PART 9: ALTERNATIVE FOOD FACILITIES

Subpart A - Mobile Food Units

09100 Requirements and restrictions--Requirements.

(1) The PERMIT HOLDER and PERSON IN CHARGE of a MOBILE FOOD UNIT shall comply with the

requirements of this chapter, except as otherwise provided in this section.

(2) The PERMIT HOLDER shall obtain approval from other applicable regulating agencies

prior to operating a MOBILE FOOD UNIT, including the Washington State Department of

Labor and Industries.

(3) The PERSON IN CHARGE of a MOBILE FOOD UNIT shall operate the MOBILE FOOD UNIT from

an APPROVED COMMISSARY or SERVICING AREA unless they meet the exemption criteria in

RCW 43.20.148 and shall return to such location for supplies, thorough cleaning, and

other servicing activities, as APPROVED in a plan of operation.

(4) When not in operation, a MOBILE FOOD UNIT must be stored at an APPROVED SERVICING

AREA or other APPROVED location.

(5) If a REGULATORY AUTHORITY suspends a MOBILE FOOD UNIT'S MOBILE PRIMARY PERMIT or

MOBILE SECONDARY PERMIT, the PERMIT HOLDER shall immediately notify each

REGULATORY AUTHORITY that issued the MOBILE FOOD UNIT a permit about the

suspension.

09105 Requirements and restrictions--Restrictions.

The REGULATORY AUTHORITY may impose additional requirements to protect against health

hazards related to the operation of a MOBILE FOOD UNIT and may:

(1) Limit the FOOD preparation steps;

(2) Prohibit some menu items; and

(3) Restrict the mode of operation when facilities or EQUIPMENT are inadequate to protect

public health.

09110 Plan approval--Plan review.

The owner of a MOBILE FOOD UNIT shall submit a properly prepared plan of operation with

specifications of the MOBILE FOOD UNIT, COMMISSARY, and SERVICING AREA to the REGULATORY

AUTHORITY for approval before:

(1) Beginning a construction or remodeling project;

(2) Changing the menu, processes, or preparation procedures of the MOBILE FOOD UNIT;

(3) Changing the vehicle; or

(4) Changing the COMMISSARY.

09115 Plan approval--Plan contents.

(1) To apply for a PRIMARY MOBILE PERMIT, the owner of a MOBILE FOOD UNIT shall include in

the plan required by 09110:

1. Menu and food preparation steps;
2. Floor plan;
3. EQUIPMENT specifications and location;
4. Finish schedule;
5. Source of water and specifications of the on-board plumbing;
6. Site used for SEWAGE disposal;
7. Availability of restrooms for EMPLOYEES;
8. Operating procedures; and

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9. Cleaning schedule.

(2) To apply for a MOBILE SECONDARY PERMIT, the owner of a MOBILE FOOD UNIT shall provide

the following information to the REGULATORY AUTHORITY issuing the secondary permit:

1. A copy of the current MOBILE PRIMARY PERMIT from the original REGULATORY

AUTHORITY;

2. A copy of the complete APPROVED plan review from the original REGULATORY

AUTHORITY;

3. The most recent inspection report of the MOBILE FOOD UNIT from the original

REGULATORY AUTHORITY that demonstrates compliance with food safety standards;

and

4. Any COMMISSARY agreements that the applicant is required to maintain under the

permit from the original REGULATORY AUTHORITY.

(3) Except as provided in (a) and (b) of this subsection, the REGULATORY AUTHORITY may

not require an applicant to submit additional documents or inspections to obtain a

MOBILE SECONDARY PERMIT to operate the MOBILE FOOD UNIT.

1. The REGULATORY AUTHORITY may require an applicant to submit any restroom

agreements the REGULATORY AUTHORITY determines are necessary to comply with

this chapter;

2. The REGULATORY AUTHORITY may require an applicant to submit additional

COMMISSARY agreements as required by this chapter unless:

3. A MOBILE FOOD UNIT is exempt from the use of a COMMISSARY under RCW

43.20.148; or

(ii) A MOBILE FOOD UNIT returns to its APPROVED COMMISSARY after each day of

service as described in the APPROVED plan.

(4) A REGULATORY AUTHORITY granting a MOBILE SECONDARY PERMIT may charge the

applicant an annual PERMIT fee, but may not charge a plan review or inspection fee.

09120 Additional requirements--Standard operating procedures.

The PERSON IN CHARGE of a MOBILE FOOD UNIT shall ensure:

(1) Only EMPLOYEES and other PERSONS authorized by the REGULATORY AUTHORITY are

present in the MOBILE FOOD UNIT;

(2) All EMPLOYEES are in compliance with the provisions of chapter 69.06 RCW and

chapter 246-217 WAC for obtaining and renewing valid FOOD WORKER CARDS, unless all

FOODS are pre-PACKAGED and are nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD;

(3) All FOODS, including ice, are from an APPROVED source or COMMISSARY;

(4) TIME/TEMPERATURE CONTROL FOR SAFETY FOODS prepared on the MOBILE FOOD UNIT are

served the same day they are prepared;

(5) Pre-PACKAGED FOODS are properly labeled;

(6) Only SINGLE-SERVICE ARTICLES are provided for use by the customer; and

(7) Condiments not in individual packages are provided in dispenser bottles or in other

containers protected from contamination.

09125 Time/temperature control for safety food--Temperature control.

The PERSON IN CHARGE of a MOBILE FOOD UNIT shall ensure that TIME/TEMPERATURE CONTROL

FOR SAFETY FOODS are:

(1) Not cooled on the MOBILE FOOD UNIT unless APPROVED;

(2) Properly temperature-controlled during transport to the place of service;

(3) Temperature-monitored by use of a stem-type thermometer or thermocouple capable

of measuring all proper FOOD temperatures; and

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(4) Held in preheated mechanical hot holding EQUIPMENT or prechilled mechanical cold

holding EQUIPMENT, or otherwise temperature controlled by an APPROVED method.

09126 Commissary usage.

(1) The PERSON IN CHARGE of a MOBILE FOOD UNIT shall use a COMMISSARY APPROVED by the

REGULATORY AUTHORITY issuing the primary permit unless exempted under RCW

43.20.148.

(2) The PERMIT HOLDER shall obtain a written, signed COMMISSARY agreement from the

COMMISSARY operator that must be renewed annually. Any changes to the agreement

shall be submitted to the REGULATORY AUTHORITY issuing the MOBILE PRIMARY PERMIT

before implementing the changes.

(3) The PERSON IN CHARGE shall return the MOBILE FOOD UNIT to the COMMISSARY at a

regular frequency, as determined and APPROVED by the REGULATORY AUTHORITY issuing

the primary permit.

(4) The PERSON IN CHARGE shall document presence at the COMMISSARY on a log, maintain

records for one year, and shall make the records available for inspection by the

REGULATORY AUTHORITY upon request.

(5) Depending on the menu and plan of operation, the MOBILE FOOD UNIT operator must

have access at the COMMISSARY to:

1. A three-compartment sink and other APPROVED WAREWASHING equipment;
2. Adequate hot and cold holding equipment as necessary for proper food storage;
3. A service sink with hot and cold water under pressure;
4. At least one HANDWASHING SINK with pressurized hot and cold water that is

conveniently located and used exclusively for handwashing;

5. A conveniently located toilet room;
6. APPROVED methods and equipment to clean and sanitize FOOD and nonfood

contact surfaces within the MOBILE FOOD UNIT; and

7. Adequate space for the sanitary storage of FOOD, EQUIPMENT, UTENSILS, LINENS,

and single-service, or single-use articles.

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09127 Commissary exemption.

(1) The PERSON IN CHARGE of a MOBILE FOOD UNIT shall use a COMMISSARY APPROVED by the

REGULATORY AUTHORITY issuing the primary permit unless exempted under RCW

43.20.148.

(2) The REGULATORY AUTHORITY must approve a request for a MOBILE FOOD UNIT to be exempt

from this chapter or REGULATORY AUTHORITY requirements to operate from an APPROVED

COMMISSARY or SERVICING AREA if:

1. The MOBILE FOOD UNIT contains all EQUIPMENT and UTENSILS needed for complete

onboard preparation of an APPROVED menu;

2. The MOBILE FOOD UNIT is protected from environmental contamination when not in

use;

3. The MOBILE FOOD UNIT can maintain required food storage temperatures during

storage, preparation, service, and transit;

4. The MOBILE FOOD UNIT has a dedicated HANDWASHING SINK To allow frequent

handwashing at all times;

5. The MOBILE FOOD UNIT has adequate water capacity and WAREWASHING facilities to

clean all multiuse utensils used on the MOBILE FOOD UNIT at a frequency specified

in this chapter;

6. The MOBILE FOOD UNIT Is able to store tools onboard needed for cleaning and

SANITIZING;

7. All FOOD, water, and ice used on the MOBILE FOOD UNIT are prepared onboard or

otherwise obtained from APPROVED sources;

8. Wastewater and garbage will be sanitarily removed from the MOBILE FOOD UNIT

following an APPROVED written plan or by a licensed service provider; and

9. The LOCAL HEALTH OFFICER approves the menu and plan of operations for the

MOBILE FOOD UNIT.

09135 Water and wastewater--Water system.

The PERSON IN CHARGE shall ensure that the water system on the MOBILE FOOD UNIT:

(1) Is supplied from an APPROVED source of water;

(2) Is designed and constructed in an APPROVED manner;

(3) Is filled from the APPROVED water source through a FOOD-grade hose;

(4) Is refilled as frequently as necessary to furnish enough hot and cold water for

handwashing, FOOD preparation, UTENSIL cleaning, SANITIZING, and facility cleaning, on

the MOBILE FOOD UNIT;

(5) Has a water supply tank with a minimum capacity of five gallons for handwashing;

(6) Stores liquid waste in a wastewater retention tank with at least fifteen percent more

capacity than the water supply tank; and

(7) Retains wastewater on the MOBILE FOOD UNIT until disposed of by an APPROVED method.

09140 Handwashing--Handwashing facilities.

The PERSON IN CHARGE of a MOBILE FOOD UNIT shall ensure that a separate HANDWASHING SINK

for EMPLOYEES is accessible at all times of operation; allows convenient use by EMPLOYEES; is

located within 25 feet of FOOD preparation, FOOD dispensing, and WAREWASHING areas; is

installed as specified under 05210; and includes soap and paper towels.

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09145 Handwashing--Handwashing waiver.

When only pre-PACKAGED FOOD items are served, the REGULATORY AUTHORITY may waive or

modify requirements for handwashing on the MOBILE FOOD UNIT.

09150 Employee restrooms--Toilet facilities.

The PERMIT HOLDER shall ensure APPROVED toilet facilities are available for EMPLOYEES:

(1) Readily accessible within 500 feet of the MOBILE FOOD UNIT during times of operation, if

at any one location for more than one hour; and

(2) Provided with handwashing facilities that meet the requirements specified under

05210.

09155 Sink compartment requirements--Warewashing facilities.

The PERMIT HOLDER shall ensure:

(1) A three-compartment sink is available on the MOBILE FOOD UNIT with potable hot and

cold running water to wash, rinse, and SANITIZE UTENSILS when UTENSILS are reused on

the MOBILE FOOD UNIT.

(2) The REGULATORY AUTHORITY may waive or modify this requirement in subsection (1) of

this section when a MOBILE FOOD UNIT demonstrates the operation:

1. Includes limited FOOD preparation; and
2. Has additional clean UTENSILS available and UTENSIL washing takes place at an

APPROVED COMMISSARY or SERVICING AREA.

09160 Required postings--Business name and operating locations.

The PERMIT HOLDER shall:

(1) Provide the REGULATORY AUTHORITY a designated business name and permanently display

the business name on the exterior of the MOBILE FOOD UNIT in printed letters at least four

inches in height in a manner easily visible during operation; and

(2) Inform the REGULATORY AUTHORITY of the days, hours and locations intended to vend in a

manner acceptable to the REGULATORY AUTHORITY, such as by telephone, electronic mail,

written correspondence or social media link.

09165 Required postings--Permit.

The PERMIT HOLDER shall ensure the original or a copy of the currently valid FOOD

ESTABLISHMENT PERMIT is posted on the MOBILE FOOD UNIT in a manner easily visible to

customers during operation.

09170 Food and equipment protection--Overhead protection.

The PERMIT HOLDER and PERSON IN CHARGE shall ensure overhead protection is provided at the

site of operation of the MOBILE FOOD UNIT for all FOOD handling activities.

09175 Food and equipment protection--Food and food service supplies.

The PERMIT HOLDER and PERSON IN CHARGE shall ensure that all FOOD, EQUIPMENT, UTENSILS,

and other FOOD service supplies are contained on the MOBILE FOOD UNIT, at the APPROVED

COMMISSARY, at the APPROVED SERVICING AREA, or as otherwise APPROVED in the plan of

operation.

Subpart B - Temporary Food Establishments

09200 Requirements and restrictions.

(1) The PERMIT HOLDER and PERSON IN CHARGE of a TEMPORARY FOOD ESTABLISHMENT shall

comply with the requirements of this chapter, except as otherwise provided in this

subpart.

(2) The REGULATORY AUTHORITY may impose additional requirements to protect against

health hazards related to the operation of the TEMPORARY FOOD ESTABLISHMENT and

may:

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1. Limit the FOOD preparation steps;
2. Prohibit some menu items; and
3. Restrict the mode of operation when facilities or EQUIPMENT are inadequate to

protect public health.

(3) The owner of a TEMPORARY FOOD ESTABLISHMENT shall:

1. Apply to the REGULATORY AUTHORITY for a PERMIT to operate the TEMPORARY FOOD

ESTABLISHMENT at least fourteen calendar days before intending to provide FOOD

service, or as otherwise required by the REGULATORY AUTHORITY;

2. Allow only EMPLOYEES and other PERSONS authorized by the REGULATORY

AUTHORITY to be present in the TEMPORARY FOOD ESTABLISHMENT; and

3. Require the PERSON IN CHARGE of the TEMPORARY FOOD ESTABLISHMENT to obtain a

valid FOOD WORKER CARD before beginning work.

09205 Food and equipment protection--Standard operating procedures.

The PERSON IN CHARGE of a TEMPORARY FOOD ESTABLISHMENT shall ensure:

(1) Adequate facilities are provided at the TEMPORARY FOOD ESTABLISHMENTS for all

necessary FOOD preparation steps;

(2) All FOODS, including ice, are from an APPROVED source;

(3) All off-site FOOD preparation is done in an APPROVED FOOD ESTABLISHMENT;

(4) All storage of FOOD and EQUIPMENT is done at APPROVED locations;

(5) FOOD is transported and stored in properly designed FOOD-grade containers;

(6) FOOD is protected from potential contamination during transport;

(7) Only SINGLE-SERVICE ARTICLES are provided for use by CONSUMERS, unless otherwise

APPROVED by the REGULATORY AUTHORITY; and

(8) Condiments not in individual packages are provided in dispenser bottles or in other

containers protected from contamination.

09210 Time/temperature control for safety food--Temperature control.

The PERSON IN CHARGE of a TEMPORARY FOOD ESTABLISHMENT shall ensure that

TIME/TEMPERATURE CONTROL FOR SAFETY FOODS are:

(1) Not cooled in a TEMPORARY FOOD ESTABLISHMENT;

(2) Properly temperature-controlled during transport to the temporary event location;

(3) Temperature-monitored by use of a stem-type thermometer or thermocouple capable

of measuring all proper food temperatures;

(4) Reheated, for hot holding, from 41°F (5°C) to 165°F (74°C) or above within one hour

when cooked and cooled in an APPROVED FOOD ESTABLISHMENT;

(5) Reheated, for hot holding, from 41°F (5°C) to 135°F (60°C) or above within one hour

when produced in a food processing plant;

(6) Reheated no more than one time; and

(7) Held in preheated mechanical hot holding EQUIPMENT or prechilled mechanical cold

holding EQUIPMENT, or otherwise temperature controlled by an APPROVED method.

09215 Thawing thickness--Thawing time/temperature control for safety foods.

The PERSON IN CHARGE of a TEMPORARY FOOD ESTABLISHMENT shall ensure TIME/TEMPERATURE

CONTROL FOR SAFETY FOODS that are thawed as part of a continuous cooking process are not

greater than four inches thick.

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09220 Public access--Separation barrier.

The PERSON IN CHARGE of a TEMPORARY FOOD ESTABLISHMENT shall ensure a separation barrier

or other effective method is used to protect FOOD preparation area and cooking areas from

public access.

09225 Handwashing and wastewater--Facilities.

The PERMIT HOLDER of a TEMPORARY FOOD ESTABLISHMENT shall ensure APPROVED

handwashing facilities allow convenient use by EMPLOYEES; are located within 25 feet of FOOD

preparation, FOOD dispensing, and WAREWASHING areas; and include:

(1) Potable, warm, running water;

(2) Soap and paper towels;

(3) A five-gallon or larger insulated container kept supplied with warm water for

handwashing delivered through a continuous-flow spigot, if permanent plumbing is not

available; and

(4) A wastewater retention tank sufficient in size to hold all wastewater generated by the

TEMPORARY FOOD ESTABLISHMENT until emptied in an APPROVED manner, if a public

SEWAGE system hookup is not available.

09230 Employee restrooms--Toilet facilities.

The PERMIT HOLDER of a TEMPORARY FOOD ESTABLISHMENT shall ensure APPROVED toilet

facilities are available for EMPLOYEES and are:

(1) Readily accessible during all times of operation; and

(2) Provided with handwashing facilities with potable, warm, running water.

09235 Sink compartment requirements--Warewashing facilities.

The PERMIT HOLDER of a TEMPORARY FOOD ESTABLISHMENT shall ensure access within 200 feet

to a three-compartment sink with APPROVED drain boards and an adequate supply of hot and

cold running water to wash, rinse, and SANITIZE UTENSILS when:

(1) EQUIPMENT or UTENSILS are reused on-site; or

(2) The TEMPORARY FOOD ESTABLISHMENT operates for two or more consecutive days;

except

(3) The REGULATORY AUTHORITY may approve an alternative UTENSIL cleaning method

when three-compartment sinks with drain boards are not available and a health HAZARD

cannot result.

09240 Sink compartment requirements--Food preparation sink.

The PERMIT HOLDER and PERSON IN CHARGE shall ensure a separate FOOD preparation sink is

available at the TEMPORARY FOOD ESTABLISHMENT that is supplied with potable running water,

drained to an APPROVED wastewater system through an indirect connection, if produce needs

to be washed on-site. Alternative produce washing facilities may be used if APPROVED.

Subpart C - Bed and Breakfast Operations

09300 Residential kitchen--Requirements and restrictions.

(1) The PERMIT HOLDER and PERSON IN CHARGE of a BED AND BREAKFAST OPERATION shall

comply with the requirements of this chapter, except as otherwise provided in this

subpart.

(2) The REGULATORY AUTHORITY may impose additional requirements to protect against

health hazards related to the FOOD service portion of a BED AND BREAKFAST OPERATION.

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(3) FOOD may be handled in the residential kitchen of a BED AND BREAKFAST OPERATION

without meeting the provisions of 246-215-02315, 246-215-04212, 246-215-04214,