PART 1: INTENT, SCOPE, AND DEFINITIONS

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

1-102.10)

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

is safe, not ADULTERATED, and honestly presented.

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

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

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

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

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

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

01110 Applicability

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

FOOD ESTABLISHMENT as defined in 01115(50).

(2) When a LOCAL BOARD OF HEALTH adopts rules with more stringent provisions than those

contained in this chapter, the more stringent rules apply.

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

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

otherwise.

(1) "ACCREDITED PROGRAM."

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.

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.

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."

"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).

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

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

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

Section 402.

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

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

public health.

(6) “ASIAN RICE-BASED NOODLES” means a rice-based pasta that contains rice powder,

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

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

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

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

Fahrenheit, for not less than four minutes.

Page 2 Washington State Retail Food Code

(7) "ASYMPTOMATIC."

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.

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."

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.

Consistent with its application under 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."

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.

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:

To combine SHELLSTOCK harvested on different days or from different growing

areas as identified on the tag or label, or

To combine SHUCKED SHELLFISH from containers with different container codes or

different shucking dates.

Part 1 – Intent, Scope, and Definitions 3

(19) "COMMINUTED."

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

grinding, or mincing.

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

restructured or reformulated such as gefilte FISH, gyros, ground beef, and

sausage; and a mixture of two or more types of MEAT that have been reduced in

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

(20) "COMMISSARY" means an APPROVED FOOD ESTABLISHMENT where FOOD is stored,

prepared, portioned, or PACKAGED for service elsewhere.

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

made, conditional on responses to subsequent medical questions or examinations

designed to identify potential FOOD EMPLOYEES who may be suffering from a disease

that can be transmitted through FOOD and done in compliance with Title 1 of the

Americans with Disabilities Act of 1990.

(22) "CONFIRMED DISEASE OUTBREAK" means a FOODBORNE DISEASE OUTBREAK in which

laboratory analysis of appropriate specimens identifies a causative agent and

epidemiological analysis implicates the FOOD as the source of the illness.

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

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

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

(24) "CORROSION-RESISTANT" means a material that maintains acceptable surface

cleanability characteristics under prolonged influence of the FOOD to be contacted, the

normal use of cleaning compounds and SANITIZING solutions, and other conditions of

the use environment.

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

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

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

loss of control might result in an unacceptable health RISK.

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

or chemical parameter must be controlled at a CRITICAL CONTROL POINT to minimize the

RISK that the identified FOOD safety HAZARD might occur.

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

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

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

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

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

does not include removing and discarding the exterior leaves.

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

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

processor of MOLLUSCAN SHELLFISH according to the provisions of the National Shellfish

Sanitation Program.

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

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

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

undercooked, or without otherwise being processed to eliminate pathogens.

(31) "DONATED FOOD DISTRIBUTING ORGANIZATION" means a FOOD ESTABLISHMENT that is a

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

Code that distributes FOOD free of charge to the needy.

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

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

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

Page 4 Washington State Retail Food Code

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

FOOD for donation to needy PERSONS through a DONATED FOOD DISTRIBUTING

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

(34) "DRINKING WATER."

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

Drinking Water Regulations.

DRINKING WATER is traditionally known as "potable water."
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.

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

246-290 and 246-291 WAC.

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

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

dry goods such as SINGLE-SERVICE ARTICLES.

(36) "EASILY CLEANABLE."

EASILY CLEANABLE means a characteristic of a surface that:
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.

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:

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:

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

means to safely tilt a unit of EQUIPMENT for cleaning; and

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."

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

quail, RATITES, turkey, or any other species of fowl.

EGG does not include:
A BALUT;

(ii) The EGG of a reptile species such as alligator; or

(iii) An EGG PRODUCT.

(39) "EGG PRODUCT."

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

from the shell and pasteurized in a FOOD PROCESSING PLANT, with or without added

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

EGGS.

Part 1 – Intent, Scope, and Definitions 5

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."

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.

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."

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.

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 surface of EQUIPMENT or a UTENSIL with which FOOD normally comes into

contact; or

A surface of EQUIPMENT or a UTENSIL from which FOOD might drain, drip or splash:
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."

FOOD ESTABLISHMENT means an operation that:
Stores, prepares, PACKAGES, serves, and vends FOOD directly to the

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

restaurant; satellite or catered feeding location; CATERING OPERATION if the

operation provides FOOD directly to a CONSUMER or to a conveyance used to

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

people; institution; or FOOD bank; and

(ii) Relinquishes possession of FOOD to a CONSUMER directly, or indirectly

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

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

carriers.

Page 6 Washington State Retail Food Code

FOOD ESTABLISHMENT includes:
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.

FOOD ESTABLISHMENT does not include:
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 or;

(iii) A FOOD PROCESSING PLANT, cottage FOOD operation, or other establishment

for activities regulated by the Washington State Department of Agriculture

or the United States Department of Agriculture;

(iv) An establishment that offers only 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;

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;

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

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

ESTABLISHMENT;

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

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

RCW 70.128.010, used only to prepare FOOD for residents and other people

for whom the operation is licensed to provide care;

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

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

(xiv) A DONOR KITCHEN;

(xv) A location used for a POTLUCK;

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

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

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

Part 1 – Intent, Scope, and Definitions 7

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

direct hand contact and served directly into SINGLE-SERVICE ARTICLES; and

(xvii) A BED AND BREAKFAST OPERATION that prepares and offers FOOD to guests if

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

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

informed in published advertisements, mailed brochures, and placards

posted at the registration area that the FOOD is prepared in a kitchen that is

not regulated or inspected by the REGULATORY AUTHORITY.

(51) "FOOD PROCESSING PLANT."

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.

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."

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.

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.

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."

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.

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:

Immunocompromised, PRESCHOOL age children, or older adults; and
Obtaining FOOD at a facility that provides services in a custodial care, health care,

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

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

socialization services such as a senior center.

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

Page 8 Washington State Retail Food Code

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

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

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

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

electrical or water service, SEWAGE backup, misuse of POISONOUS OR TOXIC MATERIALS,

onset of an apparent FOODBORNE DISEASE OUTBREAK, gross insanitary occurrence or

condition, or other circumstance that might endanger public health.

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

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

pumping."

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

COMMINUTION, INJECTION, MECHANICAL TENDERIZATION, or reconstruction.

(65) "JUICE."

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.

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."

MAJOR FOOD ALLERGEN means:
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

(i) of this subsection.
MAJOR FOOD ALLERGEN does not include:
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."

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.

MECHANICALLY TENDERIZED does not include processes by which solutions are

INJECTED into MEAT.

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

(ppm).

(75) "MOBILE FOOD UNIT" means a readily movable FOOD ESTABLISHMENT.

Part 1 – Intent, Scope, and Definitions 9

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

operate a MOBILE FOOD UNIT within the jurisdiction of the REGULATORY AUTHORITY where

the business is primarily located.

(77) “MOBILE SECONDARY PERMIT” means a PERMIT issued by a REGULATORY AUTHORITY to an

applicant holding a valid MOBILE PRIMARY PERMIT as detailed in RCW 43.20.149.

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

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

consists only of the shucked adductor muscle.

(79) "NONCONTINUOUS COOKING."

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.

NONCONTINUOUS COOKING does not include cooking procedures that only involve

temporarily interrupting or slowing an otherwise continuous cooking process.

(80) "PACKAGED."

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

wrapped, whether PACKAGED in a FOOD ESTABLISHMENT or a FOOD PROCESSING

PLANT.

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:

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:

Is legally responsible for the operation of the FOOD ESTABLISHMENT such as the

owner, the owner's agent, or other PERSON; and

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."

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.

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

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

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

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

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

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

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

ESTABLISHMENT including accessories such as soap and towel dispensers and

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

Page 10 Washington State Retail Food Code

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

Is permanently or temporarily connected to the water distribution system of the

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

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:

Cleaners and SANITIZERS, which include cleaning and SANITIZING agents and

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

Pesticides, except SANITIZERS, which include substances such as insecticides and

rodenticides;

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

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:

People are gathered to share FOOD;
People attending the event are expected to bring FOOD to share;
There is no compensation provided for people bringing FOOD to the event;
There is no charge for any FOOD or BEVERAGE provided at the event; and
The event is not conducted for commercial purposes.

(92) "POULTRY" means:

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

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:

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

control of the PERMIT HOLDER; or

The PHYSICAL FACILITY, its contents, and the land or property not described under
of this subsection if its facilities and contents are under control of the PERMIT

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

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

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

(94) "PRESCHOOL."

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.

A PRESCHOOL does not include:
Programs where the parent or guardian is present at each session;

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

(iii) Short-term parks and recreation programs;

Part 1 – Intent, Scope, and Definitions 11

(iv) Informal parent and child groups;

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."

READY-TO-EAT FOOD means FOOD that:
Is in a form that is edible without additional preparation to achieve FOOD

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

(ii) Is raw or partially cooked animal FOOD and the CONSUMER is advised as

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

(iii) Is prepared in accordance with a VARIANCE that is granted as specified

under 03400 (4)(d); and

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

gastronomic, or culinary purposes.

READY-TO-EAT FOOD includes:
Raw animal FOOD that is cooked as specified under 03400 or 03405, or

frozen as specified under 03425;

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

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

03410;

(iv) All TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is cooked to the

temperature and time required for the specific FOOD under 03400 through

03445 and cooled as specified under 03515;

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

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

naturally present, are removed;

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

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

cooking is not required for FOOD safety;

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

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

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

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

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

and

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

Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.

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

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

Establishment Inspection Report form.

Page 12 Washington State Retail Food Code

(101) "REDUCED OXYGEN PACKAGING."

REDUCED OXYGEN PACKAGING means:
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.

REDUCED OXYGEN PACKAGING includes:
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

Sous vide packaging, in which raw or partially cooked FOOD is vacuum

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

refrigerated at temperatures that inhibit the growth of psychrotrophic

pathogens.

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

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

authorized representative having jurisdiction over the FOOD ESTABLISHMENT. The LOCAL

BOARD OF HEALTH, acting through the LOCAL HEALTH OFFICER, is the REGULATORY

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

LAW.

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

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

pathogens.

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

after being served or sold and in the possession of the CONSUMER, to another PERSON.

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

03369.

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

transmitting a disease that is transmissible through FOOD and the FOOD EMPLOYEE does

not work with exposed FOOD, clean EQUIPMENT, UTENSILS, LINENS, unwrapped

SINGLE-SERVICE ARTICLES or unwrapped SINGLE-USE ARTICLES.

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

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

Part 1 – Intent, Scope, and Definitions 13

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

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

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

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

as a result of a HAZARD in a FOOD.

(110) "SAFE MATERIAL" means:

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;

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

Cosmetic Act; or

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

pre-venting or interrupting impulsive or destructive behaviors.

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

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

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

transportation vehicle returns regularly for such things as vehicle and EQUIPMENT

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

boarding FOOD.

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

solution and may include liquids containing chemicals in solution.

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

government entity legally responsible for administering a program that includes

certification of MOLLUSCAN SHELLFISH harvesters and DEALERS for interstate commerce.

(117) "SHELLSTOCK" means raw, in-shell MOLLUSCAN SHELLFISH.

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

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

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

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

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

and E. coli O145.

(119) "SHUCKED SHELLFISH" means MOLLUSCAN SHELLFISH that have one or both shells

removed.

Page 14 Washington State Retail Food Code

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

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

designed and constructed for one-time, one-PERSON use after which they are intended

for discard.

(121) "SINGLE-USE ARTICLES."

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

constructed to be used once and discarded.

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

wrap, formed aluminum FOOD containers, jars, plastic tubs or buckets, bread

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

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

04200, and 04204 for multiuse UTENSILS.

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

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

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

cooking of previously block-frozen FOOD such as shrimp.

(123) "SMOOTH" means:

A 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;

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

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

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:

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

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)).

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

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

toxin formation.

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD includes:
An animal FOOD that is raw or heat-treated; a plant FOOD that is heat-treated

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

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

unable to support pathogenic microorganism growth or toxin formation,

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

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

toxin formation; and

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

because of the interaction of its Aw and pH values is designated as product

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

Part 1 – Intent, Scope, and Definitions 15

Table A. Interaction of pH and Aw for control of spores in FOOD heat-treated to

destroy vegetative cells and subsequently PACKAGED

Aw values pH values

4.6 or less >4.6 - 5.6 >5.6

≤0.92 non-TCS FOOD non- TCS FOOD non-TCS FOOD

>0.92 - .95 non-TCS FOOD non- TCS FOOD PA

>0.95 non-TCS FOOD PA PA

Table B. Interaction of pH and Aw for control of vegetative cells and spores in

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

AW values pH values

<4.2 4.2 - 4.6 >4.6 - 5.0 >5.0

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

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

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

>0.92 non-TCS FOOD PA PA PA

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD does not include:
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

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.

Page 16 Washington State Retail Food Code

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

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

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

the modification or waiver.

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

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

dispenses unit servings of FOOD in bulk or in PACKAGES without the necessity of

replenishing the device between each vending operation.

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

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.

Part 2 – Management and Personnel Page 17