PART 3: FOOD

Subpart A - Characteristics

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

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

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

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

(1) FOOD must be obtained from sources that comply with LAW.

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

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

03265 and 03270.

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

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

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

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

03425 and records are retained as specified under 03430.

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

undercooked form without a CONSUMER advisory as specified under 03400(3) must be:

1. 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

2. 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

3. If individually cut in a FOOD ESTABLISHMENT:
4. Cut from WHOLE-MUSCLE, INTACT BEEF that is labeled by a FOOD PROCESSING

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

this subsection;

(ii) Prepared so they remain intact; and

(iii) If PACKAGED for undercooking in a FOOD ESTABLISHMENT, labeled as

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

subsection.

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

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

handling instructions as specified in LAW, including 9 C.F.R. 317.2(I) and 9 C.F.R.

381.125(b).

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

labeled to include safe handling instructions as specified in LAW, including 21 C.F.R.

101.17(h).

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

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

that is regulated by the FOOD regulatory agency that has jurisdiction over the plant.

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

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

STANDARDS as specified in LAW.

Page 28 Washington State Retail Food Code

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

(1) FISH that are received for sale or service must be:

1. Commercially and legally caught or harvested; or
2. APPROVED for sale or service.

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

service.

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

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

requirements specified in the United States Department of Health and Human

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

the Control of Molluscan Shellfish.

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

listed in the Interstate Certified Shellfish Shippers List.

03225 Sources--Wild mushrooms.

(1) The PERMIT HOLDER shall obtain wild harvested mushrooms only from sources in

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

mushroom is individually identified in the fresh state.

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

in a FOOD ESTABLISHMENT:

1. Hedgehog (Hydnum repandum, H. umbilicatum);
2. Porcini/King Bolete (Boletus edulis);
3. Lobster (Hypomyces lactifluorum growing on Russula brevipes);
4. Pacific Golden Chanterelle (Cantharellus formosus, C. cascadensis, C. cibarius

var roseocanus);

5. White Chanterelle (Cantharellus subalbidus);
6. Yellow Foot/Winter Chanterelle (Craterellus tubaeformis);
7. Black Trumpet (Craterellus cornucopioides);
8. Saffron milk cap (Lactarius deliciosus);
9. Coral Hydnum/Bears Tooth (Hericium coralloides, H. abietis, H. americanum);
10. Oyster (Pleurotus populinus, P. pulmonarius, P. ostreaus);
11. Cauliflower mushroom (Sparassis crispa);
12. Oregon Black Truffle (Leucangium carthusianum);
13. Oregon White Truffle (Tuber gibbosum, T. oregonense);
14. Blue Chanterelle (Polyozellus multiplex);
15. Morchella species including, but not limited to, Black Morels (Morchella elata) and

Blonde Morels (Morchella esculenta);

16. 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:

1. The common name and Latin binomial name of the mushroom;
2. The name, original signature, business name, mailing address, e-mail and

telephone number of the mushroom identifier;

3. The province, state, and county or counties where harvested;
4. The date or dates of harvest;

Part 3 – Food Page 29

5. The date of sale to the FOOD ESTABLISHMENT; and
6. The amount of product by weight.

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

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

REGULATORY AUTHORITY.

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

(1) If GAME ANIMALS are received for sale or service they must be:

1. Commercially raised for FOOD and:
2. 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

3. Under a voluntary inspection program administered by the USDA for GAME ANIMALS

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

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

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

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

Products Thereof.

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

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

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

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

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

or below when received.

(2) If a temperature other than 41°F (5°C) for a TIME/TEMPERATURE CONTROL FOR SAFETY

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

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

(3) Raw EGGS must be received in refrigerated EQUIPMENT that maintains an ambient air

temperature of 45°F (7°C) or less.

(4) Freshly made ASIAN RICE-BASED NOODLES received at ambient temperatures directly

from a noodle processing facility licensed by Washington State Department of

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

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

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

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

of 135°F (57°C) or above.

(6) A FOOD that is labeled frozen and shipped frozen by a FOOD PROCESSING PLANT must be

received frozen.

(7) Upon receipt, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD must be free of evidence

of previous temperature abuse.

Page 30 Washington State Retail Food Code

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

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

specified in 21 C.F.R. 170-180 relating to FOOD ADDITIVES, generally recognized as safe or

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

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

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

180 Tolerances for Pesticides Chemicals in Food, and exceptions.

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

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

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

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

Marketing Service of USDA.

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

3-202.14).

(1) EGG PRODUCTS must be obtained pasteurized.

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

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

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

original intact container and not used as an ingredient.

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

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

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

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

Products, for curing certain cheese varieties.

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

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

FOOD is not exposed to adulteration or potential contaminants.

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

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

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

Food Code 3-202.17).

(1) Raw SHUCKED SHELLFISH must be obtained in nonreturnable packages which bear a

legible label that identifies the:

1. Name, address, and CERTIFICATION NUMBER of the shucker, packer, or repacker of

the MOLLUSCAN SHELLFISH; and

2. The "sell by" or "best if used by" date for packages with a capacity of less than

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

(one-half gallon) or more.

(2) A package of raw SHUCKED SHELLFISH that does not bear a label or which bears a label

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

section is subject to a hold order, as allowed by LAW, or seizure and destruction in

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

Interstate Shipments, Section 1240.60(d) Molluscan Shellfish.

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

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

labels that are affixed by the harvester or DEALER that depurates, ships, or reships the

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

Control of Molluscan Shellfish, and that list:

Part 3 – Food Page 31

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

label, the following information in the following order:

2. 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

3. 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

4. Except as specified in subsection (4) of this section, on each DEALER'S tag or

label, the following information in the following order:

5. The DEALER'S name and address, and the CERTIFICATION NUMBER assigned

by the SHELLFISH CONTROL AUTHORITY;

(ii) The original shipper's CERTIFICATION NUMBER including the abbreviation of

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

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

(iv) of this subsection; and

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

REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR

RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS."

(2) A container of SHELLSTOCK that does not bear a tag or label or that bears a tag or label

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

section is subject to a hold order, as allowed by LAW, or seizure and destruction in

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

Interstate Shipments, Section 1240.60(d).

(3) If a place is provided on the harvester's tag or label for a DEALER'S name, address and

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

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

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

labels need not be provided.

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

When received by a FOOD ESTABLISHMENT, SHELLSTOCK must be reasonably free of mud, dead

shellfish, and shellfish with broken shells. Dead shellfish or SHELLSTOCK with badly broken

shells must be discarded.

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

3-202.110).

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.

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

Code 3-203.11).

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

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

immediately before sale or preparation for service.

Page 32 Washington State Retail Food Code

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

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

specified by a CONSUMER may be removed from the display or display container and

provided to the CONSUMER if:

1. The source of the SHELLSTOCK on display is identified as specified under 03270

and recorded as specified under 03290; and

2. 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:

1. The labeling information for the shellfish on display as specified under 03265 is

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

sold or served; and

2. 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:

1. The labeling information for the shellfish is on each CONSUMER self-service

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

2. The labeling information as specified under 03265 is retained and correlated with

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

3. The labeling information and dates specified under (b) of this subsection are

maintained for ninety days; and

4. 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:

1. Each self-service container of SHELLSTOCK is plainly marked with the harvest area

name, harvest area date, and original shellfish DEALER'S CERTIFICATION NUMBER,

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

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

product with tag or label information as specified under 03270;

2. The tag or label information as specified under 03270 for SHELLSTOCK is retained

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

during which, the SHELLSTOCK sold;

3. The SHELLSTOCK are protected from contamination; and
4. The packaging material allows air to get to the shellfish.

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

3-203.12).

(1) Except as specified under subsection (3)(b) of this section, SHELLSTOCK tags or labels

must remain attached to the container in which the SHELLSTOCK are received until the

container is empty.

(2) The date range when the first and last SHELLSTOCK from the container is sold or served

must be recorded on the tag or label.

(3) The identity of the source of SHELLSTOCK that are sold or served must be maintained by

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

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

1. 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

2. If SHELLSTOCK are removed from its tagged or labeled container:
3. Preserving source identification by using a recordkeeping system as

specified under (a) of this subsection; and

Part 3 – Food Page 33

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

COMMINGLED with SHELLSTOCK from another container with different

CERTIFICATION NUMBERS; different harvest dates; or different growing areas

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

Subpart C - Preventing Contamination After Receiving

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

Food Code 3-301.11).

(1) FOOD EMPLOYEES shall wash their hands as specified under 02305.

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

subsections (4) and (5) of this section, FOOD EMPLOYEES may not contact exposed,

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

tissue, spatulas, tongs, SINGLE-USE gloves, or dispensing EQUIPMENT.

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

not in a READY-TO-EAT form.

(4) Subsection (2) of this section does not apply to a FOOD EMPLOYEE that contacts

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

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

least 145°F (63°C) prior to service.

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

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

1. The PERMIT HOLDER obtains prior approval from the REGULATORY AUTHORITY;
2. Written procedures are maintained in the FOOD ESTABLISHMENT and made

available to the REGULATORY AUTHORITY upon request that include diagrams and

other information showing that handwashing facilities, installed, located,

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

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

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

3. A written EMPLOYEE health policy that documents how the FOOD ESTABLISHMENT

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

4. Documentation that FOOD EMPLOYEES and CONDITIONAL EMPLOYEES

acknowledge that they are informed to report information about their health

and activities as they relate to gastrointestinal symptoms and diseases that

are transmittable through FOOD as specified in 02200, including a written log

of reportable EMPLOYEE illnesses maintained for ninety days;

(ii) Documentation that FOOD EMPLOYEES and CONDITIONAL EMPLOYEES

acknowledge their responsibilities as specified in 02205 and 02240; and

(iii) Documentation that the PERSON IN CHARGE acknowledges the

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

5. Documentation that FOOD EMPLOYEES acknowledge they have received training at

least annually in:

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

(ii) Proper handwashing as specified under 02305;

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

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

7. Proper fingernail maintenance as specified under 02325;

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

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

8. Documentation that hands are washed before FOOD preparation and as necessary

to prevent cross contamination by FOOD EMPLOYEES as specified under 02300,

02305, 02310, and 02315 during all hours of operation when READY-TO-EAT FOODS

are prepared;

9. Documentation that FOOD EMPLOYEES contacting READY-TO-EAT FOOD with bare

Page 34 Washington State Retail Food Code

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

safeguards to HAZARDS associated with bare hand contact:

10. Double handwashing;

(ii) Nail brushes;

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

(iv) Incentive programs provided by the FOOD ESTABLISHMENT that assist or

encourage FOOD EMPLOYEES not to work when they are ill; or

11. Other APPROVED control measures; and
12. Documentation that corrective action is taken when (a) through (f) of this

subsection are not followed.

13. If the allowance for a FOOD ESTABLISHMENT to contact READY-TO-EAT FOOD with

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

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

FOOD without written approval from the REGULATORY AUTHORITY.

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

Food Code 3-301.12).

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

served.

03306 Preventing food and ingredient contamination--Packaged and unpackaged

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

(1) A FOOD must be protected from cross contamination by:

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

during storage, preparation, holding, and display from:

2. 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.

3. 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:

4. 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.

5. Cleaning EQUIPMENT and UTENSILS as specified under 04605(1) and SANITIZING as

specified under 04710;

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

FOOD in packages, covered containers, or wrappings;

7. Cleaning hermetically sealed containers of FOOD of visible soil before opening;
8. Protecting FOOD containers that are received PACKAGED together in a case or

overwrap from cuts when the case or overwrap is opened;

9. Storing damaged, spoiled, or recalled FOOD being held in the FOOD ESTABLISHMENT

as specified under 06415; and

10. Separating fruits and vegetables, before they are washed as specified under

03318 from READY-TO-EAT FOOD.

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

1. Whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling

or hulling before consumption;

Part 3 – Food Page 35

2. PRIMAL CUTS, quarters, or sides of raw MEAT or slab bacon that are hung on clean,

SANITIZED hooks or placed on clean, SANITIZED racks;

3. Whole, uncut, processed MEATS such as country hams, and smoked or cured

sausages that are placed on clean, SANITIZED racks;

4. FOOD being cooled as specified under 03520; or
5. SHELLSTOCK.

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

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

Except for containers holding FOOD that can be readily and unmistakably recognized such as

dry pasta, working containers holding FOOD or FOOD ingredients that are removed from their

original packages for use in the FOOD ESTABLISHMENT, such as cooking oils, flour, herbs, potato

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

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

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

Pasteurized EGGS or EGG PRODUCTS must be substituted for raw EGGS in the preparation of

FOODS such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue,

eggnog, ice cream, and EGG-fortified BEVERAGES that are not:

(1) Cooked as specified under 03400 (1)(a) or (b); or

(2) Included in 03400(4).

03315 Preventing food and ingredient contamination--Protection from unapproved additives

(FDA Food Code 3-302.14).

(1) FOOD must be protected from contamination that might result from the addition of, as

specified under 03240:

1. FOOD ADDITIVES or COLOR ADDITIVES that are unsafe or not APPROVED; and
2. Unsafe or unapproved levels of APPROVED FOOD ADDITIVES and COLOR ADDITIVES.

(2) A FOOD EMPLOYEE may not:

1. 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

2. Except for grapes, serve or sell FOOD specified under (a) of this subsection that is

treated with sulfiting agents before receipt by the FOOD ESTABLISHMENT.

03318 Preventing food and ingredient contamination--Washing fruits and vegetables ( FDA

Food Code 3-302.15).

(1) Except as specified in subsection (2) of this section, and except for whole, raw fruits

and vegetables that are intended for washing by the CONSUMER before consumption,

raw fruits and vegetables not in a READY-TO-EAT form must be thoroughly rinsed under

running water to remove soil and other contaminants after any soaking and before

being cut, combined with other ingredients, cooked, served, or offered for human

consumption in READY-TO-EAT form.

(2) Fruits and vegetables may be washed by using chemicals as specified under 07225.

(3) Devices used for on-site generation of chemicals meeting the requirements specified in

21 C.F.R. 173.315, Chemicals Used in the Washing or to Assist in the Peeling of Fruits

and Vegetables, for the washing of raw, whole fruits and vegetables must be used in

accordance with the manufacturer's instructions.

(4) For the purposes of this section, raw vegetables include fresh herbs and sprouts.

03321 Preventing food and ingredient contamination--Combining of raw eggs in advance

prohibited.

Except EGGS that are used in batters or mixed immediately before cooking, mixing four or

more raw EGGS, EGG whites, or EGG yolks is prohibited.

Page 36 Washington State Retail Food Code

03324 Preventing contamination from ice used as a coolant--Ice used as exterior coolant,

prohibited as ingredient (FDA Food Code 3-303.11).

After use as a medium for cooling the exterior surfaces of FOOD such as melons or FISH,

PACKAGED FOOD such as canned BEVERAGES, or cooling coils and tubes of EQUIPMENT, ice may

not be used as a FOOD.

03327 Preventing contamination from ice used as a coolant--Storage or display of food in

contact with water or ice (FDA Food Code 3-303.12).

(1) PACKAGED FOOD may not be stored in direct contact with ice or water if the FOOD is

subject to the entry of water because of the nature of its packaging, wrapping, or

container or its positioning in the ice or water.

(2) Except as specified in subsections (3) and (4) of this section, FOOD that is not

PACKAGED may not be stored in direct contact with undrained ice.

(3) Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or

cut potatoes; and tofu may be immersed in ice or water.

(4) Raw POULTRY and raw FISH that are received immersed in ice in shipping containers

may remain in that condition while in storage awaiting preparation, display, service, or

sale.

03330 Preventing contamination from equipment, utensils, and linens--Food contact with

equipment and utensils (FDA Food Code 3-304.11).

FOOD must only contact surfaces of:

(1) EQUIPMENT and UTENSILS that are cleaned as specified under 04600 through 04645 and

SANITIZED as specified under 04700 through 04710;

(2) SINGLE-SERVICE ARTICLES and SINGLE-USE ARTICLES; or

(3) LINENS, such as cloth napkins, as specified under 03336 that are laundered as

specified under Part 4, Subpart B of this chapter.

03333 Preventing contamination from equipment, utensils, and linens--In-use utensils,

between-use storage (FDA Food Code 3-304.12).

During pauses in FOOD preparation or dispensing, FOOD preparation and dispensing UTENSILS

must be stored:

(1) Except as specified under subsection (2) of this section, in the FOOD with their handles

above the top of FOOD and the container;

(2) In FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD with their handles

above the top of the FOOD within containers or EQUIPMENT that can be closed, such as

bins of sugar, flour, or cinnamon;

(3) On a clean portion of the FOOD preparation table or cooking EQUIPMENT only if the

in-use UTENSIL and the FOOD-CONTACT SURFACE of the FOOD preparation table or

cooking EQUIPMENT are cleaned and SANITIZED at a frequency specified under 04605

and 04705;

(4) In running water of sufficient velocity to flush particulates to the drain, if used with moist

FOOD such as ice cream or mashed potatoes;

(5) In a clean, protected location if the UTENSILS, such as ice scoops, are used only with a

FOOD that is not a TIME/TEMPERATURE CONTROL FOR SAFETY FOOD; or

(6) In a container of water maintained at a temperature of 135°F (57°C) or greater or 41°F

(5°C) or less and the container is cleaned at a frequency specified under 04605 (4)(g).

03336 Preventing contamination from equipment, utensils, and linens--Linens and napkins,

use limitation (FDA Food Code 3-304.13).

LINENS, such as cloth napkins, may not be used in contact with FOOD unless they are used to

line a container for the service of FOODS and the LINENS and napkins are replaced each time

the container is refilled for a new CONSUMER.

Part 3 – Food Page 37

03339 Preventing contamination from equipment, utensils, and linens--Wiping cloths, use

limitation (FDA Food Code 3-304.14).

(1) Cloths that are in use for wiping FOOD spills from TABLEWARE and carry out containers

that occur as FOOD is being served must be:

1. Maintained dry; and
2. Used for no other purpose.

(2) Cloths in-use for wiping counters and other EQUIPMENT surfaces must be:

1. Held between uses in a chemical SANITIZER solution at a concentration specified

under 04565; and

2. Laundered daily as specified under 04805(4); or

(3) Cloths in-use for wiping surfaces in contact with raw animal FOODS must be kept

separate from cloths used for other purposes.

(4) Dry wiping cloths and the chemical SANITIZING solutions specified in subsection (2)(a) of

this section in which wet wiping cloths are held between uses must be free of FOOD

debris and visible soil.

(5) Containers of chemical SANITIZING solutions specified in subsection (2)(a) of this

section in which wet wiping cloths are held between uses must be stored and used in a

manner that prevents contamination of FOOD, EQUIPMENT, UTENSILS, LINENS,

SINGLE-SERVICE or SINGLE-USE ARTICLES.

(6) SINGLE-USE disposable SANITIZER wipes must be used in accordance with

EPA-APPROVED manufacturer's label use instructions.

(7) Dry disposable towels used in conjunction with a spray bottle of chemical SANITIZER

solution at a concentration specified under 04565 must be discarded after each use.

03342 Preventing contamination from equipment, utensils, and linens--Gloves, use limitation

(FDA Food Code 3-304.15).

(1) If used, SINGLE-USE gloves must be used for only one task such as working with

READY-TO-EAT FOOD or with raw animal FOOD, used for no other purpose, and discarded

when damaged or soiled, or when interruptions occur in the operation.

(2) Except as specified in subsection (3) of this section, slash-resistant gloves that are

used to protect the hands during operations requiring cutting must be used in direct

contact only with FOOD that is subsequently cooked as specified under Part 3, Subpart

D of this chapter such as frozen FOOD or a PRIMAL CUT of MEAT.

(3) Slash-resistant gloves may be used with READY-TO-EAT FOOD that will not be

subsequently cooked if the slash-resistant gloves have a SMOOTH, durable, and

nonabsorbent outer surface; or if the slash-resistant gloves are covered with a SMOOTH,

durable, nonabsorbent glove, or a SINGLE-USE glove.

(4) Cloth gloves may not be used in direct contact with FOOD unless the FOOD is

subsequently cooked as required under Part 3, Subpart D such as frozen FOOD or a

PRIMAL CUT of MEAT.

03345 Preventing contamination from equipment, utensils, and linens--Using clean tableware

for second portions and refills (FDA Food Code 3-304.16).

(1) Except for refilling a CONSUMER'S drinking cup or container without contact between the

pouring UTENSIL and the lip-contact area of the drinking cup or container, FOOD

EMPLOYEES may not use TABLEWARE, including SINGLE-SERVICE ARTICLES, soiled by the

CONSUMER, to provide second portions or refills.

(2) Except as specified in subsection (3) of this section, self-service CONSUMERS may not

be allowed to use soiled TABLEWARE, including SINGLE-SERVICE ARTICLES, to obtain

additional FOOD from the display and serving EQUIPMENT.

(3) Drinking cups and containers may be reused by self-service CONSUMERS if refilling is a

contamination-free process as specified under 04230 (1), (2), and (4).

Page 38 Washington State Retail Food Code

03348 Preventing contamination from equipment, utensils, and linens--Refilling returnables

(FDA Food Code 3-304.17).

(1) Except as specified in subsections (2) through (6) of this section, empty containers

returned to a FOOD ESTABLISHMENT for cleaning and refilling with FOOD shall be cleaned

and refilled in a regulated FOOD PROCESSING PLANT.

(2) A take-home FOOD container returned to a FOOD ESTABLISHMENT may be refilled at a

FOOD ESTABLISHMENT with FOOD if the FOOD container is:

1. Designed and constructed for reuse and in accordance with the requirements

specified in Part 4, Subparts A and B of this chapter;

2. 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;

3. Returned to the FOOD ESTABLISHMENT by the CONSUMER after use;
4. Subject to the following steps before being refilled with FOOD:
5. 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:

1. The BEVERAGE is not a TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;
2. 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;

3. 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;

4. The CONSUMER-owned container returned to the FOOD ESTABLISHMENT for refilling

is refilled for sale or service only to the same CONSUMER; and

5. The container is refilled by:
6. An EMPLOYEE of the FOOD ESTABLISHMENT; or

(ii) The owner of the container if the BEVERAGE system includes a

contamination-free transfer process as specified under 04230 (1), (2), and

(4) that cannot be bypassed by the container owner.

(4) Consumer-owned multiuse BEVERAGE containers may be refilled, including

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD beverages, by EMPLOYEES or the

CONSUMER if refilling is a contamination-free process as specified in 04230 (1), (2), and

(4).

(5) CONSUMER-owned containers that are not FOOD-specific may be filled at a water

VENDING MACHINE or system.

(6) A FOOD ESTABLISHMENT under an APPROVED plan may allow CONSUMERS to:

1. Refill a visibly clean CONSUMER-owned container with nonREADY-TO-EAT FOOD,

bulk FOOD, and PACKAGED FOOD;

2. Refill a visibly clean CONSUMER-owned container with READY-TO-EAT FOOD when

dispensed from equipment, such as a gravity-flow unit, meeting standards for

liquid food and ice in 04230; and

3. Request a FOOD EMPLOYEE of the FOOD ESTABLISHMENT to refill a visually clean

CONSUMER-owned container with FOOD using a contamination-free process.

Part 3 – Food Page 39

03351 Preventing contamination from the premises--Food storage (FDA Food Code 3-305.11).

(1) Except as specified in subsections (2) and (3) of this section, FOOD must be protected

from contamination by storing the FOOD:

1. In a clean, dry location;
2. Where it is not exposed to splash, dust, or other contamination; and
3. 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 04268.

(3) Pressurized BEVERAGE containers, cased FOOD in waterproof containers such as bottles

or cans, and milk containers in plastic crates may be stored on a floor that is clean and

not exposed to floor moisture.

03354 Preventing contamination from the premises--Food storage, prohibited areas (FDA

Food Code 3-305.12).

FOOD may not be stored:

(1) In locker rooms;

(2) In toilet rooms;

(3) In dressing rooms;

(4) In garbage rooms;

(5) In mechanical rooms;

(6) Under sewer lines that are not shielded to intercept potential drips;

(7) Under leaking water lines, including leaking automatic fire sprinkler heads, or under

lines on which water has condensed;

(8) Under open stairwells; or

(9) Under other sources of contamination.

03357 Preventing contamination from the premises--Vended time/temperature control for

safety food, original container (FDA Food Code 3-305.13).

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD dispensed through a VENDING MACHINE must be

in the package in which it was placed at the FOOD ESTABLISHMENT or FOOD PROCESSING PLANT

at which it was prepared.

03360 Preventing contamination from the premises--Food preparation (FDA Food Code

3-305.14).

During preparation, FOOD that is not PACKAGED must be protected from environmental sources

of contamination.

03363 Preventing contamination by consumers--Food display (FDA Food Code 3-306.11).

(1) Except for nuts in the shell and whole raw fruits and vegetables that are intended for

hulling, peeling, or washing by the CONSUMER before consumption, FOOD on display

must be protected from contamination by the use of packaging; counter, service line, or

salad bar FOOD guards; display cases; or other effective means;

(2) If PACKAGED for CONSUMER self-service, hard crusted breads such as baguettes must

be completely covered and may be open at one end.

03366 Preventing contamination by consumers--Condiments, protection (FDA Food Code

3-306.12).

(1) Condiments must be protected from contamination by being kept in dispensers that are

designed to provide protection, protected food displays with the proper UTENSILS,

original containers designed for dispensing, or individual packages or portions.

Page 40 Washington State Retail Food Code

(2) Condiments at a VENDING MACHINE LOCATION must be in individual packages or

provided in dispensers that are filled at an APPROVED location, such as the FOOD

ESTABLISHMENT that provides food to the VENDING MACHINE LOCATION, a FOOD

PROCESSING PLANT that is regulated by the agency that has jurisdiction over the

operation, or a properly equipped facility that is located on the site of the VENDING

MACHINE LOCATION.

03369 Preventing contamination by consumers--Consumer self-service operations (FDA Food

Code 3-306.13).

(1) Raw animal FOOD such as beef, lamb, pork, POULTRY, and FISH that is not PACKAGED

may not be offered for CONSUMER self-service. This subsection does not apply to:

1. CONSUMER self-service of READY-TO-EAT FOODS at buffets or salad bars that serve

FOODS such as sushi or raw shellfish;

2. 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

3. Raw, frozen shrimp, lobster, finfish, calamari, or adductor muscle of scallop; or

frozen, breaded seafood.

(2) CONSUMER self-service operations for READY-TO-EAT FOODS must be provided with

suitable UTENSILS or effective dispensing methods that protect the FOOD from

contamination.

(3) CONSUMER self-service operations such as buffets and salad bars must be monitored

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.

03372 Preventing contamination by consumers--Returned food and reservice of food (FDA

Food Code 3-306.14).

(1) Except as specified in subsection (2) and (3) of this section, after being served or sold

and in the possession of a CONSUMER, FOOD that is unused or returned by the

CONSUMER may not be offered as FOOD for human consumption.

(2) Except as specified under 03800(7), a container of FOOD that is not TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD may be re-served from one CONSUMER to another if:

1. 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

2. The FOOD, such as crackers, salt, or pepper, is in an unopened original package

and is maintained in sound condition.

(3) Surplus previously served FOOD, such as whole uncut produce that complies with

03318, unopened bags of sliced fruit, unopened containers of TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD that are immediately placed in a temperature-controlled

environment, and other APPROVED FOODS may be re-served to a PERSON or DONATED

FOOD DISTRIBUTING ORGANIZATION under an APPROVED plan.

03375 Preventing contamination by consumers--Miscellaneous sources of contamination

(FDA Food Code 3-307.11).

FOOD must be protected from contamination that might result from a factor or source not

specified under Part 3, Subparts A through F in this chapter.

Part 3 – Food Page 41

Subpart D - Destruction of Organisms of Public Health Concern

03400 Cooking--Raw animal foods (FDA Food Code 3-401.11).

(1) Except as specified under subsections (2), (3), and (4) of this section, raw animal

FOODS such as EGGS, FISH, MEAT, POULTRY, and FOODS containing these raw animal

FOODS, must be cooked to heat all parts of the FOOD to a temperature and for a time

that complies with one of the following methods based on the FOOD that is being

cooked:

1. 145°F (63°C) or above for fifteen seconds for:
2. Raw EGGS that are broken and prepared in response to a CONSUMER'S order

and for IMMEDIATE SERVICE; and

(ii) Except as specified under (b) and (c) of this subsection and subsections (2)

and (3) of this section, FISH and MEAT, including GAME ANIMALS commercially

raised for FOOD as specified under 03230 (1)(a) and GAME ANIMALS under a

voluntary inspection program as specified under 03230 (1)(b);

3. 158°F (70°C) or above for <1 second (instantaneous) or a temperature and time

combination specified in Table 3-1, provided that FOOD EMPLOYEES monitor both

temperature and time under an APPROVED plan, for RATITES; MECHANICALLY

TENDERIZED and INJECTED MEATS; and COMMINUTED FISH, MEAT, GAME ANIMALS

commercially raised for FOOD as specified under 03230 (1)(a), GAME ANIMALS

under a voluntary inspection program as specified under 03230 (1)(a); and raw

EGGS that are not prepared as specified under (a)(i) of this subsection; or

Table 3-1: Minimum Temperatures

Temperature Time

145°F (63°C) 3 minutes

150°F (66°C) 1 minute

155°F (68°C) 17 seconds

4. 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:

1. As specified in the following Table 3-2, to heat all parts of the food to a

temperature and for the holding time that corresponds to that temperature:

Table 3-2: Temperature and Holding Time

Temperature

Time

in Minutes1 Temperature

Time

in Seconds1

130°F (54.4°C) 112 147°F (63.9°C) 134

131°F (55.0°C) 89 149°F (65.0°C) 85

133°F (56.1°C) 56 151°F (66.1°C) 54

135°F (57.2°C) 36 153°F (67.2°C) 34

136°F (57.8°C) 28 155°F (68.3°C) 22

138°F (58.9°C) 18 157°F (69.4°C) 14

140°F (60.0°C) 12 158°F (70.0°C) 0

142°F (61.1°C) 8

144°F (62.2°C) 5

145°F (62.8°C) 4

1 Holding time may include postoven heat rise.

Page 42 Washington State Retail Food Code

and

2. If cooked in an oven, use an oven that is preheated to the temperature specified

for the roast's weight in Table 3-3 and that is held at that temperature:

Table 3-3: Oven Temperature Based on Weight

Oven Type Less Than 10 lbs.(4.5kg) 10 lbs. (4.5 kg) or More

Still Dry 350°F (177°C) or more 250°F (121°C) or more

Convection 325°F (163°C) or more 250°F (121°C) or more

High Humidity1 250°F (121°C) or less 250°F (121°C) or less

1 Relative humidity greater than 90 percent for at least one hour as measured in the

cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides

100 percent humidity.

(3) A raw or undercooked WHOLE-MUSCLE, INTACT BEEF steak may be served or offered for

sale in a READY-TO-EAT form if:

1. The FOOD ESTABLISHMENT serves a population that is not a HIGHLY SUSCEPTIBLE

POPULATION;

2. The steak is labeled to indicate that it meets the definition of WHOLE-MUSCLE,

INTACT BEEF as specified under 03200(5); and

3. 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:

1. As specified under 03800 (3)(a) and (b), the FOOD ESTABLISHMENT serves a

population that is not a HIGHLY SUSCEPTIBLE POPULATION;

2. The FOOD is not offered from a children's menu or children's section of any menu;

and

3. The CONSUMER is informed as specified under 03620 that to ensure its safety, the

FOOD should be cooked as specified under subsection (1) or (2) of this section; or

4. The REGULATORY AUTHORITY grants a VARIANCE from subsection (1) or (2) of this

section as specified under 08110 based on a HACCP PLAN that:

5. Is submitted by the PERMIT HOLDER and APPROVED as specified under

08115;

(ii) Documents scientific data or other information showing that a lesser time

and temperature regimen results in safe FOOD; and

(iii) Verifies that EQUIPMENT and procedures for FOOD preparation and training of

FOOD EMPLOYEES at the FOOD ESTABLISHMENT meet the conditions of the

VARIANCE.

03405 Cooking--Microwave cooking (FDA Food Code 3-401.12).

Raw animal FOODS cooked in a microwave oven must be:

(1) Rotated or stirred throughout or midway during cooking to compensate for uneven

distribution of heat;

(2) Covered to retain surface moisture;

(3) Heated to a temperature of at least 165°F (74°C) in all parts of the FOOD; and

(4) Allowed to stand covered for two minutes after cooking to obtain temperature

equilibrium.

Part 3 – Food Page 43

03410 Cooking--Plant food cooking for hot holding (FDA Food Code 3-401.13).

Plant FOODS that are cooked for hot holding must be cooked to a temperature of at least 135°F

(57°C).

03415 Cooking--Noncontinuous cooking of raw animal foods (FDA Food Code 3-401.14).

Raw animal FOODS that are cooked using a NONCONTINUOUS COOKING process must be:

(1) Subject to an initial heating process that is no longer than sixty minutes in duration;

(2) Immediately after initial heating, cooled according to the time and temperature

parameters specified for cooked, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD under

03515(1);

(3) After cooling, held frozen or cold, as specified for TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD under 03525 (1)(b);

(4) Prior to sale or service, cooked using a process that heats all parts of the FOOD to a

temperature and time specified under 03400 (1) through (3);

(5) Cooled according to the time and temperature parameters specified for cooked

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD under 03515(1) if not either hot held as

specified under 03525(1), served immediately, or held using time as a public health

control as specified under 03530 after complete cooking;

(6) Prepared and stored according to written procedures that:

1. Have obtained prior approval from the REGULATORY AUTHORITY;
2. Are maintained in the FOOD ESTABLISHMENT and are available to the REGULATORY

AUTHORITY upon request;

3. 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;

4. 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

5. Describe how the FOODS, after initial heating but prior to cooking as specified

under subsection (4) of this section, are to be separated from READY-TO-EAT

FOODS as specified under 03306(1).

03420 Cooking--Unattended cooking and hot holding.

Unattended cooking and unattended hot holding are prohibited without continuous

temperature monitoring under an APPROVED plan.

03425 Freezing--Parasite destruction (FDA Food Code 3-402.11).

(1) Except as specified in subsection (2) of this section, before service or sale in

READY-TO-EAT form, raw, raw marinated, partially cooked, or marinated partially cooked

FISH must be:

1. 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

2. 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

3. 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:

1. MOLLUSCAN SHELLFISH;
2. A scallop product consisting only of the shucked adductor muscle;
3. 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

Page 44 Washington State Retail Food Code

4. Aquacultured FISH, such as salmon, that:
5. 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.

6. FISH EGGS that have been removed from the skein and rinsed.
7. Fresh unfrozen finfish, such as halibut or salmon, which are partially cooked only

upon consumer request and served in accordance with 03620(2) and (3)(d).

03430 Freezing--Records, creation and retention (FDA Food Code 3-402.12).

(1) Except as specified under 03425(2) and subsection (2) of this section, if raw, raw

marinated, partially cooked, or marinated partially cooked FISH are served or sold in

READY-TO-EAT form, the PERSON IN CHARGE shall record the freezing temperature and

time to which the FISH are subjected and shall retain the records of the FOOD

ESTABLISHMENT for ninety calendar days beyond the time of service or sale of the FISH.

(2) If the FISH are frozen by a supplier, a written agreement or statement from the supplier

stipulating that the FISH supplied are frozen to a temperature and for a time specified

under 03425 may substitute for the records specified under subsection (1) of this

section.

(3) If raw, raw marinated, partially cooked, or marinated partially cooked FISH are served or

sold in READY-TO-EAT form, and the FISH are raised and fed as specified under 03425

(2)(c), a written agreement or statement from the supplier or aquaculturist stipulating

that the FISH were raised and fed as specified under 03425 (2)(c), must be obtained by

the PERSON IN CHARGE and retained in the records of the FOOD ESTABLISHMENT for ninety

calendar days beyond the time of service or sale of the FISH.

03435 Reheating--Preparation for immediate service (FDA Food Code 3-403.10).

Cooked and refrigerated FOOD that is prepared for IMMEDIATE SERVICE in response to an

individual CONSUMER order, such as a roast beef sandwich au jus, may be served at any

temperature.

03440 Reheating--Reheating for hot holding (FDA Food Code 3-403.11).

(1) Except as specified under subsections (2), (3), and (5) of this section,

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is cooked, cooled, and reheated for

hot holding must be reheated so that all parts of the FOOD reach a temperature of at

least 165°F (74°C) for fifteen seconds.

(2) Except as specified under subsection (3) of this section, TIME/TEMPERATURE CONTROL

FOR SAFETY FOOD reheated in a microwave oven for hot holding must be reheated so

that all parts of the FOOD reach a temperature of at least 165°F (74°C) and the FOOD is

rotated or stirred, covered, and allowed to stand covered for two minutes after

reheating.

(3) READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that has been

commercially processed and PACKAGED in a FOOD PROCESSING PLANT that is inspected

by the FOOD REGULATORY AUTHORITY that has jurisdiction over the plant, must be heated

to a temperature of at least 135°F (57°C) for hot holding.

(4) Reheating for hot holding as specified under subsections (1) through (3) of this section

must be done rapidly and the time the FOOD is between 41°F (5°C) and the temperature

specified under subsections (1) through (3) of this section may not exceed two hours.

(5) Remaining unsliced portions of MEAT roasts that are cooked as specified under

03400(2) may be reheated for hot holding using the oven parameters and minimum

time and temperature conditions specified under 03400(2).

Part 3 – Food Page 45

03445 Other methods--Treating juice (FDA Food Code 3-404.11).

JUICE PACKAGED in a FOOD ESTABLISHMENT must be:

(1) Treated under a HACCP PLAN as specified under 08215 to attain a 5-log reduction, which

is equal to a 99.999% reduction, of the most resistant microorganism of public health

significance; or

(2) Labeled, if not treated to yield a 5-log reduction of the most resistant microorganism of

public health significance:

1. As specified under 03610; and
2. As specified in 21 C.F.R. 101.17(g) Food Labeling, Warning, Notice, and Safe

Handling Statements, JUICES that have not been specifically processed to prevent,

reduce, or eliminate the presence of pathogens with the following, "Warning:

This product has not been pasteurized and, therefore, may contain harmful

bacteria that can cause serious illness in children, the elderly, and persons

with weakened immune systems."

Subpart E - Limitation of Growth of Organisms of Public Health Concern

03500 Temperature and time control--Frozen food (FDA Food Code 3-501.11).

Stored frozen FOODS must be maintained frozen.

03505 Temperature and time control—Time/temperature control for safety food, slacking (FDA

Food Code 3-501.12).

Frozen TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is slacked to moderate the

temperature must be held:

(1) Under refrigeration that maintains the FOOD temperature at 41°F (5°C) for less; or

(2) At any temperature if the FOOD remains frozen.

03510 Temperature and time control--Thawing. (FDA Food Code 3-501.13).

Except as specified in subsection (4) of this section, TIME/TEMPERATURE CONTROL FOR SAFETY

FOOD must be thawed:

(1) Under refrigeration that maintains the FOOD temperature at 41°F (5°C) or less; or

(2) Completely submerged under running water:

1. At a water temperature of 70°F (21°C) or below;
2. With sufficient water velocity to agitate and float off loose particles in an overflow;

and

3. For a period of time that does not allow thawed portions of READY-TO-EAT FOOD to

rise above 41°F (5°C); or

4. For a period of time that does not allow thawed portions of raw animal FOOD

requiring cooking as specified under 03400 (1) or (2) to be above 41°F (5°C) for

more than four hours including:

5. The time the FOOD is exposed to the running water and the time needed for

preparation for cooking; or

(ii) The time it takes under refrigeration to lower the FOOD temperature to 41°F

(5°C);

(3) As part of a cooking process if the FOOD that is frozen is:

1. Cooked as specified under 03400 (1) or (2) or 03405; or
2. Thawed in a microwave oven and immediately transferred to conventional

cooking EQUIPMENT, with no interruption in the process; or

(4) Using any procedure if a portion of frozen, READY-TO-EAT FOOD is thawed and prepared

for IMMEDIATE SERVICE in response to an individual customer's order; or

Page 46 Washington State Retail Food Code

(5) REDUCED OXYGEN PACKAGED FISH that bears a label indicating that it is to be kept frozen

until time of use must be removed from the reduced oxygen environment:

1. Prior to thawing under refrigeration as specified in subsection (1) of this section;

or

2. Prior to, or immediately upon completion of, thawing using procedures specified in

subsection (2) of this section.

03515 Temperature and time control--Cooling (FDA Food Code 3-501.14).

(1) Cooked TIME/TEMPERATURE CONTROL FOR SAFETY FOOD must be cooled, uncovered,

protected from contamination, in EQUIPMENT that maintains an ambient air temperature

of 41°F (5°C) or less and:

1. In a shallow, uncovered, layer of two inches or less; or
2. Up to four inches thick in one dimension and not touching other pieces of FOOD for

INTACT MEAT.

(2) As an alternative to the cooling provisions of subsection (1) of this section, cooling

methods identified in 03520 that meet the following time and temperature criteria are

allowed:

1. Within two hours from 135°F (57°C) to 70°F (21°C); and
2. Within a total of six hours from 135°F (57°C) to 41°F (5°C) or less

(3) TIME/TEMPERATURE CONTROL FOR SAFETY FOOD must be cooled within four hours to 41°F

(5°C) or less if prepared from ingredients at ambient temperature, such as

reconstituted FOODS and canned tuna.

(4) Except as specified in subsection (5) of this section, a TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD received in compliance with LAWS allowing a temperature above 41°F

(5°C) during shipment from the supplier as specified under 03235(2), must be cooled

within four hours to 41°F (5°C) or less.

(5) Raw EGGS must be received as specified under 03235(3) and immediately placed in

refrigerated EQUIPMENT that maintains an ambient air temperature of 45°F (7°C) or less.

03520 Temperature and time control--Cooling methods (FDA Food Code 3-501.15).

(1) Cooling must be accomplished in accordance with the time and temperature

requirements specified under 03515 by using one or more of the following methods

based on the type of FOOD being cooled:

1. Placing the FOOD in shallow pans;
2. Separating the FOOD into smaller or thinner portions;
3. Using rapid cooling EQUIPMENT;
4. Stirring the FOOD in a container placed in an ice water bath;
5. Using containers that facilitate heat transfer;
6. Adding ice as an ingredient; or
7. Other effective methods.

(2) When placed in cooling or cold holding EQUIPMENT, FOOD containers in which FOOD is

being cooled must be:

1. Arranged in the EQUIPMENT to provide maximum heat transfer through the

container walls; and

2. Uncovered and protected from overhead contamination as specified under

03351(1), during the cooling period to facilitate heat transfer from the surface of

the FOOD; or

3. Loosely covered if using the cooling methods in 03515(2).

Part 3 – Food Page 47

03525 Temperature and time control—Time/temperature control for safety food, hot and cold

holding (FDA Food Code 3-501.16).

(1) Except during active preparation for up to two hours, cooking, or cooling or when time

is used as the public health control as specified under 03530, and except as specified

in subsections (2) and (3) of this section, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD

must be maintained:

1. At 135°F (57°C) or above, except that roasts cooked to a temperature and for a

time specified under 03400(2) or reheated as specified under 03440 may be held

at a temperature of 130°F (54°C) or above; or

2. At 41°F (5°C) or less.

(2) EGGS that have not been treated to destroy all viable salmonellae must be stored in

refrigerated EQUIPMENT that maintains an ambient air temperature of 45°F (7°C) or less.

(3) TIME/TEMPERATURE CONTROL FOR SAFETY FOOD in a homogenous liquid form may be

maintained outside the temperature control requirements, as specified under

subsection (1) of this section, while contained within specially designed EQUIPMENT that

complies with the design and construction requirements as specified under 04230(5).

03526 Temperature and time control—Ready-to-eat, time/temperature control for safety food,

date marking (FDA Food Code 3-501.17).

(1) Except when PACKAGING FOOD using a REDUCED OXYGEN PACKAGING method as

specified under 03540, and except as specified in subsections (5) and (6) of this

section, refrigerated, READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD

prepared and held in a FOOD ESTABLISHMENT for more than twenty-four hours must be

clearly marked to indicate the date or day by which the FOOD must be consumed on the

PREMISES, sold, or discarded when held at a temperature of 41ºF (5ºC) or less for a

maximum of seven days. The day of preparation must be counted as day one.

(2) Except as specified in subsections (5) through (7) of this section, refrigerated,

READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared and PACKAGED

by a FOOD PROCESSING PLANT must be clearly marked, at the time the original container

is opened in a FOOD ESTABLISHMENT and if the FOOD is held for more than twenty-four

hours, to indicate the date or day by which the FOOD must be consumed on the

PREMISES, sold, or discarded, based on the temperature and time requirements

specified in subsection (1) of this section and:

1. The day the original container is opened in the FOOD ESTABLISHMENT is counted as

day one; and

2. The day or date marked by the FOOD ESTABLISHMENT may not exceed a

manufacturer's use-by date if the manufacturer determined the use-by date based

on FOOD safety.

(3) A refrigerated, READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD ingredient

or a portion of a refrigerated, READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY

FOOD that is combined with additional ingredients or portions of FOOD must retain the

date marking of the earliest-prepared or first-prepared ingredient.

(4) A date marking system that meets the criteria stated in subsections (1) and (2) of this

section may include:

1. Using a method APPROVED by the REGULATORY AUTHORITY for refrigerated,

READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is frequently

rewrapped, such as lunchmeat or a roast, or for which date marking is impractical,

such as soft-serve mix or milk in a dispensing machine;

2. Marking the date or day of preparation, with a procedure to discard the FOOD on or

before the last date or day by which the FOOD must be consumed on the

PREMISES, sold, or discarded as specified under subsection (1) of this section;

Page 48 Washington State Retail Food Code

3. Marking the date or day the original container is opened in a FOOD

ESTABLISHMENT, with a procedure to discard the FOOD on or before the last date or

day by which the FOOD must be consumed on the PREMISES, sold, or discarded as

specified under subsection (2) of this section; or

4. Using calendar dates, days of the week, color-coded marks, or other effective

marking methods, provided that the marking system is disclosed to the

REGULATORY AUTHORITY upon request.

(5) Subsections (1) and (2) of this section do not apply to individual meal portions served

or rePACKAGED for sale from a bulk container upon a consumer's request.

(6) Subsections (1) and (2) of this section do not apply to SHELLSTOCK.

(7) Subsection (2) of this section does not apply to the following FOODS prepared and

PACKAGED by a FOOD PROCESSING PLANT inspected by a REGULATORY AUTHORITY:

1. Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta

salad, potato salad, and macaroni salad, manufactured in accordance with 21

C.F.R. 110 Current Good Manufacturing Practice in Manufacturing, Packing, or

Holding Human Food;

2. Hard cheeses containing not more than thirty-nine percent moisture as defined in

21 C.F.R. 133 Cheeses and Related Cheese Products, such as cheddar, gruyere,

parmesan and reggiano, and romano;

3. Semi-soft cheeses containing more than thirty-nine percent moisture, but not

more than fifty percent moisture, as defined in 21 C.F.R. 133 Cheeses and

Related Cheese Products, such as blue, edam, gorgonzola, gouda, and monterey

jack;

4. Cultured dairy products as defined in 21 C.F.R. 131 Milk and Cream, such as

yogurt, sour cream, and buttermilk;

5. Preserved FISH products, such as pickled herring and dried or salted cod, and

other acidified FISH products defined in 21 C.F.R. 114 Acidified Foods;

6. Shelf stable, dry fermented sausages, such as pepperoni and genoa; and
7. Shelf stable salt-cured products such as prosciutto and parma ham.

03527 Temperature and time control—Ready-to-eat, time/temperature control for safety food,

disposition (FDA Food Code 3-501.18).

(1) A FOOD specified in 03526(1) and (2) must be discarded unless it is cooked or reheated

to 165°F (74°C) prior to service, if it:

1. Exceeds the temperature and time requirements specified in 03526, except time

that the product is frozen;

2. Is in a container or PACKAGE that does not bear a date or day and there is no

ability to validate the opening date; or

3. Is inappropriately marked with a date or day that exceeds a temperature and time

combination as specified in 03526(1).

(2) Refrigerated, READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared in

a FOOD ESTABLISHMENT and dispensed through a VENDING MACHINE with an automatic

shutoff control must be discarded if it exceeds a temperature and time requirement as

specified in 03526(1).

(3) A FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION may not reheat

improperly marked FOOD as specified under subsection (1) of this section.

Part 3 – Food Page 49

03530 Temperature and time control--Time as a public health control (FDA Food Code

3-501.19).

(1) Except as specified under subsection (3) of this section, if time without temperature

control is used as the public health control for a working supply of TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD before cooking, or for READY-TO-EAT TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD that is displayed or held for sale or service for immediate

consumption:

1. Written procedures must be prepared in advance, maintained in the FOOD

ESTABLISHMENT and made available to the REGULATORY AUTHORITY upon request

that specify:

2. Methods of compliance with subsections (2)(a) through (c) of this section;

and

(ii) Methods of compliance with 03515 for FOOD that is prepared, cooked, and

refrigerated before time is used as a public health control.

(2) If time without temperature control is used as the public health control up to a maximum

of four hours:

1. The FOOD must have an internal temperature of 41°F (5°C) or less when removed

from cold holding temperature control, or 135°F (57°C) or greater when removed

from hot holding temperature control;

2. The FOOD may have an initial temperature of 70°F (21°C) or less if;
3. It is a READY-TO-EAT fruit or vegetable that upon cutting is rendered a

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD; or

(ii) It is a READY-TO-EAT hermetically sealed FOOD that upon opening is

rendered a TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;

(iii) The FOOD temperature does not exceed 70°F (21°C) within a maximum

time period of four hours from the time it was rendered a TIME/ TEMPERATURE

CONTROL FOR SAFETY FOOD; and

(iv) The FOOD is marked or otherwise identified to indicate the time that is four

hours past the point in time when the FOOD is rendered a TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD.

4. The FOOD must be marked or otherwise identified to indicate the time that is four

hours past the point in time when the FOOD is removed from temperature control;

5. The FOOD must be cooked and served, served at any temperature if READY-TO-EAT

or discarded, within four hours from the point in time when the FOOD is removed

from temperature control; and

6. The FOOD in unmarked containers or packages, or marked to exceed a four-hour

limit, must be discarded.

(3) A FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION may not use time

as specified under subsections (1) and (2) of this section as the public health control for

raw EGGS.

03535 Specialized processing methods--Variance requirement (FDA Food Code 3-502.11).

A FOOD ESTABLISHMENT shall obtain a VARIANCE from the REGULATORY AUTHORITY as specified

under 08110 and 08115 before:

(1) Smoking FOOD as a method of FOOD preservation rather than as a method of flavor

enhancement;

(2) Curing FOOD;

(3) Using FOOD ADDITIVES or adding components such as vinegar:

1. As a method of FOOD preservation rather than as a method of flavor

enhancement; or

2. To render a FOOD so that it is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;

Page 50 Washington State Retail Food Code

(4) Packaging TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED OXYGEN

PACKAGING method except where the growth of and toxin formation by Clostridium

botulinum and the growth of Listeria monocytogenes are controlled as specified under

03540;

(5) Operating a MOLLUSCAN SHELLFISH life-support system display tank used to store or

display shellfish that are offered for human consumption;

(6) Custom processing animals that are for personal use as FOOD and not for sale or

service in a FOOD ESTABLISHMENT;

(7) Preparing FOOD by another method that is determined by the REGULATORY AUTHORITY to

require a VARIANCE; or

(8) Sprouting seeds or beans.

03540 Specialized processing methods--Reduced oxygen packaging without a variance,

criteria (FDA Food Code 3-502.12).

(1) Except for a FOOD ESTABLISHMENT that obtains a VARIANCE as specified under 03535, a

FOOD ESTABLISHMENT that packages TIME/TEMPERATURE CONTROL FOR SAFETY FOOD

using a REDUCED OXYGEN PACKAGING method shall control the growth and toxin

formation of Clostridium botulinum and the growth of Listeria monocytogenes.

(2) Except as specified under subsection (6) of this section, a FOOD ESTABLISHMENT that

packages TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED OXYGEN

PACKAGING method shall have a HACCP PLAN that contains the information specified

under 08215(3) and (4) and that:

1. Identifies the FOOD to be PACKAGED;
2. Except as specified under subsections (3) through (5) of this section, requires that

the PACKAGED FOOD must be maintained at 41°F (5°C) or less and meet at least

one of the following requirements:

3. Has an AW of 0.91 or less;

(ii) Has a PH of 4.6 or less;

(iii) Is a MEAT or POULTRY product cured at a FOOD PROCESSING PLANT regulated

by the USDA using substances specified in 9 C.F.R. 424.21, Use of Food

Ingredients and Sources of Radiation, and is received in an intact package;

or

(iv) Is a FOOD with a high level of competing organisms such as raw MEAT, raw

POULTRY, or raw vegetables;

4. Describes how the PACKAGE must be prominently and conspicuously labeled on

the principal display panel in bold type on a contrasting background, with

instructions to:

5. Maintain the FOOD at 41°F (5°C) or below; and

(ii) Discard the FOOD if within thirty calendar days of its packaging it is not

served for on-PREMISES consumption, or consumed if served or sold for

off-PREMISES consumption;

6. Limits the refrigerated shelf life to no more than thirty calendar days from

packaging to consumption, except the time the product is maintained frozen, or

the original manufacturer's "sell by" or "use by" date, whichever occurs first:

7. Includes operational procedures that:
8. Prohibit contacting READY-TO-EAT FOOD with bare hands as specified under

03300(2);

(ii) Identify a designated work area and the method by which:

(A) Physical barriers or methods of separation of raw FOODS and

READY-TO-EAT FOODS minimize cross contamination; and

(B) Access to the processing EQUIPMENT is limited to responsible trained

personnel familiar with the potential hazards of the operation; and

(iii) Delineate cleaning and SANITIZATION procedures for FOOD-CONTACT

SURFACES; and

Part 3 – Food Page 51

9. Describes the training program that ensures that the individual responsible for the

REDUCED OXYGEN PACKAGING operation understands the:

10. Concepts required for a safe operation;

(ii) EQUIPMENT and facilities; and

(iii) Procedures specified under (e) of this subsection and 08215(3) and (4);

and

11. Is provided to the REGULATORY AUTHORITY prior to implementation as specified

under 08210(2).

(3) Except for FISH that is frozen before, during, and after packaging, a FOOD

ESTABLISHMENT may not package FISH using a REDUCED OXYGEN PACKAGING method.

(4) Except as specified under subsection (3) and (6) of this section, a FOOD ESTABLISHMENT

that PACKAGES FOOD using a cook-chill or sous vide process shall:

1. Provide to the REGULATORY AUTHORITY prior to implementation a HACCP PLAN that

contains the information as specified under 08215(3) and (4);

2. Ensure the FOOD is:
3. Prepared and consumed on the PREMISES, or prepared and consumed off

the PREMISES but within the same business entity with no distribution or sale

of the PACKAGED product to another business entity or the CONSUMER;

(ii) Cooked to heat all parts of the FOOD to a temperature and for a time as

specified under 03400(1) through (3);

(iii) Protected from contamination before and after cooking as specified under

Part 3, Subpart C and D of this chapter;

(iv) Placed in a package with an oxygen barrier and sealed before cooking, or

placed in a package and sealed immediately after cooking and before

reaching a temperature below 135°F (57°C);

4. Cooled to 41°F (5°C) in the sealed package or bag as specified under

03515 and:

(A) Cooled to 34°F (1°C) within forty-eight hours of reaching 41°F (5°C)

and held at that temperature until consumed or discarded within thirty

days after the date of PACKAGING;

(B) Held at 41°F (5°C) or less for no more than seven days, at which time

the FOOD must be consumed or discarded; or

(C) Held frozen with no shelf life restriction while frozen until consumed

or used.

(vi) Held in a refrigeration unit that is equipped with an electronic system that

continuously monitors time and temperature and is visually examined for

proper operation twice daily;

(vii) If transported off-site to a satellite location of the same business entity,

equipped with verifiable electronic monitoring devices to ensure that times

and temperatures are monitored during transportation; and

(viii) Labeled with the product name and the date PACKAGED; and

5. Maintain the records required to confirm that cooling and cold holding refrigeration

time/temperature parameters are required as part of the HACCP PLAN and:

6. Make such records available to the REGULATORY AUTHORITY upon request;

and

(ii) Hold such records for at least six months after the last date the product was

sold or served.

7. Implement written operational procedures as specified under subsection (2)(e) of

this section and a training program as specified under subsection (2)(f) of this

section.

(5) Except as specified under subsection (6) of this section, a FOOD ESTABLISHMENT that

packages cheese using a REDUCED OXYGEN PACKAGING method must:

1. Limit the cheeses PACKAGED to those that are commercially manufactured in a

FOOD PROCESSING PLANT with no ingredients added in the FOOD ESTABLISHMENT

Page 52 Washington State Retail Food Code

and that meet the Standards of Identity as specified in 21 C.F.R. 133.150 Hard

cheeses, 21 C.F.R. 133.169 Pasteurized process cheese or 21 C.F.R. 133.187

Semisoft cheeses;

2. Have a HACCP PLAN that contains the information specified under 08215(3) and (4)

and as specified under subsection (2)(a), (c)(i), (e), and (f) of this section;

3. Labels the package on the principal display panel with a "use by" date that does

not exceed thirty days from its packaging or the original manufacturer's "sell by" or

"use by" date, whichever comes first; and

4. Discards the REDUCED OXYGEN PACKAGED cheese if it is not sold for off-PREMISES

consumption or consumed within thirty calendar days of its packaging.

(6) A HACCP PLAN is not required when a FOOD ESTABLISHMENT uses a REDUCED OXYGEN

PACKAGING method to PACKAGE raw or READY-TO-EAT TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD that is always:

1. Labeled with the production time and date;
2. Held at 41°F (5°C) or less during refrigerated storage; and
3. Removed from its PACKAGE in the FOOD ESTABLISHMENT within forty-eight hours

after PACKAGING.

Subpart F - Food Identity, Presentation, and On-Premises Labeling

03600 Accurate representation--Standards of identity (FDA Food Code 3-601.11).

PACKAGED FOOD must comply with standard of identity requirements in 21 C.F.R. 131-169 and

9 C.F.R. 319 Definitions and Standards of Identity or Composition, and the general

requirements in 21 C.F.R. 130 - Food Standards: General and 9 C.F.R. 319 Subpart A -

General.

03605 Accurate representation--Honestly presented (FDA Food Code 3-601.12).

(1) FOOD must be offered for human consumption in a way that does not mislead or

misinform the CONSUMER.

(2) FOOD ADDITIVES or COLOR ADDITIVES, colored overwraps, or lights may not be used to

misrepresent the true appearance, color, or quality of a FOOD.

03610 Labeling--Food labels (FDA Food Code 3-602.11).

(1) FOOD PACKAGED in a FOOD ESTABLISHMENT must be labeled as specified in LAW,

including chapter 69.04 and 15.130 RCW; 21 C.F.R. 101 - Food Labeling; and 9 C.F.R.

317 - Labeling, Marking Devices, and Containers.

(2) Label information must include:

1. The common name of the FOOD or, absent a common name, an adequately

descriptive identity statement;

2. If made from two or more ingredients, a list of ingredients in descending order of

predominance by weight, including a declaration of artificial color or flavor and

chemical preservatives, if contained in the FOOD;

3. An accurate declaration of the quantity of contents;
4. The name and place of business of the manufacturer, packer, or distributor;
5. The name of the FOOD source for each MAJOR FOOD ALLERGEN contained in the

FOOD unless the FOOD source is already part of the common or unusual name of

the respective ingredient;

6. Except as exempted in the Federal Food, Drug, and Cosmetic Act Section

403(q)(3) through (5), nutrition labeling as specified in 21 C.F.R. 101 - Food

Labeling and 9 C.F.R. 317 Subpart B Nutrition Labeling; and

7. For any salmonid FISH containing canthaxanthin or astaxanthin as a COLOR

ADDITIVE, the labeling of the bulk FISH container, including a list of ingredients,

displayed on the retail container or by other written means, such as a counter

card, that discloses the use of canthaxanthin or astaxanthin.

Part 3 – Food Page 53

(3) Bulk FOOD that is available for CONSUMER self-dispensing must be prominently labeled

with the following information in plain view of the CONSUMER:

1. The manufacturer's or processor's label that was provided with the FOOD; or
2. A card, sign, or other method of notification that includes the information specified

under subsection (2)(a), (b), and (f) of this section.

(4) Bulk unPACKAGED FOODS such as bakery products and unPACKAGED FOODS that are

portioned to CONSUMER specification need not be labeled if:

1. A health, nutrient content, or other claim is not made;
2. There are no state or local LAWS requiring labeling; and
3. The FOOD is manufactured or prepared on the PREMISES of the FOOD

ESTABLISHMENT or at another FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT

that is owned by the same PERSON and is regulated by the FOOD regulatory

agency that has jurisdiction.

(5) Whenever unpasteurized milk and FOODS containing unpasteurized milk are offered for

sale at a FOOD ESTABLISHMENT, except hard or semi-soft raw milk cheeses properly

fermented and aged for a minimum of sixty days in compliance with 21 C.F.R. Part 133,

the PERMIT HOLDER and PERSON IN CHARGE shall ensure that:

1. The product is conspicuously labeled "raw milk" or "contains raw milk"; and
2. A sign is posted in a conspicuous manner near the product stating: "Warning:

Raw milk or foods prepared from raw milk may be contaminated with

dangerous bacteria capable of causing severe illness. Contact your local

health agency for advice or to report a suspected illness."

(6) The PERMIT HOLDER and PERSON IN CHARGE shall ensure that required information

contained on FOOD labels is in the English language, except that duplicate labeling in

other languages is allowed.

03615 Labeling--Other forms of information (FDA Food Code 3-602.12).

(1) If required by LAW, CONSUMER warnings must be provided.

(2) FOOD ESTABLISHMENT or manufacturers' dating information on FOODS may not be

concealed or altered.

03620 Consumer advisory--Consumption of animal foods that are raw, undercooked, or not

otherwise processed to eliminate pathogens (FDA Food Code 3-603.11).

(1) Except as specified under 03400 (3) and (4)(d) and 03800(3) if an animal FOOD such as

beef, EGGS, FISH, lamb, pork, POULTRY, or shellfish is served or sold raw, undercooked,

or without otherwise being processed to eliminate pathogens, either in a READY-TO-EAT

form or as an ingredient in another READY-TO-EAT FOOD, the PERMIT HOLDER shall inform

CONSUMERS of the significantly increased RISK of consuming such FOODS by way of a

DISCLOSURE and REMINDER, as specified in subsections (2) and (3) of this section using

brochures, deli case menu advisories, label statements, table tents, placards, or other

effective written means.

(2) DISCLOSURE must include:

1. A description of the animal-derived FOODS such as "oysters on the half shell (raw

oysters)," "fresh fish (can be cooked to order)," "raw egg Caesar salad," and

"hamburgers (can be cooked to order)"; or

2. Identification of the animal-derived FOODS by asterisking them to a footnote that

states that the items are served raw or undercooked and contain (or might

contain) raw or undercooked ingredients.

(3) REMINDER must include asterisking the animal-derived FOODS requiring DISCLOSURE to a

footnote that states:

1. "Regarding the safety of these items, written information is available upon

request";

Page 54 Washington State Retail Food Code

2. "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs might

increase your risk of foodborne illness";

3. "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs might

increase your risk of foodborne illness, especially if you have certain medical

conditions"; or

4. "Regarding the safety of consuming fresh partially cooked fish, information is

available upon request."

Subpart G - Contaminated Food

03700 Disposition--Discarding or reconditioning unsafe, adulterated, or contaminated food

(FDA Food Code 3-701.11).

(1) A FOOD that is unsafe, ADULTERATED, or not honestly presented as specified under

03100 must be discarded or reconditioned according to an APPROVED procedure.

(2) FOOD that is not from an APPROVED source as specified under 03200 through 03230

must be discarded.

(3) READY-TO-EAT FOOD that might have been contaminated by an EMPLOYEE who has been

RESTRICTED or EXCLUDED as specified under 02220 and 02225 must be discarded.

(4) FOOD that is contaminated by FOOD EMPLOYEES, CONSUMERS, or other PERSONS through

contact with their hands, bodily discharges, such as nasal or oral discharges, or other

means must be discarded.

03705 Disposition--Examination, hold orders, condemnation, and destruction of food.

(1) The PERMIT HOLDER or PERSON IN CHARGE of a FOOD ESTABLISHMENT in which FOOD has

been improperly handled, stored, or prepared shall:

1. Voluntarily destroy the questionable FOOD; or
2. Contact the REGULATORY AUTHORITY to determine if the FOOD is safe for human

consumption.

(2) The PERMIT HOLDER or PERSON IN CHARGE of a FOOD ESTABLISHMENT shall denature or

destroy any FOOD if the REGULATORY AUTHORITY determines the FOOD presents an

imminent or actual health hazard.

(3) The REGULATORY AUTHORITY may examine or collect samples of FOOD as often as

necessary for enforcement of these regulations.

(4) The REGULATORY AUTHORITY may, after notice to the PERMIT HOLDER or PERSON IN

CHARGE, place a written hold order on any suspect FOOD until a determination on its

safety can be made and shall:

1. Tag;
2. Label; or
3. Otherwise identify any FOOD subject to the hold order and complete a form

APPROVED by the Washington State Department of Health for all suspect FOOD.

(5) The hold order issued by the REGULATORY AUTHORITY must include:

1. Instructions for filing a written request for a hearing with the REGULATORY

AUTHORITY within ten calendar days; and

2. Notification that if a hearing is not requested in accordance with the instructions

provided in the hold order, and the REGULATORY AUTHORITY does not vacate the

hold order, the FOOD must be destroyed under the supervision of a representative

of the REGULATORY AUTHORITY.

(6) When FOOD is subject to a hold order by the REGULATORY AUTHORITY, the PERMIT

HOLDER and PERSON IN CHARGE are prohibited from:

1. Using the FOOD;
2. Serving the FOOD; or

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3. Removing the FOOD from the FOOD ESTABLISHMENT.

(7) The REGULATORY AUTHORITY may allow storage of FOOD under conditions specified in

the hold order, unless storage is not possible without RISK to public health, in which

case immediate destruction shall be ordered and must be accomplished by the PERMIT

HOLDER or PERSON IN CHARGE of the FOOD ESTABLISHMENT.

(8) Based upon evidence provided at the hearing, the REGULATORY AUTHORITY may either:

1. Vacate the hold order; or
2. Direct the PERMIT HOLDER or PERSON IN CHARGE of the FOOD ESTABLISHMENT by

written order to:

3. Denature or destroy such FOOD; or

(ii) Bring the FOOD into compliance with the provisions of these regulations.

Subpart H - Special Requirements for Highly Susceptible Populations

03800 Additional safeguards--Pasteurized foods, prohibited reservice, and prohibited food

(FDA Food Code 3-801.11).

In a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION:

(1) The following requirements apply to JUICE:

1. For the purposes of subsection (1) of this section, children who are age nine or

less and receive FOOD in a school, day care setting, or similar facility that provides

custodial care are included as HIGHLY SUSCEPTIBLE POPULATIONS;

2. PrePACKAGED JUICE or a prePACKAGED BEVERAGE containing JUICE, that bears a

warning label as specified in 21 C.F.R., Section 101.17(g) Food Labeling,

Warning, Notice and Safe Handling Statements, JUICES that have not been

specifically processed to prevent, reduce, or eliminate the presence of pathogens,

or a PACKAGED JUICE or BEVERAGE containing JUICE that bears a warning label as

specified under 03445(2) may not be served or offered for sale; and

3. UnPACKAGED JUICE that is prepared on the PREMISES for service or sale in a

READY-TO-EAT form must be processed under a HACCP PLAN that contains the

information specified under 08215 (2) through (5) and as specified in 21 C.F.R.

Part 120 - Hazard Analysis and Critical Control Point (HACCP) Systems, Subpart

B Pathogen Reduction, 120.24 Process controls.

(2) Pasteurized EGGS or EGG PRODUCTS must be substituted for raw EGGS in the

preparation of:

1. FOODS such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise,

meringue, eggnog, ice cream, and EGG-fortified BEVERAGES; and

2. Except as specified in subsection (6) of this section, recipes in which more than

one EGG is broken and the EGGS are combined;

(3) The following FOODS may not be served or offered for sale in a READY-TO-EAT form:

1. Raw animal FOODS such as raw FISH, raw marinated FISH, raw MOLLUSCAN

SHELLFISH, and steak tartare;

2. A partially cooked animal FOOD such as lightly cooked FISH, rare MEAT, soft

cooked EGGS that are made from raw EGGS, and meringue; and

3. Raw seed sprouts.

(4) FOOD EMPLOYEES may not contact READY-TO-EAT FOOD as specified under 03300 (2) and

(5).

(5) Time only, as the public health control as specified under 03530(3), may not be used

for raw EGGS.

(6) Subsection (2)(b) of this section does not apply if:

1. The raw EGGS are combined immediately before cooking for one CONSUMER'S

serving at a single meal, cooked as specified under 03400 (1)(a), and served

immediately such as an omelet, souffle, or scrambled EGGS;

Page 56 Washington State Retail Food Code

2. The raw EGGS are combined as an ingredient immediately before baking and the

EGGS are thoroughly cooked to a READY-TO-EAT form, such as a cake, muffin, or

bread; or

3. The preparation of the FOOD is conducted under a HACCP PLAN that:
4. Identifies the FOOD to be prepared;

(ii) Prohibits contacting READY-TO-EAT FOOD with bare hands;

(iii) Includes specifications and practices that ensure:

(A) Salmonella Enteritidis growth is controlled before and after cooking;

and

(B) Salmonella Enteritidis is destroyed by cooking the EGGS according to

the temperature and time specified under 03400 (1)(b);

(iv) Contains the information specified under 08215(4) including procedures

that:

(A) Control cross contamination of READY-TO-EAT FOOD with raw EGGS;

and

(B) Delineate cleaning and SANITIZING procedures for FOOD-CONTACT

SURFACES; and

5. Describes the training program that ensures that the FOOD EMPLOYEE

responsible for the preparation of the FOOD understands the procedures to

be used.

(7) Except as specified in subsection (8) of this section, FOOD may be re-served as

specified under 03372 (2)(a) and (b).

(8) FOOD may not be re-served under the following conditions:

1. Any FOOD served to patients or clients who are under contact precautions in

medical isolation or quarantine, or protective environmental isolation may not be

re-served to others outside.

2. Packages of FOOD from any patients, clients, or other CONSUMERS should not be

re-served to PERSONS in protective environmental isolation.

(9) Reheating, as specified under 03527(1), may not be used for improperly marked FOOD.

Part 4 – Equipment, Utensils and Linens Page 57