The purpose of this chapter is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.

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.

(1) The requirements of this chapter apply to an operation that meets the definition of a food establishment as defined in WAC 246-215-01115(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.

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.

(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) "aw" 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 aw.

(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 WAC 246-215-08325, a catering operation approved for a 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.

(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 sausages 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.

(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 safetyfood 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.

(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.

(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 nontime/temperature control for safety food prepackaged in a licensed food establishment or food processing plant;

(ii) An establishment that offers only nontime/temperature control for safety food, nonready-to-eat, minimally cut, unprocessed fruits, vegetables, and fresh herbs;

(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 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, with limited portioning, directly onto or into sanitary single-use articles or single-service articles;

(v) An establishment that offers only nontime/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 nontime/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 prepackaged 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 nontime/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 43.215.010 (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 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 by 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.

(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 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.

(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 foodestablishment 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.

(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;

(c) Substances necessary for the operation and maintenance of the establishment such as nonfood 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;

(c) There is no compensation provided for people bringing 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 foodestablishment personnel, facilities, or operations, and a foodestablishment 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) 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;

(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 WAC 246-215-03400 (1) through (3) or WAC 246-215-03405 or 246-215-03425; or

(ii) Is a raw or partially cooked animal food and the consumer is advised as specified under WAC 246-215-03400 (4)(a) and (c); or

(iii) Is prepared in accordance with a variance that is granted as specified under WAC 246-215-03400 (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 WAC 246-215-03400 or 246-215-03405, or frozen as specified under WAC 246-215-03425;

(ii) Raw fruits and vegetables that are washed as specified under WAC 246-215-03318;

(iii) Fruits and vegetables that are cooked for hot holding, as specified under WAC 246-215-03410;

(iv) All time/temperature control for safetyfood that is cooked to the temperature and time required for the specific food under WAC 246-215-03400 through 246-215-03445 and cooled as specified under WAC 246-215-03515;

(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.

(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 WAC 246-215-03369.

(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-servicearticles, 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.

(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

(c) Other materials that are not 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 preventing 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). 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.

(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 WAC 246-215-04100, 246-215-04200, and 246-215-04204 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 nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and

(c) A floor, wall, or ceiling having an even or level surface with no roughness or 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 (3)(d) of this definition, a food that because of the interaction of its AW and pH values is designated as product assessment required (PA) in Table A or B of this definition:

(c) time/temperature control for safety food does not include:

(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 Aw value, or interaction of Aw 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

(C) A combination of intrinsic and extrinsic factors; 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 or 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.

(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 more 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.

(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.

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 foodemployee;

(b) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a foodemployee who has a disease or medical condition that might cause foodborne disease;

(c) Describing the symptoms associated with the diseases that are transmissible 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-eatfoods;

(iii) Handwashing; and

(iv) Maintaining the foodestablishment in a clean condition and in good repair;

(i) Describing foods identified as majorfoodallergens and the symptoms that a majorfoodallergen could cause in a sensitive individual who has an allergic reaction;

(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 sanitizingutensils 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 foodestablishment 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 foodemployees comply with the haccp plan if a plan is required by the law, this chapter, or an agreement between the regulatory authority and the foodestablishment;

(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.

(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.

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 WAC 246-215-02105, and fulfill the duties as described in WAC 246-215-02115 to maintain active managerial control.

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 WAC 246-215-06290;

(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;

(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, unadulterated, 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, unadulterated 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 WAC 246-215-04220 and 246-215-04580(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-eatfoods of animal origin are informed as specified under WAC 246-215-03620 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 WAC 246-215-03345;

(13) Except when approval is obtained from the regulatory authority as specified under WAC 246-215-03300(5), employees are preventing cross-contamination of ready-to-eatfood 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;

(15) foodemployees 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 WAC 246-215-02205; 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.

(1) The permit holder and person in charge of the foodestablishment shall ensure that all foodemployees are in compliance with the provisions of chapter 69.06 RCW and chapter 246-217 WAC for obtaining and renewing valid foodworker cards.

(2) The permit holder and person in charge of the foodestablishment shall display or file the original or a copy of the foodworker card of each foodemployee 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 foodworker cards.

The permit holder shall require foodemployees 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 foodemployee 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.

(1) foodemployees 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 WAC 246-215-02235;

(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

(c) Have an illness diagnosed by a 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, foodemployees and conditional employees in a foodestablishment 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;

(c) Live in the same household as someone who works at or attended a setting 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 spp.;

(iii) Salmonella Typhi;

(iv) Hepatitis A virus or jaundice; or

(v) Norovirus.

The person in charge shall ensure that a conditional employee who exhibits or reports symptoms or a diagnosed disease as described in WAC 246-215-02205(1) does not become a foodemployee until they meet the requirements for the removal of restriction or exclusion in WAC 246-215-02245 and 246-215-02250. A conditional employee that reports a history of exposure to disease in WAC 246-215-02205 (2)(a) through (d) may not become a food employee in a foodestablishment serving a highly susceptible population until the requirements in WAC 246-215-02250 are met.

The person in charge shall notify the local health officer and the regulatory authority, if not the same agency, when a foodemployee is:

(1) Jaundiced; or

(2) Diagnosed with an illness due to a pathogen as specified under WAC 246-215-02205 (1)(c) and (2)(a).

Except as provided in WAC 246-215-02235, the person in charge of a foodestablishment shall exclude any foodemployee 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 foodestablishment serving a highly susceptible population; or

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

The person in charge of a foodestablishment shall restrict any foodemployee 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 WAC 246-215-02205 (2)(a) through (d) and works in a foodestablishment serving a highly susceptible population; or

(3) A sore throat with fever.

The person in charge of a foodestablishment 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 foodemployee suspected to be infected with a disease agent that can be transmitted from a foodemployee through food.

A 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, hepatitis C, cancer or pregnancy.

The person in charge of a foodestablishment and foodemployees shall comply with orders issued by the local health officer for excluding employees from a foodestablishment or restricting employee activities due to a diagnosed or suspected infection by a disease agent that can be transmitted from a foodemployee through food until the local health officer rescinds the order.

Except as specified under WAC 246-215-02250, the person in charge shall obtain approval from the local health officer before reinstating a foodemployee 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.

The person in charge shall adhere to the following conditions when reinstating a foodemployee 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 or restriction 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.

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 WAC 246-215-02205(2).

foodemployees shall keep their hands and exposed portions of their arms clean.

(1) Except as specified in subsection (4) of this section, foodemployees 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 WAC 246-215-05210 and Part 6, Subpart C of this chapter.

(2) foodemployees 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;

(c) Rub together vigorously for at least ten to fifteen seconds while:

(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

(e) Immediately follow the cleaning procedure with thorough drying using a method as specified under WAC 246-215-06310.

(3) To avoid recontaminating their hands or surrogate prosthetic devices, foodemployees 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 foodemployees to clean their hands or surrogate prosthetic devices.

foodemployees shall clean their hands and exposed portions of their arms as specified under WAC 246-215-02305 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 WAC 246-215-02415(2);

(4) Except as specified under WAC 246-215-02400(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-eatfood;

(8) Before donning gloves for working with ready-to-eatfood unless a glove change is not the result of contamination; and

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

foodemployees 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.

(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 for 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

(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

(c) Be applied only to hands that are cleaned as specified under WAC 246-215-02305.

(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.

(1) foodemployees 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 foodemployee may not wear fingernail polish or artificial fingernails while preparing food.

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.

food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.

(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

(c) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

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.

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.

(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.

(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 WAC 246-215-06570 (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 WAC 246-215-02305 and 246-215-02310(3).

(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.

food must be safe, unadulterated, and, as specified under WAC 246-215-03605, honestly presented.

(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 a 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 WAC 246-215-03265 and 246-215-03270.

(4) fish, other than those specified under WAC 246-215-03425 (2)(a) through (f), that are intended for consumption in raw or undercooked form and allowed as specified under WAC 246-215-03400(4) may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under WAC 246-215-03425; or if they are frozen on the premises as specified under WAC 246-215-03425 and records are retained as specified under WAC 246-215-03430.

(5) whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified under WAC 246-215-03400(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

(c) If individually cut in a 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-eatfood 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).

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.

Fluid milk and milk products must be obtained from sources that comply with grade a standards as specified in law.

(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.

(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.

(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);

(c) Lobster (Hypomyces lactifluorum growing on Russula brevipes);

(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, email and telephone number of the mushroom identifier;

(c) The province, state, and county or counties where harvested;

(d) The date or dates of harvest;

(e) The date of sale to the foodestablishment; 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.

(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.

(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 safetyfood 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 WAC 246-215-03440(3), or immediately cooled in accordance with WAC 246-215-03515(3).

(5) time/temperature control for safety food that is cooked to a temperature and for a time specified under WAC 246-215-03400 through 246-215-03410 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.

food may not contain unapproved additives 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.

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.

(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.

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.

Ice used as a food or a cooling medium must be made from drinking water.

(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.

(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:

(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 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.

When received by a foodestablishment, 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.

Prepackaged 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.

(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.

(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 WAC 246-215-03270 and recorded as specified under WAC 246-215-03290; 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 WAC 246-215-03265 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 WAC 246-215-03265 and 246-215-03610 (1) and (2)(a) through (e);

(b) The labeling information as specified under WAC 246-215-03265 is retained and correlated with the date when, or dates during which, the shellfish is sold or served;

(c) The labeling information and dates specified under (b) of this subsection are 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 WAC 246-215-03270;

(b) The tag or label information as specified under WAC 246-215-03270 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;

(c) The shellstock are protected from contamination; and

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

(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

(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.

(1) food employees shall wash their hands as specified under WAC 246-215-02305.

(2) Except when washing fruits and vegetables as specified under WAC 246-215-03318 or as specified in subsection (4) of this section, food employees may not contact exposed, ready-to-eatfood 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 WAC 246-215-05230, 246-215-05255, 246-215-05265, 246-215-05270, 246-215-06305, 246-215-06310, and 246-215-06320, are in an easily accessible location and in close proximity to the work station where bare hand contact procedure is conducted.

(c) A written employee health policy that details 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 WAC 246-215-02200, 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 WAC 246-215-02205 and 246-215-02240; and

(iii) Documentation that the person in charge acknowledges the responsibilities as specified in WAC 246-215-02215, 246-215-02220, 246-215-02255, and 246-215-08520.

(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 WAC 246-215-02305;

(iii) When to wash their hands as specified under WAC 246-215-02310;

(iv) Where to wash their hands as specified under WAC 246-215-02315;

(v) Proper fingernail maintenance as specified under WAC 246-215-02325;

(vi) Prohibition of jewelry as specified under WAC 246-215-02330; and

(vii) Good hygienic practices as specified under WAC 246-215-02400 and 246-215-02405.

(e) Documentation that hands are washed before food preparation and as necessary to prevent cross contamination by food employees as specified under WAC 246-215-02300, 246-215-02305, 246-215-02310, and 246-215-02315 during all hours of operation when ready-to-eat foods are prepared;

(f) Documentation that food employees contacting ready-to-eatfood with bare 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 WAC 246-215-02320;

(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.

A food employee may not use a utensil more than once to taste food that is to be sold or served.

(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.

(c) Cleaning equipment and utensils as specified under WAC 246-215-04605(1) and sanitizing as specified under WAC 246-215-04710;

(d) Except as specified under WAC 246-215-03520 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 WAC 246-215-06415; and

(h) Separating fruits and vegetables, before they are washed as specified under WAC 246-215-03318 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;

(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;

(c) Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;

(d) food being cooled as specified under WAC 246-215-03520; or

(e) shellstock.

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.

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 WAC 246-215-03400 (1)(a) or (b); or

(2) Included in WAC 246-215-03400(4).

(1) food must be protected from contamination that might result from the addition of, as specified under WAC 246-215-03240:

(a) Unsafe or unapproved foodadditives or color additives; and

(b) Unsafe or unapproved levels of approved food additives and color additives.

(2) A foodemployee 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 B1; 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 foodestablishment.

(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 WAC 246-215-07225.

(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.

Except eggs that are used in batters or mixed immediately before cooking, mixing four or more raw eggs, egg whites, or egg yokes is prohibited.

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.

(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, unpackaged food 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.

food must only contact surfaces of:

(1) equipment and utensils that are cleaned as specified under WAC 246-215-04600 through 246-215-04650 and sanitized as specified under WAC 246-215-04700 through 246-215-04710;

(2) single-service articles and single-use articles; or

(3) linens, such as cloth napkins, as specified under WAC 246-215-03336 that are laundered as specified under Part 4, Subpart B of this chapter.

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 nottime/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 WAC 246-215-04605 and 246-215-04705;

(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 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 WAC 246-215-04605 (4)(g).

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.

(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 WAC 246-215-04565; and

(b) Laundered daily as specified under WAC 246-215-04805(4).

(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 WAC 246-215-04565 must be discarded after each use.

(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.

(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 WAC 246-215-04230 (1), (2), and (4).

(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;

(c) Returned to the 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;

(c) Facilities for rinsing before refilling returned containers with fresh, hot water that is 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 WAC 246-215-04230 (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 WAC 246-215-04230 (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 WAC 246-215-04230; and

(c) Request a food employee of the food establishment to refill a visually clean consumer-owned container with food using a contamination-free process.

(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

(c) At least six inches (15 cm) above the floor.

(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 WAC 246-215-04268.

(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.

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.

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.

During preparation, unpackaged food must be protected from environmental sources of contamination.

(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.

(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.

(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.

(1) Raw unpackaged animal food such as beef, lamb, pork, poultry, and fish 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

(c) Raw, frozen shrimp, lobster, finfish, calamari, or adductor muscle of scallop; or frozen, breaded seafood.

(2) consumer self-service operations for ready-to-eatfoods 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 by 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.

(1) Except as specified in subsections (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 WAC 246-215-03800(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 WAC 246-215-03318, 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.

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.

(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 intact meat, including game animals commercially raised for food as specified under WAC 246-215-03230 (1)(a) and game animals under a voluntary inspection program as specified under WAC 246-215-03230 (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 foodemployees 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 WAC 246-215-03230 (1)(a), game animals under a voluntary inspection program as specified under WAC 246-215-03230 (1)(a); and raw eggs that are not prepared as specified under (a)(i) of this subsection; or

(c) 165°F (74°C) or above for <1 second (instantaneous) for poultry; baluts; wild 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:

(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

(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 WAC 246-215-03200(5); and

(c) The steak is cooked on both the top and the bottom to a surface temperature of 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 WAC 246-215-03800 (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

(c) The consumer is informed as specified under WAC 246-215-03620 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 WAC 246-215-08110 based on a haccp plan that:

(i) Is submitted by the permit holder and approved as specified under WAC 246-215-08115;

(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.

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.

Plant foods that are cooked for hot holding must be cooked to a temperature of at least 135°F (57°C).

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 WAC 246-215-03515(1);

(3) After cooling, held frozen or cold, as specified for time/temperature control for safety food under WAC 246-215-03525 (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 WAC 246-215-03400 (1) through (3);

(5) Cooled according to the time and temperature parameters specified for cooked time/temperature control for safety food under WAC 246-215-03515(1) if not either hot held as specified under WAC 246-215-03525(1), served immediately, or held using time as a public health control as specified under WAC 246-215-03530 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;

(c) Describe how the requirements specified under subsections (1) through (5) of this 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 WAC 246-215-03306(1).

Unattended cooking and unattended hot holding are prohibited without continuous temperature monitoring under an approved plan.

(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

(c) Frozen at -31°F (-35°C) or below until solid and stored at -4°F (-20°C) or below for 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;

(c) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern); or

(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 WAC 246-215-03620 (2) and (3)(d).

(1) Except as specified under WAC 246-215-03425(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 WAC 246-215-03425 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 WAC 246-215-03425 (2)(c), a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified under WAC 246-215-03425 (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.

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.