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Title 18 . Environmental Conservation
Chapter 31 . Administrative Enforcement
Section 535. Insect and rodent control

18 AAC 31.535. Insect and rodent control

(a) The operator of a food establishment shall ensure that insects, rodents, and other pests are eliminated from the premises. The department may require the operator to hire a commercial pest control applicator certified under 18 AAC 90 to handle an insect, rodent, or other pest problem if the operator does not demonstrate to the department's satisfaction that the operator has adequately controlled the problem with pesticides and traps, or if an imminent health hazard exists. If the department requires a certified commercial pest control applicator under this section, the operator shall provide documentation to the department detailing the actions taken by the applicator.

(b) The operator of a food establishment shall ensure that insect light traps and flypaper, if used in the establishment, are

(1) located so that dead insects cannot fall on food, food-contact surfaces, or clean equipment or utensils; and

(2) changed often enough to prevent a heavy accumulation of insects in the traps or on the flypaper.

(c) The operator of a food establishment shall ensure that

(1) food, utensils, and food-contact surfaces are completely protected while pesticides are used;

(2) pesticides and pesticide use comply with 18 AAC 90;

(3) pesticides are not stored

(A) next to or above food; or

(B) over a working surface, a food-contact surface, utensils, an ice maker, or other food equipment; and

(4) automatic dispensing aerosol units, if used, are

(A) prohibited in areas where food is prepared or served;

(B) installed and used only in areas beyond the influence of a ventilation system; and

(C) at least 20 feet from any processing, preparation, food or utensil storage, or warewashing area.

(d) The operator of a food establishment shall ensure that openings to the outside are effectively protected against the entrance of rodents, insects, and other pests by tight-fitting, self-closing doors, closed windows, screening, controlled air currents, or other means. Screening material must be tight-fitting, free from breaks, and not less than 16 mesh to the inch.

History: Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158

Authority: AS 17.20.005

AS 17.20.010

AS 17.20.072

AS 17.20.180

AS 17.20.290

AS 44.46.020

Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.535, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also amended 18 AAC 31.535(a) . Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.


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Last modified 7/05/2006