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Title 18 . Environmental Conservation
Chapter 31 . Administrative Enforcement
Section 625. Mobile retail vendors

18 AAC 31.625. Mobile retail vendors

(a) In addition to the other applicable requirements of this chapter, a mobile retail vendor selling

(1) only prepackaged food shall

(A) store excess food and supplies at an approved commissary;

(B) provide refrigeration and freezer units if needed to maintain potentially hazardous food at the temperatures required by 18 AAC 31.230; and

(C) keep the unit clean;

(2) whole, gutted, or gilled fish that has not been further processed

(A) shall wash raw fish at

(i) a seafood processing facility permitted under 18 AAC 34; or

(ii) a commissary approved by the department under 18 AAC 31.620(b) (3);

(B) shall provide adequate refrigerator, freezer, or ice chests of adequate capacity to store all seafood products and maintain refrigeration temperatures of 41ΓΈ F or below or freezer temperatures of 0ΓΈ F or below, except as specified in 18 AAC 31.410(k) ;

(C) shall drain, wash, rinse, and sanitize refrigerators and ice chests after each day's operation;

(D) shall use single-service gloves, tongs, tissues, or other utensils to minimize hand contact with the unpackaged product;

(E) may not process seafood at the mobile unit; and

(F) shall keep the unit clean; and

(3) unpackaged processed seafood shall

(A) operate out of a seafood processing facility permitted under 18 AAC 34 or commissary approved by the department under 18 AAC 31.620(b) (3);

(B) return to the commissary or seafood processing facility daily for cleaning and sanitizing of equipment and utensils;

(C) provide approved and adequate handwashing; this may include, at a minimum,

(i) a container with a minimum capacity of two gallons, equipped with a faucet-type spigot, and filled with warm water; if a container is uninsulated, a means to heat water must also be provided;

(ii) a container to catch wastewater from handwashing; and

(iii) soap and single-service towels; and

(D) use single-service gloves, tongs, tissues, or other utensils to minimize hand contact with the unpackaged product.

(b) A mobile retail vendor need not provide sanitary facilities as required under 18 AAC 31.500 - 18 AAC 31.525 if the unit serves only prepackaged food that meets the requirements of this chapter.

(c) The exemption in (b) of this section does not relieve a mobile retail vendor from complying with requirements of the Department of Labor and Workforce Development.

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 17.20.020

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 31.625, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also amended 18 AAC 31.625(a) (2), and (a)(3)(A)-(B), and added a new subsection. 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