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Alaska Food Code regulations allow the sale of non-potentially hazardous (does not require temperature control for safety) foods directly to the consumer without a permit if certain conditions are met.
What Does a Producer Need to do to Fall Under this Exemption?
- Keep and provide detailed knowledge about the ingredients of the food product and how it was processed, prepared, and packaged.
- Have the food product recipe or formulation available in case there is ever a concern about the safety of the product. For pickled or dried product the producer needs to have information available about the pH or water activity.
- Process, prepare, package, and sell the product only in Alaska
- Sell directly to the consumer by an individual who knows what ingredients were used to make the product and how the food was prepared and packaged. This individual must be able to answer consumers’ questions about the product, including whether allergens are present in the food product.
- Do not distribute or sell the product to stores, restaurants, by mail order, or on consignment.
- Keep total gross receipts of sales of food items to show gross sales do not exceed $25,000 within a calendar year.
- If the food is not prepared in a permitted, approved, or inspected kitchen, inform the consumer by a card, placard, sign, or label placed in a conspicuous area that states the following: “THESE PRODUCTS ARE NOT SUBJECT TO STATE INSPECTION.”
- Label packaged food with either: an Alaska Business License number OR the name, physical address, and telephone number of the individual who prepared the food. This allows DEC to trace the product back to the producer if there is a problem or complaint.
What is Non-Potentially Hazardous Food?
These are foods that do not support the growth of dangerous bacteria because of their water activity values, pH values or a combination of the two. A good method to determine whether a product is non-potentially hazardous is to note whether it requires refrigeration to keep it safe or preserve it. If it does not require refrigeration, it is most likely non-potentially hazardous.
If a producer is unsure about the safety of their product or whether it requires refrigeration for safety, lab testing may be required. Be sure to contact the local Cooperative Extension Office or DEC for more information.
What Are pH and Water Activity?
The pH is a scientific measure of how “acidic” or “basic” a substance is. Scientists measure pH on a scale of 0 to 14. A lower value on the pH scale indicates the substance is more acidic whereas a higher value indicates the substance is more basic. Foods like water and milk are considered “neutral” with a pH value of about 7.0. Lemonade and vinegar are “acidic” with a pH between 2 and 4. Materials like laundry detergent and ammonia are “basic” with pH values of 11-12. Food products at a pH of 4.6 or lower will control the growth of dangerous bacteria which can cause Botulism.
Water activity is measured by how tightly bound the water is in the food product. Water activity is measured on a scale from 0 (bone dry) to 1.0 (pure water). Most food products have a water activity in the range of 0.2 for very dry foods to 0.99 for moist, fresh foods. Water activity is not the same thing as moisture content, however. While moist foods are likely to have greater water activity than dry foods, this is not always true. Water activity is important because it can be used to predict the growth of harmful bacteria, yeasts and molds. Food products with low water activity will last longer on the shelf because they do not provide a good environment for pathogens to grow.
Some foods may not require refrigeration because they have a combination of low water activity and an acidic pH. Testing product for water activity and pH allows producers to decide whether their product requires refrigeration or not.
How Do I Get My Products Tested?
The Alaska State Environmental Health Laboratory can test your food products for pH and water activity for a small fee. The cost for pH testing is $20 per sample, and the cost for water activity testing is $10 per sample.
Sending Samples to the Lab
- Download a Sample Submission Form from the laboratory website. Fill it out with your personal contact information, including an email address and information about the product.
- Carefully package and seal your product to prevent drying or leaking in shipping. The laboratory needs 8 ounces of product to test for both pH and water activity.
- Place a form of payment, the completed Sample Submission Form, and the sample in a package and ship to:
- Alaska State Environmental Health Laboratory
- 5251 Dr. Martin Luther King, Jr. Avenue
- Anchorage, AK 99507-1293
Call 907-375-8231, or email [email protected] to let them know you have shipped your package. You can expect results via email 5-10 business days after the package is received by the laboratory. If you need quicker results, let the lab know and they will expedite as quickly as they can!
What Foods Are NOT Exempt?
Potentially hazardous foods that require time and/or temperature control for safety are not allowed to be produced under this exemption. Examples of foods not allowed include:
- Meat and meat products including fresh and dried meats (jerky)
- Fish and fish products (e.g. smoke salmon, canned salmon, etc.)
- Raw seed sprouts
- Garlic in oil mixtures
- Baked products that require refrigeration (e.g. cheesecake, custards, lemon meringue)
- Dairy products (including ice cream)
- Non-acidic canned foods (i.e. canned vegetables that are not pickled or fermented)
- Fresh vegetable juices
- Food products made with cooked vegetable products that are not acidified
- Bottled Water
- Cold brew coffee