Washington State Retail Food Code

Washington State Department of Health Food Safety Program • www.doh.wa.gov/foodsafety • 360-236-3330

Washington State

Retail Food Code

Chapter 246-215

Washington Administrative Code (WAC)

Effective March 1, 2022

DOH 332-033 March 2022

To request this document in another format, call 1-800-525-0127. Deaf or hard of hearing

customers, please call 711 (Washington Relay) or email civil.right[email protected].gov.

CONTENTS

PREFACE __________________________________________________________________________ i

PART 1: INTENT, SCOPE, AND DEFINITIONS __________________________________________ 1

PART 2: MANAGEMENT AND PERSONNEL ___________________________________________ 17

PART 3: FOOD ___________________________________________________________________ 27

PART 4: EQUIPMENT, UTENSILS AND LINENS ________________________________________ 57

PART 5: WATER, PLUMBING AND WASTE ___________________________________________ 79

PART 6: PHYSICAL FACILITIES _____________________________________________________ 89

PART 7: POISONOUS OR TOXIC MATERIALS _________________________________________ 99

PART 8: COMPLIANCE AND ENFORCEMENT ________________________________________ 103

PART 9: ALTERNATIVE FOOD FACILITIES __________________________________________ 117

PART 10: SEVERABILITY __________________________________________________________ 131

INDEX _______________________________________________________________________ 133

Preface – 246-215 WAC Washington State Retail Food Code i

PREFACE

On October 13, 2020, Washington State Board of Health adopted the revised chapter 246-215

Washington Administrative Code (WAC). The revised rule incorporates the 2017 U.S. Food and Drug

Administration Food Code with modifications from Washington stakeholders.

The current version of WAC 246-215 is online: www.doh.wa.gov/Portals/1/Documents/Pubs/332-033.pdf

Official rule language is available online: https://apps.leg.wa.gov/WAC/default.aspx?cite=246-215.

ERRATA

The following clarification edits have been made to this document after the rule was finalized. Verify official

rule language on the code reviser’s website when citing the rule.

Part CR 103 Language Update Made

01115(42) …scale, sink slicer… …scale, sink, slicer…

01115(50)(c)(xi) 43.215.010 43.216.010

01115(80)(b)(ii) …serving food… …serving FOOD…

01115(127)(b)(ii) …as specified in subsection (3)(d)… …as specified in subsection (c)(iv)…

02320(1)(b)(iii) GRAS GRAS

02335 17 FDA Food Code 2-304.11 FDA Food Code 2-304.11

03270(1)(b)(4)

"() THIS TAG IS REQUIRED TO BE

ATTACHED UNTIL CONTAINER IS

EMPTY AND THEREAFTER KEPT ON

FILE FOR 90 DAYS."

"THIS TAG IS REQUIRED TO BE

ATTACHED UNTIL CONTAINER IS

EMPTY AND THEREAFTER KEPT ON

FILE FOR 90 DAYS."

03300(5)

…that include: Diagrams… …that include diagrams…

03300(2)

…subsection (4)… …subsections (4) and (5)…

03300(5)(g)

…of this subsection are not followed; …of this subsection are not followed.

03321

…or EGG yokes is prohibited. …or EGG yolks is prohibited.

03330

…04600 through 04650 …04600 through 04645

03400(2)(b)

(b) In an oven that is preheated to the

temperature specified for the roast's

weight in Table 3-3 and that is held at

that temperature; and

and

(b) In an oven that is preheated to the

temperature specified for the roast's

weight in Table 3-3 and that is held at

that temperature:

03526(4)(b)

(c)

…on the premises… …on the PREMISES…

03527

…no ability to validate… …there is no ability to validate…

03530(4)

…03530(4), may not be used… …03530(3), may not be used…

03800(5)

03530(4) 03530(3)

05215

…or EQUIPMENT,… …or EQUIPMENT must…

06280

Exterior walking and driving services… Exterior walking and driving surfaces…

06300

Handwashing sinks HANDWASHING SINKS

07235(1)(e)

APPROVED for use as a drying agent

under a prior sanction specified in 21

C.F.R. 181 - Prior Sanctioned Food

Ingredients;

APPROVED for use as a drying agent

under a prior sanction as described in the

Federal Food Drug and Cosmetic Act

(FFDCA) § 201(s)(4)

07235(1)(f)

Specifically regulated as an indirect

FOOD

ADDITIVE

for use as a drying agent as

specified in 21 C.F.R. Parts 175-178;

Specifically regulated as an indirect

FOOD

ADDITIVE

for use as a drying agent as

specified in 21 C.F.R. Parts 174-178;

09127(2)(f) …cleaning and sanitizing; …cleaning and SANITIZING;

09410 unpackaged food unPACKAGED FOOD

Part 1 – Intent, Scope, and Definitions 1

PART 1: INTENT, SCOPE, AND DEFINITIONS

01100 Intent – Food safety, illness prevention, and honest presentation (FDA Food Code

1-102.10)

The purpose of this chapter is to safeguard public health and provide to

CONSUMERS FOOD that

is safe, not

ADULTERATED, and honestly presented.

01105 Scope – Statement (FDA Food Code 1-103.10)

This chapter establishes definitions; sets standards for management and personnel,

FOOD

operations, and

EQUIPMENT and facilities; and provides for FOOD ESTABLISHMENT plan review,

PERMIT issuance, inspection, EMPLOYEE RESTRICTION, and PERMIT suspension. This chapter

adopts, with modification, the 2017 Food Code published by the United States Department of

Health and Human Services, Public Health Service, Food and Drug Administration.

01110 Applicability

(1) The requirements of this chapter apply to an operation that meets the definition of a

FOOD ESTABLISHMENT as defined in 01115(50).

(2) When a

LOCAL BOARD OF HEALTH adopts rules with more stringent provisions than those

contained in this chapter, the more stringent rules apply.

01115 Definitions, abbreviations, and acronyms (FDA Food Code 1-201.10(B))

The definitions in this section apply throughout this chapter unless the context clearly indicates

otherwise.

(1) "

ACCREDITED PROGRAM."

(a)

ACCREDITED PROGRAM means a food protection manager certification program that

has been evaluated and listed by an accrediting agency as conforming to national

standards for organizations that certify individuals.

(b)

ACCREDITED PROGRAM refers to the certification process and is a designation

based upon an independent evaluation of factors such as the sponsor's mission;

organizational structure; staff resources; revenue sources; policies; public

information regarding program scope, eligibility requirements, recertification,

discipline, and grievance procedures; and test development and administration.

(c)

ACCREDITED PROGRAM does not refer to training functions or educational

programs.

(2) “

ACTIVE MANAGERIAL CONTROL” means the purposeful use of specific policies and

procedures in the

FOOD ESTABLISHMENT to control foodborne illness risk factors. It

embodies a preventive rather than reactive approach to food safety through a

continuous system of training, monitoring, and verification.

(3) "

ADDITIVE."

(a) "

FOOD ADDITIVE" has the meaning stated in the Federal Food, Drug, and Cosmetic

Act, Section 201(s) and 21 C.F.R. 170.3(e)(1).

(b) "

COLOR ADDITIVE" has the meaning stated in the Federal Food, Drug, and

Cosmetic Act, Section 201(t) and 21 C.F.R. 70.3(f).

(4) "

ADULTERATED" has the meaning stated in the Federal Food, Drug, and Cosmetic Act,

Section 402.

(5) "

APPROVED" means acceptable to the REGULATORY AUTHORITY based on a determination

of conformity with principles, practices, and generally recognized standards that protect

public health.

(6) “

ASIAN RICE-BASED NOODLES” means a rice-based pasta that contains rice powder,

water, wheat starch, vegetable cooking oil, and optional ingredients to modify the pH or

water activity, or to provide a preservative effect. The ingredients do not include

products derived from animals. The rice-based pasta is prepared by using a traditional

method that includes cooking by steaming at not less than one hundred thirty degrees

Fahrenheit, for not less than four minutes.

Page 2 Washington State Retail Food Code

(7) "ASYMPTOMATIC."

(a)

ASYMPTOMATIC means without obvious symptoms; not showing or producing

indications of a disease or other medical condition, such as an individual infected

with a pathogen but not exhibiting or producing any signs or symptoms of

vomiting, diarrhea, or jaundice.

(b)

ASYMPTOMATIC includes not showing symptoms because symptoms have resolved

or subsided, or because symptoms never manifested.

(8) "

" means water activity which is a measure of the free moisture in a FOOD, is the

quotient of the water vapor pressure of the substance divided by the vapor pressure of

pure water at the same temperature, and is indicated by the symbol A

(9) "

BALUT" means an embryo inside a fertile EGG that has been incubated for a period

sufficient for the embryo to reach a specific stage of development after which it is

removed from incubation before hatching.

(10) "

BED AND BREAKFAST OPERATION" means a private home or inn offering one or more

lodging units on a temporary basis to travelers.

(11) "

BEVERAGE" means a liquid for drinking, including water.

(12) "

BOTTLED DRINKING WATER" means water that is SEALED in bottles, packages, or other

containers and offered for sale for human consumption, including bottled mineral water.

(13) "

CATERING OPERATION."

(a)

CATERING OPERATION means a PERSON who contracts with a client to prepare a

specific menu and amount of

FOOD in an APPROVED FOOD ESTABLISHMENT for

service to the client's guests or customers at a different location.

(b) Consistent with its application under 08325, a

CATERING OPERATION APPROVED for

PERMIT may cook or perform final preparation on certain FOOD at the service

location.

(14) "

CERTIFICATION NUMBER" means a unique combination of letters and numbers assigned

by a

SHELLFISH CONTROL AUTHORITY to a MOLLUSCAN SHELLFISH DEALER according to the

provisions of the National Shellfish Sanitation Program.

(15) “

CERTIFIED FOOD PROTECTION MANAGER” means an EMPLOYEE with the authority to

implement food protection measures and who meets the certification requirements

listed by a Conference for Food Protection-recognized accrediting agency as

conforming to the Conference for Food Protection Standards for Accreditation of Food

Protection Manager Certification Programs.

(16) "

C.F.R." means Code of Federal Regulations. Citations in this chapter to the C.F.R.

refer sequentially to the Title, Part, and Section numbers, such as 40 C.F.R. 180.194

refers to Title 40, Part 180, Section 194.

(17) "

CIP."

(a)

CIP means cleaned in place by the circulation or flowing by mechanical means

through a piping system of a detergent solution, water rinse, and

SANITIZING

solution onto or over

EQUIPMENT surfaces that require cleaning, such as the

method used, in part, to clean and

SANITIZE a frozen dessert machine.

(b)

CIP does not include the cleaning of EQUIPMENT such as band saws, slicers, or

mixers that are subject to in-place manual cleaning without the use of a

CIP

system.

(18) "

COMMINGLE" means:

(a) To combine

SHELLSTOCK harvested on different days or from different growing

areas as identified on the tag or label, or

(b) To combine

SHUCKED SHELLFISH from containers with different container codes or

different shucking dates.

Part 1 – Intent, Scope, and Definitions 3

(19) "COMMINUTED."

(a)

COMMINUTED means reduced in size by methods including chopping, flaking,

grinding, or mincing.

(b)

COMMINUTED includes FISH or MEAT products that are reduced in size and

restructured or reformulated such as gefilte

FISH, gyros, ground beef, and

sausage; and a mixture of two or more types of

MEAT that have been reduced in

size and combined, such as sausage made from two or more

MEATS.

(20) "

COMMISSARY" means an APPROVED FOOD ESTABLISHMENT where FOOD is stored,

prepared, portioned, or

PACKAGED for service elsewhere.

(21) "

CONDITIONAL EMPLOYEE" means a potential FOOD EMPLOYEE to whom a job offer is

made, conditional on responses to subsequent medical questions or examinations

designed to identify potential

FOOD EMPLOYEES who may be suffering from a disease

that can be transmitted through

FOOD and done in compliance with Title 1 of the

Americans with Disabilities Act of 1990.

(22) "

CONFIRMED DISEASE OUTBREAK" means a FOODBORNE DISEASE OUTBREAK in which

laboratory analysis of appropriate specimens identifies a causative agent and

epidemiological analysis implicates the

FOOD as the source of the illness.

(23) "

CONSUMER" means a PERSON who is a member of the public, takes possession of

FOOD, is not functioning in the capacity of an operator of a FOOD ESTABLISHMENT or

FOOD PROCESSING PLANT, and does not offer the FOOD for resale.

(24) "

CORROSION-RESISTANT" means a material that maintains acceptable surface

cleanability characteristics under prolonged influence of the

FOOD to be contacted, the

normal use of cleaning compounds and

SANITIZING solutions, and other conditions of

the use environment.

(25) "

COUNTER-MOUNTED EQUIPMENT" means EQUIPMENT that is not portable and is designed

to be mounted off the floor on a table, counter, or shelf.

(26) "

CRITICAL CONTROL POINT" means a point or procedure in a specific FOOD system where

loss of control might result in an unacceptable health

RISK.

(27) "

CRITICAL LIMIT" means the maximum or minimum value to which a physical, biological,

or chemical parameter must be controlled at a

CRITICAL CONTROL POINT to minimize the

RISK that the identified FOOD safety HAZARD might occur.

(28) "

CUT LEAFY GREENS" means fresh leafy greens whose leaves have been cut, shredded,

sliced, chopped, or torn. The term "leafy greens" includes iceberg lettuce, romaine

lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce or leafy

greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula, and chard. The

term "leafy greens" does not include herbs such as cilantro or parsley. The term "cut"

does not include removing and discarding the exterior leaves.

(29) "

DEALER" means a PERSON who is authorized by a SHELLFISH CONTROL AUTHORITY for the

activities of

SHELLSTOCK shipper, shucker-packer, repacker, reshipper, or depuration

processor of

MOLLUSCAN SHELLFISH according to the provisions of the National Shellfish

Sanitation Program.

(30) "

DISCLOSURE" means a written statement that clearly identifies the animal-derived

FOODS which are, or can be ordered, raw, undercooked, or without otherwise being

processed to eliminate pathogens, or items that contain an ingredient that is raw,

undercooked, or without otherwise being processed to eliminate pathogens.

(31) "

DONATED FOOD DISTRIBUTING ORGANIZATION" means a FOOD ESTABLISHMENT that is a

charitable nonprofit organization under Section 501(c) of the federal Internal Revenue

Code that distributes

FOOD free of charge to the needy.

(32) "

DONOR" means a PERSON, corporation, association, or other organization that donates

FOOD to a DONATED FOOD DISTRIBUTING ORGANIZATION under the provisions of chapter

69.80 RCW, known as the Good Samaritan Food Donation Act.

Page 4 Washington State Retail Food Code

(33) "DONOR KITCHEN" means a kitchen that is used by a DONOR to handle, store, or prepare

FOOD for donation to needy PERSONS through a DONATED FOOD DISTRIBUTING

ORGANIZATION

and which is not a residential kitchen in a private home.

(34) "

DRINKING WATER."

(a)

DRINKING WATER means water that meets 40 C.F.R. 141, National Primary

Drinking Water Regulations.

(b)

DRINKING WATER is traditionally known as "potable water."

(c)

DRINKING WATER includes the term "water" except where the term used connotes

that the water is not potable, such as "boiler water," "mop water," "rainwater,"

"wastewater," and "nondrinking" water.

(d)

DRINKING WATER means potable water that is supplied in compliance with chapters

246-290 and 246-291 WAC.

(35) "

DRY STORAGE" means a room or area designated for the storage of PACKAGED or

containerized bulk

FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD and

dry goods such as

SINGLE-SERVICE ARTICLES.

(36) "

EASILY CLEANABLE."

(a)

EASILY CLEANABLE means a characteristic of a surface that:

(i) Allows effective removal of soil by normal cleaning methods;

(ii) Is dependent on the material, design, construction, and installation of the

surface; and

(iii) Varies with the likelihood of the surface's role in introducing pathogenic or

toxigenic agents or other contaminants into

FOOD based on the surface's

APPROVED placement, purpose and use.

(b)

EASILY CLEANABLE includes a tiered application of the requirements that qualify the

surface as

EASILY CLEANABLE as specified in (a) of this subsection to different

situations in which varying degrees of cleanability are required such as:

(i) The appropriateness of stainless steel for a

FOOD preparation surface as

opposed to the lack of need for stainless steel to be used for floors or for

tables used for consumer dining; or

(ii) The need for a different degree of cleanability for a utilitarian attachment or

accessory in the kitchen as opposed to a decorative attachment or

accessory in the

CONSUMER dining area.

(37) "

EASILY MOVABLE" means:

(a) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical

means to safely tilt a unit of

EQUIPMENT for cleaning; and

(b) Having no utility connection, a utility connection that disconnects quickly, or a

flexible utility connection line of sufficient length to allow the

EQUIPMENT to be

moved for cleaning of the

EQUIPMENT and adjacent area.

(38) "

EGG."

(a)

EGG means the shell EGG of avian species such as chicken, duck, goose, guinea,

quail,

RATITES, turkey, or any other species of fowl.

(b)

EGG does not include:

(i) A

BALUT;

(ii) The

EGG of a reptile species such as alligator; or

(iii) An

EGG PRODUCT.

(39) "

EGG PRODUCT."

(a)

EGG PRODUCT means all, or a portion of, the contents found inside EGGS separated

from the shell and pasteurized in a

FOOD PROCESSING PLANT, with or without added

ingredients, intended for human consumption such as dried, frozen, or liquid

EGGS.

Part 1 – Intent, Scope, and Definitions 5

(b) EGG PRODUCT does not include FOOD which contains EGGS only in a relatively

small proportion such as cake mixes.

(40) "

EMPLOYEE" means the PERMIT HOLDER, PERSON IN CHARGE, FOOD EMPLOYEE, PERSON

having supervisory or management duties, PERSON on the payroll, family member,

volunteer,

PERSON performing work under contractual agreement, or other PERSON

working in a FOOD ESTABLISHMENT.

(41) "

EPA" means the United States Environmental Protection Agency.

(42) "

EQUIPMENT."

(a)

EQUIPMENT means an article that is used in the operation of a FOOD

ESTABLISHMENT

such as a freezer, grinder, hood, ice maker, MEAT block, mixer,

oven, reach-in refrigerator, scale, sink, slicer, stove, table,

TEMPERATURE

MEASURING DEVICE

for ambient air, VENDING MACHINE, or WAREWASHING machine.

(b)

EQUIPMENT does not include items used for handling or storing large quantities of

PACKAGED FOODS that are received from a supplier in a cased or overwrapped lot,

such as hand trucks, forklifts, dollies, pallets, racks, and skids.

(43) "

EXCLUDE" means to prevent a PERSON from working as an EMPLOYEE in a FOOD

ESTABLISHMENT

or entering a FOOD ESTABLISHMENT as an EMPLOYEE.

(44) "

FDA" means the United States Food and Drug Administration.

(45) "

FISH."

(a)

FISH means fresh or saltwater finfish, crustaceans, mollusks, and other forms of

aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and

sea urchin and the roe of such animals) other than birds or mammals, if such

animal life is intended for human consumption.

(b)

FISH includes an edible human FOOD product derived in whole or in part from FISH,

including

FISH that have been processed in any manner.

(46) "

FOOD" means a raw, cooked, or processed edible substance, ice, BEVERAGE, or

ingredient used or intended for use or for sale in whole or in part for human

consumption, or chewing gum.

(47) "

FOODBORNE DISEASE OUTBREAK" means the occurrence of two or more cases of a

similar illness resulting from the ingestion of a common

FOOD.

(48) "

FOOD-CONTACT SURFACE" means:

(a) A surface of

EQUIPMENT or a UTENSIL with which FOOD normally comes into

contact; or

(b) A surface of

EQUIPMENT or a UTENSIL from which FOOD might drain, drip or splash:

(i) Into a

FOOD; or

(ii) Onto a surface normally in contact with

FOOD.

(49) "

FOOD EMPLOYEE" means an individual working with unPACKAGED FOOD, FOOD

EQUIPMENT or UTENSILS, or FOOD-CONTACT SURFACES.

(50) "

FOOD ESTABLISHMENT."

(a)

FOOD ESTABLISHMENT means an operation that:

(i) Stores, prepares,

PACKAGES, serves, and vends FOOD directly to the

CONSUMER, or otherwise provides FOOD for human consumption such as a

restaurant; satellite or catered feeding location;

CATERING OPERATION if the

operation provides

FOOD directly to a CONSUMER or to a conveyance used to

transport people; market; vending location; conveyance used to transport

people; institution; or

FOOD bank; and

(ii) Relinquishes possession of

FOOD to a CONSUMER directly, or indirectly

through a delivery service such as home delivery or grocery orders or

restaurant takeout orders, or delivery service that is provided by common

carriers.

Page 6 Washington State Retail Food Code

(b) FOOD ESTABLISHMENT includes:

(i) An element of the operation such as a transportation vehicle or a central

preparation facility that supplies a vending location or satellite feeding

location unless the vending or feeding location is

PERMITTED by the

REGULATORY AUTHORITY; and

(ii) An operation that is conducted in a mobile, stationary, temporary, or

permanent facility or location; where consumption is on or off the

PREMISES;

and regardless of whether there is a charge for the

FOOD.

(c)

FOOD ESTABLISHMENT does not include:

(i) An establishment that offers only non

TIME/TEMPERATURE CONTROL FOR

SAFETY

FOOD prePACKAGED in a licensed FOOD ESTABLISHMENT or FOOD

PROCESSING PLANT

;

(ii) An establishment that offers only non

TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

, nonREADY-TO-EAT, minimally cut, unprocessed fruits,

vegetables, and fresh herbs or;

(iii) A

FOOD PROCESSING PLANT, cottage FOOD operation, or other establishment

for activities regulated by the Washington State Department of Agriculture

or the United States Department of Agriculture;

(iv) An establishment that offers only non

TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

, READY-TO-EAT FOOD produced in a licensed FOOD

ESTABLISHMENT or FOOD PROCESSING PLANT (such as premixed soda pop,

powdered creamer, pretzels, cookies, doughnuts, cake, or

MEAT jerky) that

are served from the original package without direct hand contact, with

limited portioning, directly onto or into sanitary

SINGLE-USE ARTICLES or

SINGLE-SERVICE ARTICLES;

(v) An establishment that offers only non

TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

, hot BEVERAGES (such as coffee, tea, or pasteurized apple

cider) served directly into sanitary

SINGLE-SERVICE ARTICLES;

(vi) An establishment that offers only dry non

TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

, nonREADY-TO-EAT FOODS with no additional processing (such

as dry beans, dry grains, in-shell nuts, coffee beans, tea leaves, or herbs

for tea);

(vii) An establishment that offers only pre

PACKAGED frozen confections

produced in a licensed

FOOD ESTABLISHMENT or FOOD PROCESSING PLANT;

(viii) A residential kitchen in a private home or other location, if only

FOODS that

are non

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD baked goods are

prepared and wrapped in a sanitary manner for sale or service by a

nonprofit organization operating for religious, charitable, or educational

purposes and if the

CONSUMER is informed by a clearly visible placard at the

sales or service location that the

FOODS are prepared in a kitchen that is not

inspected by a

REGULATORY AUTHORITY;

(ix) A location where

FOODS that are prepared as specified in (c)(viii) of this

subsection are sold or offered for human consumption;

(x) A hotel, motel, or other similar business that maintains an ice dispensing

machine for self-service use by guests and the ice is not used by a

FOOD

ESTABLISHMENT

;

(xi) A kitchen in a private home operated as a family day care provider as

defined in RCW 43.216.010 (1)(c) or an adult family home as defined in

RCW 70.128.010, used only to prepare

FOOD for residents and other people

for whom the operation is licensed to provide care;

(xii) A private home that receives catered or home-delivered

FOOD;

(xiii) A private home or other location used for a

PRIVATE EVENT;

(xiv) A

DONOR KITCHEN;

(xv) A location used for a

POTLUCK;

(xvi) A location, not including special events as defined in RCW 82.32.033,

operating thirty or fewer days per calendar year, used by a person under

the age of eighteen for the sale of nonalcoholic beverages, such as

Part 1 – Intent, Scope, and Definitions 7

lemonade, using nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD with no

direct hand contact and served directly into

SINGLE-SERVICE ARTICLES; and

(xvii) A

BED AND BREAKFAST OPERATION that prepares and offers FOOD to guests if

the home is owner occupied, the number of available guest bedrooms does

not exceed two, breakfast is the only meal offered, and the

CONSUMER is

informed in published advertisements, mailed brochures, and placards

posted at the registration area that the

FOOD is prepared in a kitchen that is

not regulated or inspected by the

REGULATORY AUTHORITY.

(51) "

FOOD PROCESSING PLANT."

(a)

FOOD PROCESSING PLANT means a commercial operation that manufactures,

packages, labels, or stores

FOOD for human consumption, and provides FOOD for

sale or distribution to other business entities such as

FOOD PROCESSING PLANTS or

FOOD ESTABLISHMENTS.

(b)

FOOD PROCESSING PLANT does not include a FOOD ESTABLISHMENT.

(52) "

FOOD WORKER CARD" means a FOOD and BEVERAGE service worker's permit as required

under chapter 69.06 RCW.

(53) "

GAME ANIMAL."

(a)

GAME ANIMAL means an animal, the products of which are FOOD, that is not

classified as livestock, sheep, swine, goat, horse, mule, or other equine in 9

C.F.R. 301.2 Definitions, or as

POULTRY, or FISH.

(b)

GAME ANIMAL includes mammals such as reindeer, elk, deer, antelope, water

buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and

nonaquatic reptiles such as land snakes.

(c)

GAME ANIMAL does not include RATITES.

(54) "

GRADE A STANDARDS" means the requirements of the United States Public Health

Service/FDA "Grade A Pasteurized Milk Ordinance" with which certain fluid and dry

milk and milk products comply.

(55) "

HACCP PLAN" means a written document that delineates the formal procedures for

following the Hazard Analysis and Critical Control Point principles developed by The

National Advisory Committee on Microbiological Criteria for Foods.

(56) "

HANDWASHING SINK."

(a)

HANDWASHING SINK means a lavatory, a basin or vessel for washing, a wash basin,

or a

PLUMBING FIXTURE especially placed for use in personal hygiene and designed

for the washing of the hands.

(b)

HANDWASHING SINK includes an automatic handwashing facility.

(57) "

HAZARD" means a biological, chemical, or physical property that might cause an

unacceptable

CONSUMER health RISK.

(58) "

HEALTH PRACTITIONER" means a physician licensed to practice medicine, or if allowed

LAW, a nurse practitioner, physician assistant or similar medical professional.

(59) "

HERMETICALLY SEALED CONTAINER" means a container that is designed and intended to

be secure against the entry of microorganisms and, in the case of low acid canned

FOODS, to maintain the commercial sterility of its contents after processing.

(60) "

HIGHLY SUSCEPTIBLE POPULATION" means people who are more likely than others in the

general population to experience foodborne disease because they are:

(a) Immunocompromised,

PRESCHOOL age children, or older adults; and

(b) Obtaining

FOOD at a facility that provides services in a custodial care, health care,

or assisted living, setting including, but not limited to child or adult day care

center, kidney dialysis center, hospital or nursing home, or nutritional or

socialization services such as a senior center.

(61) "

IMMEDIATE SERVICE" means service to the public within thirty minutes of preparation.

Page 8 Washington State Retail Food Code

(62) "IMMINENT HEALTH HAZARD" means a significant threat or danger to health that is

considered to exist when there is evidence sufficient to show that a product, practice,

circumstance, or event creates a situation that requires immediate correction or

cessation of operation to prevent injury based on a fire, flood, extended interruption of

electrical or water service,

SEWAGE backup, misuse of POISONOUS OR TOXIC MATERIALS,

onset of an apparent

FOODBORNE DISEASE OUTBREAK, gross insanitary occurrence or

condition, or other circumstance that might endanger public health.

(63) "

INJECTED" means manipulating a MEAT to which a solution has been introduced into its

interior by processes that are referred to as "injecting," "pump marinating," or "stitch

pumping."

(64) “

INTACT MEAT” means a cut of whole muscle(s) MEAT that has not undergone

COMMINUTION, INJECTION, MECHANICAL TENDERIZATION, or reconstruction.

(65) "

JUICE."

(a)

JUICE means the aqueous liquid expressed or extracted from one or more fruits or

vegetables, purees of the edible portions of one or more fruits or vegetables, or

any concentrates of such liquid or puree.

(b)

JUICE does not include, for purposes of HACCP, liquids, purees, or concentrates

that are not used as

BEVERAGES or ingredients of BEVERAGES.

(66) "

KITCHENWARE" means FOOD preparation and storage UTENSILS.

(67) "

LAW" means applicable local, state, and federal statutes, regulations, and ordinances.

(68) "

LINENS" means fabric items such as cloth hampers, cloth napkins, table cloths, wiping

cloths, and work garments including cloth gloves.

(69) "

LOCAL BOARD OF HEALTH" means the county or district board of health.

(70) "

LOCAL HEALTH OFFICER" means the legally qualified physician who has been appointed

as the health officer for the county or district public health department.

(71) "

MAJOR FOOD ALLERGEN."

(a)

MAJOR FOOD ALLERGEN means:

(i) Milk,

EGG, FISH (such as bass, flounder, cod, and including crustacean

shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds,

pecans, or walnuts), wheat, peanuts, and soybeans; or

(ii) A

FOOD ingredient that contains protein derived from a FOOD as specified in

(a)(i) of this subsection.

(b)

MAJOR FOOD ALLERGEN does not include:

(i) Any highly refined oil derived from a

FOOD specified in (a)(i) of this

subsection and any ingredient derived from such highly refined oil; or

(ii) An ingredient that is exempt under the petition or notification process

specified in the Food Allergen Labeling and Consumer Protection Act of

2004. (Public Law 108-282.)

(72) "

MEAT" means the flesh of animals used as FOOD including the dressed flesh of cattle,

swine, sheep, or goats and other edible animals, except

FISH and POULTRY.

(73) "

MECHANICALLY TENDERIZED."

(a)

MECHANICALLY TENDERIZED means manipulating MEAT with deep penetration by

processes which may be referred to as "blade tenderizing," "jaccarding,"

"pinning," "needling," or using blades, pins, needles, or any mechanical device.

(b)

MECHANICALLY TENDERIZED does not include processes by which solutions are

INJECTED into MEAT.

(74) "

MG/L" means milligrams per liter, which is the metric equivalent of parts per million

(ppm).

(75) "

MOBILE FOOD UNIT" means a readily movable FOOD ESTABLISHMENT.

Part 1 – Intent, Scope, and Definitions 9

(76) “MOBILE PRIMARY PERMIT” means a PERMIT issued by a REGULATORY AUTHORITY to

operate a

MOBILE FOOD UNIT within the jurisdiction of the REGULATORY AUTHORITY where

the business is primarily located.

(77) “

MOBILE SECONDARY PERMIT” means a PERMIT issued by a REGULATORY AUTHORITY to an

applicant holding a valid

MOBILE PRIMARY PERMIT as detailed in RCW 43.20.149.

(78) "

MOLLUSCAN SHELLFISH" means any edible species of fresh or frozen oysters, clams,

mussels, and scallops or edible portions thereof, except when the scallop product

consists only of the shucked adductor muscle.

(79) "

NONCONTINUOUS COOKING."

(a)

NONCONTINUOUS COOKING means the cooking of FOOD in a FOOD ESTABLISHMENT

using a process in which the initial heating of the

FOOD is intentionally halted so

that it may be cooled and held for complete cooking at a later time prior to sale or

service.

(b)

NONCONTINUOUS COOKING does not include cooking procedures that only involve

temporarily interrupting or slowing an otherwise continuous cooking process.

(80) "

PACKAGED."

(a)

PACKAGED means bottled, canned, cartoned, securely bagged, or securely

wrapped, whether

PACKAGED in a FOOD ESTABLISHMENT or a FOOD PROCESSING

PLANT

(b)

PACKAGED does not include a wrapper, carry-out box, or other nondurable

container used by a

FOOD EMPLOYEE to protect the FOOD during service or delivery

to the

CONSUMER:

(i) Upon

CONSUMER request; or

(ii) During display at a staffed, self-service buffet line, or

VENDING MACHINE on

the

PREMISES serving FOOD prepared by the FOOD ESTABLISHMENT, such as

at a school.

(81) "

PERMIT" means the document issued by the REGULATORY AUTHORITY that authorizes a

PERSON to operate a FOOD ESTABLISHMENT.

(82) "

PERMIT HOLDER" means the entity that:

(a) Is legally responsible for the operation of the

FOOD ESTABLISHMENT such as the

owner, the owner's agent, or other

PERSON; and

(b) When required, possesses a valid

PERMIT to operate a FOOD ESTABLISHMENT.

(83) "

PERSON" means any individual, corporation, company, association, society, firm,

partnership, joint stock company, or any governmental agency, or the authorized

agents of these entities.

(84) "

PERSON IN CHARGE" means the individual present at a FOOD ESTABLISHMENT who is

responsible for the operation at the time.

(85) "

PERSONAL CARE ITEMS."

(a)

PERSONAL CARE ITEMS means items or substances that might be poisonous, toxic,

or a source of contamination and are used to maintain or enhance a

PERSON'S

health, hygiene, or appearance.

(b)

PERSONAL CARE ITEMS include items such as medicines; first-aid supplies; and

other items such as cosmetics, and toiletries such as toothpaste and mouthwash.

(86) "pH" means the symbol for the negative logarithm of the hydrogen ion concentration,

which is a measure of the degree of acidity or alkalinity of a solution. Values between

zero and seven indicate acidity and values between seven and fourteen indicate

alkalinity. The value for pure distilled water is seven, which is considered neutral.

(87) "

PHYSICAL FACILITIES" means the structure and interior surfaces of a FOOD

ESTABLISHMENT

including accessories such as soap and towel dispensers and

attachments such as light fixtures and heating or air conditioning system vents.

Page 10 Washington State Retail Food Code

(88) "PLUMBING FIXTURE" means a receptacle or device that:

(a) Is permanently or temporarily connected to the water distribution system of the

PREMISES and demands a supply of water from the system; or

(b) Discharges used water, waste materials, or

SEWAGE directly or indirectly to the

drainage system of the

PREMISES.

(89) "

PLUMBING SYSTEM" means the water supply and distribution pipes; PLUMBING FIXTURES

and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains,

including their respective connections, devices, and appurtenances within the

PREMISES; and water treating EQUIPMENT.

(90) "

POISONOUS OR TOXIC MATERIALS" means substances that are not intended for ingestion

and are included in four categories:

(a) Cleaners and

SANITIZERS, which include cleaning and SANITIZING agents and

agents such as caustics, acids, drying agents, polishes, and other chemicals;

(b) Pesticides, except

SANITIZERS, which include substances such as insecticides and

rodenticides;

such as non

FOOD grade lubricants and PERSONAL CARE ITEMS that might be

deleterious to health; and

(d) Substances that are not necessary for the operation and maintenance of the

establishment and are on the

PREMISES for retail sale, such as petroleum products

and paints.

(91) "

POTLUCK" means an event where:

(a) People are gathered to share

FOOD;

(b) People attending the event are expected to bring

FOOD to share;

FOOD to the event;

(d) There is no charge for any

FOOD or BEVERAGE provided at the event; and

(e) The event is not conducted for commercial purposes.

(92) "

POULTRY" means:

(a) Any domesticated bird (chickens, turkeys, ducks, geese, guineas,

RATITES, or

squabs), whether live or dead, as defined in 9 C.F.R. 381.1 Poultry Products

Inspection Regulations Definitions, Poultry; and

(b) Any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or

pigeon, whether live or dead, as defined in 9 C.F.R. 362.1 Voluntary Poultry

Inspection Regulations, Definitions.

(93) "

PREMISES" means:

(a) The

PHYSICAL FACILITY, its contents, and the contiguous land or property under the

control of the

PERMIT HOLDER; or

(b) The

PHYSICAL FACILITY, its contents, and the land or property not described under

(a) of this subsection if its facilities and contents are under control of the

PERMIT

HOLDER

and might impact FOOD ESTABLISHMENT personnel, facilities, or operations,

and a

FOOD ESTABLISHMENT is only one component of a larger operation such as a

health care facility, hotel, motel, school, recreational camp, or prison.

(94) "

PRESCHOOL."

(a)

PRESCHOOL means a program that provides organized care and education for

children below the age required for kindergarten entry. A

PRESCHOOL operates for

two or more days per week with no child enrolled on a regular basis for more than

four hours per day.

(b) A

PRESCHOOL does not include:

(i) Programs where the parent or guardian is present at each session;

(ii) Parent-child classes where the focus is on parent education;

(iii) Short-term parks and recreation programs;

Part 1 – Intent, Scope, and Definitions 11

(iv) Informal parent and child groups;

(v) Irregular babysitting;

(vi) Licensed child care; or

(vii)

FOOD preparation and service operations otherwise under PERMIT or license

by the

REGULATORY AUTHORITY.

(95) "

PRIMAL CUT" means a basic major cut into which carcasses and sides of MEAT are

separated, such as beef round, pork loin, lamb flank, or veal breast.

(96) "

PRIVATE EVENT" means a private gathering limited to members and guests of members

of a family, organization, or club, where the event is not open or advertised to the

general public, and where

FOOD is provided without compensation.

(97) "

PUBLIC WATER SYSTEM" means a DRINKING WATER system that is operated in

compliance with chapters 246-290 and 246-291 WAC.

(98) "

RATITE" means a flightless bird such as an emu, ostrich, or rhea.

(99) "

READY-TO-EAT FOOD."

(a)

READY-TO-EAT FOOD means FOOD that:

(i) Is in a form that is edible without additional preparation to achieve

FOOD

safety, as specified under 03400 (1) through (3) or 03405 or 03425; or

(ii) Is raw or partially cooked animal

FOOD and the CONSUMER is advised as

specified under 03400 (4)(a) and (c); or

(iii) Is prepared in accordance with a

VARIANCE that is granted as specified

under 03400 (4)(d); and

(iv) May receive additional preparation for palatability or aesthetic, epicurean,

gastronomic, or culinary purposes.

(b)

READY-TO-EAT FOOD includes:

(i) Raw animal

FOOD that is cooked as specified under 03400 or 03405, or

frozen as specified under 03425;

(ii) Raw fruits and vegetables that are washed as specified under 03318;

(iii) Fruits and vegetables that are cooked for hot holding, as specified under

03410;

(iv) All

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is cooked to the

temperature and time required for the specific

FOOD under 03400 through

03445 and cooled as specified under 03515;

(v) Plant

FOOD for which further washing, cooking, or other processing is not

required for

FOOD safety, and from which rinds, peels, husks, or shells, if

naturally present, are removed;

(vi) Substances derived from plants such as spices, seasonings, and sugar;

(vii) A bakery item such as bread, cakes, pies, fillings, or icing for which further

cooking is not required for

FOOD safety;

(viii) The following products that are produced in accordance with

USDA

guidelines and that have received a lethality treatment for pathogens: Dry,

fermented sausages, such as dry salami or pepperoni; salt cured

MEAT and

POULTRY products, such as prosciutto ham, country cured ham, and Parma

ham; and dried

MEAT and POULTRY products, such as jerky or beef sticks;

and

(ix)

FOODS manufactured according to 21 C.F.R. Part 113, Thermally

Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.

(100) "

RED HIGH RISK FACTORS" are improper practices or procedures identified as the most

prevalent contributing factors to foodborne illness or injury, as listed on the Food

Establishment Inspection Report form.

Page 12 Washington State Retail Food Code

(101) "REDUCED OXYGEN PACKAGING."

(a)

REDUCED OXYGEN PACKAGING means:

(i) The reduction of the amount of oxygen in a package by removing oxygen;

displacing oxygen and replacing it with another gas or combination of

gases; or otherwise controlling the oxygen content to a level below that

normally found in the atmosphere (approximately twenty-one percent at sea

level); and

(ii) A process as specified in (a)(i) of this subsection that involves a

FOOD for

which the

HAZARDS Clostridium botulinum or Listeria monocytogenes

require control in the final

PACKAGED form.

(b)

REDUCED OXYGEN PACKAGING includes:

(i) Vacuum packaging, in which air is removed from a package of

FOOD and

the package is

HERMETICALLY SEALED so that a vacuum remains inside the

package;

(ii) Modified atmosphere packaging, in which the atmosphere of a package of

FOOD is modified so that its composition is different from air but the

atmosphere might change over time due to the permeability of the

packaging material or the respiration of the

FOOD. Modified atmosphere

packaging includes reduction of the proportion of oxygen, total replacement

of oxygen, or an increase in the proportion of other gases such as carbon

dioxide or nitrogen;

(iii) Controlled atmosphere packaging, in which the atmosphere of a package of

FOOD is modified so that until the package is opened, its composition is

different from air, and continuous control of that atmosphere is maintained,

such as by using oxygen scavengers or a combination of total replacement

of oxygen, nonrespiring

FOOD, and impermeable packaging material;

(iv) Cook chill packaging, in which cooked

FOOD is hot filled into impermeable

bags which have the air expelled and are then

SEALED or crimped closed.

The bagged

FOOD is rapidly chilled and refrigerated at temperatures that

inhibit the growth of psychrotrophic pathogens; or

(v) Sous vide packaging, in which raw or partially cooked

FOOD is vacuum

packaged in an impermeable bag, cooked in the bag, rapidly chilled, and

refrigerated at temperatures that inhibit the growth of psychrotrophic

pathogens.

(102) "

REFUSE" means solid waste not carried by water through a SEWAGE system.

(103) "

REGULATORY AUTHORITY" means the local, state, or federal enforcement body or

authorized representative having jurisdiction over the

FOOD ESTABLISHMENT. The LOCAL

BOARD OF HEALTH

, acting through the LOCAL HEALTH OFFICER, is the REGULATORY

AUTHORITY

for the activity of a FOOD ESTABLISHMENT, except as otherwise provided by

LAW.

(104) "

REMINDER" means a written statement concerning the health RISK of consuming animal

FOODS raw, undercooked, or without otherwise being processed to eliminate

pathogens.

(105) "

RESERVICE" means the transfer of FOOD that is unused and returned by a CONSUMER

after being served or sold and in the possession of the

CONSUMER, to another PERSON.

RESERVICE does not include FOOD displayed on a self-service operation as described in

03369.

(106) "

RESTRICT" means to limit the activities of a FOOD EMPLOYEE so that there is no RISK of

transmitting a disease that is transmissible through

FOOD and the FOOD EMPLOYEE does

not work with exposed

FOOD, clean EQUIPMENT, UTENSILS, LINENS, unwrapped

SINGLE-SERVICE ARTICLES or unwrapped SINGLE-USE ARTICLES.

(107) "

RESTRICTED EGG" means any check, dirty EGG, incubator reject, inedible, leaker, or loss

as defined in 9 C.F.R. 590.

Part 1 – Intent, Scope, and Definitions 13

(108) "RESTRICTED USE PESTICIDE" means a pesticide product that contains the active

ingredients specified in 40 C.F.R. 152.175 Pesticides Classified for Restricted Use, and

that is limited to use by or under the direct supervision of a certified applicator.

(109) "

RISK" means the likelihood that an adverse health effect will occur within a population

as a result of a

HAZARD in a FOOD.

(110) "

SAFE MATERIAL" means:

(a) An article manufactured from or composed of materials that might not reasonably

be expected to result, directly or indirectly, in their becoming a component or

otherwise affecting the characteristics of any

FOOD;

(b) An

ADDITIVE that is used as specified in Section 409 of the federal Food, Drug, and

Cosmetic Act; or

ADDITIVES and that are used in conformity with

applicable regulations of the FDA.

(111) "

SANITIZATION" means the application of cumulative heat or chemicals on cleaned

FOOD-CONTACT SURFACES that, when evaluated for efficacy, is sufficient to yield a

reduction of five logs, which is equal to a 99.999% reduction, of representative disease

microorganisms of public health importance.

(112) "

SEALED" means free of cracks or other openings that allow the entry or passage of

moisture.

(113) "

SERVICE ANIMAL" means any dog or miniature horse, meeting the requirements in

RCW 49.60.040 that is individually trained to do work or perform tasks for the benefit of

an individual with a disability, including a physical, sensory, psychiatric, intellectual, or

other mental disability. The work or tasks performed by the service animal must be

directly related to the individual's disability. Examples of work or tasks include, but are

not limited to, assisting individuals who are blind or have low vision with navigation and

other tasks, alerting individuals who are deaf or hard of hearing to the presence of

people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair,

assisting an individual during a seizure, alerting individuals to the presence of

allergens, retrieving items such as medicine or the telephone, providing physical

support and assistance with balance and stability to individuals with mobility

disabilities, and helping persons with psychiatric and neurological disabilities by

pre-venting or interrupting impulsive or destructive behaviors.

The crime deterrent effects of an animal's presence and the provision of emotional

support, well-being, comfort, or companionship do not constitute work or tasks.

(114) "

SERVICING AREA" means an operating base location to which a MOBILE FOOD UNIT or

transportation vehicle returns regularly for such things as vehicle and

EQUIPMENT

cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and

boarding

FOOD.

(115) "

SEWAGE" means liquid waste containing animal or vegetable matter in suspension or

solution and may include liquids containing chemicals in solution.

(116) "

SHELLFISH CONTROL AUTHORITY" means a state, federal, foreign, tribal, or other

government entity legally responsible for administering a program that includes

certification of

MOLLUSCAN SHELLFISH harvesters and DEALERS for interstate commerce.

(117) "

SHELLSTOCK" means raw, in-shell MOLLUSCAN SHELLFISH.

(118) "

SHIGA TOXIN-PRODUCING ESCHERICHIA COLI" (STEC) means any E. coli capable of

producing Shiga toxins (also called verocytotoxins or "Shiga-like" toxins). STEC

infections can be asymptomatic or may result in a spectrum of illness ranging from mild

nonbloody diarrhea, to hemorrhagic colitis (i.e., bloody diarrhea), to hemolytic uremic

syndrome (HUS-a type of kidney failure). Examples include E. coli O157, E. coli O26,

and E. coli O145.

(119) "

SHUCKED SHELLFISH" means MOLLUSCAN SHELLFISH that have one or both shells

removed.

Page 14 Washington State Retail Food Code

(120) "SINGLE-SERVICE ARTICLES" means TABLEWARE, carry-out UTENSILS, and other items

such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are

designed and constructed for one-time, one-

PERSON use after which they are intended

for discard.

(121) "

SINGLE-USE ARTICLES."

(a)

SINGLE-USE ARTICLES means UTENSILS and bulk FOOD containers designed and

constructed to be used once and discarded.

(b)

SINGLE-USE ARTICLES includes items such as wax paper, butcher paper, plastic

wrap, formed aluminum

FOOD containers, jars, plastic tubs or buckets, bread

wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet

the materials, durability, strength, and cleanability specifications under 04100,

04200, and 04204 for multiuse

UTENSILS.

(122) "

SLACKING" means the process of moderating the temperature of a FOOD such as

allowing a

FOOD to gradually increase from a temperature of -10°F (-23°C) to 25°F

(-4°C) in preparation for deep-fat frying or to facilitate even heat penetration during the

cooking of previously block-frozen

FOOD such as shrimp.

(123) "

SMOOTH" means:

(a) A

FOOD-CONTACT SURFACE having a surface free of pits and inclusions with a

cleanability equal to or exceeding that of (100 grit) number three stainless steel;

(b) A non-

FOOD-CONTACT SURFACE of EQUIPMENT having a surface equal to that of

commercial grade hot-rolled steel free of visible scale; and

projections that render it difficult to clean.

(124) "

TABLEWARE" means eating, drinking, and serving UTENSILS for table use such as

flatware including forks, knives, and spoons; hollowware including bowls, cups, serving

dishes, and tumblers; and plates.

(125) "

TEMPERATURE MEASURING DEVICE" means a thermometer, thermocouple, thermistor, or

other device that indicates the temperature of

FOOD, air, or water.

(126) "

TEMPORARY FOOD ESTABLISHMENT" means a FOOD ESTABLISHMENT:

(a) Operating at a fixed location, with a fixed menu, for not more than twenty-one

consecutive days in conjunction with a single event or celebration, such as a fair

or festival; or

(b) Operating not more than three days a week at a fixed location, with a fixed menu,

in conjunction with an

APPROVED, recurring, organized event, such as a farmers

market.

(127)

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (TCS) (formerly “potentially hazardous

food” (PHF)).

(a)

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD means a FOOD that requires

time/temperature control for safety to limit pathogenic microorganism growth or

toxin formation.

(b)

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD includes:

(i) An animal

FOOD that is raw or heat-treated; a plant FOOD that is heat-treated

or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes

or mixtures of cut tomatoes that are not modified in a way so that they are

unable to support pathogenic microorganism growth or toxin formation,

fresh herb-in-oil mixtures, or garlic-in-oil mixtures that are not modified in a

way so that they are unable to support pathogenic microorganism growth or

toxin formation; and

(ii) Except as specified in subsection (c)(iv) of this definition, a

FOOD that

because of the interaction of its A

and pH values is designated as product

assessment required (PA) in Table A or B of this definition:

Part 1 – Intent, Scope, and Definitions 15

Table A. Interaction of pH and A

for control of spores in FOOD heat-treated to

destroy vegetative cells and subsequently

PACKAGED

values

pH values

4.6 or less

>4.6 - 5.6

>5.6

≤0.92

non-

TCS FOOD non- TCS FOOD non-TCS FOOD

>0.92 - .95

non-

TCS FOOD non- TCS FOOD PA

>0.95

non-

TCS FOOD PA PA

Table B. Interaction of pH and A

for control of vegetative cells and spores in

FOOD not heat-treated or heat-treated but not PACKAGED

values

pH values

<4.2 4.2 - 4.6 >4.6 - 5.0 >5.0

<0.88 non-TCS FOOD non-TCS FOOD non-TCS FOOD non-TCS FOOD

0.88 - 0.90 non-TCS FOOD non-TCS FOOD non-TCS FOOD PA

>0.90 - 0.92 non-TCS FOOD non-TCS FOOD PA PA

>0.92 non-TCS FOOD PA PA PA

(i) An air-cooled hard-boiled

EGG with shell intact, or an EGG with shell intact

that is not hard boiled, but has been pasteurized to destroy all viable

salmonellae;

(ii) A

FOOD in an unopened HERMETICALLY SEALED CONTAINER that is

commercially processed to achieve and maintain commercial sterility under

conditions of nonrefrigerated storage and distribution;

(iii) A

FOOD that because of its pH or A

value, or interaction of A

and pH

values, is designated as a non-

TCS FOOD in Table A or B of this subsection;

(iv) A

FOOD that is designated as product assessment required (PA) in Table A

or B of this subsection and has undergone a product assessment showing

that the growth or toxin formation of pathogenic microorganisms that are

reasonably likely to occur in that

FOOD is precluded due to:

(A) Intrinsic factors including added or natural characteristics of the

FOOD

such as preservatives, antimicrobials, humectants, acidulants or

nutrients;

(B) Extrinsic factors including environmental or operational factors that

affect the

FOOD such as packaging, modified atmosphere such as

REDUCED OXYGEN PACKAGING, shelf life and use, or temperature range

of storage and use; or

(v) A

FOOD that does not support the growth or toxic formation of pathogenic

microorganisms in accordance with (c)(i) through (iv) of this subsection

even though the

FOOD might contain a pathogenic microorganism or

chemical or physical contaminant at a level sufficient to cause illness or

injury.

(128) "

USDA" means the United States Department of Agriculture.

(129) "

UTENSIL" means a FOOD-contact implement or container used in the storage,

preparation, transportation, dispensing, sale, or service of

FOOD, such as KITCHENWARE

TABLEWARE that is multiuse, SINGLE-SERVICE, or SINGLE-USE; gloves used in contact

with

FOOD; temperature sensing probes of FOOD TEMPERATURE MEASURING DEVICES; and

probe-type price or identification tags used in contact with

FOOD.

Page 16 Washington State Retail Food Code

(130) "VARIANCE" means a written document issued by the REGULATORY AUTHORITY that

authorizes a modification or waiver of one or more requirements of this chapter if, in the

opinion of the

REGULATORY AUTHORITY, a health HAZARD or nuisance will not result from

the modification or waiver.

(131) "

VENDING MACHINE" means a self-service device that, upon insertion of a coin, paper

currency, token, card, or key, or by electronic transaction or optional manual operation,

dispenses unit servings of

FOOD in bulk or in PACKAGES without the necessity of

replenishing the device between each vending operation.

(132) "

VENDING MACHINE LOCATION" means the room, enclosure, space, or area where one or

VENDING MACHINES are installed and operated and includes the storage areas and

areas on the

PREMISES that are used to service and maintain the VENDING MACHINES.

(133) "

WAREWASHING" means the cleaning and sanitizing of utensils and FOOD-CONTACT

SURFACES

of EQUIPMENT.

(134) "

WHOLE-MUSCLE, INTACT BEEF" means whole muscle beef that is not INJECTED,

MECHANICALLY TENDERIZED, reconstructed, or scored and marinated, from which beef

steaks may be cut.

Part 2 – Management and Personnel Page 17

PART 2: MANAGEMENT AND PERSONNEL

Subpart A - Supervision

02100 Responsibility--Assignment (FDA Food Code 2-101.11).

(1) Except as specified in subsection (2) of this section, the

PERMIT HOLDER shall be the

PERSON IN CHARGE or shall designate a PERSON IN CHARGE and shall ensure that a

PERSON IN CHARGE is present at the FOOD ESTABLISHMENT during all hours of operation.

(2) In a

FOOD ESTABLISHMENT with two or more separately PERMITTED departments that are

the legal responsibility of the same

PERMIT HOLDER and that are located on the same

PREMISES, the PERMIT HOLDER may, during specific time periods when FOOD is not being

prepared,

PACKAGED, or served, designate a single PERSON IN CHARGE who is present

on the

PREMISES during all hours of operation, and who is responsible for each

separately

PERMITTED FOOD ESTABLISHMENT on the PREMISES.

02105 Demonstration of knowledge ( FDA Food Code 2-102.11).

Based on the

RISKS of foodborne illness inherent to the FOOD operation, during inspections

and upon request, the

PERSON IN CHARGE shall demonstrate to the REGULATORY AUTHORITY

knowledge of foodborne disease prevention, application of the

HAZARD analysis and CRITICAL

CONTROL POINT

principles, and the requirements of this chapter. The PERSON IN CHARGE shall

demonstrate this knowledge by:

(1) Complying with this chapter by having no violations of

RED HIGH RISK FACTORS during

the current inspection;

(2) Being a

CERTIFIED FOOD PROTECTION MANAGER who has shown proficiency of required

information through passing a test that is part of an

ACCREDITED PROGRAM; or

(3) Responding correctly to the inspector's questions as they relate to the specific

FOOD

operation. The areas of knowledge include:

(a) Describing the relationship between the prevention of foodborne disease and the

personal hygiene of a

FOOD EMPLOYEE;

(b) Explaining the responsibility of the

PERSON IN CHARGE for preventing the

transmission of foodborne disease by a

FOOD EMPLOYEE who has a disease or

medical condition that might cause foodborne disease;

through

FOOD;

(d) Explaining the significance of the relationship between maintaining the time and

temperature of

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD and the prevention

of foodborne illness;

(e) Explaining the

HAZARDS involved in the consumption of raw or undercooked MEAT,

POULTRY, EGGS, and FISH;

(f) Stating the required

FOOD temperatures and times for safe cooking of

TIME

/TEMPERATURE CONTROL FOR SAFETY FOOD including MEAT, POULTRY, EGGS,

and

FISH;

(g) Stating the required temperatures and times for the safe refrigerated storage, hot

holding, cooling, and reheating of

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;

(h) Describing the relationship between the prevention of foodborne illness and the

management and control of the following:

(i) Cross contamination;

(ii) Hand contact with

READY-TO-EAT FOODS;

(iii) Handwashing; and

(iv) Maintaining the

FOOD ESTABLISHMENT in a clean condition and in good

repair;

(i) Describing

FOODS identified as MAJOR FOOD ALLERGENS and the symptoms that a

MAJOR FOOD ALLERGEN could cause in a sensitive individual who has an allergic

reaction;

Page 18 Washington State Retail Food Code

(j) Explaining the relationship between FOOD safety and providing EQUIPMENT that is:

(i) Sufficient in number and capacity; and

(ii) Properly designed, constructed, located, installed, operated, maintained,

and cleaned;

(k) Explaining correct procedures for cleaning and

SANITIZING UTENSILS and

FOOD-CONTACT SURFACES of EQUIPMENT;

(l) Identifying the source of water used and measures taken to ensure that it remains

protected from contamination such as providing protection from backflow and

precluding the creation of cross connections;

(m) Identifying

POISONOUS OR TOXIC MATERIALS in the FOOD ESTABLISHMENT and the

procedures necessary to ensure that they are safely stored, dispensed, used, and

disposed of according to

LAW;

(n) Identifying

CRITICAL CONTROL POINTS in the operation from purchasing through sale

or service that when not controlled can contribute to the transmission of

foodborne illness and explaining steps taken to ensure that the points are

controlled in accordance with the requirements of this chapter;

(o) Explaining the details of how the

PERSON IN CHARGE and FOOD EMPLOYEES comply

with the

HACCP PLAN if a plan is required by the LAW, this chapter, or an agreement

between the

REGULATORY AUTHORITY and the FOOD ESTABLISHMENT;

(p) Explaining the responsibilities, rights, and authorities assigned by this chapter to

the:

(i)

FOOD EMPLOYEE;

(ii)

CONDITIONAL EMPLOYEE;

(iii)

PERSON IN CHARGE;

(iv)

REGULATORY AUTHORITY; and

(q) Explaining how the

PERSON IN CHARGE, FOOD EMPLOYEES and CONDITIONAL

EMPLOYEES

comply with reporting responsibilities and exclusion or RESTRICTION of

FOOD EMPLOYEES.

02107 Certified food protection manager (FDA Food Code 2-102.12).

(1) By March 1, 2023,

FOOD ESTABLISHMENTS must have at least one CERTIFIED FOOD

PROTECTION MANAGER

on staff as evidenced by a valid certificate available from an

ACCREDITED PROGRAM. The certificate must be available upon request. If the CERTIFIED

FOOD PROTECTION MANAGER

leaves employment for any reason, the FOOD

ESTABLISHMENT

must have another CERTIFIED FOOD PROTECTION MANAGER on staff within

sixty days.

(2) This section does not apply to certain types of

FOOD ESTABLISHMENTS deemed by the

REGULATORY AUTHORITY to pose minimal risk of causing, or contributing to, foodborne

illness based on the nature of the operation and extent of food preparation.

02110 Duties – Food protection manager certification (FDA Food Code 2-102.20).

CERTIFIED FOOD PROTECTION MANAGER responsibilities include training and implementing a

program of food protection and education for each

PERSON IN CHARGE, so each PERSON IN

CHARGE

is able to successfully demonstrate knowledge described in 02105, and fulfill the

duties as described in 02115 to maintain

ACTIVE MANAGERIAL CONTROL.

02115 Duties – Person in charge (FDA Food Code 2-103.11).

The

PERSON IN CHARGE shall ensure that:

(1)

FOOD ESTABLISHMENT operations are not conducted in a private home or in a room used

as living or sleeping quarters as specified under 06290;

(2)

PERSONS unnecessary to the FOOD ESTABLISHMENT operation are not allowed in the

FOOD preparation, FOOD storage, or WAREWASHING areas, except that brief visits and

tours may be authorized by the

PERSON IN CHARGE if steps are taken to ensure that

exposed

FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped

SINGLE-SERVICE and SINGLE-USE ARTICLES are protected from contamination;

Part 2 – Management and Personnel Page 19

(3) EMPLOYEES and other PERSONS such as delivery and maintenance PERSONS and

pesticide applicators entering the

FOOD preparation, FOOD storage, and WAREWASHING

areas comply with this chapter;

(4)

EMPLOYEES are effectively cleaning their hands by routinely monitoring the EMPLOYEES'

handwashing;

(5)

EMPLOYEES are visibly observing FOODS as they are received to determine that they are

from

APPROVED sources, delivered at the required temperatures, protected from

contamination, not

ADULTERATED, and accurately presented, by routinely monitoring the

EMPLOYEES' observations and periodically evaluating FOODS upon their receipt;

(6)

EMPLOYEES are verifying that FOODS delivered to the FOOD ESTABLISHMENT during

nonoperating hours are from

APPROVED sources and are placed into appropriate

storage locations such that they are maintained at the required temperatures, protected

from contamination, un

ADULTERATED and accurately presented;

(7)

EMPLOYEES are properly cooking TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, being

particularly careful in cooking those

FOODS known to cause severe foodborne illness

and death, such as

EGGS and COMMINUTED MEATS, through daily oversight of the

EMPLOYEES' routine monitoring of the cooking temperatures using appropriate

TEMPERATURE MEASURING DEVICES properly scaled and calibrated as specified under

04220 and 04580(2);

(8)

EMPLOYEES are using proper methods to rapidly cool TIME/TEMPERATURE CONTROL FOR

SAFETY FOODS

that are not held hot or are not for consumption within four hours,

through daily oversight of the

EMPLOYEES' routine monitoring of FOOD temperatures

during cooling;

(9)

EMPLOYEES are properly maintaining the temperatures of TIME/TEMPERATURE CONTROL

FOR SAFETY FOOD

during hot and cold holding through daily oversight of the EMPLOYEES'

routine monitoring of

FOOD temperatures;

(10)

CONSUMERS who order raw or partially cooked READY-TO-EAT FOODS of animal origin are

informed as specified under 03620 that the

FOOD is not cooked sufficiently to ensure its

safety;

(11)

EMPLOYEES are properly SANITIZING cleaned multiuse EQUIPMENT and UTENSILS before

they are reused, through routine monitoring of solution temperature and exposure time

for hot water

SANITIZING, and chemical concentration, pH, temperature, and exposure

time for chemical

SANITIZING;

(12)

CONSUMERS are notified that clean TABLEWARE is to be used when they return to

self-service areas such as salad bars and buffets as specified under 03345;

(13) Except when approval is obtained from the

REGULATORY AUTHORITY as specified under

03300(5),

EMPLOYEES are preventing cross-contamination of READY-TO-EAT FOOD with

bare hands by properly using suitable

UTENSILS such as deli tissue, spatulas, tongs,

SINGLE-USE gloves, or dispensing EQUIPMENT;

(14)

EMPLOYEES are properly trained in FOOD safety, including FOOD allergy awareness, as it

relates to their assigned duties; and

(15)

FOOD EMPLOYEES and CONDITIONAL EMPLOYEES are informed in a verifiable manner of

their responsibility to report in accordance with

LAW, to the PERSON IN CHARGE,

information about their health and activities as they relate to diseases that are

transmissible through

FOOD, as specified under 02205; and

(16) Written procedures and plans, such as a clean-up plan for vomit and diarrhea, where

specified by this chapter and as developed by the

FOOD ESTABLISHMENT to ensure

ACTIVE MANAGERIAL CONTROL, are maintained and implemented as required.

02120 Food worker cards.

(1) The

PERMIT HOLDER and PERSON IN CHARGE of the FOOD ESTABLISHMENT shall ensure

that all

FOOD 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.

Page 20 Washington State Retail Food Code

(2) The PERMIT HOLDER and PERSON IN CHARGE of the FOOD ESTABLISHMENT shall display or

file the original or a copy of the

FOOD WORKER CARD of each FOOD EMPLOYEE at the

EMPLOYEE'S place of employment, to be available for inspection by the REGULATORY

AUTHORITY

upon request.

(3) This section does not add to, or remove from, the provisions of chapter 69.06 RCW and

chapter 246-217 WAC regarding

FOOD WORKER CARDS.

Subpart B - Employee Health

02200 Employee health--Reporting policy.

The

PERMIT HOLDER shall require FOOD EMPLOYEES and CONDITIONAL EMPLOYEES to report to the

PERSON IN CHARGE information about their health and activities as they relate to diseases that

are transmissible through

FOOD. A FOOD EMPLOYEE or CONDITIONAL EMPLOYEE shall report the

information in a manner that allows the

PERSON IN CHARGE to reduce the RISK of foodborne

disease transmission, including providing necessary additional information, such as the date

of onset of illness symptoms, diagnosis, or exposure to illness.

02205 Employee health--Reportable history of illness.

(1)

FOOD EMPLOYEES and CONDITIONAL EMPLOYEES shall report to the PERSON IN CHARGE if

they:

(a) Have diarrhea, vomiting, sore throat with fever, or jaundice (yellow skin or eyes),

except as specified under 02235;

(b) Have a lesion containing pus such as a boil or infected wound that is open or

draining and is:

(i) On the hands or wrist;

(ii) On exposed portions of the arms; or

(iii) On other parts of the body, unless the lesion is covered by a dry, durable,

tight-fitting bandage; or

HEALTH PRACTITIONER as due to an infection with:

(i) Norovirus;

(ii) Hepatitis A virus;

(iii) Shigella spp.;

(iv)

SHIGA TOXIN-PRODUCING ESCHERICHIA COLI;

(v) Salmonella Typhi (Typhoid fever); or

(vi) Salmonella (nontyphoidal).

(2) In addition to the reporting in subsection (1) of this section,

FOOD EMPLOYEES and

CONDITIONAL EMPLOYEES in a FOOD ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE

POPULATION

shall report to the PERSON IN CHARGE if they:

(a) Have consumed or prepared

FOOD implicated in a CONFIRMED DISEASE OUTBREAK;

(b) Have attended or worked in a setting where there is a

CONFIRMED DISEASE

OUTBREAK

;

where there is a

CONFIRMED DISEASE OUTBREAK; or

(d) Live in the same household as or have consumed

FOOD prepared by a PERSON

who is infected or ill with:

(i)

SHIGA TOXIN-PRODUCING ESCHERICHIA COLI;

(ii) Shigella;

(iii) Salmonella Typhi; or

(iv) Hepatitis A virus or jaundice; or

(v) Norovirus.

Part 2 – Management and Personnel Page 21

02210 Employee health--Prohibit a conditional employee from becoming a food employee.

The

PERSON IN CHARGE shall ensure that a CONDITIONAL EMPLOYEE who exhibits or reports

symptoms or a diagnosed disease as described in 02205 (1) does not become a

FOOD

EMPLOYEE

until they meet the requirements for the removal of RESTRICTION or EXCLUSION in

02245 and 02250. A

CONDITIONAL EMPLOYEE that reports a history of exposure to disease in

02205 (2)(a) through (d) may not become a

FOOD EMPLOYEE in a FOOD ESTABLISHMENT serving

HIGHLY SUSCEPTIBLE POPULATION until the requirements in 02250 are met.

02215 Employee health--Notify health officer.

The

PERSON IN CHARGE shall notify the LOCAL HEALTH OFFICER and the REGULATORY AUTHORITY,

if not the same agency, when a

FOOD EMPLOYEE is:

(1) Jaundiced; or

(2) Diagnosed with an illness due to a pathogen as specified under 02205 (1)(c) and (2)(a).

02220 Employee health--Conditions of exclusion.

Except as provided in 02235, the

PERSON IN CHARGE of a FOOD ESTABLISHMENT shall EXCLUDE

any

FOOD EMPLOYEE who is known to have:

(1) Diarrhea or vomiting;

(2) Jaundice;

(3) A diagnosed infection (symptomatic or

ASYMPTOMATIC) with Salmonella Typhi, Shigella,

SHIGA TOXIN-PRODUCING ESCHERICHIA COLI, Norovirus, or hepatitis A virus;

(4) A sore throat with fever and works in a

FOOD ESTABLISHMENT serving a HIGHLY

SUSCEPTIBLE POPULATION

; or

(5) A previous infection with Salmonella Typhi within the past three months without having

antibiotic therapy.

02225 Employee health--Conditions of restriction.

The

PERSON IN CHARGE of a FOOD ESTABLISHMENT shall RESTRICT any FOOD EMPLOYEE who is

known to have:

(1) A lesion that appears inflamed or contains pus and that is not covered;

(2) Exposure to foodborne pathogens as described in 02205 (2)(a) through (d) and works

in a

FOOD ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE POPULATION; or

(3) A sore throat with fever.

02230 Employee health--Aiding illness investigations.

The

PERSON IN CHARGE of a FOOD ESTABLISHMENT and all EMPLOYEES shall cooperate with the

REGULATORY AUTHORITY and the LOCAL HEALTH OFFICER investigating:

(1) A foodborne disease outbreak or a suspected foodborne disease outbreak; or

(2) A

FOOD EMPLOYEE suspected to be infected with a disease agent that can be

transmitted from a

FOOD EMPLOYEE through food.

02235 Employee health--Other conditions.

FOOD EMPLOYEE with a symptom of gastrointestinal illness, such as vomiting, diarrhea, or

jaundice, may work in a

FOOD ESTABLISHMENT without special RESTRICTION, provided that the

FOOD EMPLOYEE furnishes written medical documentation from a HEALTH PRACTITIONER to the

REGULATORY AUTHORITY or PERSON-IN-CHARGE that the symptom is due to a medical condition

not transmissible through

FOOD, such as Crohn's disease, irritable bowel syndrome, ulcerative

colitis, or hepatitis C, cancer or pregnancy.

Page 22 Washington State Retail Food Code

02240 Employee health--Complying with local health officer.

The

PERSON IN CHARGE of a FOOD ESTABLISHMENT and FOOD EMPLOYEES shall comply with

orders issued by the

LOCAL HEALTH OFFICER for EXCLUDING EMPLOYEES from a FOOD

ESTABLISHMENT

or RESTRICTING EMPLOYEE activities due to a diagnosed or suspected infection

by a disease agent that can be transmitted from a

FOOD EMPLOYEE through FOOD until the

LOCAL HEALTH OFFICER rescinds the order.

02245 Employee health--Removal of exclusion or restriction based on diagnosis.

Except as specified under 02250, the

PERSON IN CHARGE shall obtain approval from the LOCAL

HEALTH OFFICER

before reinstating a FOOD EMPLOYEE who was RESTRICTED or EXCLUDED based

on measures the

LOCAL HEALTH OFFICER deems necessary using professional judgment,

current standards of practice, and the best available medical and scientific information.

02250 Employee health--Removal of exclusion or restriction based on symptoms.

The

PERSON IN CHARGE shall adhere to the following conditions when reinstating a FOOD

EMPLOYEE

who was RESTRICTED or EXCLUDED due to:

(1) Diarrhea or vomiting: Remove

EXCLUSION when ASYMPTOMATIC for more than

twenty-four hours;

(2) Jaundice: Remove

EXCLUSION with approval of the LOCAL HEALTH OFFICER and

REGULATORY AUTHORITY if not the same agency;

(3) Sore throat with fever: Remove

EXCLUSION when ASYMPTOMATIC; or

(4) Uncovered infected wound or pus-filled boil: Remove

RESTRICTION when skin, wound,

or pus-filled boil is properly protected by an impermeable cover and, if on the hand or

wrist, with a

SINGLE-USE glove.

02255 Employee health--Removal of exclusion or restriction based on exposure.

The

PERSON IN CHARGE of a facility that serves a HIGHLY SUSCEPTIBLE POPULATION shall get

approval from the

LOCAL HEALTH OFFICER and the REGULATORY AUTHORITY before reinstating a

FOOD EMPLOYEE who was RESTRICTED due to any condition under 02205(2).

Subpart C - Personal Cleanliness

02300 Hands and arms--Clean condition (FDA Food Code 2-301.11).

FOOD EMPLOYEES shall keep their hands and exposed portions of their arms clean.

02305 Hands and arms--Cleaning procedure (FDA Food Code 2-301.12).

(1) Except as specified in subsection (4) of this section,

FOOD EMPLOYEES shall clean their

hands and exposed portions of their arms, including surrogate prosthetic devices for

hands or arms for at least 20 seconds, using a cleaning compound in a

HANDWASHING

SINK

that is equipped as specified under 05210 and Part 6, Subpart C of this chapter.

(2)

FOOD EMPLOYEES shall use the following cleaning procedure in the order stated to clean

their hands and exposed portions of their arms, including surrogate prosthetic devices

for hands and arms:

(a) Rinse under clean, running warm water;

(b) Apply an amount of cleaning compound recommended by the cleaning compound

manufacturer;

(i) Paying particular attention to removing soil from underneath the fingernails

during the cleaning procedure; and

(ii) Creating friction on the surfaces of the hands and arms or surrogate

prosthetic devices for hands and arms, finger tips, and areas between the

fingers;

(d) Thoroughly rinse under clean, running warm water; and

Part 2 – Management and Personnel Page 23

(e) Immediately follow the cleaning procedure with thorough drying using a method

as specified under 06310.

(3) To avoid recontaminating their hands or surrogate prosthetic devices,

FOOD EMPLOYEES

may use disposable paper towels or similar clean barriers when touching surfaces such

as manually operated faucet handles on a

HANDWASHING SINK or the handle of a

restroom door.

(4) If

APPROVED and capable of removing the types of soils encountered in the FOOD

operations involved, an automatic handwashing facility may be used by

FOOD

EMPLOYEES

to clean their hands or surrogate prosthetic devices.

02310 Hands and arms--When to wash (FDA Food Code 2-301.14).

FOOD EMPLOYEES shall clean their hands and exposed portions of their arms as specified under

02305 immediately before engaging in

FOOD preparation including working with exposed

FOOD, clean EQUIPMENT and UTENSILS, and unwrapped SINGLE-SERVICE and SINGLE-USE

ARTICLES

and:

(1) After touching bare human body parts other than clean hands and clean, exposed

portions of arms;

(2) After using the toilet room;

(3) After caring for or handling

SERVICE ANIMALS or aquatic animals as specified under

02415(2);

(4) Except as specified under 02400(2), after coughing, sneezing, using a handkerchief or

disposable tissue, using tobacco, eating, or drinking;

(5) After handling soiled

EQUIPMENT or UTENSILS;

(6) During

FOOD preparation, as often as necessary to remove soil and contamination and

to prevent cross contamination when changing tasks;

(7) When switching between working with raw

FOOD and working with READY-TO-EAT FOOD;

(8) Before donning gloves for working with

READY-TO-EAT FOOD unless a glove change is

not the result of contamination; and

(9) After engaging in other activities that contaminate the hands or gloves.

02315 Hands and arms--Where to wash (FDA Food Code 2-301.15).

FOOD EMPLOYEES shall clean their hands in a HANDWASHING SINK or APPROVED automatic

handwashing facility and may not clean their hands in a sink used for

FOOD preparation or

WAREWASHING, or in a service sink or a curbed cleaning facility used for the disposal of mop

water and similar liquid waste.

02320 Hands and arms--Hand antiseptics (FDA Food Code 2-301.16).

(1) A hand antiseptic used as a topical application, hand antiseptic solution used as a hand

dip, or a hand antiseptic soap must:

(a) Comply with one of the following:

(i) Be an

APPROVED drug that is listed in the FDA publication Approved Drug

Products with Therapeutic Equivalence Evaluations as an

APPROVED drug

based on safety and effectiveness; or

(ii) Have active antimicrobial ingredients that are listed in the FDA monograph

or OTC Health-Care Antiseptic Drug Products as an antiseptic handwash;

and

(b) Consist only of components which the intended use of each complies with one of

the following:

(i) A threshold of regulation exemption under 21 C.F.R. 170.39 – Threshold of

Regulation for Substances Used in Food Contact Articles; or

Page 24 Washington State Retail Food Code

(ii) 21 C.F.R. 178 – Indirect Food Additives: Adjuvants, Production Aids, and

Sanitizers as regulated for use as a

FOOD ADDITIVE with conditions of safe

use; or

(iii) A determination of generally recognized as safe (GRAS). Partial listings of

substances with

FOOD uses that are GRAS may be found in 21 C.F.R. 182 –

Substances Generally Recognized as Safe, 21 C.F.R. 184 – Direct Food

Substances Affirmed as Generally Recognized as Safe, or 21 C.F.R. 186 –

Indirect Food Substances Affirmed as Generally Recognized as Safe for

use in contact with

FOOD, and in FDA’s Inventory of GRAS Notices; or

(iv) A prior sanction listed under 21 C.F.R. 181 – Prior Sanctioned Food

ingredients; or

(v) A

FOOD Contact Notification that is effective; and

(2) If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet the

requirements specified under subsection (1)(b) of this section, use must be:

(a) Followed by thorough hand rinsing in clean water before hand contact with

FOOD

or by the use of gloves; or

(b) Limited to situations that involve no direct contact with

FOOD by the bare hands.

(3) A hand antiseptic solution used as a hand dip must be maintained clean and at a

strength equivalent to at least 100

MG/L chlorine.

02325 Fingernails--Maintenance (FDA Food Code 2-302.11).

(1)

FOOD EMPLOYEES shall keep their fingernails trimmed, filed, and maintained so the

edges and surfaces are cleanable and not rough.

(2) Unless wearing intact gloves in good repair, a

FOOD EMPLOYEE may not wear fingernail

polish or artificial fingernails while preparing

FOOD.

02330 Jewelry--Prohibition (FDA Food Code 2-303.11).

Except for a single ring or wedding ring set covered by a glove in good repair,

FOOD

EMPLOYEES

may not wear jewelry including medical information jewelry on their arms or hands

while preparing

FOOD.

02335 Outer clothing--Clean condition (FDA Food Code 2-304.11).

FOOD EMPLOYEES shall wear clean outer clothing to prevent contamination of FOOD, EQUIPMENT,

UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.

Subpart D - Hygienic Practices

02400 Food contamination prevention--Eating, drinking, or using tobacco (FDA Food Code

2-401.11).

(1) Except as specified in subsection (2) of this section, an

EMPLOYEE may only eat, drink,

or use any form of tobacco only in designated areas where exposed

FOOD; clean

EQUIPMENT, UTENSILS, and LINENS; unwrapped SINGLE-SERVICE and SINGLE-USE

ARTICLES

; or other items needing protection cannot be contaminated.

(2) A

FOOD EMPLOYEE may drink from a closed BEVERAGE container if the container is

handled to prevent contamination of:

(a) The

EMPLOYEE'S hands;

(b) The container; and

FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped

SINGLE-SERVICE and SINGLE-USE ARTICLES.

Part 2 – Management and Personnel Page 25

02405 Food contamination prevention--Discharges from the eyes, nose, and mouth

(FDA Food Code 2-401.12).

FOOD EMPLOYEES experiencing persistent sneezing, coughing, or a runny nose that causes

discharges from the eyes, nose, or mouth may not work with exposed

FOOD; clean EQUIPMENT,

UTENSILS, and LINENS; or unwrapped SINGLE-SERVICE or SINGLE-USE ARTICLES.

02406 Food contamination prevention--Use of bandages, finger cots, or finger stalls (FDA

Food Code 2-401.13).

If a

FOOD EMPLOYEE working with exposed FOOD uses an impermeable cover such as a

bandage, finger cot or finger stall located on the wrist, hand or finger, the

FOOD EMPLOYEE shall

cover the area with a single-use glove.

02410 Hair restraints--Effectiveness (FDA Food Code 2-402.11).

(1) Except as provided in subsection (2) of this section,

FOOD EMPLOYEES shall wear short

hair or use hair restraints such as hats, hair coverings or nets, rubber bands, or hair

clips to keep their hair off the face and behind their shoulders, and clothing that covers

body hair to protect exposed

FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and

unwrapped

SINGLE-SERVICE and SINGLE-USE ARTICLES.

(2) This section does not apply to

FOOD EMPLOYEES such as counter staff who only serve

BEVERAGES and wrapped or PACKAGED FOODS, hostesses, and wait staff if they present

a minimal

RISK of contaminating exposed FOOD, clean EQUIPMENT, UTENSILS, and

LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.

02415 Animals--Handling prohibition (FDA Food Code 2-403.11).

(1) Except as specified in subsection (2) of this section,

FOOD EMPLOYEES may not care for

or handle animals that may be present such as patrol dogs,

SERVICE ANIMALS, or pets

that are allowed as specified under 06570 (2)(b) through (e).

(2)

FOOD EMPLOYEES with SERVICE ANIMALS may handle or care for their SERVICE ANIMALS

and

FOOD EMPLOYEES may handle or care for FISH in aquariums or MOLLUSCAN

SHELLFISH

or crustacean in display tanks if they wash their hands as specified under

02305 and 02310(3).

02500 Responding to contamination events--Clean-up of vomiting and diarrheal events (FDA

Food Code 2-501.11).

(1) A

FOOD ESTABLISHMENT shall have written procedures for EMPLOYEES to follow when

responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal

matter onto surfaces in the

FOOD ESTABLISHMENT.

(2) The procedures shall address the specific actions

EMPLOYEES must take to minimize

the spread of contamination and the exposure of

EMPLOYEES, consumers, FOOD, and

surfaces to vomitus or fecal matter.

Part 3 – Food Page 27

PART 3: FOOD

Subpart A - Characteristics

03100 Condition--Safe, unadulterated, and honestly presented (FDA Food Code 3-101.11).

FOOD must be safe, not ADULTERATED, and, as specified under 03605, honestly presented.

Subpart B - Sources, Specifications, and Original Containers and Records

03200 Sources--Compliance with food law (FDA Food Code 3-201.11).

(1)

FOOD must be obtained from sources that comply with LAW.

(2)

FOOD prepared in a private home may not be used or offered for human consumption in

FOOD ESTABLISHMENT except as otherwise provided in this chapter.

(3)

PACKAGED FOOD must be labeled as specified under LAW, including chapter 69.04 RCW;

21 C.F.R. 101 Food Labeling; 9 C.F.R. 317 Labeling, Marking Devices, and

Containers; 9 C.F.R. 381 Subpart N Labeling and Containers; and as specified under

03265 and 03270.

(4)

FISH, other than those specified under 03425(2) (a) through (f), that are intended for

consumption in raw or undercooked form and allowed as specified under 03400(4) may

be offered for sale or service if they are obtained from a supplier that freezes the

FISH

as specified under 03425; or if they are frozen on the

PREMISES as specified under

03425 and records are retained as specified under 03430.

(5)

WHOLE-MUSCLE, INTACT BEEF steaks that are intended for consumption in an

undercooked form without a

CONSUMER advisory as specified under 03400(3) must be:

(a) Obtained from a

FOOD PROCESSING PLANT that, upon request by the purchaser,

PACKAGES the steaks and labels them, to indicate that the steaks meet the

definition of

WHOLE-MUSCLE, INTACT BEEF; or

(b) Deemed acceptable by the

REGULATORY AUTHORITY based on other evidence,

such as written buyer specifications or invoices, that indicates that the steaks

meet the definition of

WHOLE-MUSCLE, INTACT BEEF; and

FOOD ESTABLISHMENT:

(i) Cut from

WHOLE-MUSCLE, INTACT BEEF that is labeled by a FOOD PROCESSING

PLANT

as specified in (a) of this subsection or identified as specified in (b) of

this subsection;

(ii) Prepared so they remain intact; and

(iii) If

PACKAGED for undercooking in a FOOD ESTABLISHMENT, labeled as

specified in (a) of this subsection or identified as specified in (b) of this

subsection.

(6)

MEAT and POULTRY that is not a READY-TO-EAT FOOD and is in a PACKAGED form when it

is offered for sale or otherwise offered for consumption, must be labeled to include safe

handling instructions as specified in

LAW, including 9 C.F.R. 317.2(I) and 9 C.F.R.

381.125(b).

(7)

EGGS that have not been specifically treated to destroy all viable salmonellae must be

labeled to include safe handling instructions as specified in

LAW, including 21 C.F.R.

101.17(h).

03205 Sources--Food in a hermetically sealed container (FDA Food Code 3-201.12).

FOOD in a HERMETICALLY SEALED CONTAINER must be obtained from a FOOD PROCESSING PLANT

that is regulated by the

FOOD regulatory agency that has jurisdiction over the plant.

03210 Sources--Fluid milk and milk products (FDA Food Code 3-201.13).

Fluid milk and milk products must be obtained from sources that comply with

GRADE A

STANDARDS

as specified in LAW.

Page 28 Washington State Retail Food Code

03215 Sources--Fish (FDA Food Code 3-201.14).

(1)

FISH that are received for sale or service must be:

(a) Commercially and legally caught or harvested; or

(b)

APPROVED for sale or service.

(2)

MOLLUSCAN SHELLFISH that are recreationally caught may not be received for sale or

service.

03220 Sources--Molluscan shellfish (FDA Food Code 3-201.15).

(1)

MOLLUSCAN SHELLFISH must be obtained from sources according to LAW and the

requirements specified in the United States Department of Health and Human

Services, Public Health Service, FDA, National Shellfish Sanitation Program Guide for

the Control of Molluscan Shellfish.

(2)

MOLLUSCAN SHELLFISH received in interstate commerce must be from sources that are

listed in the Interstate Certified Shellfish Shippers List.

03225 Sources--Wild mushrooms.

(1) The

PERMIT HOLDER shall obtain wild harvested mushrooms only from sources in

Washington, Oregon, Idaho, California, Montana and British Columbia where each

mushroom is individually identified in the fresh state.

(2) Only the following wild harvested mushroom species may be offered for sale or service

in a

FOOD ESTABLISHMENT:

(a) Hedgehog (Hydnum repandum, H. umbilicatum);

(b) Porcini/King Bolete (Boletus edulis);

(d) Pacific Golden Chanterelle (Cantharellus formosus, C. cascadensis, C. cibarius

var roseocanus);

(e) White Chanterelle (Cantharellus subalbidus);

(f) Yellow Foot/Winter Chanterelle (Craterellus tubaeformis);

(g) Black Trumpet (Craterellus cornucopioides);

(h) Saffron milk cap (Lactarius deliciosus);

(i) Coral Hydnum/Bears Tooth (Hericium coralloides, H. abietis, H. americanum);

(j) Oyster (Pleurotus populinus, P. pulmonarius, P. ostreaus);

(k) Cauliflower mushroom (Sparassis crispa);

(l) Oregon Black Truffle (Leucangium carthusianum);

(m) Oregon White Truffle (Tuber gibbosum, T. oregonense);

(n) Blue Chanterelle (Polyozellus multiplex);

(o) Morchella species including, but not limited to, Black Morels (Morchella elata) and

Blonde Morels (Morchella esculenta);

(p) Matsutake/Japanese Pine Mushroom (Tricholoma magnivelare).

(3) Wild harvested mushrooms prepared for

IMMEDIATE SERVICE by a FOOD ESTABLISHMENT

must be cooked to 135°F except for those sold for home use from grocery or farmer's

markets.

(4) The

PERMIT HOLDER shall keep written documentation supplied by the mushroom

identifier for any wild harvested mushrooms offered for sale or service on file for ninety

days after receipt. The documentation must include:

(a) The common name and Latin binomial name of the mushroom;

(b) The name, original signature, business name, mailing address, e-mail and

telephone number of the mushroom identifier;

(d) The date or dates of harvest;

Part 3 – Food Page 29

(e) The date of sale to the FOOD ESTABLISHMENT; and

(f) The amount of product by weight.

(5) This section does not apply to dried or fresh mushrooms that are grown, processed or

PACKAGED in a FOOD PROCESSING PLANT regulated by a state or federal FOOD

REGULATORY AUTHORITY.

03230 Sources--Game animals (FDA Food Code 3-201.17).

(1) If

GAME ANIMALS are received for sale or service they must be:

(a) Commercially raised for

FOOD and:

(i) Raised, slaughtered, and processed under a voluntary inspection program

that is conducted by the agency that has animal health jurisdiction; or

(ii) Under a routine inspection program conducted by a regulatory agency other

than the agency that has animal health jurisdiction; and

(iii) Raised, slaughtered, and processed according to:

(A)

LAWS governing MEAT and POULTRY as determined by the agency that

has animal health jurisdiction and the agency that conducts the

inspection program; and

(B) Requirements which are developed by the agency that has animal

health jurisdiction and the agency that conducts the inspection

program with consideration of factors such as the need for

antemortem and postmortem examination by an

APPROVED

veterinarian or veterinarian's designee; or

(b) Under a voluntary inspection program administered by the

USDA for GAME ANIMALS

such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that

are "inspected and

APPROVED" in accordance with 9 C.F.R. 352 Exotic Animals

and Horses; Voluntary Inspection or rabbits that are "inspected and certified" in

accordance with 9 C.F.R. 354 Voluntary Inspection of Rabbits and Edible

Products Thereof.

(2) A

GAME ANIMAL may not be received for sale or service if it is a species of wildlife that is

listed in 50 C.F.R. 17 Endangered and Threatened Wildlife and Plants.

03235 Specifications for receiving--Temperature (FDA Food Code 3-202.11).

(1) Except as specified in subsections (2) through (4) of this section, refrigerated,

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD must be at a temperature of 41°F (5°C)

or below when received.

(2) If a temperature other than 41°F (5°C) for a

TIME/TEMPERATURE CONTROL FOR SAFETY

FOOD

is specified in LAW governing its distribution, such as LAWS governing milk and

MOLLUSCAN SHELLFISH, the FOOD may be received at the specified temperature.

(3) Raw

EGGS must be received in refrigerated EQUIPMENT that maintains an ambient air

temperature of 45°F (7°C) or less.

(4) Freshly made

ASIAN RICE-BASED NOODLES received at ambient temperatures directly

from a noodle processing facility licensed by Washington State Department of

Agriculture must be served within four hours of production, immediately reheated in

accordance with 03440(3), or immediately cooled in accordance with 03515(3).

(5)

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is cooked to a temperature and for a

time specified under 03400 through 03410 and received hot must be at a temperature

of 135°F (57°C) or above.

(6) A

FOOD that is labeled frozen and shipped frozen by a FOOD PROCESSING PLANT must be

received frozen.

(7) Upon receipt,

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD must be free of evidence

of previous temperature abuse.

Page 30 Washington State Retail Food Code

03240 Specifications for receiving--Additives (FDA Food Code 3-202.12).

FOOD may not contain ADDITIVES that are not APPROVED or ADDITIVES that exceed the amounts

specified in 21 C.F.R. 170-180 relating to

FOOD ADDITIVES, generally recognized as safe or

prior sanctioned substances that exceed amounts specified in 21 C.F.R. 181-186, substances

that exceed amounts specified in 9 C.F.R., Subpart C, Section 424.21(b) Food Ingredients

and Sources of Radiation, or pesticide residues that exceed provisions specified in 40 C.F.R.

180 Tolerances for Pesticides Chemicals in Food, and exceptions.

03245 Specifications for receiving--Eggs (FDA Food Code 3-202.13).

EGGS must be received clean and sound and may not exceed the RESTRICTED EGG tolerances

for United States Consumer Grade B as specified in United States Standards, Grades, and

Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural

Marketing Service of USDA.

03250 Specifications for receiving--Eggs and milkproducts, pasteurized (FDA Food Code

3-202.14).

(1)

EGG PRODUCTS must be obtained pasteurized.

(2) Fluid milk, fluid milk products, dry milk, and dry milk products must meet "Grade A

pasteurized" milk standards of chapter 15.36 RCW, except "Grade A raw milk"

products meeting standards of chapter 15.36 RCW may be sold in retail stores in the

original intact container and not used as an ingredient.

(3) Frozen milk products, such as ice cream, must be obtained pasteurized as specified in

21 C.F.R. 135 - Frozen Desserts.

(4) Cheese must be obtained pasteurized unless alternative procedures to pasteurization

are specified in the C.F.R., such as 21 C.F.R. 133 - Cheeses and Related Cheese

Products, for curing certain cheese varieties.

03255 Specifications for receiving--Package integrity (FDA Food Code 3-202.15).

FOOD packages must be in good condition and protect the integrity of the contents so that the

FOOD is not exposed to adulteration or potential contaminants.

03260 Specifications for receiving--Ice (FDA Food Code 3-202.16).

Ice used as a

FOOD or a cooling medium must be made from DRINKING WATER.

03265 Specifications for receiving--Shucked shellfish, packaging and identification (FDA

Food Code 3-202.17).

(1) Raw

SHUCKED SHELLFISH must be obtained in nonreturnable packages which bear a

legible label that identifies the:

(a) Name, address, and

CERTIFICATION NUMBER of the shucker, packer, or repacker of

the

MOLLUSCAN SHELLFISH; and

(b) The "sell by" or "best if used by" date for packages with a capacity of less than

1.89 L (one-half gallon) or the date shucked for packages with a capacity of 1.89 L

(one-half gallon) or more.

(2) A package of raw

SHUCKED SHELLFISH that does not bear a label or which bears a label

which does not contain all of the information as specified under subsection (1) of this

section is subject to a hold order, as allowed by

LAW, or seizure and destruction in

accordance with 21 C.F.R. Subpart D - Specific Administrative Decisions Regarding

Interstate Shipments, Section 1240.60(d) Molluscan Shellfish.

03270 Specifications for receiving--Shellstock identification (FDA Food Code 3-202.18).

(1)

SHELLSTOCK must be obtained in containers bearing legible source identification tags or

labels that are affixed by the harvester or

DEALER that depurates, ships, or reships the

SHELLSTOCK, as specified in the National Shellfish Sanitation Program Guide for the

Control of Molluscan Shellfish, and that list:

Part 3 – Food Page 31

(a) Except as specified under subsection (3) of this section, on the harvester's tag or

label, the following information in the following order:

(i) The harvester's identification number that is assigned by the

SHELLFISH

CONTROL AUTHORITY

;

(ii) The date of harvest;

(iii) The most precise identification of the harvest location or aquaculture site

that is practicable based on the system of harvest area designations that is

in use by the

SHELLFISH CONTROL AUTHORITY and including the abbreviation

of the name of the state or country in which the shellfish are harvested;

(iv) The type and quantity of shellfish; and

(v) The following statement in bold, capitalized type: "THIS TAG IS

REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR

RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS."; and

(b) Except as specified in subsection (4) of this section, on each

DEALER'S tag or

label, the following information in the following order:

(i) The

DEALER'S name and address, and the CERTIFICATION NUMBER assigned

by the

SHELLFISH CONTROL AUTHORITY;

(ii) The original shipper's

CERTIFICATION NUMBER including the abbreviation of

the name of the state or country in which the shellfish are harvested;

(iii) The same information as specified for a harvester's tag under (a)(ii) through

(iv) of this subsection; and

(iv) The following statement in bold, capitalized type: "THIS TAG IS

REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR

RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS."

(2) A container of

SHELLSTOCK that does not bear a tag or label or that bears a tag or label

that does not contain all of the information as specified under subsection (1)(a) of this

section is subject to a hold order, as allowed by

LAW, or seizure and destruction in

accordance with 21 C.F.R. Subpart D - Specific Administrative Decisions Regarding

Interstate Shipments, Section 1240.60(d).

(3) If a place is provided on the harvester's tag or label for a

DEALER'S name, address and

CERTIFICATION NUMBER, the DEALER'S information must be listed first.

(4) If the harvester's tag or label is designed to accommodate each

DEALER'S identification

as specified under subsection (1)(a)(i) and (ii) of this section, individual

DEALER tags or

labels need not be provided.

03275 Specifications for receiving--Shellstock, condition (FDA Food Code 3-202.19).

When received by a

FOOD ESTABLISHMENT, SHELLSTOCK must be reasonably free of mud, dead

shellfish, and shellfish with broken shells. Dead shellfish or

SHELLSTOCK with badly broken

shells must be discarded.

03280 Specifications for receiving--Commercially processed treated juice (FDA Food Code

3-202.110).

Pre

PACKAGED JUICE must:

(1) Be obtained from a processor with a HACCP system as specified in 21 C.F.R. Part 120

Hazard Analysis and Critical Control (HACCP) Systems; and

(2) Be obtained pasteurized or otherwise treated to attain a 5-log reduction of the most

resistant microorganism of public health significance as specified in 21 C.F.R. Part

120.24 Process Controls.

03285 Original containers and records--Molluscan shellfish, original container (FDA Food

Code 3-203.11).

(1) Except as specified in subsections (2) through (5) of this section,

MOLLUSCAN SHELLFISH

may not be removed from the container in which they are received other than

immediately before sale or preparation for service.

Page 32 Washington State Retail Food Code

(2) For display purposes, SHELLSTOCK may be removed from the container in which they

are received, displayed on drained ice, or held in a display container, and a quantity

specified by a

CONSUMER may be removed from the display or display container and

provided to the

CONSUMER if:

(a) The source of the

SHELLSTOCK on display is identified as specified under 03270

and recorded as specified under 03290; and

(b) The

SHELLSTOCK are protected from contamination.

(3)

SHUCKED SHELLFISH may be removed from the container in which they were received

and held in a display container from which individual servings are dispensed upon a

CONSUMER'S request if:

(a) The labeling information for the shellfish on display as specified under 03265 is

retained and correlated to the date when, or dates during which, the shellfish are

sold or served; and

(b) The shellfish are protected from contamination.

(4)

SHUCKED SHELLFISH may be removed from the container in which they were received

and repacked in

CONSUMER self-service containers where allowed by LAW if:

(a) The labeling information for the shellfish is on each

CONSUMER self-service

container as specified under 03265 and 03610 (1) and (2)(a) through (e);

(b) The labeling information as specified under 03265 is retained and correlated with

the date when, or dates during which, the shellfish is sold or served;

maintained for ninety days; and

(d) The shellfish are protected from contamination.

(5)

SHELLSTOCK may be removed from the container in which they are received and

repacked in

CONSUMER self-service containers if:

(a) Each self-service container of

SHELLSTOCK is plainly marked with the harvest area

name, harvest area date, and original shellfish

DEALER'S CERTIFICATION NUMBER,

including the abbreviation of the name of the state or country in which the shellfish

are harvested, or otherwise marked with a code that can be used to link the

product with tag or label information as specified under 03270;

(b) The tag or label information as specified under 03270 for

SHELLSTOCK is retained

in a written or electronic log for ninety days that correlates the date when, or dates

during which, the

SHELLSTOCK sold;

SHELLSTOCK are protected from contamination; and

(d) The packaging material allows air to get to the shellfish.

03290 Original containers and records--Shellstock, maintaining identification (FDA Food Code

3-203.12).

(1) Except as specified under subsection (3)(b) of this section,

SHELLSTOCK tags or labels

must remain attached to the container in which the

SHELLSTOCK are received until the

container is empty.

(2) The date range when the first and last

SHELLSTOCK from the container is sold or served

must be recorded on the tag or label.

(3) The identity of the source of

SHELLSTOCK that are sold or served must be maintained by

retaining

SHELLSTOCK tags or labels for ninety calendar days from the last date that is

recorded on the tag or label, as specified under subsection (2) of this section by:

(a) Using an

APPROVED record keeping system that keeps the tags or labels in

chronological order correlated to the date that is recorded on the tag or label, as

specified under subsection (2) of this section; and

(b) If

SHELLSTOCK are removed from its tagged or labeled container:

(i) Preserving source identification by using a recordkeeping system as

specified under (a) of this subsection; and

Part 3 – Food Page 33

(ii) Ensuring that SHELLSTOCK from one tagged or labeled container are not

COMMINGLED with SHELLSTOCK from another container with different

CERTIFICATION NUMBERS; different harvest dates; or different growing areas

as identified on the tag or label before being ordered by the

CONSUMER.

Subpart C - Preventing Contamination After Receiving

03300 Preventing contamination by employees--Preventing contamination from hands (FDA

Food Code 3-301.11).

(1)

FOOD EMPLOYEES shall wash their hands as specified under 02305.

(2) Except when washing fruits and vegetables as specified under 03318 or as specified in

subsections (4) and (5) of this section,

FOOD EMPLOYEES may not contact exposed,

READY-TO-EAT FOOD with their bare hands and shall use suitable UTENSILS such as deli

tissue, spatulas, tongs,

SINGLE-USE gloves, or dispensing EQUIPMENT.

(3)

FOOD EMPLOYEES shall minimize bare hand and arm contact with exposed FOOD that is

not in a

READY-TO-EAT form.

(4) Subsection (2) of this section does not apply to a

FOOD EMPLOYEE that contacts

exposed,

READY-TO-EAT FOOD with bare hands when the READY-TO-EAT FOOD is to be

cooked in the

FOOD ESTABLISHMENT to heat all parts of the FOOD to a temperature of at

least 145°F (63°C) prior to service.

(5)

FOOD EMPLOYEES not serving a HIGHLY SUSCEPTIBLE POPULATION may contact exposed,

READY-TO-EAT FOOD with their bare hands if:

(a) The

PERMIT HOLDER obtains prior approval from the REGULATORY AUTHORITY;

(b) Written procedures are maintained in the

FOOD ESTABLISHMENT and made

available to the

REGULATORY AUTHORITY upon request that include diagrams and

other information showing that handwashing facilities, installed, located,

equipped, and maintained as specified under 05230, 05255, 05265, 05270,

06305, 06310, and 06320, are in an easily accessible location and in close

proximity to the work station where bare hand contact procedure is conducted.

EMPLOYEE health policy that documents how the FOOD ESTABLISHMENT

complies with Part 2, Subpart B of this chapter including:

(i) Documentation that

FOOD EMPLOYEES and CONDITIONAL EMPLOYEES

acknowledge that they are informed to report information about their health

and activities as they relate to gastrointestinal symptoms and diseases that

are transmittable through

FOOD as specified in 02200, including a written log

of reportable EMPLOYEE illnesses maintained for ninety days;

(ii) Documentation that

FOOD EMPLOYEES and CONDITIONAL EMPLOYEES

acknowledge their responsibilities as specified in 02205 and 02240; and

(iii) Documentation that the

PERSON IN CHARGE acknowledges the

responsibilities as specified in 02215, 02220, 02255, and 08520.

(d) Documentation that

FOOD EMPLOYEES acknowledge they have received training at

least annually in:

(i) The

RISKS of contacting READY-TO-EAT FOODS with bare hands;

(ii) Proper handwashing as specified under 02305;

(iii) When to wash their hands as specified under 02310;

(iv) Where to wash their hands as specified under 02315;

(v) Proper fingernail maintenance as specified under 02325;

(vi) Prohibition of jewelry as specified under 02330; and

(vii) Good hygienic practices as specified under 02400 and 02405.

(e) Documentation that hands are washed before

FOOD preparation and as necessary

to prevent cross contamination by

FOOD EMPLOYEES as specified under 02300,

02305, 02310, and 02315 during all hours of operation when

READY-TO-EAT FOODS

are prepared;

(f) Documentation that

FOOD EMPLOYEES contacting READY-TO-EAT FOOD with bare

Page 34 Washington State Retail Food Code

hands use two or more of the following control measures to provide additional

safeguards to

HAZARDS associated with bare hand contact:

(i) Double handwashing;

(ii) Nail brushes;

(iii) A hand antiseptic after handwashing as specified under 02320;

(iv) Incentive programs provided by the

FOOD ESTABLISHMENT that assist or

encourage

FOOD EMPLOYEES not to work when they are ill; or

(v) Other

APPROVED control measures; and

(g) Documentation that corrective action is taken when (a) through (f) of this

subsection are not followed.

(h) If the allowance for a

FOOD ESTABLISHMENT to contact READY-TO-EAT FOOD with

bare hands is voluntarily or involuntarily discontinued, suspended or revoked, a

FOOD ESTABLISHMENT may not reinstate bare hand contact with READY-TO-EAT

FOOD

without written approval from the REGULATORY AUTHORITY.

03303 Preventing contamination by employees--Preventing contamination when tasting (FDA

Food Code 3-301.12).

FOOD EMPLOYEE may not use a UTENSIL more than once to taste FOOD that is to be sold or

served.

03306 Preventing food and ingredient contamination--Packaged and unpackaged

food--Separation, packaging, and segregation (FDA Food Code 3-302.11).

(1) A

FOOD must be protected from cross contamination by:

(a) Except as specified in (a)(iv) of this subsection, separating raw animal

FOODS

during storage, preparation, holding, and display from:

(i) Raw

READY-TO-EAT FOOD including other raw animal FOOD such as FISH for

sushi or

MOLLUSCAN SHELLFISH, or other raw READY-TO-EAT FOOD such as

fruits and vegetables;

(ii) Cooked

READY-TO-EAT FOOD;

(iii) Fruits and vegetables before they are washed; and

(iv) Frozen, commercially processed and

PACKAGED raw animal FOOD may be

stored and displayed with or above frozen, commercially processed and

PACKAGED, READY-TO-EAT FOOD.

(b) Except when combined as ingredients, separating types of raw animal

FOODS

from each other such as beef,

FISH, lamb, pork, and POULTRY during storage,

preparation, holding and display by:

(i) Using separate

EQUIPMENT for each type; or

(ii) Arranging each type of

FOOD in EQUIPMENT so that cross contamination of

one type with another is prevented; and

(iii) Preparing each type of

FOOD at different times or in separate areas.

EQUIPMENT and UTENSILS as specified under 04605(1) and SANITIZING as

specified under 04710;

(d) Except as specified under 03520 and subsection (2) of this section, storing the

FOOD in packages, covered containers, or wrappings;

(e) Cleaning hermetically sealed containers of

FOOD of visible soil before opening;

(f) Protecting

FOOD containers that are received PACKAGED together in a case or

overwrap from cuts when the case or overwrap is opened;

(g) Storing damaged, spoiled, or recalled

FOOD being held in the FOOD ESTABLISHMENT

as specified under 06415; and

(h) Separating fruits and vegetables, before they are washed as specified under

03318 from

READY-TO-EAT FOOD.

(2) Subsection (1)(d) of this section does not apply to:

(a) Whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling

or hulling before consumption;

Part 3 – Food Page 35

(b) PRIMAL CUTS, quarters, or sides of raw MEAT or slab bacon that are hung on clean,

SANITIZED hooks or placed on clean, SANITIZED racks;

MEATS such as country hams, and smoked or cured

sausages that are placed on clean,

SANITIZED racks;

(d)

FOOD being cooled as specified under 03520; or

(e)

SHELLSTOCK.

03309 Preventing food and ingredient contamination--Food storage containers, identified with

common name of food (FDA Food Code 3-302.12).

Except for containers holding

FOOD that can be readily and unmistakably recognized such as

dry pasta, working containers holding

FOOD or FOOD ingredients that are removed from their

original packages for use in the

FOOD ESTABLISHMENT, such as cooking oils, flour, herbs, potato

flakes, salt, spices, and sugar must be identified with the common name of the

FOOD.

03312 Preventing food and ingredient contamination--Pasteurized eggs, substitute for raw

eggs for certain recipes (FDA Food Code 3-302.13).

Pasteurized

EGGS or EGG PRODUCTS must be substituted for raw EGGS in the preparation of

FOODS such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue,

eggnog, ice cream, and

EGG-fortified BEVERAGES that are not:

(1) Cooked as specified under 03400 (1)(a) or (b); or

(2) Included in 03400(4).

03315 Preventing food and ingredient contamination--Protection from unapproved additives

(FDA Food Code 3-302.14).

(1)

FOOD must be protected from contamination that might result from the addition of, as

specified under 03240:

(a)

FOOD ADDITIVES or COLOR ADDITIVES that are unsafe or not APPROVED; and

(b) Unsafe or unapproved levels of

APPROVED FOOD ADDITIVES and COLOR ADDITIVES.

(2) A

FOOD EMPLOYEE may not:

(a) Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption

or to a

FOOD considered to be a good source of vitamin B

; or

(b) Except for grapes, serve or sell

FOOD specified under (a) of this subsection that is

treated with sulfiting agents before receipt by the

FOOD ESTABLISHMENT.

03318 Preventing food and ingredient contamination--Washing fruits and vegetables ( FDA

Food Code 3-302.15).

(1) Except as specified in subsection (2) of this section, and except for whole, raw fruits

and vegetables that are intended for washing by the

CONSUMER before consumption,

raw fruits and vegetables not in a

READY-TO-EAT form must be thoroughly rinsed under

running water to remove soil and other contaminants after any soaking and before

being cut, combined with other ingredients, cooked, served, or offered for human

consumption in

READY-TO-EAT form.

(2) Fruits and vegetables may be washed by using chemicals as specified under 07225.

(3) Devices used for on-site generation of chemicals meeting the requirements specified in

21 C.F.R. 173.315, Chemicals Used in the Washing or to Assist in the Peeling of Fruits

and Vegetables, for the washing of raw, whole fruits and vegetables must be used in

accordance with the manufacturer's instructions.

(4) For the purposes of this section, raw vegetables include fresh herbs and sprouts.

03321 Preventing food and ingredient contamination--Combining of raw eggs in advance

prohibited.

Except

EGGS that are used in batters or mixed immediately before cooking, mixing four or

more raw

EGGS, EGG whites, or EGG yolks is prohibited.

Page 36 Washington State Retail Food Code

03324 Preventing contamination from ice used as a coolant--Ice used as exterior coolant,

prohibited as ingredient (FDA Food Code 3-303.11).

After use as a medium for cooling the exterior surfaces of

FOOD such as melons or FISH,

PACKAGED FOOD such as canned BEVERAGES, or cooling coils and tubes of EQUIPMENT, ice may

not be used as a

FOOD.

03327 Preventing contamination from ice used as a coolant--Storage or display of food in

contact with water or ice (FDA Food Code 3-303.12).

(1)

PACKAGED FOOD may not be stored in direct contact with ice or water if the FOOD is

subject to the entry of water because of the nature of its packaging, wrapping, or

container or its positioning in the ice or water.

(2) Except as specified in subsections (3) and (4) of this section,

FOOD that is not

PACKAGED may not be stored in direct contact with undrained ice.

(3) Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or

cut potatoes; and tofu may be immersed in ice or water.

(4) Raw

POULTRY and raw FISH that are received immersed in ice in shipping containers

may remain in that condition while in storage awaiting preparation, display, service, or

sale.

03330 Preventing contamination from equipment, utensils, and linens--Food contact with

equipment and utensils (FDA Food Code 3-304.11).

FOOD must only contact surfaces of:

(1)

EQUIPMENT and UTENSILS that are cleaned as specified under 04600 through 04645 and

SANITIZED as specified under 04700 through 04710;

(2)

SINGLE-SERVICE ARTICLES and SINGLE-USE ARTICLES; or

(3)

LINENS, such as cloth napkins, as specified under 03336 that are laundered as

specified under Part 4, Subpart B of this chapter.

03333 Preventing contamination from equipment, utensils, and linens--In-use utensils,

between-use storage (FDA Food Code 3-304.12).

During pauses in

FOOD preparation or dispensing, FOOD preparation and dispensing UTENSILS

must be stored:

(1) Except as specified under subsection (2) of this section, in the

FOOD with their handles

above the top of

FOOD and the container;

(2) In

FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD with their handles

above the top of the

FOOD within containers or EQUIPMENT that can be closed, such as

bins of sugar, flour, or cinnamon;

(3) On a clean portion of the

FOOD preparation table or cooking EQUIPMENT only if the

in-use

UTENSIL and the FOOD-CONTACT SURFACE of the FOOD preparation table or

cooking

EQUIPMENT are cleaned and SANITIZED at a frequency specified under 04605

and 04705;

(4) In running water of sufficient velocity to flush particulates to the drain, if used with moist

FOOD such as ice cream or mashed potatoes;

(5) In a clean, protected location if the

UTENSILS, such as ice scoops, are used only with a

FOOD that is not a TIME/TEMPERATURE CONTROL FOR SAFETY FOOD; or

(6) In a container of water maintained at a temperature of 135°F (57°C) or greater or 41°F

(5°C) or less and the container is cleaned at a frequency specified under 04605 (4)(g).

03336 Preventing contamination from equipment, utensils, and linens--Linens and napkins,

use limitation (FDA Food Code 3-304.13).

LINENS, such as cloth napkins, may not be used in contact with FOOD unless they are used to

line a container for the service of

FOODS and the LINENS and napkins are replaced each time

the container is refilled for a new

CONSUMER.

Part 3 – Food Page 37

03339 Preventing contamination from equipment, utensils, and linens--Wiping cloths, use

limitation (FDA Food Code 3-304.14).

(1) Cloths that are in use for wiping

FOOD spills from TABLEWARE and carry out containers

that occur as

FOOD is being served must be:

(a) Maintained dry; and

(b) Used for no other purpose.

(2) Cloths in-use for wiping counters and other

EQUIPMENT surfaces must be:

(a) Held between uses in a chemical

SANITIZER solution at a concentration specified

under 04565; and

(b) Laundered daily as specified under 04805(4); or

(3) Cloths in-use for wiping surfaces in contact with raw animal

FOODS must be kept

separate from cloths used for other purposes.

(4) Dry wiping cloths and the chemical

SANITIZING solutions specified in subsection (2)(a) of

this section in which wet wiping cloths are held between uses must be free of

FOOD

debris and visible soil.

(5) Containers of chemical

SANITIZING solutions specified in subsection (2)(a) of this

section in which wet wiping cloths are held between uses must be stored and used in a

manner that prevents contamination of

FOOD, EQUIPMENT, UTENSILS, LINENS,

SINGLE-SERVICE or SINGLE-USE ARTICLES.

(6)

SINGLE-USE disposable SANITIZER wipes must be used in accordance with

EPA-APPROVED manufacturer's label use instructions.

(7) Dry disposable towels used in conjunction with a spray bottle of chemical

SANITIZER

solution at a concentration specified under 04565 must be discarded after each use.

03342 Preventing contamination from equipment, utensils, and linens--Gloves, use limitation

(FDA Food Code 3-304.15).

(1) If used,

SINGLE-USE gloves must be used for only one task such as working with

READY-TO-EAT FOOD or with raw animal FOOD, used for no other purpose, and discarded

when damaged or soiled, or when interruptions occur in the operation.

(2) Except as specified in subsection (3) of this section, slash-resistant gloves that are

used to protect the hands during operations requiring cutting must be used in direct

contact only with

FOOD that is subsequently cooked as specified under Part 3, Subpart

D of this chapter such as frozen

FOOD or a PRIMAL CUT of MEAT.

(3) Slash-resistant gloves may be used with

READY-TO-EAT FOOD that will not be

subsequently cooked if the slash-resistant gloves have a

SMOOTH, durable, and

nonabsorbent outer surface; or if the slash-resistant gloves are covered with a

SMOOTH,

durable, nonabsorbent glove, or a

SINGLE-USE glove.

(4) Cloth gloves may not be used in direct contact with

FOOD unless the FOOD is

subsequently cooked as required under Part 3, Subpart D such as frozen

FOOD or a

PRIMAL CUT of MEAT.

03345 Preventing contamination from equipment, utensils, and linens--Using clean tableware

for second portions and refills (FDA Food Code 3-304.16).

(1) Except for refilling a

CONSUMER'S drinking cup or container without contact between the

pouring

UTENSIL and the lip-contact area of the drinking cup or container, FOOD

EMPLOYEES

may not use TABLEWARE, including SINGLE-SERVICE ARTICLES, soiled by the

CONSUMER, to provide second portions or refills.

(2) Except as specified in subsection (3) of this section, self-service

CONSUMERS may not

be allowed to use soiled

TABLEWARE, including SINGLE-SERVICE ARTICLES, to obtain

additional

FOOD from the display and serving EQUIPMENT.

(3) Drinking cups and containers may be reused by self-service

CONSUMERS if refilling is a

contamination-free process as specified under 04230 (1), (2), and (4).

Page 38 Washington State Retail Food Code

03348 Preventing contamination from equipment, utensils, and linens--Refilling returnables

(FDA Food Code 3-304.17).

(1) Except as specified in subsections (2) through (6) of this section, empty containers

returned to a

FOOD ESTABLISHMENT for cleaning and refilling with FOOD shall be cleaned

and refilled in a regulated

FOOD PROCESSING PLANT.

(2) A take-home

FOOD container returned to a FOOD ESTABLISHMENT may be refilled at a

FOOD ESTABLISHMENT with FOOD if the FOOD container is:

(a) Designed and constructed for reuse and in accordance with the requirements

specified in Part 4, Subparts A and B of this chapter;

(b) One that was initially provided by the

FOOD ESTABLISHMENT to the CONSUMER,

either empty or filled with

FOOD by the FOOD ESTABLISHMENT, for the purpose of

being returned for reuse;

FOOD ESTABLISHMENT by the CONSUMER after use;

(d) Subject to the following steps before being refilled with

FOOD:

(i) Cleaned as specified under Part 4, Subpart F of this chapter;

(ii) Sanitized as specified under Part 4, Subpart G of this chapter; and

(iii) Visually inspected by a

FOOD EMPLOYEE to verify that the container, as

returned, meets the requirements specified under Part 4, Subparts A and B

of this chapter.

(3) A take-home

FOOD container returned to a FOOD ESTABLISHMENT may be refilled at a

FOOD ESTABLISHMENT with a BEVERAGE if:

(a) The

BEVERAGE is not a TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;

(b) The design of the container and of the rinsing

EQUIPMENT and the nature of the

BEVERAGE, when considered together, allow effective cleaning at home or in the

FOOD ESTABLISHMENT;

under pressure and not recirculated are provided as part of the dispensing

system;

(d) The

CONSUMER-owned container returned to the FOOD ESTABLISHMENT for refilling

is refilled for sale or service only to the same

CONSUMER; and

(e) The container is refilled by:

(i) An

EMPLOYEE of the FOOD ESTABLISHMENT; or

(ii) The owner of the container if the

BEVERAGE system includes a

contamination-free transfer process as specified under 04230 (1), (2), and

(4) that cannot be bypassed by the container owner.

(4) Consumer-owned multiuse

BEVERAGE containers may be refilled, including

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD beverages, by EMPLOYEES or the

CONSUMER if refilling is a contamination-free process as specified in 04230 (1), (2), and

(4).

(5)

CONSUMER-owned containers that are not FOOD-specific may be filled at a water

VENDING MACHINE or system.

(6) A

FOOD ESTABLISHMENT under an APPROVED plan may allow CONSUMERS to:

(a) Refill a visibly clean

CONSUMER-owned container with nonREADY-TO-EAT FOOD,

bulk

FOOD, and PACKAGED FOOD;

(b) Refill a visibly clean

CONSUMER-owned container with READY-TO-EAT FOOD when

dispensed from equipment, such as a gravity-flow unit, meeting standards for

liquid food and ice in 04230; and

FOOD EMPLOYEE of the FOOD ESTABLISHMENT to refill a visually clean

CONSUMER-owned container with FOOD using a contamination-free process.

Part 3 – Food Page 39

03351 Preventing contamination from the premises--Food storage (FDA Food Code 3-305.11).

(1) Except as specified in subsections (2) and (3) of this section,

FOOD must be protected

from contamination by storing the

FOOD:

(a) In a clean, dry location;

(b) Where it is not exposed to splash, dust, or other contamination; and

(2)

FOOD in packages and working containers may be stored less than six inches (15 cm)

above the floor on case lot handling

EQUIPMENT as specified under 04268.

(3) Pressurized

BEVERAGE containers, cased FOOD in waterproof containers such as bottles

or cans, and milk containers in plastic crates may be stored on a floor that is clean and

not exposed to floor moisture.

03354 Preventing contamination from the premises--Food storage, prohibited areas (FDA

Food Code 3-305.12).

FOOD may not be stored:

(1) In locker rooms;

(2) In toilet rooms;

(3) In dressing rooms;

(4) In garbage rooms;

(5) In mechanical rooms;

(6) Under sewer lines that are not shielded to intercept potential drips;

(7) Under leaking water lines, including leaking automatic fire sprinkler heads, or under

lines on which water has condensed;

(8) Under open stairwells; or

(9) Under other sources of contamination.

03357 Preventing contamination from the premises--Vended time/temperature control for

safety food, original container (FDA Food Code 3-305.13).

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD dispensed through a VENDING MACHINE must be

in the package in which it was placed at the

FOOD ESTABLISHMENT or FOOD PROCESSING PLANT

at which it was prepared.

03360 Preventing contamination from the premises--Food preparation (FDA Food Code

3-305.14).

During preparation,

FOOD that is not PACKAGED must be protected from environmental sources

of contamination.

03363 Preventing contamination by consumers--Food display (FDA Food Code 3-306.11).

(1) Except for nuts in the shell and whole raw fruits and vegetables that are intended for

hulling, peeling, or washing by the

CONSUMER before consumption, FOOD on display

must be protected from contamination by the use of packaging; counter, service line, or

salad bar

FOOD guards; display cases; or other effective means;

(2) If

PACKAGED for CONSUMER self-service, hard crusted breads such as baguettes must

be completely covered and may be open at one end.

03366 Preventing contamination by consumers--Condiments, protection (FDA Food Code

3-306.12).

(1) Condiments must be protected from contamination by being kept in dispensers that are

designed to provide protection, protected food displays with the proper

UTENSILS,

original containers designed for dispensing, or individual packages or portions.

Page 40 Washington State Retail Food Code

(2) Condiments at a VENDING MACHINE LOCATION must be in individual packages or

provided in dispensers that are filled at an

APPROVED location, such as the FOOD

ESTABLISHMENT

that provides food to the VENDING MACHINE LOCATION, a FOOD

PROCESSING PLANT

that is regulated by the agency that has jurisdiction over the

operation, or a properly equipped facility that is located on the site of the

VENDING

MACHINE LOCATION

03369 Preventing contamination by consumers--Consumer self-service operations (FDA Food

Code 3-306.13).

(1) Raw animal

FOOD such as beef, lamb, pork, POULTRY, and FISH that is not PACKAGED

may not be offered for

CONSUMER self-service. This subsection does not apply to:

(a)

CONSUMER self-service of READY-TO-EAT FOODS at buffets or salad bars that serve

FOODS such as sushi or raw shellfish;

(b) Ready-to-cook individual portions for cooking and immediate consumption on the

PREMISES such as CONSUMER-cooked MEATS or CONSUMER-selected ingredients for

Mongolian barbecue; or

frozen, breaded seafood.

(2)

CONSUMER self-service operations for READY-TO-EAT FOODS must be provided with

suitable

UTENSILS or effective dispensing methods that protect the FOOD from

contamination.

(3)

CONSUMER self-service operations such as buffets and salad bars must be monitored

FOOD EMPLOYEES trained in safe operating procedures.

(4) Containers for display and service of

READY-TO-EAT, unPACKAGED, bulk FOODS for

CONSUMER self-service must have a CONSUMER access point at least 30 inches above

floor level, except for

APPROVED containers of liquids.

03372 Preventing contamination by consumers--Returned food and reservice of food (FDA

Food Code 3-306.14).

(1) Except as specified in subsection (2) and (3) of this section, after being served or sold

and in the possession of a

CONSUMER, FOOD that is unused or returned by the

CONSUMER may not be offered as FOOD for human consumption.

(2) Except as specified under 03800(7), a container of

FOOD that is not TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

may be re-served from one CONSUMER to another if:

(a) The

FOOD is dispensed so that it is protected from contamination and the

container is closed between uses, such as a narrow-neck bottle containing

catsup, steak sauce, or wine; or

(b) The

FOOD, such as crackers, salt, or pepper, is in an unopened original package

and is maintained in sound condition.

(3) Surplus previously served

FOOD, such as whole uncut produce that complies with

03318, unopened bags of sliced fruit, unopened containers of

TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

that are immediately placed in a temperature-controlled

environment, and other

APPROVED FOODS may be re-served to a PERSON or DONATED

FOOD DISTRIBUTING ORGANIZATION

under an APPROVED plan.

03375 Preventing contamination by consumers--Miscellaneous sources of contamination

(FDA Food Code 3-307.11).

FOOD must be protected from contamination that might result from a factor or source not

specified under Part 3, Subparts A through F in this chapter.

Part 3 – Food Page 41

Subpart D - Destruction of Organisms of Public Health Concern

03400 Cooking--Raw animal foods (FDA Food Code 3-401.11).

(1) Except as specified under subsections (2), (3), and (4) of this section, raw animal

FOODS such as EGGS, FISH, MEAT, POULTRY, and FOODS containing these raw animal

FOODS, must be cooked to heat all parts of the FOOD to a temperature and for a time

that complies with one of the following methods based on the

FOOD that is being

cooked:

(a) 145°F (63°C) or above for fifteen seconds for:

(i) Raw

EGGS that are broken and prepared in response to a CONSUMER'S order

and for

IMMEDIATE SERVICE; and

(ii) Except as specified under (b) and (c) of this subsection and subsections (2)

and (3) of this section,

FISH and MEAT, including GAME ANIMALS commercially

raised for

FOOD as specified under 03230 (1)(a) and GAME ANIMALS under a

voluntary inspection program as specified under 03230 (1)(b);

(b) 158°F (70°C) or above for <1 second (instantaneous) or a temperature and time

combination specified in Table 3-1, provided that

FOOD EMPLOYEES monitor both

temperature and time under an

APPROVED plan, for RATITES; MECHANICALLY

TENDERIZED

and INJECTED MEATS; and COMMINUTED FISH, MEAT, GAME ANIMALS

commercially raised for

FOOD as specified under 03230 (1)(a), GAME ANIMALS

under a voluntary inspection program as specified under 03230 (1)(a); and raw

EGGS that are not prepared as specified under (a)(i) of this subsection; or

Table 3-1: Minimum Temperatures

Temperature Time

145°F (63°C) 3 minutes

150°F (66°C) 1 minute

155°F (68°C) 17 seconds

GAME ANIMALS; stuffed FISH; stuffed MEAT; stuffed pasta; stuffed POULTRY, stuffed

RATITES; or stuffing containing FISH, MEAT, POULTRY, or RATITES.

(2) Whole

MEAT roasts, including beef, corned beef, lamb, pork, and cured pork roasts

such as ham, must be cooked:

(a) As specified in the following Table 3-2, to heat all parts of the food to a

temperature and for the holding time that corresponds to that temperature:

Table 3-2: Temperature and Holding Time

Temperature

Time

in Minutes

Temperature

Time

in Seconds

130°F (54.4°C) 112 147°F (63.9°C) 134

131°F (55.0°C) 89 149°F (65.0°C) 85

133°F (56.1°C) 56 151°F (66.1°C) 54

135°F (57.2°C) 36 153°F (67.2°C) 34

136°F (57.8°C) 28 155°F (68.3°C) 22

138°F (58.9°C) 18 157°F (69.4°C) 14

140°F (60.0°C) 12 158°F (70.0°C) 0

142°F (61.1°C) 8

144°F (62.2°C) 5

145°F (62.8°C) 4

Holding time may include postoven heat rise.

Page 42 Washington State Retail Food Code

and

(b) If cooked in an oven, use an oven that is preheated to the temperature specified

for the roast's weight in Table 3-3 and that is held at that temperature:

Table 3-3: Oven Temperature Based on Weight

Oven Type

Less Than 10 lbs.(4.5kg)

10 lbs. (4.5 kg) or More

Still Dry 350°F (177°C) or more 250°F (121°C) or more

Convection 325°F (163°C) or more 250°F (121°C) or more

High Humidity

250°F (121°C) or less 250°F (121°C) or less

Relative humidity greater than 90 percent for at least one hour as measured in the

cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides

100 percent humidity.

(3) A raw or undercooked WHOLE-MUSCLE, INTACT BEEF steak may be served or offered for

sale in a

READY-TO-EAT form if:

(a) The

FOOD ESTABLISHMENT serves a population that is not a HIGHLY SUSCEPTIBLE

POPULATION

;

(b) The steak is labeled to indicate that it meets the definition of

WHOLE-MUSCLE,

INTACT BEEF

as specified under 03200(5); and

145°F (63°C) or above and a cooked color change is achieved on all external

surfaces.

(4) A raw animal

FOOD such as raw EGG, raw FISH, raw-marinated FISH, raw MOLLUSCAN

SHELLFISH

, or steak tartare; or a partially cooked FOOD such as lightly cooked FISH, soft

cooked

EGGS, or rare MEAT other than WHOLE-MUSCLE, INTACT BEEF steaks as specified

in subsection (3) of this section, may be served or offered for sale in a

READY-TO-EAT

form if:

(a) As specified under 03800 (3)(a) and (b), the

FOOD ESTABLISHMENT serves a

population that is not a

HIGHLY SUSCEPTIBLE POPULATION;

(b) The

FOOD is not offered from a children's menu or children's section of any menu;

and

CONSUMER is informed as specified under 03620 that to ensure its safety, the

FOOD should be cooked as specified under subsection (1) or (2) of this section; or

(d) The

REGULATORY AUTHORITY grants a VARIANCE from subsection (1) or (2) of this

section as specified under 08110 based on a

HACCP PLAN that:

(i) Is submitted by the

PERMIT HOLDER and APPROVED as specified under

08115;

(ii) Documents scientific data or other information showing that a lesser time

and temperature regimen results in safe

FOOD; and

(iii) Verifies that

EQUIPMENT and procedures for FOOD preparation and training of

FOOD EMPLOYEES at the FOOD ESTABLISHMENT meet the conditions of the

VARIANCE.

03405 Cooking--Microwave cooking (FDA Food Code 3-401.12).

Raw animal

FOODS cooked in a microwave oven must be:

(1) Rotated or stirred throughout or midway during cooking to compensate for uneven

distribution of heat;

(2) Covered to retain surface moisture;

(3) Heated to a temperature of at least 165°F (74°C) in all parts of the

FOOD; and

(4) Allowed to stand covered for two minutes after cooking to obtain temperature

equilibrium.

Part 3 – Food Page 43

03410 Cooking--Plant food cooking for hot holding (FDA Food Code 3-401.13).

Plant

FOODS that are cooked for hot holding must be cooked to a temperature of at least 135°F

(57°C).

03415 Cooking--Noncontinuous cooking of raw animal foods (FDA Food Code 3-401.14).

Raw animal

FOODS that are cooked using a NONCONTINUOUS COOKING process must be:

(1) Subject to an initial heating process that is no longer than sixty minutes in duration;

(2) Immediately after initial heating, cooled according to the time and temperature

parameters specified for cooked,

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD under

03515(1);

(3) After cooling, held frozen or cold, as specified for

TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

under 03525 (1)(b);

(4) Prior to sale or service, cooked using a process that heats all parts of the

FOOD to a

temperature and time specified under 03400 (1) through (3);

(5) Cooled according to the time and temperature parameters specified for cooked

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD under 03515(1) if not either hot held as

specified under 03525(1), served immediately, or held using time as a public health

control as specified under 03530 after complete cooking;

(6) Prepared and stored according to written procedures that:

(a) Have obtained prior approval from the

REGULATORY AUTHORITY;

(b) Are maintained in the

FOOD ESTABLISHMENT and are available to the REGULATORY

AUTHORITY

upon request;

section are to be monitored, documented and the corrective actions to be taken if

the requirements are not met;

(d) Describe how the

FOODS, after initial heating, but prior to complete cooking, are to

be marked or otherwise identified as

FOODS that must be cooked as specified

under subsection (4) of this section prior to being offered for sale or service; and

(e) Describe how the

FOODS, after initial heating but prior to cooking as specified

under subsection (4) of this section, are to be separated from

READY-TO-EAT

FOODS

as specified under 03306(1).

03420 Cooking--Unattended cooking and hot holding.

Unattended cooking and unattended hot holding are prohibited without continuous

temperature monitoring under an

APPROVED plan.

03425 Freezing--Parasite destruction (FDA Food Code 3-402.11).

(1) Except as specified in subsection (2) of this section, before service or sale in

READY-TO-EAT form, raw, raw marinated, partially cooked, or marinated partially cooked

FISH must be:

(a) Frozen and stored at a temperature of -4°F (-20°C) or below for a minimum of one

hundred sixty-eight hours (seven days) in a freezer; or

(b) Frozen at -31°F (-35°C) or below until solid and stored at -31°F (-35°C) or below

for a minimum of fifteen hours; or

a minimum of twenty-four hours.

(2) Subsection (1) of this section does not apply to:

(a)

MOLLUSCAN SHELLFISH;

(b) A scallop product consisting only of the shucked adductor muscle;

Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus

(Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern); or

Page 44 Washington State Retail Food Code

(d) Aquacultured FISH, such as salmon, that:

(i) If raised in open water, are raised in net pens; or

(ii) Are raised in land-based operations such as ponds or tanks; and

(iii) Are fed formulated feed, such as pellets, that contains no live parasites

infective to the aquacultured

FISH.

(e)

FISH EGGS that have been removed from the skein and rinsed.

(f) Fresh unfrozen finfish, such as halibut or salmon, which are partially cooked only

upon consumer request and served in accordance with 03620(2) and (3)(d).

03430 Freezing--Records, creation and retention (FDA Food Code 3-402.12).

(1) Except as specified under 03425(2) and subsection (2) of this section, if raw, raw

marinated, partially cooked, or marinated partially cooked

FISH are served or sold in

READY-TO-EAT form, the PERSON IN CHARGE shall record the freezing temperature and

time to which the

FISH are subjected and shall retain the records of the FOOD

ESTABLISHMENT

for ninety calendar days beyond the time of service or sale of the FISH.

(2) If the

FISH are frozen by a supplier, a written agreement or statement from the supplier

stipulating that the

FISH supplied are frozen to a temperature and for a time specified

under 03425 may substitute for the records specified under subsection (1) of this

section.

(3) If raw, raw marinated, partially cooked, or marinated partially cooked

FISH are served or

sold in

READY-TO-EAT form, and the FISH are raised and fed as specified under 03425

(2)(c), a written agreement or statement from the supplier or aquaculturist stipulating

that the

FISH were raised and fed as specified under 03425 (2)(c), must be obtained by

the

PERSON IN CHARGE and retained in the records of the FOOD ESTABLISHMENT for ninety

calendar days beyond the time of service or sale of the

FISH.

03435 Reheating--Preparation for immediate service (FDA Food Code 3-403.10).

Cooked and refrigerated

FOOD that is prepared for IMMEDIATE SERVICE in response to an

individual

CONSUMER order, such as a roast beef sandwich au jus, may be served at any

temperature.

03440 Reheating--Reheating for hot holding (FDA Food Code 3-403.11).

(1) Except as specified under subsections (2), (3), and (5) of this section,

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is cooked, cooled, and reheated for

hot holding must be reheated so that all parts of the

FOOD reach a temperature of at

least 165°F (74°C) for fifteen seconds.

(2) Except as specified under subsection (3) of this section,

TIME/TEMPERATURE CONTROL

FOR SAFETY FOOD

reheated in a microwave oven for hot holding must be reheated so

that all parts of the

FOOD reach a temperature of at least 165°F (74°C) and the FOOD is

rotated or stirred, covered, and allowed to stand covered for two minutes after

reheating.

(3)

READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that has been

commercially processed and

PACKAGED in a FOOD PROCESSING PLANT that is inspected

by the

FOOD REGULATORY AUTHORITY that has jurisdiction over the plant, must be heated

to a temperature of at least 135°F (57°C) for hot holding.

(4) Reheating for hot holding as specified under subsections (1) through (3) of this section

must be done rapidly and the time the

FOOD is between 41°F (5°C) and the temperature

specified under subsections (1) through (3) of this section may not exceed two hours.

(5) Remaining unsliced portions of

MEAT roasts that are cooked as specified under

03400(2) may be reheated for hot holding using the oven parameters and minimum

time and temperature conditions specified under 03400(2).

Part 3 – Food Page 45

03445 Other methods--Treating juice (FDA Food Code 3-404.11).

JUICE PACKAGED in a FOOD ESTABLISHMENT must be:

(1) Treated under a

HACCP PLAN as specified under 08215 to attain a 5-log reduction, which

is equal to a 99.999% reduction, of the most resistant microorganism of public health

significance; or

(2) Labeled, if not treated to yield a 5-log reduction of the most resistant microorganism of

public health significance:

(a) As specified under 03610; and

(b) As specified in 21 C.F.R. 101.17(g) Food Labeling, Warning, Notice, and Safe

Handling Statements,

JUICES that have not been specifically processed to prevent,

reduce, or eliminate the presence of pathogens with the following, "Warning:

This product has not been pasteurized and, therefore, may contain harmful

bacteria that can cause serious illness in children, the elderly, and persons

with weakened immune systems."

Subpart E - Limitation of Growth of Organisms of Public Health Concern

03500 Temperature and time control--Frozen food (FDA Food Code 3-501.11).

Stored frozen

FOODS must be maintained frozen.

03505 Temperature and time control—Time/temperature control for safety food, slacking (FDA

Food Code 3-501.12).

Frozen

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is slacked to moderate the

temperature must be held:

(1) Under refrigeration that maintains the

FOOD temperature at 41°F (5°C) for less; or

(2) At any temperature if the

FOOD remains frozen.

03510 Temperature and time control--Thawing. (FDA Food Code 3-501.13).

Except as specified in subsection (4) of this section,

TIME/TEMPERATURE CONTROL FOR SAFETY

FOOD

must be thawed:

(1) Under refrigeration that maintains the

FOOD temperature at 41°F (5°C) or less; or

(2) Completely submerged under running water:

(a) At a water temperature of 70°F (21°C) or below;

(b) With sufficient water velocity to agitate and float off loose particles in an overflow;

and

READY-TO-EAT FOOD to

rise above 41°F (5°C); or

(d) For a period of time that does not allow thawed portions of raw animal

FOOD

requiring cooking as specified under 03400 (1) or (2) to be above 41°F (5°C) for

more than four hours including:

(i) The time the

FOOD is exposed to the running water and the time needed for

preparation for cooking; or

(ii) The time it takes under refrigeration to lower the

FOOD temperature to 41°F

(5°C);

(3) As part of a cooking process if the

FOOD that is frozen is:

(a) Cooked as specified under 03400 (1) or (2) or 03405; or

(b) Thawed in a microwave oven and immediately transferred to conventional

cooking

EQUIPMENT, with no interruption in the process; or

(4) Using any procedure if a portion of frozen,

READY-TO-EAT FOOD is thawed and prepared

for

IMMEDIATE SERVICE in response to an individual customer's order; or

Page 46 Washington State Retail Food Code

(5) REDUCED OXYGEN PACKAGED FISH that bears a label indicating that it is to be kept frozen

until time of use must be removed from the reduced oxygen environment:

(a) Prior to thawing under refrigeration as specified in subsection (1) of this section;

(b) Prior to, or immediately upon completion of, thawing using procedures specified in

subsection (2) of this section.

03515 Temperature and time control--Cooling (FDA Food Code 3-501.14).

(1) Cooked

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD must be cooled, uncovered,

protected from contamination, in

EQUIPMENT that maintains an ambient air temperature

of 41°F (5°C) or less and:

(a) In a shallow, uncovered, layer of two inches or less; or

(b) Up to four inches thick in one dimension and not touching other pieces of

FOOD for

INTACT MEAT.

(2) As an alternative to the cooling provisions of subsection (1) of this section, cooling

methods identified in 03520 that meet the following time and temperature criteria are

allowed:

(a) Within two hours from 135°F (57°C) to 70°F (21°C); and

(b) Within a total of six hours from 135°F (57°C) to 41°F (5°C) or less

(3)

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD must be cooled within four hours to 41°F

(5°C) or less if prepared from ingredients at ambient temperature, such as

reconstituted

FOODS and canned tuna.

(4) Except as specified in subsection (5) of this section, a

TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

received in compliance with LAWS allowing a temperature above 41°F

(5°C) during shipment from the supplier as specified under 03235(2), must be cooled

within four hours to 41°F (5°C) or less.

(5) Raw

EGGS must be received as specified under 03235(3) and immediately placed in

refrigerated

EQUIPMENT that maintains an ambient air temperature of 45°F (7°C) or less.

03520 Temperature and time control--Cooling methods (FDA Food Code 3-501.15).

(1) Cooling must be accomplished in accordance with the time and temperature

requirements specified under 03515 by using one or more of the following methods

based on the type of

FOOD being cooled:

(a) Placing the

FOOD in shallow pans;

(b) Separating the

FOOD into smaller or thinner portions;

EQUIPMENT;

(d) Stirring the

FOOD in a container placed in an ice water bath;

(e) Using containers that facilitate heat transfer;

(f) Adding ice as an ingredient; or

(g) Other effective methods.

(2) When placed in cooling or cold holding

EQUIPMENT, FOOD containers in which FOOD is

being cooled must be:

(a) Arranged in the

EQUIPMENT to provide maximum heat transfer through the

container walls; and

(b) Uncovered and protected from overhead contamination as specified under

03351(1), during the cooling period to facilitate heat transfer from the surface of

the

FOOD; or

Part 3 – Food Page 47

03525 Temperature and time control—Time/temperature control for safety food, hot and cold

holding (FDA Food Code 3-501.16).

(1) Except during active preparation for up to two hours, cooking, or cooling or when time

is used as the public health control as specified under 03530, and except as specified

in subsections (2) and (3) of this section,

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD

must be maintained:

(a) At 135°F (57°C) or above, except that roasts cooked to a temperature and for a

time specified under 03400(2) or reheated as specified under 03440 may be held

at a temperature of 130°F (54°C) or above; or

(b) At 41°F (5°C) or less.

(2)

EGGS that have not been treated to destroy all viable salmonellae must be stored in

refrigerated

EQUIPMENT that maintains an ambient air temperature of 45°F (7°C) or less.

(3)

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD in a homogenous liquid form may be

maintained outside the temperature control requirements, as specified under

subsection (1) of this section, while contained within specially designed

EQUIPMENT that

complies with the design and construction requirements as specified under 04230(5).

03526 Temperature and time control—Ready-to-eat, time/temperature control for safety food,

date marking (FDA Food Code 3-501.17).

(1) Except when

PACKAGING FOOD using a REDUCED OXYGEN PACKAGING method as

specified under 03540, and except as specified in subsections (5) and (6) of this

section, refrigerated,

READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD

prepared and held in a

FOOD ESTABLISHMENT for more than twenty-four hours must be

clearly marked to indicate the date or day by which the

FOOD must be consumed on the

PREMISES, sold, or discarded when held at a temperature of 41ºF (5ºC) or less for a

maximum of seven days. The day of preparation must be counted as day one.

(2) Except as specified in subsections (5) through (7) of this section, refrigerated,

READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared and PACKAGED

by a

FOOD PROCESSING PLANT must be clearly marked, at the time the original container

is opened in a

FOOD ESTABLISHMENT and if the FOOD is held for more than twenty-four

hours, to indicate the date or day by which the

FOOD must be consumed on the

PREMISES, sold, or discarded, based on the temperature and time requirements

specified in subsection (1) of this section and:

(a) The day the original container is opened in the

FOOD ESTABLISHMENT is counted as

day one; and

(b) The day or date marked by the

FOOD ESTABLISHMENT may not exceed a

manufacturer's use-by date if the manufacturer determined the use-by date based

FOOD safety.

(3) A refrigerated,

READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD ingredient

or a portion of a refrigerated,

READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY

FOOD

that is combined with additional ingredients or portions of FOOD must retain the

date marking of the earliest-prepared or first-prepared ingredient.

(4) A date marking system that meets the criteria stated in subsections (1) and (2) of this

section may include:

(a) Using a method

APPROVED by the REGULATORY AUTHORITY for refrigerated,

READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is frequently

rewrapped, such as lunchmeat or a roast, or for which date marking is impractical,

such as soft-serve mix or milk in a dispensing machine;

(b) Marking the date or day of preparation, with a procedure to discard the

FOOD on or

before the last date or day by which the

FOOD must be consumed on the

PREMISES, sold, or discarded as specified under subsection (1) of this section;

Page 48 Washington State Retail Food Code

ESTABLISHMENT, with a procedure to discard the FOOD on or before the last date or

day by which the

FOOD must be consumed on the PREMISES, sold, or discarded as

specified under subsection (2) of this section; or

(d) Using calendar dates, days of the week, color-coded marks, or other effective

marking methods, provided that the marking system is disclosed to the

REGULATORY AUTHORITY upon request.

(5) Subsections (1) and (2) of this section do not apply to individual meal portions served

or re

PACKAGED for sale from a bulk container upon a consumer's request.

(6) Subsections (1) and (2) of this section do not apply to

SHELLSTOCK.

(7) Subsection (2) of this section does not apply to the following

FOODS prepared and

PACKAGED by a FOOD PROCESSING PLANT inspected by a REGULATORY AUTHORITY:

(a) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta

salad, potato salad, and macaroni salad, manufactured in accordance with 21

C.F.R. 110 Current Good Manufacturing Practice in Manufacturing, Packing, or

Holding Human Food;

(b) Hard cheeses containing not more than thirty-nine percent moisture as defined in

21 C.F.R. 133 Cheeses and Related Cheese Products, such as cheddar, gruyere,

parmesan and reggiano, and romano;

more than fifty percent moisture, as defined in 21 C.F.R. 133 Cheeses and

Related Cheese Products, such as blue, edam, gorgonzola, gouda, and monterey

jack;

(d) Cultured dairy products as defined in 21 C.F.R. 131 Milk and Cream, such as

yogurt, sour cream, and buttermilk;

(e) Preserved

FISH products, such as pickled herring and dried or salted cod, and

other acidified

FISH products defined in 21 C.F.R. 114 Acidified Foods;

(f) Shelf stable, dry fermented sausages, such as pepperoni and genoa; and

(g) Shelf stable salt-cured products such as prosciutto and parma ham.

03527 Temperature and time control—Ready-to-eat, time/temperature control for safety food,

disposition (FDA Food Code 3-501.18).

(1) A

FOOD specified in 03526(1) and (2) must be discarded unless it is cooked or reheated

to 165°F (74°C) prior to service, if it:

(a) Exceeds the temperature and time requirements specified in 03526, except time

that the product is frozen;

(b) Is in a container or

PACKAGE that does not bear a date or day and there is no

ability to validate the opening date; or

combination as specified in 03526(1).

(2) Refrigerated,

READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared in

FOOD ESTABLISHMENT and dispensed through a VENDING MACHINE with an automatic

shutoff control must be discarded if it exceeds a temperature and time requirement as

specified in 03526(1).

(3) A

FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION may not reheat

improperly marked

FOOD as specified under subsection (1) of this section.

Part 3 – Food Page 49

03530 Temperature and time control--Time as a public health control (FDA Food Code

3-501.19).

(1) Except as specified under subsection (3) of this section, if time without temperature

control is used as the public health control for a working supply of

TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

before cooking, or for READY-TO-EAT TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

that is displayed or held for sale or service for immediate

consumption:

(a) Written procedures must be prepared in advance, maintained in the

FOOD

ESTABLISHMENT

and made available to the REGULATORY AUTHORITY upon request

that specify:

(i) Methods of compliance with subsections (2)(a) through (c) of this section;

and

(ii) Methods of compliance with 03515 for

FOOD that is prepared, cooked, and

refrigerated before time is used as a public health control.

(2) If time without temperature control is used as the public health control up to a maximum

of four hours:

(a) The

FOOD must have an internal temperature of 41°F (5°C) or less when removed

from cold holding temperature control, or 135°F (57°C) or greater when removed

from hot holding temperature control;

(b) The

FOOD may have an initial temperature of 70°F (21°C) or less if;

(i) It is a

READY-TO-EAT fruit or vegetable that upon cutting is rendered a

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD; or

(ii) It is a

READY-TO-EAT hermetically sealed FOOD that upon opening is

rendered a

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;

(iii) The

FOOD temperature does not exceed 70°F (21°C) within a maximum

time period of four hours from the time it was rendered a

TIME/ TEMPERATURE

CONTROL FOR SAFETY FOOD

; and

(iv) The

FOOD is marked or otherwise identified to indicate the time that is four

hours past the point in time when the

FOOD is rendered a TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

FOOD must be marked or otherwise identified to indicate the time that is four

hours past the point in time when the

FOOD is removed from temperature control;

(d) The

FOOD must be cooked and served, served at any temperature if READY-TO-EAT

or discarded, within four hours from the point in time when the

FOOD is removed

from temperature control; and

(e) The

FOOD in unmarked containers or packages, or marked to exceed a four-hour

limit, must be discarded.

(3) A

FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION may not use time

as specified under subsections (1) and (2) of this section as the public health control for

raw

EGGS.

03535 Specialized processing methods--Variance requirement (FDA Food Code 3-502.11).

FOOD ESTABLISHMENT shall obtain a VARIANCE from the REGULATORY AUTHORITY as specified

under 08110 and 08115 before:

(1) Smoking

FOOD as a method of FOOD preservation rather than as a method of flavor

enhancement;

(2) Curing

FOOD;

(3) Using

FOOD ADDITIVES or adding components such as vinegar:

(a) As a method of

FOOD preservation rather than as a method of flavor

enhancement; or

(b) To render a

FOOD so that it is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;

Page 50 Washington State Retail Food Code

(4) Packaging TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED OXYGEN

PACKAGING

method except where the growth of and toxin formation by Clostridium

botulinum and the growth of Listeria monocytogenes are controlled as specified under

03540;

(5) Operating a

MOLLUSCAN SHELLFISH life-support system display tank used to store or

display shellfish that are offered for human consumption;

(6) Custom processing animals that are for personal use as

FOOD and not for sale or

service in a

FOOD ESTABLISHMENT;

(7) Preparing

FOOD by another method that is determined by the REGULATORY AUTHORITY to

require a

VARIANCE; or

(8) Sprouting seeds or beans.

03540 Specialized processing methods--Reduced oxygen packaging without a variance,

criteria (FDA Food Code 3-502.12).

(1) Except for a

FOOD ESTABLISHMENT that obtains a VARIANCE as specified under 03535, a

FOOD ESTABLISHMENT that packages TIME/TEMPERATURE CONTROL FOR SAFETY FOOD

using a

REDUCED OXYGEN PACKAGING method shall control the growth and toxin

formation of Clostridium botulinum and the growth of Listeria monocytogenes.

(2) Except as specified under subsection (6) of this section, a

FOOD ESTABLISHMENT that

packages

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED OXYGEN

PACKAGING

method shall have a HACCP PLAN that contains the information specified

under 08215(3) and (4) and that:

(a) Identifies the

FOOD to be PACKAGED;

(b) Except as specified under subsections (3) through (5) of this section, requires that

the

PACKAGED FOOD must be maintained at 41°F (5°C) or less and meet at least

one of the following requirements:

(i) Has an

of 0.91 or less;

(ii) Has a

PH of 4.6 or less;

(iii) Is a

MEAT or POULTRY product cured at a FOOD PROCESSING PLANT regulated

by the

USDA using substances specified in 9 C.F.R. 424.21, Use of Food

Ingredients and Sources of Radiation, and is received in an intact package;

(iv) Is a

FOOD with a high level of competing organisms such as raw MEAT, raw

POULTRY, or raw vegetables;

PACKAGE must be prominently and conspicuously labeled on

the principal display panel in bold type on a contrasting background, with

instructions to:

(i) Maintain the

FOOD at 41°F (5°C) or below; and

(ii) Discard the

FOOD if within thirty calendar days of its packaging it is not

served for on-

PREMISES consumption, or consumed if served or sold for

off-

PREMISES consumption;

(d) Limits the refrigerated shelf life to no more than thirty calendar days from

packaging to consumption, except the time the product is maintained frozen, or

the original manufacturer's "sell by" or "use by" date, whichever occurs first:

(e) Includes operational procedures that:

(i) Prohibit contacting

READY-TO-EAT FOOD with bare hands as specified under

03300(2);

(ii) Identify a designated work area and the method by which:

(A) Physical barriers or methods of separation of raw

FOODS and

READY-TO-EAT FOODS minimize cross contamination; and

(B) Access to the processing

EQUIPMENT is limited to responsible trained

personnel familiar with the potential hazards of the operation; and

(iii) Delineate cleaning and

SANITIZATION procedures for FOOD-CONTACT

SURFACES

; and

Part 3 – Food Page 51

(f) Describes the training program that ensures that the individual responsible for the

REDUCED OXYGEN PACKAGING operation understands the:

(i) Concepts required for a safe operation;

(ii)

EQUIPMENT and facilities; and

(iii) Procedures specified under (e) of this subsection and 08215(3) and (4);

and

(g) Is provided to the

REGULATORY AUTHORITY prior to implementation as specified

under 08210(2).

(3) Except for

FISH that is frozen before, during, and after packaging, a FOOD

ESTABLISHMENT

may not package FISH using a REDUCED OXYGEN PACKAGING method.

(4) Except as specified under subsection (3) and (6) of this section, a

FOOD ESTABLISHMENT

that

PACKAGES FOOD using a cook-chill or sous vide process shall:

(a) Provide to the

REGULATORY AUTHORITY prior to implementation a HACCP PLAN that

contains the information as specified under 08215(3) and (4);

(b) Ensure the

FOOD is:

(i) Prepared and consumed on the

PREMISES, or prepared and consumed off

the

PREMISES but within the same business entity with no distribution or sale

of the

PACKAGED product to another business entity or the CONSUMER;

(ii) Cooked to heat all parts of the

FOOD to a temperature and for a time as

specified under 03400(1) through (3);

(iii) Protected from contamination before and after cooking as specified under

Part 3, Subpart C and D of this chapter;

(iv) Placed in a package with an oxygen barrier and sealed before cooking, or

placed in a package and sealed immediately after cooking and before

reaching a temperature below 135°F (57°C);

(v) Cooled to 41°F (5°C) in the sealed package or bag as specified under

03515 and:

(A) Cooled to 34°F (1°C) within forty-eight hours of reaching 41°F (5°C)

and held at that temperature until consumed or discarded within thirty

days after the date of

PACKAGING;

(B) Held at 41°F (5°C) or less for no more than seven days, at which time

the

FOOD must be consumed or discarded; or

or used.

(vi) Held in a refrigeration unit that is equipped with an electronic system that

continuously monitors time and temperature and is visually examined for

proper operation twice daily;

(vii) If transported off-site to a satellite location of the same business entity,

equipped with verifiable electronic monitoring devices to ensure that times

and temperatures are monitored during transportation; and

(viii) Labeled with the product name and the date

PACKAGED; and

time/temperature parameters are required as part of the

HACCP PLAN and:

(i) Make such records available to the

REGULATORY AUTHORITY upon request;

and

(ii) Hold such records for at least six months after the last date the product was

sold or served.

(d) Implement written operational procedures as specified under subsection (2)(e) of

this section and a training program as specified under subsection (2)(f) of this

section.

(5) Except as specified under subsection (6) of this section, a

FOOD ESTABLISHMENT that

packages cheese using a

REDUCED OXYGEN PACKAGING method must:

(a) Limit the cheeses

PACKAGED to those that are commercially manufactured in a

FOOD PROCESSING PLANT with no ingredients added in the FOOD ESTABLISHMENT

Page 52 Washington State Retail Food Code

and that meet the Standards of Identity as specified in 21 C.F.R. 133.150 Hard

cheeses, 21 C.F.R. 133.169 Pasteurized process cheese or 21 C.F.R. 133.187

Semisoft cheeses;

(b) Have a

HACCP PLAN that contains the information specified under 08215(3) and (4)

and as specified under subsection (2)(a), (c)(i), (e), and (f) of this section;

not exceed thirty days from its packaging or the original manufacturer's "sell by" or

"use by" date, whichever comes first; and

(d) Discards the

REDUCED OXYGEN PACKAGED cheese if it is not sold for off-PREMISES

consumption or consumed within thirty calendar days of its packaging.

(6) A

HACCP PLAN is not required when a FOOD ESTABLISHMENT uses a REDUCED OXYGEN

PACKAGING

method to PACKAGE raw or READY-TO-EAT TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

that is always:

(a) Labeled with the production time and date;

(b) Held at 41°F (5°C) or less during refrigerated storage; and

PACKAGE in the FOOD ESTABLISHMENT within forty-eight hours

after

PACKAGING.

Subpart F - Food Identity, Presentation, and On-Premises Labeling

03600 Accurate representation--Standards of identity (FDA Food Code 3-601.11).

PACKAGED FOOD must comply with standard of identity requirements in 21 C.F.R. 131-169 and

9 C.F.R. 319 Definitions and Standards of Identity or Composition, and the general

requirements in 21 C.F.R. 130 - Food Standards: General and 9 C.F.R. 319 Subpart A -

General.

03605 Accurate representation--Honestly presented (FDA Food Code 3-601.12).

(1)

FOOD must be offered for human consumption in a way that does not mislead or

misinform the

CONSUMER.

(2)

FOOD ADDITIVES or COLOR ADDITIVES, colored overwraps, or lights may not be used to

misrepresent the true appearance, color, or quality of a

FOOD.

03610 Labeling--Food labels (FDA Food Code 3-602.11).

(1)

FOOD PACKAGED in a FOOD ESTABLISHMENT must be labeled as specified in LAW,

including chapter 69.04 and 15.130 RCW; 21 C.F.R. 101 - Food Labeling; and 9 C.F.R.

317 - Labeling, Marking Devices, and Containers.

(2) Label information must include:

(a) The common name of the

FOOD or, absent a common name, an adequately

descriptive identity statement;

(b) If made from two or more ingredients, a list of ingredients in descending order of

predominance by weight, including a declaration of artificial color or flavor and

chemical preservatives, if contained in the

FOOD;

(d) The name and place of business of the manufacturer, packer, or distributor;

(e) The name of the

FOOD source for each MAJOR FOOD ALLERGEN contained in the

FOOD unless the FOOD source is already part of the common or unusual name of

the respective ingredient;

(f) Except as exempted in the Federal Food, Drug, and Cosmetic Act Section

403(q)(3) through (5), nutrition labeling as specified in 21 C.F.R. 101 - Food

Labeling and 9 C.F.R. 317 Subpart B Nutrition Labeling; and

(g) For any salmonid

FISH containing canthaxanthin or astaxanthin as a COLOR

ADDITIVE

, the labeling of the bulk FISH container, including a list of ingredients,

displayed on the retail container or by other written means, such as a counter

card, that discloses the use of canthaxanthin or astaxanthin.

Part 3 – Food Page 53

(3) Bulk FOOD that is available for CONSUMER self-dispensing must be prominently labeled

with the following information in plain view of the

CONSUMER:

(a) The manufacturer's or processor's label that was provided with the

FOOD; or

(b) A card, sign, or other method of notification that includes the information specified

under subsection (2)(a), (b), and (f) of this section.

(4) Bulk un

PACKAGED FOODS such as bakery products and unPACKAGED FOODS that are

portioned to

CONSUMER specification need not be labeled if:

(a) A health, nutrient content, or other claim is not made;

(b) There are no state or local

LAWS requiring labeling; and

FOOD is manufactured or prepared on the PREMISES of the FOOD

ESTABLISHMENT

or at another FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT

that is owned by the same

PERSON and is regulated by the FOOD regulatory

agency that has jurisdiction.

(5) Whenever unpasteurized milk and

FOODS containing unpasteurized milk are offered for

sale at a

FOOD ESTABLISHMENT, except hard or semi-soft raw milk cheeses properly

fermented and aged for a minimum of sixty days in compliance with 21 C.F.R. Part 133,

the

PERMIT HOLDER and PERSON IN CHARGE shall ensure that:

(a) The product is conspicuously labeled "raw milk" or "contains raw milk"; and

(b) A sign is posted in a conspicuous manner near the product stating: "Warning:

Raw milk or foods prepared from raw milk may be contaminated with

dangerous bacteria capable of causing severe illness. Contact your local

health agency for advice or to report a suspected illness."

(6) The

PERMIT HOLDER and PERSON IN CHARGE shall ensure that required information

contained on

FOOD labels is in the English language, except that duplicate labeling in

other languages is allowed.

03615 Labeling--Other forms of information (FDA Food Code 3-602.12).

(1) If required by

LAW, CONSUMER warnings must be provided.

(2)

FOOD ESTABLISHMENT or manufacturers' dating information on FOODS may not be

concealed or altered.

03620 Consumer advisory--Consumption of animal foods that are raw, undercooked, or not

otherwise processed to eliminate pathogens (FDA Food Code 3-603.11).

(1) Except as specified under 03400 (3) and (4)(d) and 03800(3) if an animal

FOOD such as

beef,

EGGS, FISH, lamb, pork, POULTRY, or shellfish is served or sold raw, undercooked,

or without otherwise being processed to eliminate pathogens, either in a

READY-TO-EAT

form or as an ingredient in another

READY-TO-EAT FOOD, the PERMIT HOLDER shall inform

CONSUMERS of the significantly increased RISK of consuming such FOODS by way of a

DISCLOSURE and REMINDER, as specified in subsections (2) and (3) of this section using

brochures, deli case menu advisories, label statements, table tents, placards, or other

effective written means.

(2)

DISCLOSURE must include:

(a) A description of the animal-derived

FOODS such as "oysters on the half shell (raw

oysters)," "fresh fish (can be cooked to order)," "raw egg Caesar salad," and

"hamburgers (can be cooked to order)"; or

(b) Identification of the animal-derived

FOODS by asterisking them to a footnote that

states that the items are served raw or undercooked and contain (or might

contain) raw or undercooked ingredients.

(3)

REMINDER must include asterisking the animal-derived FOODS requiring DISCLOSURE to a

footnote that states:

(a) "Regarding the safety of these items, written information is available upon

request";

Page 54 Washington State Retail Food Code

(b) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs might

increase your risk of foodborne illness";

increase your risk of foodborne illness, especially if you have certain medical

conditions"; or

(d) "Regarding the safety of consuming fresh partially cooked fish, information is

available upon request."

Subpart G - Contaminated Food

03700 Disposition--Discarding or reconditioning unsafe, adulterated, or contaminated food

(FDA Food Code 3-701.11).

(1) A

FOOD that is unsafe, ADULTERATED, or not honestly presented as specified under

03100 must be discarded or reconditioned according to an

APPROVED procedure.

(2)

FOOD that is not from an APPROVED source as specified under 03200 through 03230

must be discarded.

(3)

READY-TO-EAT FOOD that might have been contaminated by an EMPLOYEE who has been

RESTRICTED or EXCLUDED as specified under 02220 and 02225 must be discarded.

(4)

FOOD that is contaminated by FOOD EMPLOYEES, CONSUMERS, or other PERSONS through

contact with their hands, bodily discharges, such as nasal or oral discharges, or other

means must be discarded.

03705 Disposition--Examination, hold orders, condemnation, and destruction of food.

(1) The

PERMIT HOLDER or PERSON IN CHARGE of a FOOD ESTABLISHMENT in which FOOD has

been improperly handled, stored, or prepared shall:

(a) Voluntarily destroy the questionable

FOOD; or

(b) Contact the

REGULATORY AUTHORITY to determine if the FOOD is safe for human

consumption.

(2) The

PERMIT HOLDER or PERSON IN CHARGE of a FOOD ESTABLISHMENT shall denature or

destroy any

FOOD if the REGULATORY AUTHORITY determines the FOOD presents an

imminent or actual health hazard.

(3) The

REGULATORY AUTHORITY may examine or collect samples of FOOD as often as

necessary for enforcement of these regulations.

(4) The

REGULATORY AUTHORITY may, after notice to the PERMIT HOLDER or PERSON IN

CHARGE

, place a written hold order on any suspect FOOD until a determination on its

safety can be made and shall:

(a) Tag;

(b) Label; or

FOOD subject to the hold order and complete a form

APPROVED by the Washington State Department of Health for all suspect FOOD.

(5) The hold order issued by the

REGULATORY AUTHORITY must include:

(a) Instructions for filing a written request for a hearing with the

REGULATORY

AUTHORITY

within ten calendar days; and

(b) Notification that if a hearing is not requested in accordance with the instructions

provided in the hold order, and the

REGULATORY AUTHORITY does not vacate the

hold order, the

FOOD must be destroyed under the supervision of a representative

of the

REGULATORY AUTHORITY.

(6) When

FOOD is subject to a hold order by the REGULATORY AUTHORITY, the PERMIT

HOLDER

and PERSON IN CHARGE are prohibited from:

(a) Using the

FOOD;

(b) Serving the

FOOD; or

Part 3 – Food Page 55

(7) The

REGULATORY AUTHORITY may allow storage of FOOD under conditions specified in

the hold order, unless storage is not possible without

RISK to public health, in which

case immediate destruction shall be ordered and must be accomplished by the

PERMIT

HOLDER

or PERSON IN CHARGE of the FOOD ESTABLISHMENT.

(8) Based upon evidence provided at the hearing, the

REGULATORY AUTHORITY may either:

(a) Vacate the hold order; or

(b) Direct the

PERMIT HOLDER or PERSON IN CHARGE of the FOOD ESTABLISHMENT by

written order to:

(i) Denature or destroy such

FOOD; or

(ii) Bring the

FOOD into compliance with the provisions of these regulations.

Subpart H - Special Requirements for Highly Susceptible Populations

03800 Additional safeguards--Pasteurized foods, prohibited reservice, and prohibited food

(FDA Food Code 3-801.11).

In a

FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION:

(1) The following requirements apply to

JUICE:

(a) For the purposes of subsection (1) of this section, children who are age nine or

less and receive

FOOD in a school, day care setting, or similar facility that provides

custodial care are included as

HIGHLY SUSCEPTIBLE POPULATIONS;

(b) Pre

PACKAGED JUICE or a prePACKAGED BEVERAGE containing JUICE, that bears a

warning label as specified in 21 C.F.R., Section 101.17(g) Food Labeling,

Warning, Notice and Safe Handling Statements,

JUICES that have not been

specifically processed to prevent, reduce, or eliminate the presence of pathogens,

or a

PACKAGED JUICE or BEVERAGE containing JUICE that bears a warning label as

specified under 03445(2) may not be served or offered for sale; and

PACKAGED JUICE that is prepared on the PREMISES for service or sale in a

READY-TO-EAT form must be processed under a HACCP PLAN that contains the

information specified under 08215 (2) through (5) and as specified in 21 C.F.R.

Part 120 - Hazard Analysis and Critical Control Point (HACCP) Systems, Subpart

B Pathogen Reduction, 120.24 Process controls.

(2) Pasteurized

EGGS or EGG PRODUCTS must be substituted for raw EGGS in the

preparation of:

(a)

FOODS such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise,

meringue, eggnog, ice cream, and

EGG-fortified BEVERAGES; and

(b) Except as specified in subsection (6) of this section, recipes in which more than

one

EGG is broken and the EGGS are combined;

(3) The following

FOODS may not be served or offered for sale in a READY-TO-EAT form:

(a) Raw animal

FOODS such as raw FISH, raw marinated FISH, raw MOLLUSCAN

SHELLFISH

, and steak tartare;

(b) A partially cooked animal

FOOD such as lightly cooked FISH, rare MEAT, soft

cooked

EGGS that are made from raw EGGS, and meringue; and

(4)

FOOD EMPLOYEES may not contact READY-TO-EAT FOOD as specified under 03300 (2) and

(5).

(5) Time only, as the public health control as specified under 03530(3), may not be used

for raw

EGGS.

(6) Subsection (2)(b) of this section does not apply if:

(a) The raw

EGGS are combined immediately before cooking for one CONSUMER'S

serving at a single meal, cooked as specified under 03400 (1)(a), and served

immediately such as an omelet, souffle, or scrambled

EGGS;

Page 56 Washington State Retail Food Code

(b) The raw EGGS are combined as an ingredient immediately before baking and the

EGGS are thoroughly cooked to a READY-TO-EAT form, such as a cake, muffin, or

bread; or

FOOD is conducted under a HACCP PLAN that:

(i) Identifies the

FOOD to be prepared;

(ii) Prohibits contacting

READY-TO-EAT FOOD with bare hands;

(iii) Includes specifications and practices that ensure:

(A) Salmonella Enteritidis growth is controlled before and after cooking;

and

(B) Salmonella Enteritidis is destroyed by cooking the

EGGS according to

the temperature and time specified under 03400 (1)(b);

(iv) Contains the information specified under 08215(4) including procedures

that:

(A) Control cross contamination of

READY-TO-EAT FOOD with raw EGGS;

and

(B) Delineate cleaning and

SANITIZING procedures for FOOD-CONTACT

SURFACES

; and

(v) Describes the training program that ensures that the

FOOD EMPLOYEE

responsible for the preparation of the

FOOD understands the procedures to

be used.

(7) Except as specified in subsection (8) of this section,

FOOD may be re-served as

specified under 03372 (2)(a) and (b).

(8)

FOOD may not be re-served under the following conditions:

(a) Any

FOOD served to patients or clients who are under contact precautions in

medical isolation or quarantine, or protective environmental isolation may not be

re-served to others outside.

(b) Packages of

FOOD from any patients, clients, or other CONSUMERS should not be

re-served to

PERSONS in protective environmental isolation.

(9) Reheating, as specified under 03527(1), may not be used for improperly marked

FOOD.

Part 4 – Equipment, Utensils and Linens Page 57

PART 4: EQUIPMENT, UTENSILS AND LINENS

Subpart A - Materials for Construction and Repair

04100 Multiuse--Characteristics (FDA Food Code 4-101.11).

Materials that are used in the construction of

UTENSILS and FOOD-CONTACT SURFACES of

EQUIPMENT may not allow the migration of deleterious substances or impart colors, odors, or

tastes to

FOOD and under normal use conditions must be:

(1) Safe;

(2) Durable,

CORROSION-RESISTANT, and nonabsorbent;

(3) Sufficient in weight and thickness to withstand repeated

WAREWASHING;

(4) Finished to have a

SMOOTH, EASILY CLEANABLE surface; and

(5) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and

decomposition.

04105 Multiuse--Cast iron, use limitation (FDA Food Code 4-101.12).

(1) Except as specified in subsections (2) and (3) of this section, cast iron may not be used

for

UTENSILS or FOOD-CONTACT SURFACES of EQUIPMENT.

(2) Cast iron may be used as a surface for cooking.

(3) Cast iron may be used in

UTENSILS for serving FOOD if the UTENSILS are used only as

part of an uninterrupted process from cooking through service.

04110 Multiuse--Lead in ceramic, china, and crystal utensils, use limitation (FDA Food Code

4-101.13).

(1) Ceramic, china, crystal

UTENSILS, and decorative UTENSILS such as hand painted

ceramic or china that are used in contact with

FOOD must be lead-free or contain levels

of lead not exceeding the limits of the following

UTENSIL categories:

UTENSIL

Category

Description

Maximum Lead

BEVERAGE Mugs, Cups, Pitchers Coffee Mugs 0.5

Large Hollowware

(excluding pitchers)

Bowls ≥ 1.1 L

(1.16 Quart)

Small Hollowware

(excluding cups and mugs)

Bowls < 1.1 L

(1.16 Quart)

2.0

Flat TABLEWARE Plates, Saucers 3.0

(2) Pewter alloys containing lead in excess of 0.05% may not be used as a FOOD-CONTACT

SURFACE

(3) Solder and flux containing lead in excess of 0.2% may not be used as a

FOOD-CONTACT

SURFACE

04115 Multiuse--Copper, use limitation (FDA Food Code 4-101.14).

(1) Except as specified in subsection (2) of this section, copper and copper alloys such as

brass may not be used in contact with a

FOOD that has a PH below six such as vinegar,

fruit

JUICE, or wine or for a fitting or tubing installed between a backflow prevention

device and a carbonator.

(2) Copper and copper alloys may be used in contact with beer brewing ingredients that

have a

PH below six in the prefermentation steps of a beer brewing operation such as a

brewpub or microbrewery.

Page 58 Washington State Retail Food Code

04120 Multiuse--Galvanized metal, use limitation (FDA Food Code 4-101.15).

Galvanized metal may not be used for

UTENSILS or FOOD-CONTACT SURFACES of EQUIPMENT that

are used in contact with acidic

FOOD.

04125 Multiuse--Sponges, use limitation (FDA Food Code 4-101.16).

Sponges may not be used in contact with cleaned and

SANITIZED or in-use FOOD-CONTACT

SURFACES

04130 Multiuse--Wood, use limitation (FDA Food Code 4-101.17).

(1) Except as specified in subsections (2), (3), and (4) of this section, wood and wood

wicker may not be used as a

FOOD-CONTACT SURFACE.

(2) Hard maple or an equivalently hard, close-grained wood may be used for:

(a) Cutting boards; cutting blocks; baker's tables; serving surfaces; and

UTENSILS

such as rolling pins, doughnut dowels, salad bowls, and chopsticks; and

(b) Wooden paddles used in confectionary operations for pressure scraping kettles

when manually preparing confections at a temperature of 230°F (110°C) or

above.

(3) Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood

shipping containers in which they were received, until the fruits, vegetables, or nuts are

used.

(4) If the nature of the

FOOD requires removal of rinds, peels, husks, or shells before

consumption, the whole, uncut, raw

FOOD may be kept in:

(a) Untreated wood containers; or

(b) Treated wood containers if the containers are treated with a preservative that

meets the requirements specified in 21 C.F.R. 178.3800 Preservatives for Wood.

04135 Multiuse--Nonstick coatings, use limitation (FDA Food Code 4-101.18).

Multiuse

KITCHENWARE such as frying pans, griddles, sauce pans, cookie sheets, and waffle

bakers that have a perfluorocarbon resin coating must be used with nonscoring or

nonscratching

UTENSILS and cleaning aids.

04140 Multiuse--Nonfood-contact surfaces (FDA Food Code 4-101.19).

Non

FOOD-CONTACT SURFACES of EQUIPMENT that are exposed to splash, spillage, or other FOOD

soiling or that require frequent cleaning must be constructed of a

CORROSION-RESISTANT,

nonabsorbent, and

SMOOTH material.

04145 Single-service and single-use--Characteristics (FDA Food Code 4-102.11).

Materials that are used to make

SINGLE-SERVICE and SINGLE-USE ARTICLES:

(1) May not:

(a) Allow the migration of deleterious substances; or

(b) Impart colors, odors, or tastes to

FOOD; and

(2) Must be:

(a) Safe; and

(b) Clean.

Subpart B - Design and Construction

04200 Durability and strength--Equipment and utensils (FDA Food Code 4-201.11).

EQUIPMENT and UTENSILS must be designed and constructed to be durable and to retain their

characteristic qualities under normal use conditions.

Part 4 – Equipment, Utensils and Linens Page 59

04202 Durability and strength--Food temperature measuring devices (FDA Food Code

4-201.12).

FOOD TEMPERATURE MEASURING DEVICES may not have sensors or stems constructed of glass,

except that thermometers with glass sensors or stems that are encased in a shatterproof

coating such as candy thermometers may be used.

04204 Cleanability--Food-contact surfaces (FDA Food Code 4-202.11).

(1) Multiuse

FOOD-CONTACT SURFACES must be:

(a)

SMOOTH;

(b) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar

imperfections;

(d) Finished to have

SMOOTH welds and joints; and

(e) Except as specified in subsection (2) of this section, accessible for cleaning and

inspection by one of the following methods:

(i) Without being disassembled;

(ii) By disassembling without the use of tools; or

(iii) By easy disassembling with the use of handheld tools commonly available

to maintenance and cleaning personnel such as screwdrivers, pliers,

open-ended wrenches, and Allen wrenches.

(2) Subsection (1)(e) of this section does not apply to cooking oil storage tanks, distribution

lines for cooking oils, or

BEVERAGE syrup lines or tubes.

04206 Cleanability--CIP equipment (FDA Food Code 4-202.12).

(1)

CIP EQUIPMENT must meet the characteristics specified under 04204 and must be

designed and constructed so that:

(a) Cleaning and

SANITIZING solutions circulate throughout a fixed system and contact

all interior

FOOD-CONTACT SURFACES; and

(b) The system is self-draining or capable of being completely drained of cleaning

and

SANITIZING solutions; and

(2)

CIP EQUIPMENT that is not designed to be disassembled for cleaning must be designed

with inspection access points to ensure that all interior

FOOD-CONTACT SURFACES

throughout the fixed system are being effectively cleaned.

04208 Cleanability--"V" threads, use limitation (FDA Food Code 4-202.13).

Except for hot oil cooking or filtering

EQUIPMENT, "V" type threads may not be used on

FOOD-CONTACT SURFACES.

04210 Cleanability--Hot oil filtering equipment (FDA Food Code 4-202.14).

Hot oil filtering

EQUIPMENT must meet the characteristics specified under 04204 or 04206 and

must be readily accessible for filter replacement and cleaning of the filter.

04212 Cleanability--Can openers (FDA Food Code 4-202.15).

Cutting or piercing parts of can openers must be readily removable for cleaning and for

replacement.

04214 Cleanability--Nonfood-contact surfaces (FDA Food Code 4-202.16).

Non-

FOOD-CONTACT SURFACES must be free of unnecessary ledges, projections, and crevices,

and designed and constructed to allow easy cleaning and to facilitate maintenance.

Page 60 Washington State Retail Food Code

04216 Cleanability--Kick plates, removable (FDA Food Code 4-202.17).

Kick plates must be designed so that the areas behind them are accessible for inspection and

cleaning by being:

(1) Removable by one of the methods specified under 04204 (1)(e) or capable of being

rotated open; and

(2) Removable or capable of being rotated open without unlocking

EQUIPMENT doors.

04218 Cleanability--Ventilation hood systems, filters (FDA Food Code 4-202.18).

Filters or other grease extracting

EQUIPMENT must be designed to be readily removable for

cleaning and replacement if not designed to be cleaned in place.

04220 Accuracy--temperature measuring devices, food (FDA Food Code 4-203.11).

(1)

FOOD TEMPERATURE MEASURING DEVICES that are scaled only in Celsius or dually scaled

in Celsius and Fahrenheit must be accurate to ± 1°C in the intended range of use.

(2)

FOOD TEMPERATURE MEASURING DEVICES that are scaled only in Fahrenheit must be

accurate to ± 2°F in the intended range of use.

04222 Accuracy--Temperature measuring devices, ambient (FDA Food Code 4-203.12).

(1) Ambient air and water

TEMPERATURE MEASURING DEVICES that are scaled in Celsius or

dually scaled in Celsius and Fahrenheit must be designed to be easily readable and

accurate to ± 1.5°C in the intended range of use.

(2) Ambient air and water

TEMPERATURE MEASURING DEVICES that are scaled only in

Fahrenheit must be accurate to ± 3°F in the intended range of use.

04224 Accuracy--Pressure measuring devices, mechanical warewashing equipment (FDA

Food Code 4-203.13).

Pressure measuring devices that display the pressures in the water supply line for the fresh

hot water

SANITIZING rinse must have increments of one pound per square inch (seven

kilopascals) or smaller and must be accurate to ± two pounds per square inch (± 14

kilopascals) in the range indicated on the manufacturer's data plate.

04226 Functionality--Ventilation hood systems, drip prevention (FDA Food Code 4-204.11).

Exhaust ventilation hood systems in

FOOD preparation and WAREWASHING areas including

components such as hoods, fans, guards, and ducting must be designed to prevent grease or

condensation from draining or dripping onto

FOOD, EQUIPMENT, UTENSILS, LINENS, and

SINGLE-SERVICE and SINGLE-USE ARTICLES.

04228 Functionality--Equipment openings, closures and deflectors (FDA Food Code 4-204.12).

(1) A cover or lid for

EQUIPMENT must overlap the opening and be sloped to drain.

(2) An opening located within the top of a unit of

EQUIPMENT that is designed for use with a

cover or lid must be flanged upward at least two-tenths of an inch (five millimeters).

(3) Except as specified under subsection (4) of this section, fixed piping,

TEMPERATURE

MEASURING DEVICES

, rotary shafts, and other parts extending into the EQUIPMENT must

be provided with a watertight joint at the point where the item enters the

EQUIPMENT.

(4) If a watertight joint is not provided:

(a) The piping,

TEMPERATURE MEASURING DEVICES, rotary shafts, and other parts

extending through the openings must be equipped with an apron designed to

deflect condensation, drips, and dust from openings into the

FOOD; and

(b) The opening must be flanged as specified under subsection (2) of this section.

04230 Functionality--Dispensing equipment, protection of equipment and food (FDA Food

Code 4-204.13).

EQUIPMENT that dispenses or vends liquid FOOD or ice that is not in a PACKAGED form:

Part 4 – Equipment, Utensils and Linens Page 61

(1) The delivery tube, chute, orifice, and splash surfaces directly above the container

receiving the

FOOD must be designed in a manner, such as with barriers, baffles, or drip

aprons, so that drips from condensation and splash are diverted from the opening of

the container receiving the

FOOD;

(2) The delivery tube, chute and orifices must be protected from manual contact such as

by being recessed;

(3) The delivery tube or chute and orifice of

EQUIPMENT used to vend liquid FOOD or ice in

PACKAGED form to self-service CONSUMERS must be designed so that the delivery

tube or chute and orifice are protected from dust, insects, rodents, and other

contamination by a self-closing door if the

EQUIPMENT is:

(a) Located in an outside area that does not otherwise afford the protection of an

enclosure against the rain, windblown debris, insects, rodents, and other

contaminants that are present in the environment; or

(b) Available for self-service during hours when it is not under the full-time

supervision of a

FOOD EMPLOYEE; and

(4) The dispensing

EQUIPMENT actuating level or mechanism and filling device of

CONSUMER self-service BEVERAGE dispensing EQUIPMENT must be designed to prevent

contact with the lip-contact surface of glasses or cups that are refilled.

(5) Dispensing

EQUIPMENT in which TIME/TEMPERATURE CONTROL FOR SAFETY FOOD in a

homogenous liquid form is maintained outside of the temperature control requirements

as specified under 03525(1) must:

(a) Be specifically designed and equipped to maintain the commercial sterility of

aseptically

PACKAGED FOOD in a homogenous liquid form for a specified duration

from the time of opening the packaging within the

EQUIPMENT; and

(b) Conform to the requirements for this

EQUIPMENT as specified in NSF/ANSI

18-2006 - Manual Food and Beverage Dispensing Equipment.

04232 Functionality--Vending machine, vending stage closure (FDA Food Code 4-204.14).

The dispensing compartment of a

VENDING MACHINE including a machine that is designed to

vend pre

PACKAGED snack FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD such

as chips, party mixes, and pretzels must be equipped with a self-closing door or cover if the

machine is:

(1) Located in an outside area that does not otherwise afford the protection of an enclosure

against the rain, windblown debris, insects, rodents, and other contaminants that are

present in the environment; or

(2) Available for self-service during hours when it is not under the full-time supervision of a

FOOD EMPLOYEE.

04234 Functionality--Bearings and gear boxes, leakproof (FDA Food Code 4-204.15).

EQUIPMENT containing bearings and gears that require lubricants must be designed and

constructed so that the lubricant cannot leak, drip, or be forced into

FOOD or onto

FOOD-CONTACT SURFACES.

04236 Functionality--Beverage tubing, separation (FDA Food Code 4-204.16).

Except for cold plates that are constructed integrally with an ice storage bin,

BEVERAGE tubing

and cold-plate

BEVERAGE cooling devices may not be installed in contact with stored ice.

04238 Functionality--Ice units, separation of drains (FDA Food Code 4-204.17).

Liquid waste drain lines may not pass through an ice machine or ice storage bin.

04240 Functionality--Condenser unit, separation (FDA Food Code 4-204.18).

If a condenser unit is an integral component of

EQUIPMENT, the condenser unit must be

separated from the

FOOD and FOOD storage space by a dustproof barrier.

Page 62 Washington State Retail Food Code

04242 Functionality--Can openers on vending machines (FDA Food Code 4-204.19).

Cutting or piercing parts of can openers on

VENDING MACHINES must be protected from manual

contact, dust, insects, rodents, and other contamination.

04244 Functionality--Molluscan shellfish tanks (FDA Food Code 4-204.110).

(1) Except as specified under subsection (2) of this section,

MOLLUSCAN SHELLFISH life

support system display tanks may not be used to store or display shellfish that are

offered for human consumption and must be conspicuously marked so that it is obvious

to the

CONSUMER that shellfish are for display only.

(2)

MOLLUSCAN SHELLFISH life-support system display tanks that are used to store or display

shellfish that are offered for human consumption must be operated and maintained in

accordance with a

VARIANCE granted by the REGULATORY AUTHORITY as specified under

08110 and a

HACCP PLAN that:

(a) Is submitted by the

PERMIT HOLDER and APPROVED as specified under 08115; and

(b) Ensures that:

(i) Water used with

FISH other than MOLLUSCAN SHELLFISH does not flow into

the molluscan tank;

(ii) The safety and quality of the shellfish as they were received are not

compromised by the use of the tank; and

(iii) The identity of the source of the

SHELLSTOCK is retained as specified under

03290.

04246 Functionality--Vending machines, automatic shutoff (FDA Food Code 4-204.111).

(1) A machine vending

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD must have an

automatic control that prevents the machine from vending

FOOD:

(a) If there is a power failure, mechanical failure, or other condition that results in an

internal machine temperature that cannot maintain

FOOD temperatures as

specified under Part 3 of this chapter; and

(b) If a condition specified under (a) of this subsection occurs, until the machine is

serviced and restocked with

FOOD that has been maintained at temperatures

specified under Part 3 of this chapter.

(2) When the automatic shutoff within a machine vending

TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

is activated:

(a) In a refrigerated

VENDING MACHINE, the ambient temperature may not exceed 41°F

(5°C) for more than thirty minutes immediately after the machine is filled, serviced,

or restocked; or

(b) In a hot holding

VENDING MACHINE, the ambient air temperature may not be less

than 135°F (57°C) for more than one hundred twenty minutes immediately after

the machine is filled, serviced, or restocked.

04248 Functionality--Temperature measuring devices (FDA Food Code 4-204.112).

(1) In a mechanically refrigerated or hot

FOOD storage unit, the sensor of a TEMPERATURE

MEASURING DEVICE

must be located to measure the air temperature or a simulated

product temperature in the warmest part of a mechanically refrigerated unit and in the

coolest part of a hot

FOOD storage unit.

(2) Except as specified in subsection (3) of this section, cold or hot holding

EQUIPMENT

used for

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD must be designed to include

and must be equipped with at least one integral or permanently affixed

TEMPERATURE

MEASURING DEVICE

that is located to allow easy viewing of the device's temperature

display.

(3) Subsection (2) of this section does not apply to

EQUIPMENT for which the placement of a

TEMPERATURE MEASURING DEVICE is not a practical means for measuring the ambient air

surrounding the

FOOD because of the design, type, and use of the EQUIPMENT, such as

calrod units, heat lamps, cold plates, bainmaries, steam tables, insulated

FOOD

transport containers, and salad bars.

Part 4 – Equipment, Utensils and Linens Page 63

(4) TEMPERATURE MEASURING DEVICES must be designed to be easily readable.

(5)

FOOD TEMPERATURE MEASURING DEVICES and water TEMPERATURE MEASURING DEVICES

WAREWASHING machines must have a numerical scale, printed record, or digital

readout in increments no greater than 2°F or 1°C in the intended range of use.

04250 Functionality--Warewashing machines, data plate operating specifications (FDA Food

Code 4-204.113).

WAREWASHING machine must be provided with an easily accessible and readable data plate

affixed to the machine by the manufacturer that indicates the machine's design and operation

specifications including the:

(1) Temperatures required for washing, rinsing, and

SANITIZING;

(2) Pressure required for the fresh water

SANITIZING rinse unless the machine is designed

to use only pumped

SANITIZING rinse; and

(3) Conveyor speed for conveyor machines or cycle time for stationary rack machines.

04252 Functionality--Warewashing machines, internal baffles (FDA Food Code 4-204.114).

WAREWASHING machine wash and rinse tanks must be equipped with baffles, curtains, or other

means to minimize internal cross contamination of the solutions in wash and rinse tanks.

04254 Functionality--Warewashing machines, temperature measuring devices (FDA Food

Code 4-204.115).

WAREWASHING machine must be equipped with a TEMPERATURE MEASURING DEVICE that

indicates the temperature of the water:

(1) In each wash and rinse tank; and

(2) As the water enters the hot water

SANITIZATION final rinse manifold or in the chemical

SANITIZING solution tank.

04256 Functionality--Manual warewashing equipment, heaters and baskets (FDA Food Code

4-204.116).

If hot water is used for

SANITIZATION in manual WAREWASHING operations, the SANITIZING

compartment of the sink must be:

(1) Designed with an integral heating device that is capable of maintaining water at a

temperature not less than 171°F (77°C); and

(2) Provided with a rack or basket to allow complete immersion of

EQUIPMENT and UTENSILS

into the hot water.

04258 Functionality--Warewashing machines, automatic dispensing of detergents and

sanitizers (FDA Food Code 4-204.117).

WAREWASHING machine that is installed after adoption of this chapter by the REGULATORY

AUTHORITY

must be equipped to:

(1) Automatically dispense detergents and

SANITIZERS; and

(2) Incorporate a visual means to verify that detergents and

SANITIZERS are delivered or a

visual or audible alarm to signal if the detergents and

SANITIZERS are not delivered to

the respective washing and

SANITIZING cycles.

04260 Functionality--Warewashing machines, flow pressure device (FDA Food Code

4-204.118).

(1)

WAREWASHING machines that provide a fresh hot water SANITIZING rinse must be

equipped with a pressure gauge or similar device such as a transducer that measures

and displays the water pressure in the supply line immediately before entering the

WAREWASHING machine; and

Page 64 Washington State Retail Food Code

(2) If the flow pressure measuring device is upstream of the fresh hot water SANITIZING

rinse control valve, the device must be mounted in a one-fourth inch (6.4 mm) iron pipe

size (IPS) valve.

(3) Subsections (1) and (2) of this section do not apply to a machine that uses only a

pumped or recirculated

SANITIZING rinse.

04262 Functionality--Warewashing sinks and drainboards, self-draining (FDA Food Code

4-204.119).

Sinks and drainboards of

WAREWASHING sinks and machines must be self-draining.

04264 Functionality--Equipment compartments, drainage (FDA Food Code 4-204.120).

EQUIPMENT compartments that are subject to accumulation of moisture due to conditions such

as condensation,

FOOD or BEVERAGE drip, or water from melting ice must be sloped to an outlet

that allows complete draining.

04266 Functionality--Vending machines, liquid waste products (FDA Food Code 4-204.121).

(1)

VENDING MACHINES designed to store BEVERAGES that are PACKAGED in containers made

from paper products must be equipped with diversion devices and retention pans or

drains for container leakage.

(2)

VENDING MACHINES that dispense liquid FOOD in bulk must be:

(a) Provided with an internally mounted waste receptacle for the collection of drip,

spillage, overflow, or other internal wastes; and

(b) Equipped with an automatic shutoff device that places the machine out of

operation before the waste receptacle overflows.

(3) Shutoff devices specified under subsection (2)(b) of this section must prevent water or

liquid

FOOD from continuously running if there is a failure of a flow control device in the

water or liquid

FOOD system or waste accumulation that could lead to overflow of the

waste receptacle.

04268 Functionality--Case lot handling equipment, moveability (FDA Food Code 4-204.122).

Apparatuses, such as dollies, pallets, racks, and skids used to store and transport large

quantities of

PACKAGED FOODS received from a supplier in a cased or overwrapped lot, must be

designed to be moved by hand or by conveniently available apparatuses such as hand trucks

and forklifts.

04270 Functionality--Vending machine doors and openings (FDA Food Code 4-204.123).

(1)

VENDING MACHINE doors and access opening covers to FOOD and container storage

spaces must be tight-fitting so that the space along the entire interface between the

doors or covers and the cabinet of the machine, if the doors or covers are in a closed

position, is no greater than one-sixteenth inch (1.5 millimeters) by:

(a) Being covered with louvers, screens, or materials that provide an equivalent

opening of not greater than one-sixteenth inch (1.5 millimeters). Screening of

twelve mesh to one inch (twelve or more mesh to 2.5 centimeters) meets this

requirement;

(b) Being effectively gasketed;

(d) Jambs or surfaces used to form an L-shaped entry path to the interface.

(2)

VENDING MACHINE service connection openings through an exterior wall of a machine

must be closed by sealants, clamps, or grommets so that the openings are no larger

than one-sixteenth inch (1.5 mm).

Part 4 – Equipment, Utensils and Linens Page 65

04272 Acceptability--Food equipment, certification and classification (FDA Food Code

4-205.10).

FOOD EQUIPMENT that is certified or classified for sanitation in conformance with a recognized

American National Standards Institute (ANSI) - Accredited certification program is deemed to

comply with Subparts A and B of this part.

Subpart C - Numbers and Capacities

04300 Equipment--Cooling, heating, and holding capacities (FDA Food Code 4-301.11).

EQUIPMENT for cooling and heating FOOD, and holding cold and hot FOOD, must be sufficient in

number and capacity to provide

FOOD temperatures as specified under Part 3.

04305 Equipment--Manual warewashing, sink compartment requirements (FDA Food Code

4-301.12).

(1) Except as specified in subsection (3) of this section, a sink with at least three

compartments must be provided for manually washing, rinsing, and

SANITIZING

EQUIPMENT and UTENSILS.

(2) Sink compartments must be large enough to accommodate immersion of the largest

EQUIPMENT and UTENSILS. If EQUIPMENT or UTENSILS are too large for the WAREWASHING

sink, a

WAREWASHING machine or alternative EQUIPMENT as specified in subsection (3)

of this section must be used.

(3) Alternative manual

WAREWASHING EQUIPMENT may be used when there are special

cleaning needs or constraints and its use is

APPROVED. Alternative manual

WAREWASHING EQUIPMENT includes, but is not limited to:

(a) High-pressure detergent sprayers;

(b) Low- or line-pressure spray detergent foamers;

EQUIPMENT;

(d) Brushes or other implements;

(e) Two-compartment sinks as specified under subsections (4) and (5) of this section;

(f) Receptacles that substitute for the compartments of a multicompartment sink.

(4) Before a two-compartment sink is used:

(a) The

PERMIT HOLDER shall have its use APPROVED; and

(b) The

PERMIT HOLDER shall limit the number of KITCHENWARE items cleaned and

SANITIZED in the two-compartment sink, and shall limit WAREWASHING to batch

operations for cleaning

KITCHENWARE such as between cutting one type of raw

MEAT and another or cleanup at the end of a shift, and shall:

(i) Make up the cleaning and

SANITIZING solutions immediately before use and

drain them immediately after use; and

(ii) Use

APPROVED procedures to properly clean and SANITIZE KITCHENWARE.

(5) A two-compartment sink may not be used for

WAREWASHING operations where cleaning

and

SANITIZING solutions are used for a continuous or intermittent flow of KITCHENWARE

TABLEWARE in an ongoing WAREWASHING process.

04310 Equipment--Drainboards (FDA Food Code 4-301.13).

Drainboards,

UTENSIL racks, or tables large enough to accommodate all soiled and cleaned

items that might accumulate during hours of operation must be provided for necessary

UTENSILS holding before cleaning and after SANITIZING.

04315 Equipment--Ventilation hood systems, adequacy (FDA Food Code 4-301.14).

Ventilation hood systems and devices must be sufficient in number and capacity to prevent

grease or condensation from collecting on walls and ceilings.

Page 66 Washington State Retail Food Code

04320 Equipment--Clothes washers and dryers (FDA Food Code 4-301.15).

(1) Except as specified in subsection (2) of this section, if work clothes or

LINENS are

laundered on the

PREMISES, a mechanical clothes washer and dryer must be provided

and used.

(2) If on-

PREMISES laundering is limited to wiping cloths intended to be used moist, or

wiping cloths are air-dried as specified under 04905, a mechanical clothes washer and

dryer need not be provided.

04325 Equipment--Designated food preparation sinks.

FOOD ESTABLISHMENTS must have designated FOOD preparation sinks that are:

(1) Sufficient in number and size to wash, soak, rinse, drain, cool, thaw, or otherwise

process any

FOOD that requires placement in a sink;

(2) Appropriate for the menu, method of

FOOD preparation, and volume of FOOD prepared;

and

(3) Not used for handwashing,

UTENSIL washing, or other activities that could contaminate

FOOD.

04330 Utensils, temperature measuring devices, and testing devices--Utensils, consumer

self-service (FDA Food Code 4-302.11).

FOOD dispensing UTENSIL must be available for each container displayed at a CONSUMER

self-service unit such as a buffet or salad bar.

04335 Utensils, temperature measuring devices, and testing devices--Food temperature

measuring devices (FDA Food Code 4-302.12).

(1)

FOOD TEMPERATURE MEASURING DEVICES must be provided and readily accessible for

use in ensuring attainment and maintenance of

FOOD temperatures as specified under

Part 3.

(2) A

TEMPERATURE MEASURING DEVICE with a suitable small-diameter probe that is

designed to measure the temperature of thin masses must be provided and readily

accessible to accurately measure the temperature in thin

FOODS such as MEAT patties

and

FISH fillets.

04340 Utensils, temperature measuring devices, and testing devices--Temperature measuring

devices, manual warewashing (FDA Food Code 4-302.13).

(1) In manual

WAREWASHING operations, a TEMPERATURE MEASURING DEVICE must be

provided and readily accessible for frequently measuring the washing and

SANITIZING

temperatures.

(2) In hot water mechanical

WAREWASHING operations, an irreversible registering

temperature indicator must be provided and readily accessible for measuring the

UTENSIL surface temperature.

04345 Utensils, temperature measuring devices, and testing devices--Sanitizing solutions,

testing devices (FDA Food Code 4-302.14).

A test kit or other device that accurately measures the concentration in

MG/L of SANITIZING

solutions must be provided.

04350 Cleaning agents and sanitizers—Cleaning agents and sanitizers availability (FDA Food

Code 4-303.11).

(1) Cleaning agents that are used to clean

EQUIPMENT and UTENSILS as specified under

Part 4, Subpart F of this chapter, must be provided and available for use during all

hours of operation.

Part 4 – Equipment, Utensils and Linens Page 67

(2) Except for those that are generated on-site at the time of use, chemical SANITIZERS that

are used to sanitize

EQUIPMENT and UTENSILS as specified under Part 4, Subpart G of

this chapter, must be provided and available for use during all hours of

FOOD

preparation.

Subpart D - Location and Installation

04400 Location--Equipment, clothes washers and dryers, and storage cabinets,

contamination prevention (FDA Food Code 4-401.11).

(1) Except as specified in subsection (2) of this section,

EQUIPMENT, a cabinet used for the

storage of

FOOD, or a cabinet that is used to store cleaned and SANITIZED EQUIPMENT,

UTENSILS, laundered LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES may not be

located:

(a) In locker rooms;

(b) In toilet rooms;

(d) In mechanical rooms;

(e) Under sewer lines that are not shielded to intercept potential drips;

(f) Under leaking water lines including automatic fire sprinkler heads or under lines

on which water has condensed;

(g) Under open stairwells; or

(h) Under other sources of contamination.

(2) A storage cabinet used for

LINENS or SINGLE-SERVICE or SINGLE-USE ARTICLES may be

stored in a locker room.

(3) If a mechanical clothes washer or dryer is provided, it must be located so that the

washer or dryer is protected from contamination and only where there is no exposed

FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and

SINGLE-USE ARTICLES.

04405 Installation--Fixed equipment, spacing or sealing (FDA Food Code 4-402.11).

(1)

EQUIPMENT that is fixed because it is not EASILY MOVABLE must be installed so that it is:

(a) Spaced to allow access for cleaning along the sides, behind, and above the

EQUIPMENT;

(b) Spaced from adjoining

EQUIPMENT, walls, and ceilings a distance of not more than

one thirty-second inch (1 mm); or

EALED to adjoining EQUIPMENT or walls, if the EQUIPMENT is exposed to spilling or

seepage.

(2)

COUNTER-MOUNTED EQUIPMENT that is not EASILY MOVABLE must be installed to allow

cleaning of the

EQUIPMENT and areas underneath and around the EQUIPMENT by being:

(a)

SEALED; or

(b) Elevated on legs as specified under 04410.

04410 Installation--Fixed equipment, elevation or sealing (FDA Food Code 4-402.12).

(1) Except as specified in subsections (2) and (3) of this section, floor-mounted

EQUIPMENT

that is not

EASILY MOVABLE must be SEALED to the floor or elevated on legs that provide

at least a six inch (15 cm) clearance between the floor and the

EQUIPMENT.

(2) If no part of the floor under the floor-mounted

EQUIPMENT is more than six inches

(15 cm) from the point of cleaning access, the clearance space may be only four inches

(10 cm).

(3) This section does not apply to display shelving units, display refrigeration units, and

display freezer units located in the

CONSUMER shopping areas of a retail FOOD store, if

the floor under the units is maintained clean.

Page 68 Washington State Retail Food Code

(4) Except as specified in subsection (5) of this section, COUNTER-MOUNTED EQUIPMENT that

is not

EASILY MOVABLE must be elevated on legs that provide at least a four inch (10 cm)

clearance between the table and the

EQUIPMENT.

(5) The clearance space between the table and

COUNTER-MOUNTED EQUIPMENT may be:

(a) Three inches (7.5 cm) if the horizontal distance of the table top under the

EQUIPMENT is no more than 20 inches (50 cm) from the point of access for

cleaning; or

(b) Two inches (5 cm) if the horizontal distance of the table top under the

EQUIPMENT

is no more than three inches (7.5 cm) from the point of access for cleaning.

Subpart E - Maintenance and Operations

04500 Equipment--Good repair and proper adjustment (FDA Food Code 4-501.11).

(1)

EQUIPMENT must be maintained in a state of repair and condition that meets the

requirements specified under Part 4, Subpart A and Part 4, Subpart B of this chapter.

(2)

EQUIPMENT components such as doors, seals, hinges, fasteners, and kick plates must

be kept intact, tight, and adjusted in accordance with the manufacturer's specifications.

(3) Cutting or piercing parts of can openers must be replaced as needed to minimize the

creation of metal fragments that can contaminate

FOOD when the container is opened.

04505 Equipment--Cutting surfaces (FDA Food Code 4-501.12).

Surfaces such as cutting blocks and boards that are subject to scratching and scoring must be

resurfaced if they can no longer be effectively cleaned and

SANITIZED, or discarded if they are

not capable of being resurfaced.

04510 Equipment--Microwave ovens (FDA Food Code 4-501.13).

Microwave ovens must meet the safety standards specified in 21 C.F.R. 1030.10 Microwave

Ovens.

04515 Equipment--Warewashing equipment, cleaning frequency (FDA Food Code 4-501.14).

WAREWASHING machine; the compartments of sinks, basins, or other receptacles used for

washing and rinsing

EQUIPMENT, UTENSILS, or raw FOODS, or laundering wiping cloths; and

drainboards or other

EQUIPMENT used to substitute for drainboards as specified under 04310

must be cleaned:

(1) Before use;

(2) Throughout the day at a frequency necessary to prevent recontamination of

EQUIPMENT

and

UTENSILS and to ensure that the EQUIPMENT performs its intended function; and

(3) If used, at least every twenty-four hours.

04520 Equipment--Warewashing machines, manufacturer's operating instructions (FDA Food

Code 4-501.15).

(1) A

WAREWASHING machine and its auxiliary components must be operated in

accordance with the machine's data plate and other manufacturer's instructions.

(2) A

WAREWASHING machine's conveyor speed or automatic cycle times must be

maintained accurately timed in accordance with manufacturer's specifications.

04525 Equipment--Warewashing sinks, use limitation (FDA Food Code 4-501.16).

(1) A

WAREWASHING sink may not be used for handwashing as specified under 02315.

(2) If a

WAREWASHING sink is used to wash wiping cloths, wash produce, or thaw FOOD, the

sink must be cleaned as specified under 04515 before and after each time it is used to

wash wiping cloths or wash produce or thaw

FOOD. Sinks used to wash or thaw FOOD

must be

SANITIZED as specified under subpart G of this part before and after using the

sink to wash produce or thaw

FOOD.

Part 4 – Equipment, Utensils and Linens Page 69

04530 Equipment--Warewashing equipment, cleaning agents (FDA Food Code 4-501.17).

When used for

WAREWASHING, the wash compartment of a sink, mechanical warewasher, or

wash receptacle of alternative manual

WAREWASHING EQUIPMENT as specified under 04305(3),

must contain a wash solution of soap, detergent, acid cleaner, alkaline cleaner, degreaser,

abrasive cleaner, or other cleaning agent according to the cleaning agent manufacturer's label

instructions.

04535 Equipment--Warewashing equipment, clean solutions (FDA Food Code 4-501.18).

The wash, rinse and

SANITIZE solutions must be maintained clean.

04540 Equipment--Manual warewashing equipment, wash solution temperature (FDA Food

Code 4-501.19).

The temperature of the wash solution in manual

WAREWASHING EQUIPMENT must be maintained

at not less than 110°F (43°C) or the temperature specified on the cleaning agent

manufacturer's label instructions.

04545 Equipment--Mechanical warewashing equipment, wash solution temperature (FDA

Food Code 4-501.110).

(1) The temperature of the wash solution in spray-type warewashers that use hot water to

SANITIZE may not be less than:

(a) For a stationary rack, single temperature machine, 165°F (74°C);

(b) For a stationary rack, dual temperature machine, 150°F (66°C);

(d) For a multitank, conveyor, multitemperature machine, 150°F (66°C).

(2) The temperature of the wash solution in spray-type warewashers that use chemicals to

SANITIZE may not be less than 120°F (49°C).

04550 Equipment--Manual warewashing equipment, hot water sanitization temperature

(FDA Food Code 4-501.111).

If immersion in hot water is used for

SANITIZING in a manual operation, the temperature of the

water must be maintained at 171°F (77°C) or above.

04555 Equipment--Mechanical warewashing equipment, hot water sanitization temperatures

(FDA Food Code 4-501.112).

(1) Except as specified in subsection (2) of this section, in a mechanical operation, the

temperature of the fresh hot water

SANITIZING rinse as it enters the manifold may not be

more than 194°F (90°C) or less than:

(a) For a stationary rack, single temperature machine, 165°F (74°C); or

(b) For all other machines, 180°F (82°C).

(2) The maximum temperature specified under subsection (1) of this section, does not

apply to the high pressure and temperature systems with wand-type, hand-held,

spraying devices used for the in-place cleaning and

SANITIZING of EQUIPMENT such as

MEAT saws.

04560 Equipment--Mechanical warewashing equipment, sanitization pressure (FDA Food

Code 4-501.113).

The flow pressure of the fresh hot water

SANITIZING rinse in a WAREWASHING machine, as

measured in the water line immediately downstream or upstream from the fresh hot water

SANITIZING rinse control valve, must be within the range specified on the machine

manufacturer's data plate and may not be less than five pounds per square inch (35

kilopascals) or more than thirty pounds per square inch (200 kilopascals).

Page 70 Washington State Retail Food Code

04565 Equipment--Manual and mechanical warewashing equipment, chemical

sanitization--Temperature, pH, concentration, and hardness (FDA Food Code

4-501.114).

A chemical

SANITIZER used in a SANITIZING solution for a manual or mechanical operation at

contact times specified under 04710(3) must meet the requirements specified under 07220,

must be used in accordance with the EPA-registered label use instructions, and must be used

as follows:

(1) A chlorine solution must have a minimum temperature based on the concentration and

pH of the solution as listed in the following chart:

Concentration Range

Minimum Temperature

mg/L pH 10 or less pH 8 or less

25-49 120°F (49°C) 120°F (49°C)

50-99 100°F (38°C) 75°F (24°C)

100 55°F (13°C) 55°F (13°C)

(2) An iodine solution must have a:

(a) Minimum temperature of 68°F (20°C);

(b)

PH of 5.0 or less or a PH no higher than the level for which the manufacturer

specifies the solution is effective; and

MG/L and 25 MG/L.

(3) A quaternary ammonium compound solution must:

(a) Have a minimum temperature of 75°F (24°C);

(b) Have a concentration as specified under 07220 and as indicated by the

manufacturer's use directions included in the labeling; and

MG/L hardness or less or in water having a

hardness no greater than specified by the EPA-registered label use instructions;

(4) If another solution of a chemical specified under subsections (1) through (3) of this

section is used, the

PERMIT HOLDER shall demonstrate to the REGULATORY AUTHORITY

that the solution achieves

SANITIZATION and the use of the solution must be APPROVED;

(5) If a chemical

SANITIZER other than chlorine, iodine, or a quaternary ammonium

compound is used, it must be applied in accordance with the

EPA-registered label use

instructions; or

(6) If a chemical

SANITIZER is generated by a device located onsite at the FOOD

ESTABLISHMENT

, it must be used as specified in subsections (1) through (4) of this

section and must be produced by a device that:

(a) Complies with regulation as specified in sections 2(q)(1) and (12) of the Federal

Insecticide, Fungicide, and Rodenticide Act (FIFRA);

(b) Complies with 40 C.F.R. 152.500 Requirement for Devices and 40 C.F.R. 156.10

Labeling Requirements;

and

(d) Is operated and maintained in accordance with manufacturer's instructions.

04570 Equipment--Manual warewashing equipment, chemical sanitization using

detergent-sanitizers (FDA Food Code 4-501.115).

If a detergent-

SANITIZER is used to SANITIZE in a cleaning and SANITIZING procedure where there

is no distinct water rinse between the washing and

SANITIZING steps, the agent applied in the

SANITIZING step must be the same detergent-SANITIZER that is used in the washing step.

Part 4 – Equipment, Utensils and Linens Page 71

04575 Equipment--Warewashing equipment, determining chemical sanitizer concentration

(FDA Food Code 4-501.116).

Concentration of the

SANITIZING solution must be accurately determined by using a test kit or

other device.

04580 Utensils and temperature and pressure measuring devices--Good repair and calibration

(FDA Food Code 4-502.11).

(1)

UTENSILS must be maintained in a state of repair or condition that complies with the

requirements specified under Part 4, Subparts A and B, or must be discarded.

(2)

FOOD TEMPERATURE MEASURING DEVICES must be calibrated in accordance with

manufacturer's specifications as necessary to ensure their accuracy.

(3) Ambient air temperature, water pressure, and water

TEMPERATURE MEASURING DEVICES

must be maintained in good repair and be accurate within the intended range of use.

04585 Utensils and temperature and pressure measuring devices--Single-service and

single-use articles, required use (FDA Food Code 4-502.12).

FOOD ESTABLISHMENT without facilities specified under Part 4, Subparts F and G of this

chapter for cleaning and

SANITIZING KITCHENWARE and TABLEWARE must provide only

SINGLE-USE KITCHENWARE, SINGLE-SERVICE ARTICLES, and SINGLE-USE ARTICLES for use by FOOD

EMPLOYEES

and SINGLE-SERVICE ARTICLES for use by CONSUMERS.

04590 Utensils and temperature and pressure measuring devices--Single-service and

single-use articles, use limitation (FDA Food Code 4-502.13).

(1)

SINGLE-SERVICE and SINGLE-USE ARTICLES may not be reused.

(2) The bulk milk container dispensing tube must be cut on the diagonal leaving no more

than one inch protruding from the chilled dispensing head.

04595 Utensils and temperature and pressure measuring devices--Shells, use limitation (FDA

Food Code 4-502.14).

Mollusk and crustacea shells may not be used more than once as serving containers.

Subpart F - Cleaning of Equipment and Utensils

04600 Objective--Equipment, food-contact surfaces, nonfood-contact surfaces, and utensils

(FDA Food Code 4-601.11).

(1)

EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS must be clean to sight and touch.

(2) The

FOOD-CONTACT SURFACES of cooking EQUIPMENT and pans must be kept free of

encrusted grease deposits and other soil accumulations.

(3) Non-

FOOD-CONTACT SURFACES of EQUIPMENT must be kept free of an accumulation of

dust, dirt,

FOOD residue, and other debris.

04605 Objective--Equipment food-contact surfaces and utensils (FDA Food Code 4-602.11).

(1) Equipment food-contact surfaces and utensils must be cleaned:

(a) Except as specified in subsection (2) of this section, before each use with a

different type of raw animal

FOOD such as beef, FISH, lamb, pork, or POULTRY;

(b) Each time there is a change from working with raw

FOODS to working with

READY-TO-EAT FOODS;

TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

;

(d) Before using or storing a FOOD TEMPERATURE MEASURING DEVICE; and

(e) At any time during the operation when contamination might have occurred.

Page 72 Washington State Retail Food Code

(2) Subsection (1)(a) of this section does not apply if the FOOD-CONTACT SURFACE or

UTENSIL is in contact with a succession of different types of raw MEAT and POULTRY each

requiring a higher cooking temperature as specified under 03400 than the previous

type.

(3) Except as specified in subsection (4) of this section, if used with

TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

, EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS must be

cleaned throughout the day at least every four hours.

(4) Surfaces of

UTENSILS and EQUIPMENT contacting TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

may be cleaned less frequently than every four hours if:

(a) In storage, containers of

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD and their

contents are maintained at temperatures specified under Part 3 and the

containers are cleaned when they are empty;

(b)

UTENSILS and EQUIPMENT are used to prepare FOOD in a refrigerated room or area

that is maintained at one of the temperatures in the following chart and:

(i) The

UTENSILS and EQUIPMENT are cleaned at the frequency in the following

chart that corresponds to the temperature; and

Temperature Cleaning Frequency

41°F or less

(5.0°C or less)

24 hours

> 41°F - 45°F

(> 5.0°C - 7.2°C)

20 hours

> 45°F - 50°F

(> 7.2°C - 10.0°C)

16 hours

> 50°F - 55°F

(> 10.0°C - 12.8°C)

10 hours

(ii) The cleaning frequency based on the ambient temperature of the

refrigerated room or area is documented in the

FOOD ESTABLISHMENT.

READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is maintained at

the temperatures specified under Part 3, are intermittently combined with

additional supplies of the same

FOOD that is at the required temperature, and the

containers are cleaned every twenty-four hours;

(d)

TEMPERATURE MEASURING DEVICES are maintained in contact with FOOD, such as

when left in a container of deli

FOOD or in a roast, held at temperatures specified

under Part 3;

(e)

EQUIPMENT is used for storage of PACKAGED or unPACKAGED FOOD such as a

reach-in refrigerator and the

EQUIPMENT is cleaned at a frequency necessary to

preclude accumulation of soil residues;

(f) The cleaning schedule is

APPROVED based on consideration of:

(i) Characteristics of the

EQUIPMENT and its use;

(ii) The type of

FOOD involved;

(iii) The amount of

FOOD residue accumulation; and

(iv) The temperature at which the

FOOD is maintained during the operation and

the potential for the rapid and progressive multiplication of pathogenic or

toxigenic microorganisms that are capable of causing foodborne disease;

(g) In-use

UTENSILS are intermittently stored in a container of water in which the water

is maintained at 135°F (57°C) or more or 41°F (5°C) or less and the

UTENSILS and

container are cleaned at least every twenty-four hours or at a frequency

necessary to preclude accumulation of soil residues.

(5) Except when dry cleaning methods are used as specified under 04620, surfaces of

UTENSILS and EQUIPMENT contacting FOOD that is not TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

must be cleaned:

Part 4 – Equipment, Utensils and Linens Page 73

(a) At any time when contamination might have occurred;

(b) At least every twenty-four hours for iced tea dispensers and

CONSUMER

self-service

UTENSILS such as tongs, scoops, or ladles;

CONSUMER self-service EQUIPMENT and UTENSILS such as

condiment dispensers and display containers; and

(d) In

EQUIPMENT such as ice bins and BEVERAGE dispensing nozzles and enclosed

components of

EQUIPMENT such as ice makers, cooking oil storage tanks and

distribution lines,

BEVERAGE and syrup dispensing lines or tubes, coffee bean

grinders, and water vending

EQUIPMENT:

(i) At a frequency specified by the manufacturer; or

(ii) Absent manufacturer specifications, at a frequency necessary to preclude

accumulation of soil or mold.

04610 Objective--Cooking and baking equipment (FDA Food Code 4-602.12).

(1) The

FOOD-CONTACT SURFACES of cooking and baking EQUIPMENT must be cleaned at

least every twenty-four hours. This section does not apply to hot oil cooking and

filtering

EQUIPMENT if it is cleaned as specified under 04605 (4)(f).

(2) The cavities and door seals of microwave ovens must be cleaned at least every

twenty-four hours by using the manufacturer's recommended cleaning procedure.

04615 Objective--Nonfood-contact surfaces (FDA Food Code 4-602.13).

Non-

FOOD-CONTACT SURFACES of EQUIPMENT must be cleaned at a frequency necessary to

preclude accumulation of soil residues.

04620 Methods--Dry cleaning (FDA Food Code 4-603.11).

(1) If used, dry cleaning methods such as brushing, scraping, and vacuuming may only

contact surfaces that are soiled with dry

FOOD residues that are not TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

(2) Cleaning

EQUIPMENT used in dry cleaning FOOD-CONTACT SURFACES may not be used

for any other purpose.

04625 Methods--Precleaning (FDA Food Code 4-603.12).

(1)

FOOD debris on EQUIPMENT and UTENSILS must be scraped over a waste disposal unit or

garbage receptacle or must be removed in a

WAREWASHING machine with a prewash

cycle.

(2) If necessary for effective cleaning,

UTENSILS and EQUIPMENT must be preflushed,

presoaked, or scrubbed with abrasives.

04630 Methods--Loading of soiled items, warewashing machines (FDA Food Code 4-603.13).

Soiled items to be cleaned in a

WAREWASHING machine must be loaded into racks, trays, or

baskets or onto conveyors in a position that:

(1) Exposes the items to the unobstructed spray from all cycles; and

(2) Allows the item to drain.

04635 Methods--Wet cleaning (FDA Food Code 4-603.14).

(1)

EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS must be effectively washed to

remove or completely loosen soils by using the manual or mechanical means

necessary such as the application of detergents containing wetting agents and

emulsifiers; acid, alkaline, or abrasive cleaners; hot water; brushes; scouring pads;

high-pressure sprays; or ultrasonic devices.

(2) The washing procedures selected must be based on the type and purpose of the

EQUIPMENT or UTENSIL, and on the type of soil to be removed.

Page 74 Washington State Retail Food Code

04640 Methods--Washing, procedures for alternative manual warewashing equipment

(FDA Food Code 4-603.15).

If washing in sink compartments or a

WAREWASHING machine is impractical such as when the

EQUIPMENT is fixed or the UTENSILS are too large, washing must be done by using alternative

manual

WAREWASHING EQUIPMENT as specified under 04305(3) in accordance with the

following procedures:

(1)

EQUIPMENT must be disassembled as necessary to allow access of the detergent

solution to all parts;

(2)

EQUIPMENT components and UTENSILS must be scraped or rough cleaned to remove

FOOD particle accumulation; and

(3)

EQUIPMENT and UTENSILS must be washed as specified under 04635(1).

04645 Methods--Rinsing procedures (FDA Food Code 4-603.16).

Washed

UTENSILS and EQUIPMENT must be rinsed so that abrasives are removed and cleaning

chemicals are removed or diluted through the use of water or a detergent-

SANITIZER solution

by using one of the following procedures:

(1) Use of a distinct, separate water rinse after washing and before

SANITIZING if using:

(a) A three-compartment sink;

(b) Alternative manual

WAREWASHING EQUIPMENT equivalent to a three-compartment

sink as specified under 04305(3); or

SANITIZING procedure in a WAREWASHING

system for

CIP EQUIPMENT;

(2) Use of a detergent-

SANITIZER as specified under 04570 if using:

(a) Alternative

WAREWASHING EQUIPMENT as specified under 04305(3) that is

APPROVED for use with a detergent-SANITIZER; or

(b) A

WAREWASHING system for CIP EQUIPMENT;

(3) Use of a nondistinct water rinse that is integrated in the hot water

SANITIZATION

immersion step of a two-compartment sink operation;

(4) If using a

WAREWASHING machine that does not recycle the SANITIZING solution as

specified under subsection (5) of this section, or alternative manual

WAREWASHING

EQUIPMENT such as sprayers, use of a nondistinct water rinse that is:

(a) Integrated in the application of the

SANITIZING solution; and

(b) Wasted immediately after each application; or

(5) If using a

WAREWASHING machine that recycles the SANITIZING solution for use in the

next wash cycle, use of a nondistinct water rinse that is integrated in the application of

the

SANITIZING solution.

Subpart G - Sanitization of Equipment and Utensils

04700 Objective--Food-contact surfaces and utensils (FDA Food Code 4-701.10).

EQUIPMENT food-contact surfaces and utensils must be sanitized.

04705 Frequency--Before use after cleaning (FDA Food Code 4-702.11).

Utensils and food-contact surfaces of

EQUIPMENT must be sanitized before use after cleaning.

04710 Methods--Hot water and chemical (FDA Food Code 4-703.11).

After being cleaned,

EQUIPMENT food-contact surfaces and utensils must be sanitized in:

(1) Hot water manual operations by immersion for at least thirty seconds and as specified

under 04550;

Part 4 – Equipment, Utensils and Linens Page 75

(2) Hot water mechanical operations by being cycled through EQUIPMENT that is set up as

specified under 04520, 04555, and 04560 and achieving a

UTENSIL surface

temperature of 160°F (71°C) as measured by an irreversible registering temperature

indicator; or

(3) Chemical manual or mechanical operations, including the application of

SANITIZING

chemicals by immersion, manual swabbing, brushing, or pressure spraying methods,

using a solution as specified under 04565. Contact times must be consistent with those

EPA-registered label use instructions by providing:

(a) Except as specified under (b) of this subsection, a contact time of at least ten

seconds for a chlorine solution specified under 04565(1);

(b) A contact time of at least seven seconds for a chlorine solution of 50

MG/L that has

PH of ten or less and a temperature of at least 100°F (38°C) or a PH of eight or

less and a temperature of at least 75°F (24°C);

SANITIZING solutions; or

(d) A contact time used in relationship with a combination of temperature,

concentration, and

PH that, when evaluated for efficacy, yields SANITIZATION as

defined in 01115.

Subpart H - Laundering

04800 Objective--Clean linens (FDA Food Code 4-801.11).

Clean

LINENS must be free from FOOD residues and other soiling matter.

04805 Frequency--Specifications (FDA Food Code 4-802.11).

(1)

LINENS that do not come in direct contact with FOOD must be laundered between

operations if they become wet, sticky, or visibly soiled.

(2) Cloth gloves used as specified under 03342(4) must be laundered before being used

with a different type of raw animal

FOOD such as beef, FISH, lamb, pork, or POULTRY.

(3)

LINENS and napkins that are used as specified under 03336 and cloth napkins must be

laundered between each use.

(4) Wet wiping cloths must be laundered daily.

(5) Dry wiping cloths must be laundered as necessary to prevent contamination of

FOOD

and clean serving

UTENSILS.

04810 Methods--Storage of soiled linens (FDA Food Code 4-803.11).

Soiled

LINENS must be kept in clean, nonabsorbent receptacles or clean, washable laundry

bags and stored and transported to prevent contamination of

FOOD, clean EQUIPMENT, clean

UTENSILS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.

04815 Methods--Mechanical washing (FDA Food Code 4-803.12).

(1) Except as specified in subsection (2) of this section,

LINENS must be mechanically

washed.

(2) In

FOOD ESTABLISHMENTS in which only wiping cloths are laundered as specified under

04320(2), the wiping cloths may be laundered in a mechanical washer, sink designated

only for laundering wiping cloths, or a

WAREWASHING sink that is cleaned as specified

under 04515.

04820 Methods--Use of laundry facilities (FDA Food Code 4-803.13).

(1) Except as specified in subsection (2) of this section, laundry facilities on the

PREMISES

of a

FOOD ESTABLISHMENT must be used only for the washing and drying of items used

in the operation of the establishment.

Page 76 Washington State Retail Food Code

(2) Separate laundry facilities located on the PREMISES for the purpose of general

laundering such as for institutions providing boarding and lodging may also be used for

laundering

FOOD ESTABLISHMENT items.

Subpart I - Protection of Clean Items

04900 Drying--Equipment and utensils, air-drying required (FDA Food Code 4-901.11).

After cleaning and

SANITIZING, EQUIPMENT and UTENSILS:

(1) Must be air-dried or used after adequate draining as specified in the first paragraph of

40 C.F.R. 180.940 Tolerance exemptions for active and inert ingredients for use in

antimicrobial formulations (

FOOD-CONTACT SURFACE SANITIZING solutions), before

contact with

FOOD; and

(2) May not be cloth-dried except that

UTENSILS that have been air-dried may be polished

with cloths that are maintained clean and dry.

04905 Drying--Wiping cloths, air drying locations (FDA Food Code 4-901.12).

Wiping cloths laundered in a

FOOD ESTABLISHMENT that does not have a mechanical clothes

dryer as specified under 04320(2) must be air-dried in a location and in a manner that

prevents contamination of

FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and

SINGLE-USE ARTICLES and the wiping cloths. This section does not apply if wiping cloths are

stored after laundering in a

SANITIZING solution as specified under 04565.

04910 Lubricating and reassembling--Food-contact surfaces (FDA Food Code 4-902.11).

Lubricants as specified under 07240 must be applied to

FOOD-CONTACT SURFACES that require

lubrication in a manner that does not contaminate

FOOD-CONTACT SURFACES.

04915 Lubricating and reassembling--Equipment (FDA Food Code 4-902.12).

EQUIPMENT must be reassembled so that FOOD-CONTACT SURFACES are not contaminated.

04920 Storing--Equipment, utensils, linens, and single-service and single-use articles (FDA

Food Code 4-903.11).

(1) Except as specified in subsection (4) of this section, cleaned

EQUIPMENT, UTENSILS,

laundered

LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES must be stored:

(a) In a clean, dry location;

(b) Where they are not exposed to splash, dust, or other contamination; and

(2) Clean

EQUIPMENT and UTENSILS must be stored as specified under subsection (1) of this

section and must be stored:

(a) In a self-draining position that allows air drying; and

(b) Covered or inverted.

(3)

SINGLE-SERVICE and SINGLE-USE ARTICLES must be stored as specified under subsection

(1) of this section and must be kept in the original protective package or stored by using

other means that afford protection from contamination until used.

(4) Items that are kept in closed packages may be stored less than six inches (15 cm)

above the floor on dollies, pallets, racks, and skids that are designed as specified under

04268.

04925 Storing--Prohibitions (FDA Food Code 4-903.12).

(1) Except as specified in subsection (2) of this section, cleaned and

SANITIZED EQUIPMENT,

UTENSILS, laundered LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES may not be

stored:

(a) In locker rooms;

(b) In toilet rooms;

Part 4 – Equipment, Utensils and Linens Page 77

(d) In mechanical rooms;

(e) Under sewer lines that are not shielded to intercept potential drips;

(f) Under leaking water lines including leaking automatic fire sprinkler heads or under

lines on which water has condensed;

(g) Under open stairwells; or

(h) Under other sources of contamination.

(2) Laundered

LINENS and SINGLE-SERVICE and SINGLE-USE ARTICLES that are PACKAGED or

in a facility such as a cabinet may be stored in a locker room.

04930 Preventing contamination--Kitchenware and tableware (FDA Food Code 4-904.11).

(1)

SINGLE-SERVICE and SINGLE-USE ARTICLES and cleaned and SANITIZED UTENSILS must be

handled, displayed, and dispensed so that contamination of

FOOD-and lip-contact

surfaces is prevented.

(2) Knives, forks and spoons that are not prewrapped must be presented so that only the

handles are touched by

EMPLOYEES and by CONSUMERS if CONSUMER self-service is

provided.

(3) Except as specified under subsection (2) of this section,

SINGLE-SERVICE ARTICLES that

are intended for

FOOD- or lip-contact must be furnished for CONSUMER self-service with

the original individual wrapper intact or from an

APPROVED dispenser.

04935 Preventing contamination--Soiled and clean tableware (FDA Food Code 4-904.12).

Soiled

TABLEWARE must be removed from CONSUMER eating and drinking areas and handled

so that clean

TABLEWARE is not contaminated.

04940 Preventing contamination--Preset tableware (FDA Food Code 4-904.13).

(1) Except as specified in subsection (2) of this section,

TABLEWARE that is preset must be

protected from contamination by being wrapped, covered, or inverted;

(2) Preset

TABLEWARE may be exposed if:

(a) Unused settings are removed when a

CONSUMER is seated; or

(b) Settings not removed when a

CONSUMER is seated are cleaned and SANITIZED

before further use.

04945 Preventing contamination--Rinsing equipment and utensils after cleaning and

sanitizing (FDA Food Code 4-904.14).

After being cleaned and

SANITIZED, EQUIPMENT and UTENSILS may not be rinsed before air

drying or use unless:

(1) The rinse is applied directly from a potable water supply by a

WAREWASHING machine

that is maintained and operated as specified under 04226 through 04270 and 04500

through 04575; and

(2) The rinse is applied only after the

EQUIPMENT and UTENSILS have been SANITIZED by the

application of hot water or by the application of a chemical

SANITIZER solution whose

EPA-registered label use instructions call for rinsing off the

SANITIZER after it is applied

in a commercial

WAREWASHING machine.

Part 5 – Water, Plumbing and Waste Page 79

PART 5: WATER, PLUMBING AND WASTE

Subpart A - Water

05100 Source--Approved system (FDA Food Code 5-101.11).

DRINKING WATER must be obtained from an APPROVED source that is a PUBLIC WATER SYSTEM.

05105 Source--System flushing and disinfection (FDA Food Code 5-101.12).

DRINKING WATER system must be flushed and disinfected before being placed in service after

construction, repair, or modification and after an emergency situation, such as a flood, that

might introduce contaminants into the system.

05110 Quality--Bottled drinking water (FDA Food Code 5-101.13).

BOTTLED DRINKING WATER used or sold for FOOD service must be obtained from APPROVED

sources in accordance with 21 C.F.R. 129 - Processing and Bottling of Bottled Drinking Water

and chapters 246-290 and 246-291 WAC.

05115 Quality--Standards (FDA Food Code 5-102.11).

Water used in

FOOD ESTABLISHMENTS must meet DRINKING WATER quality standards in

accordance with chapters 246-290 and 246-291 WAC, except as specified under 05120.

05120 Quality--Nondrinking water (FDA Food Code 5-102.12).

(1) A non

DRINKING WATER supply must be used only if its use is APPROVED.

(2) Non

DRINKING WATER must be used only for nonculinary purposes such as air

conditioning, non

FOOD EQUIPMENT cooling, fire protection and irrigation of nonFOOD

landscape foliage.

05125 Quality--Sampling (FDA Food Code 5-102.13).

Except when used as specified under 05120, water from a non

PUBLIC WATER SYSTEM must be

sampled and tested at least annually and as required by state water quality regulations.

05130 Quantity and availability--Sample report (FDA Food Code 5-102.14).

The most recent sample report for the non

PUBLIC WATER SYSTEM must be retained on file in the

FOOD ESTABLISHMENT or the report must be maintained as specified by state water quality

regulations.

05135 Quantity and availability--Capacity (FDA Food Code 5-103.11).

(1) The water source and system must be of sufficient capacity to meet the peak water

demands of the

FOOD ESTABLISHMENT.

(2) Hot water generation and distribution systems must be sufficient to meet the peak hot

water demands throughout the

FOOD ESTABLISHMENT.

05140 Distribution, delivery and retention--Pressure (FDA Food Code 5-103.12).

Water under pressure must be provided to all fixtures,

EQUIPMENT, and nonFOOD EQUIPMENT

that are required to use water except that water supplied as specified under 05150 (1) and (2)

to a

TEMPORARY FOOD ESTABLISHMENT or in response to a temporary interruption of a water

supply need not be under pressure.

05145 Distribution, delivery and retention--System (FDA Food Code 5-104.11).

Water must be received from the source through the use of:

(1) An

APPROVED public water main; or

Page 80 Washington State Retail Food Code

(2) One or more of the following that must be constructed, maintained, and operated

according to

LAW:

(a) Nonpublic water main, water pumps, pipes, hoses, connections and other

appurtenances;

(b) Water transport vehicles; and

05150 Distribution, delivery and retention--Alternate water supply (FDA Food Code 5-104.12).

Water meeting the requirements specified under Part 5, Subpart A must be made available for

a mobile facility, for a

TEMPORARY FOOD ESTABLISHMENT, without a permanent water supply,

and for a

FOOD ESTABLISHMENT with a temporary interruption of its water supply through:

(1) A supply of containers of commercially

BOTTLED DRINKING WATER;

(2) One or more closed portable water containers;

(3) An enclosed vehicular water tank;

(4) An on-

PREMISES water storage tank; or

(5) Piping, tubing, or hoses connected to an adjacent

APPROVED source.

Subpart B - Plumbing System

05200 Materials--Approved (FDA Food Code 5-201.11).

(1) A

PLUMBING SYSTEM and hoses conveying water must be constructed and repaired with

APPROVED materials according to LAW.

(2) A water filter must be made of

SAFE MATERIALS.

05205 Design, construction and installation--Approved system and cleanable fixtures (FDA

Food Code 5-202.11).

(1) A

PLUMBING SYSTEM must be designed, constructed, and installed according to LAW.

(2) A

PLUMBING FIXTURE such as a handwash sink, toilet or urinal must be EASILY

CLEANABLE

05210 Design, construction and installation--Handwashing facility, installation (FDA Food

Code 5-202.12).

(1) A

HANDWASHING SINK must be equipped to provide water at a temperature of at least

100°F (38°C) through a mixing valve or combination faucet.

(2) A steam mixing valve may not be used at a handwash sink.

(3) A self-closing, slow closing or metering faucet must provide a flow of water for at least

fifteen seconds without the need to reactivate the faucet.

(4) An automatic handwashing facility must be installed in accordance with manufacturer's

instructions.

(5)

HANDWASHING SINKS in FOOD ESTABLISHMENTS must be adequately sized to allow a FOOD

EMPLOYEE

to wash both hands simultaneously.

(6)

FOOD EMPLOYEES offering FOOD samples, such as FOOD demonstrators , may have

HANDWASHING SINKS that meet the TEMPORARY FOOD ESTABLISHMENT requirements in

09225 if not handling raw

MEAT, FISH or POULTRY.

05215 Design, construction and installation--Backflow prevention, air gap (FDA Food Code

5-202.13).

An air gap between the

DRINKING WATER supply inlet and the flood level rim of the PLUMBING

FIXTURES

or EQUIPMENT must meet the definition of an APPROVED air gap in WAC 246-290-010.

Part 5 – Water, Plumbing and Waste Page 81

05220 Design, construction and installation--Backflow prevention device, design standard

(FDA Food Code 5-202.14).

A backflow or backsiphonage prevention device installed on a water supply system must meet

standards for construction, installation, maintenance, inspection, and testing for that specific

application and type of device in accordance with WAC 246-290-490 and 51-56-0600.

05225 Design, construction and installation--Conditioning device, design (FDA Food Code

5-202.15).

A water filter, screen and other water conditioning device installed on water lines must be

designed to facilitate disassembly for periodic service and cleaning. A water filter element

must be of the replaceable type.

05230 Numbers and capacities--Handwashing sinks (FDA Food Code 5-203.11).

(1) Except as specified in subsection (2) of this section, at least one

HANDWASHING SINK, a

number of

HANDWASHING SINKS necessary for their convenient use by EMPLOYEES in

areas specified under 05255, and not fewer than the number of

HANDWASHING SINKS

required by

LAW must be provided.

(2) If

APPROVED and capable of removing the types of soils encountered in the FOOD

operations involved, automatic handwashing facilities may be substituted for

HANDWASHING SINKS in a FOOD ESTABLISHMENT that has at least one HANDWASHING SINK.

05235 Numbers and capacities--Toilets and urinals (FDA Food Code 5-203.12).

(1) At least one toilet and not fewer than the toilets required by

LAW must be provided. If

authorized by

LAW and urinals are substituted for toilets, the substitution must be done

as specified by

LAW.

(2) Except as specified under 09150, the

FOOD ESTABLISHMENT PERMIT HOLDER shall ensure

that toilet rooms are conveniently located within 200 feet of the

FOOD ESTABLISHMENT

and accessible to

EMPLOYEES during all hours of operation.

(3) The

FOOD ESTABLISHMENT PERMIT HOLDER shall ensure that toilet rooms are

conveniently located and accessible to patrons during all hours of operation if:

(a) The establishment has customer seating for on-

PREMISES consumption; and

(b) The establishment was constructed or extensively remodeled after May 1, 1992.

(4) Toilet rooms in

FOOD ESTABLISHMENTS may be used jointly by patrons and EMPLOYEES,

provided patrons accessing the toilet rooms are excluded from

FOOD preparation areas

and

FOOD storage areas with FOOD that is not PACKAGED.

05240 Numbers and capacities--Service sink (FDA Food Code 5-203.13).

(1) At least one service sink or one curbed cleaning facility equipped with a floor drain

must be provided and conveniently located for the cleaning of mops or similar wet floor

cleaning tools and for the disposal of mop water and similar liquid waste.

(2) Toilets and urinals may not be used as a service sink for the disposal of mop water and

similar liquid waste.

05245 Numbers and capacities--Backflow prevention device, when required (FDA Food Code

5-203.14).

PLUMBING SYSTEM must be installed to preclude backflow of a solid, liquid, or gas

contaminant into the water supply system at each point of use at the

FOOD ESTABLISHMENT,

including on a hose bibb if a hose is attached or on a hose bibb if a hose is not attached and

backflow prevention is required by

LAW, by:

(1) Providing an air gap as specified under 05215; or

(2) Installing an

APPROVED backflow prevention device as specified under 05220.

Page 82 Washington State Retail Food Code

05250 Numbers and capacities--Backflow prevention, carbonator.

Backflow prevention systems for carbonators must be installed as specified under

WAC 51-56-0600, Chapter 6 – water supply and distribution.

05255 Location and placement--Handwashing sinks (FDA Food Code 5-204.11).

HANDWASHING SINK must be located:

(1) To allow convenient use by

EMPLOYEES;

(2) Within twenty-five feet, or as

APPROVED, of FOOD preparation, FOOD dispensing, and

WAREWASHING areas; and

(3) In, or immediately adjacent to, toilet rooms.

05260 Location and placement--Backflow prevention device (FDA Food Code 5-204.12).

A backflow prevention device must be located so that it can be serviced and maintained.

05265 Location and placement--Conditioning device (FDA Food Code 5-204.13).

A water filter, screen, and other water conditioning device installed on water lines must be

located to facilitate disassembly for periodic servicing and cleaning.

05270 Operation and maintenance--Using a handwashing sink (FDA Food Code 5-205.11).

(1) A

HANDWASHING SINK must be maintained so that it is accessible at all times for

EMPLOYEE use.

(2) A

HANDWASHING SINK may not be used for purposes other than handwashing.

(3) An automatic handwashing facility must be used in accordance with manufacturer's

instructions.

05275 Operation and maintenance--Prohibiting a cross connection (FDA Food Code 5-205.12).

(1) A

PERSON may not create a cross connection by connecting a pipe or conduit between

the

DRINKING WATER system and a nonDRINKING WATER system or a water system of

unknown quality.

(2) The piping of a non

DRINKING WATER system must be durably identified so that it is

readily distinguishable from piping that carries

DRINKING WATER.

05280 Operation and maintenance--Scheduling inspection, testing, and service for water

system device (FDA Food Code 5-205.13).

A device such as a water treatment device or backflow preventer must be scheduled for

inspection, testing, and service, in accordance with manufacturer's instructions and

WAC 51-56-0600 and as necessary to prevent device failure based on local water conditions,

and records demonstrating inspection, testing, and service must be maintained by the

PERSON

IN CHARGE

05285 Operation and maintenance--Water reservoir of fogging devices, cleaning (FDA Food

Code 5-205.14).

(1) A reservoir that is used to supply water to a device such as a produce fogger must be:

(a) Maintained in accordance with manufacturer's specifications; and

(b) Cleaned in accordance with manufacturer's specifications or according to the

procedures specified under subsection (2) of this section, whichever is more

stringent.

(2) Cleaning procedures must include at least the following steps and must be conducted

at least once a week:

(a) Draining and complete disassembly of the water and aerosol contact parts;

(b) Brush cleaning the reservoir, aerosol tubing, and discharge nozzles with a

suitable detergent solution;

Part 5 – Water, Plumbing and Waste Page 83

particulate accumulation; and

(d) Rinsing by immersing, spraying, or swabbing the reservoir, aerosol tubing, and

discharge nozzles with at least 50

MG/L hypochlorite solution.

05290 Operation and maintenance--System maintained in good repair (FDA Food Code

5-205.15).

PLUMBING SYSTEM must be:

(1) Repaired according to

LAW; and

(2) Maintained in good repair.

Subpart C - Mobile Water Tank and Mobile Food Establishment Water Tank

05300 Materials--Approved (FDA Food Code 5-301.11).

Materials that are used in the construction of a mobile water tank,

MOBILE FOOD UNIT water

tank, and appurtenances must be:

(1) Safe;

(2) Durable,

CORROSION-RESISTANT and nonabsorbent; and

(3) Finished to have a

SMOOTH, EASILY CLEANABLE surface.

05305 Design and construction--Enclosed system, sloped to drain (FDA Food Code 5-302.11).

A mobile water tank must be:

(1) Enclosed from the filling inlet to the discharge outlet; and

(2) Sloped to an outlet that allows complete drainage of the tank.

05310 Design and construction--Inspection and cleaning port, protected and secured (FDA

Food Code 5-302.12).

If a water tank is designed with an access port for inspection and cleaning, the opening must

be in the top of the tank and:

(1) Flanged upward at least one-half inch (13 mm); and

(2) Equipped with a port cover assembly that is:

(a) Provided with a gasket and a device for securing the cover in place; and

(b) Flanged to overlap the opening and sloped to drain.

05315 Design and construction--"V" type threads, use limitation (FDA Food Code 5-302.13).

A fitting with "V" type threads on a water tank or inlet or outlet must be allowed only when a

hose is permanently attached.

05320 Design and construction--Tank vent, protected (FDA Food Code 5-302.14).

If provided, a water tank vent must terminate in a downward direction and must be covered

with:

(1) 16 mesh to one inch (16 mesh to 25.4 mm) screen or equivalent when the vent is in a

protected area; or

(2) A protective filter when the vent is in an area that is not protected from windblown dirt

and debris.

05325 Design and construction--Inlet and outlet, sloped to drain (FDA Food Code 5-302.15).

(1) A water tank and its inlet and outlet must be sloped to drain.

(2) A water tank inlet must be positioned so that it is protected from contaminants such as

waste discharge, road dust, oil or grease.

Page 84 Washington State Retail Food Code

05330 Design and construction--Hose, construction and identification (FDA Food Code

5-302.16).

A hose used for conveying

DRINKING WATER from a water tank must be:

(1) Safe;

(2) Durable,

CORROSION-RESISTANT, and nonabsorbent;

(3) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and

decomposition;

(4) Finished with a

SMOOTH interior surface; and

(5) Clearly and durably identified as to its use if not permanently attached.

05335 Numbers and capacities--Filter, compressed air (FDA Food Code 5-303.11).

A filter that does not pass oil or oil vapors must be installed in the air supply line between the

compressor and

DRINKING WATER system when compressed air is used to pressurize the water

tank system.

05340 Numbers and capacities--Protective cover or device (FDA Food Code 5-303.12).

A cap and keeper chain, closed cabinet, closed storage tube, or other

APPROVED protective

cover or device must be provided for a water inlet, outlet and hose.

05345 Numbers and capacities--Mobile food unit tank inlet (FDA Food Code 5-303.13).

A mobile

FOOD UNIT water tank inlet must be:

(1) Three-fourths inch (19.1 mm) in inner diameter or less; and

(2) Provided with a hose connection of a size or type that prevents its use for any other

service.

05350 Operation and maintenance--System flushing and sanitation (FDA Food Code 5-304.11).

A water tank, pump, and hoses must be flushed and

SANITIZED before being placed in service

after construction, repair, modification, and periods of nonuse.

05355 Operation and maintenance--Using a pump and hoses, backflow prevention (FDA Food

Code 5-304.12).

PERSON shall operate a water tank, pump, and hoses so that backflow and other

contamination of the water supply are prevented.

05360 Operation and maintenance--Protecting inlet, outlet, and hose fitting (FDA Food Code

5-304.13).

If not in use, a water tank and hose inlet and outlet fitting must be protected using a cover or

device as specified under 05340.

05365 Operation and maintenance--Tank, pump, and hoses, dedication (FDA Food Code

5-304.14).

(1) Except as specified in subsection (2) of this section, a water tank, pump, and hoses

used for conveying

DRINKING WATER must be used for no other purpose.

(2) Water tanks, pumps, and hoses

APPROVED for liquid FOODS may be used for conveying

DRINKING WATER if they are cleaned and SANITIZED before they are used to convey

water.

Part 5 – Water, Plumbing and Waste Page 85

Subpart D - Sewage, Other Liquid Waste, and Rainwater

05400 Mobile holding tank--Capacity and drainage (FDA Food Code 5-401.11).

SEWAGE holding tank in a MOBILE FOOD UNIT must be:

(1) Sized fifteen percent larger in capacity than the water supply tank; and

(2) Sloped to a drain that is one inch (25 mm) in inner diameter or greater, equipped with a

shutoff valve.

05405 Retention, drainage, and delivery design, construction, and installation--Establishment

drainage system (200 FDA Food Code 5-402.10).

FOOD ESTABLISHMENT drainage systems, including grease traps, that convey SEWAGE must be

designed and installed as specified under 05205(1).

05410 Retention, drainage, and delivery design, construction, and installation--Backflow

prevention (FDA Food Code 5-402.11).

(1) Except as specified in subsections (2), (3), and (4) of this section, a direct connection

may not exist between the

SEWAGE system and a drain originating from EQUIPMENT in

which

FOOD, portable EQUIPMENT, or UTENSILS are placed.

(2) Subsection (1) of this section does not apply to floor drains that originate in refrigerated

spaces that are constructed as an integral part of the building.

(3) If allowed by

LAW, a WAREWASHING machine may have a direct connection between its

waste outlet and a floor drain when the machine is located within five feet (1.5 mm) of a

trapped floor drain and the machine outlet is connected to the inlet side of a properly

vented floor drain trap.

(4) If allowed by

LAW, a WAREWASHING sink may have a direct connection.

05415 Retention, drainage, and delivery location and placement--Grease trap (FDA Food Code

5-402.12).

If used, a grease trap must be located to be easily accessible for cleaning.

05420 Retention, drainage, and delivery operation and maintenance--Conveying sewage (FDA

Food Code 5-402.13).

SEWAGE must be conveyed to the point of disposal through an APPROVED sanitary SEWAGE

system, on-site

SEWAGE system, or other system, including use of SEWAGE transport vehicles,

waste retention tanks, pumps, pipes, hoses, and connections that are constructed, installed,

maintained, and operated according to

LAW.

05425 Retention, drainage, and delivery operation and maintenance--Removing mobile food

unit wastes (FDA Food Code 5-402.14).

SEWAGE and other liquid wastes must be removed from a MOBILE FOOD UNIT at an APPROVED

waste

SERVICING AREA or by a SEWAGE transport vehicle in such a way that a public health

HAZARD or nuisance is not created.

05430 Retention, drainage, and delivery operation and maintenance--Flushing a waste

retention tank (FDA Food Code 5-402.15).

A tank for liquid waste retention must be thoroughly flushed and drained in a sanitary manner

during the servicing operation.

05435 Disposal facility design and construction--Approved sewage disposal system (FDA

Food Code 5-403.11).

SEWAGE must be disposed through an APPROVED facility or system that is:

(1) A public

SEWAGE treatment plant; or

(2) A

SEWAGE disposal system that is sized, constructed, maintained and operated

according to

LAW.

Page 86 Washington State Retail Food Code

05440 Disposal facility design and construction--Other liquid wastes and rainwater (FDA Food

Code 5-403.12).

Condensate drainage and other liquids and rainwater that are not

SEWAGE must be drained

from point of discharge to disposal according to

LAW.

Subpart E - Refuse, Recyclables, and Returnables

05500 Facilities on the premises, materials, design, construction and installation--Indoor

storage area (FDA Food Code 5-501.10).

If located within the

FOOD ESTABLISHMENT, a storage area for REFUSE, recyclables and

returnables must meet the requirements specified under 06100, 06200, 06235, 06260, and

06265.

05505 Facilities on the premises, materials, design, construction and installation--Outdoor

storage surface (FDA Food Code 5-501.11).

An outdoor storage surface for

REFUSE, recyclables, and returnables must be constructed of

nonabsorbent material such as concrete or asphalt and must be

SMOOTH, durable and sloped

to drain.

05510 Facilities on the premises, materials, design, construction and installation--Outdoor

enclosure (FDA Food Code 5-501.12).

If used, an outdoor enclosure for

REFUSE, recyclables, and returnables must be constructed of

durable and cleanable materials.

05515 Facilities on the premises, materials, design, construction and

installation--Receptacles (FDA Food Code 5-501.13).

(1) Except as specified in subsection (2) of this section, receptacles and waste handling

units for

REFUSE, recyclables, and returnables and for use with materials containing

FOOD residue must be durable, cleanable, insect- and rodent-resistant, leakproof, and

nonabsorbent.

(2) Plastic bags and wet strength paper bags may be used to line receptacles for storage

inside the

FOOD ESTABLISHMENT, or within closed outside receptacles.

05520 Facilities on the premises, materials, design, construction and

installation--Receptacles in vending machines (FDA Food Code 5-501.14).

REFUSE receptacle may not be located within a VENDING MACHINE, except that a receptacle

for

BEVERAGE bottle crown closures may be located within a VENDING MACHINE.

05525 Facilities on the premises, materials, design, construction and installation--Outside

receptacles (FDA Food Code 5-501.15).

(1) Receptacles and waste handling units for

REFUSE, recyclables, and returnables used

with materials containing

FOOD residue and used outside the FOOD ESTABLISHMENT must

be designed and constructed to have tight fitting lids, doors, or covers.

(2) Receptacles and waste handling units for

REFUSE and recyclables such as an on-site

compactor must be installed so that accumulation of debris and insect and other rodent

attraction and harborage are minimized and effective cleaning is facilitated around, and

if the unit is not installed flush with the base pad, under the unit.

05530 Facilities on the premises, numbers and capacities--Storage areas, rooms, and

receptacles, capacity and availability (FDA Food Code 5-501.16).

(1) An inside storage room and area and outside storage area and enclosure, and

receptacles must be of sufficient capacity to hold

REFUSE, recyclables, and returnables

that accumulate.

(2) A receptacle must be provided in each area of the

FOOD ESTABLISHMENT or PREMISES

where

REFUSE is generated or commonly discarded, or where recyclables or

returnables are placed.

Part 5 – Water, Plumbing and Waste Page 87

(3) If disposable towels are used at HANDWASHING SINKS, a waste receptacle must be

located at each

HANDWASHING SINK or group of adjacent HANDWASHING SINKS.

05535 Facilities on the premises, numbers and capacities--Toilet room receptacle, covered

(FDA Food Code 5-501.17).

A toilet room used by females must be provided with a covered receptacle for sanitary

napkins.

05540 Facilities on the premises, numbers and capacities--Cleaning implements and supplies

(FDA Food Code 5-501.18).

(1) Except as specified in subsection (2) of this section, suitable cleaning implements and

supplies such as high pressure pumps, hot water, steam, and detergent must be

provided as necessary for effective cleaning of receptacles and waste handling units

for

REFUSE, recyclables, and returnables.

(2) If

APPROVED, off-PREMISES-based cleaning services may be used if on-PREMISES

cleaning implements and supplies are not provided.

05545 Facilities on the premises, location and placement--Storage areas, redeeming

machines, receptacles and waste handling units, location (FDA Food Code 5-501.19).

(1) An area designated for

REFUSE, recyclables, returnables, and, except as specified in

subsection (2) of this section, a redeeming machine for recyclables or returnables must

be located so that it is separate from

FOOD, EQUIPMENT, UTENSILS, LINENS, and

SINGLE-SERVICE and SINGLE-USE ARTICLES and a public health HAZARD or nuisance is not

created.

(2) A redeeming machine may be located in the

PACKAGED FOOD storage area or

CONSUMER area of a FOOD ESTABLISHMENT if FOOD, EQUIPMENT, UTENSILS, LINENS and

SINGLE-SERVICE and SINGLE-USE ARTICLES are not subject to contamination from the

machines and a public health

HAZARD or nuisance is not created.

(3) The location of receptacles and waste handling units for

REFUSE, recyclables, and

returnables may not create a public health

HAZARD or nuisance or interfere with the

cleaning of adjacent space.

05550 Facilities on the premises, operation and maintenance--Storing refuse, recyclables, and

returnables (FDA Food Code 5-501.110).

REFUSE, recyclables and returnables must be stored in receptacles or waste handling units so

that they are inaccessible to insects and rodents.

05555 Facilities on the premises, operation and maintenance--Areas, enclosures, and

receptacles, good repair (FDA Food Code 5-501.111).

Storage areas, enclosures, and receptacles for

REFUSE, recyclables, and returnables must be

maintained in good repair.

05560 Facilities on the premises, operation and maintenance--Outside storage prohibitions

(FDA Food Code 5-501.112).

(1) Except as specified in subsection (2) of this section,

REFUSE receptacles not meeting

the requirements specified under 05515(1) such as receptacles that are not

rodent-resistant, unprotected plastic bags and paper bags, or baled units that contain

materials with

FOOD residue may not be stored outside.

(2) Cardboard or other packaging material that does not contain

FOOD residues and that is

awaiting regularly scheduled delivery to a recycling or disposal site may be stored

outside without being in a covered receptacle if it is stored so that it does not create a

rodent harborage problem.

Page 88 Washington State Retail Food Code

05565 Facilities on the premises, operation and maintenance--Covering receptacles (FDA

Food Code 5-501.113).

Receptacles and waste handling units for

REFUSE, recyclables, and returnables must be kept

covered:

(1) Inside the

FOOD ESTABLISHMENT if the receptacles and units:

(a) Contain

FOOD residue and are not in continuous use; or

(b) After they are filled; and

(2) With tight fitting lids or doors if kept outside the

FOOD ESTABLISHMENT.

05570 Facilities on the premises, operation and maintenance--Using drain plugs (FDA Food

Code 5-501.114).

Drains in receptacles and waste handling units for

REFUSE, recyclables, and returnables must

have drain plugs in place.

05575 Facilities on the premises, operation and maintenance--Maintaining refuse areas and

enclosures (FDA Food Code 5-501.115).

A storage area and enclosure for

REFUSE, recyclables, and returnables must be maintained

free of unnecessary items, as specified under 06565, and clean.

05580 Facilities on the premises, operation and maintenance--Cleaning receptacles (FDA

Food Code 5-501.116).

(1) Receptacles and waste handling units for

REFUSE, recyclables, and returnables must

be thoroughly cleaned in a way that does not contaminate

FOOD, EQUIPMENT, UTENSILS,

LINENS, or SINGLE-SERVICE and SINGLE-USE ARTICLES, and waste water must be

disposed of as specified under 05420.

(2) Soiled receptacles and waste handling units for

REFUSE, recyclables, and returnables

must be cleaned at a frequency necessary to prevent them from developing a buildup

of soil or becoming attractants for insects and rodents.

05585 Removal--Frequency (FDA Food Code 5-502.11).

REFUSE, recyclables, and returnables must be removed from the PREMISES at a frequency that

minimizes the development of objectionable odors and other conditions that attract or harbor

insects and rodents.

05590 Removal--Receptacles or vehicles (FDA Food Code 5-502.12).

REFUSE, recyclables, and returnables must be removed from the PREMISES by way of:

(1) Portable receptacles that are constructed and maintained according to

LAW; or

(2) A transport vehicle that is constructed, maintained, and operated according to

LAW.

05595 Facilities for disposal and recycling--Community or individual facility (FDA Food Code

5-503.11).

Solid waste not disposed of through the

SEWAGE system such as through grinders and pulpers

must be recycled or disposed of in an

APPROVED public or private community recycling or

REFUSE facility; or solid waste must be disposed of in an individual REFUSE facility such as a

landfill or incinerator which is sized, constructed, maintained, and operated according to

LAW.

Part 6: Physical Facilities Page 89

PART 6: PHYSICAL FACILITIES

Subpart A - Materials for Construction and Repair

06100 Indoor areas--Surface characteristics (FDA Food Code 6-101.11).

(1) Except as specified in subsection (2) of this section, materials for indoor floor, wall, and

ceiling surfaces under conditions of normal use must be:

(a)

SMOOTH, durable, and EASILY CLEANABLE for areas where FOOD ESTABLISHMENT

operations are conducted;

(b) Closely woven and

EASILY CLEANABLE carpet for carpeted areas; and

FOOD preparation areas,

walk-in refrigerators,

WAREWASHING areas, toilet rooms, MOBILE FOOD UNIT

SERVICING AREAS, and areas subject to flushing or spray cleaning methods.

(2) In a

TEMPORARY FOOD ESTABLISHMENT:

(a) If graded to drain, a floor may be concrete, machine laid asphalt, or dirt or gravel if

it is covered with mats, removable platforms, duckboards, or other

APPROVED

methods to effectively control dust and mud.

(b) Walls and ceilings must be constructed from a material that protects the interior

from the weather and windblown dust and debris.

06105 Outdoor areas--Surface characteristics (FDA Food Code 6-102.11).

(1) The outdoor walking and driving areas must be surfaced with concrete, asphalt or

gravel or other materials that have been effectively treated to minimize dust, facilitate

maintenance, and prevent muddy conditions.

(2) Exterior surfaces of buildings and

MOBILE FOOD UNITS must be of weather-resistant

materials and must comply with

LAW.

(3) Outdoor storage areas for

REFUSE, recyclables, or returnables must be of materials

specified under 05505 and 05510.

Subpart B - Design, Construction and Installation

06200 Cleanability--Floors, walls and ceilings (FDA Food Code 6-201.11).

Except as specified under 06215 and except for antislip floor coverings or applications that

may be used for safety reasons, floors, floor coverings, walls, wall coverings and ceilings must

be designed, constructed, and installed so they are

SMOOTH and EASILY CLEANABLE.

06205 Cleanability--Floors, walls, and ceilings, utility lines (FDA Food Code 6-201.12).

(1) Utility service lines and pipes may not be unnecessarily exposed.

(2) Exposed utility service lines and pipes must be installed so they do not obstruct or

prevent cleaning of the floors, walls or ceilings.

(3) Exposed horizontal utility service lines and pipes may not be installed on the floor.

06210 Cleanability--Floor and wall junctures, covered and enclosed or sealed (FDA Food Code

6-201.13).

(1) In

FOOD ESTABLISHMENTS in which cleaning methods other than water flushing are used

for cleaning floors, the floor and wall junctures must be coved and closed to no larger

than one thirty-second inch (1 mm).

(2) The floors in

FOOD ESTABLISHMENTS in which water flush cleaning methods are used

must be provided with drains and be graded to drain, and the floor and wall junctures

must be coved and

SEALED.

Page 90 Washington State Retail Food Code

06215 Cleanability--Floor carpeting, restriction and installation (FDA Food Code 6-201.14).

(1) A floor covering such as carpeting or similar material may not be installed as a floor

covering in

FOOD preparation areas, walk-in refrigerators, WAREWASHING areas, toilet

room areas where

HANDWASHING SINKS, toilets and urinals are located, REFUSE storage

rooms, or other areas where the floor is subject to moisture, flushing or spray cleaning

methods.

(2) If carpeting is installed as a floor covering in areas other than those specified under

subsection (1) of this section, it must be:

(a) Securely attached to the floor with a durable mastic, by using a stretch and tack

method, or by another method; and

(b) Installed tightly against the wall under the coving or installed away from the wall

with a space between the carpet and the wall and with the edges of the carpet

secured by metal stripping or some other means.

06220 Cleanability--Floor covering, mats and duckboards (FDA Food Code 6-201.15).

Mats and duckboards must be designed to be removable and

EASILY CLEANABLE.

06225 Cleanability--Wall and ceiling coverings and coatings (FDA Food Code 6-201.16).

(1) Wall and ceiling covering materials must be attached so that they are

EASILY

CLEANABLE

(2) Except in areas used only for

DRY STORAGE, concrete, porous blocks, or bricks used for

indoor wall construction must be finished and

SEALED to provide a SMOOTH,

nonabsorbent,

EASILY CLEANABLE surface.

06230 Cleanability--Walls and ceilings, attachments (FDA Food Code 6-201.17).

(1) Except as specified in subsection (2) of this section, attachments to walls and ceilings

such as light fixtures, mechanical room ventilation system components, vent covers,

wall mounted fans, decorative items, and other attachments must be

EASILY CLEANABLE.

(2) In a

CONSUMER area, wall and ceiling surfaces and decorative items and attachments

that are provided for ambiance need not meet this requirement if they are kept clean.

06235 Cleanability--Walls and ceilings, studs, joists, and rafters (FDA Food Code 6-201.18).

Except for

TEMPORARY FOOD ESTABLISHMENTS, studs, joists, and rafters may not be exposed in

areas subject to moisture.

06240 Functionality--Light bulbs, protective shielding (FDA Food Code 6-202.11).

(1) Except as specified in subsection (2) of this section, light bulbs must be shielded,

coated, or otherwise shatter-resistant in areas where there is exposed

FOOD, clean

EQUIPMENT, UTENSILS, and LINENS, or unwrapped SINGLE-SERVICE and SINGLE-USE

ARTICLES

(2) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used

only for storing

FOOD in unopened packages if:

(a) The integrity of the packages cannot be affected by broken glass falling into them;

and

(b) The packages are capable of being cleaned of debris from broken bulbs before

the packages are opened.

(3) An infrared or other heat lamp must be protected against breakage by a shield

surrounding and extending beyond the bulb so that only the face of the bulb is

exposed.

Part 6: Physical Facilities Page 91

06245 Functionality--Heating, ventilating, air conditioning system vents (FDA Food Code

6-202.12).

Heating, ventilating, and air conditioning systems must be designed and installed so that

make-up air intake and exhaust vents do not cause contamination of

FOOD, FOOD-CONTACT

SURFACES

, EQUIPMENT or UTENSILS.

06250 Functionality--Insect control devices, design and installation (FDA Food Code

6-202.13).

(1) Insect control devices that are used to electrocute or stun flying insects must be

designed to retain the insect within the device.

(2) Insect control devices must be installed so that:

(a) The devices are not located over a

FOOD preparation area; and

(b) Dead insects and insect fragments are prevented from being impelled onto or

falling on exposed

FOOD, clean EQUIPMENT, UTENSILS, and LINENS, and unwrapped

SINGLE-SERVICE or SINGLE-USE ARTICLES.

06255 Functionality--Toilet rooms, enclosed (FDA Food Code 6-202.14).

Except where a toilet room is located outside a

FOOD ESTABLISHMENT and does not open

directly into the

FOOD ESTABLISHMENT such as a toilet room that is provided by the

management of a shopping mall, a toilet room located on the

PREMISES must be completely

enclosed and provided with a tight-fitting and self-closing door.

06260 Functionality--Outer openings, protected (FDA Food Code 6-202.15).

(1) Except as specified in subsections (2) through (5) of this section, outer openings of a

FOOD ESTABLISHMENT must be protected against the entry of insects and rodents by:

(a) Filling or closing holes and other gaps along floors, walls, and ceilings;

(b) Closed, tight-fitting windows; and

(2) Subsection (1) of this section does not apply if a

FOOD ESTABLISHMENT opens into a

larger structure, such as a mall, airport or office building, or into an attached structure

such as a porch, and the outer openings from the larger or attached structure are

protected against the entry of insects and rodents.

(3) Exterior doors used as exits need not be self-closing if they are:

(a) Solid and tight-fitting;

(b) Designated for use only when an emergency exists, by the fire protection

authority that has jurisdiction over the

FOOD ESTABLISHMENT; and

purposes other than the designated emergency exit use.

(4) Except as specified in subsections (2) and (5) of this section, if the windows or doors of

FOOD ESTABLISHMENT, or of a larger structure within which a FOOD ESTABLISHMENT is

located, are kept open for ventilation or other purposes or a

TEMPORARY FOOD

ESTABLISHMENT

is not provided with windows and doors as specified under subsection

(1) of this section, the openings must be protected against entry of insects and rodents

by:

(a) 16 mesh to one inch (16 mesh to 25.4 mm) screens;

(b) Properly designed and installed air curtains to control flying insects; or

(5) Subsection (4) of this section does not apply if flying insects and other pests are absent

due to the location of the establishment, the weather, or other limiting condition.

Page 92 Washington State Retail Food Code

06265 Functionality--Exterior walls and roofs, protective barrier (FDA Food Code 6-202.16).

Perimeter walls and roofs of a

FOOD ESTABLISHMENT must effectively protect the establishment

from the weather and entry of insects, rodents, and other animals.

06270 Functionality--Outdoor food vending areas, overhead protection (FDA Food Code

6-202.17).

Except for machines that vend canned

BEVERAGES, if located outside, a machine used to vend

FOOD must be provided with overhead protection.

06275 Functionality--Outdoor servicing areas, overhead protection (FDA Food Code 6-202.18).

Except for areas used only for the loading of water or the discharge of

SEWAGE and other liquid

waste, through the use of a closed system of hoses,

SERVICING AREAS must be provided with

overhead protection.

06280 Functionality--Outdoor walking and driving surfaces, graded to drain (FDA Food Code

6-202.19).

Exterior walking and driving surfaces must be graded to drain.

06285 Functionality--Outdoor refuse areas (FDA Food Code 6-202.110).

Outdoor

REFUSE areas must be constructed in accordance with LAW.

06290 Functionality--Private homes and living or sleeping quarters, use prohibition (FDA

Food Code 6-202.111).

A private home, a room used as living or sleeping quarters, or an area directly opening into a

room used as living or sleeping quarters may not be used for conducting

FOOD ESTABLISHMENT

operations.

06295 Functionality--Living or sleeping quarters, separation (FDA Food Code 6-202.112).

Living or sleeping quarters located on the

PREMISES of a FOOD ESTABLISHMENT such as those

provided for lodging registration clerks or resident managers must be separated from rooms

and areas used for

FOOD ESTABLISHMENT operations by complete partitioning and solid

self-closing doors.

Subpart C - Numbers and Capacities

06300 Handwashing sinks--Minimum number (FDA Food Code 6-301.10).

HANDWASHING SINKS must be provided as specified under 05230.

06305 Handwashing sinks--Handwashing cleanser, availability (FDA Food Code 6-301.11).

Each

HANDWASHING SINK or group of two adjacent HANDWASHING SINKS must be provided with a

supply of hand cleaning liquid, powder, or bar soap.

06310 Handwashing sinks--Hand-drying provision (FDA Food Code 6-301.12).

Each

HANDWASHING SINK or group of adjacent HANDWASHING SINKS must be provided with:

(1) Individual, disposable towels;

(2) A continuous towel system that supplies the user with a clean towel;

(3) A heated-air hand-drying device; or

(4) A hand-drying device that employs an air-knife system that delivers high velocity,

pressurized air at ambient temperatures.

06315 Handwashing sinks--Handwashing aids and devices, use restriction (FDA Food Code

6-301.13).

A sink used for

FOOD preparation or UTENSIL washing, or a service sink or curbed cleaning

facility used for the disposal of mop water or similar wastes, may not be provided with the

handwashing aids and devices required for a

HANDWASHING SINK as specified under 06305,

06310, and 05530(3).

Part 6: Physical Facilities Page 93

06320 Handwashing sinks--Handwashing signage (FDA Food Code 6-301.14).

A sign or poster that notifies

FOOD EMPLOYEES to wash their hands must be provided at all

HANDWASHING SINKS used by FOOD EMPLOYEES and must be clearly visible to FOOD EMPLOYEES.

06325 Handwashing sinks--Disposable towels, waste receptacle (FDA Food Code 6-301.20).

HANDWASHING SINK or group of adjacent HANDWASHING SINKS that is provided with disposable

towels must be provided with a waste receptacle as specified under 05530(3).

06330 Toilets and urinals--Minimum number (FDA Food Code 6-302.10).

Toilets and urinals must be provided as specified under 05235.

06335 Toilets and urinals--Toilet tissue, availability (FDA Food Code 6-302.11).

A supply of toilet tissue must be available at each toilet.

06340 Lighting--Intensity (FDA Food Code 6-303.11).

The light intensity must be:

(1) At least 10 foot candles (108 lux) at a distance of 30 inches (75 cm) above the floor, in

walk-in refrigeration units and dry

FOOD storage areas and in other areas and rooms

during periods of cleaning;

(2) At least 20 foot candles (215 lux):

(a) At a surface where

FOOD is provided for CONSUMER self-service such as buffets

and salad bars or where fresh produce or

PACKAGED FOODS are sold or offered for

consumption;

(b) Inside

EQUIPMENT such as reach-in and under-counter refrigerators;

WAREWASHING, and EQUIPMENT and UTENSIL storage, and in toilet rooms; and

(3) At least 50 foot candles (540 lux) at a surface where a

FOOD EMPLOYEE is working with

FOOD or working with UTENSILS or EQUIPMENT such as knives, slicers, grinders, or saws

where

EMPLOYEE safety is a factor.

06345 Ventilation--Mechanical (FDA Food Code 6-304.11).

If necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious

odors, smoke and fumes, mechanical ventilation of sufficient capacity must be provided.

06350 Dressing areas and lockers--Designation (FDA Food Code 6-305.11).

(1) Dressing rooms or dressing areas must be designated if

EMPLOYEES routinely change

their clothes in the establishment.

(2) Lockers or other suitable facilities must be provided for the orderly storage of

EMPLOYEES' clothing and other possessions.

06355 Service sinks--Availability (FDA Food Code 6-306.10).

A service sink or curbed cleaning facility must be provided as specified under 05240.

Subpart D - Location and Placement

06400 Handwashing sinks--Conveniently located (FDA Food Code 6-401.10).

HANDWASHING SINKS must be conveniently located as specified under 05255.

06405 Toilet rooms--Convenience and accessibility (FDA Food Code 6-402.11).

Toilet rooms must be conveniently located and accessible to

EMPLOYEES during all hours of

operation.

Page 94 Washington State Retail Food Code

06410 Employee accommodations--Designated areas (FDA Food Code 6-403.11).

(1) Areas designated for

EMPLOYEES to eat, drink, and use tobacco must be located so that

FOOD, EQUIPMENT, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES are protected

from contamination.

(2) Lockers or other suitable facilities must be located in a designated room or area where

contamination of

FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and

SINGLE-USE ARTICLES cannot occur.

06415 Distressed merchandise--Segregation and location (FDA Food Code 6-404.11).

Products that are held by the

PERMIT HOLDER for credit, redemption, or return to the distributor,

such as damaged, spoiled, or recalled products, must be segregated and held in designated

areas that are separated from

FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and

SINGLE-USE ARTICLES.

06420 Refuse, recyclables, and returnables--Receptacles, waste handling units, and

designated storage areas (FDA Food Code 6-405.10).

Units, receptacles, and areas designated for storage of

REFUSE and recyclable and returnable

containers must be located as specified under 05545.

Subpart E - Maintenance and Operation: Premises, Structures, Attachments, and Fixtures

06500 Methods--Repairing (FDA Food Code 6-501.11).

PHYSICAL FACILITIES must be maintained in good repair.

06505 Methods--Cleaning, frequency and restrictions (FDA Food Code 6-501.12).

(1)

PHYSICAL FACILITIES must be cleaned as often as necessary to keep them clean.

(2) Except for cleaning that is necessary due to a spill or other accident, cleaning must be

done during periods when the least amount of

FOOD is exposed such as after closing.

06510 Methods--Cleaning floors, dustless methods (FDA Food Code 6-501.13).

(1) Except as specified in subsection (2) of this section, only dustless methods of cleaning

must be used, such as wet cleaning, vacuum cleaning, mopping with treated dust

mops, or sweeping using a broom and dust-arresting compounds.

(2) Spills or drippage on floors that occur between normal floor cleaning times may be

cleaned:

(a) Without the use of dust-arresting compounds; and

(b) In the case of liquid spills or drippage, with the use of a small amount of absorbent

compound such as sawdust or diatomaceous earth applied immediately before

spot cleaning.

06515 Methods--Cleaning ventilation systems, nuisance and discharge prohibition (FDA Food

Code 6-501.14).

(1) Intake and exhaust air ducts must be cleaned and filters changed so that they are not a

source of contamination by dust, dirt, and other materials.

(2) If vented to the outside, ventilation systems may not create a public health

HAZARD or

nuisance or unlawful discharge.

06520 Methods--Cleaning maintenance tools, preventing contamination (FDA Food Code

6-501.15).

FOOD preparation sinks, HANDWASHING SINKS, and WAREWASHING EQUIPMENT may not be used

for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or

the disposal of mop water and similar liquid wastes.

Part 6: Physical Facilities Page 95

06525 Methods--Drying mops (FDA Food Code 6-501.16).

After use, mops must be placed in a position that allows them to air dry without soiling walls,

EQUIPMENT, or supplies.

06530 Methods--Absorbent materials on floors, use limitations (FDA Food Code 6-501.17).

Except as specified under 06510(2), sawdust, wood shavings, granular salt, baked clay,

diatomaceous earth, or similar materials may not be used on floors.

06535 Methods--Cleaning of plumbing fixtures (FDA Food Code 6-501.18).

PLUMBING FIXTURES such as HANDWASHING SINKS, toilets, and urinals must be cleaned as often

as necessary to keep them clean.

06540 Methods--Closing toilet room doors (FDA Food Code 6-501.19).

Except during cleaning and maintenance operations, toilet room doors as specified under

06255 must be kept closed.

06545 Methods--Using dressing rooms and lockers (FDA Food Code 6-501.110).

(1) Dressing rooms must be used by

EMPLOYEES if the EMPLOYEES regularly change their

clothes in the establishment.

(2) Lockers or other suitable facilities must be used for the orderly storage of

EMPLOYEE

clothing and other possessions.

06550 Methods--Controlling pests (FDA Food Code 6-501.111).

The

PREMISES must be maintained free of infestations of insects, rodents, and other pests

such that there is not a breeding population of pests in the facility. The presence of insects,

rodents, and other pests must be controlled to minimize their presence on the

PREMISES by:

(1) Routinely inspecting incoming shipments of

FOOD and supplies;

(2) Routinely inspecting the

PREMISES for evidence of pests;

(3) Using methods, if pests are found, such as trapping devices or other means of pest

control as specified under 07210, 07250, and 07255; and

(4) Eliminating harborage conditions.

06555 Methods--Removing dead or trapped birds, insects, rodents, and other pests (FDA

Food Code 6-501.112).

Dead or trapped birds, insects, rodents, and other pests must be removed from control

devices and the

PREMISES at a frequency that prevents their accumulation, decomposition, or

the attraction of pests.

06560 Methods--Storing maintenance tools (FDA Food Code 6-501.113).

Maintenance tools such as brooms, mops, vacuum cleaners, and similar items must be:

(1) Stored so they do not contaminate

FOOD, EQUIPMENT, UTENSILS, LINENS, and

SINGLE-SERVICE and SINGLE-USE ARTICLES; and

(2) Stored in an orderly manner that facilitates cleaning the area used for storing the

maintenance tools.

06565 Methods--Maintaining premises, unnecessary items and litter (FDA Food Code

6-501.114).

The

PREMISES must be free of:

(1) Items that are unnecessary to the operation or maintenance of the establishment such

EQUIPMENT that is nonfunctional or no longer used; and

(2) Litter.

Page 96 Washington State Retail Food Code

06570 Methods--Prohibiting animals (FDA Food Code 6-501.115).

(1) Except as specified in subsections (2) through (5) of this section, live animals may not

be allowed on the

PREMISES of a FOOD ESTABLISHMENT.

(2) Live animals may be allowed in the following situations if the contamination of

FOOD;

clean

EQUIPMENT, UTENSILS, LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE

ARTICLES

cannot result:

(a) Edible

FISH or decorative FISH in aquariums, shellfish or crustacea on ice or under

refrigeration, and shellfish and crustacea in display tank systems;

(b) Patrol dogs accompanying police or security officers in offices and dining, sales,

and storage areas, and sentry dogs running loose in outside fenced areas;

(c)

SERVICE ANIMALS that are controlled by an employee or individual with a disability

in areas not used for

FOOD preparation and usually open for customers, such as

dining and sales areas, if a health or safety

HAZARD will not result from the

presence or activities of the

SERVICE ANIMAL;

(d) Pets in the common areas of institutional care facilities such as nursing homes,

assisted living facilities, group homes, or residential care facilities at times other

than during meals if:

(i) Effective partitioning and self-closing doors separate the common dining

areas from

FOOD storage or FOOD preparation areas;

(ii) Condiments,

EQUIPMENT, and UTENSILS are stored in enclosed cabinets or

removed from the common dining areas when pets are present; and

(iii) Dining areas including tables, countertops, and similar surfaces are

effectively cleaned before the next meal service; and

(e) In areas that are not used for

FOOD preparation, storage, sales, display or dining,

in which there are caged animals or animals that are similarly confined, such as in

a variety store that sells pets or a tourist park that displays animals.

(3) Live or dead

FISH bait may be stored if contamination of FOOD; clean EQUIPMENT,

UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES cannot

result.

(4) Effective March 1, 2022, dogs, under the control of the dog owner, may be allowed in

an outdoor area on the

PREMISES if all of the following conditions are satisfied:

(a) The

PERMIT HOLDER has an APPROVED plan to allow dogs in its outdoor PREMISES.

(b) Dogs are on a leash and under the control of the dog owner or confined in a pet

carrier.

FOOD ESTABLISHMENT to reach the outdoor area.

(d) Dogs are not allowed on tables, chairs, benches, seats, or other fixtures in the

FOOD ESTABLISHMENT.

(e) The outdoor area is not used for food or drink preparation or the storage of

UTENSILS.

(f) If the

FOOD ESTABLISHMENT provides FOOD and water containers for dogs,

EMPLOYEES shall not wash containers in the FOOD ESTABLISHMENT.

(g)

FOOD EMPLOYEES do not have direct contact with dogs.

(h) The outdoor area is maintained clean of animal waste.

(i) The

PERMIT HOLDER ensures compliance with local ordinances related to

sidewalks, public nuisance, and sanitation.

(5) Dogs, under the control of the dog owner, may be allowed in an indoor area on the

premises if all of the following conditions are satisfied:

(a) The

PERMIT HOLDER has notified the REGULATORY AUTHORITY in advance.

Part 6: Physical Facilities Page 97

(b) The FOOD ESTABLISHMENT only pours BEVERAGES produced by a FOOD PROCESSING

PLANT

and is limited to only nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD,

READY-TO-EAT FOOD produced in a licensed FOOD ESTABLISHMENT or FOOD

PROCESSING PLANT

(such as premixed soda pop, powdered creamer, pretzels,

cookies, doughnuts, cake, or MEAT jerky) that are served from the original

package without direct hand contact directly onto or into a container.

FOOD ESTABLISHMENT.

(d) If the

FOOD ESTABLISHMENT provides FOOD and water containers for dogs,

EMPLOYEES shall not wash containers in the FOOD ESTABLISHMENT.

(e)

FOOD EMPLOYEES do not have direct contact with dogs.

(f) The

PREMISES is maintained clean of animal waste.

(g) The

PERMIT HOLDER ensures compliance with local ordinances related to

sidewalks, public nuisance, and sanitation.

(h) The

PERMIT HOLDER provides signage to notify customers that the facility allows

dogs in its indoor

PREMISES.

Part 7: Poisonous and Toxic Materials Page 99

PART 7: POISONOUS OR TOXIC MATERIALS

Subpart A - Labeling and Identification

07100 Original containers--Identifying information, prominence (FDA Food Code 7-101.11).

Containers of

POISONOUS OR TOXIC MATERIALS and PERSONAL CARE ITEMS must bear a legible

manufacturer's label.

07105 Working containers--Common name (FDA Food Code 7-102.11).

Working containers used for storing

POISONOUS OR TOXIC MATERIALS such as cleaners and

SANITIZERS taken from bulk supplies must be clearly and individually identified with the

common name of the material.

Subpart B - Operational Supplies and Applications

07200 Storage--Separation (FDA Food Code 7-201.11).

OISONOUS OR TOXIC MATERIALS must be stored so they cannot contaminate FOOD, EQUIPMENT,

UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES by:

(1) Separating the

POISONOUS OR TOXIC MATERIALS by spacing or partitioning; and

(2) Locating the

POISONOUS OR TOXIC MATERIALS in an area that is not above FOOD,

EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE or SINGLE-USE ARTICLES. This

subsection does not apply to

EQUIPMENT and UTENSIL cleaners and SANITIZERS that are

stored in

WAREWASHING areas for availability and convenience if the materials are

stored to prevent contamination of

FOOD, EQUIPMENT, UTENSILS, LINENS, and

SINGLE-SERVICE and SINGLE-USE ARTICLES.

07205 Presence and use--Restriction (FDA Food Code 7-202.11).

(1) Only those

POISONOUS OR TOXIC MATERIALS that are required for the operation and

maintenance of a

FOOD ESTABLISHMENT, such as for the cleaning and SANITIZING of

EQUIPMENT and UTENSILS and the control of insects and rodents, may be allowed in a

FOOD ESTABLISHMENT.

(2) Subsection (1) of this section does not apply to

PACKAGED POISONOUS OR TOXIC

MATERIALS

that are for retail sale.

07210 Presence and use--Conditions of use (FDA Food Code 7-202.12).

POISONOUS OR TOXIC MATERIALS must be:

(1) Used according to:

(a)

LAW and this chapter;

(b) Manufacturer's use directions included in labeling, and, for a pesticide,

manufacturer's label instructions that state that use is allowed in a

FOOD

ESTABLISHMENT

;

materials; and

(d) Additional conditions that may be established by the

REGULATORY AUTHORITY; and

(2) Applied so that:

(a) A

HAZARD to EMPLOYEES or other PERSONS is not constituted; and

(b) Contamination including toxic residues due to drip, drain, fog, splash or spray on

FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE AND SINGLE-USE ARTICLES

is prevented, and for a

RESTRICTED USE PESTICIDE, this is achieved by:

(i) Removing the items;

(ii) Covering the items with impermeable covers; or

(iii) Taking other appropriate preventative actions; and

(iv) Cleaning and

SANITIZING EQUIPMENT and UTENSILS after the application.

Page 100 Washington State Retail Food Code

(3) A RESTRICTED USE PESTICIDE must be applied only by an applicator certified as defined

in 7 U.S.C. 136 Definitions, (e) Certified Applicator, of the Federal Insecticide,

Fungicide and Rodenticide Act, or a

PERSON under the direct supervision of a certified

applicator.

07215 Container prohibitions--Poisonous or toxic material containers (FDA Food Code

7-203.11).

A container previously used to store

POISONOUS OR TOXIC MATERIALS may not be used to store,

transport, or dispense

FOOD.

07220 Chemicals--Sanitizers, criteria (FDA Food Code 7-204.11).

Chemical

SANITIZERS, including chemical sanitizing solutions generated on-site, and other

chemical antimicrobials applied to

FOOD-CONTACT SURFACES must:

(1) Meet the requirements specified in 40 C.F.R. 180.940 Tolerance exemptions for active

and inert ingredients for Use in Antimicrobial Formulations (food contact surface

sanitizing food contact surface sanitizing solutions); or

(2) Meet the requirements as specified in 40 C.F.R. 180.2020 Pesticide Chemicals Not

Requiring a Tolerance or Exemption from Tolerance Non-food Determinations.

07225 Chemicals--Chemicals for washing, treatment, storage, and processing fruits and

vegetables, criteria (FDA Food Code 7-204.12).

Chemicals, including those generated onsite, used to wash or peel raw, whole fruits and

vegetables or used in the treatment, storage, and processing of fruits and vegetables must:

(1) Be an

APPROVED FOOD ADDITIVE listed for this intended use in 21 C.F.R. 173 -

Secondary Direct Food Additives Permitted in Food for Human Consumption; or

(2) Be generally recognized as safe (GRAS) for this intended use; or

(3) Be the subject of an effective food contact notification for this intended use (only

effective for the manufacturer or supplier identified in the notification); and

(4) Meet the requirements in 40 C.F.R. 156 Labeling Requirements for Pesticide and

Devices.

07230 Chemicals--Boiler water additives, criteria (FDA Food Code 7-204.13).

Chemicals used as boiler water

ADDITIVES must meet the requirements specified in 21 C.F.R.

173.310 Boiler Water A

DDITIVES.

07235 Chemicals--Drying agents, criteria (FDA Food Code 7-204.14).

Drying agents used in conjunction with

SANITIZATION must:

(1) Contain only components that are listed as one of the following:

(a) Generally recognized as safe for use in

FOOD as specified in 21 C.F.R.

182 - Substances Generally Recognized as Safe (GRAS), or 21 C.F.R.

184 - Direct Food Substances Affirmed as Generally Recognized as Safe;

(b) Generally recognized as safe (GRAS) for the intended use as specified in 21

C.F.R. 186 - Indirect Food Substances Affirmed as Generally Recognized as

Safe;

experts qualified in scientific training and experience to evaluate the safety of

substances added, directly or indirectly, to

FOOD as described in 21 C.F.R. 170.30

- Eligibility for Classification as Generally Recognized as Safe (GRAS);

(d) Subject of an effective Food Contact Notification as described in the Federal Food

Drug and Cosmetic Act (FFDCA) Section 409(h);

(e)

APPROVED for use as a drying agent under a prior sanction as described in the

Federal Food Drug and Cosmetic Act (FFDCA) § 201(s)(4);

(f) Specifically regulated as an indirect

FOOD ADDITIVE for use as a drying agent as

specified in 21 C.F.R. Parts 174-178; or

Part 7: Poisonous and Toxic Materials Page 101

(g) APPROVED for use as a drying agent under the threshold of regulation process

established by 21 C.F.R. 170.39 Threshold of Regulation For Substances Used In

Food-Contact Articles; and

(2) When

SANITIZATION is with chemicals, the approval required under subsection (1)(e) or

(g) of this section or the regulation as an indirect

FOOD ADDITIVE required under

subsection (1)(f) of this section, must be specifically for use with chemical

SANITIZING

solutions.

07240 Lubricants--Incidental food contact, criteria (FDA Food Code 7-205.11).

Lubricants must meet the requirements specified in 21 C.F.R. 178.3570 - Lubricants with

Incidental Food Contact, if they are used on

FOOD-CONTACT SURFACES, on bearings and gears

located on or within

FOOD-CONTACT SURFACES, or on bearings and gears that are located so

that lubricants may leak, drip, or be forced into

FOOD or onto FOOD-CONTACT SURFACES.

07245 Pesticides--Restricted use pesticides, criteria (FDA Food Code 7-206.11).

RESTRICTED USE PESTICIDES specified under 07210(3) must meet the requirements specified in

40 C.F.R. 152 Subpart I - Classification of Pesticides.

07250 Pesticides--Rodent bait stations (FDA Food Code 7-206.12).

Rodent bait must be contained in a covered, tamper-resistant bait station.

07255 Pesticides--Tracking powders, pest control and monitoring (FDA Food Code 7-206.13).

(1) Except as specified in subsection (2) of this section, a tracking powder pesticide may

not be used in a

FOOD ESTABLISHMENT.

(2) If used, a nontoxic tracking powder such as talcum or flour may not contaminate

FOOD,

EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE AND SINGLE-USE ARTICLES.

07260 Medicines--Restriction and storage (FDA Food Code 7-207.11).

(1) Except for medicines that are stored or displayed for retail sale, only those medicines

that are necessary for the health of

EMPLOYEES may be allowed in a FOOD

ESTABLISHMENT

(2) Medicines that are in a

FOOD ESTABLISHMENT for the EMPLOYEES' use must be labeled as

specified under 07100 and located to prevent the contamination of

FOOD, EQUIPMENT,

UTENSILS, LINENS, and SINGLE-SERVICE AND SINGLE-USE ARTICLES.

07265 Medicines--Refrigerated medicines, storage (FDA Food Code 7-207.12).

Medicines belonging to

EMPLOYEES or to children in a day care center that require refrigeration

and are stored in a

FOOD refrigerator must be:

(1) Stored in a package or container and kept inside a covered, leakproof container that is

identified as a container for the storage of medicines; and

(2) Located so they are inaccessible to children.

07270 First-aid supplies--Storage (FDA Food Code 7-208.11).

First-aid supplies that are in a

FOOD ESTABLISHMENT for the EMPLOYEES' use must be:

(1) Labeled as specified under 07100; and

(2) Stored in a kit or a container that is located to prevent the contamination of

FOOD,

EQUIPMENT, UTENSILS, and LINENS, and SINGLE-SERVICE AND SINGLE-USE ARTICLES.

07275 Other personal care items--Storage (FDA Food Code 7-209.11).

Except as specified under 07265 and 07270,

EMPLOYEES shall store their PERSONAL CARE

ITEMS

in facilities as specified under 06350(2).

Page 102 Washington State Retail Food Code

Subpart C - Stock and Retail Sale

07300 Storage and display--Separation (FDA Food Code 7-301.11).

OISONOUS OR TOXIC MATERIALS must be stored and displayed for retail sale so they cannot

contaminate

FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE AND SINGLE-USE

ARTICLES

by:

(1) Separating the

POISONOUS OR TOXIC MATERIALS by spacing or partitioning; and

(2) Locating the

POISONOUS OR TOXIC MATERIALS in an area that is not above FOOD,

EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE or SINGLE-USE ARTICLES.

Part 8: Compliance and Enforcement Page 103

PART 8: COMPLIANCE AND ENFORCEMENT

Subpart A - Applicability

08100 Use for intended purpose--Public health protection (FDA Food Code 8-101.10).

(1) The

REGULATORY AUTHORITY shall apply this chapter to promote its underlying purpose,

as specified under 01105, of safeguarding public health and ensuring that

FOOD is safe,

not

ADULTERATED, and honestly presented when offered to the CONSUMER.

(2) In enforcing the provision of this chapter, the

REGULATORY AUTHORITY shall assess

existing facilities or

EQUIPMENT that were in use before the effective date of this chapter

based on the following considerations:

(a) Whether the facilities or

EQUIPMENT are in good repair and capable of being

maintained in a sanitary condition;

(b) Whether

FOOD-CONTACT SURFACES comply with Part 4, Subpart A;

EQUIPMENT are sufficient

to comply with 04300; and

(d) The existence of a documented agreement with the

PERMIT HOLDER that the

facilities or

EQUIPMENT will be replaced as specified under 08350(7).

08105 Additional requirements--Preventing health hazards, provision for conditions not

addressed (FDA Food Code 8-102.10).

(1) If necessary to protect against public health hazards or nuisances, the

REGULATORY

AUTHORITY

may impose specific requirements in addition to the requirements contained

in this chapter that are authorized by

LAW.

(2) The

REGULATORY AUTHORITY shall document the conditions that necessitate the

imposition of additional requirements and the underlying public health rationale. The

documentation must be provided to the

PERMIT applicant or PERMIT HOLDER and a copy

must be maintained in the

REGULATORY AUTHORITY'S file for the FOOD ESTABLISHMENT.

08110 Variances--Modifications and waivers (FDA Food Code 8-103.10).

The

REGULATORY AUTHORITY may grant a VARIANCE by modifying or waiving the requirements

of this chapter if in the opinion of the

REGULATORY AUTHORITY a health HAZARD or nuisance will

not result from the

VARIANCE. If a VARIANCE is granted, the REGULATORY AUTHORITY shall retain

the information specified under 08115 in its records for the

FOOD ESTABLISHMENT.

08115 Variances--Documentation of proposed

VARIANCE and justification (FDA Food Code

8-103.11).

Before a

VARIANCE from a requirement of this chapter is APPROVED, the information that must

be provided by the

PERSON requesting the VARIANCE and retained in the REGULATORY

AUTHORITY

'S file on the FOOD ESTABLISHMENT includes:

(1) A statement of the proposed

VARIANCE of this chapter requirement citing the relevant

section;

(2) An analysis of the rationale for how the potential public health hazards and nuisances

addressed by the relevant section will be alternatively addressed by the proposal; and

(3) A

HACCP PLAN if required as specified under 08210(1) that includes the information

specified under 08215 as it is relevant to the

VARIANCE requested.

08120 Variances--Conformance with approved procedures (FDA Food Code 8-103.12).

If the

REGULATORY AUTHORITY grants a VARIANCE as specified under 08110, or a HACCP PLAN is

otherwise required as specified under 08210, the

PERMIT HOLDER shall:

(1) Maintain the

APPROVED VARIANCE at the FOOD ESTABLISHMENT; and

(2) Comply with the

HACCP PLANS and procedures that are submitted as specified under

08215 and

APPROVED as a basis for the modification or waiver; and

Page 104 Washington State Retail Food Code

(3) Maintain and provide to the REGULATORY AUTHORITY, upon request, records specified

under 08215 (4) and (5) that demonstrate that the following are routinely employed:

(a) Procedures for monitoring

CRITICAL CONTROL POINTS;

(b) Monitoring of the

CRITICAL CONTROL POINTS;

(d) Necessary corrective actions if there is a failure at a

CRITICAL CONTROL POINT.

Subpart B - Plan Submission and Approval

08200 Facility and operating plans--When plans are required (FDA Food Code 8-201.11).

PERMIT applicant or PERMIT HOLDER shall submit to the REGULATORY AUTHORITY properly

prepared plans and specifications for review and approval before:

(1) The construction of a

FOOD ESTABLISHMENT;

(2) The conversion of an existing structure for use as a

FOOD ESTABLISHMENT; or

(3) The remodeling of a

FOOD ESTABLISHMENT, a change of type of FOOD ESTABLISHMENT, or

significant changes to the methods of

FOOD preparation or style of service as specified

under 08325(3) if the

REGULATORY AUTHORITY determines that plans and specifications

are necessary to ensure compliance with this chapter.

08205 Facility and operating plans--Contents of the plans and specifications (FDA Food Code

8-201.12).

The plans and specifications for a

FOOD ESTABLISHMENT, including a FOOD ESTABLISHMENT

specified under 08210, must include, as required by the

REGULATORY AUTHORITY based on the

type of operation, type of

FOOD preparation, and FOODS prepared, the following information to

demonstrate conformance with chapter provisions:

(1) Intended menu;

(2) Anticipated volume of

FOOD to be stored, prepared, and sold or served;

(3) Proposed layout, mechanical schematics, construction materials, and finish schedules;

(4) Proposed

EQUIPMENT types, manufacturers, model numbers, locations, dimensions,

performance capacities, and installation specifications;

(5) Evidence that standard procedures that ensure compliance with the requirements of

this chapter are developed or are being developed; and

(6) Other information that may be required by the

REGULATORY AUTHORITY for the proper

review of the proposed construction, conversion or modification, and procedures for

operating a

FOOD ESTABLISHMENT.

08210 Facility and operating plans--When a HACCP plan is required (FDA Food Code

8-201.13).

(1) Before engaging in an activity that requires a

HACCP PLAN, a PERMIT applicant or PERMIT

HOLDER

shall submit to the REGULATORY AUTHORITY for approval a properly prepared

HACCP PLAN as specified under 08215 and the relevant provisions of this chapter if:

(a) Submission of a

HACCP PLAN is required according to LAW;

(b) A

VARIANCE is required as specified under 03400 (4)(d), 03535, and 04244(2);

REGULATORY AUTHORITY determines that a FOOD preparation or processing

method requires a

VARIANCE based on a plan submittal specified under 08205, an

inspectional finding, or a

VARIANCE request.

(2) A

PERMIT applicant or PERMIT HOLDER shall have a properly prepared HACCP PLAN as

specified under 03540.

Part 8: Compliance and Enforcement Page 105

08215 Facility and operating plans--Contents of a HACCP plan (FDA Food Code 8-201.14).

For a

FOOD ESTABLISHMENT required under 08210 to have a HACCP PLAN, the PERMIT applicant

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;

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.

(4) A

CRITICAL CONTROL POINT summary for each specific FOOD or category type that clearly

identifies:

(a) Each

CRITICAL CONTROL POINT;

(b) The

CRITICAL LIMITS for each CRITICAL CONTROL POINT;

CRITICAL CONTROL

POINT

by the designated FOOD EMPLOYEE or the PERSON IN CHARGE;

(d) The method and frequency for the

PERSON IN CHARGE to routinely verify that the

FOOD EMPLOYEE is following standard operating procedures and monitoring

CRITICAL CONTROL POINTS;

(e) Action to be taken by the designated

FOOD EMPLOYEE or PERSON IN CHARGE if the

CRITICAL LIMITS for each CRITICAL CONTROL POINT are not met; and

(f) Records to be maintained by the

PERSON IN CHARGE to demonstrate that the

HACCP PLAN is properly operated and managed; and

(5) Supporting documents such as:

(a)

FOOD EMPLOYEE and supervisory training plan that addresses the food safety

issues of concern;

(b) Copies of blank records forms that are necessary to implement the

HACCP PLAN;

and

REGULATORY

AUTHORITY

, supporting the determination that FOOD safety is not compromised by

the proposal.

(6) Any other information required by the

REGULATORY AUTHORITY.

08220 Trade secrets (FDA Food Code 8-202.10).

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 08205 and

08215.

08225 Construction inspection and approval--Preoperational inspections (FDA Food Code

8-203.10).

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 08205(5), and is in compliance with the

LAW and this chapter.

Page 106 Washington State Retail Food Code

Subpart C - Permit to Operate

08300 Requirement--Prerequisite for operation (FDA Food Code 8-301.11).

PERSON may not operate a FOOD ESTABLISHMENT without a valid PERMIT to operate issued by

the

REGULATORY AUTHORITY.

08305 Exempt from permit with approval.

(1) The

REGULATORY AUTHORITY may exempt a PERSON from the provisions of 08600(1) and

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 facility that is not

APPROVED, 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 non

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD sliced

fruits and vegetables;

(b) Popcorn and flavored popcorn prepared from commercially

PACKAGED ingredients

that are not

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;

APPROVED facility;

(d) Crushed ice drinks containing only ingredients that are not

TIME/TEMPERATURE

CONTROL FOR SAFETY FOODS

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 pre-

PACKAGED 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.

08310 Application procedure--Submission thirty calendar days before proposed opening

(FDA Food Code 8-302.11).

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.

08315 Application procedure--Form of submission (FDA Food Code 8-302.12).

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

Part 8: Compliance and Enforcement Page 107

08320 Application procedure--Qualifications and responsibilities of applicants (FDA Food

Code 8-302.13).

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 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.

08325 Application procedure--Contents of the application (FDA Food Code 8-302.14).

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

(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 pre-

PACKAGED FOOD that is not

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD.

(4) The name, title, address, and telephone number of the

PERSON directly responsible for

the

FOOD ESTABLISHMENT;

(5) The name, title, address, and telephone number of the

PERSON who functions as the

immediate supervisor of the

PERSON specified under subsection (4) of this section such

as the zone, district, or regional supervisor;

(6) The names, titles, and addresses of:

(a) The

PERSONS comprising the legal ownership as specified under subsection (2) of

this section including the owners and officers; and

(b) The local resident agent if one is required based on the type of legal ownership.

Page 108 Washington State Retail Food Code

(7) A statement signed by the applicant that:

(a) Attests to the accuracy of the information provided in the application; and

(b) Affirms that the applicant will:

(i) Comply with this chapter; and

(ii) Allow the

REGULATORY AUTHORITY access to the establishment as specified

under 08415 and to the records specified under 03290, 05280 and 08215

(4)(f); and

(8) Other information required by the

REGULATORY AUTHORITY.

08330 Issuance--New, converted, or remodeled establishments (FDA Food Code 8-303.10).

For

FOOD ESTABLISHMENTS that are required to submit plans as specified under 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 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.

08335 Issuance--Existing establishments, permit renewal, and change of ownership (FDA

Food Code 8-303.20).

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.

08340 Issuance--Denial of application for permit, notice (FDA Food Code 8-303.30).

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.

08345 Conditions of retention--Responsibilities of the regulatory authority (FDA Food Code

8-304.10).

(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 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.

08350 Conditions of retention--Responsibilities of the permit holder (FDA Food Code

8-304.11).

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;

Part 8: Compliance and Enforcement Page 109

(2) Comply with the provisions of this chapter including the conditions of a granted

VARIANCE as specified under 08120, and APPROVED plans as specified under 08205;

(3) If a

FOOD ESTABLISHMENT is required under 08210 to operate under a HACCP PLAN,

comply with the plan as specified under 08120;

(4) Immediately contact the

REGULATORY AUTHORITY to report an illness of a FOOD

EMPLOYEE

or CONDITIONAL EMPLOYEE as specified under 02215;

(5) Immediately discontinue operations and notify the

REGULATORY AUTHORITY if an

IMMINENT HEALTH HAZARD might exist as specified under 08455;

(6) Allow representatives of the

REGULATORY AUTHORITY access to the FOOD ESTABLISHMENT

as specified under 08415;

(7) Replace existing facilities and

EQUIPMENT specified under 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.

(8) Comply with directives of the

REGULATORY AUTHORITY including time frames for

corrective actions specified in inspection reports, notices, orders, warnings, and other

directives issued by the

REGULATORY AUTHORITY in regard to the PERMIT HOLDER'S FOOD

ESTABLISHMENT

or in response to community emergencies;

(9) Accept notices issued and served by the

REGULATORY AUTHORITY according to LAW;

(10) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in

LAW for failure to comply with this chapter or a directive of the REGULATORY AUTHORITY,

including time frames for corrective actions specified in inspection reports, notices,

orders, warnings, and other directives; and

(11) Notify customers that the most recent establishment inspection report or summary

provided by the

REGULATORY AUTHORITY is available for review by posting a sign or

placard, or a modified operating permit provided by a

REGULATORY AUTHORITY, in a

location in the

FOOD ESTABLISHMENT that is conspicuous to customers or by another

method acceptable to the

REGULATORY AUTHORITY.

08355 Conditions of retention--Permits not transferable (FDA Food Code 8-304.20).

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 08325(3)

and the change in operation is not

APPROVED.

Subpart D - Inspection and Correction of Violations

08400 Frequency--Establishing inspection interval (FDA Food Code 8-401.10).

(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 08215 and 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

Page 110 Washington State Retail Food Code

not

PACKAGED or pre-PACKAGED FOOD that is not TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

such as carbonated BEVERAGES and snack FOOD such as chips,

nuts, popcorn and pretzels.

(3) The

REGULATORY AUTHORITY shall inspect a TEMPORARY FOOD ESTABLISHMENT during its

PERMIT period, unless the REGULATORY AUTHORITY develops a written RISK-based plan

for exempting certain categories of

TEMPORARY FOOD ESTABLISHMENTS from inspection

that is uniformly applied throughout the jurisdiction.

08405 Frequency--Performance- and risk-based (FDA Food Code 8-401.20).

Within the parameters specified under 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.

08410 Frequency--Competency of inspectors (FDA Food Code 8-402.10).

(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.

08415 Access--Allowed at reasonable times after due notice (FDA Food Code 8-402.11).

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.

08420 Access--Refusal, notification of right to access, and final request for access (FDA Food

Code 8-402.20).

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 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 08350(6).

Part 8: Compliance and Enforcement Page 111

(2) Make a final request for access.

08425 Access--Refusal, reporting (FDA Food Code 8-402.30).

If after the

REGULATORY AUTHORITY presents credentials and provides notice as specified under

08415, explains the authority upon which access is requested, and makes a final request for

access as specified under 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.

08430 Report of findings--Documenting information and observations (FDA Food Code

8-403.10).

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 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 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;

(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 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

08215 (4)(f); and

(f) Nonconformance with

CRITICAL LIMITS of a HACCP PLAN.

08435 Report of findings--Specifying time frame for corrections (FDA Food Code 8-403.20).

The

REGULATORY AUTHORITY shall specify on the inspection report form the time frame for

correction of any violations.

08440 Report of findings--Issuing report and obtaining acknowledgment of receipt (FDA Food

Code 8-403.30).

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.

08445 Report of findings--Refusal to sign acknowledgment (FDA Food Code 8-403.40).

The

REGULATORY AUTHORITY shall:

(1) Inform the

PERSON who declines to sign an acknowledgment of receipt of inspectional

findings as specified under 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

Page 112 Washington State Retail Food Code

and conveyed to the

REGULATORY AUTHORITY'S historical record for the FOOD

ESTABLISHMENT

; and

(2) Make a final request that the

PERSON IN CHARGE sign an acknowledgment receipt of

inspectional findings.

08450 Report of findings--Public information (FDA Food Code 8-403.50).

Except as specified under 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.

08455 Imminent health hazard--Ceasing operations and reporting (FDA Food Code 8-404.11).

(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

REGULATORY AUTHORITY is informed upon implementation of the written

emergency operating plan.

08460 Imminent health hazard--Resumption of operations (FDA Food Code 8-404.12).

If operations are discontinued as specified under 08455 or otherwise according to

LAW, the

PERMIT HOLDER shall obtain approval from the REGULATORY AUTHORITY before resuming

operations.

Subpart E - Prevention of Foodborne Disease Transmission by Employees

08500 Investigation and control--Obtaining information--Personal history of illness, medical

examination, and specimen analysis (FDA Food Code 8-501.10).

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.

08505 Investigation and control--Restriction or exclusion of food employee, or summary

suspension of permit (FDA Food Code 8-501.20).

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;

Part 8: Compliance and Enforcement Page 113

(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.

08510 Investigation and control--Restriction or exclusion order: Warning or hearing not

required, information required in order (FDA Food Code 8-501.30).

Based on the findings of the investigation as specified under 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.

08515 Investigation and control--Removal of exclusion or restriction (FDA Food Code

8-501.40).

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 02245, 02250, and 02255.

08520 Investigation and control--Procedure when disease transmission is suspected.

(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.

(2) When the

REGULATORY AUTHORITY suspects that a FOOD ESTABLISHMENT, or its

EMPLOYEES, might be the source of a foodborne illness, the REGULATORY AUTHORITY

shall take appropriate action to control the transmission of disease. This action may

include any or all of the following:

(a) Secure records that might enable identification of

PERSONS potentially exposed to

the disease, or require additional assistance in locating such

PERSONS;

(b) Secure the illness history of each suspected

EMPLOYEE;

(c)

EXCLUDE any suspected EMPLOYEE from working in the FOOD ESTABLISHMENT until,

in the opinion of the

REGULATORY AUTHORITY, there is no further RISK of disease

transmission;

(d) Suspend the

PERMIT of the FOOD ESTABLISHMENT until, in the opinion of the

REGULATORY AUTHORITY, there is no further RISK of disease transmission;

(e)

RESTRICT the work activities of any suspected EMPLOYEE;

(f) Require medical and laboratory examinations of any

FOOD EMPLOYEE and of

his/her body discharges;

(g) Obtain any suspect

FOOD for laboratory examination;

(h) Require the destruction of, or placement of a hold order on, all suspected

FOOD;

and

(i) Limit, substitute, or restrict menu items or

FOOD handling practices that might be

associated with causing illness.

(3) The provisions of chapter 246-100 WAC, Communicable and Certain Other Diseases,

apply.

Page 114 Washington State Retail Food Code

Subpart F - Enforcement

08600 Permits required, suspension, revocation, enforcement.

(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;

PERMIT HOLDER does not comply with these regulations; or

(d) Interference with the

REGULATORY AUTHORITY in the performance of its duties has

occurred.

(3) When the

REGULATORY AUTHORITY has suspended a FOOD ESTABLISHMENT PERMIT, the

PERMIT holder or PERSON IN CHARGE:

(a) Shall be notified in writing by the

REGULATORY AUTHORITY that the FOOD

ESTABLISHMENT

PERMIT is immediately suspended upon service of the notice;

(b) Shall immediately cease all

FOOD service operations until a hearing with the

REGULATORY AUTHORITY finds the operation to be in compliance with the

requirements and regulations;

REGULATORY AUTHORITY within ten days of receipt of the notice of suspension; and

(d) Shall be notified, if a written request for a hearing is not filed within ten days, that

the suspension is sustained.

(4) Any

PERSON whose FOOD ESTABLISHMENT PERMIT has been suspended may at any time

make written application for a reinspection for the purpose of reinstatement of the

PERMIT. The application must include a signed statement explaining how the conditions

causing the suspension of the

PERMIT have been corrected.

(5) Within two working days following receipt of a written request for reinspection, the

REGULATORY AUTHORITY shall make a reinspection, and reinstate the PERMIT if the

PERSON is in compliance with these regulations.

(6) The

REGULATORY AUTHORITY may adopt and use a PERMIT suspension process different

than specified under subsection (2), (3), (4), or (5) of this section.

(7) The

REGULATORY AUTHORITY may revoke a FOOD ESTABLISHMENT PERMIT after providing

the

PERMIT HOLDER an opportunity for hearing if:

(a) Serious and repeated violation(s) of any requirements of these regulations have

occurred; or

(b) Repeated interference with, or assault upon a representative of the

REGULATORY

AUTHORITY

in the performance of his/her duty, has occurred.

(8) Before revocation, the

REGULATORY AUTHORITY shall notify, in writing, the PERMIT

HOLDER

of the specific reason(s) why the PERMIT is to be revoked. The notice must

state:

(a) That the

PERMIT will be revoked at the end of the ten days following the notice

unless a written request for a hearing is filed with the

REGULATORY AUTHORITY by

the

PERMIT HOLDER within such ten-day period; and

(b) If a request for a hearing is not filed by the

PERMIT HOLDER within the ten-day

period, the revocation of the

PERMIT becomes final.

Part 8: Compliance and Enforcement Page 115

(9) Any PERSON whose FOOD ESTABLISHMENT PERMIT has been revoked by the REGULATORY

AUTHORITY

, after a period of six months, may:

(a) Make written application for a new

PERMIT; and

(b) Request a hearing with the

REGULATORY AUTHORITY to determine whether a new

PERMIT will be issued.

(10) The

REGULATORY AUTHORITY may use a PERMIT revocation process different than

specified under subsections (7), (8), and (9) of this section.

(11) The

REGULATORY AUTHORITY may initiate any one, or a combination of, compliance

methods that include, but are not limited to:

(a) Holding an administrative conference with the

FOOD ESTABLISHMENT PERMIT

HOLDER

or PERSON IN CHARGE;

(b) Placing the

FOOD ESTABLISHMENT on probation;

FOOD ESTABLISHMENT, by the

PERMIT HOLDER, during the probation period;

(d) Requiring additional education or training of

EMPLOYEES, management, and

owners of the

FOOD ESTABLISHMENT; and

(e) Completing a

HAZARD evaluation and requiring monitoring procedures be

implemented for

CRITICAL CONTROL POINTS identified.

08605 Service of notice.

(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

address of the

PERMIT HOLDER.

(2) A copy of the notice must be filed in the records of the

REGULATORY AUTHORITY.

08610 Hearings.

(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.

(2) The

REGULATORY AUTHORITY or designee shall:

(a) Make a final finding based upon the complete hearing record;

(b) Sustain, modify, or rescind any notice or order considered in the hearing; and

PERMIT HOLDER.

(3) The

REGULATORY AUTHORITY may adopt and use an alternate hearing process.

Part 9: Alternative Food Facilities Page 117

PART 9: ALTERNATIVE FOOD FACILITIES

Subpart A - Mobile Food Units

09100 Requirements and restrictions--Requirements.

(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

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.

09105 Requirements and restrictions--Restrictions.

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.

09110 Plan approval--Plan review.

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.

09115 Plan approval--Plan contents.

(1) To apply for a

PRIMARY MOBILE PERMIT, the owner of a MOBILE FOOD UNIT shall include in

the plan required by 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 on-board plumbing;

(f) Site used for

SEWAGE disposal;

(g) Availability of restrooms for

EMPLOYEES;

(h) Operating procedures; and

Page 118 Washington State Retail Food Code

(i) Cleaning schedule.

(2) To apply for a

MOBILE SECONDARY PERMIT, the owner of a MOBILE FOOD UNIT shall provide

the following information to the

REGULATORY AUTHORITY issuing the secondary permit:

(a) A copy of the current

MOBILE PRIMARY PERMIT from the original REGULATORY

AUTHORITY

;

(b) A copy of the complete

APPROVED plan review from the original REGULATORY

AUTHORITY

;

MOBILE FOOD UNIT from the original

REGULATORY AUTHORITY that demonstrates compliance with food safety standards;

and

(d) Any

COMMISSARY agreements that the applicant is required to maintain under the

permit from the original

REGULATORY AUTHORITY.

(3) Except as provided in (a) and (b) of this subsection, the

REGULATORY AUTHORITY may

not require an applicant to submit additional documents or inspections to obtain a

MOBILE SECONDARY PERMIT to operate the MOBILE FOOD UNIT.

(a) The

REGULATORY AUTHORITY may require an applicant to submit any restroom

agreements the

REGULATORY AUTHORITY determines are necessary to comply with

this chapter;

(b) The

REGULATORY AUTHORITY may require an applicant to submit additional

COMMISSARY agreements as required by this chapter unless:

(i) A

MOBILE FOOD UNIT is exempt from the use of a COMMISSARY under RCW

43.20.148; or

(ii) A

MOBILE FOOD UNIT returns to its APPROVED COMMISSARY after each day of

service as described in the

APPROVED plan.

(4) A

REGULATORY AUTHORITY granting a MOBILE SECONDARY PERMIT may charge the

applicant an annual

PERMIT fee, but may not charge a plan review or inspection fee.

09120 Additional requirements--Standard operating procedures.

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 pre-PACKAGED 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) Pre-

PACKAGED 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.

09125 Time/temperature control for safety food--Temperature control.

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

Part 9: Alternative Food Facilities Page 119

(4) Held in preheated mechanical hot holding EQUIPMENT or prechilled mechanical cold

holding

EQUIPMENT, or otherwise temperature controlled by an APPROVED method.

09126 Commissary usage.

(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;

(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.

Page 120 Washington State Retail Food Code

09127 Commissary exemption.

(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

REGULATORY AUTHORITY must approve a request for a MOBILE FOOD UNIT to be exempt

from this chapter or

REGULATORY AUTHORITY requirements to operate from an APPROVED

COMMISSARY

or SERVICING AREA if:

(a) The

MOBILE FOOD UNIT contains all EQUIPMENT and UTENSILS needed for complete

onboard preparation of an

APPROVED menu;

(b) The

MOBILE FOOD UNIT is protected from environmental contamination when not in

use;

MOBILE FOOD UNIT can maintain required food storage temperatures during

storage, preparation, service, and transit;

(d) The

MOBILE FOOD UNIT has a dedicated HANDWASHING SINK To allow frequent

handwashing at all times;

(e) The

MOBILE FOOD UNIT has adequate water capacity and WAREWASHING facilities to

clean all multiuse utensils used on the

MOBILE FOOD UNIT at a frequency specified

in this chapter;

(f) The

MOBILE FOOD UNIT Is able to store tools onboard needed for cleaning and

SANITIZING;

(g) All

FOOD, water, and ice used on the MOBILE FOOD UNIT are prepared onboard or

otherwise obtained from

APPROVED sources;

(h) Wastewater and garbage will be sanitarily removed from the

MOBILE FOOD UNIT

following an

APPROVED written plan or by a licensed service provider; and

(i) The

LOCAL HEALTH OFFICER approves the menu and plan of operations for the

MOBILE FOOD UNIT.

09135 Water and wastewater--Water system.

The

PERSON IN CHARGE shall ensure that the water system on the MOBILE FOOD UNIT:

(1) Is supplied from an

APPROVED source of water;

(2) Is designed and constructed in an

APPROVED manner;

(3) Is filled from the

APPROVED water source through a FOOD-grade hose;

(4) Is refilled as frequently as necessary to furnish enough hot and cold water for

handwashing,

FOOD preparation, UTENSIL cleaning, SANITIZING, and facility cleaning, on

the

MOBILE FOOD UNIT;

(5) Has a water supply tank with a minimum capacity of five gallons for handwashing;

(6) Stores liquid waste in a wastewater retention tank with at least fifteen percent more

capacity than the water supply tank; and

(7) Retains wastewater on the

MOBILE FOOD UNIT until disposed of by an APPROVED method.

09140 Handwashing--Handwashing facilities.

The

PERSON IN CHARGE of a MOBILE FOOD UNIT shall ensure that a separate HANDWASHING SINK

for

EMPLOYEES is accessible at all times of operation; allows convenient use by EMPLOYEES; is

located within 25 feet of

FOOD preparation, FOOD dispensing, and WAREWASHING areas; is

installed as specified under 05210; and includes soap and paper towels.

Part 9: Alternative Food Facilities Page 121

09145 Handwashing--Handwashing waiver.

When only pre-

PACKAGED FOOD items are served, the REGULATORY AUTHORITY may waive or

modify requirements for handwashing on the

MOBILE FOOD UNIT.

09150 Employee restrooms--Toilet facilities.

The

PERMIT HOLDER shall ensure APPROVED toilet facilities are available for EMPLOYEES:

(1) Readily accessible within 500 feet of the

MOBILE FOOD UNIT during times of operation, if

at any one location for more than one hour; and

(2) Provided with handwashing facilities that meet the requirements specified under

05210.

09155 Sink compartment requirements--Warewashing facilities.

The

PERMIT HOLDER shall ensure:

(1) A three-compartment sink is available on the

MOBILE FOOD UNIT with potable hot and

cold running water to wash, rinse, and

SANITIZE UTENSILS when UTENSILS are reused on

the

MOBILE FOOD UNIT.

(2) The

REGULATORY AUTHORITY may waive or modify this requirement in subsection (1) of

this section when a

MOBILE FOOD UNIT demonstrates the operation:

(a) Includes limited

FOOD preparation; and

(b) Has additional clean

UTENSILS available and UTENSIL washing takes place at an

APPROVED COMMISSARY or SERVICING AREA.

09160 Required postings--Business name and operating locations.

The

PERMIT HOLDER shall:

(1) Provide the

REGULATORY AUTHORITY a designated business name and permanently display

the business name on the exterior of the

MOBILE FOOD UNIT in printed letters at least four

inches in height in a manner easily visible during operation; and

(2) Inform the

REGULATORY AUTHORITY of the days, hours and locations intended to vend in a

manner acceptable to the

REGULATORY AUTHORITY, such as by telephone, electronic mail,

written correspondence or social media link.

09165 Required postings--Permit.

The

PERMIT HOLDER shall ensure the original or a copy of the currently valid FOOD

ESTABLISHMENT

PERMIT is posted on the MOBILE FOOD UNIT in a manner easily visible to

customers during operation.

09170 Food and equipment protection--Overhead protection.

The

PERMIT HOLDER and PERSON IN CHARGE shall ensure overhead protection is provided at the

site of operation of the

MOBILE FOOD UNIT for all FOOD handling activities.

09175 Food and equipment protection--Food and food service supplies.

The

PERMIT HOLDER and PERSON IN CHARGE shall ensure that all FOOD, EQUIPMENT, UTENSILS,

and other

FOOD service supplies are contained on the MOBILE FOOD UNIT, at the APPROVED

COMMISSARY, at the APPROVED SERVICING AREA, or as otherwise APPROVED in the plan of

operation.

Subpart B - Temporary Food Establishments

09200 Requirements and restrictions.

(1) The

PERMIT HOLDER and PERSON IN CHARGE of a TEMPORARY FOOD ESTABLISHMENT shall

comply with the requirements of this chapter, except as otherwise provided in this

subpart.

(2) The

REGULATORY AUTHORITY may impose additional requirements to protect against

health hazards related to the operation of the

TEMPORARY FOOD ESTABLISHMENT and

may:

Page 122 Washington State Retail Food Code

(a) Limit the FOOD preparation steps;

(b) Prohibit some menu items; and

EQUIPMENT are inadequate to

protect public health.

(3) The owner of a

TEMPORARY FOOD ESTABLISHMENT shall:

(a) Apply to the

REGULATORY AUTHORITY for a PERMIT to operate the TEMPORARY FOOD

ESTABLISHMENT

at least fourteen calendar days before intending to provide FOOD

service, or as otherwise required by the

REGULATORY AUTHORITY;

(b) Allow only

EMPLOYEES and other PERSONS authorized by the REGULATORY

AUTHORITY

to be present in the TEMPORARY FOOD ESTABLISHMENT; and

PERSON IN CHARGE of the TEMPORARY FOOD ESTABLISHMENT to obtain a

valid

FOOD WORKER CARD before beginning work.

09205 Food and equipment protection--Standard operating procedures.

The

PERSON IN CHARGE of a TEMPORARY FOOD ESTABLISHMENT shall ensure:

(1) Adequate facilities are provided at the

TEMPORARY FOOD ESTABLISHMENTS for all

necessary

FOOD preparation steps;

(2) All

FOODS, including ice, are from an APPROVED source;

(3) All off-site

FOOD preparation is done in an APPROVED FOOD ESTABLISHMENT;

(4) All storage of

FOOD and EQUIPMENT is done at APPROVED locations;

(5)

FOOD is transported and stored in properly designed FOOD-grade containers;

(6)

FOOD is protected from potential contamination during transport;

(7) Only

SINGLE-SERVICE ARTICLES are provided for use by CONSUMERS, unless otherwise

APPROVED by the REGULATORY AUTHORITY; and

(8) Condiments not in individual packages are provided in dispenser bottles or in other

containers protected from contamination.

09210 Time/temperature control for safety food--Temperature control.

The

PERSON IN CHARGE of a TEMPORARY FOOD ESTABLISHMENT shall ensure that

TIME/TEMPERATURE CONTROL FOR SAFETY FOODS are:

(1) Not cooled in a

TEMPORARY FOOD ESTABLISHMENT;

(2) Properly temperature-controlled during transport to the temporary event location;

(3) Temperature-monitored by use of a stem-type thermometer or thermocouple capable

of measuring all proper food temperatures;

(4) Reheated, for hot holding, from 41°F (5°C) to 165°F (74°C) or above within one hour

when cooked and cooled in an

APPROVED FOOD ESTABLISHMENT;

(5) Reheated, for hot holding, from 41°F (5°C) to 135°F (60°C) or above within one hour

when produced in a food processing plant;

(6) Reheated no more than one time; and

(7) Held in preheated mechanical hot holding

EQUIPMENT or prechilled mechanical cold

holding

EQUIPMENT, or otherwise temperature controlled by an APPROVED method.

09215 Thawing thickness--Thawing time/temperature control for safety foods.

The

PERSON IN CHARGE of a TEMPORARY FOOD ESTABLISHMENT shall ensure TIME/TEMPERATURE

CONTROL FOR SAFETY FOODS

that are thawed as part of a continuous cooking process are not

greater than four inches thick.

Part 9: Alternative Food Facilities Page 123

09220 Public access--Separation barrier.

The

PERSON IN CHARGE of a TEMPORARY FOOD ESTABLISHMENT shall ensure a separation barrier

or other effective method is used to protect

FOOD preparation area and cooking areas from

public access.

09225 Handwashing and wastewater--Facilities.

The

PERMIT HOLDER of a TEMPORARY FOOD ESTABLISHMENT shall ensure APPROVED

handwashing facilities allow convenient use by

EMPLOYEES; are located within 25 feet of FOOD

preparation,

FOOD dispensing, and WAREWASHING areas; and include:

(1) Potable, warm, running water;

(2) Soap and paper towels;

(3) A five-gallon or larger insulated container kept supplied with warm water for

handwashing delivered through a continuous-flow spigot, if permanent plumbing is not

available; and

(4) A wastewater retention tank sufficient in size to hold all wastewater generated by the

TEMPORARY FOOD ESTABLISHMENT until emptied in an APPROVED manner, if a public

SEWAGE system hookup is not available.

09230 Employee restrooms--Toilet facilities.

The

PERMIT HOLDER of a TEMPORARY FOOD ESTABLISHMENT shall ensure APPROVED toilet

facilities are available for

EMPLOYEES and are:

(1) Readily accessible during all times of operation; and

(2) Provided with handwashing facilities with potable, warm, running water.

09235 Sink compartment requirements--Warewashing facilities.

The

PERMIT HOLDER of a TEMPORARY FOOD ESTABLISHMENT shall ensure access within 200 feet

to a three-compartment sink with

APPROVED drain boards and an adequate supply of hot and

cold running water to wash, rinse, and

SANITIZE UTENSILS when:

(1)

EQUIPMENT or UTENSILS are reused on-site; or

(2) The

TEMPORARY FOOD ESTABLISHMENT operates for two or more consecutive days;

except

(3) The

REGULATORY AUTHORITY may approve an alternative UTENSIL cleaning method

when three-compartment sinks with drain boards are not available and a health

HAZARD

cannot result.

09240 Sink compartment requirements--Food preparation sink.

The

PERMIT HOLDER and PERSON IN CHARGE shall ensure a separate FOOD preparation sink is

available at the

TEMPORARY FOOD ESTABLISHMENT that is supplied with potable running water,

drained to an

APPROVED wastewater system through an indirect connection, if produce needs

to be washed on-site. Alternative produce washing facilities may be used if

APPROVED.

Subpart C - Bed and Breakfast Operations

09300 Residential kitchen--Requirements and restrictions.

(1) The

PERMIT HOLDER and PERSON IN CHARGE of a BED AND BREAKFAST OPERATION shall

comply with the requirements of this chapter, except as otherwise provided in this

subpart.

(2) The

REGULATORY AUTHORITY may impose additional requirements to protect against

health hazards related to the

FOOD service portion of a BED AND BREAKFAST OPERATION.

Page 124 Washington State Retail Food Code

(3) FOOD may be handled in the residential kitchen of a BED AND BREAKFAST OPERATION

without meeting the provisions of 246-215-02315, 246-215-04212, 246-215-04214,

246-215-04216, 246-215-04224, 246-215-04228, 246-215-04236, 246-215-04250,

246-215-04254, 246-215-04260, 246-215-04264, 246-215-04315, 246-215-04340,

246-215-04345, 246-215-04405, 246-215-04410, 246-215-04500(1), 246-215-04510,

246-215-04525, 246-215-04545, 246-215-04555, 246-215-04560, 246-215-04575,

246-215-04610, 246-215-04710, 246-215-04940, and 246-215-05240; Part 4, Subpart

H; Part 5, Subpart E; Part 6 and Part 7, if:

(a) The number of guest bedrooms does not exceed eight;

(b)

FOOD service is limited to overnight guests;

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD may be prepared and served at any

time of day;

(d)

TIME/TEMPERATURE CONTROL FOR SAFETY FOODS are prepared for IMMEDIATE

SERVICE

only; and

(e)

TIME/TEMPERATURE CONTROL FOR SAFETY FOODS are not cooled for later reheating.

(4) If

FOOD service is provided in a BED AND BREAKFAST OPERATION other than under the

conditions of subsection (3) of this section, all

FOODS must be prepared in an APPROVED

nonresidential kitchen meeting the requirements of this chapter.

09305 Food protection--Standard operating procedures.

The

PERSON IN CHARGE of a BED AND BREAKFAST OPERATION shall ensure:

(1)

FOOD supplies for personal use are separated from FOOD supplies intended for guest

use;

(2)

FOOD-CONTACT SURFACES are thoroughly cleaned before each use;

(3) A

HANDWASHING SINK is available for use by EMPLOYEES during all times FOOD is

prepared for

BED AND BREAKFAST OPERATION guests and is located within 25 feet of

FOOD preparation, FOOD dispensing, and WAREWASHING areas;

(4) Each

HANDWASHING SINK is provided with a supply of hand soap and SINGLE-USE towels

or other

APPROVED hand-drying device;

(5)

REFUSE, recyclables, and returnables are stored in a manner that does not create a

public health

HAZARD or nuisance;

(6) The

PREMISES are maintained to control insects, rodents, and other pests;

(7) Children under age ten and animals are kept out of

FOOD preparation areas during all

times

FOOD is prepared for BED AND BREAKFAST guests; and

(8) Toxic chemicals are stored in accurately labeled containers away from all

FOODS and

FOOD service supplies.

09310 Sinks--Sink compartment requirements.

The kitchen of a

BED AND BREAKFAST OPERATION must have at least the following facilities for

cleaning and

SANITIZING FOOD contact UTENSILS and EQUIPMENT and to allow handwashing in a

separate sink basin from one used for

FOOD preparation:

(1) A three-compartment sink; or

(2) Two-sink basins plus a home-style dishwasher with a

SANITIZING cycle providing 155°F

(68°C) or hotter water.

Subpart D - Donated Food Distributing Organizations

09400 Requirements and exemptions.

(1) The

PERSON IN CHARGE of a DONATED FOOD DISTRIBUTING ORGANIZATION shall comply

with the requirements of this chapter, except as otherwise provided in this section.

Part 9: Alternative Food Facilities Page 125

(2) A DONATED FOOD DISTRIBUTING ORGANIZATION is exempt from the provisions of 08600

and Part 8, Subpart C of this chapter, regarding operating with a valid

FOOD

ESTABLISHMENT

PERMIT.

(3) The

PERSON IN CHARGE of a DONATED FOOD DISTRIBUTING ORGANIZATION shall notify the

REGULATORY AUTHORITY in writing or by another APPROVED manner:

(a) Initially regarding the nature of its

FOOD service activities, including information

specified in 08325; and

(i) A valid 501(c) IRS determination letter; or

(ii) A letter of sponsorship from a 501(c) organization with a copy of its current

501(c) IRS determination letter.

(b) Annually of the nature of its

FOOD service activities, including types of FOOD

served and distributed; and

in its

FOOD service activities.

(4) A

DONATED FOOD DISTRIBUTING ORGANIZATION is exempt from meeting the provisions of

246-215-02315, 246-215-03610, 246-215-04212, 246-215-04214, 246-215-04216,

246-215-04224, 246-215-04228, 246-215-04236, 246-215-04250, 246-215-04254,

246-215-04260, 246-215-04264, 246-215-04315, 246-215-04340, 246-215-04345,

246-215-04405, 246-215-04410, 246-215-04500(1), 246-215-04510, 246-215-04525,

246-215-04545, 246-215-04555, 246-215-04560, 246-215-04575, 246-215-04610,

246-215-04710, 246-215-04940, and 246-215-05240, Part 4, Subpart H; Part 5,

Subpart E; and Part 6, of this chapter, except as otherwise provided in this subpart.

(5) The

REGULATORY AUTHORITY may impose additional requirements to protect against

health hazards related to the operation of a

DONATED FOOD DISTRIBUTING ORGANIZATION

and may:

(a) Limit the

FOOD preparation steps;

(b) Prohibit some menu items; and

EQUIPMENT are inadequate to

protect public health.

09405 Standard operating procedures--Food protection.

The

PERSON IN CHARGE of a DONATED FOOD DISTRIBUTING ORGANIZATION shall ensure:

(1)

REFUSE, recyclables, and returnables are stored in a manner that does not create a

public health

HAZARD or nuisance;

(2) The

PREMISES are maintained to control insects, rodents, and other pests;

(3) Children under age ten and animals are kept out of

FOOD preparation areas during the

preparation of

FOODS;

(4) Toxic chemicals are stored in accurately labeled containers away from all

FOODS and

FOOD service supplies; and

(5)

EQUIPMENT and FOOD CONTACT SURFACES are maintained in good repair and condition.

09406 Standard operating procedures--Food handling.

The

PERSON IN CHARGE of a DONATED FOOD DISTRIBUTING ORGANIZATION shall ensure:

(1) Compliance with the food safety requirements outlined in Part 3 of this chapter;

(2)

FOOD CONTACT SURFACES are thoroughly cleaned and SANITIZED before each use;

(3) Cooled

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD received from a DONOR KITCHEN

is reheated to at least 165°F (74°C) within two hours;

(4) Cooled

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD rescued from a FOOD

ESTABLISHMENT

is reheated to at least 165°F (74°C) within two hours; and

(5) MEAT received from licensed hunters is cooked to at least 165°F (74°C).

Page 126 Washington State Retail Food Code

09407 Standard operating procedures—Transportation.

The

PERSON IN CHARGE of a DONATED FOOD DISTRIBUTING ORGANIZATION shall ensure:

(1) Vehicles owned and operated by the

DONATED FOOD DISTRIBUTING ORGANIZATION for

transporting

FOOD are cleaned at a frequency necessary to prevent accumulation of soil

residues. The interior of the vehicle where food containers are stored must be clean

and free of insects, dirt, animals, leakage, and other potential contaminants;

(2)

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD is maintained hot or cold during transport

using

EQUIPMENT that is not packed beyond capacity to maintain cold FOODS at 41°F

(5°C) or below and hot

FOODS at 135°F (57°C) or above; and

(3)

FOOD is handled and transported in separate containers as needed to prevent potential

cross contamination.

09410 Sinks--Sink compartment requirements.

The

DONATED FOOD DISTRIBUTING ORGANIZATION shall have at least the following facilities:

(1) A

HANDWASHING SINK accessible and convenient for use by EMPLOYEES during all times

FOOD preparation and service of unwrapped FOODS.

(2) Each sink used for handwashing is provided with a supply of hand soap and

SINGLE-USE towels or other APPROVED hand-drying device.

(3) A

HANDWASHING SINK must be provided in the restroom and food preparation areas. A

HANDWASHING SINK in a toilet room is not a replacement for HANDWASHING SINKS in food

preparation areas.

(4) If un

PACKAGED FOOD is handled on-site, the DONATED FOOD DISTRIBUTING ORGANIZATION

shall have at least the following facilities available for cleaning of

FOOD-contact

UTENSILS and EQUIPMENT:

(a) A three-compartment sink;

(b) A two-compartment sink as specified in 04305 (4) and (5);

SANITIZING cycle

providing 155°F (68°C) or hotter water; or

(d) As otherwise

APPROVED.

(5) If produce is washed on-site, the

DONATED FOOD DISTRIBUTING ORGANIZATION must either

have:

(a) A separate

FOOD preparation sink as specified in 04325; or

(b) An

APPROVED alternative produce washing procedure (e.g., the use of a colander)

that ensures produce is not directly placed in

WAREWASHING or HANDWASHING

SINKS

09415 Food sources--Donated foods.

The

PERSON IN CHARGE of a DONATED FOOD DISTRIBUTING ORGANIZATION may receive FOODS for

charitable purposes that include:

(1)

APPROVED SOURCES as listed in Part 3, Subpart B of this chapter;

(2)

FOOD from a FOOD ESTABLISHMENT or FOOD PROCESSING PLANT;

(3) Previously served

FOODS from a FOOD ESTABLISHMENT operating under a plan

APPROVED by the REGULATORY AUTHORITY;

(4)

FOOD from a DONOR KITCHEN that is:

(a) Properly stored and handled to prevent contamination;

(b) Prepared on-site at the

DONOR KITCHEN and not in a residential kitchen in a private

home; and

(5)

FOOD from a residential kitchen in a private home that is properly stored and handled to

prevent contamination:

Part 9: Alternative Food Facilities Page 127

(a) NonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD, NONREADY-TO-EAT FOOD;

(b) Non

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD and READY-TO-EAT FOODS in an

intact commercial package; or

PACKAGED frozen FOOD.

(6) Non

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD baked goods from a residential

kitchen in a private home that is properly prepared to prevent contamination.

(7) Muscle

MEAT of a wild GAME ANIMAL:

(a) Received from a

LAW enforcement officer certified by a jurisdiction in the state of

Washington or from a hunter licensed by the Washington State Department of

Fish and Wildlife;

(b) Field dressed to remove the viscera with or without skin present;

(i) The name and address of the person who harvested the game;

(ii) The license, permit or tag number and kind of animal provided;

(iii) The date killed, the county and area where the animal was taken; and

(iv) The hunter's signature as required by WAC 220-200-120.

(d) Stored and handled to prevent temperature abuse and contamination during

transport to the processing facility;

(e) Processed by an

APPROVED MEAT cutter; and

(f) Labeled "Uninspected wild game meat, thoroughly cook to 165°F (74°C)

internal temperature";

(8) Muscle

MEAT of a domesticated livestock animal;

(a) Slaughtered in a

USDA-inspected slaughter facility;

(b) Stored and handled to prevent temperature abuse and contamination during

transport between slaughter and processing facilities;

FOOD ESTABLISHMENT permitted by the REGULATORY AUTHORITY;

and

(d) Labeled "This product was prepared from inspected and passed meat. Some

food products may contain bacteria that could cause illness if the product is

mishandled or cooked improperly";

(9) Fresh

FISH:

(a) Received from a recreational or commercial fisher licensed by the Washington

State Department of Fish and Wildlife;

(b) Received whole or minimally processed to remove the head, viscera or head and

viscera; and

transport.

(10) Non

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, nonREADY-TO-EAT FOODS handled,

stored, or prepared in a residential kitchen in a private home.

(11) Baked goods that are not

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD handled,

stored, or prepared in a residential kitchen in a private home;

(12) Non

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, READY-TO-EAT FOODS in an intact

commercial package stored in a residential kitchen in a private home; and

(13) Commercially

PACKAGED frozen FOOD.

09420 Receiving food--Food condition.

The

PERSON IN CHARGE of a DONATED FOOD DISTRIBUTING ORGANIZATION shall ensure that FOODS

are inspected upon receipt and information is obtained from

DONORS in order to determine

that:

(1)

FOODS are safe and not ADULTERATED;

Page 128 Washington State Retail Food Code

(2) FOODS rescued from a FOOD ESTABLISHMENT that have not been previously served to a

PERSON, unless as specified in 09415;

(3)

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD meets the temperature specifications in

03235;

(4)

FOODS have been protected from contamination during handling and storage by intact

original commercial packaging or sanitary

FOOD-grade containers;

(5)

FOODS have been handled and transported in separate containers as needed to

prevent potential cross contamination between

READY-TO-EAT FOODS and FOODS that

are not

READY-TO-EAT FOODS; and

(6)

FOODS were transported in the interior of a vehicle that is clean and free of insects, dirt,

animals, leakage, and other potential contaminants.

09425 Prohibited food--Restrictions.

The

PERSON IN CHARGE of a DONATED FOOD DISTRIBUTING ORGANIZATION may not accept, serve

or distribute:

(1) Home-canned

FOODS;

(2)

FOOD from a residential kitchen in a private home, other than those specified in 09415;

(3)

FOOD from a donor kitchen prepared using specialized processing methods as

described in 03535;

(4) Canned

FOODS in containers that are rusty or severely damaged;

(5) Distressed

FOODS (such as from a fire, flood, or prolonged storage) unless the FOODS

have been evaluated and

APPROVED for charitable distribution;

(6) Infant formula that is past the original expiration date set by the processor; or

(7) Raw, unpasteurized milk.

09430 Food labels--Alternative labeling.

FOOD that is rePACKAGED at the DONATED FOOD DISTRIBUTING ORGANIZATION may be distributed

without complete label information on each individual container, provided that:

(1) Each container is labeled with the common name of the

FOOD;

(2) The name and place of business of the manufacturer, packer, or distributor; and

(3) The complete label information, according to the provisions of chapter 69.04 RCW,

including complete ingredient and allergen disclosure information, is on the master

carton or is posted in plain view on a card, sign, or other method of notice at the point of

distribution to the

CONSUMER.

09435 Record keeping--Receiving record.

The

PERSON IN CHARGE of a DONATED FOOD DISTRIBUTING ORGANIZATION receiving

TIME/TEMPERATURE CONTROL FOR SAFETY FOODs or nonTIME/TEMPERATURE CONTROL FOR SAFETY

FOODS

, READY-TO-EAT FOODS not prePACKAGED in a FOOD PROCESSING PLANT shall keep records

for ninety days documenting the source, quantity, type, and receiving date of the

FOODS.

Subpart E - Preschools

09500 Requirements and exemptions.

(1) The

PERMIT HOLDER and PERSON IN CHARGE of a PRESCHOOL shall comply with the

requirements of this chapter, except as otherwise provided in this section. If the

PERMIT

HOLDER

does not meet the requirements under subsection (2) of this section, the

PERMIT HOLDER shall comply with all requirements of this chapter.

Part 9: Alternative Food Facilities Page 129

(2) A PRESCHOOL is exempt from meeting the provisions of 246-215-02315,

246-215-03610, 246-215-04212, 246-215-04214, 246-215-04216, 246-215-04224,

246-215-04228, 246-215-04250, 246-215-04254, 246-215-04260, 246-215-04264,

246-215-04410, 246-215-04500(1), 246-215-04525, 246-215-04545, 246-215-04555,

246-215-04560, 246-215-04610(2), 246-215-04710, 246-215-05240, 246-215-06100,

246-215-06200, 246-215-06290, and 246-215-06355 if:

(a)

FOOD service is limited to enrolled children, staff, and volunteers at the

PRESCHOOL;

(b)

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD is prepared for IMMEDIATE SERVICE;

and

(c)

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD is cooked, reheated, or hot held

and not cooled for future service.

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD

must be either served hot or discarded each day.

(3) The

REGULATORY AUTHORITY may impose additional requirements to protect against

health hazards related to the operation of the

PRESCHOOL and may:

(a) Limit the

FOOD preparation steps;

(b) Prohibit some menu items; and

EQUIPMENT are inadequate to

protect public health.

09505 Standard operating procedures.

The

PERSON IN CHARGE of the PRESCHOOL shall ensure:

(1)

EQUIPMENT for cold holding, heating and hot holding FOODS are sufficient in number and

capacity to provide

FOOD temperatures specified in Part 3 of this chapter. Residential

models of such

EQUIPMENT may be used if they are EASILY CLEANABLE and in good

repair;

(2)

FOOD-CONTACT SURFACES are thoroughly cleaned and SANITIZED before each use;

(3) A

HANDWASHING SINK is accessible for use by EMPLOYEES during all times of FOOD

preparation and service of unwrapped

FOODS and is located within 25 feet of FOOD

preparation,

FOOD dispensing, and WAREWASHING areas;

(4) Each

HANDWASHING SINK is provided with a supply of hand soap and SINGLE-USE towels

or other

APPROVED hand-drying device;

(5)

REFUSE and recyclables are stored in a manner that does not create a public health

HAZARD or nuisance;

(6) The

PREMISES must be maintained free of infestations of insects, rodents, and other

pests such that there is not a breeding population of pests in the facility; and

(7) Toxic chemicals are stored in accurately labeled containers away from all

FOODS and

FOOD service supplies.

09510 Sink compartment requirements.

(1) At a minimum, a

PRESCHOOL must have manual WAREWASHING sinks as specified under

04305.

(2) One of the

WAREWASHING sinks may also be used as a HANDWASHING SINK, provided

food preparation and

WAREWASHING occur at separate times.

09515 Food preparation sink.

If produce is washed on-site, the

PRESCHOOL must either have:

(1) A separate FOOD preparation sink as specified under 04325; or

(2) A pre-

APPROVED alternate produce washing procedure (e.g., the use of a colander) that

ensures produce is not directly placed in

WAREWASHING or HANDWASHING SINKS.

Part 10: Severability Page 131

PART 10: SEVERABILITY

10000 Severability.

If any provision of this chapter or its application to any

PERSON or circumstance is held

invalid, the remainder of this chapter, or the application of the provision to other

PERSONS

or circumstances is not affected.

Index Page 133

INDEX

Access

right to inspection (08420) ......................................... 110

Accuracy

of information given on application (08325) .............. 107

pressure measuring devices, warewashing (04224) ..... 60

temperature measuring devices, ambient (04222) ...... 60

thermometer, food (04220) ......................................... 60

thermometers, calibrated (04580) ............................... 71

Active Managerial Control

definition ........................................................................ 1

duties (02110) .............................................................. 18

Additives

definition ........................................................................ 1

hand antiseptics as (02320) .......................................... 23

labeling requirement, packaged food (03610) ............. 52

may not misrepresent food (03605) ............................. 52

preservation, variance required (03535) ...................... 49

protection from unapproved (03315) .......................... 35

unapproved in food upon receipt (03240) ................... 30

Adulterated

definition ........................................................................ 1

food shall be unadulterated (03100) ............................ 27

packaging to prevent (03255) ...................................... 30

Allergens

definition of major food allergen ................................... 8

demonstration of knowledge by PIC (02105) ............... 17

employees trained in allergy awareness (02115) ......... 19

on packaged food labels (03610) ................................. 52

repackaged donated foods (09430) ........................... 128

Animal foods .......... See also Fish, Game Animals, or Meat

cleaning contact surfaces (04605) ................................ 71

consumer advisory (03620) .......................................... 53

consumer self service (03369) ...................................... 40

cooking temperatures (03400) ..................................... 41

microwave cooking (03405) ......................................... 42

noncontinuous cooking (03415) ................................... 43

preventing cross contamination from (03306) ............. 34

prohibitions, HSP (03800) ............................................. 55

raw or undercooked (03400) ........................................ 42

thawing (03510) ........................................................... 45

using cloth gloves (04805) ............................................ 75

Animals, live

food employee handling and exception (02415) .......... 25

preventing entry (pests) (06260) .................................. 91

prohibited in bed and breakfast kitchens (09305) ..... 124

prohibitions and exceptions (06570) ............................ 96

service animals

areas prohibiting animals (06570) ........................... 96

belonging to food worker (02415) ........................... 25

definition .................................................................. 13

handwashing after handling (02310) ....................... 23

Artificial color or flavor................................. See Additives

Asian Rice-based Noodles

definition ........................................................................ 1

freshly-made, receiving (03235) ................................... 29

Backflow prevention

air gap (05215) ............................................................. 80

carbonator (05250) ...................................................... 82

copper and carbonator (04115) ................................... 57

demonstration of knowledge (02105) ......................... 18

design standard (05220) .............................................. 81

food equipment (05410) .............................................. 85

indirect drain (05410) .................................................. 85

location for service and maintenance (05260) ............ 82

required (05245) .......................................................... 81

scheduled for inspection (05280) ................................ 82

using pumps and hoses (05355) .................................. 84

warewashing machine (05410) .................................... 85

Bare hand contact

allowance criteria (03300) ........................................... 33

demonstration of knowledge (02105) ......................... 17

hand antiseptics (02320) ............................................. 24

PIC duties (02115) ........................................................ 19

preventing contamination (03300) .............................. 33

prohibited, HSP facilities (03800) ................................. 56

prohibited, ROP (03540) .............................................. 50

reinstating allowance (03300) ..................................... 33

while washing produce (03300) ................................... 33

with non-RTE food (03300) .......................................... 33

Bed and breakfast

definition ....................................................................... 2

exemption ...................................................................... 7

residential kitchen (09300) ........................................ 123

rules relating to .......................................................... 123

Beef

cooking temperatures (03400) .................................... 41

equipment cleaning frequency (04605) ....................... 71

primal cut

definition ................................................................. 11

rare or raw service, consumer advisory (03620) .......... 53

raw, separation for cross contamination (03306) ........ 34

reheating for immediate service (03435) .................... 44

restriction from consumer self-service (03369) ........... 40

roast, hot holding temperature (03525) ...................... 47

sanitizer, separate required for raw (03339) ............... 37

whole-muscle, intact

label requirement (03200) ...................................... 27

surface cooking temperature (03400(3)) ................ 42

Beverage

definition ....................................................................... 2

refilling

returnables (03348) ................................................. 38

second portions (03345) .......................................... 37

tubing separated from stored ice (04236) ................... 61

Bottled drinking water

alternate drinking supply (05150) ................................ 80

approved source (05110) ............................................. 79

definition ....................................................................... 2

Buffets

consumer self-service for Mongolian grills (03369) ..... 40

lighting requirement (06340) ....................................... 93

monitoring by food employees (03369) ...................... 40

Page 134 Washington State Retail Food Code

not reservice – See definition 105 ................................ 12

PIC duties (02115) ........................................................ 19

required utensils (04330) ............................................. 66

Bulk foods

container access height (03369) ................................... 40

display, protection (03363) .......................................... 39

labeling requirements and exceptions (03610) ............ 53

Calibration

pressure measuring devices (04580) ............................ 71

thermometers (04580) ................................................. 71

Can openers

cleaning and replacement (04212) ............................... 59

good repair (04500) ...................................................... 68

on vending machines (04242) ...................................... 62

Capacities

equipment specifications required, plans (08205) ..... 104

handwashing sinks, required number (05230) ............. 81

hot water, must meet peak demands (05135) ............. 79

mobile unit

handwashing and wastewater tank (09135) .......... 120

sewage tank (05400) ................................................ 85

refuse receptacles (05530) ........................................... 86

storage rooms (05530) ................................................. 86

sufficient for proper food temperatures (04300) ......... 65

temporary handwashing (09225) ............................... 123

ventilation

hood systems (04315) .............................................. 65

mechanical (06345) .................................................. 93

water source and systems (05135) ............................... 79

Cast iron

use limitation (04100) .................................................. 57

Ceasing operations

due to illness outbreak (08505) .................................. 113

due to imminent health hazard (08455) .................... 112

order of regulatory authority (08600) ........................ 114

Certification number

definition ........................................................................ 2

receiving shellstock, tag requirements (03270) ........... 31

receiving shucked shellfish, identification (03265) ...... 30

shellfish identification (03270) ..................................... 31

storage of shellfish, original containers (03285) .......... 32

Certified Food Protection Manager

definition ........................................................................ 2

duties (02110) .............................................................. 18

exempted establishments (02107) ............................... 18

replacing, 60-day grace period (02107) ........................ 18

required (02107) .......................................................... 18

Change of ownership

renewing or issuing new permit (08335) .................... 108

Chemical test strips for sanitizers

provided (04345) .......................................................... 66

used (04575) ................................................................. 71

Chemicals

allowed in food establishment (07205) ........................ 99

drying agents criteria (07235) .................................... 100

medications (07260) ................................................... 101

pesticides (07245) ...................................................... 101

retail sale (07205) ......................................................... 99

sanitizers (07220) ....................................................... 100

storage and display, separation required (07300)...... 102

storage, bed and breakfast (09305) ........................... 124

storage, DFDO (09405) .............................................. 125

storage, preschools (09505) ...................................... 129

using (07210) ............................................................... 99

washing produce (07225) .......................................... 100

working containers, labeling (07105) ........................... 99

Children

children's menu restriction (03400) ............................. 42

medicines in childcare (07265) .................................. 101

prohibition in B&B kitchens (09305) .......................... 124

prohibition in DFDO (09405) ...................................... 125

unpasteurized juice restriction (03800) ....................... 55

unpasteurized juice warning (03445) .......................... 45

Chlorine, chemical sanitization

concentration (04565) ................................................. 70

contact time (04710) ................................................... 75

Clean in place (CIP)

definition ....................................................................... 2

equipment characteristics (04206) .............................. 59

rinsing procedures (04645) .......................................... 74

Cleaning ........................................ See also Warewashing

dry cleaning (04620) .................................................... 73

fogging devices (05285) ............................................... 82

frequency

food-contact surfaces (04605) ................................. 71

nonfood-contact surfaces (04615) .......................... 73

physical facilities (06505) ........................................ 94

receptacles and waste handling units (05580) ........ 88

warewashing equipment (04515) ............................ 68

lack of facilities, single-use articles (04585) ................. 71

mobile food unit (09100) ........................................... 117

precleaning (04625) ..................................................... 73

sealed containers before opening (03306) .................. 34

Cleaning agents

soap provided for handwashing

bed and breakfast (09305) .................................... 124

mobile food unit (09140) ....................................... 120

preschools (09505) ................................................ 129

temporary food establishment (09225) ................ 123

soap provided for handwashing (06305) ..................... 92

warewashing, detergent availability (04350) ............... 66

warewashing, detergent used (04530) ........................ 69

Clean-up of vomiting and diarrheal events

active managerial control (02500) ............................... 25

written procedures (02500) ......................................... 25

Cloth, sanitizing ..................................... See Wiping cloths

Clothes washers

requirement (04320) ................................................... 66

Clothing, employee

clean condition (02335) ............................................... 24

dressing rooms, provided if needed (06350) ............... 93

dressing rooms, used if needed (06545) ...................... 95

Cold holding

cooling food (03520) .................................................... 46

methods stated in application (08325) ...................... 107

mobiles, prechilled equipment (09125) ..................... 119

monitoring (02115 (9)) ................................................. 19

preschools, residential equipment (09505) ............... 129

records, cook chill and sous vide (03540) .................... 51

requirements, TCS food (03525) .................................. 47

temporaries, prechilled equipment (09210) .............. 122

Index Page 135

Commissary

definition ........................................................................ 3

mobile, exemption (09127) ........................................ 120

mobile, required for operation (09100) ..................... 117

mobile, usage (09126) ................................................ 119

specifications required for mobile (09110) ................ 117

Condemnation of food

conditions (03705) ....................................................... 54

Condiments

dispensers, cleaning (04605) ........................................ 73

mobiles, requirements (09120) .................................. 118

required dispensers (03366) ........................................ 39

reservice from one customer to another (03372) ........ 40

temporaries, requirements (09205) ........................... 122

Conditional employee

definition ........................................................................ 3

disease reporting (02200) ............................................ 20

exclusion and restriction of (02210) ............................. 21

Confidentiality

trade secrets (08220) ................................................. 105

Construction

plans required (08200) ............................................... 104

plans required, mobile food units (09110) ................. 117

preopening inspections (08225) ................................. 105

Consumer

containers, refilling (03348) ......................................... 38

definition ........................................................................ 3

self-service

clean tableware for refills (03345) ........................... 37

protection from contamination (03363) .................. 39

raw animal food, limitations (03369) ....................... 40

utensil handling (04930) .......................................... 77

utensils required (04330) ......................................... 66

Consumer advisory

for undercooked animal foods (03620) ........................ 53

prohibited on children's menu (03400) ........................ 42

Contact time

hot water and chemical sanitization (04710) ............... 74

Contaminated food, discarding......................................54

Contamination prevention .. See also Cross contamination

prevention

bandage, covered on hand (02406) .............................. 25

discharges from eyes, nose, mouth (02405) ................ 25

during display (03363) .................................................. 39

from eating, drinking, tobacco (02400) ........................ 24

from equipment and utensils (03330) .......................... 36

from hands (03300) ...................................................... 33

from ice (03324) ........................................................... 36

from unapproved additives (03315) ............................. 35

other sources (03375) .................................................. 40

restricted use of food preparation sinks (04325) ......... 66

storage requirements and prohibitions (03351) .......... 39

when tasting (03303) ................................................... 34

Contamination, consumer

food display (03363) ..................................................... 39

reusing of foods (03372) .............................................. 40

separation barrier, temporaries (09220) .................... 123

utensils at self-service operations (03369) ................... 40

Cook-chill ......................... See Reduced oxygen packaging

Cooking

microwave (03405) ...................................................... 42

raw animal foods (03400) ............................................ 41

to thaw frozen foods (03510) ...................................... 45

unattended (03420) ..................................................... 43

whole-muscle, intact beef (03400) .............................. 42

Cooling

cooked TCS foods (03515) ........................................... 46

exterior coolant ice not used as food (03324) ............. 36

ice as cooling medium food grade (03260) .................. 30

methods (03520) ......................................................... 46

mobiles, as approved (09125) .................................... 118

preschools, equipment restrictions (09500) .............. 129

stated in application (08325) ..................................... 107

temporaries, prohibited (09210) ............................... 122

time-temperature cooling (03515) .............................. 46

Cooperation

aiding foodborne disease investigations (02230) ........ 21

Copper

backflow carbonator (04115) ....................................... 57

use limitations (04115) ................................................ 57

Corrections

compliance to maintain permit (08350(8) ................. 109

documentation on inspection report (08430) ........... 111

specifying time frames (08435) ................................. 111

Cottage food

not a food establishment – See Definition 50(c)(iii) ...... 6

Covers

clean equipment and utensils (04920)......................... 76

during cooling (03520) ................................................. 46

garbage receptacles (05565) ........................................ 88

lights (06240) ............................................................... 90

set tableware (04940) .................................................. 77

vending machines (04270) ........................................... 64

Coving

carpet installed under (06215) .................................... 90

required at floor wall juncture (06210) ....................... 89

Cross connection

prohibition (05275) ...................................................... 82

Cross contamination

demonstration of knowledge (02105) ......................... 17

DFDO receiving (09420) ............................................. 128

DFDO transportation (09407) .................................... 126

eggs, HSP HACCP plan (03800) ..................................... 56

food protected from (03306) ....................................... 34

prevented by handwashing (02310) ............................ 23

ROP HACCP plan (03540) ............................................. 50

separate wiping cloths, raw meat (03339) .................. 37

separating species (03306) .......................................... 34

Cross contamination prevention

food contact surfaces, cleaning (04605) ...................... 71

separation and segregation of raw foods (03306) ....... 34

Curing

variance required (03535) ........................................... 49

Custom meat

variance required (03535) ........................................... 50

Cut leafy greens.................................... See also TCS foods

definition ....................................................................... 3

Page 136 Washington State Retail Food Code

Cutting boards

cleaning after different animal species (04605) ........... 71

wood (04130) ............................................................... 58

worn or gouged (04505) ............................................... 68

Damaged

donating distressed food (09425) .............................. 128

gloves (03342) .............................................................. 37

segregated until returned (06415) ............................... 94

Date marking (03526) .............................................. 47–48

Demonstration of knowledge

PIC requirements (02105) ............................................ 17

Denature food

due to imminent health hazard (03705) ...................... 54

Destruction of food

voluntary (03705) ......................................................... 54

Detergents ........................................ See Cleaning agents

Diarrhea

condition of exclusion (02220) ..................................... 21

employee reporting (02205) ........................................ 20

removal of exclusion (02250) ....................................... 22

written procedures (02500) ......................................... 25

Direct connection ................ See also Backflow prevention

produce washing at temporary events (09240) ......... 123

sewage system (05410) ................................................ 85

Discharges, eyes, nose and mouth

employee restriction (02405) ....................................... 25

Dishwashing ......................................... See Warewashing

Dispensing equipment, design and construction

requirements (04230) .................................................. 60

Display tank

animals allowed (06570) .............................................. 96

handwashing required (02415) .................................... 25

shellfish life support tank, variance required (04244) .. 62

shellfish, maintaining source information (03285) ....... 31

Distressed foods .......................................... See Damaged

Dogs

pets allowable in certain scenarios (06570) ................. 96

Donated food distributing organization

annual notification (09400) ........................................ 125

exempt from permit (09400) ...................................... 125

food labels (09430) ..................................................... 128

food sources (09415) .................................................. 126

nonprofit status (09400) ............................................ 125

raw milk prohibition (09425) ...................................... 128

receiving distressed foods (09425) ............................. 128

receiving food (09420) ............................................... 127

record keeping (09435) .............................................. 128

requirements (09400) ................................................ 124

sink requirements (09410) ......................................... 126

Drain, indirect ............................ See Backflow prevention

Drainboards

cleaning frequency (04515) .......................................... 68

self-draining (04262) .................................................... 64

sized to accommodate (04310) .................................... 65

Dressing areas ............................................... See Clothing

Drinking water

alternative water supply (05150) ................................. 80

approved source (05100) ............................................. 79

capacity (05135) ........................................................... 79

cross connection prohibition (05275) .......................... 82

definition ....................................................................... 4

food-grade hose (05330) ............................................. 84

system flushing (05350) ............................................... 84

tank, pump, and hoses for mobile food units (05365) . 84

Dry cleaning

methods for equipment and utensils (04620) ............. 73

Drying

agents, for equipment and utensils (07235) .............. 100

air, of equipment and utensils (04900) ........................ 76

as part of handwashing procedure (02305) ................. 22

devices allowed for hands (06310) .............................. 92

use of on site laundry facilities (04820) ....................... 75

wiping cloths (04905) ................................................... 76

Eating, drinking, tobacco use by employees

contamination prevention (02400) .............................. 24

designated areas (06410) ............................................ 94

handwashing requirements (02310) ............................ 23

Eggs

additional safeguards for HSP (03800) ........................ 55

cold holding temperature (03525) ............................... 47

consumer advisory (03620) ......................................... 53

cooking temperature (03400) ...................................... 41

definition ....................................................................... 4

egg products obtained pasteurized (03250) ................ 30

major food allergen ....................................................... 8

package label requirements (03200) ........................... 27

pasteurized, substitute for shell eggs (03312) ............. 35

pooling prohibition and exception (03321) ................. 35

receiving quality (03245) ............................................. 30

receiving temperature (03235) .................................... 29

restriction of time as a control, HSP (03530) ............... 49

Employee

accommodations, designated area (06410) ................. 94

definition ....................................................................... 5

food contaminated by (03700) .................................... 54

health

conditional employee (02210) ................................. 21

hygiene (02500) ....................................................... 25

illness symptoms (02205) ........................................ 20

prevention of disease transmission from (03303) ... 34

responsibility to report illness to PIC (02205) ......... 20

restriction and exclusion

conditions of exclusion (02220) .......................... 21

conditions of restriction (02225) ......................... 21

removal based on diagnosis (02245)................... 22

removal based on exposure (02255) ................... 22

removal based on symptoms (02250) ................. 22

suspected foodborne illness (08520) .................... 113

verifiable training (02115 (15)) ................................ 19

medicine needing refrigeration (07265) .................... 101

personal cleanliness (02335) ....................................... 24

Equipment

air drying (04900) ......................................................... 76

capable to maintain food temperatures (04300) ......... 65

certification (04272) .................................................... 65

cleaning frequency (04605) ......................................... 71

cooling, heating, and holding capacities (04300) ......... 65

definition ....................................................................... 5

design and construction (04200) ................................. 58

drainage of accumulated moisture (04264) ................. 64

Index Page 137

maintenance (04500) ................................................... 68

replacement (08350) .................................................. 109

required to be clean (04600) ........................................ 71

sanitization (04700) ...................................................... 74

storage (04920) ............................................................ 76

storage prohibitions (04925) ........................................ 76

warewashing equipment cleaning frequency (04515) . 68

Exempt from permit

DFDO (09400) ............................................................. 125

Exempt from permit with approval

statewide list of exempted foods (08305) .................. 106

Filters

ventilation, cleaning (06515) ........................................ 94

ventilation, easily accessed (04218) ............................. 60

water tank vent (05320) ............................................... 83

water, easily accessed (05225) ..................................... 81

water, safe materials (05200) ....................................... 80

Fingernails

artificial, maintenance and polish (02325) ................... 24

First aid supplies, employee use

storage requirements (07270).................................... 101

Fish

approved source (03215) ............................................. 28

approved source, DFDO (09415) ................................ 126

color additives (03610) ................................................. 52

consumer advisory for undercooked (03620) .............. 53

cooking temperature (03400) ...................................... 41

definition ........................................................................ 5

display tanks

allowable live animals (06570) ................................. 96

handwashing requirements (02415) ........................ 25

freezing for parasite destruction (03425) ..................... 43

frozen for ROP (03540) ................................................. 51

major food allergen ........................................................ 8

partially cooked

consumer advisory (03620) ...................................... 54

parasite reduction (03425) ...................................... 43

raw or undercooked, served or sold RTE, required

records (03430) ........................................................ 44

raw, not served in facility serving HSP (03800) ............ 55

raw, storage (03306) .................................................... 34

separation for allergens (04605) .................................. 72

thawing ROP (03510) .................................................... 46

Fixed equipment

CIP (04206) ................................................................... 59

elevation or sealing (04410) ......................................... 67

spacing or sealing (04405) ............................................ 67

washing procedures (04640) ........................................ 74

Flood

ceasing operations (08455) ........................................ 112

imminent health hazard – See Definition 62 .................. 8

reporting to regulatory authority (08350) .................. 109

restricted foods for donation (09425) ........................ 128

water system flushing (05105) ..................................... 79

Floors, walls, ceilings

absorbent flooring, use limitations (06530) ................. 95

carpeting, restriction and installation (06215) ............. 90

cleaning (06510) ........................................................... 94

easily cleanable (06200) ............................................... 89

mats and duckboards (06220) ...................................... 90

openings, protected from pests (06260) ...................... 91

temporary food establishment (06100) ....................... 89

Flow .................................... See also Backflow prevention

flow diagram for HACCP (08215) ............................... 105

handwashing sink, time (05210) .................................. 80

pressure gauge, warewashing machines (04260) ........ 63

pressure required, warewashing machines (04560) .... 69

pressure required, water lines (05140)........................ 79

Fogging devices

water reservoir of (05285) ........................................... 82

Food bank ..... See Donated food distributing organization

Food contact surfaces

characteristics, safe, smooth, durable (04100) ............ 57

cleanability, smooth and easily cleanable (04204) ...... 59

cleaning (04635) .......................................................... 73

cleaning frequency (04605) ......................................... 71

definition ....................................................................... 5

in-use utensils, storage between use (03333) ............. 36

linens and napkins, use limitation (03336) .................. 36

lubricants, application on (04910) ............................... 76

lubricants, equipment leak proof (04234) ................... 61

sanitization (04700) ..................................................... 74

sanitizer, tolerances as pesticides (07220) ................ 100

wiping cloths (03339) ................................................... 37

Food display

hard crusted breads (03363) ........................................ 39

preventing contamination by consumers (03363) ....... 39

Food establishment

definition ....................................................................... 5

Food preparation sinks

cleaning frequency (04525) ......................................... 68

designated (04325) ...................................................... 66

preschools, allowance (09515) .................................. 129

temporary food establishment, allowance (09240) ... 123

warewashing sink, use limitations (04525) .................. 68

wiping cloths, allowed to wash (04815)....................... 75

Food worker cards

mobile unit, allowance (09120) ................................. 118

requirement (02120) ................................................... 19

temporaries, only required for PIC (09200) ............... 122

Freezing, frozen

maintain frozen (03500) .............................................. 45

parasite destruction (03425) ....................................... 43

shipped frozen, received frozen (03235) ..................... 29

slacking (03505) ........................................................... 45

Fruits and vegetables

cooking for hot holding (03410) .................................. 43

protection from contamination

cross contamination, separating (03306) ................ 34

equipment prior to use (04605) .............................. 71

from consumers (03363) ......................................... 39

storing on undrained ice (03327) ............................ 36

whole or cut, immersion in ice or water (03327) .... 36

whole, uncut storage (03306) ................................. 34

whole, uncut storage in wood (04130) .................... 58

sampling, exempt from permit if approved (08305) .. 106

sulfiting agents (03315) ............................................... 35

washing

chemicals for (07225) ............................................ 100

hand contact allowed during (03300)...................... 33

procedure (03318) ................................................... 35

Page 138 Washington State Retail Food Code

Galvanized metal

use limitation (04120) .................................................. 58

Game animals

approved source (03230) ............................................. 29

cooking temperatures (03400) ..................................... 41

definition ........................................................................ 7

DFDO, use of wild (09415) .......................................... 127

Garbage ........................................................... See Refuse

Gloves

cloth

laundered (04805) ................................................... 75

use limitation (03342) .............................................. 37

cover for bandage (02406) ........................................... 25

cover for lesion, return to work (02250) ...................... 22

handwashing before donning (02310) ......................... 23

single-use limitation (03342) ........................................ 37

slash-resistant (03342) ................................................. 37

used to avoid BHC (03300) ........................................... 33

Grease

encrusted on food equipment (04600) ........................ 71

prevention of drippage from hood system (04226) ..... 60

trap, easily accessed (05405) ....................................... 85

ventilation hood filters easily accessed (04218) ........... 60

ventilation hood system sufficient in capacity (04315) 65

HACCP Plan

contents of plan (08215) ............................................ 105

definition ........................................................................ 7

demonstration of knowledge (02105) .......................... 18

eggs in HSP (03800) ...................................................... 56

frequency of inspections under plan (08405)............. 110

juice

children in custodial care as HSP (03800) ................ 55

packaged in food establishment (03445) ................. 45

prepackaged, processor requirements (03280) ....... 31

prepared for HSP (03800) ........................................ 55

molluscan shellfish display tanks (04244) .................... 62

ROP requirements (03540) ........................................... 50

sous vide and cook-chill exemption (03540) ................ 52

when required (08210) ............................................... 104

Hair restraints

requirements and allowances (02410) ......................... 25

Hand antiseptics

approval and use (02320) ............................................. 23

Handwashing

cleaning procedure (02305) ......................................... 22

definition ........................................................................ 7

food demonstrators ..................................................... 80

hands and arms required to be clean (02300) ............. 22

requirement (02310) .................................................... 23

where to wash (02315) ................................................ 23

Handwashing facilities

facility requirements (05210) ....................................... 80

hand drying provision (06310) ..................................... 92

signage (06320) ............................................................ 93

sinks

accessibility and dedication (05270) ........................ 82

definition .................................................................... 7

mobiles (09410) ..................................................... 126

mobiles, waiver for packaged product (09415) ..... 126

preschools, allowance (09510) .............................. 129

preschools, requirement (09505) .......................... 129

required number (05230) ........................................ 81

size, adequate for both hands (05210) .................... 80

temporary handwash (09225) ............................... 123

unapproved, stocked for handwashing (06315) ...... 92

soap provision (06305) ................................................ 92

waste receptacle for towels (06325) ........................... 93

water temperature and flow (05210) .......................... 80

Health ......................................................... See Employee

Hearing

by request following permit suspension (08600) ...... 114

for permit revocation (08600) ................................... 114

request regarding hold order (03705) ......................... 54

Hermetically sealed containers

cleaning of visible soil (03306) ..................................... 34

definition ....................................................................... 7

reheating for hot holding (03440) ............................... 44

source (03205) ............................................................. 27

High humidity

oven cooking chart (03400) ......................................... 41

Highly susceptible population

additional safeguards (03800) ..................................... 55

declared on application (08325) ................................ 107

definition ....................................................................... 7

eggs, time as a control prohibited (03530) .................. 49

employee exclusion (02220) ........................................ 21

employee restriction (02225) ...................................... 21

prioritization of inspections (08405) .......................... 110

prohibited from BHC allowance (03300) ..................... 33

reheating for date marking prohibition (03800) .......... 56

undercooked meat prohibition (03400) ...................... 42

Hold orders

placed on suspect food (03700) ................................... 54

unpackaged shellfish (03265) ...................................... 30

used during outbreak investigation (08520) .............. 113

Home ......................... See Private home food preparation

Hoses

"V" type threads (05315) ............................................. 83

backflow prevention (05355) ....................................... 84

flushing and sanitizing (05350) .................................... 84

food-grade for mobile food unit (09135) ................... 120

safe and durable (05300) ............................................. 83

use limitation for drinking water (05365) .................... 84

used according to law (05145) ..................................... 79

Hot holding

cooking plant foods for (03410) ................................... 43

DFDO, sufficient equipment (09406) ......................... 125

food in a homogenous liquid form (03525) ................. 47

mobiles, preheated equipment (09125) .................... 119

monitoring (02115 (9)) ................................................. 19

preschools (09500) .................................................... 129

reheating for (03440) ................................................... 44

temporaries, preheated equipment (09210) ............. 122

unattended (03420) ..................................................... 43

vending machines (04246) ........................................... 62

Hot water

handwashing water temperature (05210) ................... 80

quantity and availability (05135) ................................. 79

sanitization of food contact surfaces (04710) .............. 74

Ice

beverage tubing (04236) .............................................. 61

cleaning frequency, ice bins (04605) ........................... 73

Index Page 139

crushed ice drinks, exempt with approval (08305) .... 106

drainage (04264) .......................................................... 64

equipment specifications, ice machine (04230) ........... 60

for cooling food (03520) ............................................... 46

for displaying shellfish (03285) ..................................... 32

hotel guest use, exempt See Definition 50(c)(x) ............. 6

in-use utensil storage (03333) ...................................... 36

mobile food unit (09120) ............................................ 118

separation of liquid waste drains (04238) .................... 61

source, drinking water (03260) .................................... 30

temporary food establishment (09205) ..................... 122

used as a coolant, prohibited as ingredient (03324) .... 36

used as a coolant, safe storage of food (03327) ........... 36

Identity

food honestly presented (03100) ................................. 27

Immediate consumption

consumer self-service raw animal food (03369) .......... 40

time as a public health control (03530) ........................ 49

Immediate service

bed and breakfast, requirement for TCS (09300) ....... 124

definition ........................................................................ 7

egg cooking temperature (03400) ................................ 41

mixed eggs (03321) ...................................................... 35

preschools, requirement for TCS (09500) .................. 129

reheating for (03435) ................................................... 44

thawing food (03510) ................................................... 45

Imminent health hazard

approval to resume operations (08460) ..................... 112

continued operation under approved plan (08455) ... 112

definition ........................................................................ 8

food destruction (03705) ............................................. 54

permit holder discontinuing food operation (08350) . 109

permit suspension (08600) ......................................... 114

Immunocompromised .. See Highly susceptible population

Insects ................................................................. See Pest

Inspection

access to premises and records (08415) .................... 110

frequency (08400) ...................................................... 109

performance and risk-based (08405) ......................... 110

preopening (08330) .................................................... 108

prior to permit renewal (08335) ................................. 108

refusal of access (08425) ............................................ 111

Inspection report

acknowledgement of receipt, refusal to sign (08445) 111

approved form requirement (08430) ......................... 111

available for review by public (08350) ....................... 108

copy provided to PIC after inspection (08440) ........... 111

documentation (08430) .............................................. 111

public document (08450) ........................................... 112

Intact meat

cooling (03515) ............................................................. 46

definition ........................................................................ 8

In-use utensils

between-use storage (03333) ...................................... 36

cleaning frequency (04605) .......................................... 72

Jaundice

condition of exclusion (02220) ..................................... 21

employee reporting (02205) ........................................ 20

PIC notification of health officer (02215) ..................... 21

removal of exclusion (02250) ....................................... 22

Jewelry

medical alert jewelry (02330) ...................................... 24

prohibition (02330) ...................................................... 24

Juice

acidic, container limitations (04115) ........................... 57

definition ....................................................................... 8

in HSP, including children in custodial care (03800) .... 55

packaged in establishment, requirements (03445) ..... 45

packaged juice requirements (03445) ......................... 45

prepackaged, source requirements (03280) ................ 31

Labeling

bulk food (03610)......................................................... 53

chemical sanitizers, EPA label (04565) ......................... 70

consumer advisory (03620) ......................................... 53

containers of poisonous or toxic materials (07100) .... 99

date marking (03526) .................................................. 47

date, unaltered (03615) ............................................... 53

DFDO packaged food (09430) .................................... 128

foods packaged in food establishment (03610) ........... 52

hold orders (03705) ..................................................... 54

juice, warning if untreated (03445) ............................. 45

juice, with warning label prohibited for HSP (03800) .. 55

major food allergen (03610) ........................................ 52

meat and poultry, safe handling of raw (03200) .......... 27

medicines and first aid (07260).................................. 101

milk, raw or unpasteurized (03610) ............................. 53

mobile food units, packaged food on (09120) ........... 118

shellstock (03270) ........................................................ 30

shellstock date sold (03290) ........................................ 32

shucked shellfish (03265) ............................................ 30

toxic materials (07210) ................................................ 99

whole muscle, intact beef (03200)............................... 27

wild game, DFDO (09415) .......................................... 127

working containers, food (03309) ................................ 35

Laundering

frequency and methods (04805) ................................. 75

Lead

use limitation (04100) .................................................. 57

Leafy greens ...................................... See Cut leafy greens

Lemonade stand

not a food establishment ............................................... 6

Lesion with pus

condition of restriction (02225) ................................... 21

employee reporting (02205) ........................................ 20

must be covered (02205) ............................................. 20

removal of restriction (02250) ..................................... 22

Light bulbs

protective shielding (06240) ........................................ 90

Lighting

intensity (06340) .......................................................... 93

Limited menu

bed and breakfast (09300) ......................................... 124

during suspected foodborne illness (08520) .............. 113

exempt from permit with approval (08305) .............. 106

mobile food unit (09105) ........................................... 117

preschools (09500) .................................................... 129

temporary food establishment (09200) ..................... 121

Linens and napkins

definition ....................................................................... 8

laundering (04805) ...................................................... 75

storage (04920) ............................................................ 76

Page 140 Washington State Retail Food Code

use limitation (03336) .................................................. 36

Living and sleeping quarters ... See also Private home food

preparation

demonstration of PIC knowledge (02115) .................... 18

not used for food operations (06290) .......................... 92

prohibited as food establishment, PIC responsibility ... 18

required partitions (06295) .......................................... 92

Lubricants

application to prevent contamination (04910) ............ 76

leakproof bearings and gear boxes (04234) ................. 61

specifications, incidental food contact (07240) .......... 101

Major food allergen ..................................... See Allergens

Manual warewashing

backflow prevention (05410) ....................................... 85

cleaning solutions (04530) ........................................... 69

drainboards (04262) ..................................................... 64

drainboards (04310) ..................................................... 65

hot water sanitizing, immersion equipment (04256) ... 63

hot water sanitizing, immersion temperature (04550) 69

mobile, allowances (09155)........................................ 121

procedures (04635) ...................................................... 73

sanitizer concentration, measured (04575) ................. 71

sanitizer test strip, provided (04345) ........................... 66

sink compartment requirements (04305) .................... 65

sink use limitation (04525) ........................................... 68

temperature measuring devices (04340) ..................... 66

temporary food establishment (09235) ..................... 123

wash temperature (04540)........................................... 69

Mapping ........................... See Reduced oxygen packaging

Meat

cooking temperatures (03400) ..................................... 41

definition ........................................................................ 8

equipment cleaning requirements (04605) .................. 71

rare or raw, consumer advisory (03620) ...................... 53

raw, storage (03306) .................................................... 34

reheating for immediate service (03435) ..................... 44

restriction from consumer self-service (03369) ........... 40

roast, hot holding temperature (03525) ...................... 47

separation and segregation of raw foods (03306) ....... 34

whole-muscle, intact beef ............................................ 16

exemption from consumer advisory (03200) ........... 27

wiping cloth, requirements (03339) ............................. 37

Medicines

for retail sale or personal use (07260) ....................... 101

refrigerated, for on-premises use (07265) ................. 101

Menu ............................................. See also Limited menu

consumer advisory (03620) .......................................... 53

requirement of plans (08205) .................................... 104

Metering faucet

required time of flow (05210) ...................................... 80

Microwave

cleaning requirements (04610) .................................... 73

cooking raw animal food (03405) ................................. 42

reheating for hot holding (03440) ................................ 44

safety standards (04510) .............................................. 68

thawing (03510) ........................................................... 45

Milk and milk products

bulk dispensing (04590) ............................................... 71

Grade A definition .......................................................... 7

major food allergen ........................................................ 8

pasteurized (03250) ..................................................... 30

raw milk, required labeling (03610) ............................. 53

receiving temperature (03235) .................................... 29

source (03210) ............................................................. 27

Mixed eggs

prohibition (03321) ...................................................... 35

Mobile food establishment

business name (09160) .............................................. 121

commissary exemption (09127) ................................ 120

commissary requirements (09126) ............................ 119

definition ....................................................................... 8

operating location notification (09160) ..................... 121

plan review reciprocity (09115) ................................. 121

removal of wastes (05425) .......................................... 85

wastewater holding tanks (05400) .............................. 85

water tank (05365) ...................................................... 84

Mobile permit, primary

definition ....................................................................... 9

Mobile permit, secondary

definition ....................................................................... 9

Modified atmosphere packaging ....... See Reduced oxygen

packaging

Mop sink, service sink, floor sink

not provided with handwashing aids (06315).............. 92

number requirement (05240) ...................................... 81

Mops

drying (06525) .............................................................. 95

storage (06560) ............................................................ 95

Mushrooms, wild harvested

cooking requirements (03225) ..................................... 28

identification documentation (03225) ......................... 28

sources (03225) ........................................................... 28

species (03225) ............................................................ 28

Noncontinuous cooking

definition ....................................................................... 9

Nonfood-contact surfaces

cleaning frequency (04615) ......................................... 73

constructed for cleaning and maintenance (04214) .... 59

kept clean (04600) ....................................................... 71

materials nonabsorbent and smooth (04140) ............. 58

Non-stick coatings

rules relating to (04135) .............................................. 58

Notice

complying with (08350) ............................................. 109

of application denial (08340) ..................................... 108

service of (08605) ...................................................... 115

Overhead protection

mobile units (09170) .................................................. 121

outdoor food vending areas (06270) ........................... 92

Overnight cooking ..........See Unattended cooking and hot

holding

Packaged

condition (03255) ........................................................ 30

definition ....................................................................... 9

in facility, label requirements (03610) ......................... 52

meats, label requirements (03200).............................. 27

not in direct contact with ice (03327) .......................... 36

not re-served to HSP (03800) ....................................... 56

receiving, label requirements (03200) ......................... 27

reduced oxygen (03540) .............................................. 50

shellfish (03265) ........................................................... 30

Index Page 141

Parasite destruction

exceptions (03425) ....................................................... 43

freezing in food establishment (03425) ....................... 43

records required (03425) ............................................. 43

Par-cooking ........................... See Noncontinuous cooking

Pasteurized

egg products, receiving (03250) ................................... 30

juice, required labeling (03445).................................... 45

milk products, receiving (03250) .................................. 30

raw milk, warning requirement (03610) ...................... 53

requirements for HSP (03800) ...................................... 55

Permit

application

contents (08325) .................................................... 107

denial (08340) ........................................................ 108

procedure (08325) ................................................. 108

definition ........................................................................ 9

DFDO, exempt from (09400) ...................................... 125

exempt with approval (08305) ................................... 106

non-transferable (08355) ........................................... 109

requirement (08600) .................................................. 114

responsibilities

permit holder (08350) ............................................ 108

regulatory authority (08344).................................. 108

suspended (08600) ..................................................... 114

Person in charge

definition ........................................................................ 9

illness reporting (02215) .............................................. 21

responsibilities, knowledge, duties ........................ 18–19

written procedures and plans (02115 (16)) .................. 19

Pest

insect control devices (06250) ...................................... 91

outdoor openings, protection for (06260) ................... 91

pesticides (07300) ...................................................... 102

presence controlled

bed and breakfast (09305) ..................................... 124

DFDO (09405) ......................................................... 125

food establishment (06550) ..................................... 95

preschools (09505) ................................................. 129

removal of dead pests (06555) ..................................... 95

tracking powders (07255) .......................................... 101

chemical sanitizer, test kit required (04575) .......... 70–71

chlorine sanitizer, contact time (04710) ....................... 74

Clostridium botulinum controls (03540) ....................... 50

definition ........................................................................ 9

use limitation with copper (04115) .............................. 57

PHF ... See Time/temperature control for safety food (TCS)

Physical facilities

clean and maintained (06500) ...................................... 94

definition ........................................................................ 9

Plans ............................................... See also HACCP plans

approval prior to permit issuance (08330) ................. 108

construction, menu change, remodel (08200) ........... 104

cooking ground meat (03400) ...................................... 41

exempt from permit with approval (08305) ............... 106

facility and operating (08205) .................................... 104

maintaining managerial control (02115(16)) ................ 19

mobile commissary .................................................... 120

mobile, operation (09110) ......................................... 117

pet dogs in outdoor areas (06570) ............................... 96

previously served food donation (03372) .................... 40

refilling consumer-owned reusables (03348(6)) .......... 38

short-term electric (08455) ........................................ 112

unattended cooking and hot holding (03420) ............. 43

vomiting (02500) .......................................................... 25

Plant food

cooking for hot holding (03410) .................................. 43

Plumbing

definitions .................................................................... 10

rules relating to ...................................................... 80–83

Polishing utensils with dry cloth

rules relating to (04900) .............................................. 76

Posting

inspection report for public review (08350) .............. 108

mobile unit business name (09160) ........................... 121

permit, food establishment (08105) .......................... 103

permit, mobile unit (09165) ....................................... 121

Potentially hazardous food See Time/temperature control

for safety food (TCS)

Poultry

cooking temperature (03400) ...................................... 41

definition ..................................................................... 10

labeling requirements (03200) .................................... 27

preventing cross contamination (03306) ..................... 34

Precleaning

debris removal from food contact surfaces (04625) .... 73

Preschools

cold holding (09505) .................................................. 129

cooling (09500) .......................................................... 129

definition ..................................................................... 10

handwashing facilities (09505) .................................. 129

hot holding (09500) ................................................... 129

immediate service (09500) ........................................ 129

limited menu (09500) ................................................ 129

pests, presence controlled (09505) ........................... 129

produce washing (09515) .......................................... 129

service limitations (09500) ......................................... 129

sinks

alternative handwashing facilities (09510) ............ 129

food preparation required (09515) ....................... 129

requirement for (09505) ........................................ 129

storage, food and food service equipment (09505) .. 129

toxics (09505) ............................................................ 129

washing produce (09505) .......................................... 129

Preservation, to extend shelf-life of TCS food

specialized process, variance required (03535) ........... 49

Preset tableware

protected from contamination (04940) ....................... 77

Private home food preparation

allowed for non-TCS donated foods (09415) ............. 127

bed and breakfast allowance (09300) ........................ 123

prohibition as food source (03200) .............................. 27

prohibition of home as food establishment (06290) ... 92

Processing

specialized foods, variance required (03535) .............. 49

Produce washing

at DFDO (09410) ........................................................ 126

at preschools (09515) ................................................ 129

at temporary food establishment (09240) ................. 123

chemicals used for (07225) ........................................ 100

Page 142 Washington State Retail Food Code

procedures (03318) ...................................................... 35

warewashng sink restriction (04525) ........................... 68

with bare hands (03300) .............................................. 33

Ratites

cooking temperature (03400) ...................................... 41

definition ...................................................................... 11

Ready-to-eat food

cleaning utensils (04605) .............................................. 71

definition ...................................................................... 11

glove use (03342) ......................................................... 37

preventing bare hand contact (03300) ......................... 33

protected from cross contamination (03306) .............. 34

requirement for handwashing (02310) ........................ 23

utensil provision for customer self-service (03369) ..... 40

Receiving food .......................................... See also Source

confirmation, nonoperating hours (02115) .................. 19

DFDO requirements (09420) ...................................... 127

package integrity (03255) ............................................. 30

temperature confirmation (02115) .............................. 19

Record keeping

access to review (08415) ............................................ 110

commissary usage (09126) ......................................... 119

cook-chill and sous vide (03540) .................................. 50

DFDO (09435) ............................................................. 128

fish, parasite reduction (03430) ................................... 44

HACCP plans (08215) .................................................. 105

molluscan shellfish, original containers (03285) .......... 32

shellstock (03285) ........................................................ 32

shellstock, tags (03290) ................................................ 32

variances (08120) ....................................................... 103

water treatment devices (05280) ................................. 82

wild harvested mushrooms (03225) ............................. 28

Reduced oxygen packaging

definition ...................................................................... 12

HACCP with 2 barriers, no variance (03540) .......... 50–52

Refills

consumer-owned containers (03348) .......................... 38

dispensing equipment design (04230) ......................... 60

second portions, allowances (03345) ........................... 37

water containers (03348(5)) ......................................... 38

Refusal of access

procedures (08425) .................................................... 111

right of access (08420) ............................................... 110

Refuse

construction of outdoor areas (06285) ........................ 92

definition ...................................................................... 12

rules relating to ...................................................... 86–88

storage at

bed and breakfasts (09305) ................................... 124

DFDO (09405) ......................................................... 125

preschools (09505) ................................................. 129

Reheating

hot holding (03440) ...................................................... 44

immediate service (03435) ........................................... 44

restriction for bed and breakfasts (09300) ................. 124

restriction for DFDO (09300) ...................................... 124

temporary food establishment (09210) ..................... 122

whole roasts (03440) .................................................... 44

Report form .................................... See Inspection report

Reporting

foodborne illness complaint or incident (08520) ....... 113

history of illness or exposure in worker (02215).......... 21

imminent health hazard (08455) ............................... 112

jaundice or diagnosed illness in worker (02215) ......... 21

Reservice

definition ..................................................................... 12

prohibited for HSP (03800) .......................................... 55

prohibition and exception (03372) .............................. 40

refilling refillable containers (03348) ........................... 38

surplus food and share tables (03372) ........................ 40

Restriction, of ill employee

by order of regulatory authority (08505) ................... 112

by person in charge (02225) ........................................ 21

definition ..................................................................... 12

release from restriction (08515) ................................ 113

Restrooms

mobile food unit (09150) ........................................... 121

number required (05235) ............................................ 81

requirement for patrons (05235) ................................. 81

temporary food establishment (09230) ..................... 123

toilet paper (06335) ..................................................... 93

within 200 feet of establishment (05235) .................... 81

Rice Noodles

definition ....................................................................... 1

Rinsing

dish procedures (04645) .............................................. 74

produce .......................................... See Produce washing

required for handwash (02305) ................................... 22

Rodents ............................................................... See Pest

Rule

imposing additional requirements (08105) ............... 103

Running water

dipper wells (03333) .................................................... 36

handwashing

flow time (05210) .................................................... 80

procedure (02305) ................................................... 22

thawing in (03510) ....................................................... 45

washing produce (03318) ............................................ 35

temporary food establishment (09240) ................ 123

Salad bars

clean tableware (03345) .............................................. 37

cleaning frequency for containers (04605) .................. 72

monitored by food employees (03369) ....................... 40

notification of clean tableware required (02115) ........ 19

sneeze guards and effective protection (03363) ......... 39

Sanitizing

CIP equipment (04206) ................................................ 59

concentration tested (04575) ...................................... 71

contact times (04710) .................................................. 74

definition ..................................................................... 13

equipment and utensils (03306) .................................. 34

hand antiseptics (02320) ............................................. 23

hot water (04256) ........................................................ 63

hot water, irreversible indicator (04340) ..................... 66

rules relating to (04710) ........................................ 74–75

sink, before and after thawing food in sink (04525) .... 68

test kits required (04345) ............................................ 66

wiping cloths, use and separation (03339) .................. 37

Self-service

clean tableware (03345) .............................................. 37

preventing contamination (03369) .............................. 40

preventing miscellaneous contamination (03375) 39–40

Index Page 143

raw animal food, prohibition and exception (03369) ... 40

utensil display (04930) ................................................. 77

utensils required (04330) ............................................. 66

Separation barrier

for poisonous materials (07200) .................................. 99

living or sleeping quarters (06290) ............................... 92

prevent public access at temporary events (09220) .. 123

Service animals ............................... See also Animals, live

definition ...................................................................... 13

Servicing areas

definition ...................................................................... 13

mobile units (09100) .................................................. 117

Sewage

definition ...................................................................... 13

rules relating to ...................................................... 84–86

Shellfish, molluscan

commingling (03290) .................................................... 33

condition upon receipt (03275) .................................... 31

definition ........................................................................ 9

display tanks, labeled if not for human food (04244) .. 62

life support tanks, variance required (03535) .............. 49

original container, label required (03285) .................... 31

raw or undercooked

consumer advisory required (03620) ....................... 53

prohibition for HSP (03800) ..................................... 55

recreationally caught, prohibited (03220) .................... 28

repackaging (03285) ..................................................... 31

shells as service containers (04595) ............................. 71

shucked shellfish packaging identification (03265) ...... 30

tag or label information maintaining (03290) .............. 32

Shielding

light (06240) ................................................................. 90

Signage

handwashing (06320) ................................................... 93

notification of inpsection report (08350) ................... 103

pet dogs in indoor establishments (06570(5)) ............. 96

Single-service and single-use

characteristics (04145) ................................................. 58

definition ...................................................................... 14

glove, use limitation (03342) ........................................ 37

required use

facilities without washing facilities (04585) ............. 71

mobile units (09120) .............................................. 118

temporary food establishment (09205) ................. 122

reuse prohibition (04590) ............................................. 71

storage requirements (04920)...................................... 76

use to prevent bare hand contact (03300) ................... 33

Sink, service sink, floor sink

not provided with handwash aids (06315) ................... 92

number requirement (05240) ...................................... 81

Sinks.. See also Handwashing facilities, Two-compartment

sinks, and Warewashing

alternatives to three-compartment

bed and breakfast (09310) ..................................... 124

mobiles (09155) ..................................................... 121

preschool (09510) .................................................. 129

temporary food establishments (09235) ............... 123

alternatives to three-compartment (04305) ................ 65

cleaning frequency (04515) .......................................... 68

food preparation

DFDO (09410) ......................................................... 126

preschools (09515) ................................................ 129

temporaries (09240) .............................................. 123

food preparation (04325) ............................................ 66

service or floor (05240) ................................................ 81

sized to fit largest utensil (04305) ................................ 65

three-compartment for manual washing

DFDO (09410) ........................................................ 126

mobile food unit (09155) ....................................... 121

preschools (09505) ................................................ 129

temporary food establishment (09235) ................ 123

three-compartment for manual washing (04305) ....... 65

warewashing, use limitation (04525) ........................... 68

Size

food preparation sinks (04325) .................................... 66

handwashing sinks (05210) .......................................... 80

water tank on mobile unit (09135) ............................ 120

water tanks, temporaries (09225) ............................. 123

Slacking

definition ..................................................................... 14

TCS food (03505) .......................................................... 45

Sneezing, coughing

handwashing requirements (02310) ............................ 23

persistent, restriction from food handling (02405) ..... 25

Soap .................................................. See Cleaning agents

Sore throat with fever

employee reporting (02205) ........................................ 20

exclusion, condition of (02220) .................................... 21

removal of exclusion or restriction (02250) ................. 22

restriction, condition of (02225) .................................. 21

Source

specifications for

additives (03240) ..................................................... 30

egg products (03250) ............................................... 30

eggs (03245) ............................................................ 30

fish (03215) .............................................................. 28

game and animals (03230) ...................................... 29

ice (03260) ............................................................... 30

juice (03280) ............................................................ 31

milk (03250) ............................................................. 30

rice noodles (03235) ................................................ 29

shellstock source (03270) ........................................ 30

shucked shellfish (03265) ........................................ 30

wild mushrooms (03225) ......................................... 28

Sous vide .......................... See Reduced oxygen packaging

Spoiled food

destined for return to distributor (06415) ................... 94

Sponges

use limitation (04125) .................................................. 58

Sprouts, seed (raw)

prohibited for HSP (03800) .......................................... 55

variance required to grow (03535) .............................. 50

washing (03318) ........................................................... 35

Storage

containers, identification of food (03309) ................... 35

food

preventing contamination from premises (03360) .. 39

prohibited areas (03354) ......................................... 39

food and food service equipment

bed and breakfasts (09305) ................................... 124

DFDO (09405) ........................................................ 125

preschools (09505) ................................................ 129

Page 144 Washington State Retail Food Code

temporary food establishment (09205) ................. 122

prohibited areas

for equipment, utensils, linens (04925) ................... 76

for food storage cabinets (04400) ............................ 67

Stuffed foods

cooking temperature (03400) ...................................... 41

Sulfites

preventing contamination (03315) .............................. 35

Suspension

permit (08600) ........................................................... 114

permit due to ill employee (08520) ............................ 113

Tableware

clean for refills (03345) ................................................ 37

definition ...................................................................... 14

handling (04935) .......................................................... 77

preset (04940) .............................................................. 77

Tasting

preventing contamination (03303) .............................. 34

Temperature

abuse, received foods free of signs of (03235) ............. 29

cooking (03400) ............................................................ 41

cooling (03515) ............................................................. 46

measuring device ............................... See Thermometers

receiving (03235) .......................................................... 29

Temporary food establishment

alternative water supply (05150) ................................. 80

definition ...................................................................... 14

floor, walls, ceilings (06200) ......................................... 89

inspection frequency (08400)..................................... 109

rules relating to .................................................... 121–23

wastewater tank (09225) ........................................... 123

water need not be under pressure (05140) ................. 79

Testing

backflow prevention device (05220) ............................ 81

infected food employees (08500) .............................. 112

sanitizer test kits required (04345) .............................. 66

Thawing

for immediate service (03510) ..................................... 45

four inch thickness for temporary events (09215) ..... 122

methods (03510) .......................................................... 45

washing sink, before and after (04525) ........................ 68

Thermometers

accuracy required (04220) ........................................... 60

calibrated (04580) ........................................................ 71

cleaned before use and storage (04605) ...................... 72

definition (temperature measuring device) ................. 14

glass, limited use (04202) ............................................. 59

hot or cold holding equipment (04248) ....................... 62

manual warewashing (04340) ...................................... 66

probe requirement for thin foods (04335) ................... 66

provided and accessible (04335) .................................. 66

warewashing machines (04254) ................................... 63

Time

as a public health control

egg restriction for HSP (03530) ................................ 49

requirements (03530) .............................................. 49

correction schedule for violations (08435) ................. 111

Time/temperature control for safety food (TCS)

cooking ................................................................... 41–43

cooling (03520) ............................................................. 46

definition ..................................................................... 14

hot and cold holding (03525) ....................................... 47

receiving (03235) ......................................................... 29

reheating for hot holding (03440) ............................... 44

slacking (03505) ........................................................... 45

thawing (03510) ........................................................... 45

time as a public health control (03530) ....................... 49

Toilets ........................................................ See Restrooms

Toxics .................................................. See also Chemicals

bed and breakfasts (09305) ....................................... 124

DFDO (09405) ............................................................ 125

imminent health hazard (08455) ............................... 112

must be labeled (07105) .............................................. 99

preschools (09505) .................................................... 129

restricted use (07205) .................................................. 99

retail sale (07300) ...................................................... 102

storage and display (07200) ......................................... 99

Tracking powders

prohibited or nontoxic (07255) .................................. 101

Traps, insect and rodent ...................................... See Pest

Two-compartment sink

alternatives to three-compartment sink

bed and breakfast operation (09310) .................... 124

DFDO (09410) ........................................................ 126

mobile units (09155) ............................................. 121

temporary food establishment (09235) ................ 123

warewashing equipment (04305) ............................ 65

Unattended cooking and hot holding

monitoring requirements (03420) ............................... 43

Undercooking

consumer advisory (03620) ......................................... 53

Unpasteurized .......................................... See Pasteurized

Utensils

air-drying (04905) ........................................................ 76

characteristics and limitations (04135) .................. 57–58

cleaning frequency (04605) ......................................... 72

consumer self-service availability (04330) ................... 66

definition ..................................................................... 15

durable (04200) ........................................................... 58

in-use storage (03333) ................................................. 36

polishing with dry cloth (04900) .................................. 76

preventing contamination (04930) .............................. 77

sanitization after cleaning (04700) .............................. 74

storage (04920) ............................................................ 76

V type threads

food-contact surface, use limitation (04208) ............... 59

water tank inlet or outlet (05315) ............................... 83

Variance

approval (08110) ........................................................ 103

cooking raw animal foods (03400(4)) .......................... 42

definition ..................................................................... 16

HACCP (08215) ....................................................... 104–5

maintain at food establishment (08120) ................... 103

molluscan shellfish tanks (04244) ................................ 62

specialized food processing (03535) ............................ 49

Vending machines

condiments (03366) ..................................................... 39

definition ..................................................................... 16

dispensing TCS (03357) ................................................ 39

doors and openings (04270) ........................................ 64

Index Page 145

liquid waste (04266) ..................................................... 64

Ventilation

easily cleanable (04226) ............................................... 60

hood adequacy (04315) ................................................ 65

mechanical capacity (06345) ........................................ 93

Voluntary destruction of food

foods that need discard or reconditioning (03700) ...... 54

procedure (03705) ........................................................ 54

Vomiting

condition of exclusion (02220) ..................................... 21

employee reporting (02205) ........................................ 20

removal of exclusion (02250) ....................................... 22

written procedures for clean up (02500) ..................... 25

Warewashing

agents (04530) .............................................................. 69

air-drying requirement (04900) .................................... 76

chemical sanitization (04710) ....................................... 74

data plate with operating specifications (04250) ......... 63

definition ...................................................................... 16

frequency (04605) ........................................................ 71

manual

hot water sanitization (04256) ................................. 63

sink compartment requirements (04305) ................ 65

sink use limitation (04525) ....................................... 68

mechanical

automatic dispensers required (04258) ................... 63

cleaning solutions and temperatures (04545) ......... 69

high temp irreversible indicator (04340(2)) ............. 66

operating instructions followed (04520) .................. 68

pressure measuring device accuracy (04224) .......... 60

pressure measuring device present (04260) ............ 63

mechanical sanitization temperatures (04555) ............ 69

procedures, manual and mechanical (04640) .............. 74

proper loading (04630) ................................................. 73

requirement for preschools (09510) .......................... 129

sink compartment requirements (04305) .................... 65

temperature measuring devices (04254) ..................... 63

wash water temperature, manual (04540) .................. 69

wash water temperature, mechanical (04545) ............ 69

Water

alternative supply (05150) ........................................... 80

cross contamination (05275) ....................................... 82

flow time, handwashing (05210) ................................. 80

hot, quantity and availability (05135) .......................... 79

pressure (05140) .......................................................... 79

quality standards (05115) ............................................ 79

quantity and availability (05135) ................................. 79

requirements (05150) ............................................ 79–80

source

approved system (05100) ........................................ 79

bottled drinking (05110) .......................................... 79

capacity (05135) ...................................................... 79

demonstration of knowledge by PIC (02105) .......... 18

system flushing and disinfection (05105) ................ 79

storage of in-use utensils (03333) ................................ 36

system (05145) ............................................................ 79

temperature, handwashing (05210) ............................ 80

thawing of food (03510) .............................................. 45

Water tank, mobile

rules relating to ...................................................... 83–84

Whole-muscle, intact beef

consumer advisory exemption (03200) ....................... 27

definition ..................................................................... 16

external cooking temperature (03400) ........................ 42

labeling required (03400) ............................................ 42

Wiping cloths

air drying (04905) ......................................................... 76

use limitation (03339) .................................................. 37

washing frequency (04815) ......................................... 75

washing in warewashing sink (04525) ......................... 68

Wood

containers for unprocessed foods (04130) .................. 58

food-contact surface, use limitation (04130) ............... 58

shavings, floor restriction (06530) ............................... 95

Page 146 Washington State Retail Food Code

LIST OF TABLES

Table A. Interaction of pH and A

for control of spores in FOOD heat-treated to destroy vegetative

cells and subsequently

PACKAGED _______________________________________________________ 15

Table B. Interaction of pH and A

for control of vegetative cells and spores in FOOD not heat-treated

or heat-treated but not

PACKAGED _______________________________________________________ 15

Table 3-1: Minimum Temperatures _______________________________________________________________ 41

Table 3-2: Temperature and Holding Time _________________________________________________________ 41

Table 3-3: Oven Temperature Based on Weight _____________________________________________________ 42

LIST OF ACRONYMS

BHC

Bare hand contact

CIP

Clean in place

DFDO

Donated food distributing organization

HSP

Highly susceptible population

PHF

Potentially hazardous food – see TCS

PIC

Person in charge

ROP

Reduced oxygen packaging

RTE

Ready-to-eat

TCS

Time/Temperature Control for Safety Food