Chapter 246-215 Food service.

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, § 246-21…

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 m…

(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 r…

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 confor…

(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…

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…

(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 em…

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…

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 fo…

(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 …

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 informat…

(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…

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 246-215-02…

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: RC…

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-prod…

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 food…

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 …

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 …

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 t…

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 s…

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 loc…

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:…

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.]

(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 …

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 an…

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 simil…

(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 …

(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.[Statu…

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,…

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-…

(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 prot…

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 43.2…

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 21-01-1…

(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 t…

(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 …

(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 emplo…

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.]

(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, includin…

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 …

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, ef…

(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…

(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) m…

(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 of…

(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 inspectio…

(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…

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…

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 …

(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 …

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-…

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.]