reglab/statecodes huggingface dataset:
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 16-149-050 - Applications

Current through Register Vol. 24-14, July 15, 2024
(1) To qualify for
				a new cottage food operator permit issued under chapter 69.22 RCW, the
				Washington Cottage Food Operator Act, a cottage food operator must first make
				application to the department. The new applicant may submit at anytime of the
				year.
(2) By applying for a cottage
				food operation permit, the applicant acknowledges the jurisdiction of the
				department and state of Washington in all matters related to the cottage food
				operation.
(3) By applying for a
				cottage food operation permit, the applicant recognizes the authority of the
				department under
				RCW
				69.22.060 and expressly grants the department
				or other inspection agent approved by the department the right to enter the
				applicant's premises during normal business hours or at other reasonable times
				to:
(a) Inspect the portion of the premises
				where the cottage food operation products, ingredients, or packaging materials
				are stored, produced, packaged, or labeled;
(b) Inspect records related to the sales,
				storage, production, packaging, or labeling of the cottage food operation
				products, ingredients, or packaging materials; and
(c) Obtain samples of cottage food operation
				products, ingredients, or packaging materials.
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 16-149-060 - Application requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Applications
				must be submitted on the form provided by the department, and must include:
(a) A completed application form.
(b) A diagram of the cottage food operation
				premises identifying what areas of the residence will be used for the cottage
				food activities.
(i) The diagram must clearly
				identify and show the location of all cottage food operation preparation
				equipment, contact work surfaces, equipment washing and sanitizing sinks or
				tubs, primary toilet room, handwashing areas, and storage areas.
(ii) Everything illustrated on the diagram
				must be clearly labeled.
(c) A copy of all recipes and a description
				of the processing steps and packaging step.
(d) Examples of all product labels.
(e) The proposed cottage food operational
				dates of processing for the current year.
(f) A description of the types of sales or a
				list of the proposed sale locations for the current year.
(g) Documentation verifying that the water
				used at the cottage food operation site complies with the requirements of this
				chapter. For a well, spring or other private water supply, the water must have
				a passing bacterial test conducted within 60 days of submitting an application
				to the department. A copy of the test results must be attached to the permit
				application.
(h) A copy of the
				applicant's food worker card and that of any other persons who will be
				conducting cottage food operation food processing.
(i) If pets are present at the location, a
				pet control plan that precludes pet entry/access to all areas of the cottage
				food operation during operating hours and exclusion from storage areas must be
				submitted.
(j) If infants or
				children under six years of age are present at the location, a child control
				plan that precludes child entry/access to all areas of the cottage food
				operation during operating hours must be submitted.
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 16-149-070 - Amendment requirements to permit

Current through Register Vol. 24-14, July 15, 2024
(1)
				Amendments to an existing cottage food permit after issuance require a new
				application and application fee. Operators must apply for an amendment if
				adding new products (provided the amendment does not exceed the limit on
				recipes), when changing recipes, or changing the premises areas.
(2) An application amendment will contain the
				same information as outlined in WAC 16-149-060 and on a form provided by the
				department.
(3) If there are no
				significant changes to the premises, the department will require the public
				health review of all new recipes submitted for review, and after approval,
				process an amended cottage food operation permit to the applicant. This
				application amendment will require the submission of $75 for the public health
				review and $30 for processing for the permit.
(4) If there are significant changes to the
				premises, the department will require the public health review of all new
				recipes submitted for review, reinspection of the premises, and after approval,
				process an amended cottage food operation permit to the applicant. This
				application amendment will require the submission of $75 for the public health
				review, $125 for an inspection and $30 for processing for the permit.
(5) Significant change under this section
				means any change in the premises previously submitted to and inspected by the
				department under this chapter which is substantial enough in the department's
				judgment to require reinspection and approval. This includes, but is not
				limited to:
(a) Structural changes within the
				cottage food operation's premises such as a remodel or addition to the home
				that affects the cottage food operation areas previously inspected.
(b) Additional locations within the premises
				that are now intended to be used for portions of the cottage food operations
				that were not previously inspected. For example: A basement storage area is now
				planned to be utilized for storage of finished products. This basement area was
				not originally part of the permitted area and not previously inspected by the
				department.
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 16-149-080 - Production requirements

Current through Register Vol. 24-14, July 15, 2024
(1) A
				cottage food production operation shall:
(a)
				Ensure that each operator holds a valid food handler's permit.
(b) Provide for food contact surfaces that
				are smooth and easily cleanable.
(c) Maintain acceptable sanitary standards
				and practices.
(i) Carpeting and rugs are not
				approved flooring material in the cottage food operation home kitchen
				preparation area. Cleanable impermeable floor mats are allowed in the cottage
				food operation home kitchen area.
(ii) Except as otherwise provided in this
				chapter, a sink used in combination with one or two large tubs placed next to
				it is required for washing, rinsing, and sanitizing.
(iii) A domestic dishwasher may be used in
				lieu of a sink/large tub(s) combination.
(iv) Pump hand soap and disposable paper
				towels must be available and used in the identified primary toilet room and
				home kitchen area by all persons working in the home kitchen.
(v) When food must be left out uncovered on
				kitchen counters or table due to processing steps such as cooling, active
				controls must be in place to prevent inadvertent contamination by children or
				pets. Active controls can include presence of the permittee or an employee or
				use of child/pet barriers, etc.
(vi) If pets are present in the household, a
				pet control plan that precludes pet entry/access to all areas of the cottage
				food operation during operating hours must be in place.
(vii) No infants or children under six years
				of age can be present in the cottage food operation home kitchen during
				processing. A child barrier may be used to prevent access to the cottage food
				processing area during operating hours.
(d) Provide separate storage from domestic
				storage, including separate refrigerated storage.
(e) Provide for annual bacterial test of
				water supplies if not connected to a public water system.
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 16-149-090 - Inspections

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to
				inspections required for permit applications or amendments, the department may
				inspect the permitted area of a cottage food operation whenever the department
				has reason to believe the cottage food operation is in violation of the
				requirements of chapter 69.22 RCW or this chapter. Inspections will be made at
				reasonable times and, when possible, during regular business hours.
(2) The department may also inspect the
				permitted area of a cottage food operation in response to a foodborne illness
				outbreak, consumer complaint, or other public health emergency.
(3) When conducting an inspection, the
				department shall, at a minimum, inspect for the following:
(a) That the permitted cottage food operator
				understands that only those specific foods identified on the permit for the
				cottage food operation may be produced;
(b) That the permitted cottage food operator
				understands that no person other than the permittee, or a person under the
				direct supervision of the permittee, may be engaged in the processing,
				preparation, packaging, or handling of any cottage food products or be in the
				home kitchen during the processing, preparation, packaging, or handling of any
				cottage food products;
(c) That no
				cottage food processing, preparation, packaging, or handling is occurring in
				the home kitchen concurrent with any other domestic activities such as family
				meal preparation, dishwashing, clothes washing or ironing, kitchen cleaning, or
				guest entertainment;
(d) That no
				infants or children under the age of six are in the home kitchen during the
				processing, preparation, packaging, or handling of any cottage food
				products;
(e) That no pets are in
				the home kitchen during the processing, preparation, packaging, or handling of
				any cottage food products;
(f) That
				only typical residential style of kitchen equipment and utensils are used to
				produce cottage foods;
(g) That all
				food contact surfaces, equipment, and utensils used for the preparation,
				packaging, or handling of any cottage food products are washed, rinsed, and
				sanitized before each use;
(h)
				That all food preparation and food and equipment storage areas are maintained
				free of rodents and insects; and
(i) That all persons involved in the
				preparation and packaging of cottage food products:
(i) Have a valid food handler worker
				card;
(ii) Do not work in the home
				kitchen area when ill;
(iii) Wash
				their hands before any food preparation and food packaging
				activities;
(iv) Avoid bare hand
				contact with ready-to-eat foods through the use of single-service gloves,
				bakery papers, tongs, or other utensils; and
(v) Are under the direct supervision of the
				permittee.
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 16-149-100 - Recordkeeping requirements

Current through Register Vol. 24-14, July 15, 2024
(1) At
				a minimum, the following records must be kept at the cottage food operation:
(a) Copies of all food handler worker
				cards;
(b) Copy of the master
				business license;
(c) All cottage
				food product recipes that are allowed by the department and listed on the
				current cottage food operation permit;
(d) The water testing records if required by
				this chapter;
(e) Documentation
				that ingredients were obtained from approved sources; and
(f) Documentation of gross sales and any
				off-site sale locations.
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 16-149-110 - Labeling

Current through Register Vol. 24-14, July 15, 2024
(1) A cottage food
				operation may only sell cottage food products which are prepackaged (except for
				certain products as outlined in subsection (2) of this section) with a label
				affixed that contains the following information (printed in English):
(a) The name and permit number issued under
				RCW
				69.22.030 of the business of the cottage food
				operation;
(b) The name of the
				cottage food product;
(c) The
				ingredients of the cottage food product, in descending order of predominance by
				weight. Ingredients made from subcomponents must also list the subcomponents.
				For example, "imitation vanilla extract (water, sugar, caramel color,
				artificial flavor, citric acid, sodium benzoate (preservative))";
(d) The net weight or net volume of the
				cottage food product, metric weight is not required;
(e) Allergen information as specified by
				federal labeling requirements;
(f)
				If any nutritional claim is made, appropriate nutritional information as
				specified by federal labeling requirements; and
(g) The following statement printed in at
				least the equivalent 11-point type in a color that provides a clear contrast to
				the background label: "Made in a Home Kitchen that has not been subject to
				standard inspection criteria."
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 16-149-120 - Allowable cottage food products

Current through Register Vol. 24-14, July 15, 2024
A cottage food operation is allowed to produce food items
				  that are nonpotentially hazardous. Subsection (1) of this section lists
				  acceptable cottage food products. Although this list is not all inclusive, it
				  provides for most types of approved cottage food products. Only those products
				  approved by the department and listed in the permit may be produced:
(1) Baked goods and fried products cooked in
				an oven, on a stove top, or in or on an electric device designed for cooking
				food including:
(a) Loaf breads, rolls,
				biscuits, quick breads, and muffins;
(b) Cakes including celebration cakes such as
				birthday, anniversary, and wedding cakes;
(c) Pastries and scones;
(d) Cookies and bars;
(e) Crackers;
(f) Cereals, trail mixes and
				granola;
(g) Pies, except that
				custard style pies, pies with fresh fruit that is unbaked or pies that require
				refrigeration after baking are not approved;
(h) Nuts and nut mixes;
(i) Snack mixes; and
(j) Donuts, tortillas, pizzelles, krumkake,
				and similar products.
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 16-149-130 - Prohibited products

Current through Register Vol. 24-14, July 15, 2024
This section lists unacceptable cottage food products.
				  Although not inclusive, it lists most types of unapproved cottage food
				  products:
* Fresh or dried meat or meat products including
				  jerky;
* Fresh or dried poultry or poultry products;
* Canned fruits, vegetables, vegetable butters, salsas,
				  etc.;
* Fish or shellfish products;
* Products made with meat, poultry, or fish products;
* Canned pickled products such as corn relish, pickles,
				  sauerkraut;
* Raw seed sprouts;
* Bakery goods which require any type of refrigeration such
				  as cream, custard or meringue pies and cakes or pastries with cream or cream
				  cheese fillings, fresh fruit fillings or garnishes, glazes or frostings with
				  low sugar content, cream, or uncooked eggs;
* Milk and dairy products including hard, soft and cottage
				  cheeses and yogurt;
* Cut fresh fruits or vegetables;
* Food products made from cut fresh fruits or vegetables;
* Garlic in oil mixtures;
* Juices made from fresh fruits or vegetables;
* Ice or ice products;
* Barbeque sauces, ketchups, or mustards;
* Focaccia-style breads with vegetables or cheeses;
* Beverages.
Statutory Authority:
					 RCW
					 69.22.020 and
					 chapter
					 34.05 RCW. 12-12-016,
					 § 16-149-130, filed 5/24/12, effective
					 6/24/12.
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 16-149-140 - Suspension, revocation, and denial of registrations

Current through Register Vol. 24-14, July 15, 2024
(1) A cottage food operation permit and
				applications for cottage food operation permits are governed by
				chapter
				34.05 RCW.
(2) After conducting a hearing, the director
				may deny, suspend, or revoke a cottage food operation application or permit if
				it is determined that an applicant or permittee has committed any of the
				following acts:
(a) Failed to meet the
				permitting requirements established under chapter 69.22 RCW or this
				chapter;
(b) Refused, neglected, or
				failed to comply with the provisions of this chapter, any rules adopted to
				administer this chapter, or any lawful order of the director;
(c) Refused, neglected, or failed to keep and
				maintain records required by this chapter, or to make the records available
				when requested pursuant to the provisions of this chapter;
(d) Consistent with
				RCW
				69.22.060, refused the director access to the
				permitted area of a domestic residence housing a cottage food operation for the
				purpose of carrying out the provisions of this chapter;
(e) Consistent with
				RCW
				69.22.060, refused the department access to
				any records required to be kept under the provisions of this chapter;
				or
(f) Exceeded the annual income
				limits provided in WAC
				16-149-040.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-157 - Organic food standards and certification › Section 16-157-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter is adopted under
				  RCW
				  15.86.060 wherein the director is authorized
				  to adopt rules for the proper administration of the Organic Food Products Act,
				  and under
				  RCW
				  15.86.070 wherein the director is authorized
				  to adopt rules establishing a certification program for producers, processors,
				  and handlers of organic and transitional products.
Statutory Authority:
					 RCW
					 15.86.060 and
					 15.86.070. 06-23-108, §
					 16-157-010, filed 11/17/06, effective 12/18/06. Statutory Authority:
					 Chapter
					 15.86 RCW. 02-10-090,
					 § 16-157-010, filed 4/29/02, effective
					 5/30/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-157 - Organic food standards and certification › Section 16-157-020 - Adoption of the National Organic Program

Current through Register Vol. 24-14, July 15, 2024
The Washington state department of agriculture adopts the
				  standards of the National Organic Program, 7 C.F.R. Part 205 , effective March
				  20, 2023, for the production and handling of organic crops, livestock, and
				  processed agricultural products. The National Organic Program rules may be
				  obtained from the department by emailing the organic program at
				  organic@agr.wa.gov, by phone at 360-902-1805 or accessing the National Organic
				  Program's website at
https://www.ams.usda.gov/rules-regulations/organic
.
Statutory Authority:
					 Chapter
					 15.86 and
					 34.05 RCW. 09-15-152, §
					 16-157-020, filed 7/21/09, effective 8/21/09. Statutory Authority:
					 RCW
					 15.86.060 and
					 15.86.070. 06-23-108, §
					 16-157-020, filed 11/17/06, effective 12/18/06. Statutory Authority:
					 Chapters
					 15.86 and
					 34.05 RCW. 04-24-015, §
					 16-157-020, filed 11/22/04, effective 12/23/04. Statutory Authority:
					 Chapter
					 15.86 RCW. 03-03-044,
					 § 16-157-020, filed 1/10/03, effective 2/10/03; 02-10-090, §
					 16-157-020, filed 4/29/02, effective
					 5/30/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-157 - Organic food standards and certification › Section 16-157-120 - Organic mushroom standard

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 15.86 RCW. 02-10-090,
					 § 16-157-120, filed 4/29/02, effective
					 5/30/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-157 - Organic food standards and certification › Section 16-157-210 - Confidentiality

Current through Register Vol. 24-14, July 15, 2024
Except for applications and laboratory analyses submitted for
				  certification under this chapter, the department keeps confidential any
				  business-related information obtained under this chapter. All business-related
				  information submitted to the department under this chapter is exempt from
				  public inspection and copying consistent with
				  RCW
				  15.86.110 and
				  42.56.210.
Statutory Authority:
					 RCW
					 15.86.060 and
					 15.86.070. 06-23-108, §
					 16-157-210, filed 11/17/06, effective 12/18/06. Statutory Authority:
					 Chapter
					 15.86 RCW. 02-10-090,
					 § 16-157-210, filed 4/29/02, effective
					 5/30/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-157 - Organic food standards and certification › Section 16-157-215 - General requirements for certification

Current through Register Vol. 24-14, July 15, 2024
(1) Except for operations exempt or excluded
				in the National Organic Program (
				7 C.F.R.
				205.101 ), each production or handling
				operation or specified portion of a production or handling operation must be
				certified if it produces or handles crops, livestock, livestock products, or
				other agricultural products intended to be sold, labeled, or represented as
				"one hundred percent organic," "organic," or "made with organic (specified
				ingredients or food group(s))."
(a) If you
				have an operation that meets the definition of "production operation," you must
				be certified as a producer.
(b) If
				you have an operation that meets the definition of "handling operation," you
				must be certified as a handler or processor unless you are a certified producer
				who cleans, washes, grades, dries, packages, transports, or does similar
				preparation of your own production.
(c) If you are a certified producer who
				changes crops, wild crops, or livestock products of your own production into
				new distinct products by physically, chemically, or otherwise changing the
				original product, you must also be certified as a processor.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-157 - Organic food standards and certification › Section 16-157-255 - Sampling

Current through Register Vol. 24-14, July 15, 2024
A representative sample of any organic product may be tested
				  for pesticide or other contaminants whenever the director deems it necessary
				  for organic certification or maintenance of organic certification. Sample
				  analysis is provided under the application and certification
				  fees.
Statutory Authority:
					 RCW
					 15.86.060 and
					 15.86.070. 06-23-108, §
					 16-157-255, filed 11/17/06, effective 12/18/06. Statutory Authority:
					 Chapter
					 15.86 RCW. 03-03-044,
					 § 16-157-255, filed 1/10/03, effective 2/10/03; 02-10-090, §
					 16-157-255, filed 4/29/02, effective
					 5/30/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-157 - Organic food standards and certification › Section 16-157-260 - Organic and transitional certification and the use of logos

Current through Register Vol. 24-14, July 15, 2024
(1) The director
				must review the application, inspection report, and results of any samples
				collected to determine if a producer, handler, processor, or retailer has
				complied with the conditions for organic or transitional certification. A
				certificate will be issued when the director determines that the operation has
				complied with the conditions for initial or continued organic or transitional
				certification.
(2) Organic
				producers, handlers, processors, and retailers certified under this chapter may
				use the organic logo, found in WAC
				16-157-275,
				and the USDA organic seal as outlined in 7 C.F.R. Part 205 to identify
				organically certified products.
(3)
				Transitional products certified under this chapter may use the transitional
				logo, found in WAC
				16-157-275,
				to identify transitional products.
(4) The logos found in WAC
				16-157-275
				may be printed in black and white as displayed in this chapter. Alternatively,
				a color version with green leaves may be used. Electronic copies of the logos
				are available by request from the department.
Statutory Authority:
					 RCW
					 15.86.060 and
					 15.86.070. 06-23-108, §
					 16-157-260, filed 11/17/06, effective 12/18/06. Statutory Authority:
					 Chapter
					 15.86 RCW. 03-03-044,
					 § 16-157-260, filed 1/10/03, effective 2/10/03; 02-10-090, §
					 16-157-260, filed 4/29/02, effective
					 5/30/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-157 - Organic food standards and certification › Section 16-157-275 - Organic and transitional certification logos

Current through Register Vol. 24-14, July 15, 2024
Click here to view
				  image
Click here to view
				  image
Statutory Authority:
					 Chapter
					 15.86 RCW. 02-10-090,
					 § 16-157-275, filed 4/29/02, effective
					 5/30/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-157 - Organic food standards and certification › Section 16-157-290 - Export and transaction certificates

Current through Register Vol. 24-14, July 15, 2024
(1) Organic export and transaction
				certificates are issued to verify that a specific shipment of organic
				agricultural products has been produced, processed, and handled in accordance
				with the National Organic Program, 7 C.F.R. Part 205, or a foreign organic
				standard.
(2) Applications for
				export and transaction certificates must be submitted on forms furnished by the
				department. The applicant must furnish all information requested on the
				application. A separate application must be made for each export and
				transaction certificate.
(3) The
				fee for export and transaction certificates is forty dollars per
				application.
Statutory Authority:
					 RCW
					 15.86.060 and
					 15.86.070. 06-23-108, §
					 16-157-290, filed 11/17/06, effective 12/18/06. Statutory Authority:
					 Chapter
					 15.86 RCW. 03-03-044,
					 § 16-157-290, filed 1/10/03, effective 2/10/03; 02-10-090, §
					 16-157-290, filed 4/29/02, effective
					 5/30/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-010 - Purpose of this chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter specifies the process for registering companies
				  and listing materials approved for use in organic production, processing and
				  handling on the department's brand name materials list, also known as the
				  organic input material list. This chapter is promulgated pursuant to chapter
				  109, Laws of 2010 to implement the brand name materials list.
Statutory Authority:
					 RCW
					 15.86.060,
					 15.86.130, and
					 chapter
					 34.05 RCW. 10-19-018,
					 § 16-160-010, filed 9/8/10, effective 10/9/10. Statutory Authority:
					 Chapter
					 15.86 RCW. 03-03-045,
					 § 16-160-010, filed 1/10/03, effective 2/10/03; 99-16-054, §
					 16-160-010, filed 7/30/99, effective 8/30/99; 91-05-007, § 16-160-010,
					 filed 2/7/91, effective 3/10/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-120 - Applications

Current through Register Vol. 24-14, July 15, 2024
(1) Registration
				with the department and listing of a material on the brand name materials list
				is voluntary. While registration is not required for a material to be used or
				sold in this state, registration is necessary for a material to be included on
				the department's organic input material list.
(2) The listing of a material on the organic
				input material list under this chapter does not guarantee acceptance for use in
				organic production, processing, or handling by organic certifying agents other
				than the department. The department is not liable for any losses or damage that
				occurs as a result of use of a material listed on the organic input material
				list.
Statutory Authority:
					 RCW
					 15.86.060,
					 15.86.130, and
					 chapter
					 34.05 RCW. 10-19-018,
					 § 16-160-120, filed 9/8/10, effective
					 10/9/10.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-130 - General application requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Manufacturers of materials used in
				organic production, processing or handling may submit an application for
				registration with the department's organic program.
(2) Current registrants and potential
				applicants may submit applications for products to be listed on the organic
				input material list.
(3) The
				department approves product applications when the applicant demonstrates the
				material meets the requirements for products as outlined in WAC
				16-160-165.
(4) All registrations and product listings
				expire on December 31st of the registration year.
(5) During the term of registration, if at
				any time the registrant has no approved or pending product listings, the
				registration will be canceled.
(6)
				Requests for expedited review must be submitted on a form provided by the
				department. If approved, expedited review is billed as provided under WAC
				16-160-200.
Statutory Authority:
					 RCW
					 15.86.060,
					 15.86.130, and
					 chapter
					 34.05 RCW. 10-19-018,
					 § 16-160-130, filed 9/8/10, effective
					 10/9/10.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-140 - Initial application requirements

Current through Register Vol. 24-14, July 15, 2024
(1) To have products listed on the organic
				input material list, manufacturers must register with the department. To apply
				for registration, applicants must submit:
(a)
				An application form.
(b) A material
				registrant agreement in which the registrant agrees to comply with chapter
				16-160 WAC.
(c) The name and
				address of the registrant.
(d) A
				product application for each product to be listed on the organic input material
				list.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-150 - Renewal application requirements

Current through Register Vol. 24-14, July 15, 2024
(1) To renew a registration, registrants must
				submit:
(a) An application form;
(b) A material registrant agreement in which
				the registrant agrees to comply with chapter 16-160 WAC;
(c) The name(s) of the material(s) seeking
				renewal;
(d) Notification of any
				unreported changes to the company or product information; and
(e) The required fee for renewal. Renewal
				applications postmarked after October 31st must include the appropriate late
				fee as listed under WAC
				16-160-200.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-160 - Updating an application

Current through Register Vol. 24-14, July 15, 2024
If any changes to the information provided in an initial or
				  renewal application occurs at any time after the application is submitted, the
				  registrant must immediately submit the corrected information to the department
				  for review. This information includes, but is not limited to, changes in
				  material formulation, ingredient suppliers, manufacturing facilities or
				  processes, labels or other production or marketing processes. The corrected
				  information must be provided in writing. Failure by the registrant to provide
				  correction to the information provided in an application may result in
				  suspension or revocation of the registration, either in part or in
				  full.
Statutory Authority:
					 RCW
					 15.86.060,
					 15.86.130, and
					 chapter
					 34.05 RCW. 10-19-018,
					 § 16-160-160, filed 9/8/10, effective
					 10/9/10.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-165 - Product requirements

Current through Register Vol. 24-14, July 15, 2024
Products listed on the organic input material list must meet
				  all requirements in this section. If at any time a listed product or product
				  application is found to be in violation of one or more of these requirements,
				  the company's registration may be denied, suspended, or revoked as provided
				  under WAC 16-160-220. Products must:
(1) Meet the requirements of the USDA organic
				regulations ( 7 C.F.R. Part 205 ) and be approved for use in organic
				production, processing, or handling in accordance with the USDA organic
				regulations ( 7 C.F.R. Part 205 ). Materials may not be prohibited for use in
				the production or handling of organics per section 205.105 of the USDA organic
				regulations, and may not be otherwise prohibited for use in organic production
				and handling by the National Organic Program.
(2) Be clearly distinguishable from other
				products.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-170 - Confidential information

Current through Register Vol. 24-14, July 15, 2024
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 statute must be clearly designated as confidential.
				  However, the determination of whether the information is exempt from disclosure
				  will be based solely upon
				  chapter
				  42.56 RCW or other
				  applicable law.
Statutory Authority:
					 RCW
					 15.86.060,
					 15.86.130, and
					 chapter
					 34.05 RCW. 10-19-018,
					 § 16-160-170, filed 9/8/10, effective
					 10/9/10.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-180 - Inspections

Current through Register Vol. 24-14, July 15, 2024
(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 grants
				the department or other organic certifying agent or inspection agent approved
				by the National Organic Program the right to enter the registrant's premises
				during normal business hours or at other reasonable times to:
(a) Inspect the portion of the premises where
				the materials, inputs or ingredients are stored, produced, manufactured,
				packaged or labeled;
(b) Inspect
				records related to the sales, storage, production, manufacture, packaging or
				labeling of the material, inputs or ingredients; and
(c) Obtain samples of materials, inputs or
				ingredients.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-190 - Recordkeeping requirements

Current through Register Vol. 24-14, July 15, 2024
(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
				materials:
(i) Invoices/bills of
				lading;
(ii) Transportation
				documentation;
(iii) Material
				safety data sheets;
(iv) Storage
				documentation.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-200 - Fees

Current through Register Vol. 24-14, July 15, 2024
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 assessed based on the operation's total gross annual income from
				the previous year. Total gross annual income is not limited to the sales or
				distribution of registered products.
Total gross annual income in previous calendar
							 year
New company fee due
$0 - $249,999
$125.00
$250,000 - $999,999
$250.00
$1,000,000 - $4,999,999
$500.00
$5,000,000 - $19,999,999
$1,000.00
$20,000,000 - $49,999,999
$1,750.00
$50,000,000 - and up
$2,400.00
(b)
				Businesses who do not wish to disclose their gross annual income may instead
				choose to pay the maximum company fee of $2,400.
(c) A new application fee includes a product
				fee which is assessed based on the total number of products included in the
				application. The product fee is $350 per product application.
(d) While a registrant's account is active,
				with either listed products or products pending evaluation, companies may
				submit applications for new products without incurring a company fee. The
				product fee is $350 per product included in subsequent applications.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-210 - Labels and logos

Current through Register Vol. 24-14, July 15, 2024
(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 may be printed in black and
				  white as displayed in this chapter. Alternatively, a color version with blue
				  leaves, circle and background may be used. Electronic copies of the logos are
				  available by request from the department.
(2) Registered materials are not certified as
				organic by the department and are prohibited from making claims indicating
				products are "certified organic" or similar term.
(3) Materials that are not registered under
				this chapter are prohibited from using the statement or the logo in this
				section in the labeling of the material.
(4) In addition to the other limitations
				expressed in this chapter and chapter 15.86 RCW, registration does not imply
				the Washington department of agriculture endorses the use of the product, does
				not make any guarantee that the material performs as represented by the
				registrant, and does not guarantee acceptance for use in organic production by
				certifying agents other than the department.
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Statutory Authority:
					 RCW
					 15.86.060,
					 15.86.130, and
					 chapter
					 34.05 RCW. 10-19-018,
					 § 16-160-210, filed 9/8/10, effective
					 10/9/10.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-160 - Registration of materials for organic food production › Section 16-160-220 - Suspension, revocation, cancellation, and denial of registrations

Current through Register Vol. 24-14, July 15, 2024
(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 has failed to meet the registration criteria
				established under chapter 15.86 RCW or chapter 16-160 WAC, or violated any
				other provision under chapter 15.86 RCW or chapter 16-160 WAC.
(2) Product applications or listings will be
				revoked, canceled, or denied if a material fails to meet the standards for
				approval or is no longer approved for use in organic production, processing, or
				handling by the National Organic Program.
Statutory Authority:
					 RCW
					 15.86.060,
					 15.86.130, and
					 chapter
					 34.05 RCW. 10-19-018,
					 § 16-160-220, filed 9/8/10, effective
					 10/9/10.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-165 - Food inspection › Section 16-165-100 - Food establishments-Inspection criteria-Purpose

Current through Register Vol. 24-14, July 15, 2024
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, and 15.130 RCW, and
				regulations adopted thereunder, including Title 21 C.F.R.
(2) Identify steps leading to enforcement
				actions by the department.
(3)
				Establish criteria for licensing food establishments under chapters 69.07 and
				69.10 RCW.
Statutory Authority: RCW 16.49.680, 19.32.030,
					 69.04.730,
					 69.07.020 and
					 69.10.055. 99-13-001, §
					 16-165-100, filed 6/3/99, effective
					 7/4/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-165 - Food inspection › Section 16-165-110 - Food processor licensing-New application-Inspection criteria

Current through Register Vol. 24-14, July 15, 2024
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 facility. The
				  facility must be in compliance with the following requirements prior to
				  issuance of a license:
The food processing facility must achieve a score of ninety
				  points or higher on the prelicensing inspection AND be in compliance with
				  licensing criteria. Refer to WAC
				  16-165-140
				  for the inspection criteria. For the purposes of licensing, a food processing
				  facility may incur a one-point debit of a licensing criteria that has sliding
				  scale.
Statutory Authority: RCW 16.49.680, 19.32.030,
					 69.04.730,
					 69.07.020 and
					 69.10.055. 99-13-001, §
					 16-165-110, filed 6/3/99, effective
					 7/4/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-165 - Food inspection › Section 16-165-120 - Food establishments-Definitions

Current through Register Vol. 24-14, July 15, 2024
(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 that which is needed to accomplish the intended purpose in keeping with
				good public health practice.
(b)
				"Critical violation" means a violation of the inspection criteria that is a
				direct violation of
				RCW
				15.130.200 with respect to adulterated food
				or a violation that results in food adulteration that could cause injury or
				illness in consumers, or that has the potential to contribute to conditions
				resulting in such adulteration.
(c)
				"Department" means the department of agriculture of the state of Washington
				(WSDA).
(d) "Director" means the
				director of agriculture.
(e)
				"Establishment or food establishment" means any premise, plant, building, room,
				area, or facility which processes, prepares, handles or stores food or food
				products for sale in intrastate commerce including food processors, food
				storage warehouses, custom slaughter operations, refrigerated lockers, and
				dairy manufacturing plants.
(f)
				"Licensing criteria violation" means any violation of the inspection criteria
				required to be in compliance prior to the issuance of a food processor's
				license under chapter 69.07 RCW.
(g) "Sanitize" means to adequately treat food
				contact surfaces by a process that is effective in destroying vegetative cells
				of microorganisms of public health significance, and in substantially reducing
				numbers of other undesirable microorganisms, but without adversely affecting
				the product or its safety for the consumer.
(h) "Significant violation" means any
				violation of the inspection criteria not deemed to be a critical violation as
				defined in WAC
				16-165-140(2).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-165 - Food inspection › Section 16-165-130 - Food establishments-Inspection criteria definitions-Interpretations

Current through Register Vol. 24-14, July 15, 2024
WSDA 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 clothing, which can occasionally or incidentally
				contact food, either directly or indirectly, is:
(a) Clean at the start of the work shift;
				and
(b) Changed when the clothing
				becomes so soiled during the course of the work shift that contamination of
				food, food packaging or food contact surfaces becomes imminent; and
(c) Suitable to the specific food processing
				operation for protection against the contamination of food, food packaging, and
				food contact surfaces.
Clean and effective hair restraints, such as hairnets, or
				  beard nets if appropriate, are worn for the protection of food from
				  contamination. Hats, caps, scarves or other head cover are acceptable if the
				  hair is properly contained to protect food from contamination. Hair spray
				  and/or tying back the hair in ponytails, etc., are not considered effective
				  hair restraints.