reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart B - Plan Submission and Approval › Section 246-215-08215 - Facility and operating plans-Contents of a HACCP plan (FDA Food Code 8-201.14)

Current through Register Vol. 24-14, July 15, 2024
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 HOLDER, the FOOD ESTABLISHMENT address, and
					 contact information;
(2) A
					 categorization of the types of TIME/TEMPERATURE CONTROL FOR SAFETY FOODS that
					 are to be controlled under the HACCP PLAN;
(3) A flow diagram or chart for each specific
					 FOOD or category type that identifies:
(a)
					 Each step in the process;
(b) The
					 HAZARDS and controls for each step in the flow diagram or chart;
(c) The steps that are CRITICAL CONTROL
					 POINTS;
(d) The ingredients,
					 materials, and EQUIPMENT used in the preparation of that FOOD; and
(e) Formulations or recipes that delineate
					 methods and procedural control measures that address the FOOD safety concerns
					 involved.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart B - Plan Submission and Approval › Section 246-215-08220 - Trade secrets (FDA Food Code 8-202.10)

Current through Register Vol. 24-14, July 15, 2024
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 and
						246-215-08215.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08220, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart B - Plan Submission and Approval › Section 246-215-08225 - Construction inspection and approval-Preoperational inspections (FDA Food Code 8-203.10)

Current through Register Vol. 24-14, July 15, 2024
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 specified
						under WAC
						246-215-08205(5),
						and is in compliance with the LAW and this chapter.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08225, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08300 - Requirement-Prerequisite for operation (FDA Food Code 8-301.11)

Current through Register Vol. 24-14, July 15, 2024
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. 13-03-109, §
						  246-215-08300, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08305 - Exempt from permit with approval

Current through Register Vol. 24-14, July 15, 2024
(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 in a
					 residential kitchen or other nonAPPROVED facility, and the types of FOOD served
					 are limited to those specified in subsection (4) of this section.
(2) The PERSON requesting a PERMIT exemption
					 under subsection (1) of this section shall submit a written application for an
					 exemption on a form provided by the REGULATORY AUTHORITY at least 14 calendar
					 days before providing FOOD service, or as otherwise required by the REGULATORY
					 AUTHORITY.
(3) The PERSON
					 requesting a PERMIT exemption under subsection (1) of this section shall submit
					 properly prepared plans and specifications of the FOOD service facilities and
					 EQUIPMENT if the REGULATORY AUTHORITY requires it, based on a review of the
					 application for an exemption submitted under subsection (2) of this
					 section.
(4) The PERSON requesting
					 a PERMIT exemption under subsection (1) of this section shall limit FOOD
					 handling to one or more of the following FOODS:
(a) Individual samples of nonTIME/TEMPERATURE
					 CONTROL FOR SAFETY FOOD sliced fruits and vegetables;
(b) Popcorn and flavored popcorn prepared
					 from commercially PACKAGED NON-TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
					 ingredients;
(c) Dried herbs and
					 spices processed in an APPROVED facility;
(d) Crushed ice drinks containing only
					 nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD ingredients and dispensed from a
					 self-contained machine that makes its own ice. Drinks with TIME/TEMPERATURE
					 CONTROL FOR SAFETY FOOD, snow cones, and shaved ice are not included;
(e) Corn on the cob;
(f) Whole roasted peppers;
(g) Roasted nuts, roasted peanuts, and
					 roasted candy-coated nuts;
(h)
					 Chocolate-dipped ice cream bars prepared from prePACKAGED ice cream bars
					 produced in a FOOD PROCESSING PLANT;
(i) Chocolate-dipped bananas prepared from
					 bananas peeled and frozen in an APPROVED facility; and
(j) Cotton candy.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08310 - Application procedure-Submission thirty calendar days before proposed opening (FDA Food Code 8-302.11)

Current through Register Vol. 24-14, July 15, 2024
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. 13-03-109, §
						  246-215-08310, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08315 - Application procedure-Form of submission (FDA Food Code 8-302.12)

Current through Register Vol. 24-14, July 15, 2024
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. 13-03-109, §
						  246-215-08315, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08320 - Application procedure-Qualifications and responsibilities of applicants (FDA Food Code 8-302.13)

Current through Register Vol. 24-14, July 15, 2024
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 required information;
					 and
(4) Pay the applicable PERMIT
					 fees at the time the application is submitted.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08320, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08325 - Application procedure-Contents of the application (FDA Food Code 8-302.14)

Current through Register Vol. 24-14, July 15, 2024
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 the FOOD ESTABLISHMENT is owned by an association,
					 corporation, individual, partnership, or other legal entity;
(3) A statement specifying whether the FOOD
					 ESTABLISHMENT:
(a) Is mobile or stationary and
					 temporary or permanent; and
(b) Is
					 an operation that includes one or more of the following:
(i) Prepares, offers for sale, or serves
					 TIME/TEMPERATURE CONTROL FOR SAFETY FOOD:
(A)
					 Only to order upon a CONSUMER'S request;
(B) In advance quantities based on projected
					 CONSUMER demand and discards FOOD that is not sold or served at an APPROVED
					 frequency; or
(C) Using time as a
					 public health control under WAC
					 246-215-03530;
(ii) Prepares TIME/TEMPERATURE CONTROL FOR
					 SAFETY FOOD in advance using a FOOD preparation method that involves two or
					 more steps which may include combining TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
					 ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or
					 thawing;
(iii) Prepares FOOD as
					 specified under (b)(ii) of this subsection for delivery to and consumption at a
					 location off the PREMISES of the FOOD ESTABLISHMENT where it is
					 prepared;
(iv) Prepares FOOD as
					 specified under (b)(ii) of this subsection for service to a HIGHLY SUSCEPTIBLE
					 POPULATION;
(v) Prepares only FOOD
					 that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD; or
(vi) Does not prepare, but offers for sale
					 only prePACKAGED FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08330 - Issuance-New, converted, or remodeled establishments (FDA Food Code 8-303.10)

Current through Register Vol. 24-14, July 15, 2024
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,
					 specifications, and information are reviewed and APPROVED; and
(4) A preoperational inspection as specified
					 under WAC 246-215-08225 shows that the establishment is built or remodeled in
					 accordance with the APPROVED plans and specifications and that the
					 establishment is in compliance with this chapter.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08330, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08335 - Issuance-Existing establishments, permit renewal, and change of ownership (FDA Food Code 8-303.20)

Current through Register Vol. 24-14, July 15, 2024
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 establishment is
						in compliance with this chapter.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08335, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08340 - Issuance-Denial of application for permit, notice (FDA Food Code 8-303.30)

Current through Register Vol. 24-14, July 15, 2024
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; and
(3) Advisement of the applicant's right of
					 appeal and the process and time frames for appeal that are provided in
					 LAW.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08340, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08345 - Conditions of retention-Responsibilities of the regulatory authority (FDA Food Code 8-304.10)

Current through Register Vol. 24-14, July 15, 2024
(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
					 applicable to the PERMIT.
(2)
					 Failure to provide the information specified in subsection (1) of this section
					 does not prevent the REGULATORY AUTHORITY from taking authorized action or
					 seeking remedies if the PERMIT HOLDER fails to comply with this chapter or an
					 order, warning, or directive of the REGULATORY AUTHORITY.
Statutory Authority: 43.20.050 and 43.20.145.
						  13-03-109, § 246-215-08345, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08350 - Conditions of retention-Responsibilities of the permit holder (FDA Food Code 8-304.11)

Current through Register Vol. 24-14, July 15, 2024
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 conditions of a granted VARIANCE as specified under WAC
					 246-215-08120, and APPROVED plans
					 as specified under WAC
					 246-215-08205;
(3) If a FOOD ESTABLISHMENT is required under
					 WAC 246-215-08210 to operate under a
					 HACCP PLAN, comply with the plan as specified under WAC
					 246-215-08120;
(4) Immediately contact the REGULATORY
					 AUTHORITY to report an illness of a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE as
					 specified under WAC
					 246-215-02215;
(5) Immediately discontinue operations and
					 notify the REGULATORY AUTHORITY if an IMMINENT HEALTH HAZARD might exist as
					 specified under WAC
					 246-215-08455;
(6) Allow representatives of the REGULATORY
					 AUTHORITY access to the FOOD ESTABLISHMENT as specified under WAC
					 246-215-08415;
(7) Replace existing facilities and EQUIPMENT
					 specified under WAC
					 246-215-08100 with facilities and
					 EQUIPMENT that comply with this chapter if:
(a) The REGULATORY AUTHORITY directs the
					 replacement because the facilities and EQUIPMENT constitute a public health
					 HAZARD or nuisance or no longer comply with the requirements upon which the
					 facilities and EQUIPMENT were accepted; or
(b) The facilities and EQUIPMENT are replaced
					 in the normal course of operation.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart C - Permit to Operate › Section 246-215-08355 - Conditions of retention-Permits not transferable (FDA Food Code 8-304.20)

Current through Register Vol. 24-14, July 15, 2024
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 the change in operation is not APPROVED.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08355, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08400 - Frequency-Establishing inspection interval (FDA Food Code 8-401.10)

Current through Register Vol. 24-14, July 15, 2024
(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 ESTABLISHMENT is fully operating
					 under an APPROVED and validated HACCP PLAN as specified under WAC
					 246-215-08215 and
					 246-215-08120(1) and
					 (2);
(b) The FOOD ESTABLISHMENT is assigned a less
					 frequent inspection frequency based on a written RISK-based inspection schedule
					 developed by the REGULATORY AUTHORITY, or set by state or federal LAW, and
					 uniformly applied throughout the jurisdiction; or
(c) The establishment's operation involves
					 only coffee service and other unPACKAGED or prePACKAGED FOOD that is not
					 TIME/TEMPERATURE CONTROL FOR SAFETY FOOD such as carbonated BEVERAGES and snack
					 FOOD such as chips, nuts, popcorn and pretzels.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08405 - Frequency-Performance-and risk-based (FDA Food Code 8-401.20)

Current through Register Vol. 24-14, July 15, 2024
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 foodborne illness by
						evaluating:
(1) Past performance, for
					 nonconformance with this chapter or HACCP PLAN requirements;
(2) Past performance, for numerous repeat
					 violations of this chapter or HACCP PLAN requirements;
(3) Past performance, for complaints
					 investigated and found to be valid;
(4) The hazards associated with the
					 particular FOODS that are prepared, stored or served;
(5) The type of operation including the
					 methods and extent of FOOD storage, preparation, and service;
(6) The number of people served;
(7) Whether the population served is a HIGHLY
					 SUSCEPTIBLE POPULATION; and
(8)
					 Whether the establishment is properly implementing an APPROVED self-inspection
					 program.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08405, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08410 - Frequency-Competency of inspectors (FDA Food Code 8-402.10)

Current through Register Vol. 24-14, July 15, 2024
(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 ensure
					 that authorized representatives who inspect a FOOD ESTABLISHMENT or conduct
					 plan review for compliance with this chapter have access to training and
					 continuing education as needed to properly identify violations and apply the
					 chapter.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08410, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08415 - Access-Allowed at reasonable times after due notice (FDA Food Code 8-402.11)

Current through Register Vol. 24-14, July 15, 2024
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
						allowing access to the establishment, allowing inspection, and providing
						information and records specified in this chapter and to which the REGULATORY
						AUTHORITY is entitled according to LAW, during the FOOD ESTABLISHMENT'S hours
						of operation and other reasonable times.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08415, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08420 - Access-Refusal, notification of right to access, and final request for access (FDA Food Code 8-402.20)

Current through Register Vol. 24-14, July 15, 2024
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 acceptance and retention of a FOOD ESTABLISHMENT PERMIT to operate as
					 specified under WAC
					 246-215-08350(6).
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08425 - Access-Refusal, reporting (FDA Food Code 8-402.30)

Current through Register Vol. 24-14, July 15, 2024
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 refuse access, the REGULATORY AUTHORITY shall provide
						details of the denial of access on an inspection report form.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08425, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08430 - Report of findings-Documenting information and observations (FDA Food Code 8-403.10)

Current through Register Vol. 24-14, July 15, 2024
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 under WAC
					 246-215-08325(3),
					 inspection date, and other information such as type of water supply and SEWAGE
					 disposal, status of the PERMIT, and personnel certificates that may be
					 required; and
(2) Specific factual
					 observations of violative conditions or other deviations from this chapter that
					 require correction by the PERMIT HOLDER including:
(a) Failure of the PERSON IN CHARGE to
					 demonstrate the knowledge of foodborne illness prevention, application of HACCP
					 principles, and the requirements of this chapter specified under WAC
					 246-215-02105;
(b) Failure of FOOD EMPLOYEES, CONDITIONAL
					 EMPLOYEES, and the PERSON IN CHARGE to demonstrate knowledge of their
					 responsibility to report a disease or medical condition;
(c) Nonconformance with this
					 chapter;
(d) Failure of the
					 appropriate FOOD EMPLOYEES to demonstrate their knowledge of, and ability to
					 perform in accordance with, the procedural, monitoring, verification, and
					 corrective action practices required by the REGULATORY AUTHORITY as specified
					 under WAC
					 246-215-08120;
(e) Failure of the PERSON IN CHARGE to
					 provide records required by the REGULATORY AUTHORITY for determining
					 conformance with a HACCP PLAN as specified under WAC
					 246-215-08215(4)(f);
					 and
(f) Nonconformance with
					 CRITICAL LIMITS of a HACCP PLAN.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08435 - Report of findings-Specifying time frame for corrections (FDA Food Code 8-403.20)

Current through Register Vol. 24-14, July 15, 2024
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. 13-03-109, §
						  246-215-08435, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08440 - Report of findings-Issuing report and obtaining acknowledgment of receipt (FDA Food Code 8-403.30)

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08440, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08445 - Report of findings-Refusal to sign acknowledgment (FDA Food Code 8-403.40)

Current through Register Vol. 24-14, July 15, 2024
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 of receipt does not affect the PERMIT
					 HOLDER'S obligation to correct the violations noted in the inspection report
					 within the time frames specified; and
(c) A refusal to sign an acknowledgment of
					 receipt is noted in the inspection report and conveyed to the REGULATORY
					 AUTHORITY'S historical record for the FOOD ESTABLISHMENT; and
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08450 - Report of findings-Public information (FDA Food Code 8-403.50)

Current through Register Vol. 24-14, July 15, 2024
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. 13-03-109, §
						  246-215-08450, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08455 - Imminent health hazard-Ceasing operations and reporting (FDA Food Code 8-404.11)

Current through Register Vol. 24-14, July 15, 2024
(1)
					 Except as specified in subsections (2) and (3) of this section, a PERMIT HOLDER
					 shall immediately discontinue operations and notify the REGULATORY AUTHORITY if
					 an IMMINENT HEALTH HAZARD might exist.
(2) A PERMIT HOLDER need not discontinue
					 operations in an area of an establishment that is unaffected by the IMMINENT
					 HEALTH HAZARD.
(3) Considering the
					 nature of the potential hazard involved and the complexity of the corrective
					 action needed, the REGULATORY AUTHORITY may agree to continuing operations in
					 the event of an extended interruption of electrical or water service if:
(a) A written emergency operating plan has
					 been APPROVED;
(b) Immediate
					 corrective action is taken to eliminate, prevent, or control any FOOD safety
					 risk and IMMINENT HEALTH HAZARD associated with the electrical or water service
					 interruption; and
(c) The
					 REGULATORY AUTHORITY is informed upon implementation of the written emergency
					 operating plan.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart D - Inspection and Correction of Violations › Section 246-215-08460 - Imminent health hazard-Resumption of operations (FDA Food Code 8-404.12)

Current through Register Vol. 24-14, July 15, 2024
If operations are discontinued as specified under WAC
						246-215-08455 or otherwise
						according to LAW, the PERMIT HOLDER shall obtain approval from the REGULATORY
						AUTHORITY before resuming operations.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08460, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart E - Prevention of Foodborne Disease Transmission by Employees › Section 246-215-08500 - Investigation and control-Obtaining information-Personal history of illness, medical examination, and specimen analysis (FDA Food Code 8-501.10)

Current through Register Vol. 24-14, July 15, 2024
The REGULATORY AUTHORITY shall act when it has reasonable
						cause to believe that a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE has possibly
						transmitted disease; might be infected with a disease in a communicable form
						that is transmissible through FOOD; might be a carrier of infectious agents
						that cause a disease that is transmissible through FOOD; or is affected with a
						boil, an infected wound, or acute respiratory infection, by:
(1) Securing a confidential medical history
					 of the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE suspected of transmitting disease
					 or making other investigations as deemed appropriate; and
(2) Requiring appropriate medical
					 examinations, including collection of specimens for laboratory analysis, of a
					 suspected FOOD EMPLOYEE or CONDITIONAL EMPLOYEE.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08500, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart E - Prevention of Foodborne Disease Transmission by Employees › Section 246-215-08505 - Investigation and control-Restriction or exclusion of food employee, or summary suspension of permit (FDA Food Code 8-501.20)

Current through Register Vol. 24-14, July 15, 2024
Based on the findings of an investigation related to a
						FOOD EMPLOYEE or CONDITIONAL EMPLOYEE who is suspected of being infected or
						diseased, the REGULATORY AUTHORITY may issue an order to the suspected FOOD
						EMPLOYEE, CONDITIONAL EMPLOYEE, or PERMIT HOLDER instituting one or more of the
						following control measures:
(1)
					 RESTRICTING the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE;
(2) EXCLUDING the FOOD EMPLOYEE or
					 CONDITIONAL EMPLOYEE; or
(3)
					 Closing the FOOD ESTABLISHMENT by summarily suspending a PERMIT to operate in
					 accordance with LAW.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08505, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart E - Prevention of Foodborne Disease Transmission by Employees › Section 246-215-08510 - Investigation and control-Restriction or exclusion order: Warning or hearing not required, information required in order (FDA Food Code 8-501.30)

Current through Register Vol. 24-14, July 15, 2024
Based on the findings of the investigation as specified
						under WAC
						246-215-08500 and to control
						disease transmission, the REGULATORY AUTHORITY may issue an order of
						RESTRICTION or EXCLUSION to a suspected FOOD EMPLOYEE or the PERMIT HOLDER
						without prior warning, notice of a hearing, or a hearing if the order:
(1) States the reasons for the RESTRICTION or
					 EXCLUSION that is ordered;
(2)
					 States the evidence that the FOOD EMPLOYEE or PERMIT HOLDER shall provide in
					 order to demonstrate that the reasons for the RESTRICTION or EXCLUSIONS are
					 eliminated;
(3) States that the
					 suspected FOOD EMPLOYEE or PERMIT HOLDER may request an appeal hearing by
					 submitting a timely request as provided in LAW; and
(4) Provides the name and address of the
					 REGULATORY AUTHORITY representative to whom a request for an appeal hearing can
					 be made.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08510, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart E - Prevention of Foodborne Disease Transmission by Employees › Section 246-215-08515 - Investigation and control-Removal of exclusion or restriction (FDA Food Code 8-501.40)

Current through Register Vol. 24-14, July 15, 2024
The REGULATORY AUTHORITY or PERSON IN CHARGE shall
						release a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE from RESTRICTION or EXCLUSION
						according to LAW and the conditions specified under WAC
						246-215-02245,
						246-215-02250, and
						246-215-02255.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-08515, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart E - Prevention of Foodborne Disease Transmission by Employees › Section 246-215-08520 - Investigation and control - Procedure when disease transmission is suspected

Current through Register Vol. 24-14, July 15, 2024
(1) When a possible
					 foodborne illness incident is reported to any FOOD EMPLOYEE, the PERSON IN
					 CHARGE of the FOOD ESTABLISHMENT shall:
(a)
					 Immediately report the incident to the REGULATORY AUTHORITY; and
(b) Remove from sale and refrigerate any
					 suspect FOODS until released by the REGULATORY AUTHORITY.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart F - Enforcement › Section 246-215-08600 - Permits required, suspension, revocation, enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) Any PERSON operating a FOOD ESTABLISHMENT
					 without a valid PERMIT issued by the REGULATORY AUTHORITY may be guilty of a
					 misdemeanor under
					 RCW
					    70.05.120 and local regulations.
(2) The REGULATORY AUTHORITY may suspend any
					 PERMIT to operate a FOOD ESTABLISHMENT if:
(a)
					 Continued operation of the FOOD ESTABLISHMENT constitutes an imminent or actual
					 health hazard;
(b) Operations,
					 facilities, or EQUIPMENT in the FOOD ESTABLISHMENT fail to comply with these
					 regulations;
(c) The PERMIT HOLDER
					 does not comply with these regulations; or
(d) Interference with the REGULATORY
					 AUTHORITY in the performance of its duties has occurred.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart F - Enforcement › Section 246-215-08605 - Service of notice

Current through Register Vol. 24-14, July 15, 2024
(1) A
					 notice provided for in these regulations is properly served when it is:
(a) Delivered to the PERMIT HOLDER;
(b) Delivered to the PERSON IN CHARGE of the
					 FOOD ESTABLISHMENT; or
(c) Sent by
					 registered or certified mail, return receipt requested, to the last known
					 address of the PERMIT HOLDER.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 8 - COMPLIANCE AND ENFORCEMENT › Subpart F - Enforcement › Section 246-215-08610 - Hearings

Current through Register Vol. 24-14, July 15, 2024
(1) The hearings
					 provided for in Part 8 must be:
(a) Conducted
					 by the REGULATORY AUTHORITY or its designee, and
(b) Conducted at a time and place designated
					 by the REGULATORY AUTHORITY.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 9 - ALTERNATIVE FOOD FACILITIES › Subpart A - Mobile Food Units › Section 246-215-09100 - Requirements and restrictions-Requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The PERMIT HOLDER and PERSON IN CHARGE of
					 a MOBILE FOOD UNIT shall comply with the requirements of this chapter, except
					 as otherwise provided in this section.
(2) The PERMIT HOLDER shall obtain approval
					 from other applicable regulating agencies prior to operating a MOBILE FOOD
					 UNIT, including the Washington state department of labor and
					 industries.
(3) The PERSON IN
					 CHARGE of a MOBILE FOOD UNIT shall operate the MOBILE FOOD UNIT from an
					 APPROVED COMMISSARY or SERVICING AREA unless they meet the exemption criteria
					 in
					 RCW
					    43.20.148 and shall return to such location
					 for supplies, thorough cleaning, and other servicing activities, as APPROVED in
					 a plan of operation.
(4) When not
					 in operation, a MOBILE FOOD UNIT must be stored at an APPROVED SERVICING AREA
					 or other APPROVED location.
(5) If
					 a REGULATORY AUTHORITY suspends a MOBILE FOOD UNIT'S MOBILE PRIMARY PERMIT or
					 MOBILE SECONDARY PERMIT, the PERMIT HOLDER shall immediately notify each
					 REGULATORY AUTHORITY that issued the MOBILE FOOD UNIT a permit about the
					 suspension.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-09100, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 9 - ALTERNATIVE FOOD FACILITIES › Subpart A - Mobile Food Units › Section 246-215-09105 - Requirements and restrictions - Restrictions

Current through Register Vol. 24-14, July 15, 2024
The REGULATORY AUTHORITY may impose additional
						requirements to protect against health hazards related to the operation of a
						MOBILE FOOD UNIT and may:
(1) Limit
					 the FOOD preparation steps;
(2)
					 Prohibit some menu items; and
(3)
					 Restrict the mode of operation when facilities or EQUIPMENT are inadequate to
					 protect public health.
Statutory Authority:
						  RCW
						  43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-09105, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 9 - ALTERNATIVE FOOD FACILITIES › Subpart A - Mobile Food Units › Section 246-215-09110 - Plan approval-Plan review

Current through Register Vol. 24-14, July 15, 2024
The owner of a MOBILE FOOD UNIT shall submit a properly
						prepared plan of operation with specifications of the MOBILE FOOD UNIT,
						COMMISSARY, and SERVICING AREA to the REGULATORY AUTHORITY for approval
						before:
(1) Beginning a construction or
					 remodeling project;
(2) Changing
					 the menu, processes, or preparation procedures of the MOBILE FOOD UNIT
					 ;
(3) Changing the vehicle;
					 or
(4) Changing the COMMISSARY.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-09110, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 9 - ALTERNATIVE FOOD FACILITIES › Subpart A - Mobile Food Units › Section 246-215-09115 - Plan approval-Plan contents

Current through Register Vol. 24-14, July 15, 2024
(1) To apply for a PRIMARY MOBILE PERMIT, the
					 owner of a MOBILE FOOD UNIT shall include in the plan required by WAC
					 246-215-09110:
(a) Menu and FOOD preparation
					 steps;
(b) Floor plan;
(c) EQUIPMENT specifications and
					 location;
(d) Finish
					 schedule;
(e) Source of water and
					 specifications of the onboard plumbing;
(f) Site used for SEWAGE disposal;
(g) Availability of restrooms for
					 EMPLOYEES;
(h) Operating
					 procedures; and
(i) Cleaning
					 schedule.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 9 - ALTERNATIVE FOOD FACILITIES › Subpart A - Mobile Food Units › Section 246-215-09120 - Additional requirements-Standard operating procedures

Current through Register Vol. 24-14, July 15, 2024
The PERSON IN CHARGE of a MOBILE FOOD UNIT shall
						ensure:
(1) Only EMPLOYEES and other
					 persons authorized by the REGULATORY AUTHORITY are present in the MOBILE FOOD
					 UNIT;
(2) All EMPLOYEES are in
					 compliance with the provisions of chapter 69.06 RCW and chapter 246-217 WAC for
					 obtaining and renewing valid FOOD WORKER CARDS, unless all FOODS are
					 prePACKAGED and are nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD;
(3) All FOODS, including ice, are from an
					 APPROVED source or COMMISSARY;
(4)
					 TIME/TEMPERATURE CONTROL FOR SAFETY FOODS prepared on the MOBILE FOOD UNIT are
					 served the same day they are prepared;
(5) PrePACKAGED FOODS are properly
					 labeled;
(6) Only SINGLE-SERVICE
					 ARTICLES are provided for use by the customer; and
(7) Condiments not in individual packages are
					 provided in dispenser bottles or in other containers protected from
					 contamination.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-09120, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 9 - ALTERNATIVE FOOD FACILITIES › Subpart A - Mobile Food Units › Section 246-215-09125 - Time/temperature control for safety food-Temperature control

Current through Register Vol. 24-14, July 15, 2024
The PERSON IN CHARGE of a MOBILE FOOD UNIT shall ensure
						that TIME/TEMPERATURE CONTROL FOR SAFETY FOODS are:
(1) Not cooled on the MOBILE FOOD UNIT unless
					 APPROVED;
(2) Properly
					 temperature-controlled during transport to the place of service;
(3) Temperature-monitored by use of a
					 stem-type thermometer or thermocouple capable of measuring all proper FOOD
					 temperatures; and
(4) Held in
					 preheated mechanical hot holding EQUIPMENT or prechilled mechanical cold
					 holding EQUIPMENT, or otherwise temperature controlled by an APPROVED
					 method.
Statutory Authority:
						  RCW
						     43.20.050 and
						  43.20.145. 13-03-109, §
						  246-215-09125, filed 1/17/13, effective
						  5/1/13.
Washington Administrative Code › Title 246 - Health, Department of › FOOD HANDLING › Chapter 246-215 - Food service › Part 9 - ALTERNATIVE FOOD FACILITIES › Subpart A - Mobile Food Units › Section 246-215-09126 - Commissary usage

Current through Register Vol. 24-14, July 15, 2024
(1) The PERSON
					 IN CHARGE of a MOBILE FOOD UNIT shall use a COMMISSARY APPROVED by the
					 REGULATORY AUTHORITY issuing the primary permit unless exempted under
					 RCW
					    43.20.148.
(2) The PERMIT HOLDER shall obtain a written,
					 signed COMMISSARY agreement from the COMMISSARY operator that must be renewed
					 annually. Any changes to the agreement shall be submitted to the REGULATORY
					 AUTHORITY issuing the MOBILE PRIMARY PERMIT before implementing the
					 changes.
(3) The PERSON IN CHARGE
					 shall return the MOBILE FOOD UNIT to the COMMISSARY at a regular frequency, as
					 determined and APPROVED by the REGULATORY AUTHORITY issuing the primary
					 permit.
(4) The PERSON IN CHARGE
					 shall document presence at the COMMISSARY on a log, maintain records for one
					 year, and shall make the records available for inspection by the REGULATORY
					 AUTHORITY upon request.
(5)
					 Depending on the menu and plan of operation, the MOBILE FOOD UNIT operator must
					 have access at the COMMISSARY to:
(a) A
					 three-compartment sink and other APPROVED WAREWASHING equipment;
(b) Adequate hot and cold holding equipment
					 as necessary for proper food storage;
(c) A service sink with hot and cold water
					 under pressure;
(d) At least one
					 HANDWASHING SINK with pressurized hot and cold water that is conveniently
					 located and used exclusively for handwashing;
(e) A conveniently located toilet
					 room;
(f) APPROVED methods and
					 equipment to clean and sanitize FOOD and nonFOOD contact surfaces within the
					 MOBILE FOOD UNIT; and
(g) Adequate
					 space for the sanitary storage of FOOD, EQUIPMENT, UTENSILS, LINENS, and
					 single-service, or single-use articles.