(a) Under the
department's food service establishment recognition program, an operator with a
valid permit under
18 AAC 31.030 may apply for
recognition from the department for a food service establishment. The
department will issue 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
certified food protection managers under
18 AAC 31.325; and
(C) a copy of each monthly self-assessment
that the operator has completed when performing monthly self-assessments under
18 AAC 31.902 and (3) of this
subsection;
(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 performed under
18 AAC 31.900, the operator
receives no more than
(i) two risk factor or
intervention violations at the establishment with immediate correction of those
violations; or
(ii) one risk factor
or intervention violation at the establishment with immediate correction of the
violation, and no more than two good retail practice violations;
(B) a known foodborne outbreak was
not associated with the establishment; and
(C) 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 has a food safety management system in place
that includes
(A) a person who carries out
the responsibilities in
18 AAC 31.320 and a certified food
protection manager, as specified in
18 AAC 31.325;
(B) a food worker card for each food worker,
as specified in
18 AAC 31.330; and
(C) routine self-assessments, as described in
18 AAC 31.902, conducted at least
once every 30 days; the completed self-assessments must be available for
department review upon request; 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
(1) will issue recognition to the
food service establishment; and
(2)
may 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
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 may, without prior warning, notice, or hearing, withdraw the
establishment's recognition.
(d)
Recognition under this section is valid until December 31 of the year issued.
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 assert or imply that the establishment has recognition under this
section.
