(1) The regulatory authority shall apply this chapter to promote its underlying purpose, as specified under WAC 246-215-01105, of safeguarding public health and ensuring that food is safe, unadulterated, 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;

(c) Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with WAC 246-215-04300; and

(d) The existence of a documented agreement with the permit holder that the facilities or equipment will be replaced as specified under WAC 246-215-08350(7).