18 AAC 31.915 - Civil fines

Current through September 28, 2021

(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 31.260 $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 AS 44.62 (Administrative Procedure Act). An adjudicatory hearing may be requested by submitting a request to the commissioner not later than 30 days after the notice of assessment of the civil fine. Upon receipt of a timely request for an adjudicatory hearing, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for a hearing and recommended decision under 2 AAC 64.100 - 2 AAC 64.990 to the commissioner or to the commissioner's designee if the designee is a person other than the person who assessed the civil fine.


18 AAC 31.915
Eff. 12/28/2006, Register 180; am 11/5/2017, Register 224, January 2018; am 6/25/2020, Register 234, July 2020

Authority: AS 17.20.005

AS 17.20.072

AS 17.20.180

AS 17.20.190

AS 17.20.315

AS 17.20.365

AS 44.46.020

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