18 AAC 31.020 - Permit requirements

(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.

Notes

18 AAC 31.020

Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 12/23/99, Register 152; am 12/31/2000, Register 156; am 6/28/2001, Register 158; am 12/28/2006, Register 180; am 6/25/2020, Register 234, July 2020

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