advocacy, advocacy education, cottage foods, general interest
Understanding Alaska's Proposed Food Code Regulation Change
By Rachel Lord, Advocacy and Policy Director, AFPC
On August 24th, 2024, Governor Dunleavy signed three bills into law including, HB251. Now referred to as “The Homemade Food Rule”, HB251 revised the Alaska Food Drug and Cosmetic Act Statute to create an exemption from permitting and inspection requirements for producers of homemade food products, with no cap on sales. HB251 created a new category of homemade foods that may be sold in Alaska and provides additional retail options for these products. Producers of homemade food products being sold in Alaska are now exempt from permitting and inspection requirements, and there is no sales cap (previously $25,000 annual sales in cottage food regulations). (Note that the state’s Homemade Food Rule does not supersede the Municipality of Anchorage or any other city cottage food regulations where they exist, which are allowed to be more restrictive than that of the state’s regulations.)
Read our October 2024 blog for more background information on HB251 and homemade, or “cottage” foods.
When the Alaska Statutes changed as a result of the passage of HB251, the Department of Environmental Conservation began the process of bringing the regulations, the rules passed by the administration to execute the laws passed by the Legislature, in line with the new law.
Currently, there are regulation changes proposed for public comment from ADEC. The change is described as updating the regulations to be in line with the new homemade food statutes. The Department is proposing to remove the exemption language under the Alaska Food Code that describes the restrictions on homemade foods that no longer exist under the law.
Since all of this can be a little confusing, we asked the staff at ADEC to answer a few questions to help stakeholders around Alaska better understand what is being proposed. Here are the answers from Kimberly Stryker, Program Manager.
According to the Alaska Department of Environmental Conservation’s Food Safety and Sanitation Program description, the proposed regulation change will remove a section of the Alaska Food Code to be consistent with the newly enacted Homemade Food laws. Can you please describe how this regulatory change does that?
“When the Homemade Food legislation became effective, the cottage food rules exempting the processing and sale of foods that did not require temperature control for safety (also called non-potentially hazardous) were moot. The Homemade Food exemption in statute expands exemptions to also include most foods that do require temperature control for safety (also referred to as potentially hazardous).”
If this regulatory change goes into effect, how will food producers know that they are exempt under the statutes?
“Food producers can read the Alaska Food, Drug, and Cosmetic Act at Alaska Statute 17.20 or they can go to our website where we have posted information that can help them understand what is exempt from the Alaska Food Code and what is subject to food safety standards.”
How are ADEC Food Code regulations enforced?
“The ADEC Food Code applies to food establishments that are required to have a permit to operate. The Alaska Food Code sets out minimum requirements for producing, handling, serving, and selling food safely. It is the food establishment’s responsibility to follow the rules and we provide education, conduct inspection work, and work with food establishments that have difficulty meeting the minimum standards. In situations where a food establishment is unable or unwilling to meet the minimum standards, we have different tools available to us to achieve compliance. We use the tool that is appropriate for each situation. This can range from requiring additional trained managers to a permit suspension or a civil fine. Our goal is to work with operations to help them produce, handle, and serve safe food to protect the health of the public.”
Are there any other things you think food producers should know about the proposed changes?
“There are two things that I’d like to offer:
First, we are aware that many people are interested in whether an activity they are thinking of doing needs to follow food safety regulations or not. If the person reading this is one of those people: we have worked hard to develop a comprehensive website that should help answer your questions. If you can’t find an answer to your question, please reach out to us and ask your question. That way, you know you are getting the right answer and we can update the website so that others can get that information, too.
Second, even if you do not need to follow minimum standards for food safety, you may want to educate yourself about what you can do to prevent foodborne illness. There are many resources available online and in the communities in Alaska that can give you basic information. Our website is a great place to start.“
If you have thoughts on the proposed repeal of 18 AAC 31.012(a), the deadline for public comment is February 10, 2025. You can read AFPC’s comments here.
