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 Alaska Administrative Code (Last Updated: January 12, 2017)
 Title 18. Environmental Conservation.
 Chapter 18.31. Alaska Food Code.
 Article 18.31.1. General Operating and Permit Requirements.

  Section 18.31.915. Civil fines.  

Latest version. 
  • 	(a)  The department may, without prior warning, notice, or hearing, assess a civil fine of not more than $1,000 for each violation for a serious or repeat violation of this chapter as listed in Table K of this subsection.  
                                   TABLE K
                              SCHEDULE OF FINES
     VIOLATION      AMOUNT FOR         AMOUNT FOR         AMOUNT FOR
                    FIRST OFFENSE      SECOND OFFENSE     THIRD AND
                                                          SUBSEQUENT OFFENSES
Operating without a
permit in violation
of 18 AAC 31.020    2 times the amount
                    of the annual
                    permit fee
                    specified in 18
                    AAC 31.050         2 times the amount
                                       of the annual
                                       permit fee
                                       specified in 18
                                       AAC 31.050         2 times the amount
                                                          of the annual
                                                          permit fee
                                                          specified in  18
                                                          AAC 31.050
Labeling,
placarding, or
consumer advisories
not provided in
violation of 18 AAC

31.060              $250               $500               $1,000
Food is from an
unapproved source
in violation of 18
AAC 31.200          $250               $500               $1,000
Food sold, served,
or used in the
establishment is
unwholesome,
adulterated, or not
safe for human
consumption in
violation of AS
17.20.020 or
17.20.030, or 18
AAC 31.200          $250               $500               $1,000
Food and food
preparation for a
highly susceptible
population not
modified where
required in
violation of 18 AAC

31.215              $250               $500               $1,000
Ready-to-eat food
not protected from
contamination from
raw food in
violation of 18 AAC

31.221              $250               $500               $1,000
Handling
ready-to-eat food
with bare hands in
violation of 18 AAC

31.220              $250               $500               $1,000
Potentially
hazardous food not
cooked, cooled, or
held during
receiving, storage,
preparation,
processing,
display, service,
or transportation
at required
temperatures and
times of violation
of 18 AAC 31.230 -
18 AAC 31.234       $250               $500               $1,000
Potentially
hazardous food not
discarded as
required where time
is used as a public
health control in
violation of 18 AAC

31.236              $250               $500               $1,000
Re-service of
potentially
hazardous food or
unwrapped food that
has previously been
served or sold to a
consumer in
violation of 18 AAC

31.226              $250               $500               $1,000
An employee who has
a condition
described in 18 AAC

31.300 handles food $250               $500               $1,000
A person working in
a food
establishment is
not practicing
strict standards of
cleanliness or
personal hygiene,
including
handwashing, in
violation of 18 AAC

31.310 or 18 AAC

31.315, the results
of which might be a
foodborne illness   $250               $500               $1,000
Handwashing
facilities not
installed,
maintained, or
accessible in
violation of 18 AAC

31.416 or 18 AAC

31.525              $250               $500               $1,000
Food-contact
surfaces are not
washed, rinsed, or
sanitized
effectively in
violation of any
provision of 18 AAC

31.422 - 18 AAC

31.424              $250               $500               $1,000
Water is from an
unapproved public
water system if the
system is required
to be approved, or
water is not
potable in
violation of 18 AAC

31.500              $250               $500               $1,000
A water system does
not provide hot and
cold running water
under pressure as
required by this
chapter, or has a
cross-connection
with a nonpotable
supply or a back
siphonage potential $250               $500               $1,000
Sewage or liquid
waste not disposed
of in an approved
manner in violation
of 18 AAC 31.510    $250               $500               $1,000
Insects, rodents,
or other prohibited
animals are on the
premises in
violation of 18 AAC

31.535 or 18 AAC

31.575              $150               $300               $600
Poisonous or toxic
material improperly
labeled, stored, or
used in violation
of 18 AAC 31.570    $250               $500               $1,000
A HACCP plan is not
provided as
required in
violation of  18
AAC 31.710          $250               $500               $1,000
Standard operating
procedures or
self-assessments
are not implemented
or conducted where
required in
violation of 18 AAC

31.902              $250               $500               $1,000
A violation of
another requirement
of  18 AAC 31 not
listed above        $0                 $200               $400
	(b)  For the purpose of determining whether a civil fine is assessed under this section, the department will consider aggravating or mitigating factors, including   
		(1) the history of previous violations by the operator or establishment;  
		(2) the seriousness of the violation, including actual or potential hazard to the health and safety of the public;  
		(3) whether the violation occurred due to negligence or intentional conduct;  
		(4) whether the operator has demonstrated good faith efforts to achieve rapid compliance after notification of a violation, including the operator's current status of compliance  and the number of continuing violations;  
		(5) the actual or potential economic gain to the operator by violating a provision of this chapter;  
		(6) enforcement costs incurred by the department relating to the violation; and  
		(7) payment of civil fines previously assessed for same violation.  
	(c)  After the department assesses a civil fine under this section, the operator may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.200. This subsection does not affect a person's right to a hearing under AS 44.62  (Administrative Procedure Act).

Authorities

17.20.005;17.20.072;17.20.180;17.20.190;17.20.315;17.20.365;44.46.020

Notes


Reference

18 AAC 31.012