Washington Administrative Code

Any information provided to the department under this chapter that the registrant desires to claim as exempt from disclosure under the provisions of chapter 42.56 RCW, the Public Records Act, or as a trade secret under chapter 19.108 RCW, the Uniform Trade Secrets Act, or other s…

(1) By applying for registration on the brand name materials list, the registrant expressly grants to jurisdiction of the state of Washington in all matters related to the registration.(2) By applying for registration on the brand name materials list, the registrant expressly gra…

(1) Registrants must maintain records sufficient to verify that the materials are approved for use in organic production, processing, or handling and comply with the USDA organic regulations (7 C.F.R. Part 205). These records may include:(a) Records pertaining to incoming raw mat…

To receive or maintain registration, businesses must submit an application packet and fees to the department each year.(1) New application fee: A new application fee is due with each annual application for registration.(a) A new application fee includes a company fee which is ass…

(1) A person whose material is registered under this chapter may use the words "approved material under Washington state department of agriculture organic food program" and may use the logo specified in this section in the labeling of the material.The logos found in this section …

(1) Registrations with the department's organic program, and applications for registration, are governed by chapter 34.05 RCW. The director may deny, suspend, cancel, or revoke a registration with the department, in part or in full, if the director determines that a registrant ha…

The purpose of the following rules is to:(1) Establish an inspection criteria and a rating system that will be used to determine whether food processing establishments which process, handle or store food in intrastate commerce, are in compliance with chapters 16.49, 69.07, 69.10,…

To qualify for a new food processing plant license issued under chapter 69.07 RCW, the Washington Food Processing Act, a food processing facility must first make application to the department. After the department receives a complete application, the department will inspect the f…

WAC 16-165-120(1) Definitions for terms used in this chapter may be found in chapters 69.07, 69.10, and 15.130 RCW, and Title 21 C.F.R. as adopted, unless otherwise provided in this chapter.(2) For the purposes of this chapter, the following definitions apply:(a) "Adequate" means…

WAC 16-165-130WSDA will use the definitions and interpretations in this section to determine if a food establishment inspection complies with the inspection criteria.(1) "Clean and adequate protective clothing and hair restraints" means the clothing or the outside layer of clothi…

The food inspection criteria shall be in accordance with the following table for determining:(1) If a food establishment is in compliance with chapters 16.49, 69.07, 69.10, and 15.130 RCW, and rules adopted thereunder;(2) The debit value for each significant violation; and(3) Whe…

(1) A food establishment is rated as follows at the completion of an inspection conducted by the department:(a) A food establishment will be debited the point value assigned to the inspection item listed in WAC 16-165-140 for each violation found during an inspection.(b) The sum …

(1) The department may issue a notice of correction for:(a) Food establishments that score less than ninety points on an inspection; or(b) Critical violations found during an inspection of a food establishment.(2) The department may review and consider initiating enforcement acti…

(1) Consistent with the concept of uniformity where possible with the federal regulations adopted under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq., this chapter adopts the version of the referenced federal rule current at the time this rule becomes effective.(…

The following federal regulations are adopted as Washington tolerances for pesticide chemicals: 40 C.F.R. Chapter I Part 180 - Tolerances and Exemptions for Pesticide Chemical Residues in Food.(1) Subpart A - Definitions and Interpretative Regulations.(2) Subpart C - Specific Tol…

The following federal regulations prescribing the conditions under which such food additives may safely be used are adopted as Washington food additive regulations. 21 C.F.R. Chapter I.(1) Part 170 - Food Additives.(2) Part 172 - Food Additives Permitted for Direct Addition to Fo…

The following federal regulations prescribing the use or limited use of such color additives are adopted as Washington color additive regulations. 21 C.F.R. Chapter I.(1) Part 70 - Color Additives.(2) Part 73 - Listing of Color Additives Exempt From Certification.(3) Part 74 - Li…

The following provisions of 21 C.F.R. Chapter I are adopted as Washington requirements for regulating food in intrastate commerce.(1) The following parts in Subchapter A - General.(a) Part 1 - General Enforcement Regulations.(i) Subpart A General Provisions.(ii) Subpart B General…

(1) Electronic access to Titles 21 and 40 C.F.R. is available at https://www.gpo.gov/fdsys/search/home.action. Print copies of the titles can be purchased from the U.S. Government Bookstore online at https://bookstore.gpo.gov/catalog/laws-regulations/code-federal-regulations-cfrs…

The purpose of this chapter is to establish minimum qualifications, application approval procedures, list maintenance and reporting requirements for independent sanitation consultants.[Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-16…

The department is given authority under RCW 69.10.055 for adopting these rules.[Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-168-020, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.10.055. WSR 98-03-089, § 16-168-020, f…

The definitions for terms used in this chapter may be found in chapters 69.10 and 15.130 RCW and WAC 16-167-050(2). For the purposes of this chapter, the term "we" means department as defined in chapter 69.10 RCW.[Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.4…

The minimum qualifications for an independent sanitation consultant are:Education and experience:(1) A bachelor's degree in biology, chemistry, microbiology, food science, dairy science or a related natural science plus three years experience inspecting food storage warehouses or…

The steps in applying for approval as an independent sanitation consultant are:(1) Obtain an application from the department.(2) Complete the application, listing your qualifications.(3) Each applicant must sign the application and have their signature notarized.(4) Return the ap…

(1) On approval of an application for independent sanitation consultant, the department will send an identification card and place the name of the independent sanitation consultant on a list of approved independent sanitation consultants that is available on request from the depa…

The department will maintain a list of approved independent sanitation consultants. The names of approved independent sanitation consultants will stay on the list as long as they continue to indicate that they wish to remain on the list. The department will mail out information r…

The department may withdraw or deny approval of independent sanitation consultants or applicants under the following circumstances:(1) For failing to meet the minimum qualifications in WAC 16-168-050.(2) For knowingly making false or inaccurate statements regarding qualifications…

Applicants and approved independent sanitation consultants have the right to appeal denial of approval or withdrawal of approval as an independent sanitation consultant under provisions of chapter 34.05 RCW, the Administrative Procedure Act and chapter 16-08 WAC, the department's…

Independent sanitation consultants can meet reporting requirements by using a standard food storage warehouse inspection form provided by the department or by using their own form if it covers and indicates visual inspection of at least the following points:storage conditions1.Ar…

The purpose of this chapter is to implement chapter 69.07 RCW by establishing rules relating to the:(1) Issuance of special permits regulating the slaughter, preparation and sale of one thousand or fewer whole raw poultry in a calendar year by the agricultural producer when the p…

(1) In addition to the definitions contained in this section, definitions found in chapters 69.07 and 15.130 RCW, chapter 246-215 WAC and Title 21 C.F.R. may apply.(2) For the purposes of this chapter, the following definitions apply:"Adequate" means that which is needed to accom…

An agricultural producer of poultry who slaughters and prepares one thousand or fewer poultry in a calendar year and sells the poultry as whole raw poultry from their farm to the ultimate consumer, must obtain a special permit before slaughter of the poultry.[Statutory Authority:…

(1) An application for a special permit may be obtained by:Writing to:Washington State Department of AgricultureFood Safety ProgramP.O. Box 42560Olympia, WA 98504-2560; orCalling 360-902-1876; orFaxing to 360-902-2087; orAccessing website http://agr.wa.gov.(2) The department must…

A two-year special permit holder must submit to the department the following information at least six weeks prior to slaughtering poultry during the second year of the permit:(1) The proposed second year days or dates of slaughter; and(2) If the site utilized a well, spring or ot…

(1) The site diagram must clearly show the location of all poultry slaughter and preparation equipment, contact work surfaces, chilling equipment, equipment washing and sanitizing sinks or tubs, handwashing areas, rinse water and offal collection areas and poultry rearing areas.(…

(1) If there is a significant change in the conditions under which the two-year special permit is issued, you must reapply for a special permit under WAC 16-170-035. Significant change under this section means a substantial change in the information previously submitted to the de…

The department must be notified at least one week in advance if slaughter of poultry regulated by this chapter is planned on dates other than those previously reported to the department. The department may be notified by mail, email, fax, or by telephone followed by a written con…

The special permit issued under this chapter provides for the slaughter of a total of one thousand or fewer whole raw poultry to the ultimate consumer. Agricultural producers who slaughter more than one thousand poultry in a calendar year must comply with the requirements of chap…

At a minimum, the poultry slaughter/preparation site must:(1) Be constructed or assembled to minimize insects, pests, birds, dust, mud and overhead contamination;(2) Include adequate lighting to illuminate the areas where poultry are slaughtered, prepared and sold;(3) Have an ade…

All equipment used to slaughter, prepare and sell poultry must be readily cleanable and in good repair.[Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, § 16-170-075, filed 8/6/20, effective 9/6/20. Statutory Authority: RCW 69.07.103, chapte…

If the mobile processing unit (MPU) is a self-contained processing unit that meets all of the conditions designed for the sanitary processing of poultry under this chapter, a MPU may be used.[Statutory Authority: RCW 15.30.120, 69.07.020, 69.10.055, and 16.49.025. WSR 20-17-020, …

(1) Only authorized persons may be present in the poultry slaughter site while the slaughter-preparation process is taking place. Unauthorized persons must be kept out of the site.(2) Any authorized person infected with a communicable disease, has open sores or infected cuts on h…

Anyone slaughtering, preparing and selling poultry covered by this chapter must:(1) Wear clean and adequate clothing."Clean and adequate" means that the clothing must be:(a) Clean at the start of the slaughter-preparation-sale process; and(b) Changed when the clothing becomes soi…

All personal garments and belongings must be stored separately and apart from the poultry slaughter site to ensure that they do not become a source of contamination to the raw whole poultry, slaughter and preparation work surfaces and equipment, and the bags used to transport pou…

(1) Commercially purchased detergents, sanitizers and other materials related to the process may be stored in the poultry slaughter site if they are properly labeled with:(a) Product name;(b) Chemical description;(c) Directions for use;(d) Any required precautionary and warning s…

(1) Anyone involved in the poultry slaughter process must adequately wash their hands:(a) Before the poultry slaughtering process begins;(b) Between the slaughtering and preparation steps in the process;(c) Between the poultry preparation and sale steps in the process;(d) After e…

(1) Anyone involved in the poultry slaughter process must have access to at least one handwashing station equipped with warm running water, hand soap, and paper towels.(2) Handwashing stations must be conveniently located in the poultry slaughter site and near toilet facilities.(…