18 AAC 31.990 - Definitions
Unless the context indicates otherwise, in this chapter
(1) "acid food" means a food
that has a natural pH of 4.6 or below;
(2) "acidified food" has the meaning given in
21
C.F.R. 114.3, adopted by reference in
18 AAC
31.011
(3)
"adequate" means that which is necessary to accomplish the intended purpose, in
keeping with good public health practices, while complying with this
chapter;
(4) "adulterated" has the
meaning given in
AS
17.20.020 and
AS
17.20.030; in addition, "adulterated" means
food that contains
(A) contains an unapproved
food additive or an additive in an amount that exceeds an amount allowed in 21
C.F.R. Parts 170 - 180, adopted by reference in
18 AAC
31.011;
(B) contains a substance sanctioned by the
FDA, or a substance generally recognized as safe by the FDA, in an amount that
exceeds an amount allowed in
21
C.F.R. 181.22-
181.34.
21 C.F.R. Part 182, 21 C.F.R. Part 184 . or 21 C.F.R. Part 186, adopted by
reference in
18 AAC
31.011;
(C) contains a pesticide residue in an amount
that exceeds an amount set out in
40 C.F.R.
180.1 and
180.101
-
180.708,
adopted by reference in
18 AAC
31.011;
(D) contains a food additive that is unsafe
under
21 U.S.C.
348(a), adopted by reference
in
18 AAC
31.011, or that is prohibited by the
department:
(E) contains a color
additive that is unsafe under
21
U.S.C. 379e(a), adopted by
reference in
18 AAC
31.011, or that is prohibited by the
department;
(F) was accidentally or
intentionally subjected to radiation, unless the use of radiation was in
compliance with 21 C.F.R. Part 179, adopted by reference in
18 AAC
31.011;
(G) for a food that is exported, is not in
compliance with
21 U.S.C. 381(e)(1) and
(2), adopted by reference in
18 AAC
31.011; or
(H) does not meet the requirements of this
chapter;
(5) "approved"
means acceptable to the department or its authorized agent, based upon
conformance with applicable local, state, and federal standards and good public
health practices;
(6) "approved
facility" means a place that is acceptable to the department for a specific
activity in support of a temporary food service or limited food
service;
(7) "approved source"
means a food establishment or facility that is permitted or certified by the
federal, state, or local government agency with jurisdiction; for purposes of
this paragraph, food from an approved source includes
(A) molluscan shellfish from a facility
listed in the FDA Interstate Certified Shellfish Shippers List
or a facility with a current permit issued under 18 AAC 34;
(B) raw seafood from a facility with a
current permit issued under 18 AAC 34 or from another approved
source;
(C) hermetically sealed
food from a food processing establishment that is permitted under this chapter
or from another approved source; and
(D) meat, poultry, and game meat from a
facility under USDA mandatory or voluntary inspection;
(8) "asymptomatic" means without obvious
symptoms, and not showing or producing indications of a disease or other
medical condition, including an individual infected with a pathogen but
(A) not exhibiting or producing any signs or
symptoms of vomiting, diarrhea, or jaundice; or
(B) not showing symptoms because symptoms
have resolved or subsided, or because symptoms never manifested;
(9) "bottled water" has the
meaning given to "bottled drinking water" in
21
C.F.R. 129.3, adopted by reference in
18 AAC
31.011;
(10) "bulk food" means processed or
unprocessed nonpotentially hazardous food displayed in containers from which
consumers withdraw desired amounts;
(11) "caterer" means an individual operating
a food establishment that, either as the primary function of the food
establishment or as an additional activity of another food establishment, under
an agreement or contract,
(A) prepares food
in a permitted food establishment;
(B) provides transportation for that food to
another premises for consumption; and
(C) serves that food, sets up a buffet for
self-service, or prepares food for immediate service;
(12) "certified food protection manager"
means an individual who has passed a food safety certification examination and
received a certificate or other documentation from a certification program
accredited by the Conference for Food Protection;
(14) "cold-hold" and "cold-holding" means to
maintain the temperature of a potentially hazardous food at 41º F or below
while that food is being held whether during transportation, storage,
preparation, processing, display, or service;
(15) "commercially processed" means prepared
at an approved food processing establishment;
(16) "commissary" means a permitted food
establishment where support services are provided to one or more vending
machines, mobile food units, limited food services, or temporary food services;
a "commissary" may provide support services that include
(A) food preparation, handling, packaging, or
storage;
(B) storage of utensils,
including single-service items, or supplies;
(C) washing, rinsing, and sanitizing of
food-contact surfaces;
(D) storage
of a mobile food unit when the unit is not in use; and
(E) cleaning of a mobile food unit;
(17) "contaminate" or
"contamination" means exposure to or contact with a contaminant; actions that
may cause contamination include unsanitary food-contact surfaces, coughing,
sneezing, spitting, unnecessary handling, flooding, draining, leakage from
overhead, and condensation;
(18)
"contaminant" means a substance, organism, or entity that might cause disease
or threaten public health; "contaminant" includes dust, insects, rodents, other
pests, and poisonous or toxic materials;
(19) "continental breakfast" means a morning
meal consisting of ready-to-eat packaged products from an approved source such
as pastries, cold cereals, dairy products, juices, coffees and teas, and cut
fruit;
(20) "convenience store"
means a small market selling predominantly any of the following:
(A) prepackaged ready-to-eat food in
individual portions;
(B) beverages,
including beverages from service beverage dispensers such as coffee, hot
chocolate, or carbonated beverages;
(C) fresh, uncut, and unpeeled fruit and
vegetables;
(21)
"corrosion resistant material" means a material that maintains acceptable
surface cleanability characteristics under prolonged influence of the food
contacted, the normal use of cleaning compounds and sanitizing solutions, and
other conditions of the use environment;
(22) "critical control point" means a point,
step, or procedure in a specific food safety management system where loss of
control may result in an unacceptable health risk;
(23) "cross-contamination" means the process
by which a contaminant is transferred from raw or other food to a food-contact
surface or a ready-to-eat food;
(24) "cure" or "cured" means to preserve by
means of salting, smoking, or aging;
(25) "custom processing" means the processing
of a customer's sport-caught seafood or game meat for the consumption of that
customer, and which will not be subsequently sold or distributed in commerce
for human consumption;
(26)
"department" means the Department of Environmental Conservation;
(27) "disclosure" means a written statement
that clearly identifies the
(A)
animal-derived foods that are, or can be ordered, raw, undercooked, or without
otherwise being processed to eliminate pathogens; or
(B) items that contain an ingredient that is
raw, undercooked, or not otherwise processed to eliminate pathogens;
(28) "disease communicable by
food" means a physical condition that can be transmitted from one individual to
another; "disease communicable by food" includes amebiasis, cholera, colds,
diarrhea, hepatitis A, hepatitis type unspecified, influenza, salmonellosis,
shigellosis, Enterohemorrhagic or Shiga toxin-producing Escherichia
coli, staphylococcal skin infections, streptococcal infections, and
vomiting;
(29) "distressed food
commodities" means food that has been subjected to possible damage from an
accident, a fire, a flood, adverse weather, or a similar cause;
(30) "dormitory" means a room with more than
two beds;
(31) "durable" means
capable of withstanding expected use and remaining easily cleanable;
(32) "dwelling" means a building or portion
of a building that contains living facilities, including provisions for
sleeping, eating, cooking, and sanitation;
(33) "easily cleanable" means designed,
constructed and installed to allow, and made of a material that allows,
effective removal of soil by normal cleaning methods, considering the surface's
role in introducing pathogenic or toxigenic agents or other contaminants into
food, and based on the surface's approved placement, purpose, and
use;
(34) "embargo" means an order
issued by the department that restricts service, use, or movement of food until
laboratory tests or further examination confirms the food is free from
spoilage, filth, or other contamination;
(35) "employee" means a person working in a
food establishment; "employee" includes an operator, a manager, an owner, a
person in charge, under
18 AAC 31.320, a person on the payroll, a family member,
a person working under a contractual agreement, a volunteer, and a
student;
(36) "equipment" means an
article used in the operation of a food establishment; "equipment" includes a
freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in
refrigerator, scale, sink, slicer, stove, table, temperature measuring device
for ambient air, vending machine, and warewashing machine; "equipment" does not
include utensils or apparatuses used for handling or storing large quantities
of packaged foods that are received from a supplier in a cased or overwrapped
lot, such as a hand truck, forklift, dolly, pallet, rack, or skid;
(37) "event" means an organized occurrence
that is promoted for a special purpose, has a definite time limit, and
generally includes activities other than food sales;
(38) "exclude" or "exclusion" means to
prevent a person from working as an employee in a food establishment or
entering a food establishment as an employee;
(39) "extensively remodeled" means a major
equipment change or installation or a structural modification or improvement
that revises the product flow or that adds a new preparation, service, or
processing area to an existing establishment;
(40) "F" means Fahrenheit;
(41) "FDA" means the United States Food and
Drug Administration;
(42) "farmers'
market" means a seasonal market
(A) operated
under the sponsorship of a community organization; and
(B) the main purpose of which is to provide
an opportunity for producers to sell agricultural products directly to
consumers;
(43)
"fixture" means a plumbing receptacle or device that
(A) is permanently or temporarily connected
to the water distribution system of the premises and demands a supply of water
from the system; or
(B) discharges
used water, waste materials, or sewage directly or indirectly to the drainage
system of the premises;
(44) "food" means a raw, cooked, or processed
edible substance, ice, beverage, or ingredient used or intended for use or
sale, in whole or in part, for human consumption;
(45) "food bank" has the meaning given in
AS
17.20.347;
(46) "foodborne illness" means an illness
associated with consuming food;
(47) "foodborne outbreak" means an incident
in which
(A) two or more individuals
experience a similar illness after consuming a common food or food served at a
common food establishment or event;
(B) one or more individuals experience
illness from botulism or chemical poisoning; or
(C) an epidemiological analysis indicates
that a food or an employee is the source of an illness;
(48) "food-contact surface" means a surface
of equipment or a utensil
(A) with which food
normally comes in contact; or
(B)
from which food may drain, drip, or splash into a food or onto a surface
normally in contact with food;
(49) "food demonstration station" means a
site within a market at which samples of food are served without charge to
publicize, advertise, or promote the sale of that food or associated food
preparation equipment;
(50) "food
establishment" means the premises where any activity occurs that is related to
the display, packaging, preparation, processing, sale, salvaging, service,
storage, transportation, or vending of food for human consumption; "food
establishment" includes various types of operations, singly or in combination,
within the categories of food service, food processing establishment, and
market; "food establishment" does not include a kitchen in a private dwelling,
including a vessel used solely as a private dwelling, where food is prepared
for consumption by family members or nonpaying guests;
(51) "food processing establishment" includes
(A) a food establishment listed in the third
column of Table A of
18 AAC 31.010(e): and
(B) any other food establishment where food
intended for human consumption is processed for distribution to a food service,
market, or another consumer outlet;
(52) "food safety management system" means a
system that is
(A) developed and implemented
by operators to ensure that food handling practices known to contribute to
foodborne illness are in control; and
(B) comprised of
(i) knowledgeable food employees;
(ii) written standard operating procedures;
and
(iii) regularly conducted
self-assessments;
(53) "food salvager" means a type of market
where distressed food commodities are reconditioned so they comply with this
chapter; "food salvager" includes a market that does one or more of the
following, if food contents have not been altered or adulterated:
(A) repackaging;
(B) relabeling;
(C) inspecting food and packaging for
wholesomeness;
(D)
cleaning;
(E) restoring the
integrity of the packaging;
(54) "food service" includes
(A) a food establishment listed in the first
column of Table A of
18 AAC 31.010(e): and
(B) any other food establishment where food
intended for service to individuals for consumption is prepared and provided,
or simply provided ready-to-eat, whether consumption is on or off the premises,
with or without charge;
(55) "game meat" means the flesh and organs
of animals that are not classified as "meat" in
9
C.F.R. 301.2, as adopted by reference in
18 AAC
31.011, or "poultry" in
9
C.F.R. 381.1(b), as adopted
by reference in
18 AAC
31.011; "game meat" includes
(A) warm-blooded animals, including seals,
whales, caribou, moose, bears, squirrels, musk oxen, and rabbits;
(B) cold-blooded animals, including snakes,
lizards, turtles, crocodiles, and alligators;
(C) exotic animals, including reindeer, elk,
deer, antelope, water buffalo, and bison; and
(D) game birds, including pheasant, grouse,
quail, squab, migratory water fowl, emu, rhea, and ostrich;
(56) "glacier" means a large body
of ice moving slowly down a slope or valley or spreading outward on a land
surface; "glacier" does not include a snow field or a frozen or ice-covered
stream, river, lake, spring, or other water body;
(57) "good retail practices" means preventive
measures to control hazards; "good retain practices" include
(A) properly labeled food;
(B) prevention of contamination during food
preparation, storage and display;
(C) clean nonfood-contact surfaces;
(D) clean physical facilities; and
(E) adequate ventilation and
lighting;
(58) "good
retail practices violation" means a violation of this chapter other than a risk
factor or intervention violation;
(59) "grocery" means a type of market where
(A) a variety of food commodities, including
dry, refrigerated, and frozen items, are offered for retail sale to consumers
and intended for off-premises consumption; and
(B) a limited amount of processing may occur,
including
(i) trimming or cutting of
produce;
(ii) providing retail
customer self-service of bulk items;
(iii) processed meat slicing and cheese
slicing; and
(iv) providing retail
customer self-service to change the form of a food, such as juice squeezing or
the grinding of nuts or coffee;
(60) "guestroom" means a room used or
intended to be used by a guest for sleeping purposes; every 100 square feet of
floor area in a dormitory is considered a "guestroom";
(61) "HACCP plan" means a written document
that delineates the formal procedures for following the Hazard Analysis
and Critical Control Point Principles and Application Guidelines; the
Hazard Analysis and Critical Control Point Principles and Application
Guidelines is adopted by reference in
18 AAC
31.011;
(62) "handwash sink" means a lavatory, a
basin or vessel for washing, a wash basin, or a plumbing fixture especially
placed for use in personal hygiene and designed for washing of the hands;
"handwash sink" includes an automatic handwashing facility;
(63) "hazard" means a biological, chemical,
or physical property that might make food unsafe for human consumption or cause
an unacceptable public health risk;
(64) "herb vinegar" means commercial vinegar
to which a small amount of one or more herbs has been added, with a resultant
pH not significantly different from the vinegar to which the herb was
added;
(65) "hermetically sealed"
means a container that is designed and intended to be secure against the entry
of microorganisms and, in the case of low-acid canned foods, to maintain the
commercial sterility of its contents after thermal processing;
(66) "highly susceptible population" means a
group of persons who are more likely than other populations to experience
foodborne illness because they are
(A)
immuno-compromised, preschool aged children, or older adults; and
(B) obtaining food at a facility that
provides services such as custodial care, health care, or assisted
living;
(67) "hot-hold"
or "hot-holding" means to maintain the temperature of potentially hazardous
food at 135º F or above while the food is being held, whether during
transportation, storage, preparation, processing, display, or service, except
that for rare beef, "hot-hold" or "hot-holding" means to maintain the
temperature at 130º F or above;
(68) "ice" means the product that results
from freezing water by natural, chemical or mechanical means;
(69) "imminent health hazard" means a
significant threat or danger to health that is considered to exist when the
department determines, or has cause to believe, based on the number of
potential injuries and the nature, severity, and duration of the anticipated
injury, that a product, practice, circumstance, or event creates a situation
that requires immediate correction or cessation of operation to prevent injury;
"imminent health hazard" includes one or more of the following:
(A) the extended loss of a potable water
supply;
(B) an extended power
outage;
(C) a sewage backup into a
food establishment or onto the grounds of a food establishment;
(D) a natural disaster;
(E) a major insect or rodent
problem;
(F) one or more employees
sick with a foodborne illness;
(G)
a foodborne outbreak;
(70) "injected" means to manipulate a meat so
that infectious or toxigenic microorganisms may be introduced from its surface
to its interior through tenderizing with deep penetration or injecting the
meat, including by processes referred to as needling, pinning, or stitch
pumping;
(71) "institution" means a
public or private school for children of school age, or a place of confinement,
secure or custodial care, health care, or assisted living; "institution"
includes correctional and juvenile facilities, nursing homes, and
hospitals;
(72) "intervention"
(A) means a control measure to prevent
foodborne illness or injury; and
(B) consists of
(i) the demonstration of knowledge;
(ii) employee health controls;
(iii) controlling hands as a vehicle of
contamination;
(iv) time and
temperature parameters for controlling pathogens; and
(v) the consumer advisory;
(73) "juice" means the
aqueous liquid expressed or extracted from one or more fruits or vegetables, a
puree of the edible portions of one or more fruits or vegetables, or a
concentrate of that liquid or puree;
(74) "kiosk" means a semi-permanent structure
that is constructed on a nonpermanent foundation;
(75) "limited food service" means a type of
food service operation that is restricted to one or more of the following:
(A) pre-cooked, commercially-processed food
that is reheated for immediate service and that does not require preparation
other than portioning for consumer service;
(B) pre-cooked, commercially-processed hot
dogs that are reheated;
(C)
soft-drinks, coffee, espresso drinks, alcoholic beverages, or other
nonpotentially hazardous drinks;
(D) cleaning of utensils, if the only food
served is prepared off site in a permitted facility;
(E) commercially-processed food that does not
require preparation other than portioning for immediate consumer
service;
(76) "linens"
means fabric items, including cloth hampers, cloth napkins, table cloths,
wiping cloths, and work garments, including cloth gloves;
(77) "liquid heat" means a product, either
commercial or noncommercial, used to maintain potentially hazardous food at
required hot-holding temperatures during display or service;
(78) "lot" means a collection of primary
containers of the same size, type, and style produced under conditions as
nearly uniform as possible and usually designated by a common code or marking,
or a day's production;
(79)
"low-acid food" means food, other than alcoholic beverages, with a finished
equilibrium pH greater than 4.6 and a water activity greater than
0.85;
(80) "market" includes
(A) a food establishment listed in the second
column of Table A of
18 AAC 31.010(e); and
(B) any other food establishment where food
commodities are offered for retail sale to consumers and intended for
off-premises consumption, distributed to the needy by nonprofit organizations,
or stored before sale or distribution;
(82) "misbranded" has the meaning given in
AS
17.20.040; in addition, "misbranded" means
food that is not labeled as specified in
18 AAC 31.060, 18 AAC 31.265,
18 AAC 31.700,
18 AAC 31.740,
18 AAC 31.770, and
18 AAC 31.800 -
18 AAC 31.820;
(83) "ml" means milliliters;
(84) "mobile food unit" means a type of food
service that
(A) is located in a vehicle,
trailer, or cart, except for one ice chest and one barbecue grill if placed
immediately adjacent to the mobile food unit;
(B) is capable of easily moving daily for
servicing of water and wastewater holding tanks;
(C) operates out of a commissary, unless it
is a self-contained mobile food unit;
(D) has a menu that is usually restricted to
service of specific food;
(E) other
than a pushcart, is capable of being registered by the state as a motor
vehicle;
(F) is capable of moving
without special conditions, such as a pilot car, flagging, or restricted hours
of movement; and
(G) completely
retains its mobility and is not connected to water or sewer;
(85) "mobile retail vendor" means
a type of market operated out of a vehicle or trailer, registered by the state
as a motor vehicle, from which packaged retail food items or whole or packaged
seafood are sold;
(86) "molluscan
shellfish" means an edible species of fresh or frozen oysters, clams, mussels,
or scallops, or an edible portion of that species; "molluscan shellfish" does
not include a scallop product that consists only of the shucked adductor
muscle;
(87) "operation" means the
premises, practices, and procedures associated with a specific type of activity
within a food establishment;
(88)
"operator" means an entity that is legally responsible for the operation or a
part of the operation of a food establishment; "operator" includes
(A) an owner, manager, or supervisor of one
or more types of operation in a food establishment; and
(B) a person performing a duty of an owner,
manager, or supervisor who directs, controls, or supervises a food
establishment;
(89)
"owner" means a person with a proprietary or possessory interest in a food
establishment;
(90) "package" or
"packaged" means bottled, canned, cartoned, securely bagged, or tightly
wrapped; "packaged" does not include placing food in a wrapper, carry-out box,
or other nondurable container used to containerize food with the purpose of
facilitating food protection during service and receipt of the food by the
consumer;
(91) "permit" or
"permitted" means an authorization issued by the department;
(92) "pest" means an insect, bird, rodent, or
animal that can be detrimental to humans or that can create a nuisance' "pest"
includes dogs, cats, and bears;
(93) "plants" means wild, edible, nontoxic
berries, roots, or leaves of plants that have cultural significance to people;
"plants" includes Eskimo potato, Labrador tea, and low bush
cranberry;
(94) "poisonous or toxic
material" means a substance not intended for ingestion; "poisonous or toxic
material" includes
(A) cleaners and
sanitizers, including cleaning and sanitizing agents and agents such as
caustics, acids, drying agents, polishes, and other chemicals;
(B) pesticides, except sanitizers, as
described in 18 AAC 90;
(C)
substances necessary for the operation and maintenance of the establishment,
including personal care items used to maintain or enhance an individual's
health, hygiene, or appearance and nonfood-grade lubricants that may be
poisonous, toxic, or a source of contamination; and
(D) substances that are not necessary for the
operation and maintenance of the establishment and are on the premises for
retail sale, including petroleum products and paints;
(95) "potable water" means water that is free
from disease-producing organisms, poisonous substances, and chemical,
biological, and radioactive contaminants that would make the water unfit for
human consumption and other uses;
(96) "poultry" has the meaning set out in
9
C.F.R. 381.1(b), as adopted
by reference in
18 AAC
31.011;
(97) "ppm" means parts per million; "ppm" is
the equivalent to milligrams per liter (mg/l);
(98) "premises" means the physical facility,
its contents, and the contiguous land or property under the control of the
permit holder, including all or portions of land, docks, structures, vessels,
vehicles, mobile food units, food-contact surfaces, food, supplies, water
supply, wastewater system, and plumbing; for purposes of this paragraph,
"physical facility" means the structure and interior surfaces of a food
establishment, including accessories and attachments;
(99) "prepackaged" means packaged by an
approved source that is a food salvager or food processor;
(100) "preparation" or "prepared" means to
thaw, marinate, cook, heat, reheat, smoke as part of the cooking process, cool,
freeze, construct, assemble, combine, cut, slice, divide, mix, portion, or
package food for consumption as ready-to-eat food;
(101) "processing" means to
(A) thaw, butcher, cut, slice, portion,
grind, extract, cook, bake, cool, freeze, or package
(i) raw food for retail sale to consumers;
or
(ii) raw or ready-to-eat food
for distribution to a food service, market, or another consumer outlet;
and
(B) acidify, cure,
dehydrate, smoke, thermally process low-acid food, or reduce oxygen
package;
(102) "product
thermometer" means a quick-registering, metal-stem, numerically-scaled
thermometer, digital thermometer, thermocouple, thermistor, or other device
that, when the sensor is inserted into food or other substances, indicates the
temperature;
(103) "public open
house" means a business or organization that invites the general public to that
business or organization as part of an event at which food is served;
(104) "public water system" has the meaning
given in
18 AAC 80.1990;
(105) "pushcart" means a wheeled,
nonmotorized mobile food unit, manually movable by one or two persons, and
containing on or within the cart sufficient food, utensils, paper products,
cleaning supplies, potable water supply, and wastewater holding capacity
necessary for operating daily;
(106) "qualified laboratory" means a
laboratory that uses the procedures in the Standard Methods for the
Examination of Water and Wastewater to analyze physical, chemical, or
microbial constituents of food; the Standard Methods for the
Examination of Water and Wastewater is adopted by reference in
18 AAC
31.011;
(107) "ready-to-eat" means food that is in a
form that is edible without additional cooking, processing, or preparation to
achieve food safety, and that is reasonably expected to be consumed in that
form; "ready-to-eat" includes
(A) an animal
food that
(i) has been properly cooked or
frozen to destroy parasites; or
(ii) is a raw or partially cooked animal food
served to a consumer who is advised as specified in
18 AAC 31.060;
(B) raw fruits and vegetables that are
washed;
(C) fruits and vegetables
that are cooked for hot-holding;
(D) a plant food for which further washing,
cooking, or other processing is not required for food safety, and from which
rinds, peels, husks, or shells, if naturally present, are removed;
(E) substances derived from plants such as
spices, seasonings, and sugar;
(F)
a bakery item such as bread, cake, pie, filling, or icing for which further
cooking is not required for food safety;
(G) dry, fermented sausages;
(H) salt-cured meat and poultry products;
and
(I) dried meat and poultry
products and low acid foods that have been thermally processed and packaged in
hermetically sealed containers;
(108) "recognized processing authority" means
a qualified person with expert knowledge acquired through appropriate training
and experience in the specific process that person is evaluating, including
acidification, thermal processing, or atmosphere packaging;
(109) "reconstituted" means dehydrated food
combined with potable water or another liquid;
(110) "reduced oxygen packaging"
(A) means, for a food for which the hazards
Clostridium botulinum or Listeria
monocytogenes require control in the final packaged form, the
reduction of the amount of oxygen in a package by removing the oxygen,
displacing and replacing the oxygen with another gas or combination of gases,
or otherwise controlling the oxygen content in a package to a level below that
normally found in the surrounding atmosphere, which is 21 percent at sea level;
and
(B) includes controlled
atmosphere packaging, cook chill packaging, modified atmosphere packaging,
vacuum packaging, and sous vide packaging; for purposes of
this subparagraph "sous vide packaging" means a specialized
process of reduced oxygen packaging, in which raw or partially-cooked food is
placed in a hermetically-sealed, impermeable bag, cooked in the bag, rapidly
chilled, and refrigerated at a temperature that inhibits the growth of
psychotrophic pathogens;
(111) "refrigeration" means a mechanical
means to maintain product temperatures at 41º F or below;
(112) "reminder" means a written statement
concerning the health risk of consuming animal foods raw, undercooked, or
without otherwise being processed to eliminate pathogens;
(113) "restricted food service transient
occupancy establishment" means a business establishment with 12 guestrooms or
less that
(A) provides, for compensation,
overnight transient occupancy accommodations for no more than 24 individuals;
and
(B) serves to the guests only a
continental breakfast or a breakfast that is cooked and immediately served, the
cost of which is included in the charge for the accommodations;
(114) "retail bakery" means a type
of market where baked food items, such as breads, cookies, rolls, muffins,
pies, and cakes, are processed for onsite retail sale to consumers;
(115) "retail meat market" means a type of
market where limited processing of meat for onsite retail sale to consumers
occurs, including
(A) cutting and trimming
carcasses, halves, quarters, or wholesale cuts into retail cuts, such as
steaks, chops, and roasts;
(B)
grinding;
(C) thawing;
(D) freezing;
(E) portioning; and
(F) packaging;
(116) "retail seafood market" means a type of
market where raw or ready-to-eat seafood products are displayed for onsite
retail sale to consumers; "retail seafood market" includes limited processing,
including
(A) cutting whole fish into retail
cuts;
(B) preparing retail products
from raw or precooked ingredients; and
(C) breaking bulk shipments and repackaging
seafood products, except for repackaging molluscan shellfish subject to 18 AAC
34;
(117) "risk factor"
means an improper practice or procedure identified as a prevalent contributing
factor of foodborne illness or injury; "risk factor" includes unsafe sources,
inadequate cooking, improper holding, contaminated food-contact surfaces, and
poor personal hygiene;
(118) "risk
factor or intervention violation" means
(A)
the food establishment is not adequately supervised, as specified in
18 AAC 31.320 or
18 AAC 31.325, or food workers do not have food worker
cards, as specified in
18 AAC 31.330;
(B) the food establishment does not have or
follow an employee health policy, as specified in
18 AAC 31.300;
(C) an individual working in the food
establishment is not practicing strict standards of cleanliness or personal
hygiene, as specified in
18 AAC 31.310 or
18 AAC 31.315;
(D) handwash facilities are not installed,
located, maintained, supplied, or accessible, as specified in
18 AAC 31.416 or
18 AAC 31.525;
(E) an individual working in a food
establishment is not handling ready-to-eat food using suitable utensils to
prevent bare hand contact, as specified in
18 AAC 31.220;
(F) food used in the food establishment is
not from an approved source, as specified in
18 AAC 31.200 or
18 AAC 31.250;
(G) food used in the food establishment is
unwholesome, adulterated, or not safe for human consumption;
(H) potentially hazardous food received,
stored, prepared, processed, displayed, served, or transported in a food
establishment is not cooked, cooled, reheated for hot-holding, or held at
proper temperatures and times, as specified in
18 AAC 31.230 -
18 AAC 31.236;
(I) food is not separated and protected from
contamination, as specified in
18 AAC 31.222 -
18 AAC 31.226;
(J) food-contact surfaces are not washed,
rinsed, or sanitized, as specified in
18 AAC 31.420 -
18 AAC 31.424;
(K) food is not properly discarded or
reconditioned, as specified in
18 AAC 31.228;
(L) labeling, placarding, or consumer
advisories are not provided, as specified in
18 AAC 31.060;
(M) food or food preparation is not modified
for a highly susceptible population, as specified in
18 AAC 31.215;
(N) poisonous or toxic materials are not
labeled, stored, or used, as specified in
18 AAC 31.570; or
(O) a HACCP plan is not provided or followed,
as specified in 18 AAC 31.260, or the food establishment is not complying with
the terms of a variance granted under
18 AAC 31.930 or another procedure for a specialized
process;
(119) "spp."
means species;
(120) "safe" means,
with respect to an article, manufactured from or composed of materials that are
not reasonably expected to result, directly or indirectly, in their becoming a
component or otherwise affecting the characteristics of food, including the
food's flavor, color, and microbial quality;
(121) "sanitization" or "sanitized" means the
application of cumulative heat or a chemical on a cleaned food-contact surface
that, when evaluated for efficacy, is sufficient to yield a reduction of five
logs, which is equal to a 99.999 percent reduction, of representative disease
microorganisms of public health importance;
(122) "scheduled process" means the process
selected by the operator of a food processing establishment as adequate under
the conditions of manufacture for a given product to achieve commercial
sterility, and which is at least equal to the process established by a
recognized processing authority to achieve commercial sterility;
(123) "seafood"
(A) includes
(i) salt-water fish, freshwater fish,
amphibians, crustaceans, mollusks, and any other species of aquatic animal
intended for human consumption; and
(ii) any part or byproduct of any species of
aquatic animal intended for human consumption;
(B) does not include aquatic plants, birds,
or mammals;
(124)
"sealed" means free of cracks or other openings that allow entry or passage of
moisture, grease, or other liquid;
(125) "service animal" means an animal,
including a guide dog, signal dog, or other animal, individually trained to
provide assistance to an individual with a disability;
(126) "Shiga toxin-producing
Escherichia coli" means E. coli capable of
producing Shiga toxins, also called verocytotoxins or "Shiga-like" toxins;
"Shiga toxin-producing Escherichia coli" includes serotype
O157 and non-O157 E. coli;
(127) "shucked molluscan shellfish" means
molluscan shellfish that have one or both shells removed;
(128) "single-service" means items that are
provided to the consumer and designed to be used by one person and then
discarded; "single-service" includes disposable cups, containers, lids,
closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins,
placemats, and toothpicks;
(129)
"single-use" means utensils and food containers that are used by employees in a
food establishment and that are designed and constructed to be used once and
then discarded; "single-use" includes wax paper, aluminum foil, butcher paper,
plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets,
bread wrappers, pickle barrels, milk bottles, juice containers, and other
containers that do not meet materials, durability, strength, and cleanability
specifications for multi-use utensils under this chapter;
(130) "snack" means food served between meals
consisting of prepackaged nonpotentially hazardous food that requires minimal
handling or fruits and vegetables that require only washing or
peeling;
(131) "soil" or "soiled"
means dust, dirt, food particles, grease, or other debris;
(132) "standard operating procedure" means a
written document that specifies practices to address measure to prevent food
from becoming contaminated due to various aspects of food environment at an
establishment;
(133) "sulfiting
agent" means a chemical that contains sulfur and that is used to treat food to
increase shelf life and enhance appearance; "sulfiting agent" includes sulfur
dioxide, sodium sulfite, sodium bisulfite, potassium bisulfite, sodium
metabisulfite, and potassium metabisulfite;
(134) "supermarket" means a food
establishment that contains a grocery and that also contains two or more other
types of operations that are subject to the permit and fee requirements of this
chapter;
(135) "sushi" means an
assembled food product, usually containing rice wrapped in seaweed, that may or
may not contain raw seafood;
(136)
"tableware" means multi-use eating and drinking utensils;
(137) "temperature measuring device" means a
thermometer, thermocouple, thermistor, or other device that indicates the
temperature of food, air, or water; "temperature measuring device" includes a
product thermometer;
(138)
"temporary food service" means a type of food service that is kept at one
location for no more than 21 consecutive days in conjunction with a single
event, or operates at the same location no more than two days in any one week
for a time period of not more than 120 days;
(139) "thermal process" or "thermal
processing" means the application of heat to render food free of microorganisms
that are capable of reproducing in the food under normal nonrefrigerated
conditions of storage or distribution;
(140) "traditional wild game meat" means game
meat that is from wild animals commonly found in and consumed by people in this
state; "traditional wild game meat" includes reindeer, caribou, moose, whale,
beaver, goat, muskrat, hare, sheep, squirrel, duck, and geese;
(141) "USDA" means the United States
Department of Agriculture;
(142)
"unpasteurized juice" means juice that has not been specifically processed to
prevent, reduce, or eliminate the presence of pathogens, either through heat
pasteurization or in another manner allowed under
21
C.F.R. 101.17(g)(7), adopted
by reference in
18 AAC
31.011; "unpasteurized juice" includes a beverage
containing juice if the juice ingredient or the beverage has not been processed
as specified in this paragraph;
(143) "utensil" means a food-contact
implement or container used in the storage, preparation, transportation,
dispensing, sale, or service of food; "utensil" includes tableware that is
multi-use, single-service, or single-use, gloves used in contact with food,
spatulas, tissues, tongs, and temperature sensing probes of food temperature
measuring devices;
(144) "variance"
means a written document issued under
18 AAC 31.930;
(145) "vending machine" means a self-service
device that, upon insertion of a coin, paper currency, token, card, or key,
dispenses a unit serving of food, whether in a package or into a container,
without the necessity of replenishing the device between each vending
operation; "vending machine" does not include a semi-automated espresso machine
described in
18 AAC 31.630(c);
(146) "warehousing" means the storing of food
commodities before distribution, in a food establishment used primarily for
that purpose;
(147) "warewashing"
means the washing, rinsing, and sanitizing of food-contact surfaces;
(148) "water activity" means a measure of
free moisture in a food and is the quotient of the water vapor pressure of the
substance divided by the vapor pressure of pure water at the same
temperature;
(149) "wholesale"
means a food establishment that manufactures, packages, stores, repackages, or
transports food to another entity for resale or redistribution;
(150) "wholesome" means in sound condition
and free from spoilage, filth, and contamination.
(151) "microgreens" means edible stems and
greens of very young plants.
(152)
"food hub" means a market that works with food producers and other markets,
provides a platform for advertising and selling their food products, and has a
location where purchased food can be aggregated and made available to the
purchaser;
(153) "major food
allergen" has the meaning given in
21 U.S.C.
321(qq), adopted by
reference in
18 AAC
31.011;
(154) "marijuana concentrate" has the meaning
given in
3 AAC 306.990(b);
(155) "marijuana product" has the meaning
given in
AS
17.38.900;
(156) "potentially hazardous food" has the
meaning given in 18 AAC 31.975;
(157) "product water" has the meaning given
in 21 C.F.R. 129.3,
adopted by reference in
18 AAC
31.011;
(158) "retail marijuana store" has the
meaning given in
AS
17.38.900.
Notes
Authority:AS 03.05.011
AS 17.20.005
AS 17.20.010
AS 17.20.020
AS 17.20.040
AS 17.20.180
AS 17.20.230
AS 17.20.270
AS 17.20.290
AS 17.20.300
AS 17.20.340
AS 17.20.346
AS 18.35.120
AS 18.35.220
AS 44.46.020
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