18 AAC 31.945 - Delegation of authority
(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
(1) funding, staff, and equipment necessary
to accomplish compliance with the terms and conditions of the
delegation;
(2) an inspection and
enforcement program that determines and documents compliance;
(3) insurance to cover any personal injury or
property damage and that adequately protects the state;
(4) an ongoing employee training and
verification program that ensures uniformity among regulatory staff in the
interpretation and application of laws; and
(5) regulatory requirements that include
provisions at least as protective of public health as those contained in this
chapter.
(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:
(1) the right of
the department periodically to audit the municipality to ensure compliance with
the terms and conditions of the delegation;
(2) the right of the department to require an
annual report summarizing the establishments that the municipality permitted or
otherwise approved or inspected, including information on the findings of the
inspections, to allow the department to report on food safety
statewide;
(3) indemnification of
the state against any liability, losses, or damages arising out of or in any
manner connected with the department's delegation under this section;
and
(4) the right of the department
to terminate the delegation if the department determines
(A) a threat to public health or consumer
protection exists; or
(B) that the
delegation is not in the public interest.
(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
(1) notify the municipality in
writing of
(A) the areas of concern or in
which the department has determined that the municipality is failing to comply;
and
(B) the reasons for the
department's determination; and
(2) provide the municipality 30 days after
receiving the notification under (1) of this subsection to
(A) explain why the municipality disagrees
with the department's determination; or
(B) outline the steps that the municipality
is taking or proposes to take to correct the areas of concern or
noncompliance.
(f) After reviewing the information received
under (e) of this section, the department may, as necessary to serve the
interests of public health,
(1) revoke the
delegation if the department finds that the delegation is no longer in the
public interest or that the municipality is not in compliance with the terms
and conditions of the delegation, or with this chapter, and that the
municipality is not likely to come into compliance;
(2) periodically review the actions of the
municipality until compliance is achieved if the department finds that the
municipality is not in compliance with the terms and conditions of the
delegation but that the municipality is taking sufficient steps to come into
compliance; or
(3) modify the
delegation.
(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.
Notes
Authority:AS 17.20.005
AS 17.20.072
AS 44.46.020
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