the unit water and wastewater holding tanks, handwashing, and
warewashing facilities, and utility sink; and
(2) adequate storage facilities on the unit
for all food, equipment, utensils, including single-service items, and supplies
used in the operation.
(e) The operator of a mobile food unit shall
(1) provide only single-service articles to
consumers; and
(2) ensure that
toilet facilities for employees are available within 200 feet of the unit while
it is operating.
(f) In
addition to the requirements of (a), (b), (c), and (e) of this section, the
operator of a pushcart shall ensure that
(1)
sufficient food, utensils, paper products, cleaning supplies, potable water
supply, and wastewater holding capacity necessary for operating daily are
contained on or within the cart, except that the operator of the pushcart may
provide
(A) one additional ice chest;
and
(B) one additional barbecue
grill;
(2) water tanks
installed for handwashing only are at least a five-gallon capacity;
(3) pre-preparation of food, including
washing, slicing, peeling, cutting, and assembly, occurs at the commissary;
and
(4) cooling or reheating of
leftovers does not occur.
(g) The operator of a mobile food unit need
not provide sanitary facilities as required under
18 AAC 31.500 -
18 AAC 31.525 if
(1) the unit serves only prepackaged food
that meets the requirements of this chapter; and
(2) any nonpotentially hazardous beverage is
prepared at the commissary and dispensed from equipment that protects the
beverage from contamination.
(h) The exemption in (g) of this section does
not relieve an operator from complying with requirements of the Department of
Labor and Workforce Development.
Effective 12/19/99, Register 152, the Department of
Environmental Conservation readopted
18 AAC 31.620, to affirm the
validity of that section following statutory amendments made in ch. 72, SLA
1998. The department also added a new subsection to
18 AAC 31.620. Chapter 72, SLA
1998 relocated department authority to adopt regulations in 18 AAC 31 from AS
03.05 to AS 17.20.
Authority:AS
17.20.005
AS 17.20.020
AS 17.20.072
AS 17.20.180
AS 17.20.290
AS
44.46.020
