CSSB 271(FIN): "An Act relating to oversight of food establishments by the Department of Environmental Conservation; establishing a Food Safety Advisory Group; and providing for an effective date."
00CS FOR SENATE BILL NO. 271(FIN) 01 "An Act relating to oversight of food establishments by the Department of 02 Environmental Conservation; establishing a Food Safety Advisory Group; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 44.46.020 is amended by adding a new subsection to read: 06 (b) Notwithstanding AS 03, AS 17, or (a) of this section, the Department of 07 Environmental Conservation may not inspect a mobile food unit that serves only 08 beverages and prepackaged food that are from an approved source and are not 09 potentially hazardous, as determined under regulations of the department, unless a 10 complaint has been made to the department about the mobile food unit with respect 11 to matters within the jurisdiction of the department. In this subsection, "mobile food 12 unit" means a type of food service located in a vehicle, trailer, or cart that is capable 13 of easily moving daily for servicing of water and wastewater holding tanks, that 14 operates out of an approved commissary, unless it is a self-contained mobile food unit,
01 and that has a menu that is usually restricted to service of specific food; a mobile food 02 unit, other than a pushcart, must be capable of being licensed by the state as a motor 03 vehicle and must be capable of moving without special conditions, such as a pilot car, 04 flagging, restricted hours of movement, or a state motor vehicle permit; except for one 05 ice chest and one barbecue grill placed immediately adjacent to a pushcart, a unit is 06 not considered as a "mobile food unit" if it does not completely retain its mobility or 07 is connected to water or sewer. 08 * Sec. 2. AS 44.46 is amended by adding a new section to read: 09 Sec. 44.46.026. Fees related to food establishments. (a) Notwithstanding 10 AS 44.46.025, the department may not 11 (1) with respect to a food establishment owned or operated by an 12 organization that is exempt from taxation under 26 U.S.C. 501(c) (Internal Revenue 13 Code), charge more than 50 percent of the fee charged to an organization that is not 14 exempt from taxation under 26 U.S.C. 501(c) (Internal Revenue Code) for the cost of 15 inspection, permit preparation and administration, plan review and approval, or other 16 service provided by the department under AS 17.20 for a similar food establishment; 17 (2) charge more than one inspection fee when the department inspects 18 more than one food service establishment if the food service establishments are 19 contained in one building and share the same kitchen; 20 (3) exempt a food establishment or type of food establishment from a 21 fee under AS 44.46.025 unless authorized by a law specifically referring to 22 exemptions. 23 (b) In this section, 24 (1) "food establishment" means the premises where an activity occurs 25 that is related to the preparation, processing, packaging, storage, transportation, display, 26 sale, service, or salvaging of food for human consumption, except that "food 27 establishment" does not include a private dwelling, including a vessel used solely as 28 a private dwelling, where food is prepared for consumption by family members or 29 nonpaying guests; 30 (2) "food service establishment" means a food establishment where 31 food intended for service to individuals for consumption is prepared and provided, or
01 simply provided ready to eat, whether consumption is on or off the premises, with or 02 without charge. 03 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 FOOD SAFETY ADVISORY GROUP. (a) There is established in the Department 06 of Environmental Conservation a Food Safety Advisory Group composed of five members 07 appointed by the president of the senate and the speaker of the house with one member 08 appointed from each of the following: 09 (1) the Cabaret, Hotel, Restaurant and Retailers Association; 10 (2) a company that has a food establishment in a rural area of the state; 11 (3) child care facility operators; 12 (4) an organization that represents seafood processors in the state; 13 (5) an organization that represents small businesses in the state. 14 (b) The Administrative Regulation Review Committee shall provide staff for the Food 15 Safety Advisory Group. This staff shall, at the direction of the Food Safety Advisory Group, 16 prepare the written report required under (c) of this section. 17 (c) The Food Safety Advisory Group and the Department of Environmental 18 Conservation shall meet during the interim in order to jointly develop written 19 recommendations to be given to the legislature by January 15, 2001, concerning the following 20 matters: 21 (1) the appropriate time interval between the department's routine inspections 22 of food establishments; 23 (2) the appropriate level of fees that each type of food establishment should 24 pay toward the cost of the department's oversight of the establishment; and 25 (3) whether a flat fee should be assessed on different types of food 26 establishments based on the risk level of their operations. 27 (d) Members of the Food Safety Advisory Group are not entitled to compensation for 28 services with the group, but are entitled to per diem and travel expenses authorized for boards 29 under AS 39.20.180. 30 (e) In this section, "food establishment" has the meaning given in AS 44.46.026. 31 * Sec. 4. Section 3 of this Act takes effect immediately under AS 01.10.070(c).
01 * Sec. 5. Sections 1 and 2 of this Act take effect January 1, 2001.