Ala. Admin. Code r. 420-3-22-.12
Current through Register Vol. 43, No. 1, October 31, 2024
Section 420-3-22-.12 - Temporary Food Service Establishments(1)General - (a) A temporary food service establishment shall comply with the requirements of these rules, except as otherwise provided in this rule. The Health Officer may impose additional requirements to protect against potential health hazards related to the conduct of the temporary food service establishment, may prohibit the sale of some or all time/temperature control for safety foods, and may waive or modify requirements of these rules after considering potential public health risks and no health hazard is reasonably expected to result due to mitigating factors including total length of time for the event of less than four days, event location, time of year, restricted menus, or other determining factors.(b) It shall be unlawful for any person to operate a temporary food service establishment unless such person possesses a valid permit issued by the Health Officer for the operation of such establishment.(c) A mobile food establishment that does not have its' commissary in the same county as the temporary event, or that does not return daily to its commissary during the course of the event, shall obtain a separate temporary food permit for the event.(2)Exemptions allowed(a) A temporary event sponsored by a political subdivision of this state or an agency or organization that is exempt from taxes or business license requirements may apply for an exemption from these rules for a temporary event of not more than three days (72 hours) duration, and shall be issued an exemption from the requirements of these rules, provided: 1. All food operations, from initial preparation, service to the consumer, and final clean-up and removal from the site, are completed within 72 hours,2. The event site location, the name of each food vendor, and a general description list of foods to be sold from each food vendor are supplied along with, and as a part of, the application for exemption at least five days prior to the date of the event, and3. The list of foods meets the restriction of Section (2)(d) of this rule, and(b) An exemption is for the event itself and shall apply only to vendors named in the application for an exemption. Individual temporary food service establishments may not receive an individual exemption apart from the event. Individual components of a multiple-day event, such as daily exhibitions as part of a multiple-day event, shall not be construed as separate events eligible for an exemption under this rule.(c) The Health Officer may issue a stop sale, seize or hold order for any food suspected of being the cause of a foodborne illness, regardless of whether the food is being sold, held, or otherwise processed at an exempt temporary event. Any person to whom such an order is issued shall comply immediately therewith.(d) An exemption shall not be construed as allowing the sale of low acid foods in a hermetically sealed container (for example, such as home-canned vegetables) when such food is not prepared in a permitted establishment.(3)Restricted operations - Only those time/temperature control for safety foods approved by the Health Officer for preparation or service at the temporary food service establishment shall be prepared or served.Ala. Admin. Code r. 420-3-22-.12
New Rule: Filed November 20, 1996; effective December 25, 1996. Amended: Filed June 10, 2002; effective July 15, 2002. Repealed and New Rule: Filed July 20, 2005; effective August 24, 2005. Amended and Adopt By Reference: Filed March 21, 2008; effective April 25, 2008. Amended: Filed February 20, 2013; effective March 27, 2013.Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 11, August 31, 2016, eff. 10/3/2016.Authors: Ronald Dawsey, Mark Sestak, Phyllis Fenn
Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 22-20-5.