HTML has links - PDF has Authentication

Chapter 246-215 WAC

Last Update: 12/15/20

FOOD SERVICE

WAC Sections

PART 1: INTENT, SCOPE, AND DEFINITIONS
HTMLPDF246-215-01100Intent—Food safety, illness prevention, and honest presentation (FDA Food Code 1-102.10).
HTMLPDF246-215-01105Scope—Statement (FDA Food Code 1-103.10).
HTMLPDF246-215-01110Applicability.
HTMLPDF246-215-01115Definitions, abbreviations, and acronyms (FDA Food Code 1-201.10(B)).
PART 2: MANAGEMENT AND PERSONNEL
Subpart A - Supervision
HTMLPDF246-215-02100Responsibility—Assignment (FDA Food Code 2-101.11).
HTMLPDF246-215-02105Demonstration of knowledge (FDA Food Code 2-102.11).
HTMLPDF246-215-02107Certified food protection manager (FDA Food Code 2-102.12).
HTMLPDF246-215-02110Duties—Food protection manager certification (FDA Food Code 2-102.20).
HTMLPDF246-215-02115Duties—Person in charge (FDA Food Code 2-103.11).
HTMLPDF246-215-02120Food worker cards.
Subpart B - Employee Health
HTMLPDF246-215-02200Employee health—Reporting policy.
HTMLPDF246-215-02205Employee health—Reportable history of illness.
HTMLPDF246-215-02210Employee health—Prohibit a conditional employee from becoming a food employee.
HTMLPDF246-215-02215Employee health—Notify health officer.
HTMLPDF246-215-02220Employee health—Conditions of exclusion.
HTMLPDF246-215-02225Employee health—Conditions of restriction.
HTMLPDF246-215-02230Employee health—Aiding illness investigations.
HTMLPDF246-215-02235Employee health—Other conditions.
HTMLPDF246-215-02240Employee health—Complying with local health officer.
HTMLPDF246-215-02245Employee health—Removal of exclusion or restriction based on diagnosis.
HTMLPDF246-215-02250Employee health—Removal of exclusion or restriction based on symptoms.
HTMLPDF246-215-02255Employee health—Removal of exclusion or restriction based on exposure.
Subpart C - Personal Cleanliness
HTMLPDF246-215-02300Hands and arms—Clean condition (FDA Food Code 2-301.11).
HTMLPDF246-215-02305Hands and arms—Cleaning procedure (FDA Food Code 2-301.12).
HTMLPDF246-215-02310Hands and arms—When to wash (FDA Food Code 2-301.14).
HTMLPDF246-215-02315Hands and arms—Where to wash (FDA Food Code 2-301.15).
HTMLPDF246-215-02320Hands and arms—Hand antiseptics (FDA Food Code 2-301.16).
HTMLPDF246-215-02325Fingernails—Maintenance (FDA Food Code 2-302.11).
HTMLPDF246-215-02330Jewelry—Prohibition (FDA Food Code 2-303.11).
HTMLPDF246-215-02335Outer clothing—Clean condition (17 FDA Food Code 2-304.11).
Subpart D - Hygienic Practices
HTMLPDF246-215-02400Food contamination prevention—Eating, drinking, or using tobacco (FDA Food Code 2-401.11).
HTMLPDF246-215-02405Food contamination prevention—Discharges from the eyes, nose, and mouth (FDA Food Code 2-401.12).
HTMLPDF246-215-02406Food contamination prevention—Use of bandages, finger cots, or finger stalls (FDA Food Code 2-401.13).
HTMLPDF246-215-02410Hair restraints—Effectiveness (FDA Food Code 2-402.11).
HTMLPDF246-215-02415Animals—Handling prohibition (FDA Food Code 2-403.11).
HTMLPDF246-215-02500Responding to contamination events—Clean-up of vomiting and diarrheal events (FDA Food Code 2-501.11).
PART 3: FOOD
Subpart A - Characteristics
HTMLPDF246-215-03100Condition—Safe, unadulterated, and honestly presented (FDA Food Code 3-101.11).
Subpart B - Sources, Specifications, and Original Containers and Records
HTMLPDF246-215-03200Sources—Compliance with food law (FDA Food Code 3-201.11).
HTMLPDF246-215-03205Sources—Food in a hermetically sealed container (FDA Food Code 3-201.12).
HTMLPDF246-215-03210Sources—Fluid milk and milk products (FDA Food Code 3-201.13).
HTMLPDF246-215-03215Sources—Fish (FDA Food Code 3-201.14).
HTMLPDF246-215-03220Sources—Molluscan shellfish (FDA Food Code 3-201.15).
HTMLPDF246-215-03225Sources—Wild mushrooms.
HTMLPDF246-215-03230Sources—Game animals (FDA Food Code 3-201.17).
HTMLPDF246-215-03235Specifications for receiving—Temperature (FDA Food Code 3-202.11).
HTMLPDF246-215-03240Specifications for receiving—Additives (FDA Food Code 3-202.12).
HTMLPDF246-215-03245Specifications for receiving—Eggs (FDA Food Code 3-202.13).
HTMLPDF246-215-03250Specifications for receiving—Eggs and milk products, pasteurized (FDA Food Code 3-202.14).
HTMLPDF246-215-03255Specifications for receiving—Package integrity (FDA Food Code 3-202.15).
HTMLPDF246-215-03260Specifications for receiving—Ice (FDA Food Code 3-202.16).
HTMLPDF246-215-03265Specifications for receiving—Shucked shellfish, packaging and identification (FDA Food Code 3-202.17).
HTMLPDF246-215-03270Specifications for receiving—Shellstock identification (FDA Food Code 3-202.18).
HTMLPDF246-215-03275Specifications for receiving—Shellstock, condition (FDA Food Code 3-202.19).
HTMLPDF246-215-03280Specifications for receiving—Commercially processed treated juice (FDA Food Code 3-202.110).
HTMLPDF246-215-03285Original containers and records—Molluscan shellfish, original container (FDA Food Code 3-203.11).
HTMLPDF246-215-03290Original containers and records—Shellstock, maintaining identification (FDA Food Code 3-203.12).
Subpart C - Preventing Contamination After Receiving
HTMLPDF246-215-03300Preventing contamination by employees—Preventing contamination from hands (FDA Food Code 3-301.11).
HTMLPDF246-215-03303Preventing contamination by employees—Preventing contamination when tasting (FDA Food Code 3-301.12).
HTMLPDF246-215-03306Preventing food and ingredient contamination—Packaged and unpackaged food—Separation, packaging, and segregation (FDA Food Code 3-302.11).
HTMLPDF246-215-03309Preventing food and ingredient contamination—Food storage containers, identified with common name of food (FDA Food Code 3-302.12).
HTMLPDF246-215-03312Preventing food and ingredient contamination—Pasteurized eggs, substitute for raw eggs for certain recipes (FDA Food Code 3-302.13).
HTMLPDF246-215-03315Preventing food and ingredient contamination—Protection from unapproved additives (FDA Food Code 3-302.14).
HTMLPDF246-215-03318Preventing food and ingredient contamination—Washing fruits and vegetables (FDA Food Code 3-302.15).
HTMLPDF246-215-03321Preventing food and ingredient contamination—Combining of raw eggs in advance prohibited.
HTMLPDF246-215-03324Preventing contamination from ice used as a coolant—Ice used as exterior coolant, prohibited as ingredient (FDA Food Code 3-303.11).
HTMLPDF246-215-03327Preventing contamination from ice used as a coolant—Storage or display of food in contact with water or ice (FDA Food Code 3-303.12).
HTMLPDF246-215-03330Preventing contamination from equipment, utensils, and linens—Food contact with equipment and utensils (FDA Food Code 3-304.11).
HTMLPDF246-215-03333Preventing contamination from equipment, utensils, and linens—In-use utensils, between-use storage (FDA Food Code 3-304.12).
HTMLPDF246-215-03336Preventing contamination from equipment, utensils, and linens—Linens and napkins, use limitation (FDA Food Code 3-304.13).
HTMLPDF246-215-03339Preventing contamination from equipment, utensils, and linensWiping cloths, use limitation (FDA Food Code 3-304.14).
HTMLPDF246-215-03342Preventing contamination from equipment, utensils, and linens—Gloves, use limitation (FDA Food Code 3-304.15).
HTMLPDF246-215-03345 Preventing contamination from equipment, utensils, and linens—Using clean tableware for second portions and refills (FDA Food Code 3-304.16).
HTMLPDF246-215-03348Preventing contamination from equipment, utensils, and linens—Refilling returnables (FDA Food Code 3-304.17).
HTMLPDF246-215-03351Preventing contamination from the premises—Food storage (FDA Food Code 3-305.11).
HTMLPDF246-215-03354Preventing contamination from the premises—Food storage, prohibited areas (FDA Food Code 3-305.12).
HTMLPDF246-215-03357Preventing contamination from the premises—Vended time/temperature control for safety food, original container (FDA Food Code 3-305.13).
HTMLPDF246-215-03360Preventing contamination from the premises—Food preparation (FDA Food Code 3-305.14).
HTMLPDF246-215-03363Preventing contamination by consumers—Food display (FDA Food Code 3-306.11).
HTMLPDF246-215-03366Preventing contamination by consumers—Condiments, protection (FDA Food Code 3-306.12).
HTMLPDF246-215-03369Preventing contamination by consumers—Consumer self-service operations (FDA Food Code 3-306.13).
HTMLPDF246-215-03372Preventing contamination by consumers—Returned food and reservice of food (FDA Food Code 3-306.14).
HTMLPDF246-215-03375Preventing contamination by consumers—Miscellaneous sources of contamination (FDA Food Code 3-307.11).
Subpart D - Destruction of Organisms of Public Health Concern
HTMLPDF246-215-03400Cooking—Raw animal foods (FDA Food Code 3-401.11).
HTMLPDF246-215-03405Cooking—Microwave cooking (FDA Food Code 3-401.12).
HTMLPDF246-215-03410Cooking—Plant food cooking for hot holding (FDA Food Code 3-401.13).
HTMLPDF246-215-03415Cooking—Noncontinuous cooking of raw animal foods (FDA Food Code 3-401.14).
HTMLPDF246-215-03420Cooking—Unattended cooking and hot holding.
HTMLPDF246-215-03425Freezing—Parasite destruction (FDA Food Code 3-402.11).
HTMLPDF246-215-03430Freezing—Records, creation and retention (FDA Food Code 3-402.12).
HTMLPDF246-215-03435Reheating—Preparation for immediate service (FDA Food Code 3-403.10).
HTMLPDF246-215-03440Reheating—Reheating for hot holding (FDA Food Code 3-403.11).
HTMLPDF246-215-03445Other methods—Treating juice (FDA Food Code 3-404.11).
Subpart E - Limitation of Growth of Organisms of Public Health Concern
HTMLPDF246-215-03500Temperature and time control—Frozen food (FDA Food Code 3-501.11).
HTMLPDF246-215-03505Temperature and time control—Time/temperature control for safety food, slacking (FDA Food Code 3-501.12).
HTMLPDF246-215-03510Temperature and time control—Thawing (FDA Food Code 3-501.13).
HTMLPDF246-215-03515Temperature and time control—Cooling (FDA Food Code 3-501.14).
HTMLPDF246-215-03520Temperature and time control—Cooling methods (FDA Food Code 3-501.15).
HTMLPDF246-215-03525Temperature and time control—Time/temperature control for safety food, hot and cold holding (FDA Food Code 3-501.16).
HTMLPDF246-215-03526Temperature and time control—Ready-to-eat, time/temperature control for safety food, date marking (FDA Food Code 3-501.17).
HTMLPDF246-215-03527Temperature and time control—Ready-to-eat, time/temperature control for safety food, disposition (FDA Food Code 3-501.18).
HTMLPDF246-215-03530Temperature and time control—Time as a public health control (FDA Food Code 3-501.19).
HTMLPDF246-215-03535Specialized processing methods—Variance requirement (FDA Food Code 3-502.11).
HTMLPDF246-215-03540Specialized processing methods—Reduced oxygen packaging without a variance, criteria (FDA Food Code 3-502.12).
Subpart F - Food Identity, Presentation, and On-Premises Labeling
HTMLPDF246-215-03600Accurate representation—Standards of identity (FDA Food Code 3-601.11).
HTMLPDF246-215-03605Accurate representation—Honestly presented (FDA Food Code 3-601.12).
HTMLPDF246-215-03610Labeling—Food labels (FDA Food Code 3-602.11).
HTMLPDF246-215-03615Labeling—Other forms of information (FDA Food Code 3-602.12).
HTMLPDF246-215-03620Consumer advisory—Consumption of animal foods that are raw, undercooked, or not otherwise processed to eliminate pathogens (FDA Food Code 3-603.11).
Subpart G - Contaminated Food
HTMLPDF246-215-03700Disposition—Discarding or reconditioning unsafe, adulterated, or contaminated food (FDA Food Code 3-701.11).
HTMLPDF246-215-03705Disposition—Examination, hold orders, condemnation, and destruction of food.
Subpart H - Special Requirements for Highly Susceptible Populations
HTMLPDF246-215-03800Additional safeguards—Pasteurized foods, prohibited reservice, and prohibited food (FDA Food Code 3-801.11).
PART 4: EQUIPMENT, UTENSILS AND LINENS
Subpart A - Materials for Construction and Repair
HTMLPDF246-215-04100Multiuse—Characteristics (FDA Food Code 4-101.11).
HTMLPDF246-215-04105Multiuse—Cast iron, use limitation (FDA Food Code 4-101.12).
HTMLPDF246-215-04110Multiuse—Lead in ceramic, china, and crystal utensils, use limitation (FDA Food Code 4-101.13).
HTMLPDF246-215-04115Multiuse—Copper, use limitation (FDA Food Code 4-101.14).
HTMLPDF246-215-04120Multiuse—Galvanized metal, use limitation (FDA Food Code 4-101.15).
HTMLPDF246-215-04125Multiuse—Sponges, use limitation (FDA Food Code 4-101.16).
HTMLPDF246-215-04130Multiuse—Wood, use limitation (FDA Food Code 4-101.17).
HTMLPDF246-215-04135Multiuse—Nonstick coatings, use limitation (FDA Food Code 4-101.18).
HTMLPDF246-215-04140Multiuse—Nonfood-contact surfaces (FDA Food Code 4-101.19).
HTMLPDF246-215-04145Single-service and single use—Characteristics (FDA Food Code 4-102.11).
Subpart B - Design and Construction
HTMLPDF246-215-04200Durability and strength—Equipment and utensils (FDA Food Code 4-201.11).
HTMLPDF246-215-04202Durability and strength—Food temperature measuring devices (FDA Food Code 4-201.12).
HTMLPDF246-215-04204Cleanability—Food-contact surfaces (FDA Food Code 4-202.11).
HTMLPDF246-215-04206Cleanability—CIP equipment (FDA Food Code 4-202.12).
HTMLPDF246-215-04208Cleanability—"V" threads, use limitation (FDA Food Code 4-202.13).
HTMLPDF246-215-04210Cleanability—Hot oil filtering equipment (FDA Food Code 4-202.14).
HTMLPDF246-215-04212Cleanability—Can openers (FDA Food Code 4-202.15).
HTMLPDF246-215-04214Cleanability—Nonfood-contact surfaces (FDA Food Code 4-202.16).
HTMLPDF246-215-04216Cleanability—Kick plates, removable (FDA Food Code 4-202.17).
HTMLPDF246-215-04218Cleanability—Ventilation hood systems, filters (FDA Food Code 4-202.18).
HTMLPDF246-215-04220Accuracy—Temperature measuring devices, food (FDA Food Code 4-203.11).
HTMLPDF246-215-04222Accuracy—Temperature measuring devices, ambient air and water (FDA Food Code 4-203.12).
HTMLPDF246-215-04224Accuracy—Pressure measuring devices, mechanical warewashing equipment (FDA Food Code 4-203.13).
HTMLPDF246-215-04226Functionality—Ventilation hood systems, drip prevention (FDA Food Code 4-204.11).
HTMLPDF246-215-04228Functionality—Equipment openings, closures and deflectors (FDA Food Code 4-204.12).
HTMLPDF246-215-04230Functionality—Dispensing equipment, protection of equipment and food (FDA Food Code 4-204.13).
HTMLPDF246-215-04232Functionality—Vending machine, vending stage closure (FDA Food Code 4-204.14).
HTMLPDF246-215-04234Functionality—Bearings and gear boxes, leakproof (FDA Food Code 4-204.15).
HTMLPDF246-215-04236Functionality—Beverage tubing, separation (FDA Food Code 4-204.16).
HTMLPDF246-215-04238Functionality—Ice units, separation of drains (FDA Food Code 4-204.17).
HTMLPDF246-215-04240Functionality—Condenser unit, separation (FDA Food Code 4-204.18).
HTMLPDF246-215-04242Functionality—Can openers on vending machines (FDA Food Code 4-204.19).
HTMLPDF246-215-04244Functionality—Molluscan shellfish tanks (FDA Food Code 4-204.110).
HTMLPDF246-215-04246Functionality—Vending machines, automatic shutoff (FDA Food Code 4-204.111).
HTMLPDF246-215-04248Functionality—Temperature measuring devices (FDA Food Code 4-204.112).
HTMLPDF246-215-04250Functionality—Warewashing machines, data plate operating specifications (FDA Food Code 4-204.113).
HTMLPDF246-215-04252Functionality—Warewashing machines, internal baffles (FDA Food Code 4-204.114).
HTMLPDF246-215-04254Functionality—Warewashing machines, temperature measuring devices (FDA Food Code 4-204.115).
HTMLPDF246-215-04256Functionality—Manual warewashing equipment, heaters and baskets (FDA Food Code 4-204.116).
HTMLPDF246-215-04258Functionality—Warewashing machines, automatic dispensing of detergents and sanitizers (FDA Food Code 4-204.117).
HTMLPDF246-215-04260Functionality—Warewashing machines, flow pressure device (FDA Food Code 4-204.118).
HTMLPDF246-215-04262Functionality—Warewashing sinks and drainboards, self-draining (FDA Food Code 4-204.119).
HTMLPDF246-215-04264Functionality—Equipment compartments, drainage (FDA Food Code 4-204.120).
HTMLPDF246-215-04266Functionality—Vending machines, liquid waste products (FDA Food Code 4-204.121).
HTMLPDF246-215-04268Functionality—Case lot handling equipment, moveability (FDA Food Code 4-204.122).
HTMLPDF246-215-04270Functionality—Vending machine doors and openings (FDA Food Code 4-204.123).
HTMLPDF246-215-04272Acceptability—Food equipment, certification and classification (FDA Food Code 4-205.10).
Subpart C - Numbers and Capacities
HTMLPDF246-215-04300Equipment—Cooling, heating, and holding capacities (FDA Food Code 4-301.11).
HTMLPDF246-215-04305Equipment—Manual warewashing, sink compartment requirements (FDA Food Code 4-301.12).
HTMLPDF246-215-04310Equipment—Drainboards (FDA Food Code 4-301.13).
HTMLPDF246-215-04315Equipment—Ventilation hood systems, adequacy (FDA Food Code 4-301.14).
HTMLPDF246-215-04320Equipment—Clothes washers and dryers (FDA Food Code 4-301.15).
HTMLPDF246-215-04325Equipment—Designated food preparation sinks.
HTMLPDF246-215-04330Utensils, temperature measuring devices, and testing devices—Utensils, consumer self-service (FDA Food Code 4-302.11).
HTMLPDF246-215-04335Utensils, temperature measuring devices, and testing devices—Food temperature measuring devices (FDA Food Code 4-302.12).
HTMLPDF246-215-04340Utensils, temperature measuring devices, and testing devices—Temperature measuring devices, manual warewashing (FDA Food Code 4-302.13).
HTMLPDF246-215-04345Utensils, temperature measuring devices, and testing devices—Sanitizing solutions, testing devices (FDA Food Code 4-302.14).
HTMLPDF246-215-04350Cleaning agents and sanitizers—Cleaning agents and sanitizers availability (FDA Food Code 4-303.11).
Subpart D - Location and Installation
HTMLPDF246-215-04400Location—Equipment, clothes washers and dryers, and storage cabinets, contamination prevention (FDA Food Code 4-401.11).
HTMLPDF246-215-04405Installation—Fixed equipment, spacing or sealing (FDA Food Code 4-402.11).
HTMLPDF246-215-04410Installation—Fixed equipment, elevation or sealing (FDA Food Code 4-402.12).
Subpart E - Maintenance and Operations
HTMLPDF246-215-04500Equipment—Good repair and proper adjustment (FDA Food Code 4-501.11).
HTMLPDF246-215-04505Equipment—Cutting surfaces (FDA Food Code 4-501.12).
HTMLPDF246-215-04510Equipment—Microwave ovens (FDA Food Code 4-501.13).
HTMLPDF246-215-04515Equipment—Warewashing equipment, cleaning frequency (FDA Food Code 4-501.14).
HTMLPDF246-215-04520Equipment—Warewashing machines, manufacturer's operating instructions (FDA Food Code 4-501.15).
HTMLPDF246-215-04525Equipment—Warewashing sinks, use limitation (FDA Food Code 4-501.16).
HTMLPDF246-215-04530Equipment—Warewashing equipment, cleaning agents (FDA Food Code 4-501.17).
HTMLPDF246-215-04535Equipment—Warewashing equipment, clean solutions (FDA Food Code 4-501.18).
HTMLPDF246-215-04540Equipment—Manual warewashing equipment, wash solution temperature (FDA Food Code 4-501.19).
HTMLPDF246-215-04545Equipment—Mechanical warewashing equipment, wash solution temperature (FDA Food Code 4-501.110).
HTMLPDF246-215-04550Equipment—Manual warewashing equipment, hot water sanitization temperature (FDA Food Code 4-501.111).
HTMLPDF246-215-04555Equipment—Mechanical warewashing equipment, hot water sanitization temperatures (FDA Food Code 4-501.112).
HTMLPDF246-215-04560Equipment—Mechanical warewashing equipment, sanitization pressure (FDA Food Code 4-501.113).
HTMLPDF246-215-04565Equipment—Manual and mechanical warewashing equipment, chemical sanitization—Temperature, pH, concentration, and hardness (FDA Food Code 4-501.114).
HTMLPDF246-215-04570Equipment—Manual warewashing equipment, chemical sanitization using detergent-sanitizers (FDA Food Code 4-501.115).
HTMLPDF246-215-04575Equipment—Warewashing equipment, determining chemical sanitizer concentration (FDA Food Code 4-501.116).
HTMLPDF246-215-04580Utensils and temperature and pressure measuring devices—Good repair and calibration (FDA Food Code 4-502.11).
HTMLPDF246-215-04585Utensils and temperature and pressure measuring devices—Single-service and single-use articles, required use (FDA Food Code 4-502.12).
HTMLPDF246-215-04590Utensils and temperature and pressure measuring devices—Single-service and single-use articles, use limitation (FDA Food Code 4-502.13).
HTMLPDF246-215-04595Utensils and temperature and pressure measuring devices—Shells, use limitation (FDA Food Code 4-502.14).
Subpart F - Cleaning of Equipment and Utensils
HTMLPDF246-215-04600Objective—Equipment, food-contact surfaces, nonfood-contact surfaces, and utensils (FDA Food Code 4-601.11).
HTMLPDF246-215-04605Objective—Equipment food-contact surfaces and utensils (FDA Food Code 4-602.11).
HTMLPDF246-215-04610Objective—Cooking and baking equipment (FDA Food Code 4-602.12).
HTMLPDF246-215-04615Objective—Nonfood-contact surfaces (FDA Food Code 4-602.13).
HTMLPDF246-215-04620Methods—Dry cleaning (FDA Food Code 4-603.11).
HTMLPDF246-215-04625Methods—Precleaning (FDA Food Code 4-603.12).
HTMLPDF246-215-04630Methods—Loading of soiled items, warewashing machines (FDA Food Code 4-603.13).
HTMLPDF246-215-04635Methods—Wet cleaning (FDA Food Code 4-603.14).
HTMLPDF246-215-04640Methods—Washing, procedures for alternative manual warewashing equipment (FDA Food Code 4-603.15).
HTMLPDF246-215-04645Methods—Rinsing procedures (FDA Food Code 4-603.16).
HTMLPDF246-215-04650Methods—Returnables, cleaning for refilling (2009 FDA Food Code 4-603.17).Effective until March 1, 2022
Subpart G - Sanitization of Equipment and Utensils
HTMLPDF246-215-04700Objective—Food-contact surfaces and utensils (FDA Food Code 4-701.10).
HTMLPDF246-215-04705Frequency—Before use after cleaning (FDA Food Code 4-702.11).
HTMLPDF246-215-04710Methods—Hot water and chemical (FDA Food Code 4-703.11).
Subpart H - Laundering
HTMLPDF246-215-04800Objective—Clean linens (FDA Food Code 4-801.11).
HTMLPDF246-215-04805Frequency—Specifications (FDA Food Code 4-802.11).
HTMLPDF246-215-04810Methods—Storage of soiled linens (FDA Food Code 4-803.11).
HTMLPDF246-215-04815Methods—Mechanical washing (FDA Food Code 4-803.12).
HTMLPDF246-215-04820Methods—Use of laundry facilities (FDA Food Code 4-803.13).
Subpart I - Protection of Clean Items
HTMLPDF246-215-04900Drying—Equipment and utensils, air-drying required (FDA Food Code 4-901.11).
HTMLPDF246-215-04905Drying—Wiping cloths, air drying locations (FDA Food Code 4-901.12).
HTMLPDF246-215-04910Lubricating and reassembling—Food-contact surfaces (FDA Food Code 4-902.11).
HTMLPDF246-215-04915Lubricating and reassembling—Equipment (FDA Food Code 4-902.12).
HTMLPDF246-215-04920Storing—Equipment, utensils, linens, and single-service and single-use articles (FDA Food Code 4-903.11).
HTMLPDF246-215-04925Storing—Prohibitions (FDA Food Code 4-903.12).
HTMLPDF246-215-04930Preventing contamination—Kitchenware and tableware (FDA Food Code 4-904.11).
HTMLPDF246-215-04935Preventing contamination—Soiled and clean tableware (FDA Food Code 4-904.12).
HTMLPDF246-215-04940Preventing contamination—Preset tableware (FDA Food Code 4-904.13).
HTMLPDF246-215-04945Preventing contamination—Rinsing equipment and utensils after cleaning and sanitizing (FDA Food Code 4-904.14).
PART 5: WATER, PLUMBING AND WASTE
Subpart A - Water
HTMLPDF246-215-05100Source—Approved system (FDA Food Code 5-101.11).
HTMLPDF246-215-05105Source—System flushing and disinfection (FDA Food Code 5-101.12).
HTMLPDF246-215-05110Source—Bottled drinking water (FDA Food Code 5-101.13).
HTMLPDF246-215-05115Quality—Standards (FDA Food Code 5-102.11).
HTMLPDF246-215-05120Quality—Nondrinking water (FDA Food Code 5-102.12).
HTMLPDF246-215-05125Quality—Sampling (FDA Food Code 5-102.13).
HTMLPDF246-215-05130Quantity and availability—Sample report (FDA Food Code 5-102.14).
HTMLPDF246-215-05135Quantity and availability—Capacity (FDA Food Code 5-103.11).
HTMLPDF246-215-05140Distribution, delivery and retention—Pressure (FDA Food Code 5-103.12).
HTMLPDF246-215-05145Distribution, delivery and retention—System (FDA Food Code 5-104.11).
HTMLPDF246-215-05150Distribution, delivery and retention—Alternate water supply (FDA Food Code 5-104.12).
Subpart B - Plumbing System
HTMLPDF246-215-05200Materials—Approved (FDA Food Code 5-201.11).
HTMLPDF246-215-05205Design, construction and installation—Approved system and cleanable fixtures (FDA Food Code 5-202.11).
HTMLPDF246-215-05210Design, construction and installation—Handwashing facility, installation (FDA Food Code 5-202.12).
HTMLPDF246-215-05215Design, construction and installation—Backflow prevention, air gap (FDA Food Code 5-202.13).
HTMLPDF246-215-05220Design, construction and installation—Backflow prevention device, design standard (FDA Food Code 5-202.14).
HTMLPDF246-215-05225Design, construction and installation—Conditioning device, design (FDA Food Code 5-202.15).
HTMLPDF246-215-05230Numbers and capacities—Handwashing sinks (FDA Food Code 5-203.11).
HTMLPDF246-215-05235Numbers and capacities—Toilets and urinals (FDA Food Code 5-203.12).
HTMLPDF246-215-05240Numbers and capacities—Service sink (FDA Food Code 5-203.13).
HTMLPDF246-215-05245Numbers and capacities—Backflow prevention device, when required (FDA Food Code 5-203.14).
HTMLPDF246-215-05250Numbers and capacities—Backflow prevention, carbonator.
HTMLPDF246-215-05255Location and placement—Handwashing sinks (FDA Food Code 5-204.11).
HTMLPDF246-215-05260Location and placement—Backflow prevention device (FDA Food Code 5-204.12).
HTMLPDF246-215-05265Location and placement—Conditioning device (FDA Food Code 5-204.13).
HTMLPDF246-215-05270Operation and maintenance—Using a handwashing sink (FDA Food Code 5-205.11).
HTMLPDF246-215-05275Operation and maintenance—Prohibiting a cross connection (FDA Food Code 5-205.12).
HTMLPDF246-215-05280Operation and maintenance—Scheduling inspection, testing, and service for water system device (FDA Food Code 5-205.13).
HTMLPDF246-215-05285Operation and maintenance—Water reservoir of fogging devices, cleaning (FDA Food Code 5-205.14).
HTMLPDF246-215-05290Operation and maintenance—System maintained in good repair (FDA Food Code 5-205.15).
Subpart C - Mobile Water Tank and Mobile Food Establishment Water Tank
HTMLPDF246-215-05300Materials—Approved (FDA Food Code 5-301.11).
HTMLPDF246-215-05305Design and construction—Enclosed system, sloped to drain (FDA Food Code 5-302.11).
HTMLPDF246-215-05310Design and construction—Inspection and cleaning port, protected and secured (FDA Food Code 5-302.12).
HTMLPDF246-215-05315Design and construction—"V" type threads, use limitation (FDA Food Code 5-302.13).
HTMLPDF246-215-05320Design and construction—Tank vent, protected (FDA Food Code 5-302.14).
HTMLPDF246-215-05325Design and construction—Inlet and outlet, sloped to drain (FDA Food Code 5-302.15).
HTMLPDF246-215-05330Design and construction—Hose, construction and identification (FDA Food Code 5-302.16).
HTMLPDF246-215-05335Numbers and capacities—Filter, compressed air (FDA Food Code 5-303.11).
HTMLPDF246-215-05340Numbers and capacities—Protective cover or device (FDA Food Code 5-303.12).
HTMLPDF246-215-05345Numbers and capacities—Mobile food unit tank inlet (FDA Food Code 5-303.13).
HTMLPDF246-215-05350Operation and maintenance—System flushing and sanitation (FDA Food Code 5-304.11).
HTMLPDF246-215-05355Operation and maintenance—Using a pump and hoses, backflow prevention (FDA Food Code 5-304.12).
HTMLPDF246-215-05360Operation and maintenance—Protecting inlet, outlet, and hose fitting (FDA Food Code 5-304.13).
HTMLPDF246-215-05365Operation and maintenance—Tank, pump, and hoses, dedication (FDA Food Code 5-304.14).
Subpart D - Sewage, Other Liquid Waste, and Rainwater
HTMLPDF246-215-05400Mobile holding tank—Capacity and drainage (FDA Food Code 5-401.11).
HTMLPDF246-215-05405Retention, drainage, and delivery design, construction, and installation—Establishment drainage system (FDA Food Code 5-402.10).
HTMLPDF246-215-05410Retention, drainage, and delivery design, construction, and installation—Backflow prevention (FDA Food Code 5-402.11).
HTMLPDF246-215-05415Retention, drainage, and delivery location and placement—Grease trap (FDA Food Code 5-402.12).
HTMLPDF246-215-05420Retention, drainage, and delivery operation and maintenance—Conveying sewage (FDA Food Code 5-402.13).
HTMLPDF246-215-05425Retention, drainage, and delivery operation and maintenance—Removing mobile food unit wastes (FDA Food Code 5-402.14).
HTMLPDF246-215-05430Retention, drainage, and delivery operation and maintenance—Flushing a waste retention tank (FDA Food Code 5-402.15).
HTMLPDF246-215-05435Disposal facility design and construction—Approved sewage disposal system (FDA Food Code 5-403.11).
HTMLPDF246-215-05440Disposal facility design and construction—Other liquid wastes and rainwater (FDA Food Code 5-403.12).
Subpart E - Refuse, Recyclables, and Returnables
HTMLPDF246-215-05500Facilities on the premises, materials, design, construction and installation—Indoor storage area (FDA Food Code 5-501.10).
HTMLPDF246-215-05505Facilities on the premises, materials, design, construction and installation—Outdoor storage surface (FDA Food Code 5-501.11).
HTMLPDF246-215-05510Facilities on the premises, materials, design, construction and installation—Outdoor enclosure (FDA Food Code 5-501.12).
HTMLPDF246-215-05515Facilities on the premises, materials, design, construction and installation—Receptacles (FDA Food Code 5-501.13).
HTMLPDF246-215-05520Facilities on the premises, materials, design, construction and installation—Receptacles in vending machines (FDA Food Code 5-501.14).
HTMLPDF246-215-05525Facilities on the premises, materials, design, construction and installation—Outside receptacles (FDA Food Code 5-501.15).
HTMLPDF246-215-05530Facilities on the premises, numbers and capacities—Storage areas, rooms, and receptacles, capacity and availability (FDA Food Code 5-501.16).
HTMLPDF246-215-05535Facilities on the premises, numbers and capacities—Toilet room receptacle, covered (FDA Food Code 5-501.17).
HTMLPDF246-215-05540Facilities on the premises, numbers and capacities—Cleaning implements and supplies (FDA Food Code 5-501.18).
HTMLPDF246-215-05545Facilities on the premises, location and placement—Storage areas, redeeming machines, receptacles and waste handling units, location (FDA Food Code 5-501.19).
HTMLPDF246-215-05550Facilities on the premises, operation and maintenance—Storing refuse, recyclables, and returnables (FDA Food Code 5-501.110).
HTMLPDF246-215-05555Facilities on the premises, operation and maintenance—Areas, enclosures, and receptacles, good repair (FDA Food Code 5-501.111).
HTMLPDF246-215-05560Facilities on the premises, operation and maintenance—Outside storage prohibitions (FDA Food Code 5-501.112).
HTMLPDF246-215-05565Facilities on the premises, operation and maintenance—Covering receptacles (FDA Food Code 5-501.113).
HTMLPDF246-215-05570Facilities on the premises, operation and maintenance—Using drain plugs (FDA Food Code 5-501.114).
HTMLPDF246-215-05575Facilities on the premises, operation and maintenance—Maintaining refuse areas and enclosures (FDA Food Code 5-501.115).
HTMLPDF246-215-05580Facilities on the premises, operation and maintenance—Cleaning receptacles (FDA Food Code 5-501.116).
HTMLPDF246-215-05585Removal—Frequency (FDA Food Code 5-502.11).
HTMLPDF246-215-05590Removal—Receptacles or vehicles (FDA Food Code 5-502.12).
HTMLPDF246-215-05595Facilities for disposal and recycling—Community or individual facility (FDA Food Code 5-503.11).
PART 6: PHYSICAL FACILITIES
Subpart A - Materials for Construction and Repair
HTMLPDF246-215-06100Indoor areas—Surface characteristics (FDA Food Code 6-101.11).
HTMLPDF246-215-06105Outdoor areas—Surface characteristics (FDA Food Code 6-102.11).
Subpart B - Design, Construction and Installation
HTMLPDF246-215-06200Cleanability—Floors, walls and ceilings (FDA Food Code 6-201.11).
HTMLPDF246-215-06205Cleanability—Floors, walls, and ceilings, utility lines (FDA Food Code 6-201.12).
HTMLPDF246-215-06210Cleanability—Floor and wall junctures, covered and enclosed or sealed (FDA Food Code 6-201.13).
HTMLPDF246-215-06215Cleanability—Floor carpeting, restriction and installation (FDA Food Code 6-201.14).
HTMLPDF246-215-06220Cleanability—Floor covering, mats and duckboards (FDA Food Code 6-201.15).
HTMLPDF246-215-06225Cleanability—Wall and ceiling coverings and coatings (FDA Food Code 6-201.16).
HTMLPDF246-215-06230Cleanability—Walls and ceilings, attachments (FDA Food Code 6-201.17).
HTMLPDF246-215-06235Cleanability—Walls and ceilings, studs, joists, and rafters (FDA Food Code 6-201.18).
HTMLPDF246-215-06240Functionality—Light bulbs, protective shielding (FDA Food Code 6-202.11).
HTMLPDF246-215-06245Functionality—Heating, ventilating, air conditioning system vents (FDA Food Code 6-202.12).
HTMLPDF246-215-06250Functionality—Insect control devices, design and installation (FDA Food Code 6-202.13).
HTMLPDF246-215-06255Functionality—Toilet rooms, enclosed (FDA Food Code 6-202.14).
HTMLPDF246-215-06260Functionality—Outer openings, protected (FDA Food Code 6-202.15).
HTMLPDF246-215-06265Functionality—Exterior walls and roofs, protective barrier (FDA Food Code 6-202.16).
HTMLPDF246-215-06270Functionality—Outdoor food vending areas, overhead protection (FDA Food Code 6-202.17).
HTMLPDF246-215-06275Functionality—Outdoor servicing areas, overhead protection (FDA Food Code 6-202.18).
HTMLPDF246-215-06280Functionality—Outdoor walking and driving surfaces, graded to drain (FDA Food Code 6-202.19).
HTMLPDF246-215-06285Functionality—Outdoor refuse areas (FDA Food Code 6-202.110).
HTMLPDF246-215-06290Functionality—Private homes and living or sleeping quarters, use prohibition (FDA Food Code 6-202.111).
HTMLPDF246-215-06295Functionality—Living or sleeping quarters, separation (FDA Food Code 6-202.112).
Subpart C - Numbers and Capacities
HTMLPDF246-215-06300Handwashing sinks—Minimum number (FDA Food Code 6-301.10).
HTMLPDF246-215-06305Handwashing sinks—Handwashing cleanser, availability (FDA Food Code 6-301.11).
HTMLPDF246-215-06310Handwashing sinks—Hand-drying provision (FDA Food Code 6-301.12).
HTMLPDF246-215-06315Handwashing sinks—Handwashing aids and devices, use restriction (FDA Food Code 6-301.13).
HTMLPDF246-215-06320Handwashing sinks—Handwashing signage (FDA Food Code 6-301.14).
HTMLPDF246-215-06325Handwashing sinks—Disposable towels, waste receptacle (FDA Food Code 6-301.20).
HTMLPDF246-215-06330Toilets and urinals—Minimum number (FDA Food Code 6-302.10).
HTMLPDF246-215-06335Toilets and urinals—Toilet tissue, availability (FDA Food Code 6-302.11).
HTMLPDF246-215-06340Lighting—Intensity (FDA Food Code 6-303.11).
HTMLPDF246-215-06345Ventilation—Mechanical (FDA Food Code 6-304.11).
HTMLPDF246-215-06350Dressing areas and lockers—Designation (FDA Food Code 6-305.11).
HTMLPDF246-215-06355Service sinks—Availability (FDA Food Code 6-306.10).
Subpart D - Location and Placement
HTMLPDF246-215-06400Handwashing sinks—Conveniently located (FDA Food Code 6-401.10).
HTMLPDF246-215-06405Toilet rooms—Convenience and accessibility (FDA Food Code 6-402.11).
HTMLPDF246-215-06410Employee accommodations—Designated areas (FDA Food Code 6-403.11).
HTMLPDF246-215-06415Distressed merchandise—Segregation and location (FDA Food Code 6-404.11).
HTMLPDF246-215-06420Refuse, recyclables, and returnables—Receptacles, waste handling units, and designated storage areas (FDA Food Code 6-405.10).
Subpart E - Maintenance and Operation: Premises, Structures, Attachments, and Fixtures
HTMLPDF246-215-06500Methods—Repairing (FDA Food Code 6-501.11).
HTMLPDF246-215-06505Methods—Cleaning, frequency and restrictions (FDA Food Code 6-501.12).
HTMLPDF246-215-06510Methods—Cleaning floors, dustless methods (FDA Food Code 6-501.13).
HTMLPDF246-215-06515Methods—Cleaning ventilation systems, nuisance and discharge prohibition (FDA Food Code 6-501.14).
HTMLPDF246-215-06520Methods—Cleaning maintenance tools, preventing contamination (FDA Food Code 6-501.15).
HTMLPDF246-215-06525Methods—Drying mops (FDA Food Code 6-501.16).
HTMLPDF246-215-06530Methods—Absorbent materials on floors, use limitations (FDA Food Code 6-501.17).
HTMLPDF246-215-06535Methods—Cleaning of plumbing fixtures (FDA Food Code 6-501.18).
HTMLPDF246-215-06540Methods—Closing toilet room doors (FDA Food Code 6-501.19).
HTMLPDF246-215-06545Methods—Using dressing rooms and lockers (FDA Food Code 6-501.110).
HTMLPDF246-215-06550Methods—Controlling pests (FDA Food Code 6-501.111).
HTMLPDF246-215-06555Methods—Removing dead or trapped birds, insects, rodents, and other pests (FDA Food Code 6-501.112).
HTMLPDF246-215-06560Methods—Storing maintenance tools (FDA Food Code 6-501.113).
HTMLPDF246-215-06565Methods—Maintaining premises, unnecessary items and litter (FDA Food Code 6-501.114).
HTMLPDF246-215-06570Methods—Prohibiting animals (FDA Food Code 6-501.115).
PART 7: POISONOUS OR TOXIC MATERIALS
Subpart A - Labeling and Identification
HTMLPDF246-215-07100Original containers—Identifying information, prominence (FDA Food Code 7-101.11).
HTMLPDF246-215-07105Working containers—Common name (FDA Food Code 7-102.11).
Subpart B - Operational Supplies and Applications
HTMLPDF246-215-07200Storage—Separation (FDA Food Code 7-201.11).
HTMLPDF246-215-07205Presence and use—Restriction (FDA Food Code 7-202.11).
HTMLPDF246-215-07210Presence and use—Conditions of use (FDA Food Code 7-202.12).
HTMLPDF246-215-07215Container prohibitions—Poisonous or toxic material containers (FDA Food Code 7-203.11).
HTMLPDF246-215-07220Chemicals—Sanitizers, criteria (FDA Food Code 7-204.11).
HTMLPDF246-215-07225Chemicals—Chemicals for washing, treatment, storage, and processing fruits and vegetables, criteria (FDA Food Code 7-204.12).
HTMLPDF246-215-07230Chemicals—Boiler water additives, criteria (FDA Food Code 7-204.13).
HTMLPDF246-215-07235Chemicals—Drying agents, criteria (FDA Food Code 7-204.14).
HTMLPDF246-215-07240Lubricants—Incidental food contact, criteria (FDA Food Code 7-205.11).
HTMLPDF246-215-07245Pesticides—Restricted use pesticides, criteria (FDA Food Code 7-206.11).
HTMLPDF246-215-07250Pesticides—Rodent bait stations (FDA Food Code 7-206.12).
HTMLPDF246-215-07255Pesticides—Tracking powders, pest control and monitoring (FDA Food Code 7-206.13).
HTMLPDF246-215-07260Medicines—Restriction and storage (FDA Food Code 7-207.11).
HTMLPDF246-215-07265Medicines—Refrigerated medicines, storage (FDA Food Code 7-207.12).
HTMLPDF246-215-07270First-aid supplies—Storage (FDA Food Code 7-208.11).
HTMLPDF246-215-07275Other personal care items—Storage (FDA Food Code 7-209.11).
Subpart C - Stock and Retail Sale
HTMLPDF246-215-07300Storage and display—Separation (FDA Food Code 7-301.11).
PART 8: COMPLIANCE AND ENFORCEMENT
Subpart A - Applicability
HTMLPDF246-215-08100Use for intended purpose—Public health protection (FDA Food Code 8-101.10).
HTMLPDF246-215-08105Additional requirements—Preventing health hazards, provision for conditions not addressed (FDA Food Code 8-102.10).
HTMLPDF246-215-08110Variances—Modifications and waivers (FDA Food Code 8-103.10).
HTMLPDF246-215-08115Variances—Documentation of proposed variance and justification (FDA Food Code 8-103.11).
HTMLPDF246-215-08120Variances—Conformance with approved procedures (FDA Food Code 8-103.12).
Subpart B - Plan Submission and Approval
HTMLPDF246-215-08200Facility and operating plans—When plans are required (FDA Food Code 8-201.11).
HTMLPDF246-215-08205Facility and operating plans—Contents of the plans and specifications (FDA Food Code 8-201.12).
HTMLPDF246-215-08210Facility and operating plans—When a HACCP plan is required (FDA Food Code 8-201.13).
HTMLPDF246-215-08215Facility and operating plans—Contents of a HACCP plan (FDA Food Code 8-201.14).
HTMLPDF246-215-08220Trade secrets (FDA Food Code 8-202.10).
HTMLPDF246-215-08225Construction inspection and approval—Preoperational inspections (FDA Food Code 8-203.10).
Subpart C - Permit to Operate
HTMLPDF246-215-08300Requirement—Prerequisite for operation (FDA Food Code 8-301.11).
HTMLPDF246-215-08305Exempt from permit with approval.
HTMLPDF246-215-08310Application procedure—Submission thirty calendar days before proposed opening (FDA Food Code 8-302.11).
HTMLPDF246-215-08315Application procedure—Form of submission (FDA Food Code 8-302.12).
HTMLPDF246-215-08320Application procedure—Qualifications and responsibilities of applicants (FDA Food Code 8-302.13).
HTMLPDF246-215-08325Application procedure—Contents of the application (FDA Food Code 8-302.14).
HTMLPDF246-215-08330Issuance—New, converted, or remodeled establishments (FDA Food Code 8-303.10).
HTMLPDF246-215-08335Issuance—Existing establishments, permit renewal, and change of ownership (FDA Food Code 8-303.20).
HTMLPDF246-215-08340Issuance—Denial of application for permit, notice (FDA Food Code 8-303.30).
HTMLPDF246-215-08345Conditions of retention—Responsibilities of the regulatory authority (FDA Food Code 8-304.10).
HTMLPDF246-215-08350Conditions of retention—Responsibilities of the permit holder (FDA Food Code 8-304.11).
HTMLPDF246-215-08355Conditions of retention—Permits not transferable (FDA Food Code 8-304.20).
Subpart D - Inspection and Correction of Violations
HTMLPDF246-215-08400Frequency—Establishing inspection interval (FDA Food Code 8-401.10).
HTMLPDF246-215-08405Frequency—Performance- and risk-based (FDA Food Code 8-401.20).
HTMLPDF246-215-08410Frequency—Competency of inspectors (FDA Food Code 8-402.10).
HTMLPDF246-215-08415Access—Allowed at reasonable times after due notice (FDA Food Code 8-402.11).
HTMLPDF246-215-08420Access—Refusal, notification of right to access, and final request for access (FDA Food Code 8-402.20).
HTMLPDF246-215-08425Access—Refusal, reporting (FDA Food Code 8-402.30).
HTMLPDF246-215-08430Report of findings—Documenting information and observations (FDA Food Code 8-403.10).
HTMLPDF246-215-08435Report of findings—Specifying time frame for corrections (FDA Food Code 8-403.20).
HTMLPDF246-215-08440Report of findings—Issuing report and obtaining acknowledgment of receipt (FDA Food Code 8-403.30).
HTMLPDF246-215-08445Report of findings—Refusal to sign acknowledgment (FDA Food Code 8-403.40).
HTMLPDF246-215-08450Report of findings—Public information (FDA Food Code 8-403.50).
HTMLPDF246-215-08455Imminent health hazard—Ceasing operations and reporting (FDA Food Code 8-404.11).
HTMLPDF246-215-08460Imminent health hazard—Resumption of operations (FDA Food Code 8-404.12).
Subpart E - Prevention of Foodborne Disease Transmission by Employees
HTMLPDF246-215-08500Investigation and control—Obtaining information—Personal history of illness, medical examination, and specimen analysis (FDA Food Code 8-501.10).
HTMLPDF246-215-08505Investigation and control—Restriction or exclusion of food employee, or summary suspension of permit (FDA Food Code 8-501.20).
HTMLPDF246-215-08510Investigation and control—Restriction or exclusion order: Warning or hearing not required, information required in order (FDA Food Code 8-501.30).
HTMLPDF246-215-08515Investigation and control—Removal of exclusion or restriction (FDA Food Code 8-501.40).
HTMLPDF246-215-08520Investigation and control—Procedure when disease transmission is suspected.
Subpart F - Enforcement
HTMLPDF246-215-08600Permits required, suspension, revocation, enforcement.
HTMLPDF246-215-08605Service of notice.
HTMLPDF246-215-08610Hearings.
PART 9: ALTERNATIVE FOOD FACILITIES
Subpart A - Mobile Food Units
HTMLPDF246-215-09100Requirements and restrictions—Requirements.
HTMLPDF246-215-09105Requirements and restrictions—Restrictions.
HTMLPDF246-215-09110Plan approval—Plan review.
HTMLPDF246-215-09115Plan approval—Plan contents.
HTMLPDF246-215-09120Additional requirements—Standard operating procedures.
HTMLPDF246-215-09125Time/temperature control for safety food—Temperature control.
HTMLPDF246-215-09126Commissary usage.
HTMLPDF246-215-09127Commissary exemption.
HTMLPDF246-215-09135Water and wastewater—Water system.
HTMLPDF246-215-09140Handwashing—Handwashing facilities.
HTMLPDF246-215-09145Handwashing—Handwashing waiver.
HTMLPDF246-215-09150Employee restrooms—Toilet facilities.
HTMLPDF246-215-09155Sink compartment requirements—Warewashing facilities.
HTMLPDF246-215-09160Required postings—Business name and operating locations.
HTMLPDF246-215-09165Required postings—Permit.
HTMLPDF246-215-09170Food and equipment protection—Overhead protection.
HTMLPDF246-215-09175Food and equipment protection—Food and food service supplies.
HTMLPDF246-215-09180Movable buildings—Lack of permanent plumbing.Effective until March 1, 2022
Subpart B - Temporary Food Establishments
HTMLPDF246-215-09200Requirements and restrictions.
HTMLPDF246-215-09205Food and equipment protection—Standard operating procedures.
HTMLPDF246-215-09210Time/temperature control for safety food—Temperature control.
HTMLPDF246-215-09215Thawing thickness—Thawing time/temperature control for safety foods.
HTMLPDF246-215-09220Public access—Separation barrier.
HTMLPDF246-215-09225Handwashing and wastewater—Facilities.
HTMLPDF246-215-09230Employee restrooms—Toilet facilities.
HTMLPDF246-215-09235Sink compartment requirements—Warewashing facilities.
HTMLPDF246-215-09240Sink compartment requirements—Food preparation sink.
Subpart C - Bed and Breakfast Operations
HTMLPDF246-215-09300Residential kitchen—Requirements and restrictions.
HTMLPDF246-215-09305Food protection—Standard operating procedures.
HTMLPDF246-215-09310Sinks—Sink compartment requirements.
Subpart D - Donated Food Distributing Organizations
HTMLPDF246-215-09400Requirements and exemptions.
HTMLPDF246-215-09405Standard operating procedures—Food protection.
HTMLPDF246-215-09406Standard operating procedures—Food handling.
HTMLPDF246-215-09407Standard operating procedures—Transportation.
HTMLPDF246-215-09410Sinks—Sink compartment requirements.
HTMLPDF246-215-09415Food sources—Donated foods.
HTMLPDF246-215-09420Receiving food—Food condition.
HTMLPDF246-215-09425Prohibited food—Restrictions.
HTMLPDF246-215-09430Food labels—Alternative labeling.
HTMLPDF246-215-09435Record keeping—Receiving record.
Subpart E - Preschools
HTMLPDF246-215-09500Requirements and exemptions.
HTMLPDF246-215-09505Standard operating procedures.
HTMLPDF246-215-09510Sink compartment requirements.
HTMLPDF246-215-09515Food preparation sink.
PART 10: SEVERABILITY
HTMLPDF246-215-10000Severability.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
246-215-001Purpose and authority. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-001, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-001, filed 4/1/92, effective 5/2/92; WSR 91-02-051 (Order 124B), recodified as § 246-215-001, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-001, filed 10/1/80; Regulation .84.001, filed 6/4/63; Regulation .84.001, effective 3/11/60.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-005Minimum performance standards. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-005, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-009Definitions. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-009, filed 12/27/90, effective 1/31/91; WSR 84-14-090 (Order 274), § 248-84-002, filed 7/3/84; WSR 80-14-059 (Order 203), § 248-84-002, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-010Definitions. [Statutory Authority: RCW 43.20.050. WSR 00-02-014, § 246-215-010, filed 12/27/99, effective 1/27/00; WSR 92-08-112 (Order 261B), § 246-215-010, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-011Definitions. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-011, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-019Food supplies. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-019, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-010, filed 10/1/80; Regulation .84.010, filed 6/4/63; Regulation .84.010, effective 3/11/60.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-020Food supplies. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-020, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-021Management and personnel. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-021, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-029Food protection and storage. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-029, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-015, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-030Food protection. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-030, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-031Employee hygiene. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-031, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-039Food preparation, display, service and transportation. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-039, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-020, filed 10/1/80; Regulation .84.020, filed 6/4/63; Regulation .84.020, effective 3/11/60.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-040Public health labeling. [Statutory Authority: RCW 43.20.050. WSR 00-02-014, § 246-215-040, filed 12/27/99, effective 1/27/00; WSR 92-08-112 (Order 261B), § 246-215-040, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-041Food supplies. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-041, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-04650Methods—Returnables, cleaning for refilling (2009 FDA Food Code 4-603.17). [Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-04650, filed 1/17/13, effective 5/1/13.] Repealed by WSR 21-01-122, filed 12/15/20, effective 3/1/22. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-049Personnel. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-049, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-025, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-050Food preparation. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-050, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-051Public health labeling. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-051, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-059Sanitary design, construction, and installation of equipment and utensils. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-059, filed 12/27/90, effective 1/31/91; WSR 84-14-090 (Order 274), § 248-84-030, filed 7/3/84; WSR 80-14-059 (Order 203), § 248-84-030, filed 10/1/80; Regulation .84.030, filed 6/4/63; Regulation .84.030 effective 3/11/60.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-060Modified atmosphere packaging. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-060, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-061Food handling. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-061, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-069Equipment and utensil cleaning and sanitation. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-069, filed 12/27/90, effective 1/31/91; WSR 84-14-090 (Order 274), § 248-84-035, filed 7/3/84; WSR 80-14-059 (Order 203), § 248-84-035, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-070Temperature control. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-070, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-071Equipment and utensils. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-071, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-079Sanitary facilities and controls. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-079, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-040, filed 10/1/80; Regulation .84.040, filed 6/4/63; Regulation .84.040, effective 3/11/60.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-080Personal hygiene. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-080, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-081Water, plumbing, and waste. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-081, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-089Garbage and rubbish. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-089, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-045, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-090Sanitary design, construction, and installation of equipment and utensils. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-090, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-091Physical facilities. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-091, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-09130Cooking thickness—Cooking raw meats. [Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-09130, filed 1/17/13, effective 5/1/13.] Repealed by WSR 21-01-122, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-09180Movable buildings—Lack of permanent plumbing. [Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-09180, filed 1/17/13, effective 5/1/13.] Repealed by WSR 21-01-122, filed 12/15/20, effective 3/1/22. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-099Insect and rodent control. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-099, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-050, filed 10/1/80; Regulation .84.050, filed 6/4/63; Regulation .84.050, effective 3/11/60.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-100Equipment and utensil cleaning and sanitizing. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-100, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-109Construction and maintenance of physical facilities. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-109, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-055, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-110Poisonous or toxic materials. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-110, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-119Mobile units. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-119, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-060, filed 10/1/80; Regulation .84.060, filed 6/4/63; Rules (part), effective 3/11/60.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-120Sanitary facilities and controls. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-120, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-121Mobile food units. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-121, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-129Bulk foods, storage, and display. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-129, filed 12/27/90, effective 1/31/91; WSR 84-14-090 (Order 274), § 248-84-062, filed 7/3/84.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-130Garbage, rubbish, and litter. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-130, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-131Temporary food establishments. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-131, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-139Temporary food service establishments. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-139, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-065, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-140Pests and pest control. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-140, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-141Bed and breakfast operations. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-141, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-149Permits required, suspension and revocation procedures. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-149, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-070, filed 10/1/80; Regulation .84.070 (part), filed 6/4/63; Rules (part), effective 3/11/60.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-150Construction and maintenance of physical facilities. [Statutory Authority: RCW 43.20.050 and chapter 70.84 RCW. WSR 02-09-028, § 246-215-150, filed 4/9/02, effective 5/10/02. Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-150, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-151Donated food distributing organizations. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-151, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-159Service of notices. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-159, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-075, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-160Mobile food units. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-160, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-169Hearings. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-169, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-080, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-170Customer self-service of food and bulk food dispensing. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-170, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-179Inspections. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-179, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-085, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-180Bed and breakfast food service operations. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-180, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-181Compliance and enforcement. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-181, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-189Examination—Hold orders—Condemnation—Destruction of food. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-189, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-090, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-190Temporary food service establishments. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-190, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-191Exempt from permit. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-191, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-199Review of plans. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-199, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-095, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-200Permits required, suspension, revocation, enforcement. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-200, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-200, filed 4/1/92, effective 5/2/92.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-209Procedure when infection is suspected. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-209, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-100, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-210Service of notices. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-210, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-210, filed 4/1/92, effective 5/2/92.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-219Variance clause. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-219, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-105, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-220Hearings. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-220, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-220, filed 4/1/92, effective 5/2/92.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-229Interpretation. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-229, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-110, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-230Inspections and investigations. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-230, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-239Sulfiting agents. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-239, filed 12/27/90, effective 1/31/91; WSR 85-11-024 (Order 288), § 248-84-120, filed 5/13/85.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-240Examination, hold orders, condemnation, and destruction of food. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-240, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-240, filed 4/1/92, effective 5/2/92.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-250Review of plans and menu. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-250, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-251Employee health. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-251, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-260Procedure when disease transmission is suspected. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-260, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-260, filed 4/1/92, effective 5/2/92.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-270Variance clause. [Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-270, filed 4/1/92, effective 5/2/92.] Repealed by WSR 04-22-111, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
246-215-280Interpretation. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-280, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-280, filed 4/1/92, effective 5/2/92.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-290Separability clause. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-290, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-290, filed 4/1/92, effective 5/2/92.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-300Penalty clause. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-300, filed 11/3/04, effective 5/2/05. Statutory Authority: RCW 43.20.050. WSR 92-08-112 (Order 261B), § 246-215-300, filed 4/1/92, effective 5/2/92.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-311Effective date. [Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. WSR 04-22-111, § 246-215-311, filed 11/3/04, effective 5/2/05.] Repealed by WSR 13-03-109, filed 1/17/13, effective 5/1/13. Statutory Authority: RCW 43.20.050 and 43.20.145.
246-215-500Separability clause. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-500, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-500, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.
246-215-900Penalty clause. [Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-215-900, filed 12/27/90, effective 1/31/91; WSR 80-14-059 (Order 203), § 248-84-900, filed 10/1/80.] Repealed by WSR 92-08-112 (Order 261B), filed 4/1/92, effective 5/2/92. Statutory Authority: RCW 43.20.050.


(Effective until March 1, 2022.)

PDF246-215-01100

Intent—Food safety, illness prevention, and honest presentation (2009 FDA Food Code 1-102.10).

The purpose of this chapter is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-01100, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-01100

IntentFood safety, illness prevention, and honest presentation (FDA Food Code 1-102.10).

The purpose of this chapter is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-01100, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-01100, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-01105

Scope—Statement (2009 FDA Food Code 1-103.10).

This chapter establishes definitions; sets standards for management and personnel, food operations, and equipment and facilities; and provides for food establishment plan review, permit issuance, inspection, employee restriction, and permit suspension.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-01105, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-01105

ScopeStatement (FDA Food Code 1-103.10).

This chapter establishes definitions; sets standards for management and personnel, food operations, and equipment and facilities; and provides for food establishment plan review, permit issuance, inspection, employee restriction, and permit suspension. This chapter adopts, with modification, the 2017 Food Code published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-01105, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-01105, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-01110

Applicability.

(1) The requirements of this chapter apply to an operation that meets the definition of a food establishment as defined in WAC 246-215-01115(48).
(2) When a local board of health adopts rules with more stringent provisions than those contained in this chapter, the more stringent rules apply.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-01110, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-01110

Applicability.

(1) The requirements of this chapter apply to an operation that meets the definition of a food establishment as defined in WAC 246-215-01115(50).
(2) When a local board of health adopts rules with more stringent provisions than those contained in this chapter, the more stringent rules apply.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-01110, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-01110, filed 1/17/13, effective 5/1/13.]



PDF246-215-01115

Definitions, abbreviations, and acronyms (FDA Food Code 1-201.10(B)).

The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.
(1) "accredited program."
(a) accredited program means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals.
(b) accredited program refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, recertification, discipline, and grievance procedures; and test development and administration.
(c) accredited program does not refer to training functions or educational programs.
(2) "active managerial control" means the purposeful use of specific policies and procedures in the food establishment to control foodborne illness risk factors. It embodies a preventive rather than reactive approach to food safety through a continuous system of training, monitoring, and verification.
(3) "additive."
(a) "food additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, Section 201(s) and 21 C.F.R. 170.3(e)(1).
(b) "color additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, Section 201(t) and 21 C.F.R. 70.3(f).
(4) "adulterated" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, Section 402.
(5) "approved" means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
(6) "asian rice-based noodles" means a rice-based pasta that contains rice powder, water, wheat starch, vegetable cooking oil, and optional ingredients to modify the pH or water activity, or to provide a preservative effect. The ingredients do not include products derived from animals. The rice-based pasta is prepared by using a traditional method that includes cooking by steaming at not less than one hundred thirty degrees Fahrenheit, for not less than four minutes.
(7) "asymptomatic."
(a) asymptomatic means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice.
(b) asymptomatic includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested.
(8) "aw" means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol aw.
(9) "balut" means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching.
(10) "bed and breakfast operation" means a private home or inn offering one or more lodging units on a temporary basis to travelers.
(11) "beverage" means a liquid for drinking, including water.
(12) "bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.
(13) "catering operation."
(a) catering operation means a person who contracts with a client to prepare a specific menu and amount of food in an approved food establishment for service to the client's guests or customers at a different location.
(b) Consistent with its application under WAC 246-215-08325, a catering operation approved for a permit may cook or perform final preparation on certain food at the service location.
(14) "certification number" means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program.
(15) "certified food protection manager" means an employee with the authority to implement food protection measures and who meets the certification requirements listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs.
(16) "C.F.R." means Code of Federal Regulations. Citations in this chapter to the C.F.R. refer sequentially to the Title, Part, and Section numbers, such as 40 C.F.R. 180.194 refers to Title 40, Part 180, Section 194.
(17) "cip."
(a) cip means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine.
(b) cip does not include the cleaning of equipment such as band saws, slicers, or mixers that are subject to in-place manual cleaning without the use of a cip system.
(18) "commingle" means:
(a) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label, or
(b) To combine shucked shellfish from containers with different container codes or different shucking dates.
(19) "comminuted."
(a) comminuted means reduced in size by methods including chopping, flaking, grinding, or mincing.
(b) comminuted includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of two or more types of meat that have been reduced in size and combined, such as sausages made from two or more meats.
(20) "commissary" means an approved food establishment where food is stored, prepared, portioned, or packaged for service elsewhere.
(21) "conditional employee" means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed to identify potential food employees who may be suffering from a disease that can be transmitted through food and done in compliance with Title 1 of the Americans with Disabilities Act of 1990.
(22) "confirmed disease outbreak" means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.
(23) "consumer" means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.
(24) "corrosion-resistant" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.
(25) "counter-mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.
(26) "critical control point" means a point or procedure in a specific food system where loss of control might result in an unacceptable health risk.
(27) "critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard might occur.
(28) "cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term "leafy greens" includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula, and chard. The term "leafy greens" does not include herbs such as cilantro or parsley. The term "cut" does not include removing and discarding the exterior leaves.
(29) "dealer" means a person who is authorized by a shellfish control authority for the activities of shellstock shipper, shucker-packer, repacker, reshipper, or depuration processor of molluscan shellfish according to the provisions of the National Shellfish Sanitation Program.
(30) "disclosure" means a written statement that clearly identifies the animal-derived foods which are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens.
(31) "donated food distributing organization" means a food establishment that is a charitable nonprofit organization under Section 501(c) of the federal Internal Revenue Code that distributes food free of charge to the needy.
(32) "donor" means a person, corporation, association, or other organization that donates food to a donated food distributing organization under the provisions of chapter 69.80 RCW, known as the Good Samaritan Food Donation Act.
(33) "donor kitchen" means a kitchen that is used by a donor to handle, store, or prepare food for donation to needy persons through a donated food distributing organization and which is not a residential kitchen in a private home.
(34) "drinking water."
(a) drinking water means water that meets 40 C.F.R. 141, National Primary Drinking Water Regulations.
(b) drinking water is traditionally known as "potable water."
(c) drinking water includes the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "nondrinking" water.
(d) drinking water means potable water that is supplied in compliance with chapters 246-290 and 246-291 WAC.
(35) "dry storage" means a room or area designated for the storage of packaged or containerized bulk food that is not time/temperature control for safetyfood and dry goods such as single-service articles.
(36) "easily cleanable."
(a) easily cleanable means a characteristic of a surface that:
(i) Allows effective removal of soil by normal cleaning methods;
(ii) Is dependent on the material, design, construction, and installation of the surface; and
(iii) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose and use.
(b) easily cleanable includes a tiered application of the requirements that qualify the surface as easily cleanable as specified in (a) of this subsection to different situations in which varying degrees of cleanability are required such as:
(i) The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or
(ii) The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.
(37) "easily movable" means:
(a) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and
(b) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.
(38) "egg."
(a) egg means the shell egg of avian species such as chicken, duck, goose, guinea, quail, ratites, turkey, or any other species of fowl.
(b) egg does not include:
(i) A balut;
(ii) The egg of a reptile species such as alligator; or
(iii) An egg product.
(39) "egg product."
(a) egg product means all, or a portion of, the contents found inside eggs separated from the shell and pasteurized in a food processing plant, with or without added ingredients, intended for human consumption such as dried, frozen, or liquid eggs.
(b) egg product does not include food which contains eggs only in a relatively small proportion such as cake mixes.
(40) "employee" means the permit holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment.
(41) "epa" means the United States Environmental Protection Agency.
(42) "equipment."
(a) equipment means an article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine.
(b) equipment does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.
(43) "exclude" means to prevent a person from working as an employee in a food establishment or entering a food establishment as an employee.
(44) "fda" means the United States Food and Drug Administration.
(45) "fish."
(a) fish means fresh or saltwater finfish, crustaceans, mollusks, and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, if such animal life is intended for human consumption.
(b) fish includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.
(46) "food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
(47) "foodborne disease outbreak" means the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.
(48) "food-contact surface" means:
(a) A surface of equipment or a utensil with which food normally comes into contact; or
(b) A surface of equipment or a utensil from which food might drain, drip or splash:
(i) Into a food; or
(ii) Onto a surface normally in contact with food.
(49) "food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.
(50) "food establishment."
(a) food establishment means an operation that:
(i) Stores, prepares, packages, serves, and vends food directly to the consumer, or otherwise provides food for human consumption such as a restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and
(ii) Relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery or grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
(b) food establishment includes:
(i) An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and
(ii) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.
(c) food establishment does not include:
(i) An establishment that offers only nontime/temperature control for safety food prepackaged in a licensed food establishment or food processing plant;
(ii) An establishment that offers only nontime/temperature control for safety food, nonready-to-eat, minimally cut, unprocessed fruits, vegetables, and fresh herbs;
(iii) A food processing plant, cottage food operation, or other establishment for activities regulated by the Washington state department of agriculture or the United States Department of Agriculture;
(iv) An establishment that offers only nontime/temperature control for safety food, ready-to-eat food produced in a licensed food establishment or food processing plant (such as premixed soda pop, powdered creamer, pretzels, cookies, doughnuts, cake, or meat jerky) that are served from the original package without direct hand contact, with limited portioning, directly onto or into sanitary single-use articles or single-service articles;
(v) An establishment that offers only nontime/temperature control for safety food, hot beverages (such as coffee, tea, or pasteurized apple cider) served directly into sanitary single-service articles;
(vi) An establishment that offers only dry nontime/temperature control for safety food, nonready-to-eat foods with no additional processing (such as dry beans, dry grains, in-shell nuts, coffee beans, tea leaves, or herbs for tea);
(vii) An establishment that offers only prepackaged frozen confections produced in a licensed food establishment or food processing plant;
(viii) A residential kitchen in a private home or other location, if only foods that are nontime/temperature control for safety food baked goods are prepared and wrapped in a sanitary manner for sale or service by a nonprofit organization operating for religious, charitable, or educational purposes and if the consumer is informed by a clearly visible placard at the sales or service location that the foods are prepared in a kitchen that is not inspected by a regulatory authority;
(ix) A location where foods that are prepared as specified in (c)(viii) of this subsection are sold or offered for human consumption;
(x) A hotel, motel, or other similar business that maintains an ice dispensing machine for self-service use by guests and the ice is not used by a food establishment;
(xi) A kitchen in a private home operated as a family day care provider as defined in RCW 43.215.010 (1)(c) or an adult family home as defined in RCW 70.128.010, used only to prepare food for residents and other people for whom the operation is licensed to provide care;
(xii) A private home that receives catered or home-delivered food;
(xiii) A private home or other location used for a private event;
(xiv) A donor kitchen;
(xv) A location used for a potluck;
(xvi) A location, not including special events as defined in RCW 82.32.033, operating thirty or fewer days per calendar year, used by a person under the age of eighteen for the sale of nonalcoholic beverages, such as lemonade, using nontime/temperature control for safety food with no direct hand contact and served directly into single-service articles; and
(xvii) A bed and breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed two, breakfast is the only meal offered, and the consumer is informed in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated or inspected by the regulatory authority.
(51) "food processing plant."
(a) food processing plant means a commercial operation that manufactures, packages, labels, or stores food for human consumption, and provides food for sale or distribution to other business entities such as food processing plants or food establishments.
(b) food processing plant does not include a food establishment.
(52) "food worker card" means a food and beverage service worker's permit as required under chapter 69.06 RCW.
(53) "game animal."
(a) game animal means an animal, the products of which are food that is not classified as livestock, sheep, swine, goat, horse, mule, or other equine in 9 C.F.R. 301.2 Definitions, or as poultry, or fish.
(b) game animal includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c) game animal does not include ratites.
(54) "grade a standards" means the requirements of the United States Public Health Service/FDA "Grade A Pasteurized Milk Ordinance" with which certain fluid and dry milk and milk products comply.
(55) "haccp plan" means a written document that delineates the formal procedures for following the Hazard Analysis and Critical Control Point principles developed by The National Advisory Committee on Microbiological Criteria for Foods.
(56) "handwashing sink."
(a) handwashing sink means a lavatory, a basin or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed for the washing of the hands.
(b) handwashing sink includes an automatic handwashing facility.
(57) "hazard" means a biological, chemical, or physical property that might cause an unacceptable consumer health risk.
(58) "health practitioner" means a physician licensed to practice medicine, or if allowed by law, a nurse practitioner, physician assistant or similar medical professional.
(59) "hermetically sealed container" means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.
(60) "highly susceptible population" means people who are more likely than others in the general population to experience foodborne disease because they are:
(a) Immunocompromised, preschool age children, or older adults; and
(b) Obtaining food at a facility that provides services in a custodial care, health care, or assisted living setting including, but not limited to, child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center.
(61) "immediate service" means service to the public within thirty minutes of preparation.
(62) "imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne disease outbreak, gross insanitary occurrence or condition, or other circumstance that might endanger public health.
(63) "injected" means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as "injecting," "pump marinating," or "stitch pumping."
(64) "intact meat" means a cut of whole muscle(s) meat that has not undergone comminution, injection, mechanical tenderization, or reconstruction.
(65) "juice."
(a) juice means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or puree.
(b) juice does not include, for purposes of HACCP, liquids, purees, or concentrates that are not used as beverages or ingredients of beverages.
(66) "kitchenware" means food preparation and storage utensils.
(67) "law" means applicable local, state, and federal statutes, regulations, and ordinances.
(68) "linens" means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.
(69) "local board of health" means the county or district board of health.
(70) "local health officer" means the legally qualified physician who has been appointed as the health officer for the county or district public health department.
(71) "major food allergen."
(a) major food allergen means:
(i) Milk, egg, fish (such as bass, flounder, cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or
(ii) A food ingredient that contains protein derived from a food as specified in (a)(i) of this subsection.
(b) major food allergen does not include:
(i) Any highly refined oil derived from a food specified in (a)(i) of this subsection and any ingredient derived from such highly refined oil; or
(ii) An ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004. (Public Law 108-282.)
(72) "meat" means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish and poultry.
(73) "mechanically tenderized."
(a) mechanically tenderized means manipulating meat with deep penetration by processes which may be referred to as "blade tenderizing," "jaccarding," "pinning," "needling," or using blades, pins, needles, or any mechanical device.
(b) mechanically tenderized does not include processes by which solutions are injected into meat.
(74) "mg/L" means milligrams per liter, which is the metric equivalent of parts per million (ppm).
(75) "mobile food unit" means a readily movable food establishment.
(76) "mobile primary permit" means a permit issued by a regulatory authority to operate a mobile food unit within the jurisdiction of the regulatory authority where the business is primarily located.
(77) "mobile secondary permit" means a permit issued by a regulatory authority to an applicant holding a valid mobile primary permit as detailed in RCW 43.20.149.
(78) "molluscan shellfish" means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.
(79) "noncontinuous cooking."
(a) noncontinuous cooking means the cooking of food in a food establishment using a process in which the initial heating of the food is intentionally halted so that it may be cooled and held for complete cooking at a later time prior to sale or service.
(b) noncontinuous cooking does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process.
(80) "packaged."
(a) packaged means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant.
(b) packaged does not include a wrapper, carry-out box, or other nondurable container used by a food employee to protect the food during service or delivery to the consumer:
(i) Upon consumer request; or
(ii) During display at a staffed, self-service buffet line, or vending machine on the premises serving food prepared by the food establishment, such as at a school.
(81) "permit" means the document issued by the regulatory authority that authorizes a person to operate a food establishment.
(82) "permit holder" means the entity that:
(a) Is legally responsible for the operation of the foodestablishment such as the owner, the owner's agent, or other person; and
(b) When required, possesses a valid permit to operate a food establishment.
(83) "person" means any individual, corporation, company, association, society, firm, partnership, joint stock company, or any governmental agency, or the authorized agents of these entities.
(84) "person in charge" means the individual present at a food establishment who is responsible for the operation at the time.
(85) "personal care items."
(a) personal care items means items or substances that might be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance.
(b) personal care items include items such as medicines; first-aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash.
(86) "pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between zero and seven indicate acidity and values between seven and fourteen indicate alkalinity. The value for pure distilled water is seven, which is considered neutral.
(87) "physical facilities" means the structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.
(88) "plumbing fixture" means a receptacle or device that:
(a) Is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or
(b) Discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.
(89) "plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water treating equipment.
(90) "poisonous or toxic materials" means substances that are not intended for ingestion and are included in four categories:
(a) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;
(b) Pesticides, except sanitizers, which include substances such as insecticides and rodenticides;
(c) Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that might be deleterious to health; and
(d) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.
(91) "potluck" means an event where:
(a) People are gathered to share food;
(b) People attending the event are expected to bring food to share;
(c) There is no compensation provided for people bringing food to the event;
(d) There is no charge for any food or beverage provided at the event; and
(e) The event is not conducted for commercial purposes.
(92) "poultry" means:
(a) Any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or squabs), whether live or dead, as defined in 9 C.F.R. 381.1 Poultry Products Inspection Regulations Definitions, Poultry; and
(b) Any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined in 9 C.F.R. 362.1 Voluntary Poultry Inspection Regulations, Definitions.
(93) "premises" means:
(a) The physical facility, its contents, and the contiguous land or property under the control of the permit holder; or
(b) The physical facility, its contents, and the land or property not described under (a) of this subsection if its facilities and contents are under control of the permit holder and might impact foodestablishment personnel, facilities, or operations, and a foodestablishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.
(94) "preschool."
(a) preschool means a program that provides organized care and education for children below the age required for kindergarten entry. A preschool operates for two or more days per week with no child enrolled on a regular basis for more than four hours per day.
(b) preschool does not include:
(i) Programs where the parent or guardian is present at each session;
(ii) Parent-child classes where the focus is on parent education;
(iii) Short-term parks and recreation programs;
(iv) Informal parent and child groups;
(v) Irregular babysitting;
(vi) Licensed child care; or
(vii) food preparation and service operations otherwise under permit or license by the regulatory authority.
(95) "primal cut" means a basic major cut into which carcasses and sides of meat are separated, such as beef round, pork loin, lamb flank, or veal breast.
(96) "private event" means a private gathering limited to members and guests of members of a family, organization, or club, where the event is not open or advertised to the general public, and where food is provided without compensation.
(97) "public water system" means a drinking water system that is operated in compliance with chapters 246-290 and 246-291 WAC.
(98) "ratite" means a flightless bird such as an emu, ostrich, or rhea.
(99) "ready-to-eat food."
(a) ready-to-eat food means food that:
(i) Is in a form that is edible without additional preparation to achieve food safety, as specified under WAC 246-215-03400 (1) through (3) or WAC 246-215-03405 or 246-215-03425; or
(ii) Is a raw or partially cooked animal food and the consumer is advised as specified under WAC 246-215-03400 (4)(a) and (c); or
(iii) Is prepared in accordance with a variance that is granted as specified under WAC 246-215-03400 (4)(d); and
(iv) May receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.
(b) ready-to-eat food includes:
(i) Raw animal food that is cooked as specified under WAC 246-215-03400 or 246-215-03405, or frozen as specified under WAC 246-215-03425;
(ii) Raw fruits and vegetables that are washed as specified under WAC 246-215-03318;
(iii) Fruits and vegetables that are cooked for hot holding, as specified under WAC 246-215-03410;
(iv) All time/temperature control for safetyfood that is cooked to the temperature and time required for the specific food under WAC 246-215-03400 through 246-215-03445 and cooled as specified under WAC 246-215-03515;
(v) Plant food for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present, are removed;
(vi) Substances derived from plants such as spices, seasonings, and sugar;
(vii) A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety;
(viii) The following products that are produced in accordance with usda guidelines and that have received a lethality treatment for pathogens: Dry, fermented sausages, such as dry salami or pepperoni; salt cured meat and poultry products, such as prosciutto ham, country cured ham, and Parma ham; and dried meat and poultry products, such as jerky or beef sticks; and
(ix) foods manufactured according to 21 C.F.R. Part 113, Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.
(100) "red high risk factors" are improper practices or procedures identified as the most prevalent contributing factors to foodborne illness or injury, as listed on the food Establishment Inspection Report form.
(101) "reduced oxygen packaging."
(a) reduced oxygen packaging means:
(i) The reduction of the amount of oxygen in a package by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases; or otherwise controlling the oxygen content to a level below that normally found in the atmosphere (approximately twenty-one percent at sea level); and
(ii) A process as specified in (a)(i) of this subsection that involves a food for which the hazards Clostridium botulinum or Listeria monocytogenes require control in the final packaged form.
(b) reduced oxygen packaging includes:
(i) Vacuum packaging, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package;
(ii) Modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere might change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes reduction of the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen;
(iii) Controlled atmosphere packaging, in which the atmosphere of a package of food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material;
(iv) Cook chill packaging, in which cooked food is hot filled into impermeable bags which have the air expelled and are then sealed or crimped closed. The bagged food is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens; or
(v) Sous vide packaging, in which raw or partially cooked food is vacuum packaged in an impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens.
(102) "refuse" means solid waste not carried by water through a sewage system.
(103) "regulatory authority" means the local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishment. The local board of health, acting through the local health officer, is the regulatory authority for the activity of a food establishment, except as otherwise provided by law.
(104) "reminder" means a written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens.
(105) "reservice" means the transfer of food that is unused and returned by a consumer after being served or sold and in the possession of the consumer, to another person. reservice does not include food displayed on a self-service operation as described in WAC 246-215-03369.
(106) "restrict" means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens, unwrapped single-servicearticles, or unwrapped single-use articles.
(107) "restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss as defined in 9 C.F.R. 590.
(108) "restricted use pesticide" means a pesticide product that contains the active ingredients specified in 40 C.F.R. 152.175 Pesticides Classified for Restricted Use, and that is limited to use by or under the direct supervision of a certified applicator.
(109) "risk" means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.
(110) "safe material" means:
(a) An article manufactured from or composed of materials that might not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food;
(b) An additive that is used as specified in Section 409 of the Federal Food, Drug, and Cosmetic Act; or
(c) Other materials that are not additives and that are used in conformity with applicable regulations of the FDA.
(111) "sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.
(112) "sealed" means free of cracks or other openings that allow the entry or passage of moisture.
(113) "service animal" means any dog or miniature horse, meeting the requirements in RCW 49.60.040 that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.
(114) "servicing area" means an operating base location to which a mobile food unit or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.
(115) "sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.
(116) "shellfish control authority" means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce.
(117) "shellstock" means raw, in-shell molluscan shellfish.
(118) "shiga toxin-producing escherichia coli (STEC)" means any E. coli capable of producing Shiga toxins (also called verocytotoxins). STEC infections can be asymptomatic or may result in a spectrum of illness ranging from mild nonbloody diarrhea, to hemorrhagic colitis (i.e., bloody diarrhea), to hemolytic uremic syndrome (HUS-a type of kidney failure). Examples include E. coli O157, E. coli O26, and E. coli O145.
(119) "shucked shellfish" means molluscan shellfish that have one or both shells removed.
(120) "single-service articles" means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one-time, one-person use after which they are intended for discard.
(121) "single-use articles."
(a) single-use articles means utensils and bulk food containers designed and constructed to be used once and discarded.
(b) single-use articles includes items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials, durability, strength, and cleanability specifications under WAC 246-215-04100, 246-215-04200, and 246-215-04204 for multiuse utensils.
(122) "slacking" means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of -10°F (-23°C) to 25°F (-4°C) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as shrimp.
(123) "smooth" means:
(a) A food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) number three stainless steel;
(b) A nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and
(c) A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.
(124) "tableware" means eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates.
(125) "temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.
(126) "temporary food establishment" means a food establishment:
(a) Operating at a fixed location, with a fixed menu, for not more than twenty-one consecutive days in conjunction with a single event or celebration, such as a fair or festival; or
(b) Operating not more than three days a week at a fixed location, with a fixed menu, in conjunction with an approved, recurring, organized event, such as a farmers market.
(127) "time/temperature control for safety food" (TCS)(formerly "potentially hazardous food" (PHF)).
(a) time/temperature control for safety food means a food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation.
(b) time/temperature control for safety food includes:
(i) An animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, fresh herb-in-oil mixtures, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and
(ii) Except as specified in subsection (3)(d) of this definition, a food that because of the interaction of its AW and pH values is designated as product assessment required (PA) in Table A or B of this definition:
Table A. Interaction of pH and Aw for control of spores in food heat-treated to destroy vegetative cells and subsequently packaged
Awvalues
pH: 4.6 or less
pH: ˃4.6 - 5.6
pH: ˃5.6
≤0.92
non-tcs food
non-tcs food
non-tcs food
˃0.92 - 0.95
non-tcs food
non-tcs food
PA
˃0.95
non-tcs food
PA
PA
Table B. Interaction of pH and Aw for control of vegetative cells and spores in food not heat-treated or heat-treated but not packaged
Awvalues
pH: <4.2
pH: 4.2 - 4.6
pH: ˃4.6 - 5.0
pH: ˃5.0
<0.88
non-tcs food
non-tcs food
non-tcs food
non-tcs food
0.88 - 0.90
non-tcs food
non-tcs food
non-tcs food
PA
˃0.90 - 0.92
non-tcs food
non-tcs food
PA
PA
˃0.92
non-tcs food
PA
PA
PA
(c) time/temperature control for safety food does not include:
(i) An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard boiled, but has been pasteurized to destroy all viable Salmonellae;
(ii) A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution;
(iii) A food that because of its pH or Aw value, or interaction of Aw and pH values, is designated as a non-tcs food in Table A or B of this subsection;
(iv) A food that is designated as product assessment required (PA) in Table A or B of this subsection and has undergone a product assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded due to:
(A) Intrinsic factors including added or natural characteristics of the food such as preservatives, antimicrobials, humectants, acidulants or nutrients;
(B) Extrinsic factors including environmental or operational factors that affect the food such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life and use, or temperature range of storage and use; or
(C) A combination of intrinsic and extrinsic factors; or
(v) A food that does not support the growth or toxic formation of pathogenic microorganisms in accordance with (c)(i) through (iv) of this subsection even though the FOOD might contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.
(128) "USDA" means the United States Department of Agriculture.
(129) "utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; temperature sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food.
(130) "variance" means a written document issued by the regulatory authority that authorizes a modification or waiver of one or more requirements of this chapter if, in the opinion of the regulatory authority, a health hazard or nuisance will not result from the modification or waiver.
(131) "vending machine" means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by electronic transaction or optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.
(132) "vending machine location" means the room, enclosure, space, or area where one or more vending machines are installed and operated and includes the storage areas and areas on the premises that are used to service and maintain the vending machines.
(133) "warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.
(134) "whole-muscle, intact beef" means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-01115, filed 12/15/20, effective 1/15/21; WSR 13-03-109, § 246-215-01115, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02100

Responsibility—Assignment (2009 FDA Food Code 2-101.11).

(1) Except as specified in subsection (2) of this section, the permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation.
(2) In a food establishment with two or more separately permitted departments that are the legal responsibility of the same permit holder and that are located on the same premises, the permit holder may, during specific time periods when food is not being prepared, packaged, or served, designate a single person in charge who is present on the premises during all hours of operation, and who is responsible for each separately permitted food establishment on the premises.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02100, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02100

ResponsibilityAssignment (FDA Food Code 2-101.11).

(1) Except as specified in subsection (2) of this section, the permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation.
(2) In a food establishment with two or more separately permitted departments that are the legal responsibility of the same permit holder and that are located on the same premises, the permit holder may, during specific time periods when food is not being prepared, packaged, or served, designate a single person in charge who is present on the premises during all hours of operation, and who is responsible for each separately permitted food establishment on the premises.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02100, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02100, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02105

Demonstration of knowledge (2009 FDA Food Code 2-102.11).

Based on the risks of foodborne illness inherent to the food operation, during inspections and upon request, the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the hazard analysis and critical control point principles, and the requirements of this chapter. The person in charge shall demonstrate this knowledge by:
(1) Complying with this chapter by having no violations of red high risk factors during the current inspection;
(2) Being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program; or
(3) Responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include:
(a) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a foodemployee;
(b) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a foodemployee who has a disease or medical condition that might cause foodborne disease;
(c) Describing the symptoms associated with the diseases that are transmissible through food;
(d) Explaining the significance of the relationship between maintaining the time and temperature of potentially hazardousfood and the prevention of foodborne illness;
(e) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish;
(f) Stating the required food temperatures and times for safe cooking of potentially hazardousfood including meat, poultry, eggs, and fish;
(g) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of potentially hazardousfood;
(h) Describing the relationship between the prevention of foodborne illness and the management and control of the following:
(i) Cross contamination;
(ii) Hand contact with ready-to-eatfoods;
(iii) Handwashing; and
(iv) Maintaining the foodestablishment in a clean condition and in good repair;
(i) Describing foods identified as majorfoodallergens and the symptoms that a majorfoodallergen could cause in a sensitive individual who has an allergic reaction;
(j) Explaining the relationship between food safety and providing equipment that is:
(i) Sufficient in number and capacity; and
(ii) Properly designed, constructed, located, installed, operated, maintained, and cleaned;
(k) Explaining correct procedures for cleaning and sanitizingutensils and food-contact surfaces of equipment;
(l) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;
(m) Identifying poisonous or toxic materials in the foodestablishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law;
(n) Identifying critical control points in the operation from purchasing through sale or service that when not controlled can contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this chapter;
(o) Explaining the details of how the person in charge and foodemployees comply with the HACCP plan if a plan is required by the law, this chapter, or an agreement between the regulatory authority and the foodestablishment;
(p) Explaining the responsibilities, rights, and authorities assigned by this chapter to the:
(i) foodemployee;
(ii) conditional employee;
(iii) person in charge; and
(iv) regulatory authority;
(q) Explaining how the person in charge, foodemployees and conditional employees comply with reporting responsibilities and exclusion or restriction of foodemployees.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02105, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02105

Demonstration of knowledge (FDA Food Code 2-102.11).

Based on the risks of foodborne illness inherent to the food operation, during inspections and upon request, the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the hazard analysis and critical control point principles, and the requirements of this chapter. The person in charge shall demonstrate this knowledge by:
(1) Complying with this chapter by having no violations of red high risk factors during the current inspection;
(2) Being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program; or
(3) Responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include:
(a) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a foodemployee;
(b) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a foodemployee who has a disease or medical condition that might cause foodborne disease;
(c) Describing the symptoms associated with the diseases that are transmissible through food;
(d) Explaining the significance of the relationship between maintaining the time and temperature of time/temperature control for safety food and the prevention of foodborne illness;
(e) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish;
(f) Stating the required food temperatures and times for safe cooking of time/temperature control for safety food including meat, poultry, eggs, and fish;
(g) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of time/temperature control for safety food;
(h) Describing the relationship between the prevention of foodborne illness and the management and control of the following:
(i) Cross contamination;
(ii) Hand contact with ready-to-eatfoods;
(iii) Handwashing; and
(iv) Maintaining the foodestablishment in a clean condition and in good repair;
(i) Describing foods identified as majorfoodallergens and the symptoms that a majorfoodallergen could cause in a sensitive individual who has an allergic reaction;
(j) Explaining the relationship between food safety and providing equipment that is:
(i) Sufficient in number and capacity; and
(ii) Properly designed, constructed, located, installed, operated, maintained, and cleaned;
(k) Explaining correct procedures for cleaning and sanitizingutensils and food-contact surfaces of equipment;
(l) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;
(m) Identifying poisonous or toxic materials in the foodestablishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law;
(n) Identifying critical control points in the operation from purchasing through sale or service that when not controlled can contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this chapter;
(o) Explaining the details of how the person in charge and foodemployees comply with the haccp plan if a plan is required by the law, this chapter, or an agreement between the regulatory authority and the foodestablishment;
(p) Explaining the responsibilities, rights, and authorities assigned by this chapter to the:
(i) food employee;
(ii) conditional employee;
(iii) person in charge;
(iv) regulatory authority; and
(q) Explaining how the person in charge, food employees and conditional employees comply with reporting responsibilities and exclusion or restriction of food employees.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02105, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02105, filed 1/17/13, effective 5/1/13.]



(Effective March 1, 2022)

PDF246-215-02107

Certified food protection manager (FDA Food Code 2-102.12).

(1) By March 1, 2023, food establishments must have at least one certified food protection manager on staff as evidenced by a valid certificate available from an accredited program. The certificate must be available upon request. If the certified food protection manager leaves employment for any reason, the food establishment must have another certified food protection manager on staff within sixty days.
(2) This section does not apply to certain types of food establishments deemed by the regulatory authority to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of the operation and extent of food preparation.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02107, filed 12/15/20, effective 3/1/22.]



(Effective until March 1, 2022.)

PDF246-215-02110

Duties—Food protection manager certification (2009 FDA Food Code 2-102.20).

A person in charge who is certified by a food protection manager certification program is deemed to comply with WAC 246-215-02105(2). The certification program must be evaluated and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02110, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02110

DutiesFood protection manager certification (FDA Food Code 2-102.20).

certified food protection manager responsibilities include training and implementing a program of food protection and education for each person in charge, so each person in charge is able to successfully demonstrate knowledge described in WAC 246-215-02105, and fulfill the duties as described in WAC 246-215-02115 to maintain active managerial control.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02110, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02110, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02115

Duties—Person in charge (2009 FDA Food Code 2-103.11).

The person in charge shall ensure that:
(1) food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under WAC 246-215-06290;
(2) Persons unnecessary to the food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles are protected from contamination;
(3) employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this chapter;
(4) employees are effectively cleaning their hands by routinely monitoring the employees' handwashing;
(5) employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt;
(6) employees are properly cooking potentially hazardousfood, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under WAC 246-215-04220 and 246-215-04580(2);
(7) employees are using proper methods to rapidly cool potentially hazardousfoods that are not held hot or are not for consumption within four hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling;
(8) consumers who order raw or partially cooked ready-to-eatfoods of animal origin are informed as specified under WAC 246-215-03620 that the food is not cooked sufficiently to ensure its safety;
(9) employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing;
(10) consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified under WAC 246-215-03345;
(11) Except when approval is obtained from the regulatory authority as specified under WAC 246-215-03300(4), employees are preventing cross-contamination of ready-to-eatfood with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment;
(12) employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties; and
(13) foodemployees and conditional employees are informed of their responsibility to report in accordance with law, to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food, as specified under WAC 246-215-02205.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02115, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02115

DutiesPerson in charge (FDA Food Code 2-103.11).

The person in charge shall ensure that:
(1) food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under WAC 246-215-06290;
(2) Persons unnecessary to the food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles are protected from contamination;
(3) employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this chapter;
(4) employees are effectively cleaning their hands by routinely monitoring the employees' handwashing;
(5) employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt;
(6) employees are verifying that foods delivered to the food establishment during nonoperating hours are from approved sources and are placed into appropriate storage locations such that they are maintained at the required temperatures, protected from contamination, unadulterated and accurately presented;
(7) employees are properly cooking time/temperature control for safety food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under WAC 246-215-04220 and 246-215-04580(2);
(8) employees are using proper methods to rapidly cool time/temperature control for safety foods that are not held hot or are not for consumption within four hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling;
(9) employees are properly maintaining the temperatures of time/temperature control for safety food during hot and cold holding through daily oversight of the employees' routine monitoring of food temperatures;
(10) consumers who order raw or partially cooked ready-to-eatfoods of animal origin are informed as specified under WAC 246-215-03620 that the food is not cooked sufficiently to ensure its safety;
(11) employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing;
(12) consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified under WAC 246-215-03345;
(13) Except when approval is obtained from the regulatory authority as specified under WAC 246-215-03300(5), employees are preventing cross-contamination of ready-to-eatfood with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment;
(14) employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties;
(15) foodemployees and conditional employees are informed in a verifiable manner of their responsibility to report in accordance with law, to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food, as specified under WAC 246-215-02205; and
(16) Written procedures and plans, such as a clean-up plan for vomit and diarrhea, where specified by this chapter and as developed by the food establishment to ensure active managerial control, are maintained and implemented as required.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02115, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02115, filed 1/17/13, effective 5/1/13.]



PDF246-215-02120

Food worker cards.

(1) The permit holder and person in charge of the foodestablishment shall ensure that all foodemployees are in compliance with the provisions of chapter 69.06 RCW and chapter 246-217 WAC for obtaining and renewing valid foodworker cards.
(2) The permit holder and person in charge of the foodestablishment shall display or file the original or a copy of the foodworker card of each foodemployee at the employee's place of employment, to be available for inspection by the regulatory authority upon request.
(3) This section does not add to, or remove from, the provisions of chapter 69.06 RCW and chapter 246-217 WAC regarding foodworker cards.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02120, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02200

Employee health—Reporting policy.

The permit holder shall require foodemployees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. A foodemployee or conditional employee shall report the information in a manner that allows the person in charge to reduce the risk of foodborne disease transmission, including providing necessary additional information, such as the date of onset of illness symptoms.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02200, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02200

Employee healthReporting policy.

The permit holder shall require foodemployees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. A foodemployee or conditional employee shall report the information in a manner that allows the person in charge to reduce the risk of foodborne disease transmission, including providing necessary additional information, such as the date of onset of illness symptoms, diagnosis, or exposure to illness.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02200, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02200, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02205

Employee health—Reportable history of illness.

(1) foodemployees and conditional employees shall report to the person in charge if they:
(a) Have diarrhea, vomiting, sore throat with fever, or jaundice (yellow skin or eyes), except as specified under WAC 246-215-02235;
(b) Have a lesion containing pus such as a boil or infected wound that is open or draining and is:
(i) On the hands or wrist;
(ii) On exposed portions of the arms; or
(iii) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage; or
(c) Have an illness diagnosed by a health practitioner as due to an infection with:
(i) Hepatitis A virus;
(ii) Salmonella Typhi (Typhoid Fever);
(iii) Shigella; or
(iv) Enterohemorrhagic or shiga toxin-producing escherichia coli.
(2) In addition to the reporting in subsection (1) of this section, foodemployees and conditional employees in a foodestablishment serving a highly susceptible population shall report to the person in charge if they:
(a) Have an illness diagnosed by a health practitioner as due to an infection with Norovirus or Salmonella other than Salmonella Typhi;
(b) Have consumed or prepared food implicated in a confirmed disease outbreak;
(c) Have attended or worked in a setting where there is a confirmed disease outbreak;
(d) Live in the same household as someone who works at or attended a setting where there is a confirmed disease outbreak; or
(e) Live in the same household as or have consumed food prepared by a person who is infected or ill with:
(i) Enterohemorrhagic or shiga toxin-producing escherichia coli;
(ii) Shigella;
(iii) Salmonella Typhi; or
(iv) Hepatitis A virus or jaundice.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02205, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02205

Employee healthReportable history of illness.

(1) foodemployees and conditional employees shall report to the person in charge if they:
(a) Have diarrhea, vomiting, sore throat with fever, or jaundice (yellow skin or eyes), except as specified under WAC 246-215-02235;
(b) Have a lesion containing pus such as a boil or infected wound that is open or draining and is:
(i) On the hands or wrist;
(ii) On exposed portions of the arms; or
(iii) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage; or
(c) Have an illness diagnosed by a health practitioner as due to an infection with:
(i) Norovirus;
(ii) Hepatitis A virus;
(iii) Shigella spp.;
(iv) shiga toxin-producing escherichia coli;
(v) Salmonella Typhi (Typhoid fever); or
(vi) Salmonella (nontyphoidal).
(2) In addition to the reporting in subsection (1) of this section, foodemployees and conditional employees in a foodestablishment serving a highly susceptible population shall report to the person in charge if they:
(a) Have consumed or prepared food implicated in a confirmed disease outbreak;
(b) Have attended or worked in a setting where there is a confirmed disease outbreak;
(c) Live in the same household as someone who works at or attended a setting where there is a confirmed disease outbreak; or
(d) Live in the same household as or have consumed food prepared by a person who is infected or ill with:
(i) shiga toxin-producing escherichia coli;
(ii) Shigella spp.;
(iii) Salmonella Typhi;
(iv) Hepatitis A virus or jaundice; or
(v) Norovirus.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02205, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02205, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02210

Employee health—Prohibit a conditional employee from becoming a food employee.

The person in charge shall ensure that a conditional employee who reports symptoms or a diagnosed disease as described in WAC 246-215-02205 (1) or (2)(a) does not become a foodemployee until they meet the requirements for the removal of restriction or exclusion in WAC 246-215-02245 and 246-215-02250. A conditional employee that reports a history of exposure to disease in WAC 246-215-02205 (2)(b) through (e) may not become a foodemployee in a foodestablishment serving a highly susceptible population until the requirements in WAC 246-215-02250 are met.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02210, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02210

Employee healthProhibit a conditional employee from becoming a food employee.

The person in charge shall ensure that a conditional employee who exhibits or reports symptoms or a diagnosed disease as described in WAC 246-215-02205(1) does not become a foodemployee until they meet the requirements for the removal of restriction or exclusion in WAC 246-215-02245 and 246-215-02250. A conditional employee that reports a history of exposure to disease in WAC 246-215-02205 (2)(a) through (d) may not become a food employee in a foodestablishment serving a highly susceptible population until the requirements in WAC 246-215-02250 are met.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02210, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02210, filed 1/17/13, effective 5/1/13.]



PDF246-215-02215

Employee health—Notify health officer.

The person in charge shall notify the local health officer and the regulatory authority, if not the same agency, when a foodemployee is:
(1) Jaundiced; or
(2) Diagnosed with an illness due to a pathogen as specified under WAC 246-215-02205 (1)(c) and (2)(a).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02215, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02220

Employee health—Conditions of exclusion.

Except as provided in WAC 246-215-02235, the person in charge of a foodestablishment shall exclude any foodemployee who is known to have:
(1) Diarrhea or vomiting;
(2) Jaundice;
(3) A diagnosed infection (symptomatic or asymptomatic) with Salmonella Typhi, Shigella, Enterohemorrhagic or shiga toxin-producing escherichia coli, or hepatitis A virus;
(4) A sore throat with fever or a diagnosed infection with Norovirus or Salmonella other than Salmonella Typhi, and works in a foodestablishment serving a highly susceptible population; or
(5) A previous infection with Salmonella Typhi within the past three months without having antibiotic therapy.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02220, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02220

Employee healthConditions of exclusion.

Except as provided in WAC 246-215-02235, the person in charge of a foodestablishment shall exclude any foodemployee who is known to have:
(1) Diarrhea or vomiting;
(2) Jaundice;
(3) A diagnosed infection (symptomatic or asymptomatic) with Salmonella Typhi, Shigella, shiga toxin-producing escherichia coli, Norovirus, or hepatitis A virus;
(4) A sore throat with fever and works in a foodestablishment serving a highly susceptible population; or
(5) A previous infection with Salmonella Typhi within the past three months without having antibiotic therapy.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02220, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02220, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02225

Employee health—Conditions of restriction.

The person in charge of a foodestablishment shall restrict any foodemployee who is known to have:
(1) A lesion that appears inflamed or contains pus and that is not covered;
(2) Exposure to foodborne pathogens as described in WAC 246-215-02205 (2)(b) through (e) and works in a foodestablishment serving a highly susceptible population; or
(3) A sore throat with fever.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02225, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02225

Employee healthConditions of restriction.

The person in charge of a foodestablishment shall restrict any foodemployee who is known to have:
(1) A lesion that appears inflamed or contains pus and that is not covered;
(2) Exposure to foodborne pathogens as described in WAC 246-215-02205 (2)(a) through (d) and works in a foodestablishment serving a highly susceptible population; or
(3) A sore throat with fever.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02225, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02225, filed 1/17/13, effective 5/1/13.]



PDF246-215-02230

Employee health—Aiding illness investigations.

The person in charge of a foodestablishment and all employees shall cooperate with the regulatory authority and the local health officer investigating:
(1) A foodborne disease outbreak or a suspected foodborne disease outbreak; or
(2) A foodemployee suspected to be infected with a disease agent that can be transmitted from a foodemployee through food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02230, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02235

Employee health—Other conditions.

A foodemployee with a symptom of gastrointestinal illness, such as vomiting, diarrhea, or jaundice, may work in a foodestablishment without special restriction, provided that the foodemployee furnishes written medical documentation to the regulatory authority from a health practitioner that the symptom is due to a medical condition not transmissible through food, such as Crohn's disease, irritable bowel syndrome, ulcerative colitis, or hepatitis C.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02235, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02235

Employee healthOther conditions.

A food employee with a symptom of gastrointestinal illness, such as vomiting, diarrhea, or jaundice, may work in a food establishment without special restriction, provided that the food employee furnishes written medical documentation from a health practitioner to the regulatory authority or person-in-charge that the symptom is due to a medical condition not transmissible through food, such as Crohn's disease, irritable bowel syndrome, ulcerative colitis, hepatitis C, cancer or pregnancy.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02235, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02235, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02240

Employee health—Complying with local health officer.

The person in charge of a foodestablishment and foodemployees shall comply with orders issued by the local health officer for excluding employees from a foodestablishment or restricting employee activities due to a diagnosed or suspected infection by a disease agent that can be transmitted from a foodemployee through food until the local health officer rescinds the order.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02240, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02240

Employee healthComplying with local health officer.

The person in charge of a foodestablishment and foodemployees shall comply with orders issued by the local health officer for excluding employees from a foodestablishment or restricting employee activities due to a diagnosed or suspected infection by a disease agent that can be transmitted from a foodemployee through food until the local health officer rescinds the order.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02240, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02240, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02245

Employee health—Removal of exclusion or restriction based on diagnosis.

Except as specified under WAC 246-215-02250, the person in charge shall obtain approval from the local health officer before reinstating a foodemployee who was restricted or excluded based on:
(1) The Control of Communicable Diseases Manual, 20th edition, published by the American Public Health Association; or
(2) Other measures the local health officer deems necessary based on his or her professional judgment, current standards of practice and the best available medical and scientific information.
[Statutory Authority: RCW 43.20.050. WSR 15-05-014, § 246-215-02245, filed 2/6/15, effective 3/9/15. Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02245, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02245

Employee healthRemoval of exclusion or restriction based on diagnosis.

Except as specified under WAC 246-215-02250, the person in charge shall obtain approval from the local health officer before reinstating a foodemployee who was restricted or excluded based on measures the local health officer deems necessary using professional judgment, current standards of practice, and the best available medical and scientific information.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02245, filed 12/15/20, effective 3/1/22. Statutory Authority: RCW 43.20.050. WSR 15-05-014, § 246-215-02245, filed 2/6/15, effective 3/9/15. Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02245, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02250

Employee health—Removal of exclusion or restriction based on symptoms.

The person in charge shall adhere to the following conditions when reinstating a foodemployee who was restricted or excluded due to:
(1) Diarrhea or vomiting: Remove exclusion when asymptomatic for more than twenty-four hours;
(2) Jaundice: Remove exclusion with approval of the local health officer;
(3) Sore throat with fever: Remove exclusion or restriction when asymptomatic; or
(4) Uncovered infected wound or pustular boil: Remove restriction when skin, wound, or pustular boil is properly protected by an impermeable cover and, if on the hand or wrist, with a single-use glove.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02250, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02250

Employee healthRemoval of exclusion or restriction based on symptoms.

The person in charge shall adhere to the following conditions when reinstating a foodemployee who was restricted or excluded due to:
(1) Diarrhea or vomiting: Remove exclusion when asymptomatic for more than twenty-four hours;
(2) Jaundice: Remove exclusion with approval of the local health officer and regulatory authority if not the same agency;
(3) Sore throat with fever: Remove exclusion or restriction when asymptomatic; or
(4) Uncovered infected wound or pus-filled boil: Remove restriction when skin, wound, or pus-filled boil is properly protected by an impermeable cover and, if on the hand or wrist, with a single-use glove.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02250, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02250, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02255

Employee health—Removal of exclusion or restriction based on exposure.

The person in charge shall adhere to the following conditions when reinstating a foodemployee who was restricted due to:
(1) Exposure to Norovirus, Shigella spp., or Enterohemorrhagic or shiga toxin-producing escherichia coli: Remove restriction when more than three days since potential exposure or more than three days since household contact became asymptomatic;
(2) Exposure to Salmonella Typhi: Remove restriction when more than fourteen days since the last potential exposure or more than fourteen days since household contact became asymptomatic;
(3) Exposure to hepatitis A: Remove restriction when:
(a) The foodemployee is immune to hepatitis A virus infection because of prior illness from hepatitis A, vaccination, or IgG administration; or
(b) More than thirty days have passed since the last day the foodemployee was potentially exposed or since the foodemployee's household contact became jaundiced.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02255, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02255

Employee healthRemoval of exclusion or restriction based on exposure.

The person in charge of a facility that serves a highly susceptible population shall get approval from the local health officer and the regulatory authority before reinstating a food employee who was restricted due to any condition under WAC 246-215-02205(2).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02255, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02255, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02300

Hands and arms—Clean condition (2009 FDA Food Code 2-301.11).

foodemployees shall keep their hands and exposed portions of their arms clean.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02300, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02300

Hands and armsClean condition (FDA Food Code 2-301.11).

foodemployees shall keep their hands and exposed portions of their arms clean.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02300, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02300, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02305

Hands and arms—Cleaning procedure (2009 FDA Food Code 2-301.12).

(1) Except as specified in subsection (4) of this section, foodemployees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms for at least 20 seconds, using a cleaning compound in a handwashing sink that is equipped as specified under WAC 246-215-05210 and Part 6, Subpart C.
(2) foodemployees shall use the following cleaning procedure in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands and arms:
(a) Rinse under clean, running warm water;
(b) Apply an amount of cleaning compound recommended by the cleaning compound manufacturer;
(c) Rub together vigorously for at least ten to fifteen seconds while:
(i) Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure; and
(ii) Creating friction on the surfaces of the hands and arms or surrogate prosthetic devices for hands and arms, finger tips, and areas between the fingers;
(d) Thoroughly rinse under clean, running warm water; and
(e) Immediately follow the cleaning procedure with thorough drying using a method as specified under WAC 246-215-06310.
(3) To avoid recontaminating their hands or surrogate prosthetic devices, foodemployees may use disposable paper towels or similar clean barriers when touching surfaces such as manually operated faucet handles on a handwashing sink or the handle of a restroom door.
(4) If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by foodemployees to clean their hands or surrogate prosthetic devices.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02305, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02305

Hands and armsCleaning procedure (FDA Food Code 2-301.12).

(1) Except as specified in subsection (4) of this section, foodemployees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms for at least 20 seconds, using a cleaning compound in a handwashing sink that is equipped as specified under WAC 246-215-05210 and Part 6, Subpart C of this chapter.
(2) foodemployees shall use the following cleaning procedure in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands and arms:
(a) Rinse under clean, running warm water;
(b) Apply an amount of cleaning compound recommended by the cleaning compound manufacturer;
(c) Rub together vigorously for at least ten to fifteen seconds while:
(i) Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure; and
(ii) Creating friction on the surfaces of the hands and arms or surrogate prosthetic devices for hands and arms, finger tips, and areas between the fingers;
(d) Thoroughly rinse under clean, running warm water; and
(e) Immediately follow the cleaning procedure with thorough drying using a method as specified under WAC 246-215-06310.
(3) To avoid recontaminating their hands or surrogate prosthetic devices, foodemployees may use disposable paper towels or similar clean barriers when touching surfaces such as manually operated faucet handles on a handwashing sink or the handle of a restroom door.
(4) If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by foodemployees to clean their hands or surrogate prosthetic devices.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02305, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02305, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02310

Hands and arms—When to wash (2009 FDA Food Code 2-301.14).

foodemployees shall clean their hands and exposed portions of their arms as specified under WAC 246-215-02305 immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles and:
(1) After touching bare human body parts other than clean hands and clean, exposed portions of arms;
(2) After using the toilet room;
(3) After caring for or handling service animals or aquatic animals as specified under WAC 246-215-02415(2);
(4) Except as specified under WAC 246-215-02400(2), after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking;
(5) After handling soiled equipment or utensils;
(6) During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks;
(7) When switching between working with raw food and working with ready-to-eatfood;
(8) Before donning gloves for working with ready-to-eatfood unless a glove change is not the result of contamination; and
(9) After engaging in other activities that contaminate the hands or gloves.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02310, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02310

Hands and armsWhen to wash (FDA Food Code 2-301.14).

foodemployees shall clean their hands and exposed portions of their arms as specified under WAC 246-215-02305 immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles and:
(1) After touching bare human body parts other than clean hands and clean, exposed portions of arms;
(2) After using the toilet room;
(3) After caring for or handling service animals or aquatic animals as specified under WAC 246-215-02415(2);
(4) Except as specified under WAC 246-215-02400(2), after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking;
(5) After handling soiled equipment or utensils;
(6) During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks;
(7) When switching between working with raw food and working with ready-to-eatfood;
(8) Before donning gloves for working with ready-to-eatfood unless a glove change is not the result of contamination; and
(9) After engaging in other activities that contaminate the hands or gloves.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02310, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02310, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02315

Hands and arms—Where to wash (2009 FDA Food Code 2-301.15).

foodemployees shall clean their hands in a handwashing sink or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation or warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02315, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02315

Hands and armsWhere to wash (FDA Food Code 2-301.15).

foodemployees shall clean their hands in a handwashing sink or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation or warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02315, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02315, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02320

Hands and arms—Hand antiseptics (2009 FDA Food Code 2-301.16).

(1) A hand antiseptic used as a topical application, hand antiseptic solution used as a hand dip, or a hand antiseptic soap must:
(a) Comply with one of the following:
(i) Be an approved drug that is listed in the FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations as an approved drug based on safety and effectiveness; or
(ii) Have active antimicrobial ingredients that are listed in the FDA monograph or OTC Health-Care Antiseptic Drug Products as an antiseptic handwash; and
(b) Comply with one of the following:
(i) Have components that are exempted from the requirement of being listed in federal foodadditive regulations as specified in 21 C.F.R. 170.39 – Threshold of regulation for substances used in food contact articles; or
(ii) Comply with and be listed in:
(A) 21 C.F.R. 178 – Indirect foodadditives: Adjuvants, production aids, and sanitizers as regulated for use as a foodadditive with conditions of safe use; or
(B) 21 C.F.R. 182 – Substances generally recognized as safe, 21 C.F.R. 184 – Direct food substances affirmed as generally recognized as safe, or 21 C.F.R. 186 – Indirect food substances affirmed as generally recognized as safe for use in contact with food; and
(c) Be applied only to hands that are cleaned as specified under WAC 246-215-02305.
(2) If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet the requirements specified under subsection (1)(b) of this section, use must be:
(a) Followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; or
(b) Limited to situations that involve no direct contact with food by the bare hands.
(3) A hand antiseptic solution used as a hand dip must be maintained clean and at a strength equivalent to at least 100 mg/L chlorine.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02320, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02320

Hands and armsHand antiseptics (FDA Food Code 2-301.16).

(1) A hand antiseptic used as a topical application, hand antiseptic solution used as a hand dip, or a hand antiseptic soap must:
(a) Comply with one of the following:
(i) Be an approved drug that is listed in the FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations as an approved drug based on safety and effectiveness; or
(ii) Have active antimicrobial ingredients that are listed in the FDA monograph for OTC Health-Care Antiseptic Drug Products as an antiseptic handwash; and
(b) Consist only of components which the intended use of each complies with one of the following:
(i) A threshold of regulation exemption under 21 C.F.R. 170.39 – Threshold of Regulation for Substances Used in Food Contact Articles; or
(ii) 21 C.F.R. 178 – Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers as regulated for use as a food additive with conditions of safe use; or
(iii) A determination of generally recognized as safe (GRAS). Partial listings of substances with food uses that are gras may be found in 21 C.F.R. 182 – Substances Generally Recognized as Safe, 21 C.F.R. 184 – Direct Food Substances Affirmed as Generally Recognized as Safe, or 21 C.F.R. 186 – Indirect Food Substances Affirmed as Generally Recognized as Safe for use in contact with food, and in FDA's Inventory of gras Notices; or
(iv) A prior sanction listed under 21 C.F.R. 181 – Prior Sanctioned Food ingredients; or
(v) A food Contact Notification that is effective; and
(c) Be applied only to hands that are cleaned as specified under WAC 246-215-02305.
(2) If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet the requirements specified under subsection (1)(b) of this section, use must be:
(a) Followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; or
(b) Limited to situations that involve no direct contact with food by the bare hands.
(3) A hand antiseptic solution used as a hand dip must be maintained clean and at a strength equivalent to at least 100 mg/L chlorine.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02320, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02320, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02325

Fingernails—Maintenance (2009 FDA Food Code 2-302.11).

(1) foodemployees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.
(2) Unless wearing intact gloves in good repair, a foodemployee may not wear fingernail polish or artificial fingernails while preparing food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02325, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02325

FingernailsMaintenance (FDA Food Code 2-302.11).

(1) foodemployees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.
(2) Unless wearing intact gloves in good repair, a foodemployee may not wear fingernail polish or artificial fingernails while preparing food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02325, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02325, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02330

Jewelry—Prohibition (2009 FDA Food Code 2-303.11).

Except for a single ring or wedding ring set covered by a glove in good repair, foodemployees may not wear jewelry on their arms or hands while preparing food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02330, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02330

JewelryProhibition (FDA Food Code 2-303.11).

Except for a single ring or wedding ring set covered by a glove in good repair, food employees may not wear jewelry including medical information jewelry on their arms or hands while preparing food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02330, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02330, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02335

Outer clothing—Clean condition (2009 FDA Food Code 2-304.11).

foodemployees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02335, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02335

Outer clothingClean condition (17 FDA Food Code 2-304.11).

food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02335, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02335, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02400

Food contamination prevention—Eating, drinking, or using tobacco (2009 FDA Food Code 2-401.11).

(1) Except as specified in subsection (2) of this section, an employee may eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other items needing protection cannot result.
(2) A foodemployee may drink from a closed beverage container if the container is handled to prevent contamination of:
(a) The employee's hands;
(b) The container; and
(c) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02400, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02400

Food contamination preventionEating, drinking, or using tobacco (FDA Food Code 2-401.11).

(1) Except as specified in subsection (2) of this section, an employee may only eat, drink, or use any form of tobacco only in designated areas where exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other items needing protection cannot be contaminated.
(2) A food employee may drink from a closed beverage container if the container is handled to prevent contamination of:
(a) The employee's hands;
(b) The container; and
(c) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02400, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02400, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02405

Food contamination prevention—Discharges from the eyes, nose, and mouth (2009 FDA Food Code 2-401.12).

foodemployees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02405, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02405

Food contamination preventionDischarges from the eyes, nose, and mouth (FDA Food Code 2-401.12).

food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02405, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02405, filed 1/17/13, effective 5/1/13.]



(Effective March 1, 2022.)

PDF246-215-02406

Food contamination preventionUse of bandages, finger cots, or finger stalls (FDA Food Code 2-401.13).

If a food employee working with exposed food uses an impermeable cover such as a bandage, finger cot or finger stall located on the wrist, hand or finger, the food employee shall cover the area with a single-use glove.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02406, filed 12/15/20, effective 3/1/22.]



(Effective until March 1, 2022.)

PDF246-215-02410

Hair restraints—Effectiveness (2009 FDA Food Code 2-402.11).

foodemployees shall wear short hair or use hair restraints such as hats, hair coverings or nets, rubber bands, or hair clips to keep their hair off the face and behind their shoulders, and clothing that covers body hair to protect exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02410, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02410

Hair restraintsEffectiveness (FDA Food Code 2-402.11).

(1) Except as provided in subsection (2) of this section, food employees shall wear short hair or use hair restraints such as hats, hair coverings or nets, rubber bands, or hair clips to keep their hair off the face and behind their shoulders, and clothing that covers body hair to protect exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.
(2) This section does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food, clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02410, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02410, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-02415

Animals—Handling prohibition (2009 FDA Food Code 2-403.11).

(1) Except as specified in subsection (2) of this section, foodemployees may not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified under WAC 246-215-06570 (2)(b) through (e).
(2) foodemployees with service animals may handle or care for their service animals and foodemployees may handle or care for fish in aquariums or molluscan shellfish or crustacean in display tanks if they wash their hands as specified under WAC 246-215-02305 and 246-215-02315.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-02415, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-02415

AnimalsHandling prohibition (FDA Food Code 2-403.11).

(1) Except as specified in subsection (2) of this section, food employees may not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified under WAC 246-215-06570 (2)(b) through (e).
(2) food employees with service animals may handle or care for their service animals and food employees may handle or care for fish in aquariums or molluscan shellfish or crustacean in display tanks if they wash their hands as specified under WAC 246-215-02305 and 246-215-02310(3).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02415, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-02415, filed 1/17/13, effective 5/1/13.]



(Effective March 1, 2022.)

PDF246-215-02500

Responding to contamination eventsClean-up of vomiting and diarrheal events (FDA Food Code 2-501.11).

(1) A food establishment shall have written procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the food establishment.
(2) The procedures shall address the specific actions employees must take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-02500, filed 12/15/20, effective 3/1/22.]



(Effective until March 1, 2022.)

PDF246-215-03100

Condition—Safe, unadulterated, and honestly presented (2009 FDA Food Code 3-101.11).

food must be safe, unadulterated, and, as specified under WAC 246-215-03605, honestly presented.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03100, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03100

ConditionSafe, unadulterated, and honestly presented (FDA Food Code 3-101.11).

food must be safe, unadulterated, and, as specified under WAC 246-215-03605, honestly presented.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03100, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03100, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03200

Sources—Compliance with food law (2009 FDA Food Code 3-201.11).

(1) food must be obtained from sources that comply with law.
(2) food prepared in a private home may not be used or offered for human consumption in a foodestablishment.
(3) packagedfood must be labeled as specified under law, including chapter 69.04 RCW; 21 C.F.R. 101 Food Labeling; 9 C.F.R. 317 Labeling, Marking Devices, and Containers; 9 C.F.R. 381 Subpart N Labeling and Containers; and as specified under WAC 246-215-03265 and 246-215-03270.
(4) fish, other than those specified under WAC 246-215-03425(2), that are intended for consumption in raw or undercooked form and allowed as specified under WAC 246-215-03400(4) may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under WAC 246-215-03425; or if they are frozen on the premises as specified under WAC 246-215-03425 and records are retained as specified under WAC 246-215-03430.
(5) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified under WAC 246-215-03400(3) must be:
(a) Obtained from a foodprocessing plant that, upon request by the purchaser, packages the steaks and labels them, to indicate that the steaks meet the definition of whole-muscle, intact beef; or
(b) Deemed acceptable by the regulatory authority based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef; and
(c) If individually cut in a foodestablishment:
(i) Cut from whole-muscle, intact beef that is labeled by a foodprocessing plant as specified in (a) of this subsection or identified as specified in (b) of this subsection;
(ii) Prepared so they remain intact; and
(iii) If packaged for undercooking in a foodestablishment, labeled as specified in (a) of this subsection or identified as specified in (b) of this subsection.
(6) meat and poultry that is not a ready-to-eatfood and is in a packaged form when it is offered for sale or otherwise offered for consumption, must be labeled to include safe handling instructions as specified in law, including 9 C.F.R. 317.2(I) and 9 C.F.R. 381.125(b).
(7) eggs that have not been specifically treated to destroy all viable salmonellae must be labeled to include safe handling instructions as specified in law, including 21 C.F.R. 101.17(h).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03200, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03200

SourcesCompliance with food law (FDA Food Code 3-201.11).

(1) food must be obtained from sources that comply with law.
(2) food prepared in a private home may not be used or offered for human consumption in a food establishment except as otherwise provided in this chapter.
(3) packaged food must be labeled as specified under law, including chapter 69.04 RCW; 21 C.F.R. 101 Food Labeling; 9 C.F.R. 317 Labeling, Marking Devices, and Containers; 9 C.F.R. 381 Subpart N Labeling and Containers; and as specified under WAC 246-215-03265 and 246-215-03270.
(4) fish, other than those specified under WAC 246-215-03425 (2)(a) through (f), that are intended for consumption in raw or undercooked form and allowed as specified under WAC 246-215-03400(4) may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under WAC 246-215-03425; or if they are frozen on the premises as specified under WAC 246-215-03425 and records are retained as specified under WAC 246-215-03430.
(5) whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified under WAC 246-215-03400(3) must be:
(a) Obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steaks meet the definition of whole-muscle, intact beef; or
(b) Deemed acceptable by the regulatory authority based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef; and
(c) If individually cut in a food establishment:
(i) Cut from whole-muscle, intact beef that is labeled by a food processing plant as specified in (a) of this subsection or identified as specified in (b) of this subsection;
(ii) Prepared so they remain intact; and
(iii) If packaged for undercooking in a food establishment, labeled as specified in (a) of this subsection or identified as specified in (b) of this subsection.
(6) meat and poultry that is not a ready-to-eatfood and is in a packaged form when it is offered for sale or otherwise offered for consumption, must be labeled to include safe handling instructions as specified in law, including 9 C.F.R. 317.2(I) and 9 C.F.R. 381.125(b).
(7) eggs that have not been specifically treated to destroy all viable Salmonellae must be labeled to include safe handling instructions as specified in law, including 21 C.F.R. 101.17(h).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03200, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03200, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03205

Sources—Food in a hermetically sealed container (2009 FDA Food Code 3-201.12).

food in a hermetically sealed container must be obtained from a foodprocessing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03205, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03205

SourcesFood in a hermetically sealed container (FDA Food Code 3-201.12).

food in a hermetically sealed container must be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03205, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03205, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03210

Sources—Fluid milk and milk products (2009 FDA Food Code 3-201.13).

Fluid milk and milk products must be obtained from sources that comply with grade a standards as specified in law.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03210, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03210

SourcesFluid milk and milk products (FDA Food Code 3-201.13).

Fluid milk and milk products must be obtained from sources that comply with grade a standards as specified in law.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03210, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03210, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03215

Sources—Fish (2009 FDA Food Code 3-201.14).

(1) fish that are received for sale or service must be:
(a) Commercially and legally caught or harvested; or
(b) approved for sale or service.
(2) molluscan shellfish that are recreationally caught may not be received for sale or service.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03215, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03215

SourcesFish (FDA Food Code 3-201.14).

(1) fish that are received for sale or service must be:
(a) Commercially and legally caught or harvested; or
(b) approved for sale or service.
(2) molluscan shellfish that are recreationally caught may not be received for sale or service.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03215, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03215, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03220

Sources—Molluscan shellfish (2009 FDA Food Code 3-201.15).

(1) molluscan shellfish must be obtained from sources according to law and the requirements specified in the United States Department of Health and Human Services, Public Health Service, FDA, National Shellfish Sanitation Program Guide for the Control of molluscan shellfish.
(2) molluscan shellfish received in interstate commerce must be from sources that are listed in the Interstate Certified Shellfish Shippers List.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03220, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03220

SourcesMolluscan shellfish (FDA Food Code 3-201.15).

(1) molluscan shellfish must be obtained from sources according to law and the requirements specified in the United States Department of Health and Human Services, Public Health Service, FDA, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.
(2) molluscan shellfish received in interstate commerce must be from sources that are listed in the Interstate Certified Shellfish Shippers List.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03220, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03220, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03225

Sources—Wild mushrooms.

(1) The permit holder shall obtain wild harvested mushrooms only from sources in Washington, Oregon, Idaho, California, Montana and British Columbia where each mushroom is individually identified in the fresh state.
(2) Only the following wild harvested mushroom species may be offered for sale or service in a foodestablishment:
(a) Hedgehog (Hydnum repandum, H. umbilicatum);
(b) Porcini/King Bolete (Boletus edulis);
(c) Lobster (Hypomyces lactifluorum growing on Russula brevipes);
(d) Pacific Golden Chanterelle (Cantharellus formosus, C. cascadensis, C. cibarius var roseocanus);
(e) White Chanterelle (Cantharellus subalbidus);
(f) Yellow Foot/Winter Chanterelle (Craterellus tubaeformis);
(g) Black Trumpet (Craterellus cornucopioides);
(h) Saffron milk cap (Lactarius deliciosus);
(i) Coral Hydnum/Bears Tooth (Hericium coralloides, H. abietis, H. americanum);
(j) Oyster (Pleurotus populinus, P. pulmonarius, P. ostreaus);
(k) Cauliflower mushroom (Sparassis crispa);
(l) Oregon Black Truffle (Leucangium carthusianum);
(m) Oregon White Truffle (Tuber gibbosum, T. oregonense);
(n) Blue Chanterelle (Polyozellus multiplex);
(o) Morchella species including, but not limited to, Black Morels (Morchella elata) and Blonde Morels (Morchella esculenta);
(p) Matsutake/Japanese Pine Mushroom (Tricholoma magnivelare).
(3) Wild harvested mushrooms prepared for immediate service by a foodestablishment must be cooked to 135°F except for those sold for home use from grocery or farmer's markets.
(4) The permit holder shall keep written documentation supplied by the mushroom identifier for any wild harvested mushrooms offered for sale or service on file for ninety days after receipt. The documentation must include:
(a) The common name and Latin binomial name of the mushroom;
(b) The name, original signature, business name, mailing address, email and telephone number of the mushroom identifier;
(c) The province, state, and county or counties where harvested;
(d) The date or dates of harvest;
(e) The date of sale to the foodestablishment; and
(f) The amount of product by weight.
(5) This section does not apply to dried or fresh mushrooms that are grown, processed or packaged in a foodprocessing plant regulated by a state or federal foodregulatory authority.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03225, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03225

SourcesWild mushrooms.

(1) The permit holder shall obtain wild harvested mushrooms only from sources in Washington, Oregon, Idaho, California, Montana, and British Columbia where each mushroom is individually identified in the fresh state.
(2) Only the following wild harvested mushroom species may be offered for sale or service in a food establishment:
(a) Hedgehog (Hydnum repandum, H. umbilicatum);
(b) Porcini/King Bolete (Boletus edulis);
(c) Lobster (Hypomyces lactifluorum growing on Russula brevipes);
(d) Pacific Golden Chanterelle (Cantharellus formosus, C. cascadensis, C. cibarius var roseocanus);
(e) White Chanterelle (Cantharellus subalbidus);
(f) Yellow Foot/Winter Chanterelle (Craterellus tubaeformis);
(g) Black Trumpet (Craterellus cornucopioides);
(h) Saffron milk cap (Lactarius deliciosus);
(i) Coral Hydnum/Bears Tooth (Hericium coralloides, H. abietis, H. americanum);
(j) Oyster (Pleurotus populinus, P. pulmonarius, P. ostreaus);
(k) Cauliflower mushroom (Sparassis crispa);
(l) Oregon Black Truffle (Leucangium carthusianum);
(m) Oregon White Truffle (Tuber gibbosum, T. oregonense);
(n) Blue Chanterelle (Polyozellus multiplex);
(o) Morchella species including, but not limited to, Black Morels (Morchella elata) and Blonde Morels (Morchella esculenta);
(p) Matsutake/Japanese Pine Mushroom (Tricholoma magnivelare).
(3) Wild harvested mushrooms prepared for immediate service by a food establishment must be cooked to 135°F except for those sold for home use from grocery or farmer's markets.
(4) The permit holder shall keep written documentation supplied by the mushroom identifier for any wild harvested mushrooms offered for sale or service on file for ninety days after receipt. The documentation must include:
(a) The common name and Latin binomial name of the mushroom;
(b) The name, original signature, business name, mailing address, email and telephone number of the mushroom identifier;
(c) The province, state, and county or counties where harvested;
(d) The date or dates of harvest;
(e) The date of sale to the foodestablishment; and
(f) The amount of product by weight.
(5) This section does not apply to dried or fresh mushrooms that are grown, processed or packaged in a food processing plant regulated by a state or federal food regulatory authority.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03225, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03225, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03230

Sources—Game animals (2009 FDA Food Code 3-201.17).

(1) If game animals are received for sale or service they must be:
(a) Commercially raised for food and:
(i) Raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction; or
(ii) Under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction; and
(iii) Raised, slaughtered, and processed according to:
(A) laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program; and
(B) Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee;
(b) Under a voluntary inspection program administered by the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and approved" in accordance with 9 C.F.R. 352 Exotic Animals; Voluntary Inspection of rabbits that are "inspected and certified" in accordance with 9 C.F.R. 354 Voluntary Inspection of Rabbits and Edible Products Thereof.
(2) A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 C.F.R. 17 Endangered and Threatened Wildlife and Plants.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03230, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03230

SourcesGame animals (FDA Food Code 3-201.17).

(1) If game animals are received for sale or service they must be:
(a) Commercially raised for food and:
(i) Raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction; or
(ii) Under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction; and
(iii) Raised, slaughtered, and processed according to:
(A) laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program; and
(B) Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee; or
(b) Under a voluntary inspection program administered by the usda for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and approved" in accordance with 9 C.F.R. 352 Exotic Animals and Horses; Voluntary Inspection or rabbits that are "inspected and certified" in accordance with 9 C.F.R. 354 Voluntary Inspection of Rabbits and Edible Products Thereof.
(2) A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 C.F.R. 17 Endangered and Threatened Wildlife and Plants.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03230, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03230, filed 1/17/13, effective 5/1/13.]



PDF246-215-03235

Specifications for receivingTemperature (FDA Food Code 3-202.11).

(1) Except as specified in subsections (2) through (4) of this section, refrigerated, time/temperature control for safety food must be at a temperature of 41°F (5°C) or below when received.
(2) If a temperature other than 41°F (5°C) for a time/temperature control for safetyfood is specified in law governing its distribution, such as laws governing milk and molluscan shellfish, the food may be received at the specified temperature.
(3) Raw eggs must be received in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less.
(4) Freshly made asian rice-based noodles received at ambient temperatures directly from a noodle processing facility licensed by Washington state department of agriculture must be served within four hours of production, immediately reheated in accordance with WAC 246-215-03440(3), or immediately cooled in accordance with WAC 246-215-03515(3).
(5) time/temperature control for safety food that is cooked to a temperature and for a time specified under WAC 246-215-03400 through 246-215-03410 and received hot must be at a temperature of 135°F (57°C) or above.
(6) A food that is labeled frozen and shipped frozen by a food processing plant must be received frozen.
(7) Upon receipt, time/temperature control for safety food must be free of evidence of previous temperature abuse.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03235, filed 12/15/20, effective 1/15/21; WSR 13-03-109, § 246-215-03235, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03240

Specifications for receiving—Additives (2009 FDA Food Code 3-202.12).

food may not contain unapproved additives or additives that exceed the amounts specified in 21 C.F.R. 170-180 relating to foodadditives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 C.F.R. 181-186, substances that exceed amounts specified in 9 C.F.R., Subpart C, Section 424.21(b) Food Ingredients and Sources of Radiation, or pesticide residues that exceed provisions specified in 40 C.F.R. 180 Tolerances for Pesticides Chemicals in Food, and exceptions.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03240, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03240

Specifications for receivingAdditives (FDA Food Code 3-202.12).

food may not contain unapproved additives or additives that exceed the amounts specified in 21 C.F.R. 170-180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 C.F.R. 181-186, substances that exceed amounts specified in 9 C.F.R., Subpart C, Section 424.21(b) Food Ingredients and Sources of Radiation, or pesticide residues that exceed provisions specified in 40 C.F.R. 180 Tolerances for Pesticides Chemicals in Food, and exceptions.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03240, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03240, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03245

Specifications for receiving—Eggs (2009 FDA Food Code 3-202.13).

eggs must be received clean and sound and may not exceed the restricted egg tolerances for United States Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03245, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03245

Specifications for receivingEggs (FDA Food Code 3-202.13).

eggs must be received clean and sound and may not exceed the restricted egg tolerances for United States Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03245, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03245, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03250

Specifications for receiving—Eggs and milk products, pasteurized (2009 FDA Food Code 3-202.14).

(1) eggproducts must be obtained pasteurized.
(2) Fluid milk, fluid milk products, dry milk, and dry milk products must meet "Grade A pasteurized" milk standards of chapter 15.36 RCW, except "Grade A raw milk" products meeting standards of chapter 15.36 RCW may be sold in retail stores in the original container for off-premises consumption.
(3) Frozen milk products, such as ice cream, must be obtained pasteurized as specified in 21 C.F.R. 135 - Frozen Desserts.
(4) Cheese must be obtained pasteurized unless alternative procedures to pasteurization are specified in the C.F.R., such as 21 C.F.R. 133 - Cheeses and Related Cheese Products, for curing certain cheese varieties.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03250, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03250

Specifications for receivingEggs and milk products, pasteurized (FDA Food Code 3-202.14).

(1) egg products must be obtained pasteurized.
(2) Fluid milk, fluid milk products, dry milk, and dry milk products must meet "Grade A pasteurized" milk standards of chapter 15.36 RCW, except "Grade A raw milk" products meeting standards of chapter 15.36 RCW may be sold in retail stores in the original intact container and not used as an ingredient.
(3) Frozen milk products, such as ice cream, must be obtained pasteurized as specified in 21 C.F.R. 135 - Frozen Desserts.
(4) Cheese must be obtained pasteurized unless alternative procedures to pasteurization are specified in the C.F.R., such as 21 C.F.R. 133 - Cheeses and Related Cheese Products, for curing certain cheese varieties.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03250, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03250, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03255

Specifications for receiving—Package integrity (2009 FDA Food Code 3-202.15).

food packages must be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03255, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03255

Specifications for receivingPackage integrity (FDA Food Code 3-202.15).

food packages must be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03255, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03255, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03260

Specifications for receiving—Ice (2009 FDA Food Code 3-202.16).

Ice used as a food or a cooling medium must be made from drinking water.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03260, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03260

Specifications for receivingIce (FDA Food Code 3-202.16).

Ice used as a food or a cooling medium must be made from drinking water.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03260, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03260, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03265

Specifications for receiving—Shucked shellfish, packaging and identification (2009 FDA Food Code 3-202.17).

(1) Raw shucked shellfish must be obtained in nonreturnable packages which bear a legible label that identifies the:
(a) Name, address, and certification number of the shucker, packer, or repacker of the molluscan shellfish; and
(b) The "sell by" or "best if used by" date for packages with a capacity of less than 1.89 L (one-half gallon) or the date shucked for packages with a capacity of 1.89 L (one-half gallon) or more.
(2) A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all of the information as specified under subsection (1) of this section is subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 C.F.R. Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d) Molluscan Shellfish.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03265, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03265

Specifications for receivingShucked shellfish, packaging and identification (FDA Food Code 3-202.17).

(1) Raw shucked shellfish must be obtained in nonreturnable packages which bear a legible label that identifies the:
(a) Name, address, and certification number of the shucker, packer, or repacker of the molluscan shellfish; and
(b) The "sell by" or "best if used by" date for packages with a capacity of less than 1.89 L (one-half gallon) or the date shucked for packages with a capacity of 1.89 L (one-half gallon) or more.
(2) A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all of the information as specified under subsection (1) of this section is subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 C.F.R. Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d) Molluscan Shellfish.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03265, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03265, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03270

Specifications for receivingShellstock identification (2009 FDA Food Code 3-202.18).

(1) shellstock must be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and that list:
(a) Except as specified under subsection (3) of this section, on the harvester's tag or label, the following information in the following order:
(i) The harvester's identification number that is assigned by the shellfish control authority;
(ii) The date of harvest;
(iii) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested;
(iv) The type and quantity of shellfish; and
(v) The following statement in bold, capitalized type: "This tag is required to be attached until container is empty or retagged and thereafter kept on file for 90 days."; and
(b) Except as specified in subsection (4) of this section, on each dealer's tag or label, the following information in the following order:
(i) The dealer's name and address, and the certification number assigned by the shellfish control authority;
(ii) The original shipper's certification number including the abbreviation of the name of the state or country in which the shellfish are harvested;
(iii) The same information as specified for a harvester's tag under (a)(ii) through (iv) of this subsection; and
(iv) The following statement in bold, capitalized type: "This tag is required to be attached until container is empty and thereafter kept on file for 90 days."
(2) A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all of the information as specified under subsection (1)(a) of this section is subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 C.F.R. Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d).
(3) If a place is provided on the harvester's tag or label for a dealer's name, address and certification number, the dealer's information must be listed first.
(4) If the harvester's tag or label is designed to accommodate each dealer's identification as specified under subsection (1)(a)(i) and (ii) of this section, individual dealer tags or labels need not be provided.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03270, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03270

Specifications for receivingShellstock identification (FDA Food Code 3-202.18).

(1) shellstock must be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and that list:
(a) Except as specified under subsection (3) of this section, on the harvester's tag or label, the following information in the following order:
(i) The harvester's identification number that is assigned by the shellfish control authority;
(ii) The date of harvest;
(iii) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested;
(iv) The type and quantity of shellfish; and
(v) The following statement in bold, capitalized type: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS."; and
(b) Except as specified in subsection (4) of this section, on each dealer's tag or label, the following information in the following order:
(i) The dealer's name and address, and the certification number assigned by the shellfish control authority;
(ii) The original shipper's certification number including the abbreviation of the name of the state or country in which the shellfish are harvested;
(iii) The same information as specified for a harvester's tag under (a)(ii) through (iv) of this subsection; and
(iv) The following statement in bold, capitalized type: " THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS."
(2) A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all of the information as specified under subsection (1)(a) of this section is subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 C.F.R. Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d).
(3) If a place is provided on the harvester's tag or label for a dealer's name, address and certification number, the dealer's information must be listed first.
(4) If the harvester's tag or label is designed to accommodate each dealer's identification as specified under subsection (1)(a)(i) and (ii) of this section, individual dealer tags or labels need not be provided.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03270, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03270, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03275

Specifications for receiving—Shellstock, condition (2009 FDA Food Code 3-202.19).

When received by a foodestablishment, shellstock must be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells must be discarded.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03275, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03275

Specifications for receivingShellstock, condition (FDA Food Code 3-202.19).

When received by a foodestablishment, shellstock must be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells must be discarded.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03275, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03275, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03280

Specifications for receiving—Juice treated (2009 FDA Food Code 3-202.110).

Prepackagedjuice must:
(1) Be obtained from a processor with a HACCP system as specified in 21 C.F.R. Part 120 Hazard Analysis and Critical Control (HACCP) Systems; and
(2) Be obtained pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in 21 C.F.R. Part 120.24 Process Controls.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03280, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03280

Specifications for receivingCommercially processed treated juice (FDA Food Code 3-202.110).

Prepackaged juice must:
(1) Be obtained from a processor with a HACCP system as specified in 21 C.F.R. Part 120 Hazard Analysis and Critical Control (HACCP) Systems; and
(2) Be obtained pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in 21 C.F.R. Part 120.24 Process Controls.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03280, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03280, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03285

Original containers and records—Molluscan shellfish, original container (2009 FDA Food Code 3-203.11).

(1) Except as specified in subsections (2), (3), and (4) of this section, molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service.
(2) For display purposes, shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:
(a) The source of the shellstock on display is identified as specified under WAC 246-215-03270 and recorded as specified under WAC 246-215-03290; and
(b) The shellstock are protected from contamination.
(3) shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request if:
(a) The labeling information for the shellfish on display as specified under WAC 246-215-03265 is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and
(b) The shellfish are protected from contamination.
(4) shucked shellfish may be removed from the container in which they were received and repackaged in consumer self-service containers where allowed by law if:
(a) The labeling information for the shellfish is on each consumer self-service container as specified under WAC 246-215-03265 and 246-215-03610 (1) and (2)(a) through (e);
(b) The labeling information as specified under WAC 246-215-03265 is retained and correlated with the date when, or dates during which, the shellfish is sold or served;
(c) The labeling information and dates specified under (b) of this subsection are maintained for ninety days; and
(d) The shellfish are protected from contamination.
(5) shellstock may be removed from the container in which they are received and repacked in consumer self-service containers if:
(a) Each self-service container of shellstock is plainly marked with the harvest area name, harvest area date, and original shellfish dealer's certification number, including the abbreviation of the name of the state or country in which the shellfish are harvested, or otherwise marked with a code that can be used to link the product with tag or label information as specified under WAC 246-215-03270;
(b) The tag or label information as specified under WAC 246-215-03270 for shellstock is retained in a written or electronic log for ninety days that correlates the date when, or dates during which, the shellstock sold;
(c) The shellstock are protected from contamination; and
(d) The packaging material allows air to get to the shellfish.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03285, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03285

Original containers and recordsMolluscan shellfish, original container (FDA Food Code 3-203.11).

(1) Except as specified in subsections (2) through (5) of this section, molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service.
(2) For display purposes, shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:
(a) The source of the shellstock on display is identified as specified under WAC 246-215-03270 and recorded as specified under WAC 246-215-03290; and
(b) The shellstock are protected from contamination.
(3) shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request if:
(a) The labeling information for the shellfish on display as specified under WAC 246-215-03265 is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and
(b) The shellfish are protected from contamination.
(4) shucked shellfish may be removed from the container in which they were received and repacked in consumer self-service containers where allowed by law if:
(a) The labeling information for the shellfish is on each consumer self-service container as specified under WAC 246-215-03265 and 246-215-03610 (1) and (2)(a) through (e);
(b) The labeling information as specified under WAC 246-215-03265 is retained and correlated with the date when, or dates during which, the shellfish is sold or served;
(c) The labeling information and dates specified under (b) of this subsection are maintained for ninety days; and
(d) The shellfish are protected from contamination.
(5) shellstock may be removed from the container in which they are received and repacked in consumer self-service containers if:
(a) Each self-service container of shellstock is plainly marked with the harvest area name, harvest area date, and original shellfish dealer's certification number, including the abbreviation of the name of the state or country in which the shellfish are harvested, or otherwise marked with a code that can be used to link the product with tag or label information as specified under WAC 246-215-03270;
(b) The tag or label information as specified under WAC 246-215-03270 for shellstock is retained in a written or electronic log for ninety days that correlates the date when, or dates during which, the shellstock sold;
(c) The shellstock are protected from contamination; and
(d) The packaging material allows air to get to the shellfish.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03285, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03285, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03290

Original containers and records—Shellstock, maintaining identification (2009 FDA Food Code 3-203.12).

(1) Except as specified under subsection (3)(b) of this section, shellstock tags or labels must remain attached to the container in which the shellstock are received until the container is empty.
(2) The date when the last shellstock from the container is sold or served must be recorded on the tag or label.
(3) The identity of the source of shellstock that are sold or served must be maintained by retaining shellstock tags or labels for ninety calendar days from the date that is recorded on the tag or label, as specified under subsection (2) of this section by:
(a) Using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified under subsection (2) of this section; and
(b) If shellstock are removed from its tagged or labeled container:
(i) Preserving source identification by using a recordkeeping system as specified under (a) of this subsection; and
(ii) Ensuring that shellstock from one tagged or labeled container are not commingled with shellstock from another container.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03290, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03290

Original containers and recordsShellstock, maintaining identification (FDA Food Code 3-203.12).

(1) Except as specified under subsection (3)(b) of this section, shellstock tags or labels must remain attached to the container in which the shellstock are received until the container is empty.
(2) The date range when the first and last shellstock from the container is sold or served must be recorded on the tag or label.
(3) The identity of the source of shellstock that are sold or served must be maintained by retaining shellstock tags or labels for ninety calendar days from the last date that is recorded on the tag or label, as specified under subsection (2) of this section by:
(a) Using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified under subsection (2) of this section; and
(b) If shellstock are removed from its tagged or labeled container:
(i) Preserving source identification by using a recordkeeping system as specified under (a) of this subsection; and
(ii) Ensuring that shellstock from one tagged or labeled container are not commingled with shellstock from another container with different certification numbers; different harvest dates; or different growing areas as identified on the tag or label before being ordered by the consumer.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03290, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03290, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03300

Preventing contamination by employees—Preventing contamination from hands (2009 FDA Food Code 3-301.11).

(1) foodemployees shall wash their hands as specified under WAC 246-215-02305.
(2) Except when washing fruits and vegetables as specified under WAC 246-215-03318 or as specified in subsection (4) of this section, foodemployees may not contact exposed, ready-to-eatfood with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.
(3) foodemployees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.
(4) foodemployees not serving a highly susceptible population may contact exposed, ready-to-eatfood with their bare hands if:
(a) The permit holder obtains prior approval from the regulatory authority;
(b) Written procedures are maintained in the foodestablishment and made available to the regulatory authority upon request that include:
(i) For each bare hand contact procedure, a listing of the specific ready-to-eatfoods that are touched by the hands;
(ii) Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified under WAC 246-215-05230, 246-215-05255, 246-215-05265, 246-215-06310, and 246-215-06320, are in an easily accessible location and in close proximity to the work station where bare hand contact procedure is conducted.
(c) A written employee health policy that details how the foodestablishment complies with Part 2, Subpart B of this chapter.
(d) Documentation that foodemployees acknowledge they have received training in:
(i) The risks of contacting the specific ready-to-eatfoods with bare hands;
(ii) Proper handwashing as specified under WAC 246-215-02305;
(iii) When to wash their hands as specified under WAC 246-215-02310;
(iv) Where to wash their hands as specified under WAC 246-215-02315;
(v) Proper fingernail maintenance as specified under WAC 246-215-02325;
(vi) Prohibition of jewelry as specified under WAC 246-215-02330; and
(vii) Good hygienic practices as specified under WAC 246-215-02400 and 246-215-02405.
(e) Documentation that hands are washed before food preparation and as necessary to prevent cross contamination by foodemployees as specified under WAC 246-215-02300, 246-215-02305, 246-215-02310, and 246-215-02315 during all hours of operation when the specific ready-to-eatfoods are prepared;
(f) Documentation that foodemployees contacting ready-to-eatfood with bare hands use two or more of the following control measures to provide additional safeguards to hazards associated with bare hand contact:
(i) Double handwashing;
(ii) Nail brushes;
(iii) A hand antiseptic after handwashing as specified under WAC 246-215-02320;
(iv) Incentive programs such as paid sick leave that assist or encourage foodemployees not to work when they are ill; or
(v) Other approved control measures; and
(g) Documentation that corrective action is taken when (a) through (f) of this subsection are not followed.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03300, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03300

Preventing contamination by employeesPreventing contamination from hands (FDA Food Code 3-301.11).

(1) food employees shall wash their hands as specified under WAC 246-215-02305.
(2) Except when washing fruits and vegetables as specified under WAC 246-215-03318 or as specified in subsection (4) of this section, food employees may not contact exposed, ready-to-eatfood with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.
(3) food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.
(4) Subsection (2) of this section does not apply to a food employee that contacts exposed, ready-to-eat food with bare hands when the ready-to-eat food is to be cooked in the food establishment to heat all parts of the food to a temperature of at least 145°F (63°C) prior to service.
(5) food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if:
(a) The permit holder obtains prior approval from the regulatory authority;
(b) Written procedures are maintained in the food establishment and made available to the regulatory authority upon request that include: Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified under WAC 246-215-05230, 246-215-05255, 246-215-05265, 246-215-05270, 246-215-06305, 246-215-06310, and 246-215-06320, are in an easily accessible location and in close proximity to the work station where bare hand contact procedure is conducted.
(c) A written employee health policy that details how the food establishment complies with Part 2, Subpart B of this chapter including:
(i) Documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified in WAC 246-215-02200, including a written log of reportable employee illnesses maintained for ninety days;
(ii) Documentation that food employees and conditional employees acknowledge their responsibilities as specified in WAC 246-215-02205 and 246-215-02240; and
(iii) Documentation that the person in charge acknowledges the responsibilities as specified in WAC 246-215-02215, 246-215-02220, 246-215-02255, and 246-215-08520.
(d) Documentation that food employees acknowledge they have received training at least annually in:
(i) The risks of contacting ready-to-eat foods with bare hands;
(ii) Proper handwashing as specified under WAC 246-215-02305;
(iii) When to wash their hands as specified under WAC 246-215-02310;
(iv) Where to wash their hands as specified under WAC 246-215-02315;
(v) Proper fingernail maintenance as specified under WAC 246-215-02325;
(vi) Prohibition of jewelry as specified under WAC 246-215-02330; and
(vii) Good hygienic practices as specified under WAC 246-215-02400 and 246-215-02405.
(e) Documentation that hands are washed before food preparation and as necessary to prevent cross contamination by food employees as specified under WAC 246-215-02300, 246-215-02305, 246-215-02310, and 246-215-02315 during all hours of operation when ready-to-eat foods are prepared;
(f) Documentation that food employees contacting ready-to-eatfood with bare hands use two or more of the following control measures to provide additional safeguards to hazards associated with bare hand contact:
(i) Double handwashing;
(ii) Nail brushes;
(iii) A hand antiseptic after handwashing as specified under WAC 246-215-02320;
(iv) Incentive programs provided by the food establishment that assist or encourage food employees not to work when they are ill; or
(v) Other approved control measures; and
(g) Documentation that corrective action is taken when (a) through (f) of this subsection are not followed;
(h) If the allowance for a food establishment to contact ready-to-eat food with bare hands is voluntarily or involuntarily discontinued, suspended or revoked, a food establishment may not reinstate bare hand contact with ready-to-eat food without written approval from the regulatory authority.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03300, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03300, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03303

Preventing contamination by employees—Preventing contamination when tasting (2009 FDA Food Code 3-301.12).

A foodemployee may not use a utensil more than once to taste food that is to be sold or served.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03303, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03303

Preventing contamination by employeesPreventing contamination when tasting (FDA Food Code 3-301.12).

A food employee may not use a utensil more than once to taste food that is to be sold or served.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03303, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03303, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03306

Preventing food and ingredient contamination—Packaged and unpackaged food—Separation, packaging, and segregation (2009 FDA Food Code 3-302.11).

(1) A food must be protected from cross contamination by:
(a) Except as specified in (a)(iii) of this subsection, separating raw animal foods during storage, preparation, holding and display from:
(i) Raw ready-to-eatfood including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eatfood such as fruits and vegetables; and
(ii) Cooked ready-to-eatfood;
(iii) Frozen, commercially processed and packaged raw animal food may be stored and displayed with or above frozen, commercially processed and packaged, ready-to-eatfood.
(b) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding and display by:
(i) Using separate equipment for each type; or
(ii) Arranging each type of food in equipment so that cross contamination of one type with another is prevented; and
(iii) Preparing each type of food at different times or in separate areas.
(c) Cleaning equipment and utensils as specified under WAC 246-215-04605(1) and sanitizing as specified under WAC 246-215-04710;
(d) Except as specified under WAC 246-215-03520 (2)(b) and subsection (2) of this section, storing the food in packages, covered containers, or wrappings;
(e) Cleaning hermetically sealed containers of food of visible soil before opening;
(f) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;
(g) Storing damaged, spoiled, or recalled food being held in the foodestablishment as specified under WAC 246-215-06415; and
(h) Separating fruits and vegetables, before they are washed as specified under WAC 246-215-03318 from ready-to-eatfood.
(2) Subsection (1)(d) of this section does not apply to:
(a) Whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling or hulling before consumption;
(b) primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;
(c) Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;
(d) food being cooled as specified under WAC 246-215-03520; or
(e) shellstock.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03306, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03306

Preventing food and ingredient contaminationPackaged and unpackaged foodSeparation, packaging, and segregation (FDA Food Code 3-302.11).

(1) A food must be protected from cross contamination by:
(a) Except as specified in (a)(iv) of this subsection, separating raw animal foods during storage, preparation, holding, and display from:
(i) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as fruits and vegetables;
(ii) Cooked ready-to-eat food;
(iii) Fruits and vegetables before they are washed; and
(iv) Frozen, commercially processed and packaged raw animal food may be stored and displayed with or above frozen, commercially processed and packaged, ready-to-eat food.
(b) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding and display by:
(i) Using separate equipment for each type; or
(ii) Arranging each type of food in equipment so that cross contamination of one type with another is prevented; and
(iii) Preparing each type of food at different times or in separate areas.
(c) Cleaning equipment and utensils as specified under WAC 246-215-04605(1) and sanitizing as specified under WAC 246-215-04710;
(d) Except as specified under WAC 246-215-03520 and subsection (2) of this section, storing the food in packages, covered containers, or wrappings;
(e) Cleaning hermetically sealed containers of food of visible soil before opening;
(f) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;
(g) Storing damaged, spoiled, or recalled food being held in the food establishment as specified under WAC 246-215-06415; and
(h) Separating fruits and vegetables, before they are washed as specified under WAC 246-215-03318 from ready-to-eat food.
(2) Subsection (1)(d) of this section does not apply to:
(a) Whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling or hulling before consumption;
(b) primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;
(c) Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;
(d) food being cooled as specified under WAC 246-215-03520; or
(e) shellstock.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03306, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03306, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03309

Preventing food and ingredient contamination—Food storage containers, identified with common name of food (2009 FDA Food Code 3-302.12).

Except for containers holding food that can be readily and unmistakably recognized such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the foodestablishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar must be identified with the common name of the food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03309, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03309

Preventing food and ingredient contaminationFood storage containers, identified with common name of food (FDA Food Code 3-302.12).

Except for containers holding food that can be readily and unmistakably recognized such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the food establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar must be identified with the common name of the food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03309, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03309, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03312

Preventing food and ingredient contamination—Pasteurized eggs, substitute for raw eggs for certain recipes (2009 FDA Food Code 3-302.13).

Pasteurized eggs or egg products must be substituted for raw eggs in the preparation of foods such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not:
(1) Cooked as specified under WAC 246-215-03400 (1)(a) or (b); or
(2) Included in WAC 246-215-03400(4).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03312, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03312

Preventing food and ingredient contaminationPasteurized eggs, substitute for raw eggs for certain recipes (FDA Food Code 3-302.13).

Pasteurized eggs or egg products must be substituted for raw eggs in the preparation of foods such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not:
(1) Cooked as specified under WAC 246-215-03400 (1)(a) or (b); or
(2) Included in WAC 246-215-03400(4).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03312, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03312, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03315

Preventing food and ingredient contamination—Protection from unapproved additives (2009 FDA Food Code 3-302.14).

(1) food must be protected from contamination that might result from the addition of, as specified under WAC 246-215-03240:
(a) Unsafe or unapproved foodadditives or color additives; and
(b) Unsafe or unapproved levels of approved food additives and color additives.
(2) A foodemployee may not:
(a) Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; or
(b) Serve or sell food specified under (a) of this subsection that is treated with sulfiting agents before receipt by the foodestablishment.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03315, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03315

Preventing food and ingredient contaminationProtection from unapproved additives (FDA Food Code 3-302.14).

(1) food must be protected from contamination that might result from the addition of, as specified under WAC 246-215-03240:
(a) Unsafe or unapproved foodadditives or color additives; and
(b) Unsafe or unapproved levels of approved food additives and color additives.
(2) A foodemployee may not:
(a) Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; or
(b) Except for grapes, serve or sell food specified under (a) of this subsection that is treated with sulfiting agents before receipt by the foodestablishment.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03315, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03315, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03318

Preventing food and ingredient contamination—Washing fruits and vegetables (2009 FDA Food Code 3-302.15).

(1) Except as specified in subsection (2) of this section, and except for whole, raw fruits and vegetables that are intended for washing by the consumer before consumption, raw fruits and vegetables must be thoroughly rinsed under running water to remove soil and other contaminants after any soaking and before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form.
(2) Raw fruits and vegetables may be washed by using chemicals as specified under WAC 246-215-07225.
(3) For the purposes of this section, raw vegetables include fresh herbs and sprouts.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03318, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03318

Preventing food and ingredient contaminationWashing fruits and vegetables (FDA Food Code 3-302.15).

(1) Except as specified in subsection (2) of this section, and except for whole, raw fruits and vegetables that are intended for washing by the consumer before consumption, raw fruits and vegetables not in a ready-to-eat form must be thoroughly rinsed under running water to remove soil and other contaminants after any soaking and before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form.
(2) Fruits and vegetables may be washed by using chemicals as specified under WAC 246-215-07225.
(3) Devices used for on-site generation of chemicals meeting the requirements specified in 21 C.F.R. 173.315, Chemicals Used in the Washing or to Assist in the Peeling of Fruits and Vegetables, for the washing of raw, whole fruits and vegetables must be used in accordance with the manufacturer's instructions.
(4) For the purposes of this section, raw vegetables include fresh herbs and sprouts.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03318, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03318, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03321

Preventing food and ingredient contamination—Pooling of raw eggs prohibited.

Except eggs that are used in batters or pooled immediately before cooking, raw eggs may not be pooled.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03321, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03321

Preventing food and ingredient contaminationCombining of raw eggs in advance prohibited.

Except eggs that are used in batters or mixed immediately before cooking, mixing four or more raw eggs, egg whites, or egg yokes is prohibited.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03321, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03321, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03324

Preventing contamination from ice used as a coolant—Ice used as exterior coolant, prohibited as ingredient (2009 FDA Food Code 3-303.11).

After uses as a medium for cooling the exterior surfaces of food such as melons or fish, packagedfood such as canned beverages, or cooling coils and tubes of equipment, ice may not be used as a food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03324, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03324

Preventing contamination from ice used as a coolantIce used as exterior coolant, prohibited as ingredient (FDA Food Code 3-303.11).

After use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged food such as canned beverages, or cooling coils and tubes of equipment, ice may not be used as a food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03324, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03324, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03327

Preventing contamination from ice used as a coolant—Storage or display of food in contact with water or ice (2009 FDA Food Code 3-303.12).

(1) packagedfood may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.
(2) Except as specified in subsections (3) and (4) of this section, unpackaged food may not be stored in direct contact with undrained ice.
(3) Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water.
(4) Raw poultry and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03327, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03327

Preventing contamination from ice used as a coolantStorage or display of food in contact with water or ice (FDA Food Code 3-303.12).

(1) packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.
(2) Except as specified in subsections (3) and (4) of this section, unpackaged food may not be stored in direct contact with undrained ice.
(3) Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water.
(4) Raw poultry and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03327, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03327, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03330

Preventing contamination from equipment, utensils, and linens—Food contact with equipment and utensils (2009 FDA Food Code 3-304.11).

food must only contact surfaces of:
(1) equipment and utensils that are cleaned as specified under WAC 246-215-04600 through 246-215-04650 and sanitized as specified under WAC 246-215-04700 through 246-215-04710; or
(2) single-service articles and single-use articles.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03330, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03330

Preventing contamination from equipment, utensils, and linensFood contact with equipment and utensils (FDA Food Code 3-304.11).

food must only contact surfaces of:
(1) equipment and utensils that are cleaned as specified under WAC 246-215-04600 through 246-215-04650 and sanitized as specified under WAC 246-215-04700 through 246-215-04710;
(2) single-service articles and single-use articles; or
(3) linens, such as cloth napkins, as specified under WAC 246-215-03336 that are laundered as specified under Part 4, Subpart B of this chapter.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03330, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03330, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03333

Preventing contamination from equipment, utensils, and linens—In-use utensils, between-use storage (2009 FDA Food Code 3-304.12).

During pauses in food preparation or dispensing, food preparation and dispensing utensils must be stored:
(1) Except as specified under subsection (2) of this section, in the food with their handles above the top of food and the container;
(2) In food that is not potentially hazardous with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;
(3) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under WAC 246-215-04605 and 246-215-04705;
(4) In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;
(5) In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not potentially hazardousfood; or
(6) In a container of water maintained at a temperature of 135°F (57°C) or greater or 41°F (5°C) or less and the container is cleaned at a frequency specified under WAC 246-215-04605 (4)(g).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03333, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03333

Preventing contamination from equipment, utensils, and linensIn-use utensils, between-use storage (FDA Food Code 3-304.12).

During pauses in food preparation or dispensing, food preparation and dispensing utensils must be stored:
(1) Except as specified under subsection (2) of this section, in the food with their handles above the top of food and the container;
(2) In food that is nottime/temperature control for safety food with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;
(3) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under WAC 246-215-04605 and 246-215-04705;
(4) In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;
(5) In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not time/temperature control for safety food; or
(6) In a container of water maintained at a temperature of 135°F (57°C) or greater or 41°F (5°C) or less and the container is cleaned at a frequency specified under WAC 246-215-04605 (4)(g).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03333, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03333, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03336

Preventing contamination from equipment, utensils, and linens—Linens and napkins, use limitation (2009 FDA Food Code 3-304.13).

linens and napkins may not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03336, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03336

Preventing contamination from equipment, utensils, and linensLinens and napkins, use limitation (FDA Food Code 3-304.13).

linens, such as cloth napkins, may not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03336, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03336, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03339

Preventing contamination from equipment, utensils, and linens—Wiping cloths, use limitation (2009 FDA Food Code 3-304.14).

(1) Cloths that are in use for wiping food spills from tableware and carry out containers that occur as food is being served must be:
(a) Maintained dry; and
(b) Used for no other purpose.
(2) Cloths in-use for wiping counters and other equipment surfaces must be:
(a) Held between uses in a chemical sanitizer solution at a concentration specified under WAC 246-215-04565; and
(b) Laundered daily as specified under WAC 246-215-04805(4); or
(c) Dry disposable towels used in conjunction with a spray bottle of chemical sanitizer solution at a concentration specified under WAC 246-215-04565 are not required to be held in a chemical sanitizer solution as long as the towels are disposed of after each use.
(3) Cloths in-use for wiping surfaces in contact with raw animal foods must be kept separate from cloths used for other purposes.
(4) Dry wiping cloths and the chemical sanitizing solutions specified in subsection (2)(a) of this section in which wet wiping cloths are held between uses must be free of food debris and visible soil.
(5) Containers of chemical sanitizing solutions specified in subsection (2)(a) of this section in which wet wiping cloths are held between uses must be stored and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service or single-use articles.
(6) single-use disposable sanitizer wipes must be used in accordance with EPA-approved manufacturer's label use instructions.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03339, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03339

Preventing contamination from equipment, utensils, and linensWiping cloths, use limitation (FDA Food Code 3-304.14).

(1) Cloths that are in use for wiping food spills from tableware and carry out containers that occur as food is being served must be:
(a) Maintained dry; and
(b) Used for no other purpose.
(2) Cloths in-use for wiping counters and other equipment surfaces must be:
(a) Held between uses in a chemical sanitizer solution at a concentration specified under WAC 246-215-04565; and
(b) Laundered daily as specified under WAC 246-215-04805(4).
(3) Cloths in-use for wiping surfaces in contact with raw animal foods must be kept separate from cloths used for other purposes.
(4) Dry wiping cloths and the chemical sanitizing solutions specified in subsection (2)(a) of this section in which wet wiping cloths are held between uses must be free of food debris and visible soil.
(5) Containers of chemical sanitizing solutions specified in subsection (2)(a) of this section in which wet wiping cloths are held between uses must be stored and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service or single-use articles.
(6) single-use disposable sanitizer wipes must be used in accordance with EPA-approved manufacturer's label use instructions.
(7) Dry disposable towels used in conjunction with a spray bottle of chemical sanitizer solution at a concentration specified under WAC 246-215-04565 must be discarded after each use.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03339, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03339, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03342

Preventing contamination from equipment, utensils, and linens—Gloves, use limitation (2009 FDA Food Code 3-304.15).

(1) If used, single-use gloves must be used for only one task such as working with ready-to-eatfood or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.
(2) Except as specified in subsection (3) of this section, slash-resistant gloves that are used to protect the hands during operations requiring cutting must be used in direct contact only with food that is subsequently cooked as specified under Part 3, Subpart D of this chapter such as frozen food or a primal cut of meat.
(3) Slash-resistant gloves may be used with ready-to-eatfood that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.
(4) Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required under Part 3, Subpart D such as frozen food or a primal cut of meat.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03342, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03342

Preventing contamination from equipment, utensils, and linensGloves, use limitation (FDA Food Code 3-304.15).

(1) If used, single-use gloves must be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.
(2) Except as specified in subsection (3) of this section, slash-resistant gloves that are used to protect the hands during operations requiring cutting must be used in direct contact only with food that is subsequently cooked as specified under Part 3, Subpart D of this chapter such as frozen food or a primal cut of meat.
(3) Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.
(4) Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required under Part 3, Subpart D such as frozen food or a primal cut of meat.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03342, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03342, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03345

Preventing contamination from equipment, utensils, and linens—Using clean tableware for second portions and refills (2009 FDA Food Code 3-304.16).

(1) Except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, foodemployees may not use tableware, including single-service articles, soiled by the consumer, to provide second portions or refills.
(2) Except as specified in subsection (3) of this section, self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.
(3) Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified under WAC 246-215-04230 (1), (2), and (3).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03345, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03345

Preventing contamination from equipment, utensils, and linensUsing clean tableware for second portions and refills (FDA Food Code 3-304.16).

(1) Except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees may not use tableware, including single-service articles, soiled by the consumer, to provide second portions or refills.
(2) Except as specified in subsection (3) of this section, self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.
(3) Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified under WAC 246-215-04230 (1), (2), and (4).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03345, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03345, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03348

Preventing contamination from equipment, utensils, and linens—Refilling returnables (2009 FDA Food Code 3-304.17).

(1) A take-home food container returned to a foodestablishment may not be refilled at a foodestablishment with a potentially hazardousfood.
(2) Except as specified in subsection (3) of this section, a take-home food container refilled with food that is not potentially hazardousfood must be cleaned as specified under WAC 246-215-04650(2).
(3) Single service cups and personal take out beverage containers, such as thermally insulated bottles, nonspill coffee cups, and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified under WAC 246-215-04230 (1), (2), and (4).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03348, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03348

Preventing contamination from equipment, utensils, and linensRefilling returnables (FDA Food Code 3-304.17).

(1) Except as specified in subsections (2) through (6) of this section, empty containers returned to a food establishment for cleaning and refilling with food shall be cleaned and refilled in a regulated food processing plant.
(2) A take-home food container returned to a food establishment may be refilled at a food establishment with food if the food container is:
(a) Designed and constructed for reuse and in accordance with the requirements specified in Part 4, Subparts A and B of this chapter;
(b) One that was initially provided by the food establishment to the consumer, either empty or filled with food by the food establishment, for the purpose of being returned for reuse;
(c) Returned to the food establishment by the consumer after use;
(d) Subject to the following steps before being refilled with food:
(i) Cleaned as specified under Part 4, Subpart F of this chapter;
(ii) Sanitized as specified under Part 4, Subpart G of this chapter; and
(iii) Visually inspected by a food employee to verify that the container, as returned, meets the requirements specified under Part 4, Subparts A and B of this chapter.
(3) A take-home food container returned to a food establishment may be refilled at a food establishment with a beverage if:
(a) The beverage is not a time/temperature control for safety food;
(b) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the food establishment;
(c) Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system;
(d) The consumer-owned container returned to the food establishment for refilling is refilled for sale or service only to the same consumer; and
(e) The container is refilled by:
(i) An employee of the food establishment; or
(ii) The owner of the container if the beverage system includes a contamination-free transfer process as specified under WAC 246-215-04230 (1), (2), and (4) that cannot be bypassed by the container owner.
(4) Consumer-owned multiuse beverage containers may be refilled, including time/temperature control for safety food beverages, by employees or the consumer if refilling is a contamination-free process as specified in WAC 246-215-04230 (1), (2), and (4).
(5) consumer-owned containers that are not food-specific may be filled at a water vending machine or system.
(6) A food establishment under an approved plan may allow consumers to:
(a) Refill a visibly clean consumer-owned container with nonready-to-eat food, bulk food, and packaged food;
(b) Refill a visibly clean consumer-owned container with ready-to-eat food when dispensed from equipment, such as a gravity-flow unit, meeting standards for liquid food and ice in WAC 246-215-04230; and
(c) Request a food employee of the food establishment to refill a visually clean consumer-owned container with food using a contamination-free process.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03348, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03348, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03351

Preventing contamination from the premises—Food storage (2009 FDA Food Code 3-305.11).

(1) Except as specified in subsections (2) and (3) of this section, food must be protected from contamination by storing the food:
(a) In a clean, dry location;
(b) Where it is not exposed to splash, dust, or other contamination; and
(c) At least six inches (15 cm) above the floor.
(2) food in packages and working containers may be stored less than six inches (15 cm) above the floor on case lot handling equipment as specified under WAC 246-215-04268.
(3) Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03351, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03351

Preventing contamination from the premisesFood storage (FDA Food Code 3-305.11).

(1) Except as specified in subsections (2) and (3) of this section, food must be protected from contamination by storing the food:
(a) In a clean, dry location;
(b) Where it is not exposed to splash, dust, or other contamination; and
(c) At least six inches (15 cm) above the floor.
(2) food in packages and working containers may be stored less than six inches (15 cm) above the floor on case lot handling equipment as specified under WAC 246-215-04268.
(3) Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03351, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03351, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03354

Preventing contamination from the premises—Food storage, prohibited areas (2009 FDA Food Code 3-305.12).

food may not be stored:
(1) In locker rooms;
(2) In toilet rooms;
(3) In dressing rooms;
(4) In garbage rooms;
(5) In mechanical rooms;
(6) Under sewer lines that are not shielded to intercept potential drips;
(7) Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;
(8) Under open stairwells; or
(9) Under other sources of contamination.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03354, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03354

Preventing contamination from the premisesFood storage, prohibited areas (FDA Food Code 3-305.12).

food may not be stored:
(1) In locker rooms;
(2) In toilet rooms;
(3) In dressing rooms;
(4) In garbage rooms;
(5) In mechanical rooms;
(6) Under sewer lines that are not shielded to intercept potential drips;
(7) Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;
(8) Under open stairwells; or
(9) Under other sources of contamination.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03354, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03354, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03357

Preventing contamination from the premises—Vended potentially hazardous food, original container (2009 FDA Food Code 3-305.13).

potentially hazardousfood dispensed through a vending machine must be in the package in which it was placed at the foodestablishment or foodprocessing plant at which it was prepared.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03357, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03357

Preventing contamination from the premisesVended time/temperature control for safety food, original container (FDA Food Code 3-305.13).

time/temperature control for safety food dispensed through a vending machine must be in the package in which it was placed at the food establishment or food processing plant at which it was prepared.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03357, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03357, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03360

Preventing contamination from the premises—Food preparation (2009 FDA Food Code 3-305.14).

During preparation, unpackaged food must be protected from environmental sources of contamination.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03360, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03360

Preventing contamination from the premisesFood preparation (FDA Food Code 3-305.14).

During preparation, unpackaged food must be protected from environmental sources of contamination.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03360, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03360, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03363

Preventing contamination by consumers—Food display (2009 FDA Food Code 3-306.11).

(1) Except for nuts in the shell and whole raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display must be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means;
(2) If packaged for consumer self-service, hard crusted breads such as baguettes must be completely covered and may be open at one end.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03363, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03363

Preventing contamination by consumersFood display (FDA Food Code 3-306.11).

(1) Except for nuts in the shell and whole raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display must be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means;
(2) If packaged for consumer self-service, hard crusted breads such as baguettes must be completely covered and may be open at one end.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03363, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03363, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03366

Preventing contamination by consumers—Condiments, protection (2009 FDA Food Code 3-306.12).

(1) Condiments must be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays with the proper utensils, original containers designed for dispensing, or individual packages or portions.
(2) Condiments at a vending machine location must be in individual packages or provided in dispensers that are filled at an approved location, such as the foodestablishment that provides food to the vending machine location, a foodprocessing plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the vending machine location.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03366, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03366

Preventing contamination by consumersCondiments, protection (FDA Food Code 3-306.12).

(1) Condiments must be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays with the proper utensils, original containers designed for dispensing, or individual packages or portions.
(2) Condiments at a vending machine location must be in individual packages or provided in dispensers that are filled at an approved location, such as the food establishment that provides food to the vending machine location, a food processing plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the vending machine location.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03366, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03366, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03369

Preventing contamination by consumers—Consumer self-service operations (2009 FDA Food Code 3-306.13).

(1) Raw unpackaged animal food such as beef, lamb, pork, and fish may not be offered for consumer self-service. This subsection does not apply to:
(a) consumer self-service of ready-to-eatfoods at buffets or salad bars that serve foods such as sushi or raw shellfish;
(b) Ready-to-cook individual portions for cooking and immediate consumption on the premises such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue; or
(c) Raw, frozen shrimp, lobster, finfish, calamari, or adductor muscle of scallop; or frozen, breaded seafood.
(2) consumer self-service operations for ready-to-eatfoods must be provided with suitable utensils or effective dispensing methods that protect the food from contamination.
(3) consumer self-service operations such as buffets and salad bars must be monitored by foodemployees trained in safe operating procedures.
(4) Containers for display and service of ready-to-eat, unpackaged, bulk foods for consumer self-service must have a consumer access point no less than 30 inches above floor level, except for approved containers of liquids.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03369, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03369

Preventing contamination by consumersConsumer self-service operations (FDA Food Code 3-306.13).

(1) Raw unpackaged animal food such as beef, lamb, pork, poultry, and fish may not be offered for consumer self-service. This subsection does not apply to:
(a) consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish;
(b) Ready-to-cook individual portions for cooking and immediate consumption on the premises such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue; or
(c) Raw, frozen shrimp, lobster, finfish, calamari, or adductor muscle of scallop; or frozen, breaded seafood.
(2) consumer self-service operations for ready-to-eatfoods must be provided with suitable utensils or effective dispensing methods that protect the food from contamination.
(3) consumer self-service operations such as buffets and salad bars must be monitored by food employees trained in safe operating procedures.
(4) Containers for display and service of ready-to-eat, unpackaged, bulk foods for consumer self-service must have a consumer access point at least 30 inches above floor level, except for approved containers of liquids.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03369, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03369, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03372

Preventing contamination by consumers—Returned food and reservice of food (2009 FDA Food Code 3-306.14).

(1) Except as specified in subsection (2) of this section, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer may not be offered as food for human consumption.
(2) Except as specified under WAC 246-215-03800(7), a container of food that is not potentially hazardousfood may be re-served from one consumer to another if:
(a) The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or
(b) The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03372, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03372

Preventing contamination by consumersReturned food and reservice of food (FDA Food Code 3-306.14).

(1) Except as specified in subsections (2) and (3) of this section, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer may not be offered as food for human consumption.
(2) Except as specified under WAC 246-215-03800(7), a container of food that is not time/temperature control for safety food may be re-served from one consumer to another if:
(a) The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or
(b) The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.
(3) Surplus previously served food, such as whole uncut produce that complies with WAC 246-215-03318, unopened bags of sliced fruit, unopened containers of time/temperature control for safety food that are immediately placed in a temperature-controlled environment, and other approved foods may be re-served to a person or donated food distributing organization under an approved plan.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03372, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03372, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03375

Preventing contamination by consumers—Miscellaneous sources of contamination (2009 FDA Food Code 3-307.11).

food must be protected from contamination that might result from a factor or source not specified under Part 3, Subparts A through F.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03375, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03375

Preventing contamination by consumersMiscellaneous sources of contamination (FDA Food Code 3-307.11).

food must be protected from contamination that might result from a factor or source not specified under Part 3, Subparts A through F in this chapter.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03375, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03375, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022)

PDF246-215-03400

Cooking—Raw animal foods (2009 FDA Food Code 3-401.11).

(1) Except as specified under subsections (2), (3), and (4) of this section, raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods, must be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following methods based on the food that is being cooked:
(a) 145°F (63°C) or above for fifteen seconds for:
(i) Raw eggs that are broken and prepared in response to a consumer's order and for immediate service; and
(ii) Except as specified under (b) and (c) of this subsection and subsections (2) and (3) of this section, fish and meat, including game animals commercially raised for food as specified under WAC 246-215-03230 (1)(a) and game animals under a voluntary inspection program as specified under WAC 246-215-03230 (1)(b);
(b) 155°F (68°C) for fifteen seconds or a temperature and time combination specified in the following chart, provided that foodemployees monitor both temperature and time under an approved plan, for ratites; mechanically tenderized and injected meats; and comminuted fish, meat, game animals commercially raised for food as specified under WAC 246-215-03230 (1)(a), game animals under a voluntary inspection program as specified under WAC 246-215-03230 (1)(a); and raw eggs that are not prepared as specified under (a)(i) of this subsection; or
Table 3-1: Minimum Temperatures
Temperature °F (°C)
Time
145 (63)
3 minutes
150 (66)
1 minute
158 (70)
< 1 second (instantaneous)
(c) 165°F (74°C) or above for 15 seconds for poultry; baluts; wild game animals; stuffed fish; stuffed meat; stuffed pasta; stuffed ratites; or stuffing containing fish, meat, poultry, or ratites.
(2) Whole meat roasts, including beef, corned beef, lamb, pork, and cured pork roasts such as ham, must be cooked:
(a) In an oven that is preheated to the temperature specified for the roast's weight in Table 3-2 and that is held at that temperature; and
Table 3-2: Oven Temperature Based on Weight
Oven Type
Less Than 10 lbs. (4.5 kg)
10 lbs. (4.5 kg) or More
Still Dry
350°F (177°C) or more
250°F (121°C) or more
Convection
325°F (163°C) or more
250°F (121°C) or more
High Humidity1
250°F (121°C) or less
250°F (121°C) or less
1
Relative humidity greater than 90% for at least one hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity.
(b) As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:
Table 3-3: Temperature and Holding Time
Temperature °F (°C)
Time in Minutes1
Temperature °F (°C)
Time in Seconds1
130 (54.4)
112
 
147 (63.9)
134
 
131 (55.0)
89
 
149 (65.0)
85
 
133 (56.1)
56
 
151 (66.1)
54
 
135 (57.2)
36
 
153 (67.2)
34
 
136 (57.8)
28
 
155 (68.3)
22
 
138 (58.9)
18
 
157 (69.4)
14
 
140 (60.0)
12
 
158 (70.0)
0
 
142 (61.1)
8
 
 
 
 
144 (62.2)
5
 
 
 
 
145 (62.8)
4
 
 
 
 
1
Holding time may include postoven heat rise.
(3) A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if:
(a) The foodestablishment serves a population that is not a highly susceptible population;
(b) The steak is labeled to indicate that it meets the definition of whole-muscle, intact beef as specified under WAC 246-215-03200(5); and
(c) The steak is cooked on both the top and the bottom to a surface temperature of 145°F (63°C) or above and a cooked color change is achieved on all external surfaces.
(4) A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subsection (3) of this section, may be served or offered for sale in a ready-to-eat form if:
(a) As specified under WAC 246-215-03800 (3)(a) and (b), the foodestablishment serves a population that is not a highly susceptible population;
(b) The food is not offered from a children's menu or children's section of any menu; and
(c) The consumer is informed as specified under WAC 246-215-03620 that to ensure its safety, the food should be cooked as specified under subsection (1) or (2) of this section; or
(d) The regulatory authority grants a variance from subsection (1) or (2) of this section as specified under WAC 246-215-08110 based on a HACCP plan that:
(i) Is submitted by the permit holder and approved as specified under WAC 246-215-08115;
(ii) Documents scientific data or other information showing that a lesser time and temperature regimen results in safe food; and
(iii) Verifies that equipment and procedures for food preparation and training of foodemployees at the foodestablishment meet the conditions of the variance.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03400, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03400

CookingRaw animal foods (FDA Food Code 3-401.11).

(1) Except as specified under subsections (2), (3), and (4) of this section, raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods, must be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following methods based on the food that is being cooked:
(a) 145°F (63°C) or above for fifteen seconds for:
(i) Raw eggs that are broken and prepared in response to a consumer's order and for immediate service; and
(ii) Except as specified under (b) and (c) of this subsection and subsections (2) and (3) of this section, fish and intact meat, including game animals commercially raised for food as specified under WAC 246-215-03230 (1)(a) and game animals under a voluntary inspection program as specified under WAC 246-215-03230 (1)(b);
(b) 158°F (70°C) or above for <1 second (instantaneous) or a temperature and time combination specified in Table 3-1, provided that foodemployees monitor both temperature and time under an approved plan, for ratites; mechanically tenderized and injected meats; and comminuted fish, meat, game animals commercially raised for food as specified under WAC 246-215-03230 (1)(a), game animals under a voluntary inspection program as specified under WAC 246-215-03230 (1)(a); and raw eggs that are not prepared as specified under (a)(i) of this subsection; or
Table 3-1: Minimum Temperatures
Temperature °F (°C)
Time
145 (63)
3 minutes
150 (66)
1 minute
155 (68)
17 seconds
(c) 165°F (74°C) or above for <1 second (instantaneous) for poultry; baluts; wild game animals; stuffed fish; stuffed meat; stuffed pasta; stuffed poultry; stuffed ratites; or stuffing containing fish, meat, poultry, or ratites.
(2) Whole meat roasts, including beef, corned beef, lamb, pork, and cured pork roasts such as ham, must be cooked:
(a) As specified in the following Table 3-2, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:
Table 3-2: Temperature and Holding Time
Temperature °F (°C)
Time in Minutes1
Temperature °F (°C)
Time in Seconds1
130 (54.4)
112
 
147 (63.9)
134
 
131 (55.0)
89
 
149 (65.0)
85
 
133 (56.1)
56
 
151 (66.1)
54
 
135 (57.2)
36
 
153 (67.2)
34
 
136 (57.8)
28
 
155 (68.3)
22
 
138 (58.9)
18
 
157 (69.4)
14
 
140 (60.0)
12
 
158 (70.0)
0
 
142 (61.1)
8
 
 
 
 
144 (62.2)
5
 
 
 
 
145 (62.8)
4
 
 
 
 
1
Holding time may include postoven heat rise.
(b) In an oven that is preheated to the temperature specified for the roast's weight in Table 3-3 and that is held at that temperature; and
Table 3-3: Oven Temperature Based on Weight
Oven Type
Less Than 10 lbs. (4.5 kg)
10 lbs. (4.5 kg) or More
Still Dry
350°F (177°C) or more
250°F (121°C) or more
Convection
325°F (163°C) or more
250°F (121°C) or more
High Humidity1
250°F (121°C) or less
250°F (121°C) or less
1
Relative humidity greater than 90 percent for at least one hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100 percent humidity.
(3) A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if:
(a) The food establishment serves a population that is not a highly susceptible population;
(b) The steak is labeled to indicate that it meets the definition of whole-muscle, intact beef as specified under WAC 246-215-03200(5); and
(c) The steak is cooked on both the top and the bottom to a surface temperature of 145°F (63°C) or above and a cooked color change is achieved on all external surfaces.
(4) A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subsection (3) of this section, may be served or offered for sale in a ready-to-eat form if:
(a) As specified under WAC 246-215-03800 (3)(a) and (b), the food establishment serves a population that is not a highly susceptible population;
(b) The food is not offered from a children's menu or children's section of any menu; and
(c) The consumer is informed as specified under WAC 246-215-03620 that to ensure its safety, the food should be cooked as specified under subsection (1) or (2) of this section; or
(d) The regulatory authority grants a variance from subsection (1) or (2) of this section as specified under WAC 246-215-08110 based on a haccp plan that:
(i) Is submitted by the permit holder and approved as specified under WAC 246-215-08115;
(ii) Documents scientific data or other information showing that a lesser time and temperature regimen results in safe food; and
(iii) Verifies that equipment and procedures for food preparation and training of food employees at the food establishment meet the conditions of the variance.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03400, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03400, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03405

Cooking—Microwave cooking (2009 FDA Food Code 3-401.12).

Raw animal foods cooked in a microwave oven must be:
(1) Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;
(2) Covered to retain surface moisture;
(3) Heated to a temperature of at least 165°F (74°C) in all parts of the food; and
(4) Allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03405, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03405

CookingMicrowave cooking (FDA Food Code 3-401.12).

Raw animal foods cooked in a microwave oven must be:
(1) Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;
(2) Covered to retain surface moisture;
(3) Heated to a temperature of at least 165°F (74°C) in all parts of the food; and
(4) Allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03405, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03405, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03410

Cooking—Plant food cooking for hot holding (2009 FDA Food Code 3-401.13).

Fruits and vegetables that are cooked for hot holding must be cooked to a temperature of 135°F (57°C).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03410, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03410

CookingPlant food cooking for hot holding (FDA Food Code 3-401.13).

Plant foods that are cooked for hot holding must be cooked to a temperature of at least 135°F (57°C).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03410, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03410, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03415

Cooking—Noncontinuous cooking of raw animal foods (2009 FDA Food Code 3-401.14).

Except as specified in subsection (7) of this section, raw animal foods that are cooked using a noncontinuous cooking process must be:
(1) Subject to an initial heating process that is no longer than sixty minutes in duration;
(2) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked, potentially hazardousfood under WAC 246-215-03515(1);
(3) After cooling, held frozen or cold, as specified for potentially hazardousfood under WAC 246-215-03525 (1)(b);
(4) Prior to sale or service, cooked using a process that heats all parts of the food to a temperature of at least 165°F (74°C) for fifteen seconds;
(5) Cooled according to the time and temperature parameters specified for cooked potentially hazardousfood under WAC 246-215-03515(1) if not either hot held as specified under WAC 246-215-03525(1), served immediately, or held using time as a public health control as specified under WAC 246-215-03530 after complete cooking;
(6) Prepared and stored according to written procedures that:
(a) Have obtained prior approval from the regulatory authority;
(b) Are maintained in the foodestablishment and are available to the regulatory authority upon request;
(c) Describe how the requirements specified under subsections (1) through (5) of this section are to be monitored and documented by the permit holder and the corrective actions to be taken if the requirements are not met;
(d) Describe how the foods, after initial heating, but prior to complete cooking, are to be marked or otherwise identified as foods that must be cooked as specified under subsection (4) of this section prior to being offered for sale or service; and
(e) Describe how the foods, after initial heating but prior to cooking as specified under subsection (4) of this section, are to be separated from ready-to-eatfoods as specified under WAC 246-215-03306(1); and
(7) Raw animal foods that are grill marked must be:
(a) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked potentially hazardousfood under WAC 246-215-03515(1);
(b) Marked or otherwise identified as foods that must be cooked;
(c) Separated from ready-to-eatfoods as specified under WAC 246-215-03306(1);
(d) Prior to sale or service, cooked to the temperatures specified under WAC 246-215-03400;
(e) Hot held as specified under WAC 246-215-03525(1), served immediately, or held using time as a public health control as specified under WAC 246-215-03530 after complete cooking; and
(f) Disposed if left over after cooking and hot holding.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03415, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03415

CookingNoncontinuous cooking of raw animal foods (FDA Food Code 3-401.14).

Raw animal foods that are cooked using a noncontinuous cooking process must be:
(1) Subject to an initial heating process that is no longer than sixty minutes in duration;
(2) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked, time/temperature control for safety food under WAC 246-215-03515(1);
(3) After cooling, held frozen or cold, as specified for time/temperature control for safety food under WAC 246-215-03525 (1)(b);
(4) Prior to sale or service, cooked using a process that heats all parts of the food to a temperature and time specified under WAC 246-215-03400 (1) through (3);
(5) Cooled according to the time and temperature parameters specified for cooked time/temperature control for safety food under WAC 246-215-03515(1) if not either hot held as specified under WAC 246-215-03525(1), served immediately, or held using time as a public health control as specified under WAC 246-215-03530 after complete cooking;
(6) Prepared and stored according to written procedures that:
(a) Have obtained prior approval from the regulatory authority;
(b) Are maintained in the food establishment and are available to the regulatory authority upon request;
(c) Describe how the requirements specified under subsections (1) through (5) of this section are to be monitored, documented and the corrective actions to be taken if the requirements are not met;
(d) Describe how the foods, after initial heating, but prior to complete cooking, are to be marked or otherwise identified as foods that must be cooked as specified under subsection (4) of this section prior to being offered for sale or service; and
(e) Describe how the foods, after initial heating but prior to cooking as specified under subsection (4) of this section, are to be separated from ready-to-eat foods as specified under WAC 246-215-03306(1).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03415, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03415, filed 1/17/13, effective 5/1/13.]



PDF246-215-03420

Cooking—Unattended cooking and hot holding.

Unattended cooking and unattended hot holding are prohibited without continuous temperature monitoring under an approved plan.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03420, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03425

Freezing—Parasite destruction (2009 FDA Food Code 3-402.11).

(1) Except as specified in subsection (2) of this section, before service or sale in ready-to-eat form, raw, raw marinated, partially cooked, or marinated partially cooked fish must be:
(a) Frozen and stored at a temperature of -4°F (-20°C) or below for one hundred sixty-eight hours (seven days) in a freezer; or
(b) Frozen at -31°F (-35°C) or below until solid and stored at -31°F (-35°C) for fifteen hours; or
(c) Frozen at -31°F (-35°C) or below until solid and stored at -4°F (-20°C) or below for a minimum of twenty-four hours.
(2) Subsection (1) of this section does not apply to:
(a) Molluscan shellfish;
(b) Tuna of the species Thunnus alalunga, Thunnus albacores (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern); or
(c) Aquacultured fish, such as salmon, that:
(i) If raised in open water, are raised in net pens; or
(ii) Are raised in land-based operations such as ponds or tanks; and
(iii) Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish.
(3) fish eggs that have been removed from the skein and rinsed.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03425, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03425

FreezingParasite destruction (FDA Food Code 3-402.11).

(1) Except as specified in subsection (2) of this section, before service or sale in ready-to-eat form, raw, raw marinated, partially cooked, or marinated partially cooked fish must be:
(a) Frozen and stored at a temperature of -4°F (-20°C) or below for a minimum of one hundred sixty-eight hours (seven days) in a freezer; or
(b) Frozen at -31°F (-35°C) or below until solid and stored at -31°F (-35°C) or below for a minimum of fifteen hours; or
(c) Frozen at -31°F (-35°C) or below until solid and stored at -4°F (-20°C) or below for a minimum of twenty-four hours.
(2) Subsection (1) of this section does not apply to:
(a) Molluscan shellfish;
(b) A scallop product consisting only of the shucked adductor muscle;
(c) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern); or
(d) Aquacultured fish, such as salmon, that:
(i) If raised in open water, are raised in net pens; or
(ii) Are raised in land-based operations such as ponds or tanks; and
(iii) Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish.
(e) fish eggs that have been removed from the skein and rinsed.
(f) Fresh unfrozen finfish, such as halibut or salmon, which are partially cooked only upon consumer request and served in accordance with WAC 246-215-03620 (2) and (3)(d).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03425, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03425, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03430

Freezing—Records, creation and retention (2009 FDA Food Code 3-402.12).

(1) Except as specified under WAC 246-215-03425(2) and subsection (2) of this section, if raw, raw marinated, partially cooked, or marinated partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and shall retain the records of the foodestablishment for ninety calendar days beyond the time of service or sale of the fish.
(2) If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under Section 3-402.11 may substitute for the records specified under subsection (1) of this section.
(3) If raw, raw marinated, partially cooked, or marinated partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified under WAC 246-215-03425 (2)(c), a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified under WAC 246-215-03425 (2)(c), must be obtained by the person in charge and retained in the records of the foodestablishment for ninety calendar days beyond the time of service or sale of the fish.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03430, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03430

FreezingRecords, creation and retention (FDA Food Code 3-402.12).

(1) Except as specified under WAC 246-215-03425(2) and subsection (2) of this section, if raw, raw marinated, partially cooked, or marinated partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and shall retain the records of the food establishment for ninety calendar days beyond the time of service or sale of the fish.
(2) If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under WAC 246-215-03425 may substitute for the records specified under subsection (1) of this section.
(3) If raw, raw marinated, partially cooked, or marinated partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified under WAC 246-215-03425 (2)(c), a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified under WAC 246-215-03425 (2)(c), must be obtained by the person in charge and retained in the records of the food establishment for ninety calendar days beyond the time of service or sale of the fish.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03430, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03430, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03435

Reheating—Preparation for immediate service (2009 FDA Food Code 3-403.10).

Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03435, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03435

ReheatingPreparation for immediate service (FDA Food Code 3-403.10).

Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03435, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03435, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03440

Reheating—Reheating for hot holding (2009 FDA Food Code 3-403.11).

(1) Except as specified under subsections (2), (3), and (5) of this section, potentially hazardousfood that is cooked, cooled, and reheated for hot holding must be reheated so that all parts of the food reach a temperature of at least 165°F (74°C) for fifteen seconds.
(2) Except as specified under subsection (3) of this section, potentially hazardousfood reheated in a microwave oven for hot holding must be reheated so that all parts of the food reach a temperature of at least 165°F (74°C) and the food is rotated or stirred, covered, and allowed to stand covered for two minutes after reheating.
(3) ready-to-eatfood taken from a commercially processed, hermetically sealed container, or from an intact package from a foodprocessing plant that is inspected by the foodregulatory authority that has jurisdiction over the plant, must be heated to a temperature of at least 135°F (57°C) for hot holding.
(4) Reheating for hot holding as specified under subsections (1) through (3) of this section must be done rapidly and the time the food is between 41°F (5°C) and the temperature specified under subsections (1) through (3) of this section may not exceed two hours.
(5) Remaining unsliced portions of meat roasts that are cooked as specified under WAC 246-215-03400(2) may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under WAC 246-215-03400(2).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03440, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03440

ReheatingReheating for hot holding (FDA Food Code 3-403.11).

(1) Except as specified under subsections (2), (3), and (5) of this section, time/temperature control for safety food that is cooked, cooled, and reheated for hot holding must be reheated so that all parts of the food reach a temperature of at least 165°F (74°C) for fifteen seconds.
(2) Except as specified under subsection (3) of this section, time/temperature control for safety food reheated in a microwave oven for hot holding must be reheated so that all parts of the food reach a temperature of at least 165°F (74°C) and the food is rotated or stirred, covered, and allowed to stand covered for two minutes after reheating.
(3) ready-to-eat time/temperature control for safety food that has been commercially processed and packaged in a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant, must be heated to a temperature of at least 135°F (57°C) for hot holding.
(4) Reheating for hot holding as specified under subsections (1) through (3) of this section must be done rapidly and the time the food is between 41°F (5°C) and the temperature specified under subsections (1) through (3) of this section may not exceed two hours.
(5) Remaining unsliced portions of meat roasts that are cooked as specified under WAC 246-215-03400(2) may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under WAC 246-215-03400(2).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03440, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03440, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03445

Other methods—Treating juice (2009 FDA Food Code 3-404.11).

juice packaged in a foodestablishment must be:
(1) Treated under a HACCP plan as specified under WAC 246-215-08215 (2) through (5) to attain a 5-log reduction, which is equal to a 99.999% reduction, of the most resistant microorganism of public health significance; or
(2) Labeled, if not treated to yield a 5-log reduction of the most resistant microorganism of public health significance:
(a) As specified under WAC 246-215-03610; and
(b) As specified in 21 C.F.R. 101.17(g) Food labeling, warning, notice, and safe handling statements, juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens with the following, "Warning: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems."
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03445, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03445

Other methodsTreating juice (FDA Food Code 3-404.11).

juice packaged in a food establishment must be:
(1) Treated under a haccp plan as specified under WAC 246-215-08215 to attain a 5-log reduction, which is equal to a 99.999% reduction, of the most resistant microorganism of public health significance; or
(2) Labeled, if not treated to yield a 5-log reduction of the most resistant microorganism of public health significance:
(a) As specified under WAC 246-215-03610; and
(b) As specified in 21 C.F.R. 101.17(g) Food Labeling, Warning, Notice, and Safe Handling Statements, juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens with the following, "Warning: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems."
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03445, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03445, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03500

Temperature and time control—Frozen food (2009 FDA Food Code 3-501.11).

Stored frozen foods must be maintained frozen.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03500, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03500

Temperature and time controlFrozen food (FDA Food Code 3-501.11).

Stored frozen foods must be maintained frozen.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03500, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03500, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03505

Temperature and time control—Potentially hazardous food, slacking (2009 FDA Food Code 3-501.12).

Frozen potentially hazardousfood that is slacked to moderate the temperature must be held:
(1) Under refrigeration that maintains the food temperature at 41°F (5°C) for less; or
(2) At any temperature if the food remains frozen.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03505, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03505

Temperature and time controlTime/temperature control for safety food, slacking (FDA Food Code 3-501.12).

Frozen Time/temperature control for safety food that is slacked to moderate the temperature must be held:
(1) Under refrigeration that maintains the food temperature at 41°F (5°C) for less; or
(2) At any temperature if the food remains frozen.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03505, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03505, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03510

Temperature and time control—Thawing (2009 FDA Food Code 3-501.13).

Except as specified in subsection (4) of this section, potentially hazardousfood must be thawed:
(1) Under refrigeration that maintains the food temperature at 41°F (5°C) or less; or
(2) Completely submerged under running water:
(a) At a water temperature of 70°F (21°C) or below;
(b) With sufficient water velocity to agitate and float off loose particles in an overflow; and
(c) For a period of time that does not allow thawed portions of ready-to-eatfood to rise above 41°F (5°C); or
(d) For a period of time that does not allow thawed portions of raw animal food requiring cooking as specified under WAC 246-215-03400 (1) or (2) to be above 41°F (5°C) for more than four hours including:
(i) The time the food is exposed to the running water and the time needed for preparation for cooking; or
(ii) The time it takes under refrigeration to lower the food temperature to 41°F (5°C);
(3) As part of a cooking process if the food that is frozen is:
(a) Cooked as specified under WAC 246-215-03400 (1) or (2) or 246-215-03405; or
(b) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or
(4) Using any procedure if a portion of frozen, ready-to-eatfood is thawed and prepared for immediate service in response to an individual customer's order.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03510, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03510

Temperature and time controlThawing (FDA Food Code 3-501.13).

Except as specified in subsection (4) of this section, time/temperature control for safety food must be thawed:
(1) Under refrigeration that maintains the food temperature at 41°F (5°C) or less; or
(2) Completely submerged under running water:
(a) At a water temperature of 70°F (21°C) or below;
(b) With sufficient water velocity to agitate and float off loose particles in an overflow; and
(c) For a period of time that does not allow thawed portions of ready-to-eatfood to rise above 41°F (5°C); or
(d) For a period of time that does not allow thawed portions of raw animal food requiring cooking as specified under WAC 246-215-03400 (1) or (2) to be above 41°F (5°C) for more than four hours including:
(i) The time the food is exposed to the running water and the time needed for preparation for cooking; or
(ii) The time it takes under refrigeration to lower the food temperature to 41°F (5°C);
(3) As part of a cooking process if the food that is frozen is:
(a) Cooked as specified under WAC 246-215-03400 (1) or (2) or 246-215-03405; or
(b) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or
(4) Using any procedure if a portion of frozen, ready-to-eat food is thawed and prepared for immediate service in response to an individual customer's order; or
(5) reduced oxygen packaged fish that bears a label indicating that it is to be kept frozen until time of use must be removed from the reduced oxygen environment:
(a) Prior to thawing under refrigeration as specified in subsection (1) of this section; or
(b) Prior to, or immediately upon completion of, thawing using procedures specified in subsection (2) of this section.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03510, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03510, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03515

Temperature and time control—Cooling (2009 FDA Food Code 3-501.14).

(1) Cooked potentially hazardousfood must be cooled:
(a) Within two hours from 135°F (57°C) to 70°F (21°C);
(b) Within a total of six hours from 135°F (57°C) to 41°F (5°C) or less; or
(c) As alternatives to the cooling provisions of (a) and (b) of this subsection, the following rapid cooling procedures are allowed:
(i) Continuous cooling of foods in a shallow layer of two inches or less, uncovered, protected from cross contamination, in cooling equipment maintaining an ambient air temperature of 41°F (5°C) or less; or
(ii) Continuous cooling of intact pieces of meat that is not comminuted and is no greater than four inches thick, uncovered, unwrapped, not touching other pieces of food, protected from cross contamination, in cooling equipment maintaining an ambient temperature of 41°F (5°C) or less.
(2) potentially hazardousfood must be cooled within four hours to 41°F (5°C) or less if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.
(3) Except as specified in subsection (4) of this section, a potentially hazardousfood received in compliance with laws allowing a temperature above 41°F (5°C) during shipment from the supplier as specified under WAC 246-215-03235(2), must be cooled within four hours to 41°F (5°C) or less.
(4) Raw eggs must be received as specified under WAC 246-215-03235(3) and immediately placed in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03515, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03515

Temperature and time controlCooling (FDA Food Code 3-501.14).

(1) Cooked time/temperature control for safety food must be cooled, uncovered, protected from contamination, in equipment that maintains an ambient air temperature of 41°F (5°C) or less and:
(a) In a shallow, uncovered, layer of two inches or less; or
(b) Up to four inches thick in one dimension and not touching other pieces of food for intact meat.
(2) As an alternative to the cooling provisions of subsection (1) of this section, cooling methods identified in WAC 246-215-03520 that meet the following time and temperature criteria are allowed:
(a) Within two hours from 135°F (57°C) to 70°F (21°C); and
(b) Within a total of six hours from 135°F (57°C) to 41°F (5°C) or less.
(3) time/temperature control for safetyfood must be cooled within four hours to 41°F (5°C) or less if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.
(4) Except as specified in subsection (5) of this section, a time/temperature control for safety food received in compliance with laws allowing a temperature above 41°F (5°C) during shipment from the supplier as specified under WAC 246-215-03235(2), must be cooled within four hours to 41°F (5°C) or less.
(5) Raw eggs must be received as specified under WAC 246-215-03235(3) and immediately placed in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03515, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03515, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03520

Temperature and time control—Cooling methods (2009 FDA Food Code 3-501.15).

(1) Cooling must be accomplished in accordance with the time and temperature requirements specified under WAC 246-215-03515 by using one or more of the following methods based on the type of food being cooled:
(a) Placing the food in shallow pans;
(b) Separating the food into smaller or thinner portions;
(c) Using rapid cooling equipment;
(d) Stirring the food in a container placed in an ice water bath;
(e) Using containers that facilitate heat transfer;
(f) Adding ice as an ingredient; or
(g) Other effective methods.
(2) When placed in cooling or cold holding equipment, food containers in which food is being cooled must be:
(a) Arranged in the equipment to provide maximum heat transfer through the container walls; and
(b) Loosely covered, or uncovered if using the alternative cooling provisions in WAC 246-215-03515 (1)(c) and if protected from overhead contamination as specified under WAC 246-215-03351 (1)(b), during the cooling period to facilitate heat transfer from the surface of the food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03520, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03520

Temperature and time controlCooling methods (FDA Food Code 3-501.15).

(1) Cooling must be accomplished in accordance with the time and temperature requirements specified under WAC 246-215-03515 by using one or more of the following methods based on the type of food being cooled:
(a) Placing the food in shallow pans;
(b) Separating the food into smaller or thinner portions;
(c) Using rapid cooling equipment;
(d) Stirring the food in a container placed in an ice water bath;
(e) Using containers that facilitate heat transfer;
(f) Adding ice as an ingredient; or
(g) Other effective methods.
(2) When placed in cooling or cold holding equipment, food containers in which food is being cooled must be:
(a) Arranged in the equipment to provide maximum heat transfer through the container walls; and
(b) Uncovered and protected from overhead contamination as specified under WAC 246-215-03351(1), during the cooling period to facilitate heat transfer from the surface of the food; or
(c) Loosely covered if using the cooling methods in WAC 246-215-03515(2).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03520, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03520, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03525

Temperature and time control—Potentially hazardous food, hot and cold holding (2009 FDA Food Code 3-501.16).

(1) Except during active preparation for up to two hours, cooking, or cooling or when time is used as the public health control as specified under WAC 246-215-03530, and except as specified in subsections (2) and (3) of this section, potentially hazardousfood must be maintained:
(a) At 135°F (57°C) or above, except that roasts cooked to a temperature and for a time specified under WAC 246-215-03400(2) or reheated as specified under WAC 246-215-03440 may be held at a temperature of 130°F (54°C) or above; or
(b) At 41°F (5°C) or less.
(2) eggs that have not been treated to destroy all viable salmonellae must be stored in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less.
(3) potentially hazardousfood in a homogenous liquid form may be maintained outside the temperature control requirements, as specified under subsection (1) of this section, while contained within specially designed equipment that complies with the design and construction requirements as specified under WAC 246-215-04230(5).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03525, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03525

Temperature and time controlTime/temperature control for safety food, hot and cold holding (FDA Food Code 3-501.16).

(1) Except during active preparation for up to two hours, cooking, or cooling or when time is used as the public health control as specified under WAC 246-215-03530, and except as specified in subsections (2) and (3) of this section, time/temperature control for safety food must be maintained:
(a) At 135°F (57°C) or above, except that roasts cooked to a temperature and for a time specified under WAC 246-215-03400(2) or reheated as specified under WAC 246-215-03440 may be held at a temperature of 130°F (54°C) or above; or
(b) At 41°F (5°C) or less.
(2) eggs that have not been treated to destroy all viable Salmonellae must be stored in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less.
(3) time/temperature control for safety food in a homogenous liquid form may be maintained outside the temperature control requirements, as specified under subsection (1) of this section, while contained within specially designed equipment that complies with the design and construction requirements as specified under WAC 246-215-04230(5).
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03525, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03525, filed 1/17/13, effective 5/1/13.]



(Effective March 1, 2022.)

PDF246-215-03526

Temperature and time controlReady-to-eat, time/temperature control for safety food, date marking (FDA Food Code 3-501.17).

(1) Except when packaging food using a reduced oxygen packaging method as specified under WAC 246-215-03540, and except as specified in subsections (5) and (6) of this section, refrigerated, ready-to-eat, time/temperature control for safety food prepared and held in a food establishment for more than twenty-four hours must be clearly marked to indicate the date or day by which the food must be consumed on the premises, sold, or discarded when held at a temperature of 41ºF (5ºC) or less for a maximum of seven days. The day of preparation must be counted as day one.
(2) Except as specified in subsections (5) through (7) of this section, refrigerated, ready-to-eat, time/temperature control for safety food prepared and packaged by a food processing plant must be clearly marked, at the time the original container is opened in a food establishment and if the food is held for more than twenty-four hours, to indicate the date or day by which the food must be consumed on the premises, sold, or discarded, based on the temperature and time requirements specified in subsection (1) of this section and:
(a) The day the original container is opened in the food establishment is counted as day one; and
(b) The day or date marked by the food establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety.
(3) A refrigerated, ready-to-eat, time/temperature control for safety food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature control for safety food that is combined with additional ingredients or portions of food must retain the date marking of the earliest-prepared or first-prepared ingredient.
(4) A date marking system that meets the criteria stated in subsections (1) and (2) of this section may include:
(a) Using a method approved by the regulatory authority for refrigerated, ready-to-eat, time/temperature control for safety food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft-serve mix or milk in a dispensing machine;
(b) Marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subsection (1) of this section;
(c) Marking the date or day the original container is opened in a food establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subsection (2) of this section; or
(d) Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the regulatory authority upon request.
(5) Subsections (1) and (2) of this section do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.
(6) Subsections (1) and (2) of this section do not apply to shellstock.
(7) Subsection (2) of this section does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority:
(a) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 C.F.R. 110 Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food;
(b) Hard cheeses containing not more than thirty-nine percent moisture as defined in 21 C.F.R. 133 Cheeses and Related Cheese Products, such as cheddar, gruyere, parmesan and reggiano, and romano;
(c) Semi-soft cheeses containing more than thirty-nine percent moisture, but not more than fifty percent moisture, as defined in 21 C.F.R. 133 Cheeses and Related Cheese Products, such as blue, edam, gorgonzola, gouda, and monterey jack;
(d) Cultured dairy products as defined in 21 C.F.R. 131 Milk and Cream, such as yogurt, sour cream, and buttermilk;
(e) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 C.F.R. 114 Acidified Foods;
(f) Shelf stable, dry fermented sausages, such as pepperoni and genoa; and
(g) Shelf stable salt-cured products such as prosciutto and parma ham.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03526, filed 12/15/20, effective 3/1/22.]



(Effective March 1, 2022.)

PDF246-215-03527

Temperature and time controlReady-to-eat, time/temperature control for safety food, disposition (FDA Food Code 3-501.18).

(1) A food specified in WAC 246-215-03526 (1) and (2) must be discarded unless it is cooked or reheated to 165°F (74°C) prior to service, if it:
(a) Exceeds the temperature and time requirements specified in WAC 246-215-03526, except time that the product is frozen;
(b) Is in a container or package that does not bear a date or day and no ability to validate the opening date; or
(c) Is inappropriately marked with a date or day that exceeds a temperature and time combination as specified in WAC 246-215-03526(1).
(2) Refrigerated, ready-to-eat, time/temperature control for safety food prepared in a food establishment and dispensed through a vending machine with an automatic shutoff control must be discarded if it exceeds a temperature and time requirement as specified in WAC 246-215-03526(1).
(3) A food establishment that serves a highly susceptible population may not reheat improperly marked food as specified under subsection (1) of this section.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03527, filed 12/15/20, effective 3/1/22.]



(Effective until March 1, 2022.)

PDF246-215-03530

Temperature and time control—Time as a public health control (2009 FDA Food Code 3-501.19).

(1) Except as specified under subsection (3) of this section, if time without temperature control is used as the public health control for a working supply of potentially hazardousfood before cooking, or for ready-to-eat potentially hazardousfood that is displayed or held for sale or service for immediate consumption:
(a) Written procedures must be prepared in advance, maintained in the foodestablishment and made available to the regulatory authority upon request that specify:
(i) Methods of compliance with subsections (2)(a) through (c) of this section; and
(ii) Methods of compliance with WAC 246-215-03515 for food that is prepared, cooked, and refrigerated before time is used as a public health control.
(2) If time without temperature control is used as the public health control up to a maximum of four hours:
(a) The food must have an internal temperature of 41°F (5°C) or less when removed from cold holding temperature control, or 135°F (57°C) or greater when removed from hot holding temperature control;
(b) The food must be marked or otherwise identified to indicate the time that is four hours past the point in time when the food is removed from temperature control;
(c) The food must be cooked and served, served at any temperature if ready-to-eat or discarded, within four hours from the point in time when the food is removed from temperature control; and
(d) The food in unmarked containers or packages, or marked to exceed a four-hour limit, must be discarded.
(3) A foodestablishment that serves a highly susceptible population may not use time as specified under subsections (1) and (2) of this section as the public health control for raw eggs.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03530, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03530

Temperature and time controlTime as a public health control (FDA Food Code 3-501.19).

(1) Except as specified under subsection (3) of this section, if time without temperature control is used as the public health control for a working supply of time/temperature control for safety food before cooking, or for ready-to-eat time/temperature control for safety food that is displayed or held for sale or service for immediate consumption:
(a) Written procedures must be prepared in advance, maintained in the establishment and made available to the regulatory authority upon request that specify:
(i) Methods of compliance with subsections (2)(a) through (c) of this section; and
(ii) Methods of compliance with WAC 246-215-03515 for food that is prepared, cooked, and refrigerated before time is used as a public health control.
(2) If time without temperature control is used as the public health control up to a maximum of four hours:
(a) The food must have an internal temperature of 41°F (5°C) or less when removed from cold holding temperature control, or 135°F (57°C) or greater when removed from hot holding temperature control;
(b) The food may have an initial temperature of 70°F (21°C) or less if;
(i) It is a ready-to-eat fruit or vegetable that upon cutting is rendered a time/temperature control for safety food; or
(ii) It is a ready-to-eat hermetically sealed food that upon opening is rendered a time/temperature control for safety food;
(iii) The food temperature does not exceed 70°F (21°C) within a maximum time period of four hours from the time it was rendered a time/temperature control for safety food; and
(iv) The food is marked or otherwise identified to indicate the time that is four hours past the point in time when the food is rendered a time/temperature control for safety food.
(c) The food must be marked or otherwise identified to indicate the time that is four hours past the point in time when the food is removed from temperature control;
(d) The food must be cooked and served, served at any temperature if ready-to-eat or discarded, within four hours from the point in time when the food is removed from temperature control; and
(e) The food in unmarked containers or packages, or marked to exceed a four-hour limit, must be discarded.
(3) A food establishment that serves a highly susceptible population may not use time as specified under subsections (1) and (2) of this section as the public health control for raw eggs.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03530, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03530, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03535

Specialized processing methods—Variance requirement (2009 FDA Food Code 3-502.11).

A foodestablishment shall obtain a variance from the regulatory authority as specified under WAC 246-215-08110 and 246-215-08115 before:
(1) Smoking food as a method of food preservation rather than as a method of flavor enhancement;
(2) Curing food;
(3) Using foodadditives or adding components such as vinegar:
(a) As a method of food preservation rather than as a method of flavor enhancement; or
(b) To render a food so that it is not potentially hazardousfood;
(4) Packaging food using a reduced oxygen packaging method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified under WAC 246-215-03540;
(5) Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;
(6) Custom processing animals that are for personal use as food and not for sale or service in a foodestablishment;
(7) Preparing food by another method that is determined by the regulatory authority to require a variance; or
(8) Sprouting seeds or beans.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03535, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03535

Specialized processing methodsVariance requirement (FDA Food Code 3-502.11).

A food establishment shall obtain a variance from the regulatory authority as specified under WAC 246-215-08110 and 246-215-08115 before:
(1) Smoking food as a method of food preservation rather than as a method of flavor enhancement;
(2) Curing food;
(3) Using food additives or adding components such as vinegar:
(a) As a method of food preservation rather than as a method of flavor enhancement; or
(b) To render a food so that it is not time/temperature control for safety food;
(4) Packaging time/temperature control for safety food using a reduced oxygen packaging method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified under WAC 246-215-03540;
(5) Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;
(6) Custom processing animals that are for personal use as food and not for sale or service in a foodestablishment;
(7) Preparing food by another method that is determined by the regulatory authority to require a variance; or
(8) Sprouting seeds or beans.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03535, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03535, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03540

Specialized processing methods—Reduced oxygen packaging without a variance, criteria (2009 FDA Food Code 3-502.12).

(1) Except for a foodestablishment that obtains a variance as specified under WAC 246-215-03535, a foodestablishment that packages potentially hazardousfood using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes.
(2) A foodestablishment that packages potentially hazardousfood using a reduced oxygen packaging method shall have a HACCP plan that contains the information specified under WAC 246-215-08215(4) and that:
(a) Identifies the food to be packaged;
(b) Except as specified under subsections (3) through (5) of this section, requires that the packagedfood must be maintained at 41°F (5°C) or less and meet at least one of the following requirements:
(i) Has an Aw of 0.91 or less;
(ii) Has a pH of 4.6 or less;
(iii) Is a meat or poultry product cured at a foodprocessing plant regulated by the USDA using substances specified in 9 C.F.R. 424.21, Use of Food Ingredients and Sources of Radiation, and is received in an intact package; or
(iv) Is a food with a high level of competing organisms such as raw meat, raw poultry, or raw vegetables;
(c) Describes how the package must be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:
(i) Maintain the food at 41°F (5°C) or below; and
(ii) Discard the food if within fourteen calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;
(d) Limits the refrigerated shelf life to no more than fourteen calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer's "sell by" or "use by" date, whichever occurs first:
(e) Includes operational procedures that:
(i) Prohibit contacting ready-to-eatfood with bare hands as specified under WAC 246-215-03300(2);
(ii) Identify a designated work area and the method by which:
(A) Physical barriers or methods of separation of raw foods and ready-to-eatfoods minimize cross contamination; and
(B) Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation; and
(iii) Delineate cleaning and sanitization procedures for food-contact surfaces; and
(f) Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:
(i) Concepts required for a safe operation;
(ii) equipment and facilities; and
(iii) Procedures specified under (e) of this subsection and WAC 246-215-08215(4).
(3) Except for fish that is frozen before, during, and after packaging, a foodestablishment may not packagefish using a reduced oxygen packaging method.
(4) Except as specified under subsection (3) of this section, a foodestablishment that packagesfood using a cook-chill or sous vide process shall:
(a) Implement a HACCP plan that contains the information as specified under WAC 246-215-08215(4);
(b) Ensure the food is:
(i) Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer;
(ii) Cooked to heat all parts of the food to a temperature and for a time as specified under WAC 246-215-03400;
(iii) Protected from contamination before and after cooking as specified under Part 3, Subpart C and D;
(iv) Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below 135°F (57°C);
(v) Cooled to 41°F (5°C) in the sealed package or bag as specified under WAC 246-215-03515 and subsequently:
(A) Cooled to 34°F (1°C) within forty-eight hours of reaching 41°F (5°C) and held at that temperature until consumed or discarded within thirty days after the date of packaging;
(B) Cooled to 34°F (1°C) within forty-eight hours of reaching 41°F (5°C), removed from refrigeration equipment that maintains a 34°F (1°C) food temperature and then held at 41°F (5°C) or less for no more than seventy-two hours, at which time the food must be consumed or discarded;
(C) Cooled to 38°F (3°C) or less within twenty-four hours of reaching 41°F (5°C) and held there for no more than seventy-two hours from packaging, at which time the food must be consumed or discarded;
(D) Held frozen with no shelf life restriction while frozen until consumed or used.
(vi) Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily;
(vii) If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation; and
(viii) Labeled with the product name and the date packaged; and
(c) Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP plan and:
(i) Make such records available to the regulatory authority upon request; and
(ii) Hold such records for at least six months after the last date the product was sold or served.
(d) Implement written operational procedures as specified under subsection (2)(e) of this section and a training program as specified under subsection (2)(f) of this section.
(5) A foodestablishment that packages cheese using a reduced oxygen packaging method shall:
(a) Limit the cheeses packaged to those that are commercially manufactured in a foodprocessing plant with no ingredients added in the foodestablishment and that meet the Standards of Identity as specified in 21 C.F.R. 133.150 Hard cheeses, 21 C.F.R. 133.169 Pasteurized process cheese or 21 C.F.R. 133.187 Semisoft cheeses;
(b) Have a HACCP plan that contains the information specified under WAC 246-215-08215(4) and as specified under subsection (2)(a), (c)(i), (e), and (f) of this section;
(c) Labels the package on the principal display panel with a "use by" date that does not exceed thirty days from its packaging or the original manufacturer's "sell by" or "use by" date, whichever comes first; and
(d) Discards the reduced oxygen packaged cheese if it is not sold for off-premises consumption or consumed within thirty calendar days of its packaging.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03540, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03540

Specialized processing methodsReduced oxygen packaging without a variance, criteria (FDA Food Code 3-502.12).

(1) Except for a foodestablishment that obtains a variance as specified under WAC 246-215-03535, a food establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes.
(2) Except as specified under subsection (6) of this section, a food establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall have a haccp plan that contains the information specified under WAC 246-215-08215 (3) and (4) and that:
(a) Identifies the food to be packaged;
(b) Except as specified under subsections (3) through (5) of this section, requires that the packagedfood must be maintained at 41°F (5°C) or less and meet at least one of the following requirements:
(i) Has an Aw of 0.91 or less;
(ii) Has a pH of 4.6 or less;
(iii) Is a meat or poultry product cured at a foodprocessing plant regulated by the usda using substances specified in 9 C.F.R. 424.21, Use of Food Ingredients and Sources of Radiation, and is received in an intact package; or
(iv) Is a food with a high level of competing organisms such as raw meat, raw poultry, or raw vegetables;
(c) Describes how the package must be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:
(i) Maintain the food at 41°F (5°C) or below; and
(ii) Discard the food if within thirty calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;
(d) Limits the refrigerated shelf life to no more than thirty calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer's "sell by" or "use by" date, whichever occurs first:
(e) Includes operational procedures that:
(i) Prohibit contacting ready-to-eat food with bare hands as specified under WAC 246-215-03300(2);
(ii) Identify a designated work area and the method by which:
(A) Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination; and
(B) Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation; and
(iii) Delineate cleaning and sanitization procedures for food-contact surfaces; and
(f) Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:
(i) Concepts required for a safe operation;
(ii) equipment and facilities;
(iii) Procedures specified under (e) of this subsection and WAC 246-215-08215 (3) and (4); and
(g) Is provided to the regulatory authority prior to implementation as specified under WAC 246-215-08210(2).
(3) Except for fish that is frozen before, during, and after packaging, a food establishment may not package fish using a reduced oxygen packaging method.
(4) Except as specified under subsections (3) and (6) of this section, a food establishment that packages food using a cook-chill or sous vide process shall:
(a) Provide to the regulatory authority prior to implementation a haccp plan that contains the information as specified under WAC 246-215-08215 (3) and (4);
(b) Ensure the food is:
(i) Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer;
(ii) Cooked to heat all parts of the food to a temperature and for a time as specified under WAC 246-215-03400 (1) through (3);
(iii) Protected from contamination before and after cooking as specified under Part 3, Subparts C and D of this chapter;
(iv) Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below 135°F (57°C);
(v) Cooled to 41°F (5°C) in the sealed package or bag as specified under WAC 246-215-03515 and:
(A) Cooled to 34°F (1°C) within forty-eight hours of reaching 41°F (5°C) and held at that temperature until consumed or discarded within thirty days after the date of packaging;
(B) Held at 41°F (5°C) or less for no more than seven days, at which time the food must be consumed or discarded; or
(C) Held frozen with no shelf life restriction while frozen until consumed or used.
(vi) Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily;
(vii) If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation; and
(viii) Labeled with the product name and the date packaged; and
(c) Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the haccp plan and:
(i) Make such records available to the regulatory authority upon request; and
(ii) Hold such records for at least six months after the last date the product was sold or served.
(d) Implement written operational procedures as specified under subsection (2)(e) of this section and a training program as specified under subsection (2)(f) of this section.
(5) Except as specified under subsection (6) of this section, a food establishment that packages cheese using a reduced oxygen packaging method must:
(a) Limit the cheeses packaged to those that are commercially manufactured in a food processing plant with no ingredients added in the food establishment and that meet the Standards of Identity as specified in 21 C.F.R. 133.150 Hard Cheeses, 21 C.F.R. 133.169 Pasteurized Process Cheese or 21 C.F.R. 133.187 Semisoft Cheeses;
(b) Have a haccp plan that contains the information specified under WAC 246-215-08215 (3) and (4) and as specified under subsection (2)(a), (c)(i), (e), and (f) of this section;
(c) Labels the package on the principal display panel with a "use by" date that does not exceed thirty days from its packaging or the original manufacturer's "sell by" or "use by" date, whichever comes first; and
(d) Discards the reduced oxygen packaged cheese if it is not sold for off-premises consumption or consumed within thirty calendar days of its packaging.
(6) A haccp plan is not required when a food establishment uses a reduced oxygen packaging method to package raw or ready-to-eat time/temperature control for safety food that is always:
(a) Labeled with the production time and date;
(b) Held at 41°F (5°C) or less during refrigerated storage; and
(c) Removed from its package in the food establishment within forty-eight hours after packaging.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03540, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03540, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03600

Accurate representation—Standards of identity (2009 FDA Food Code 3-601.11).

packagedfood must comply with standard of identity requirements in 21 C.F.R. 131-169 and 9 C.F.R. 319 Definitions and Standards of Identity or Composition, and the general requirements in 21 C.F.R. 130 - Food Standards: General and 9 C.F.R. 319 Subpart A - General.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03600, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03600

Accurate representationStandards of identity (FDA Food Code 3-601.11).

packaged food must comply with standard of identity requirements in 21 C.F.R. 131-169 and 9 C.F.R. 319 Definitions and Standards of Identity or Composition, and the general requirements in 21 C.F.R. 130 - Food Standards: General and 9 C.F.R. 319 Subpart A - General.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03600, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03600, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03605

Accurate representation—Honestly presented (2009 FDA Food Code 3-601.12).

(1) food must be offered for human consumption in a way that does not mislead or misinform the consumer.
(2) food additives or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03605, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03605

Accurate representationHonestly presented (FDA Food Code 3-601.12).

(1) food must be offered for human consumption in a way that does not mislead or misinform the consumer.
(2) food additives or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03605, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03605, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03610

Labeling—Food labels (2009 FDA Food Code 3-602.11).

(1) foodpackaged in a foodestablishment must be labeled as specified in law, including chapter 69.04 RCW; 21 C.F.R. 101 - Food Labeling; and 9 C.F.R. 317 - Labeling, Marking Devices, and Containers.
(2) Label information must include:
(a) The common name of the food, or absent a common name, and adequately descriptive identity statement;
(b) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;
(c) An accurate declaration of the quantity of contents;
(d) The name and place of business of the manufacturer, packer, or distributor;
(e) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or unusual name of the respective ingredient;
(f) Except as exempted in the Federal Food, Drug, and Cosmetic Act Section 403(Q)(3) through (5), nutrition labeling as specified in 21 C.F.R. 101 - Food Labeling and 9 C.F.R. 317 Subpart B Nutrition Labeling; and
(g) For any salmonid fish containing canthaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin.
(3) Bulk food that is available for consumer self-dispensing must be prominently labeled with the following information in plain view of the consumer:
(a) The manufacturer's or processor's label that was provided with the food; or
(b) A card, sign, or other method of notification that includes the information specified under subsection (2)(a), (b), and (e) of this section.
(4) Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:
(a) A health, nutrient content, or other claim is not made;
(b) There are no state or local laws requiring labeling; and
(c) The food is manufactured or prepared on the premises of the foodestablishment or at another foodestablishment or a foodprocessing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.
(5) Whenever unpasteurized milk and foods containing unpasteurized milk are offered for sale at a foodestablishment, except hard or semi-soft raw milk cheeses properly fermented and aged for a minimum of sixty days in compliance with 21 C.F.R. Part 133, the permit holder and person in charge shall ensure that:
(a) The product is conspicuously labeled "raw milk" or "contains raw milk"; and
(b) A sign is posted in a conspicuous manner near the product stating: "Warning: Raw milk or foods prepared from raw milk may be contaminated with dangerous bacteria capable of causing severe illness. Contact your local health agency for advice or to report a suspected illness."
(6) The permit holder and person in charge shall ensure that required information contained on food labels is in the English language, except that duplicate labeling in other languages is allowed.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03610, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03610

LabelingFood labels (FDA Food Code 3-602.11).

(1) food packaged in a food establishment must be labeled as specified in law, including chapters 69.04 and 15.130 RCW; 21 C.F.R. 101 - Food Labeling; and 9 C.F.R. 317 - Labeling, Marking Devices, and Containers.
(2) Label information must include:
(a) The common name of the food or, absent a common name, an adequately descriptive identity statement;
(b) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;
(c) An accurate declaration of the quantity of contents;
(d) The name and place of business of the manufacturer, packer, or distributor;
(e) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or unusual name of the respective ingredient;
(f) Except as exempted in the Federal Food, Drug, and Cosmetic Act Section 403 (q)(3) through (5), nutrition labeling as specified in 21 C.F.R. 101 - Food Labeling and 9 C.F.R. 317 Subpart B Nutrition Labeling; and
(g) For any salmonid fish containing canthaxanthin or astaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin or astaxanthin.
(3) Bulk food that is available for consumer self-dispensing must be prominently labeled with the following information in plain view of the consumer:
(a) The manufacturer's or processor's label that was provided with the food; or
(b) A card, sign, or other method of notification that includes the information specified under subsection (2)(a), (b), and (f) of this section.
(4) Bulk unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:
(a) A health, nutrient content, or other claim is not made;
(b) There are no state or local laws requiring labeling; and
(c) The food is manufactured or prepared on the premises of the food establishment or at another food establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.
(5) Whenever unpasteurized milk and foods containing unpasteurized milk are offered for sale at a food establishment, except hard or semi-soft raw milk cheeses properly fermented and aged for a minimum of sixty days in compliance with 21 C.F.R. Part 133, the permit holder and person in charge shall ensure that:
(a) The product is conspicuously labeled "raw milk" or "contains raw milk"; and
(b) A sign is posted in a conspicuous manner near the product stating: "Warning: Raw milk or foods prepared from raw milk may be contaminated with dangerous bacteria capable of causing severe illness. Contact your local health agency for advice or to report a suspected illness."
(6) The permit holder and person in charge shall ensure that required information contained on food labels is in the English language, except that duplicate labeling in other languages is allowed.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03610, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03610, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03615

Labeling—Other forms of information (2009 FDA Food Code 3-602.12).

(1) If required by law, consumer warnings must be provided.
(2) foodestablishment or manufacturers' dating information on foods may not be concealed or altered.
[Statutory Authority: RCW 43.20.050, 43.20.145, 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03615, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03615

LabelingOther forms of information (FDA Food Code 3-602.12).

(1) If required by law, consumer warnings must be provided.
(2) food establishment or manufacturers' dating information on foods may not be concealed or altered.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03615, filed 12/15/20, effective 3/1/22. Statutory Authority: RCW 43.20.050, 43.20.145, 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03615, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03620

Consumer advisory—Consumption of animal foods that are raw, undercooked, or not otherwise processed to eliminate pathogens (2009 FDA Food Code 3-603.11).

(1) Except as specified under WAC 246-215-03400 (3) and (4)(d) and 246-215-03800(3) if an animal food such as beef, eggs, fish, lamb, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in a ready-to-eat form or as an ingredient in another ready-to-eatfood, the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in subsections (2) and (3) of this section using brochures, deli case menu advisories, label statements, table tents, placards, or other effective written means.
(2) disclosure must include:
(a) A description of the animal-derived foods such as "oysters on the half shell (raw oysters)," "raw egg Caesar salad," and "hamburgers (can be cooked to order)"; or
(b) Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked and contain (or might contain) raw or undercooked ingredients.
(3) reminder must include asterisking the animal-derived foods requiring disclosure to a footnote that states:
(a) "Regarding the safety of these items, written information is available upon request;"
(b) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs might increase your risk of foodborne illness;" or
(c) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs might increase your risk of foodborne illness, especially if you have certain medical conditions."
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03620, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03620

Consumer advisoryConsumption of animal foods that are raw, undercooked, or not otherwise processed to eliminate pathogens (FDA Food Code 3-603.11).

(1) Except as specified under WAC 246-215-03400 (3) and (4)(d) and 246-215-03800(3) if an animal food such as beef, eggs, fish, lamb, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in a ready-to-eat form or as an ingredient in another ready-to-eat food, the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in subsections (2) and (3) of this section using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
(2) disclosure must include:
(a) A description of the animal-derived foods such as "oysters on the half shell (raw oysters)," "fresh fish (can be cooked to order)," "raw egg Caesar salad," and "hamburgers (can be cooked to order)"; or
(b) Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked and contain (or might contain) raw or undercooked ingredients.
(3) reminder must include asterisking the animal-derived foods requiring disclosure to a footnote that states:
(a) "Regarding the safety of these items, written information is available upon request";
(b) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs might increase your risk of foodborne illness";
(c) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs might increase your risk of foodborne illness, especially if you have certain medical conditions"; or
(d) "Regarding the safety of consuming fresh partially cooked fish, information is available upon request."
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03620, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03620, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03700

Disposition—Discarding or reconditioning unsafe, adulterated, or contaminated food (2009 FDA Food Code 3-701.11).

(1) A food that is unsafe, adulterated, or not honestly presented as specified under WAC 246-215-03100 must be discarded or reconditioned according to an approved procedure.
(2) food that is not from an approved source as specified under WAC 246-215-03200 through 246-215-03230 must be discarded.
(3) ready-to-eatfood that might have been contaminated by an employee who has been restricted or excluded as specified under WAC 246-215-02220 and 246-215-02225 must be discarded.
(4) food that is contaminated by foodemployees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means must be discarded.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 13-03-109, § 246-215-03700, filed 1/17/13, effective 5/1/13.]
(Effective March 1, 2022.)

PDF246-215-03700

DispositionDiscarding or reconditioning unsafe, adulterated, or contaminated food (FDA Food Code 3-701.11).

(1) A food that is unsafe, adulterated, or not honestly presented as specified under WAC 246-215-03100 must be discarded or reconditioned according to an approved procedure.
(2) food that is not from an approved source as specified under WAC 246-215-03200 through 246-215-03230 must be discarded.
(3) ready-to-eat food that might have been contaminated by an employee who has been restricted or excluded as specified under WAC 246-215-02220 and 246-215-02225 must be discarded.
(4) food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means must be discarded.
[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-03700, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-03700, filed 1/17/13, effective 5/1/13.]



(Effective until March 1, 2022.)

PDF246-215-03705

Disposition—Examination, hold orders, condemnation, and destruction of food.

(1) The permit holder or person in charge of a foodestablishment in which food has been improperly handled, stored, or prepared shall:
(a) Voluntarily destroy the questionable food; or
(b) Contact the regulatory authority to determine if the food is safe for human consumption.
(2) The permit holder or person in charge of a foodestablishment shall denature or destroy any food if the regulatory authority determines the food presents an imminent or actual health hazard.
(3) The regulatory authority may examine or collect samples of food as often as necessary for enforcement of these regulations.
(4) The regulatory authority may, after notice to the permit holder or person in charge, place a written hold order on any suspect food until a determination on its safety can be made and shall:
(a) Tag;
(b) Label; or
(c) Otherwise identify any food subject to the hold order and complete a form approved by the Washington state department of health for all suspect food.
(5) The hold order issued by the regulatory authority must include:
(a) Instructions for filing a written request for a hearing with the regulatory authority within ten calendar days; and
(b) Notification that if a hearing is not requested in accordance with the instructions provided in the hold order, and the regulatory authority does not vacate the hold order, the food must be destroyed under the supervision of a representative of the regulatory authority.
(6) When food is subject to a hold order by the regulatory authority, the permit holder and person in charge are prohibited from:
(a) Using;