Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 31 - Alaska Food Code
Article 9 - Compliance Procedures and General Provisions
18 AAC 31.945 - Delegation of authority
Current through February 27, 2024
(a) Except as provided in (h) of this section, the department may delegate to a municipality the authority to implement the requirements of this chapter that apply to a food service or to a market, upon approval of an application for delegation.
(b) A municipality seeking delegation must provide documentation to the department that demonstrates that the municipality's proposed program has
(c) The department may request information in addition to that provided under (b) of this section that the department considers necessary to determine whether the department will delegate authority to the municipality.
(d) For a delegation that the department has approved under this section to be valid, the department and the individual with administrative management authority for the municipality must sign the delegation. The delegation must include, at a minimum, terms and conditions that set out the following:
(e) If the department has cause to believe, based on an audit conducted under (d) of this section or other information, that the municipality is not in compliance with the terms and conditions of the delegation or with this chapter, a threat to public health or consumer protection exists, or the delegation is not in the public interest, the department will
(f) After reviewing the information received under (e) of this section, the department may, as necessary to serve the interests of public health,
(g) If the department modifies or revokes a delegation under this section, the department will send a notice to the municipality stating that, based on the department's written findings under (f) of this section, that the delegation will be revoked or modified, effective immediately, unless the notice gives a specific date on which the revocation or modification becomes effective.
(h) A delegation under this section does not apply to food that is processed and intended for interstate commerce.
(i) A municipality may not further delegate a delegation under this section.
Authority:AS 17.20.005
AS 17.20.072
AS 44.46.020