PART 8: COMPLIANCE AND ENFORCEMENT

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Subpart A - Applicability

08100 Use for intended purpose--Public health protection (FDA Food Code 8-101.10).

(1) The REGULATORY AUTHORITY shall apply this chapter to promote its underlying purpose,

as specified under 01105, of safeguarding public health and ensuring that FOOD is safe,

not ADULTERATED, and honestly presented when offered to the CONSUMER.

(2) In enforcing the provision of this chapter, the REGULATORY AUTHORITY shall assess

existing facilities or EQUIPMENT that were in use before the effective date of this chapter

based on the following considerations:

Whether the facilities or EQUIPMENT are in good repair and capable of being

maintained in a sanitary condition;

Whether FOOD-CONTACT SURFACES comply with Part 4, Subpart A;
Whether the capacities of cooling, heating, and holding EQUIPMENT are sufficient

to comply with 04300; and

The existence of a documented agreement with the PERMIT HOLDER that the

facilities or EQUIPMENT will be replaced as specified under 08350(7).

08105 Additional requirements--Preventing health hazards, provision for conditions not

addressed (FDA Food Code 8-102.10).

(1) If necessary to protect against public health hazards or nuisances, the REGULATORY

AUTHORITY may impose specific requirements in addition to the requirements contained

in this chapter that are authorized by LAW.

(2) The REGULATORY AUTHORITY shall document the conditions that necessitate the

imposition of additional requirements and the underlying public health rationale. The

documentation must be provided to the PERMIT applicant or PERMIT HOLDER and a copy

must be maintained in the REGULATORY AUTHORITY'S file for the FOOD ESTABLISHMENT.

08110 Variances--Modifications and waivers (FDA Food Code 8-103.10).

The REGULATORY AUTHORITY may grant a VARIANCE by modifying or waiving the requirements

of this chapter if in the opinion of the REGULATORY AUTHORITY a health HAZARD or nuisance will

not result from the VARIANCE. If a VARIANCE is granted, the REGULATORY AUTHORITY shall retain

the information specified under 08115 in its records for the FOOD ESTABLISHMENT.

08115 Variances--Documentation of proposed VARIANCE and justification (FDA Food Code

8-103.11).

Before a VARIANCE from a requirement of this chapter is APPROVED, the information that must

be provided by the PERSON requesting the VARIANCE and retained in the REGULATORY

AUTHORITY'S file on the FOOD ESTABLISHMENT includes:

(1) A statement of the proposed VARIANCE of this chapter requirement citing the relevant

section;

(2) An analysis of the rationale for how the potential public health hazards and nuisances

addressed by the relevant section will be alternatively addressed by the proposal; and

(3) A HACCP PLAN if required as specified under 08210(1) that includes the information

specified under 08215 as it is relevant to the VARIANCE requested.

08120 Variances--Conformance with approved procedures (FDA Food Code 8-103.12).

If the REGULATORY AUTHORITY grants a VARIANCE as specified under 08110, or a HACCP PLAN is

otherwise required as specified under 08210, the PERMIT HOLDER shall:

(1) Maintain the APPROVED VARIANCE at the FOOD ESTABLISHMENT; and

(2) Comply with the HACCP PLANS and procedures that are submitted as specified under

08215 and APPROVED as a basis for the modification or waiver; and

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(3) Maintain and provide to the REGULATORY AUTHORITY, upon request, records specified

under 08215 (4) and (5) that demonstrate that the following are routinely employed:

Procedures for monitoring CRITICAL CONTROL POINTS;
Monitoring of the CRITICAL CONTROL POINTS;
Verification of the effectiveness of the operation or process; and
Necessary corrective actions if there is a failure at a CRITICAL CONTROL POINT.

Subpart B - Plan Submission and Approval

08200 Facility and operating plans--When plans are required (FDA Food Code 8-201.11).

A PERMIT applicant or PERMIT HOLDER shall submit to the REGULATORY AUTHORITY properly

prepared plans and specifications for review and approval before:

(1) The construction of a FOOD ESTABLISHMENT;

(2) The conversion of an existing structure for use as a FOOD ESTABLISHMENT; or

(3) The remodeling of a FOOD ESTABLISHMENT, a change of type of FOOD ESTABLISHMENT, or

significant changes to the methods of FOOD preparation or style of service as specified

under 08325(3) if the REGULATORY AUTHORITY determines that plans and specifications

are necessary to ensure compliance with this chapter.

08205 Facility and operating plans--Contents of the plans and specifications (FDA Food Code

8-201.12).

The plans and specifications for a FOOD ESTABLISHMENT, including a FOOD ESTABLISHMENT

specified under 08210, must include, as required by the REGULATORY AUTHORITY based on the

type of operation, type of FOOD preparation, and FOODS prepared, the following information to

demonstrate conformance with chapter provisions:

(1) Intended menu;

(2) Anticipated volume of FOOD to be stored, prepared, and sold or served;

(3) Proposed layout, mechanical schematics, construction materials, and finish schedules;

(4) Proposed EQUIPMENT types, manufacturers, model numbers, locations, dimensions,

performance capacities, and installation specifications;

(5) Evidence that standard procedures that ensure compliance with the requirements of

this chapter are developed or are being developed; and

(6) Other information that may be required by the REGULATORY AUTHORITY for the proper

review of the proposed construction, conversion or modification, and procedures for

operating a FOOD ESTABLISHMENT.

08210 Facility and operating plans--When a HACCP plan is required (FDA Food Code

8-201.13).

(1) Before engaging in an activity that requires a HACCP PLAN, a PERMIT applicant or PERMIT

HOLDER shall submit to the REGULATORY AUTHORITY for approval a properly prepared

HACCP PLAN as specified under 08215 and the relevant provisions of this chapter if:

Submission of a HACCP PLAN is required according to LAW;
A VARIANCE is required as specified under 03400 (4)(d), 03535, and 04244(2);
The REGULATORY AUTHORITY determines that a FOOD preparation or processing

method requires a VARIANCE based on a plan submittal specified under 08205, an

inspectional finding, or a VARIANCE request.

(2) A PERMIT applicant or PERMIT HOLDER shall have a properly prepared HACCP PLAN as

specified under 03540.

Part 8: Compliance and Enforcement Page 105

08215 Facility and operating plans--Contents of a HACCP plan (FDA Food Code 8-201.14).

For a FOOD ESTABLISHMENT required under 08210 to have a HACCP PLAN, the PERMIT applicant

or PERMIT HOLDER shall submit to the REGULATORY AUTHORITY a properly prepared HACCP PLAN

that includes:

(1) General information such as the name of the PERMIT applicant or PERMIT HOLDER, the

FOOD ESTABLISHMENT address, and contact information;

(2) A categorization of the types of TIME/TEMPERATURE CONTROL FOR SAFETY FOODS that are

to be controlled under the HACCP PLAN;

(3) A flow diagram or chart for each specific FOOD or category type that identifies:

Each step in the process;
The hazards and controls for each step in the flow diagram or chart;
The steps that are CRITICAL CONTROL POINTS;
The ingredients, materials, and EQUIPMENT used in the preparation of that FOOD;

and

Formulations or recipes that delineate methods and procedural control measures

that address the FOOD safety concerns involved.

(4) A CRITICAL CONTROL POINT summary for each specific FOOD or category type that clearly

identifies:

Each CRITICAL CONTROL POINT;
The CRITICAL LIMITS for each CRITICAL CONTROL POINT;
The method and frequency for monitoring and controlling each CRITICAL CONTROL

POINT by the designated FOOD EMPLOYEE or the PERSON IN CHARGE;

The method and frequency for the PERSON IN CHARGE to routinely verify that the

FOOD EMPLOYEE is following standard operating procedures and monitoring

CRITICAL CONTROL POINTS;

Action to be taken by the designated FOOD EMPLOYEE or PERSON IN CHARGE if the

CRITICAL LIMITS for each CRITICAL CONTROL POINT are not met; and

Records to be maintained by the PERSON IN CHARGE to demonstrate that the

HACCP PLAN is properly operated and managed; and

(5) Supporting documents such as:

FOOD EMPLOYEE and supervisory training plan that addresses the food safety

issues of concern;

Copies of blank records forms that are necessary to implement the HACCP PLAN;

and

Additional scientific data or other information, as required by the REGULATORY

AUTHORITY, supporting the determination that FOOD safety is not compromised by

the proposal.

(6) Any other information required by the REGULATORY AUTHORITY.

08220 Trade secrets (FDA Food Code 8-202.10).

The REGULATORY AUTHORITY shall treat as confidential in accordance with LAW, information that

meets the requirements specified in LAW for a trade secret and is contained on inspection

report forms and in the plans and specifications submitted as specified under 08205 and

08215.

08225 Construction inspection and approval--Preoperational inspections (FDA Food Code

8-203.10).

The REGULATORY AUTHORITY shall conduct one or more preoperational inspections to verify

that the FOOD ESTABLISHMENT is constructed and equipped in accordance with the APPROVED

plans and APPROVED modifications of those plans, has established standard operating

procedures as specified under 08205(5), and is in compliance with the LAW and this chapter.

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Subpart C - Permit to Operate

08300 Requirement--Prerequisite for operation (FDA Food Code 8-301.11).

A PERSON may not operate a FOOD ESTABLISHMENT without a valid PERMIT to operate issued by

the REGULATORY AUTHORITY.

08305 Exempt from permit with approval.

(1) The REGULATORY AUTHORITY may exempt a PERSON from the provisions of 08600(1) and

08300 of this chapter in order to operate without a FOOD ESTABLISHMENT PERMIT, if the

PERSON meets the other provisions of this chapter, including not using any FOOD

prepared in a residential kitchen or other facility that is not APPROVED, and the types of

FOOD served are limited to those specified in subsection (4) of this section.

(2) The PERSON requesting a PERMIT exemption under subsection (1) of this section shall

submit a written application for an exemption on a form provided by the REGULATORY

AUTHORITY at least 14 calendar days before providing FOOD service, or as otherwise

required by the REGULATORY AUTHORITY.

(3) The PERSON requesting a PERMIT exemption under subsection (1) of this section shall

submit properly prepared plans and specifications of the FOOD service facilities and

EQUIPMENT if the REGULATORY AUTHORITY requires it, based on a review of the

application for an exemption submitted under subsection (2) of this section.

(4) The PERSON requesting a PERMIT exemption under subsection (1) of this section shall

limit FOOD handling to one or more of the following FOODS:

Individual samples of nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD sliced

fruits and vegetables;

Popcorn and flavored popcorn prepared from commercially PACKAGED ingredients

that are not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;

Dried herbs and spices processed in an APPROVED facility;
Crushed ice drinks containing only ingredients that are not TIME/TEMPERATURE

CONTROL FOR SAFETY FOODS and dispensed from a self-contained machine that

makes its own ice. Drinks with TIME/TEMPERATURE CONTROL FOR SAFETY FOOD,

snow cones, and shaved ice are not included;

Corn on the cob;
Whole roasted peppers;
Roasted nuts, roasted peanuts, and roasted candy-coated nuts;
Chocolate-dipped ice cream bars prepared from pre-PACKAGED ice cream bars

produced in a FOOD PROCESSING PLANT;

Chocolate-dipped bananas prepared from bananas peeled and frozen in an

APPROVED facility; and

Cotton candy.

08310 Application procedure--Submission thirty calendar days before proposed opening

(FDA Food Code 8-302.11).

An applicant shall submit an application for a PERMIT at least thirty calendar days before the

date planned for opening a FOOD ESTABLISHMENT or the expiration of the current PERMIT for an

existing facility.

08315 Application procedure--Form of submission (FDA Food Code 8-302.12).

A PERSON desiring to operate a FOOD ESTABLISHMENT shall submit to the REGULATORY

AUTHORITY a written application for a PERMIT on a form provided by the REGULATORY

AUTHORITY.

Part 8: Compliance and Enforcement Page 107

08320 Application procedure--Qualifications and responsibilities of applicants (FDA Food

Code 8-302.13).

To qualify for a PERMIT, an applicant shall:

(1) Be an owner of the FOOD ESTABLISHMENT or an officer of the legal ownership;

(2) Comply with the requirements of this chapter;

(3) As specified under 08415, agree to allow access to the FOOD ESTABLISHMENT and to

provide required information; and

(4) Pay the applicable PERMIT fees at the time the application is submitted.

08325 Application procedure--Contents of the application (FDA Food Code 8-302.14).

The application must include:

(1) The name, birth date or Unified Business Identifier, mailing address, telephone

number, and signature of the PERSON applying for the PERMIT and the name, mailing

address, and location of the FOOD ESTABLISHMENT;

(2) Information specifying whether the FOOD ESTABLISHMENT is owned by an association,

corporation, individual, partnership, or other legal entity;

(3) A statement specifying whether the FOOD ESTABLISHMENT:

Is mobile or stationary and temporary or permanent; and
Is an operation that includes one or more of the following:
Prepares, offers for sale, or serves TIME/TEMPERATURE CONTROL FOR SAFETY

FOOD:

(A) Only to order upon a CONSUMER'S request;

(B) In advance quantities based on projected CONSUMER demand and

discards FOOD that is not sold or served at an APPROVED frequency; or

(ii) Prepares TIME/TEMPERATURE CONTROL FOR SAFETY FOOD in advance using a

FOOD preparation method that involves two or more steps which may

include combining TIME/TEMPERATURE CONTROL FOR SAFETY FOOD

ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or

thawing;

(iii) Prepares FOOD as specified under (b)(ii) of this subsection for delivery to

and consumption at a location off the PREMISES of the FOOD ESTABLISHMENT

where it is prepared;

(iv) Prepares FOOD as specified under (b)(ii) of this subsection for service to a

HIGHLY SUSCEPTIBLE POPULATION;

Prepares only FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY

FOOD; or

(vi) Does not prepare, but offers for sale only pre-PACKAGED FOOD that is not

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD.

(4) The name, title, address, and telephone number of the PERSON directly responsible for

the FOOD ESTABLISHMENT;

(5) The name, title, address, and telephone number of the PERSON who functions as the

immediate supervisor of the PERSON specified under subsection (4) of this section such

as the zone, district, or regional supervisor;

(6) The names, titles, and addresses of:

The PERSONS comprising the legal ownership as specified under subsection (2) of

this section including the owners and officers; and

The local resident agent if one is required based on the type of legal ownership.

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(7) A statement signed by the applicant that:

Attests to the accuracy of the information provided in the application; and
Affirms that the applicant will:
Comply with this chapter; and

(ii) Allow the REGULATORY AUTHORITY access to the establishment as specified

under 08415 and to the records specified under 03290, 05280 and 08215

(4)(f); and

(8) Other information required by the REGULATORY AUTHORITY.

08330 Issuance--New, converted, or remodeled establishments (FDA Food Code 8-303.10).

For FOOD ESTABLISHMENTS that are required to submit plans as specified under 08200 the

REGULATORY AUTHORITY shall issue a PERMIT to the applicant after:

(1) A properly completed application is submitted;

(2) The required fee is submitted;

(3) The required plans, specifications, and information are reviewed and APPROVED; and

(4) A preoperational inspection as specified under 08225 shows that the establishment is

built or remodeled in accordance with the APPROVED plans and specifications and that

the establishment is in compliance with this chapter.

08335 Issuance--Existing establishments, permit renewal, and change of ownership (FDA

Food Code 8-303.20).

The REGULATORY AUTHORITY may renew a PERMIT for an existing FOOD ESTABLISHMENT or may

issue a PERMIT to a new owner of an existing establishment after a properly completed

application is submitted, reviewed and APPROVED, the fees are paid, and an inspection shows

that the establishment is in compliance with this chapter.

08340 Issuance--Denial of application for permit, notice (FDA Food Code 8-303.30).

If an application for a PERMIT to operate is denied, the REGULATORY AUTHORITY shall provide the

applicant with a notice that includes:

(1) The specific reasons and chapter citations for the PERMIT denial;

(2) The actions, if any, that the applicant must take to qualify for a PERMIT; and

(3) Advisement of the applicant's right of appeal and the process and time frames for

appeal that are provided in LAW.

08345 Conditions of retention--Responsibilities of the regulatory authority (FDA Food Code

8-304.10).

(1) At the time a PERMIT is first issued, the REGULATORY AUTHORITY shall provide to the

PERMIT HOLDER a copy of this chapter so that the PERMIT HOLDER is notified of the

compliance requirements and the conditions of retention, as specified under 08350,

that are applicable to the PERMIT.

(2) Failure to provide the information specified in subsection (1) of this section does not

prevent the REGULATORY AUTHORITY from taking authorized action or seeking remedies

if the PERMIT HOLDER fails to comply with this chapter or an order, warning, or directive

of the REGULATORY AUTHORITY.

08350 Conditions of retention--Responsibilities of the permit holder (FDA Food Code

8-304.11).

Upon acceptance of the PERMIT issued by the REGULATORY AUTHORITY, the PERMIT HOLDER in

order to retain the PERMIT shall:

(1) Post the PERMIT in a location in the FOOD ESTABLISHMENT that is conspicuous to

CONSUMERS;

Part 8: Compliance and Enforcement Page 109

(2) Comply with the provisions of this chapter including the conditions of a granted

VARIANCE as specified under 08120, and APPROVED plans as specified under 08205;

(3) If a FOOD ESTABLISHMENT is required under 08210 to operate under a HACCP PLAN,

comply with the plan as specified under 08120;

(4) Immediately contact the REGULATORY AUTHORITY to report an illness of a FOOD

EMPLOYEE or CONDITIONAL EMPLOYEE as specified under 02215;

(5) Immediately discontinue operations and notify the REGULATORY AUTHORITY if an

IMMINENT HEALTH HAZARD might exist as specified under 08455;

(6) Allow representatives of the REGULATORY AUTHORITY access to the FOOD ESTABLISHMENT

as specified under 08415;

(7) Replace existing facilities and EQUIPMENT specified under 08100 with facilities and

EQUIPMENT that comply with this chapter if:

The REGULATORY AUTHORITY directs the replacement because the facilities and

EQUIPMENT constitute a public health HAZARD or nuisance or no longer comply with

the requirements upon which the facilities and EQUIPMENT were accepted; or

The facilities and EQUIPMENT are replaced in the normal course of operation.

(8) Comply with directives of the REGULATORY AUTHORITY including time frames for

corrective actions specified in inspection reports, notices, orders, warnings, and other

directives issued by the REGULATORY AUTHORITY in regard to the PERMIT HOLDER'S FOOD

ESTABLISHMENT or in response to community emergencies;

(9) Accept notices issued and served by the REGULATORY AUTHORITY according to LAW;

(10) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in

LAW for failure to comply with this chapter or a directive of the REGULATORY AUTHORITY,

including time frames for corrective actions specified in inspection reports, notices,

orders, warnings, and other directives; and

(11) Notify customers that the most recent establishment inspection report or summary

provided by the REGULATORY AUTHORITY is available for review by posting a sign or

placard, or a modified operating permit provided by a REGULATORY AUTHORITY, in a

location in the FOOD ESTABLISHMENT that is conspicuous to customers or by another

method acceptable to the REGULATORY AUTHORITY.

08355 Conditions of retention--Permits not transferable (FDA Food Code 8-304.20).

A PERMIT may not be transferred from one PERSON to another PERSON, from one FOOD

ESTABLISHMENT to another, or from one type of operation to another if the FOOD operation

changes from the type of operation specified in the application as specified under 08325(3)

and the change in operation is not APPROVED.

Subpart D - Inspection and Correction of Violations

08400 Frequency--Establishing inspection interval (FDA Food Code 8-401.10).

(1) Except as specified in subsections (2) and (3) of this section, the REGULATORY

AUTHORITY shall inspect a FOOD ESTABLISHMENT at least once every six months.

(2) The REGULATORY AUTHORITY may increase the interval between inspections beyond six

months if:

The FOOD ESTABLISHMENT is fully operating under an APPROVED and validated

HACCP PLAN as specified under 08215 and 08120 (1) and (2);

The FOOD ESTABLISHMENT is assigned a less frequent inspection frequency based

on a written RISK-based inspection schedule developed by the REGULATORY

AUTHORITY, or set by state or federal LAW, and uniformly applied throughout the

jurisdiction; or

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The establishment's operation involves only coffee service and other FOOD that is

not PACKAGED or pre-PACKAGED FOOD that is not TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD such as carbonated BEVERAGES and snack FOOD such as chips,

nuts, popcorn and pretzels.

(3) The REGULATORY AUTHORITY shall inspect a TEMPORARY FOOD ESTABLISHMENT during its

PERMIT period, unless the REGULATORY AUTHORITY develops a written RISK-based plan

for exempting certain categories of TEMPORARY FOOD ESTABLISHMENTS from inspection

that is uniformly applied throughout the jurisdiction.

08405 Frequency--Performance- and risk-based (FDA Food Code 8-401.20).

Within the parameters specified under 08400, the REGULATORY AUTHORITY shall prioritize, and

conduct more frequent inspections based upon its assessment of a FOOD ESTABLISHMENT'S

history of compliance with this chapter and the establishment's potential as a vector of

foodborne illness by evaluating:

(1) Past performance, for nonconformance with this chapter or HACCP PLAN requirements;

(2) Past performance, for numerous repeat violations of this chapter or HACCP PLAN

requirements;

(3) Past performance, for complaints investigated and found to be valid;

(4) The hazards associated with the particular FOODS that are prepared, stored or served;

(5) The type of operation including the methods and extent of FOOD storage, preparation,

and service;

(6) The number of people served;

(7) Whether the population served is a HIGHLY SUSCEPTIBLE POPULATION; and

(8) Whether the establishment is properly implementing an APPROVED self-inspection

program.

08410 Frequency--Competency of inspectors (FDA Food Code 8-402.10).

(1) An authorized representative of the REGULATORY AUTHORITY who inspects a FOOD

ESTABLISHMENT or conducts plan review for compliance with this chapter shall have the

knowledge, skills, and ability to adequately perform the required duties.

(2) The REGULATORY AUTHORITY shall ensure that authorized representatives who inspect a

FOOD ESTABLISHMENT or conduct plan review for compliance with this chapter have

access to training and continuing education as needed to properly identify violations

and apply the chapter.

08415 Access--Allowed at reasonable times after due notice (FDA Food Code 8-402.11).

After the REGULATORY AUTHORITY presents official credentials and provides notice of the

purpose of, and intent to conduct, an inspection, the PERSON IN CHARGE shall allow the

REGULATORY AUTHORITY to determine if the FOOD ESTABLISHMENT is in compliance with this

chapter by allowing access to the establishment, allowing inspection, and providing

information and records specified in this chapter and to which the REGULATORY AUTHORITY is

entitled according to LAW, during the FOOD ESTABLISHMENT'S hours of operation and other

reasonable times.

08420 Access--Refusal, notification of right to access, and final request for access (FDA Food

Code 8-402.20).

If a PERSON denies access to the REGULATORY AUTHORITY, the REGULATORY AUTHORITY shall:

(1) Inform the PERSON that:

The PERMIT HOLDER is required to allow access to the REGULATORY AUTHORITY as

specified under 08415 of this chapter; and

Access is a condition of the acceptance and retention of a FOOD ESTABLISHMENT

PERMIT to operate as specified under 08350(6).

Part 8: Compliance and Enforcement Page 111

(2) Make a final request for access.

08425 Access--Refusal, reporting (FDA Food Code 8-402.30).

If after the REGULATORY AUTHORITY presents credentials and provides notice as specified under

08415, explains the authority upon which access is requested, and makes a final request for

access as specified under 08420, the PERSON IN CHARGE continues to refuse access, the

REGULATORY AUTHORITY shall provide details of the denial of access on an inspection report

form.

08430 Report of findings--Documenting information and observations (FDA Food Code

8-403.10).

The REGULATORY AUTHORITY shall document on an inspection report form APPROVED by the

Washington State Department of Health:

(1) Administrative information about the FOOD ESTABLISHMENT'S legal identity, street and

mailing addresses, type of establishment and operation as specified under 08325(3),

inspection date, and other information such as type of water supply and SEWAGE

disposal, status of the PERMIT, and personnel certificates that may be required; and

(2) Specific factual observations of violative conditions or other deviations from this

chapter that require correction by the PERMIT HOLDER including:

Failure of the PERSON IN CHARGE to demonstrate the knowledge of foodborne

illness prevention, application of HACCP principles, and the requirements of this

chapter specified under 02105;

Failure of FOOD EMPLOYEES, CONDITIONAL EMPLOYEES, and the PERSON IN CHARGE

to demonstrate knowledge of their responsibility to report a disease or medical

condition;

Nonconformance with this chapter;
Failure of the appropriate FOOD EMPLOYEES to demonstrate their knowledge of,

and ability to perform in accordance with, the procedural, monitoring, verification,

and corrective action practices required by the REGULATORY AUTHORITY as

specified under 08120;

Failure of the PERSON IN CHARGE to provide records required by the REGULATORY

AUTHORITY for determining conformance with a HACCP PLAN as specified under

08215 (4)(f); and

Nonconformance with CRITICAL LIMITS of a HACCP PLAN.

08435 Report of findings--Specifying time frame for corrections (FDA Food Code 8-403.20).

The REGULATORY AUTHORITY shall specify on the inspection report form the time frame for

correction of any violations.

08440 Report of findings--Issuing report and obtaining acknowledgment of receipt (FDA Food

Code 8-403.30).

At the conclusion of the inspection and according to LAW, the REGULATORY AUTHORITY shall

provide a copy of the completed inspection report and the notice to correct violations to the

PERMIT HOLDER or to the PERSON IN CHARGE, and request a signed acknowledgment of receipt.

08445 Report of findings--Refusal to sign acknowledgment (FDA Food Code 8-403.40).

The REGULATORY AUTHORITY shall:

(1) Inform the PERSON who declines to sign an acknowledgment of receipt of inspectional

findings as specified under 08440 that:

An acknowledgment of receipt is not an agreement with the findings;
Refusal to sign an acknowledgment of receipt does not affect the PERMIT HOLDER’S

obligation to correct the violations noted in the inspection report within the time

frames specified; and

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A refusal to sign an acknowledgment of receipt is noted in the inspection report

and conveyed to the REGULATORY AUTHORITY'S historical record for the FOOD

ESTABLISHMENT; and

(2) Make a final request that the PERSON IN CHARGE sign an acknowledgment receipt of

inspectional findings.

08450 Report of findings--Public information (FDA Food Code 8-403.50).

Except as specified under 08220, the REGULATORY AUTHORITY shall treat the inspection report

as a public document and shall make it available for DISCLOSURE to a PERSON who requests it

as provided in LAW.

08455 Imminent health hazard--Ceasing operations and reporting (FDA Food Code 8-404.11).

(1) Except as specified in subsections (2) and (3) of this section, a PERMIT HOLDER shall

immediately discontinue operations and notify the REGULATORY AUTHORITY if an

IMMINENT HEALTH HAZARD might exist.

(2) A PERMIT HOLDER need not discontinue operations in an area of an establishment that is

unaffected by the IMMINENT HEALTH HAZARD.

(3) Considering the nature of the potential hazard involved and the complexity of the

corrective action needed, the REGULATORY AUTHORITY may agree to continuing

operations in the event of an extended interruption of electrical or water service if:

A written emergency operating plan has been APPROVED;
Immediate corrective action is taken to eliminate, prevent, or control any FOOD

safety risk and IMMINENT HEALTH HAZARD associated with the electrical or water

service interruption; and

The REGULATORY AUTHORITY is informed upon implementation of the written

emergency operating plan.

08460 Imminent health hazard--Resumption of operations (FDA Food Code 8-404.12).

If operations are discontinued as specified under 08455 or otherwise according to LAW, the

PERMIT HOLDER shall obtain approval from the REGULATORY AUTHORITY before resuming

operations.

Subpart E - Prevention of Foodborne Disease Transmission by Employees

08500 Investigation and control--Obtaining information--Personal history of illness, medical

examination, and specimen analysis (FDA Food Code 8-501.10).

The REGULATORY AUTHORITY shall act when it has reasonable cause to believe that a FOOD

EMPLOYEE or CONDITIONAL EMPLOYEE has possibly transmitted disease; might be infected with a

disease in a communicable form that is transmissible through FOOD; might be a carrier of

infectious agents that cause a disease that is transmissible through FOOD; or is affected with a

boil, an infected wound, or acute respiratory infection, by:

(1) Securing a confidential medical history of the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE

suspected of transmitting disease or making other investigations as deemed

appropriate; and

(2) Requiring appropriate medical examinations, including collection of specimens for

laboratory analysis, of a suspected FOOD EMPLOYEE or CONDITIONAL EMPLOYEE.

08505 Investigation and control--Restriction or exclusion of food employee, or summary

suspension of permit (FDA Food Code 8-501.20).

Based on the findings of an investigation related to a FOOD EMPLOYEE or CONDITIONAL

EMPLOYEE who is suspected of being infected or diseased, the REGULATORY AUTHORITY may

issue an order to the suspected FOOD EMPLOYEE, CONDITIONAL EMPLOYEE, or PERMIT HOLDER

instituting one or more of the following control measures:

(1) RESTRICTING the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE;

Part 8: Compliance and Enforcement Page 113

(2) EXCLUDING the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE; or

(3) Closing the FOOD ESTABLISHMENT by summarily suspending a PERMIT to operate in

accordance with LAW.

08510 Investigation and control--Restriction or exclusion order: Warning or hearing not

required, information required in order (FDA Food Code 8-501.30).

Based on the findings of the investigation as specified under 08500 and to control disease

transmission, the REGULATORY AUTHORITY may issue an order of RESTRICTION or EXCLUSION to

a suspected FOOD EMPLOYEE or the PERMIT HOLDER without prior warning, notice of a hearing,

or a hearing if the order:

(1) States the reasons for the RESTRICTION or EXCLUSION that is ordered;

(2) States the evidence that the FOOD EMPLOYEE or PERMIT HOLDER shall provide in order to

demonstrate that the reasons for the RESTRICTION or EXCLUSIONS are eliminated;

(3) States that the suspected FOOD EMPLOYEE or PERMIT HOLDER may request an appeal

hearing by submitting a timely request as provided in LAW; and

(4) Provides the name and address of the REGULATORY AUTHORITY representative to whom

a request for an appeal hearing can be made.

08515 Investigation and control--Removal of exclusion or restriction (FDA Food Code

8-501.40).

The REGULATORY AUTHORITY or PERSON IN CHARGE shall release a FOOD EMPLOYEE or

CONDITIONAL EMPLOYEE from RESTRICTION or EXCLUSION according to LAW and the conditions

specified under 02245, 02250, and 02255.

08520 Investigation and control--Procedure when disease transmission is suspected.

(1) When a possible foodborne illness incident is reported to any FOOD EMPLOYEE, the

PERSON IN charge of the FOOD ESTABLISHMENT shall:

Immediately report the incident to the REGULATORY AUTHORITY; and
Remove from sale and refrigerate any suspect FOODS until released by the

REGULATORY AUTHORITY.

(2) When the REGULATORY AUTHORITY suspects that a FOOD ESTABLISHMENT, or its

EMPLOYEES, might be the source of a foodborne illness, the REGULATORY AUTHORITY

shall take appropriate action to control the transmission of disease. This action may

include any or all of the following:

Secure records that might enable identification of PERSONS potentially exposed to

the disease, or require additional assistance in locating such PERSONS;

Secure the illness history of each suspected EMPLOYEE;
EXCLUDE any suspected EMPLOYEE from working in the FOOD ESTABLISHMENT until,

in the opinion of the REGULATORY AUTHORITY, there is no further RISK of disease

transmission;

Suspend the PERMIT of the FOOD ESTABLISHMENT until, in the opinion of the

REGULATORY AUTHORITY, there is no further RISK of disease transmission;

RESTRICT the work activities of any suspected EMPLOYEE;
Require medical and laboratory examinations of any FOOD EMPLOYEE and of

his/her body discharges;

Obtain any suspect FOOD for laboratory examination;
Require the destruction of, or placement of a hold order on, all suspected FOOD;

and

Limit, substitute, or restrict menu items or FOOD handling practices that might be

associated with causing illness.

(3) The provisions of chapter 246-100 WAC, Communicable and Certain Other Diseases,

apply.

Page 114 Washington State Retail Food Code

Subpart F - Enforcement

08600 Permits required, suspension, revocation, enforcement.

(1) Any PERSON operating a FOOD ESTABLISHMENT without a valid PERMIT issued by the

REGULATORY AUTHORITY may be guilty of a misdemeanor under RCW 70.05.120 and

local regulations.

(2) The REGULATORY AUTHORITY may suspend any PERMIT to operate a FOOD

ESTABLISHMENT if:

Continued operation of the FOOD ESTABLISHMENT constitutes an imminent or actual

health hazard;

Operations, facilities, or EQUIPMENT in the FOOD ESTABLISHMENT fail to comply with

these regulations;

The PERMIT HOLDER does not comply with these regulations; or
Interference with the REGULATORY AUTHORITY in the performance of its duties has

occurred.

(3) When the REGULATORY AUTHORITY has suspended a FOOD ESTABLISHMENT PERMIT, the

PERMIT holder or PERSON IN CHARGE:

Shall be notified in writing by the REGULATORY AUTHORITY that the FOOD

ESTABLISHMENT PERMIT is immediately suspended upon service of the notice;

Shall immediately cease all FOOD service operations until a hearing with the

REGULATORY AUTHORITY finds the operation to be in compliance with the

requirements and regulations;

May request a hearing by filing a written request for a hearing with the

REGULATORY AUTHORITY within ten days of receipt of the notice of suspension; and

Shall be notified, if a written request for a hearing is not filed within ten days, that

the suspension is sustained.

(4) Any PERSON whose FOOD ESTABLISHMENT PERMIT has been suspended may at any time

make written application for a reinspection for the purpose of reinstatement of the

PERMIT. The application must include a signed statement explaining how the conditions

causing the suspension of the PERMIT have been corrected.

(5) Within two working days following receipt of a written request for reinspection, the

REGULATORY AUTHORITY shall make a reinspection, and reinstate the PERMIT if the

PERSON is in compliance with these regulations.

(6) The REGULATORY AUTHORITY may adopt and use a PERMIT suspension process different

than specified under subsection (2), (3), (4), or (5) of this section.

(7) The REGULATORY AUTHORITY may revoke a FOOD ESTABLISHMENT PERMIT after providing

the PERMIT HOLDER an opportunity for hearing if:

Serious and repeated violation(s) of any requirements of these regulations have

occurred; or

Repeated interference with, or assault upon a representative of the REGULATORY

AUTHORITY in the performance of his/her duty, has occurred.

(8) Before revocation, the REGULATORY AUTHORITY shall notify, in writing, the PERMIT

HOLDER of the specific reason(s) why the PERMIT is to be revoked. The notice must

state:

That the PERMIT will be revoked at the end of the ten days following the notice

unless a written request for a hearing is filed with the REGULATORY AUTHORITY by

the PERMIT HOLDER within such ten-day period; and

If a request for a hearing is not filed by the PERMIT HOLDER within the ten-day

period, the revocation of the PERMIT becomes final.

Part 8: Compliance and Enforcement Page 115

(9) Any PERSON whose FOOD ESTABLISHMENT PERMIT has been revoked by the REGULATORY

AUTHORITY, after a period of six months, may:

Make written application for a new PERMIT; and
Request a hearing with the REGULATORY AUTHORITY to determine whether a new

PERMIT will be issued.

(10) The REGULATORY AUTHORITY may use a PERMIT revocation process different than

specified under subsections (7), (8), and (9) of this section.

(11) The REGULATORY AUTHORITY may initiate any one, or a combination of, compliance

methods that include, but are not limited to:

Holding an administrative conference with the FOOD ESTABLISHMENT PERMIT

HOLDER or PERSON IN CHARGE;

Placing the FOOD ESTABLISHMENT on probation;
Setting conditions for continued operation of the FOOD ESTABLISHMENT, by the

PERMIT HOLDER, during the probation period;

Requiring additional education or training of EMPLOYEES, management, and

owners of the FOOD ESTABLISHMENT; and

Completing a HAZARD evaluation and requiring monitoring procedures be

implemented for CRITICAL CONTROL POINTS identified.

08605 Service of notice.

(1) A notice provided for in these regulations is properly served when it is:

Delivered to the PERMIT HOLDER;
Delivered to the PERSON IN CHARGE of the FOOD ESTABLISHMENT; or
Sent by registered or certified mail, return receipt requested, to the last known

address of the PERMIT HOLDER.

(2) A copy of the notice must be filed in the records of the REGULATORY AUTHORITY.

08610 Hearings.

(1) The hearings provided for in Part 8 must be:

Conducted by the REGULATORY AUTHORITY or its designee, and
Conducted at a time and place designated by the REGULATORY AUTHORITY.

(2) The REGULATORY AUTHORITY or designee shall:

Make a final finding based upon the complete hearing record;
Sustain, modify, or rescind any notice or order considered in the hearing; and
Furnish a written report of the hearing decision to the PERMIT HOLDER.

(3) The REGULATORY AUTHORITY may adopt and use an alternate hearing process.

Part 9: Alternative Food Facilities Page 117