§ 16.60.060. Applicability.  


Latest version.
  • A.

    Except as otherwise provided herein, the requirements of this chapter shall apply to premises, practices, and procedures of food establishments including each type of operation.

    B.

    The requirements of this chapter shall not apply to the following items as long as these food operations are regulated by state law:

    1.

    Milk, milk products and reindeer slaughtering and processing regulated by the state under 18 AAC 32;

    2.

    Seafood processing and inspection regulated by the state under 18 AAC 34;

    3.

    Food processing plants with a permit under state law to bottle drinking water; or

    C.

    The following activities and facilities are not subject to this chapter:

    1.

    Custom processing of an individual's sport-caught fish or game;

    2.

    A business, such as a convenience store, gift shop, video store, or student store, selling only prepackaged, non-TCS food from an approved source;

    3.

    A bake sale. For purposes of this subsection, "bake sale" means the occasional sale to the public at a fundraising event or a seasonal event, such as a fair or bazaar, of packaged jams, jellies, or confections, or bakery-type items, such as fruit or berry pies and cobblers, cakes, cookies, donuts, and breads. TCS food, including bakery-type items containing fillings or toppings comprised of or containing a TCS food, such as custard, whipped cream, or meringue, shall not be sold at a bake sale;

    4.

    A person or business distributing or selling only popcorn (including flavored popcorn), cotton candy, pre-packaged ice cream novelties, powdered non-dairy drinks with single service items, fresh-squeezed lemonade made with sugar, black coffee with single-service items, or coffee offered with non-dairy creamers and served with single-service items;

    5.

    A school or licensed child care center serving only snacks;

    6.

    Continental breakfasts or breakfasts cooked and immediately served at a bed and breakfast;

    7.

    The extraction of raw honey;

    8.

    The packaging or sale of extracted or unextracted raw honey;

    9.

    The packaging and sale of raw, whole vegetables and fruit at a farmers market, a roadside stand, or a seasonal event, such as a fair, if the vegetables and fruit are offered in their natural state or after rinsing, trimming of unnecessary parts, or separating greens from roots;

    10.

    The harvesting and evaporation of tree sap. However, further processing of tree sap, including packaging, is subject to this chapter;

    11.

    Food served in conjunction with the following activities, if the food is prepared or provided by and for members of the group and their invited guests:

    a.

    A private event as defined in this chapter; or

    b.

    A free, community picnic held by a community council, which may be open to the public.

    c.

    The occasional food preparation as a part of a curriculum in a school or child care center.

    12.

    Food prepared and served at an assisted living home, as defined in AS 47.33.990, with five or fewer residents;

    13.

    The harvesting or cleaving of glacier ice, if the glacier ice is exported from the state without further processing; and

    14.

    A food establishment within a federal facility or property where inspections and regulatory oversight are provided by the federal government.

(AO No. 2009-40(S), § 1, 7-21-09; AO No. 2009-102, § 1, 8-25-09, eff. 1-1-10; AO No. 2017-162 , § 4, 12-19-17)