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PDFWAC 16-139-005

Definitions.

(1) Definitions:
(a) "Violation" means commission of an act or acts prohibited by chapter 16.49, 19.32, 69.04, 69.07 or 69.10 RCW, including rules adopted under them.
(b) "Prior violation" means the same or a similar violation committed by a person within the previous three years.
(c) "Critical violation" means a violation resulting in food adulteration that could cause injury or illness in consumers or that has the potential to contribute to conditions resulting in such adulteration.
(d) "Significant violation" means a violation resulting in food adulteration or food being prepared under unsanitary conditions not apparently related to a public health danger or that has the potential to contribute to conditions resulting in such adulteration and if not corrected could lead to a critical violation.
(e) "Economic violation" means a violation which affects the purchaser economically, either due to misbranding or adulteration where inferior or substandard quality product is substituted, by hiding defects or by false or misleading labeling.
(f) "Other violation" means a violation of chapter 16.49, 19.32, 69.04, 69.07 or 69.10 RCW, not covered under the penalty schedules in WAC 16-139-020 or 16-139-030, including, but not limited to, violation of embargo, mutilation of embargo notices, sale of food from an unlicensed processor, operating without a required license, refusal of inspection or access, interference with the director or the director's designee, or economic and labeling violations.
(g) "Same," with respect to violations, means an identical recurrence or an exact repetition of a previous violation, or a continuation of a previous violation.
(h) "Similar," with respect to violations, means related in appearance or nature; alike though not identical.
(i) "Knowingly" means that the alleged violator had previous warning, knew or reasonably should have known that a condition could result in adverse effects or that a violation would occur.
(j) "Potential," with respect to violations, means that a violation may result in food adulteration or a risk to health or that the violation supports conditions that may contribute to food adulteration or a risk to health.
(k) "Probable," with respect to violations, means that a violation is reasonably likely to result in food adulteration or a risk to health.
(2) Additional definitions for terms used in this chapter are found in the following provisions of law:
(a) Washington Food, Drug and Cosmetic Act, chapter 69.04 RCW.
(b) Washington Food Processing Act, chapter 69.07 RCW.
(c) Current Good Manufacturing Practice in Manufacturing, Packing or Holding Human Food, Title 21, Code of Federal Regulations, Chapter 1, Subchapter B, Part 110.
(d) Food storage warehouses, chapter 69.10 RCW.
(e) Custom Slaughter Act, chapter 16.49 RCW.
[Statutory Authority: RCW 16.49.680, 19.32.030, 69.04.730, 69.07.020 and 69.10.055. WSR 98-02-023, ยง 16-139-005, filed 12/31/97, effective 1/31/98.]
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