Exempt from permit (2009 FDA Food Code 8-301.12).

(1) The regulatory authority may exempt a person from the provisions of WAC 246-215-08600(1) and 246-215-08300 of this chapter in order to operate without a food establishment permit, if the person meets the other provisions of this chapter, including not using any food prepared in a residential kitchen or other nonapproved facility, and the types of food served are limited to those specified in subsection (4) of this section.
(2) The person requesting a permit exemption under subsection (1) of this section shall submit a written application for an exemption on a form provided by the regulatory authority at least 14 calendar days before providing food service, or as otherwise required by the regulatory authority.
(3) The person requesting a permit exemption under subsection (1) of this section shall submit properly prepared plans and specifications of the food service facilities and equipment if the regulatory authority requires it, based on a review of the application for an exemption submitted under subsection (2) of this section.
(4) The person requesting a permit exemption under subsection (1) of this section shall limit food handling to one or more of the following foods:
(a) Popcorn and flavored popcorn prepared from commercially packaged nonpotentially hazardous food ingredients;
(b) Cotton candy;
(c) Dried herbs and spices processed in an approved facility;
(d) Crushed ice drinks containing only nonpotentially hazardous food ingredients and dispensed from a self-contained machine that makes its own ice. Drinks with potentially hazardous food, snow cones, and shaved ice are not included;
(e) Corn on the cob prepared for immediate service;
(f) Whole peppers roasted for immediate service;
(g) Roasted nuts, roasted peanuts, and roasted candy-coated nuts;
(h) Chocolate-dipped ice cream bars prepared from prepackaged ice cream bars produced in a food processing plant;
(i) Chocolate-dipped bananas prepared from bananas peeled and frozen in an approved facility; and
(j) Individual samples of nonpotentially hazardous sliced fruits and vegetables.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, ยง 246-215-08305, filed 1/17/13, effective 5/1/13.]
Site Contents
Selected content listed in alphabetical order under each group