18 AAC 31.945 - Delegation of authority

Current through September 28, 2021

(a) Except as provided in (h) of this section, the department may delegate to a municipality the authority to implement the requirements of this chapter that apply to a food service or to a market, upon approval of an application for delegation.
(b) A municipality seeking delegation must provide documentation to the department that demonstrates that the municipality's proposed program has
(1) funding, staff, and equipment necessary to accomplish compliance with the terms and conditions of the delegation;
(2) an inspection and enforcement program that determines and documents compliance;
(3) insurance to cover any personal injury or property damage and that adequately protects the state;
(4) an ongoing employee training and verification program that ensures uniformity among regulatory staff in the interpretation and application of laws; and
(5) regulatory requirements that include provisions at least as protective of public health as those contained in this chapter.
(c) The department may request information in addition to that provided under (b) of this section that the department considers necessary to determine whether the department will delegate authority to the municipality.
(d) For a delegation that the department has approved under this section to be valid, the department and the individual with administrative management authority for the municipality must sign the delegation. The delegation must include, at a minimum, terms and conditions that set out the following:
(1) the right of the department periodically to audit the municipality to ensure compliance with the terms and conditions of the delegation;
(2) the right of the department to require an annual report summarizing the establishments that the municipality permitted or otherwise approved or inspected, including information on the findings of the inspections, to allow the department to report on food safety statewide;
(3) indemnification of the state against any liability, losses, or damages arising out of or in any manner connected with the department's delegation under this section; and
(4) the right of the department to terminate the delegation if the department determines
(A) a threat to public health or consumer protection exists; or
(B) that the delegation is not in the public interest.
(e) If the department has cause to believe, based on an audit conducted under (d) of this section or other information, that the municipality is not in compliance with the terms and conditions of the delegation or with this chapter, a threat to public health or consumer protection exists, or the delegation is not in the public interest, the department will
(1) notify the municipality in writing of
(A) the areas of concern or in which the department has determined that the municipality is failing to comply; and
(B) the reasons for the department's determination; and
(2) provide the municipality 30 days after receiving the notification under (1) of this subsection to
(A) explain why the municipality disagrees with the department's determination; or
(B) outline the steps that the municipality is taking or proposes to take to correct the areas of concern or noncompliance.
(f) After reviewing the information received under (e) of this section, the department may, as necessary to serve the interests of public health,
(1) revoke the delegation if the department finds that the delegation is no longer in the public interest or that the municipality is not in compliance with the terms and conditions of the delegation, or with this chapter, and that the municipality is not likely to come into compliance;
(2) periodically review the actions of the municipality until compliance is achieved if the department finds that the municipality is not in compliance with the terms and conditions of the delegation but that the municipality is taking sufficient steps to come into compliance; or
(3) modify the delegation.
(g) If the department modifies or revokes a delegation under this section, the department will send a notice to the municipality stating that, based on the department's written findings under (f) of this section, that the delegation will be revoked or modified, effective immediately, unless the notice gives a specific date on which the revocation or modification becomes effective.
(h) A delegation under this section does not apply to food that is processed and intended for interstate commerce.
(i) A municipality may not further delegate a delegation under this section.

Notes

18 AAC 31.945
Eff. 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

Authority:AS 17.20.005

AS 17.20.072

AS 44.46.020

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