Chapter 246-215 Food service.

(1) Only those poisonous or toxic materials that are required for the operation and maintenance of a food establishment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, may be allowed in a food establishment.(2) Subsection…

poisonous or toxic materials must be:(1) Used according to:(a) law and this chapter;(b) Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in a food establishment;(c) The conditions of certifi…

A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food.[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-07215, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-07215, filed 1/17/…

Chemical sanitizers, including chemical sanitizing solutions generated on-site, and other chemical antimicrobials applied to food-contact surfaces must:(1) Meet the requirements specified in 40 C.F.R. 180.940 Tolerance Exemptions for Active and Inert Ingredients for Use in Antimi…

Chemicals, including those generated on-site, used to wash or peel raw, whole fruits and vegetables or used in the treatment, storage, and processing of fruits and vegetables must:(1) Be an approved food additive listed for this intended use in 21 C.F.R. 173 - Secondary Direct Fo…

Chemicals used as boiler water additives must meet the requirements specified in 21 C.F.R. 173.310 Boiler Water Additives.[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-07230, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-07230, filed 1/1…

Drying agents used in conjunction with sanitization must:(1) Contain only components that are listed as one of the following:(a) Generally recognized as safe (GRAS) for use in food as specified in 21 C.F.R. 182 - Substances Generally Recognized as Safe, or 21 C.F.R. 184 - Direct …

Lubricants must meet the requirements specified in 21 C.F.R. 178.3570 - Lubricants with Incidental Food Contact, if they are used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubrican…

restricted use pesticides specified under WAC 246-215-07210(3) must meet the requirements specified in 40 C.F.R. 152 Subpart I - Classification of Pesticides.[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-07245, filed 12/15/20, effective 3/1/22; WSR 1…

Rodent bait must be contained in a covered, tamper-resistant bait station.[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-07250, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-07250, filed 1/17/13, effective 5/1/13.]

(1) Except as specified in subsection (2) of this section, a tracking powder pesticide may not be used in a food establishment.(2) If used, a nontoxic tracking powder such as talcum or flour may not contaminate food, equipment, utensils, linens, and single-service and single-use …

(1) Except for medicines that are stored or displayed for retail sale, only those medicines that are necessary for the health of employees may be allowed in a food establishment.(2) Medicines that are in a food establishment for the employees' use must be labeled as specified und…

Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator must be:(1) Stored in a package or container and kept inside a covered, leakproof container that is identified as a container for the storage of m…

First-aid supplies that are in a food establishment for the employees' use must be:(1) Labeled as specified under WAC 246-215-07100; and(2) Stored in a kit or a container that is located to prevent the contamination of food, equipment, utensils, and linens, and single-service and…

Except as specified under WAC 246-215-07265 and 246-215-07270, employees shall store their personal care items in facilities as specified under WAC 246-215-06350(2).[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-07275, filed 12/15/20, effective 3/1/22…

poisonous or toxic materials must be stored and displayed for retail sale so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:(1) Separating the poisonous or toxic materials by spacing or partitioning; and(2) Locating the po…

(1) The regulatory authority shall apply this chapter to promote its underlying purpose, as specified under WAC 246-215-01105, of safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when offered to the consumer.(2) In enforcing the pro…

(1) If necessary to protect against public health hazards or nuisances, the regulatory authority may impose specific requirements in addition to the requirements contained in this chapter that are authorized by law.(2) The regulatory authority shall document the conditions that n…

The regulatory authority may grant a variance by modifying or waiving the requirements of this chapter if in the opinion of the regulatory authority a health hazard or nuisance will not result from the variance. If a variance is granted, the regulatory authority shall retain the …

Before a variance from a requirement of this chapter is approved, the information that must be provided by the person requesting the variance and retained in the regulatory authority's file on the food establishment includes:(1) A statement of the proposed variance of this chapte…

If the regulatory authority grants a variance as specified under WAC 246-215-08110, or a haccp plan is otherwise required as specified under WAC 246-215-08210, the permit holder shall:(1) Maintain the approved variance at the food establishment; and(2) Comply with the haccp plans…

A permit applicant or permit holder shall submit to the regulatory authority properly prepared plans and specifications for review and approval before:(1) The construction of a food establishment;(2) The conversion of an existing structure for use as a food establishment; or(3) T…

The plans and specifications for a food establishment, including a food establishment specified under WAC 246-215-08210, must include, as required by the regulatory authority based on the type of operation, type of food preparation, and foods prepared, the following information t…

(1) Before engaging in an activity that requires a haccp plan, a permit applicant or permit holder shall submit to the regulatory authority for approval a properly prepared haccp plan as specified under WAC 246-215-08215 and the relevant provisions of this chapter if:(a) Submissi…

For a food establishment required under WAC 246-215-08210 to have a haccp plan, the permit applicant or permit holder shall submit to the regulatory authority a properly prepared HACCP PLAN that includes:(1) General information such as the name of the permit applicant or permit h…

The regulatory authority shall treat as confidential in accordance with law, information that meets the requirements specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified under WAC 246-215-08205 …

The regulatory authority shall conduct one or more preoperational inspections to verify that the food establishment is constructed and equipped in accordance with the approved plans and approved modifications of those plans, has established standard operating procedures as specif…

A person may not operate a food establishment without a valid permit to operate issued by the regulatory authority.[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-08300, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-08300, filed 1/17/13, e…

(1) The regulatory authority may exempt a person from the provisions of WAC 246-215-08600(1) and 246-215-08300 of this chapter in order to operate without a food establishment permit, if the person meets the other provisions of this chapter, including not using any food prepared …

An applicant shall submit an application for a permit at least thirty calendar days before the date planned for opening a food establishment or the expiration of the current permit for an existing facility.[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-21…

A person desiring to operate a food establishment shall submit to the regulatory authority a written application for a permit on a form provided by the regulatory authority.[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-08315, filed 12/15/20, effectiv…

To qualify for a permit, an applicant shall:(1) Be an owner of the food establishment or an officer of the legal ownership;(2) Comply with the requirements of this chapter;(3) As specified under WAC 246-215-08415, agree to allow access to the food establishment and to provide req…

The application must include:(1) The name, birth date or Unified Business Identifier, mailing address, telephone number, and signature of the person applying for the permit and the name, mailing address, and location of the food establishment;(2) Information specifying whether th…

For food establishments that are required to submit plans as specified under WAC 246-215-08200 the regulatory authority shall issue a permit to the applicant after:(1) A properly completed application is submitted;(2) The required fee is submitted;(3) The required plans, specific…

The regulatory authority may renew a permit for an existing food establishment or may issue a permit to a new owner of an existing establishment after a properly completed application is submitted, reviewed and approved, the fees are paid, and an inspection shows that the establi…

If an application for a permit to operate is denied, the regulatory authority shall provide the applicant with a notice that includes:(1) The specific reasons and chapter citations for the permit denial;(2) The actions, if any, that the applicant must take to qualify for a permit…

(1) At the time a permit is first issued, the regulatory authority shall provide to the permit holder a copy of this chapter so that the permit holder is notified of the compliance requirements and the conditions of retention, as specified under WAC 246-215-08350, that are applic…

Upon acceptance of the permit issued by the regulatory authority, the permit holder in order to retain the permit shall:(1) Post the permit in a location in the food establishment that is conspicuous to consumers;(2) Comply with the provisions of this chapter including the condit…

A permit may not be transferred from one person to another person, from one food establishment to another, or from one type of operation to another if the food operation changes from the type of operation specified in the application as specified under WAC 246-215-08325(3) and th…

(1) Except as specified in subsections (2) and (3) of this section, the regulatory authority shall inspect a food establishment at least once every six months.(2) The regulatory authority may increase the interval between inspections beyond six months if:(a) The food establishmen…

Within the parameters specified under WAC 246-215-08400, the regulatory authority shall prioritize, and conduct more frequent inspections based upon its assessment of a food establishment's history of compliance with this chapter and the establishment's potential as a vector of f…

(1) An authorized representative of the regulatory authority who inspects a food establishment or conducts plan review for compliance with this chapter shall have the knowledge, skills, and ability to adequately perform the required duties.(2) The regulatory authority shall ensur…

After the regulatory authority presents official credentials and provides notice of the purpose of, and intent to conduct, an inspection, the person in charge shall allow the regulatory authority to determine if the food establishment is in compliance with this chapter by allowin…

If a person denies access to the regulatory authority, the regulatory authority shall:(1) Inform the person that:(a) The permit holder is required to allow access to the regulatory authority as specified under WAC 246-215-08415 of this chapter; and(b) Access is a condition of the…

If after the regulatory authority presents credentials and provides notice as specified under WAC 246-215-08415, explains the authority upon which access is requested, and makes a final request for access as specified under WAC 246-215-08420, the person in charge continues to ref…

The regulatory authority shall document on an inspection report form approved by the Washington state department of health:(1) Administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation as specified …

The regulatory authority shall specify on the inspection report form the time frame for correction of any violations.[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122, § 246-215-08435, filed 12/15/20, effective 3/1/22; WSR 13-03-109, § 246-215-08435, filed 1/17/13,…

At the conclusion of the inspection and according to law, the regulatory authority shall provide a copy of the completed inspection report and the notice to correct violations to the permit holder or to the person in charge, and request a signed acknowledgment of receipt.[Statuto…

The regulatory authority shall:(1) Inform the person who declines to sign an acknowledgment of receipt of inspectional findings as specified under WAC 246-215-08440 that:(a) An acknowledgment of receipt is not an agreement with the findings;(b) Refusal to sign an acknowledgment o…

Except as specified under WAC 246-215-08220, the regulatory authority shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law.[Statutory Authority: RCW 43.20.050 and 43.20.145. WSR 21-01-122,…