advocacy, advocacy education
Making Sense of Statutes and Regulations in Alaska’s Food Systems
By Rachel Lord, Advocacy and Policy Director, AFPC
In August 2025, Governor Dunleavy announced a new administrative order (AO) – AO 360 – directing all state agencies to embark on a review and reduction of regulations beginning immediately with a goal of reducing regulations across the board by 15% by December 2026, and 25% by December 2027. This sweeping AO, with its expedited timeline and broad language, has raised a lot of questions across the State, trying to understand both the process and implications of this directive.
As Public Notices are released for public input, we are going to lay out the basics of what regulations are, within the context of the state government as a whole.
We can think of the state legal landscape as a funnel. At the top, we have the Alaska Constitution, which outlines the structure, powers, and limits of the state government. We love this Citizen’s Guide to the Alaska Constitution! Next, we have the laws of the state – the Alaska Statutes (AS). Statutes are laws passed by the State Legislature, adopted by bills that are introduced and run through the legislative process. Statutes have to be Constitutional, and they can’t run afoul of federal laws or the United States Constitution. The departments of the state, also referred to as the Administration or the Executive branch, then develop rules to implement the laws. These are regulations – also called Code, or, formally, the Alaska Administrative Code (AAC).
There are specific laws, set by the Legislature in statutes, that outline the authority and process that the executive branch must use to develop, adopt, and enforce regulations. This is called the Administrative Procedure Act, AS 44.62. The Department of Law is required to, by statute, provide guidance to departments on drafting regulations and to enforce compliance. You can get deep into some weeds here, in the Drafting Manual for Administrative Regulations. Importantly, unless deemed an emergency, departments are required by law to provide public notice and undergo a public process when they are proposing any new or changing regulations and when regulations are adopted.
There’s not always a bright line or hard rule about what should be a statute and what should be a regulation. Statutes are typically harder to change, as they require an act of the legislature through the passage of a bill, requiring a majority vote of a 60-member legislature.
Researching Code & Statute
Organized into 47 Titles, with each Title having a series of Chapters. The Chapters are further broken down into Articles and Sections.
AAC = Alaska Administrative Code
Organized into 23 Titles, with each Title having a series of Chapters which are further broken down into Articles and Sections.
We’ll look at an example around food to help illustrate the differences and relationships between statutes and regulations in Alaska.
Step 1: The Law (Statute)
Alaska Statutes Title 17, Chapter 20 – Alaska Food, Drug, and Cosmetic Act
→ AS 17.20
This statute says that the Department of Environmental Conservation (DEC) may create regulations related to food sold to the public. The statutes in this chapter provide definitions, and overarching laws around consumer protection, food standards, labeling, and more.
These are broad public health mandates that the DEC is responsible for making sure are followed by food businesses across Alaska. But the statute doesn’t specify how to do so. That’s where the regulations come in!
Step 2: The Regulation (Administrative Code)
18 AAC 31 Alaska Food Code
The Alaska Food Code provides detailed standards for food facilities, food handling, storage, sanitation, and more. It tells food businesses and servers exactly how the state expects food safety requirements to be met.
Step 3: How They Connect – An Example
| Level | Citation | Summary | Purpose |
| Statute | AS 17.20.020 – Adulterated Food | Makes it illegal to sell or serve food that could make people sick, including food that was prepared in conditions where it may have been contaminated with filth. | Establishes the broad legal standard |
| Regulation | 18 AAC 31.310 – Handwashing | Requires very specific hygiene practices on handwashing for food workers, including where, when, and how handwashing should occur. | Provides the detailed methods to prevent food adulteration |
Step 4: In Practice
If an inspector finds that food workers are not washing their hands after using the bathroom:
- The violation would be written under 18 AAC 31.310 – Handwashing.
- The legal justification for enforcement traces back to AS 17.20.020, because the unsanitary practice risks creating adulterated food.
So again, the statute defines the goal (food must be safe), and the regulation defines the process (wash hands for at least 10-15 seconds in a designated handwash sink, etc.).
Fall 2025:
If you have regulations you are concerned about but aren’t sure where or how to submit comments under the Governor’s Administrative Order, AFPC will try and help you navigate the flood of public notices. Use this form to share what you know, and we’ll get back to you as soon as possible!
