Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-149 - Cottage foods › Section 16-149-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to
				the definitions contained in this section and chapter 69.22 RCW, the
				definitions found in chapters 69.06, 69.07, and 15.130 RCW, chapters 16-165,
				16-167, and 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
				  accomplish the intended purpose in keeping with good public health
				  practices.
"Approved source"
means a food source that is
				  routinely and regularly inspected by a regulatory authority.
"Authorized person"
means a person or persons
				  who work with the cottage food operator in the preparation of cottage food
				  products under this chapter.
"C.F.R."
means the Code of Federal
				  Regulations.
"Consumer"
means a person who is a member of the
				  public, takes possession of food for personal and nonbusiness use; is not
				  functioning as an operator of a food establishment, such as a restaurant, bed
				  and breakfast, or other business operation, or food processing plant; and does
				  not offer the food for resale.
"Cottage food operation"
means a person who
				  produces cottage food products only in the home kitchen of that person's
				  primary domestic residence in Washington and only for sale directly to the
				  consumer.
"Cottage food operation permit"
means a permit
				  to produce and sell cottage food products under chapter 69.22 RCW.
"Cottage food products"
means nonpotentially
				  hazardous baked goods, candies, jams, jellies, preserves, and fruit butters as
				  defined in 21 C.F.R. 150 as it existed on July 22, 2011; and other
				  nonpotentially hazardous foods identified in WAC
				  16-149-120.
"Department"
means the department of
				  agriculture.
"Director"
means the director of the department
				  of agriculture.
"Domestic residence"
means a single-family
				  dwelling or an area within a rental unit where a single person or family
				  actually resides. A domestic residence does not include:
(a) A group or communal residential setting
				within any type of structure; or
(b) An outbuilding, shed, barn, or other
				similar structure.
"Food worker card"
means a food and beverage
				  service worker's permit as required under chapter 69.06 RCW.
"Home kitchen"
means a kitchen primarily
				  intended for use by the residents of a home. It may contain one or more stoves
				  or ovens, which may be a double oven, designed for residential use.
"Labeling"
means written, printed or graphic
				  matter affixed to or used in connection with the sales of a cottage food
				  product and intended to communicate the characteristics of the cottage food
				  product including, but not limited to, the origin, ingredients, quality,
				  quantity, or nutritional benefits of the product.
"Master or base recipe"
means a standard mixture
				  of ingredients from which variations may be created by adding small amounts of
				  differing flavorings, dried fruits, nuts, candies, or the like. For example,
				  variations of master or base muffin recipe may be created by adding walnuts to
				  create a walnut muffin, adding cranberries and orange zest to create orange
				  cranberry muffins, and so on.
"Permitted area"
means the portion of a domestic
				  residence housing a home kitchen where the preparation, packaging, storage, or
				  handling of cottage food products occurs.
"Pet"
means any domesticated animal, regardless
				  of species or number of legs, kept in the domestic residence.
"Potable water"
means water that is in
				  compliance with the Washington state department of health's drinking water
				  quality standards in chapters 246-290 and 246-291 WAC.
"Potentially hazardous food"
means foods
				  requiring temperature control for safety because they are capable of supporting
				  the rapid growth of pathogenic or toxigenic microorganisms, or the growth and
				  toxin production of
Clos-tridium botulinum
.