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Rules and Regulations relating to the Public health Department, regulating the storage, sale and serving of foods in , and the construction, maintenance, and operation of, food-service establishments; requiring permits; defining offenses; prescribing penalties; and repealing Rules and Regulations II.

BE IT ADOPTED BY THE BOARD OF HEALTH OF KING COUNTY, WASHINGTON:
 
 

PART 1 - CITATION

SECTION 1. CITATION. These Rules and Regulations may be cited and referred to, and shall be known as the "King County Food Code".
 
 

PART 2 - PURPOSE AND POLICY DECLARED

SECTION 2. PURPOSE AND POLICY DECLARED. These Rules and Regulations are enacted as an exercise of the police power of King County to protect and preserve the public peace, health, safety, and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

It is expressly the purpose of these Rules and Regulations to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these Rules and Regulations.

It is the specific intent of these Rules and Regulations to place the obligation of complying with its requirements upon the owner or operator of each food-service establishment within its scope, and no provision of nor term used in these Rules and Regulations is intended to impose any duty whatsoever upon King County or any of its officers or employees, for whom the implementation or enforcement of these Rules and Regulations shall be discretionary and not mandatory.

Nothing contained in these Rules and Regulations is intended to be nor shall be construed to create or form the basis for any liability on the part of King County, or its officers, employees or agents, for any injury or damage resulting from the failure of the owner or operator of a food-service establishment to comply with the provisions of these Rules and Regulations , or by reason or in consequence of any act or omission in connection with the implementation or enforcement of these Rules and Regulations, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of these rules and Regulations on the part of King County by its officers, employees or agents.
 
 

PART 3 - DEFINITIONS

SECTION 1. DEFINITIONS "A" THROUGH "D". As used in this these Rules and Regulations, unless the context clearly requires another meaning,

a. "ADULTERATED" means the condition of a food (1) if it bears or contains poisonous or deleterious substance in a quantity that may render it injurious to health; (2) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established; (3) if it consists in whole or in part of any filthy or decomposed substance, or if it is otherwise unfit for human consumption; (4) if it has been processed, prepared, packed or held under an unsanitary condition, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; (5) if it is in whole or in part the product of a diseased animal, or an animal that has died otherwise than by slaughter; or (6) if its container is composed in whole or in part of any poisonous or deleterious substances that may render the contents injurious to health.

b. "APPROVED" means acceptable to the health officer based on his/her determination as to conformance with appropriate health standards and good public health practice.

c. "CATERER" means any person operating a food-service establishment that pursuant to a prior order or agreement prepares food, provides transportation for such food to other premises for consumption, and serves food or sets up a buffet for self-service, either as the primary function of the establishment or as an activity additional to another requiring a permit issued pursuant to these Rules and Regulations.

d. "CLOSED" means fitted together snugly leaving no openings large enough to permit entrance of vermin.

e. "COMMERCIAL CANNERY" means an approved commercial establishment where food for human consumption is packaged in hermetically sealed containers.

f. "COMMISSARY" means a food-service establishment or any other place in which food, containers, or supplies are kept, handled, prepared, packaged or stored for use in a mobile or temporary food establishment.

g. "CORROSION-RESISTANT MATERIALS" means those materials that maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and bactericidal solutions, and the general conditions-of-use environment.

h. "DEPARTMENT" means the Public Health Department of King County.

SECTION 2. DEFINITIONS "E" THROUGH "F". As used in these Rules and Regulations, unless the context clearly requires a different meaning,

a. "EASILY CLEANABLE" means readily accessible, of such material and finish, and so fabricated that residue may be effectively removed by normal cleaning methods.

b. "EQUIPMENT" means all stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, tables, counters , refrigerators, sinks, dishwashing machines, steam-tables, and similar items, other than utensils, used in the operation of a food-service establishment.

c. "FOOD" means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption.

d. "FOOD - CONTACT SURFACE" means every surface of equipment and utensils with which food normally comes in contact, and every surface from which food may drain, drip, or splash back onto a surface normally in contact with food.

e. "FOOD DEMONSTRATION" means the serving, without charge, of any sample or portion of food, drink, or food product for the purpose of publicizing, advertising, or promoting the sale of food, food products, or food preparation equipment.*

*AMENDED 12-3-87

f. ""FOOD DEMONSTRATOR" means any business which provides personnel who conduct food demonstrations.*

*AMENDED 12-3-87

g. "FOOD PREPARATION" means thawing, cooking, cooling, reheating, putting together, cutting, slicing, dividing, mixing, portioning, or packaging of perishable or potentially hazardous food for a consumer, except that trimming or cleaning of whole vegetables or fruits for display and sale shall not be considered food preparation.**

**AMENDED 7-29-86

h. "FOOD PROCESSING ESTABLISHMENT" means any commercial establishment, such as a delicatessen or a snack bar, in which food is processed or otherwise prepared or packaged or where any potentially hazardous food is placed, packaged, or repackaged into another container for consumption or resale.*

*AMENDED 12-3-87

. i. "FOOD PROMOTION " means the serving of any non-potentially hazardous nonalcoholic beverages and only hot dogs, with or without a charge, for the purpose of publicizing, advertising or promoting the beverages.*

*AMENDED 12-3-87

j. "FOOD PROMOTER" means any business which provides personnel who conduct food promotions. *

*AMENDED 12-3-87

k. "FOOD-SERVICE ESTABLISHMENT" means any restaurant; snack bar; tavern; bar; night club; produce stand; industrial feeding establishment; grocery store; limited grocery store; mobile food service unit; retail bakery; private, public, or nonprofit organization or institution routinely serving good; catering kitchen; food-processing establishment; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation where food is served or provided for the public with or without charge; Provided, that any establishment subject to licensure under Rules and Regulations VI, or any successor Rules and Regulations relating to any such matters, shall not thereby avoid being considered to be a food-service establishment.

SECTION 3. DEFINITIONS "G" THROUGH "L". As used in these Rules and Regulations, unless the context clearly requires a different meaning,

a. "GROCERY STORE" means any food-service establishment other than an establishment defined in subsections Part 3, Section 1 c.; Section 2 e. and h.; Section 3 f.; Section 4 b. and i.; Section 5 b., c., and i.; and Section 6 b. and c. of these Rules and Regulations, that sells or offers for sale any food requiring temperature control.

b. "HAZARD ANALYSIS" means identification by the health officer of high risk procedures in food preparation steps of a food-service establishment in order to reduce or eliminate factors which causes or contribute to foodborne illness.**

**AMENDED 7-29-86

c. "HEALTH OFFICER" means the Director of Public Health of King County and any of his/her designated representatives.

d. "HERMETICALLY SEALED CONTAINER" means a container designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its content after processing.

e. "KITCHENWARE" means all multi-use utensils other than tableware used in the storage, preparation, transportation, or serving of food.

f. "LAW" includes federal, state, and local statutes, ordinances, and rules and regulations.

g. "LIMITED GROCERY STORE" means any food-service establishment not defined in subsections Part 3, Section 1 c.; Section 2 e. and h.; Section 3 a.; Section 4 b. and i.; Section 5 b., c., and i.; and Section 6 b. and c. of these Rules and Regulations, that sells or offers for sale or generally makes available to the consumer only food not requiring temperature control.

SECTION 4. DEFINITIONS "A" THROUGH "Q". As used in these Rules and Regulations, unless the context clearly requires a different meaning,

a. "MISBRANDED" means the presence of any written , printed, or graphic matter upon or accompanying food or a container of food, that is false or misleading or that violates any applicable Federal, State or County labeling requirement.

b. "MOBILE FOOD-SERVICE UNIT" means an approved movable vehicle that is operated from either a fixed location or on an established daily route; is supplied from, and cleaned and maintained at, a commissary or other approved fixed food establishment; and from which food is prepared, served, or provided for the public with or without charge. Such units shall be classified according to the following categories:

(1) "Low Hazard Mobile Food Cart"-- A cart or vehicle limited to serving non- potentially hazardous foods or frankfurters.*

(2) "Restricted Mobile Food Cart" -- A cart or vehicle limited to serving only prepackaged potentially hazardous food or espresso beverages.*

(3) "Unrestricted Mobile Food Caterer" -- A vehicle preparing or serving food in an approved enclosed mobile unit which operates at a specified location or on a prearranged route to business and industrial establishments, serving items for the convenience of the personnel of such establishments. *

(4) "Restricted Mobile Food Caterer" -- A vehicle serving prepackaged food and beverages to business and industrial establishments pursuant to prearranged schedules, and dispensing from said vehicles said items, at retail, for the convenience of the personnel of such establishments. *

* (1-4 ) AMENDED 12-3-87

c. "PACKAGED" means bottled, canned, cartoned, or securely wrapped.

d. "PERISHABLE FOOD" means any food of such type or in such condition as may spoil.

e. "PERSON" means any individual, or a firm, partnership, company, corporation, trustee, association, or any public or private entity.

f. "PERSON IN CHARGE" means the individual present in a food-service establishment who is the supervisor of the food-service establishment at the time of inspection. If no individual is the supervisor, then any person working therein may be deemed to be the person in charge.

g. "POISONOUS MATERIAL" means and includes insecticides and rodenticides; detergents, sanitizers, and related cleaning or drying agents; caustics, acids, polishes, and other chemicals.

h. "potentially hazardous FOOD" means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor free shell eggs or foods which have a pH level of 4.6 or below or a water activity (a) value of 0.85 or less.

i. "PRODUCE STAND" means a roadside stand or similar structure that operates as a food-service establishment at a fixed location and offers for sale only fresh whole fruits and /or vegetables, pursuant to special rules promulgated by the health officer pursuant to these Rules and Regulations.

SECTION 5. DEFINITIONS "R" THROUGH "S". As used in these Rules and Regulations, unless the context clearly requires a different meaning,

a. "Reconstituted" means dehydrated food products recombined with water or other liquids.

b. "RESTAURANT" means any stationary food-service establishment providing seating or seating equivalents, including but not limited to a cafeteria, coffee shop, luncheonette, grill, tea room, sandwich shop, short-order cafe, cocktail lounge, dinner theater, and soda fountain, that gives, sells , or offers for sale food to the public, guests, patrons, or its personnel, as well as commercial kitchens in which food is prepared and is either served on the premises or is transported off-premises but is not served or set up as a buffet by restaurant personnel.

c. "RETAIL BAKERY" means any food-service establishment in which food and food products are mixed and baked to final form and offered to the ultimate consumer and intended for off-premises consumption.

d. "SAFE MATERIALS" means articles manufactured from or composed of materials that may not reasonable be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of a any food. If materials used are food additives or color additives as defined in Section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act, they are "safe" only if they are used in conformity with regulations established pursuant to Section 409 or Section 706 of that Act. Other materials are "safe" only if, as used, they are not food additives or color additives as defined in Section 201(s) or (t) of that Act and are used in conformity with all applicable regulations of the United States of America, Department of Health and Human Services, Food and Drug Administration.

e. "SAFE TEMPERATURE", as applied to potentially hazardous food, means temperatures of forty-five degrees Fahrenheit (45oF.) (seven degrees Celsius (7oC.) or below, and one hundred forty degrees Fahrenheit (140oF.) (fifty-seven degrees Celsius (57oC.) or above.

f. "SANITIZE" means to treat by a process providing accumulative heat or a concentration of chemicals for a period of time sufficient to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment.

g. "SEALED" means free of cracks or other openings that permit the entry or passage of moisture.

h. "SEASONAL FOOD-SERVICE ESTABLISHMENT" means a food-service establishment that operates for no more than six (6) consecutive months.*

*AMENDED 7/29/86

i. "SINGLE SERVICE ARTICLES" means and includes cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping materials, and all similar articles that are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, or other readily destructible material, and that are intended by the manufactures thereof, or are generally recognized by the public as being for one-time, one-person use prior to disposal.

j. "SNACK BAR" means any stationary food-service establishment from which food is served or provided to the public and that provides no inside or outside seating or defined parking space for its patrons or customers.

SECTION 6. DEFINITIONS "T" THROUGH "Z". As used in these Rules and Regulations, unless the context clearly requires a different meaning,

a. "TABLEWARE" means all multi-use eating and drinking utensils, including flatware (knives, forks, and spoons).

b. "TAVERN" means any food-service establishment issued a Type B ,C, E or F license by the Washington State Liquor Board, or having an application for such type of license pending before such Board, and that offers for consumption or sale no food other than prepackaged food not requiring food preparation or handling.

c. "TEMPORARY FOOD-SERVICE ESTABLISHMENT "means a food-service establishment that operates at a fixed location for a period of time not more than fourteen days in conjunction with an event such as a fair, carnival, circus, or public exhibition.*

*AMENDED 7-29-86

d. "UTENSIL" means any implement used in the storage, preparation, transportation, or service of food.

e. "WHOLESOME" means in sound condition, clean , free from adulteration, and otherwise suitable for use as human food.
 
 

(PARTS 4-10 RESERVED)
 
 
 
 
 

PART 11 - FOOD SUPPLIES

SECTION 1. FOOD SUPPLIES - GENERAL. All food in food-service establishments shall be from sources not disapproved by the health officer, and shall be wholesome and not misbranded. The use of food in hermetically sealed containers not filled and sealed in a commercial cannery is prohibited.

SECTION 2. FOOD SUPPLIES - SPECIAL REQUIREMENTS.

a. Fluid milk and fluid milk products used or served shall be pasteurized and shall meet the Grade A quality standards established by law. Dry milk and dry milk products shall be made from pasteurized milk and milk products.

b. Shucked shellfish, whether fresh or frozen shall be packed and stored in non-returnable packages identified with the name and address of the original shucker-packer, or repacker, and the official governmental certification number issued according to law. Each container of unshucked shell fish shall be identified by an attached tag that states the name and address of the original shell stock processor, the kind and quantity of shell stock and an official governmental certification number issued by the shellfish control agency. Shellfish, whether shucked or unshucked, shall be kept in the container in which they were received until they are used.

c. Only clean whole eggs, with shell intact and without cracks or checks, or pasteurized liquid, frozen, or dry eggs or pasteurized dry egg products shall be used, except that hard-boiled, peeled eggs, commercially prepared and packaged, may be used.
 
 

PART 12 - FOOD PROTECTION

SECTION 1. FOOD PROTECTION - GENERAL. Food shall be protected at all times from potential contamination from, among other things, dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leakage or overhead drippage from condensation. Potentially hazardous food shall be kept at safe temperature at all times, except as otherwise provided in these Rules and Regulations.

SECTION 2. FOOD PROTECTION - EMERGENCY OCCURRENCES. In the event of a fire, flood, power outage, or similar event that might result in the contamination of food, or that might prevent potentially hazardous food from being held at a safe temperature, the person in charge shall immediately contact the health officer. Upon receiving notice of this occurrence, the health officer shall take whatever action that he/she deems necessary to protect the public health.
 
 

PART 13 - FOOD STORAGE

SECTION 1. FOOD STORAGE - GENERAL

a. Food, whether raw or prepared, if removed from the container or package in which it was obtained, shall be stored in a clean, covered container except during necessary periods of preparation or service. Container covers shall be impervious and nonabsorbent, except that linens or napkins may be used for lining or covering bread or roll containers. Solid cuts of meat shall be protected by being covered in storage, except that quarters or sides of meat may be hung uncovered on clean sanitized hooks if no food product is stored beneath the meat.

b. Containers of food shall be stored a minimum of six (6) inches above the floor in a manner that protects the food from splash and other contamination, and that permits easy cleaning of the storage area, except that containers may be stored on easily movable dollies, racks or pallets.

c. Food and containers of food shall not be stored under exposed or unprotected sewer lines or water lines except for automatic fire protection sprinkler heads required by law. The storage of food in toilet rooms or vestibules is prohibited.

d. Food not subject to further washing or cooking before serving shall be stored n a way that protects it against cross-contamination from food requiring washing or cooking.

e. Packaged food shall not be stored in contact with water or undrained ice. Wrapped sandwiches shall not be stored in direct contact with ice.

f. Bulk food such as cooking oil, syrup, salt, sugar or flour not stored in the product container or package in which it was obtained, shall be stored in a container identifying the food by common name.

SECTION 2. FOOD STORAGE -REFRIGERATED.

a. Enough conveniently located refrigeration facilities or effectively insulated facilities shall be provided to ensure the storage of potentially hazardous food at a safe temperature. each mechanically refrigerated facility storing potentially hazardous food shall be provided with a numerically scaled indicating or recording thermometer, accurate to plus or minus three degrees Fahrenheit (± 3° ), located to measure the air temperature in the warmest part of the facility and to be easily readable.

b. Potentially hazardous food requiring refrigeration after preparation shall be rapidly cooled to forty-five degrees Fahrenheit (45° F.) (seven degrees Celsius (7° C.)) or below. Potentially hazardous foods of large volume or prepared in large quantities shall be rapidly cooled, utilizing such methods as:

(1) Quick chilling with running cold water bath or an ice bath cooled with agitation;

(2) Storage of foods in small containers in freezer units coupled with agitation;

(3) Shallow pans - food depth of four (4) inches or less; or

(4) Other approved methods.

In all cases potentially hazardous foods shall be cooled to seventy degrees Fahrenheit (70° F.) (21 degrees Celsius (21° C.)) or below within two (2) hours and to forty-five degrees Fahrenheit (45° F.) (seven degrees Celsius (7° C.)) or below within four (4) hours after removal from a hot-holding device or the end of the cooking process.

c. Frozen food shall be kept frozen and should be stored at a temperature of zero degrees Fahrenheit (0° F.) (minus eighteen degrees Celsius (-18° C.)) or below.

d. Ice intended for human consumption shall not be used as a medium for cooling stored food, food containers or utensils, except that such ice may be used for cooling tubes conveying beverages or beverage ingredients to a dispenser head. Ice used for cooling stored food and food containers shall not be used for human consumption.

SECTION 3. FOOD STORAGE - HEATED.

a. Enough conveniently located hot food storage facilities shall be provided to assure the storage of potentially hazardous food at a safe temperature. Each hot food facility storing potentially hazardous food shall be provided with a numerically scaled indicating or recording thermometer, accurate to plus or minus three degrees Fahrenheit ( ± 3° F.), located to measure the air temperature in the coolest part of the facility and to be easily readable. Where it is impractical to install thermometers on equipment such as bainmaries, steam tables, steam kettles, heat lamps, cal-rod units, or insulated food transport carries, a product thermometer must be available to check internal food temperature.

b. The internal temperature of potentially hazardous foods requiring hot storage shall be one hundred forty degrees Fahrenheit (140° F.) (fifty-six degrees Celsius (56° C.)) or above except during necessary periods of preparation. Potentially hazardous food to be transported shall be held at a temperature of one hundred forty degrees Fahrenheit(140° F.) (fifty-six degrees Celsius (56° C.)) or above unless maintained in accordance with Part 13, Section 2 b. of these Rules and Regulations.
 
 

PART 14 - FOOD PREPARATION

SECTION 1. FOOD PREPARATION - GENERAL

a. Food shall be prepared with the least possible manual contact, with suitable utensils, and on surfaces that prior to use have been cleaned, rinsed and sanitized to prevent cross-contamination.

b. Preparation of potentially hazardous salads (such as potato or macaroni types) shall be completed using prechilled ingredients to assure minimum temperature rise during preparation.

SECTION 2. FOOD PREPARATION - RAW FRUITS AND RAW VEGETABLES. Raw fruits and raw vegetable shall be thoroughly washed with potable water before being cooked or served.

SECTION 3. FOOD PREPARATION - COOKING POTENTIALLY HAZARDOUS FOODS. Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to a temperature of at least one hundred forty degrees Fahrenheit (140° F.) (fifty-six degrees Celsius (56° C.)), except that:

a. Poultry, poultry stuffings, stuffed meats and stuffings containing meat shall be cooked to heat all parts of the food to at least one hundred sixty-five degrees Fahrenheit (165° F.) (seventy-four degrees Celsius (74° C.)) with no interruption of the cooking process.

b. Pork and any food containing pork shall be cooked to heat all parts of the food to at least one hundred fifty degrees Fahrenheit (150° F.) (sixty-six degrees Celsius (66° C.)).

c. Unless otherwise ordered by the immediate consumer, rare roast beef shall be cooked to an internal temperature of at least one hundred thirty degrees Fahrenheit (130° F.) (fifty-four degrees Celsius (54° C.)), and rare beef steak shall be cooked to a temperature of one hundred thirty degrees Fahrenheit (130° F.) (fifty-four degrees Celsius (54° C.)).

SECTION 4. FOOD PREPARATION - DRY MILK AND DRY MILK PRODUCTS. Reconstituted dry milk and dry milk products may be used only for cooking and baking purposes.

SECTION 5. FOOD PREPARATION - LIQUID, FROZEN, DRY EGGS AND EGG PRODUCTS. Liquid, frozen, dry eggs and egg products shall be used only for cooking and baking purposes.

SECTION 6. FOOD PREPARATION - REHEATING. Potentially hazardous foods that have been cooked and then refrigerated, shall be reheated rapidly to one hundred sixty-five degrees Fahrenheit (165° F.) (seventy-four degrees Celsius (74° C.)) or higher throughout before being served or before being placed in a hot food storage facility. Steam tables , bainmaries, warmers, and similar hot food holding facilities are prohibited for the rapid reheating of potentially hazardous foods.

SECTION 7. FOOD PREPARATION - NON-DAIRY PRODUCTS. Nondairy creaming, whitening, or whipping agents may be reconstituted on the premises only when they will be stored in sanitized, covered containers not exceeding one gallon in capacity and cooled to forty-five degrees Fahrenheit(45° F.) (seven degrees Celsius (7° C.)) or below within four (4) hours after preparation.

SECTION 8. FOOD PREPARATION USE OF PRODUCT THERMOMETERS. Indicating thermometers as described in part 32, Section 5. of these Rules and Regulations, shall be used to assure the attainment and maintenance of proper internal cooking, holding, or refrigeration temperatures of all potentially hazardous foods.

SECTION 9. FOOD PREPARATION - THAWING POTENTIALLY HAZARDOUS FOODS. Potentially hazardous foods shall be thawed:

a. In refrigerated units at a temperature not to exceed forty-five degrees Fahrenheit (45° F.) (seven degrees Celsius (7° C.)); or

b. Under potable running water of a temperature of seventy degrees Fahrenheit (70° F.) (twenty-one degrees Celsius (21° C.)) or below, with sufficient water velocity to agitate and float off loose food particles into the overflow; or

c. In a microwave oven only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave over; or

d. As part of the conventional cooking process.
 
 

PART 15 - FOOD DISPLAY AND SERVICE

SECTION 1. FOOD DISPLAY AND SERVICE - FOOD DEMONSTRATIONS. No person shall undertake a food demonstration except within a food-service establishment, or where such food demonstration is under the sponsorship of a food-service establishment, in an area immediately adjacent to and under the control of such food-service establishment.

SECTION 2. FOOD DISPLAY AND SERVICE - POTENTIALLY HAZARDOUS FOOD. Potentially hazardous food shall be kept at an internal safe temperature during display and service.

SECTION 3. FOOD DISPLAY AND SERVICE - MILK AND CREAM DISPENSING.

a. Milk and milk products for drinking purposes shall be provided to the consumer from an unopened, commercially filled package not exceeding one (1) pint in capacity, or drawn from a commercially filled container stored in a mechanically refrigerated bulk milk dispenser. Where a bulk dispenser for milk and milk products is not available and portions of less than one-half (1/2) pint are required for mixed drinks, cereal, or dessert service, milk and milk products may be poured from a commercially filled container of not more than one-half (1/2) gallon capacity.

b. Cream or half and half shall be provided in an individual service container, protected pour-type pitcher, or drawn form a refrigerated dispenser designed for such purpose.

SECTION 4. FOOD DISPLAY AND SERVICE - NONDAIRY PRODUCT DISPENSING. Nondairy creaming or whitening agents shall be provided in an individual service container, protected pour-type pitcher, or drawn from a refrigerated dispenser designed for such service.

SECTION 5. FOOD DISPLAY AND SERVICE - CONDIMENT DISPENSING.

a. Condiments, seasonings and dressings for self-service use shall be provided in individual packages, from dispensers, or from containers protected in accordance with Part 15, Section 9. of these Rules and Regulations.

b. Condiments provided for table or counter service shall be individually proportioned, except that catsup and other sauces may be served in the original container or a pour-type dispenser. Sugar for consumer use shall be provided in individual packages or in pour-type dispensers.

SECTION 6. FOOD DISPLAY AND SERVICE - ICE DISPENSING. Ice for consumer use shall be dispensed only by personnel with scoops, tongs, or other ice-dispensing utensils or through automatic self-service, ice-dispensing equipment. Ice-dispensing utensils shall be stored on a clean surface or in the ice with the dispensing utensilís handle extended out of the ice. Between uses, ice transfer receptacles shall be stored in a way that protects them from contamination. Ice storage bins should be drained through an air gap.

SECTION 7. FOOD DISPLAY AND SERVICE - DISPENSING UTENSILS. To avoid unnecessary manual contact with food, suitable dispensing utensils shall be used by personnel or provided to consumers who serve themselves. Between uses during service, dispensing utensils shall be:

a. Stored in the food with the dispensing utensil handle extended out of the food; or

b. Stored clean and dry; or

c. Stored either in a running water dipper well, or clean and dry in the case of dispensing utensils and malt collars used in preparing frozen desserts.

SECTION 8. FOOD DISPLAY AND SERVICE - RE-SERVICE. Once served to a consumer, portions of leftover food shall not be served again except that packaged food, other than potentially hazardous food, that is still packaged and is still in sound condition, may be re-served.

SECTION 9. FOOD DISPLAY AND SERVICE - DISPLAY EQUIPMENT. Food on display shall be protected from consumer contamination by the use of packaging or by the use of easily cleanable counter, serving line or salad bar protector devices, display cases or by other effective means. Enough hot or cold food facilities shall be available to maintain potentially hazardous food at a safe temperature while on display.

SECTION 10. FOOD DISPLAY AND SERVICE - RE-USE OF TABLEWARE Re-use of soiled tableware by self-service consumers returning to the service area for additional food is prohibited. Beverage cups and glasses are exempt from this requirement.
 
 

PART 16 - FOOD TRANSPORTATION

SECTION 1. FOOD TRANSPORTATION - GENERAL. During transportation, food and utensils shall be kept in covered containers or completely wrapped or packaged so as to be protected form contamination. Foods in original individual packages do not need to be overwrapped or covered if the original package has not been torn or broken. During transportation, including transportation to another location for service or catering operations, food shall meet the requirements of these rules and regulations relating to food protection and food storage.
 
 

(PARTS 17-20 RESERVED)
 
 
 
 
 

PART 21 - PERSONNEL

SECTION 1. PERSONNEL - GENERAL HEALTH. No person who is infected with a disease in a communicable form that can be transmitted by foods; who is a carrier of organisms that cause such a disease; or who is afflicted with a boil, an infected wound, or an acute respiratory infection, shall work in a food-service establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease to another person.

SECTION 2. PERSONNEL - FOOD AND BEVERAGE SERVICE WORKERS PERMITS -FEES. Every person whose duties, for more than thirty (30) days include the handling of unwrapped or unpackaged food shall obtain, and file with his/her employer, or where self-employed shall obtain a valid Food and Beverage Workerís Permit issued under Chapter 69.06 RCW. No person shall employ for more than thirty (30) days any person whose duties include the handling of unwrapped or unpackaged food and who has not filed such permit with his/her employer. *

* AMENDED 1-1-87

RCW Chapter 69.09, Chapter 248-86 WAC

The permit fee shall be in the amount specified by the Washington State Board of Health pursuant to RCW 69.09.020.*

*AMENDED 12-3/87

SECTION 3. PERSONNEL - PERSONAL CLEANLINESS. Food -service establishment personnel whose duties include food handling shall thoroughly wash their hands and the exposed portions of their arms with soap and warm water before starting work, during work as often as it is necessary to keep them clean, and after smoking, eating, drinking, handling raw meat or poultry, or using the toilet. Such personnel shall keep their fingernails clean and trimmed.

SECTION 4. PERSONNEL - CLOTHING.

a. Food-service establishment personnel whose duties include food handling shall put on clean outer clothing at the commencement of their work.

b. Food-service establishment personnel whose duties include food handling shall use effective hair restraints to prevent the contamination of food or food contact-surface while they are on duty.

SECTION 5. PERSONNEL - PRACTICES.

a. Food-service establishment personnel shall consume food only in designated dining areas; no dining area shall be so designated if consuming food there may result in contamination of other food, equipment, utensils, or other items needing protection.

b. Food-service establishment personnel shall not use tobacco in any form while engaged in food preparation or service, nor while in areas used for equipment or utensil washing or for food preparation. Such personnel shall use tobacco only in designated areas; no area shall be so designated if the use of tobacco there may result in contamination of food, equipment, utensils, or other items needing protection.

c. Food-service establishment personnel shall handle soiled tableware in a way that minimizes contamination of their hands.

d. Food-service establishment personnel shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods in the food-service establishment.
 
 

(PARTS 22-30 RESERVED)
 
 
 
 
 

PART 31 - PERMISSIBLE EQUIPMENT AND MATERIALS

SECTION 1. EQUIPMENT AND MATERIALS - SOLDER. If solder is used, it shall be composed of safe materials and be corrosion resistant.

SECTION 2. EQUIPMENT AND MATERIALS - WOOD. Hard maple or equivalently nonabsorbent material that meets the general requirements set forth in Part 32, Section 1. a. and b. of these Rules and Regulations may be used for cutting blocks, cutting boards, salad bowls, and bakerís tables, Wood may be used for single-service articles, such as chop sticks, stirrers, or ice cream spoons. The use of wood as a food-contact surface under other circumstances is prohibited.

SECTION 3. EQUIPMENT AND MATERIALS - RUBBER AND PLASTIC. Safe plastic, rubber, or rubber-like materials that are resistant under normal conditions of use to scratching, scoring, decomposition; that are of sufficient weight and thickness to permit cleaning and sanitizing by normal dishwashing methods; and that meet the requirements set forth in Part 31, Section 1.a. and b. of these Rules and Regulations are permitted for repeated use.

SECTION 4. EQUIPMENT AND MATERIALS - MOLLUSK AND CRUSTACEA SHELLS. Mollusk and crustacea shells may be used only once as a food serving container.

SECTION 5. EQUIPMENT AND MATERIALS - SINGLE SERVICE. Re-use of single service articles is prohibited.
 
 

PART 32 - EQUIPMENT AND MATERIALS DESIGN AND FABRICATION

SECTION 1. DESIGN AND FABRICATION - GENERAL.

a. All equipment and utensils, including plastic-ware and single service articles, shall be durable under conditions of normal use; resistant to denting, buckling, pitting, chipping, and crazing; and shall not impart odors, color or taste nor contribute to the contamination of food.

b. Food-contact surfaces shall be easily cleanable; smooth; corrosion resistant; free of breaks, open seams, cracks, chips, pits, and similar imperfections, and difficult-to-clean internal corners and crevices. Cast iron may be used as a food-contact surface only if the surface is heated, such as in grills, griddle tops, and skillets. Threads shall be designed to facilitate cleaning; ordinary "V" type threads are prohibited in food-contact surfaces except in equipment such as icemakers or hot oil cooking equipment and hot oil filtering systems, in which such threads shall be minimized.

c. Equipment containing bearings and gears requiring unsafe lubricants shall be designed and constructed so that the lubricant cannot leak, drip, or be forced into food or onto food-contact surfaces. Only safe lubricants shall be used on equipment designed to receive lubrication of bearings and gears on or within food-contact surfaces.

d. Tubing conveying beverages or beverage ingredients to dispensing heads shall be fabricated only from safe materials, shall be grommeted at entry and exit points to preclude moisture (condensation) from entering the ice machine or the ice storage bin, and shall be kept clean. Drainage or drainage tubes from dispensing units shall not pass through any ice machine or any ice storage bin.

e. Sinks and drain boards shall be self-draining.

SECTION 2. DESIGN AND FABRICATION - FOOD-CONTACT SURFACE ACCESSIBILITY. Unless designed for in-place cleaning, food-contact surfaces shall be accessible for cleaning and inspection:

a. Without being disassembled; or

b. By disassembly without the use of tools; or

c. By easy disassembling with the use of only simple tools such as a mallet, a screwdriver, or an open-end wrench kept available near the equipment.

SECTION 3. DESIGN AND FABRICATION - IN-PLACE CLEANING. Equipment intended for in-place cleaning shall be so designed and fabricated that:

a. Cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning an sanitizing regimen; and

b. Cleaning and sanitizing solutions will contact all interior food-contact

surfaces; and

c. The system is self-draining or capable of being completely evacuated.

SECTION 4. DESIGN AND FABRICATION - PRESSURE SPRAY CLEANING. Fixed equipment designed and fabricated to be cleaned and sanitized by pressure spray methods shall have sealed electrical wiring, switches, and connections.

SECTION 5. DESIGN AND FABRICATION - THERMOMETERS. Indicating thermometers required for immersion into food or cooking media shall be of metal stem type construction, numerically scaled, and accurate to plus or minus two degrees Fahrenheit (±2° F.)

SECTION 6. DESIGN AND FABRICATION - NON-FOOD-CONTACT SURFACES. Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or which otherwise require frequent cleaning shall be designed and fabricated to be smooth, washable, free of unnecessary ledges, projections, or crevices, and readily accessible for cleaning, and shall be of such material and in such repair as to be easily maintained in a clean and sanitary condition.

SECTION 7. DESIGN AND FABRICATION - VENTILATION HOODS. Ventilation hoods and devices shall be designed to prevent grease or condensation from collecting on walls and ceilings, and from dripping into food or onto food-contact surfaces. Filters or other grease extracting equipment shall be readily removable for cleaning and replacement if not designed to be cleaned in place.

SECTION 8. DESIGN AND FABRICATION - EXISTING EQUIPMENT. Equipment that was installed in a food-service establishment prior to the effective date of these Rules and Regulations, and that does not fully meet all of the design and fabrication requirements of Part 32, Sections 1 through 7, shall be deemed acceptable in that establishment if it is in good repair, capable of being maintained in a sanitary condition, and the food-contact surfaces are nontoxic. Replacement equipment and new equipment acquired after the effective date of these Rules and Regulations shall meet the requirements of there Rules and Regulations.
 
 

PART 33 - EQUIPMENT INSTALLATION AND LOCATION

SECTION 1. EQUIPMENT INSTALLATION AND LOCATION - GENERAL. Equipment, including ice makers and ice storage equipment, shall not be located under exposed or unprotected sewer lines or waterlines, open stairwells, or other sources of contamination. This requirement does not apply to automatic fire protection sprinkler heads that may be required by law.

SECTION 2. EQUIPMENT INSTALLATION AND LOCATION - TABLE MOUNTED EQUIPMENT. Equipment placed on a table or counter shall be sealed to the same or elevated on legs to provide at least a four (4) inch clearance between the table or counter and equipment, and shall be installed to facilitate the cleaning of the equipment and adjacent areas;

Provided, that this requirement shall not apply to equipment that is small and light enough to be moved easily by one (1) person; and has no utility connection, or has a utility connection that disconnects quickly, or has a flexible utility connection line of sufficient length to permit the equipment to be moved for easy cleaning.

SECTION 3. EQUIPMENT INSTALLATION AND LOCATION - FLOOR -MOUNTED EQUIPMENT..

a. Floor-mounted equipment, unless readily movable, shall be:

(1) Sealed to the floor; or

(2) Installed on a raised platform of concrete or other smooth masonry in a way that meets all the requirements for floor clearance or sealing; or

(3) elevated on legs to provide at least a six (6) inch clearance between the floor and equipment, except that vertically mounted floor mixers may be elevated to provide at least a four

(4) inch clearance between the floor and equipment if no part of the floor under the mixer is more than six (6) inches from cleaning access.

b. Equipment is "readily movable" for the purposes of Part 33, Section 3. a. of these Rules and Regulations where:

(1) It is mounted on wheels or casters; and

(2) It has no utility connection or has a utility connection that disconnects quickly, or has a flexible utility line of sufficient length to permit the equipment to be moved for easy cleaning.

c. Unless sufficient space is provided for easy cleaning between, behind, and above each unit of fixed equipment, the space between it and every adjoining equipment unit and adjacent wall or ceiling shall be not more than one-thirty-secondth (1/32) of an inch; or if exposed to seepage, the equipment shall be sealed to the adjoining equipment or adjacent wall or ceiling.

SECTION 4. equipment installation and location - Aisles and working spaces. Aisles and working spaces between units of equipment and walls shall be unobstructed and of sufficient width to permit food-service establishment personnel to perform their duties readily without contamination of food or food-contact surfaces by clothing or personal contact. All easily movable storage equipment such as pallets, racks, and dollies shall be positioned to provide accessibility to working areas.
 
 

(PARTS 34-40 RESERVED)
 
 
 
 
 

PART 41 - EQUIPMENT AND UTENSIL CLEANING

SECTION 1. EQUIPMENT AND UTENSIL CLEANING - FREQUENCY.

a. Tableware shall be washed, rinsed, and sanitized after each use.

b. To prevent cross-contamination, kitchenware and food-contact surfaces of equipment shall be washed, rinsed, and sanitized after each use and following any interruption of operations during which time contamination may have occurred.

c. Where equipment and utensils are used for the preparation of potentially hazardous foods on a continuous or production-line basis, utensils and the food-contact surfaces of equipment shall be washed, rinsed, and sanitized at intervals throughout the day on a schedule based on food temperature, type of food, and amount of food particle accumulation.

d. The food-contact surfaces of grills, griddles, and similar cooking devices and the cavities and door seals of microwave ovens shall be cleaned at least once a day; except that this shall not apply to hot oil cooking equipment and hot oil filtering systems. The food-contact surfaces of all cooking equipment shall be kept free of encrusted grease deposits and other accumulated soil.

e. Non-food-contact surfaces of equipment shall be cleaned as often as is necessary to keep the equipment free of accumulation of dust, dirt, food particles, and other debris.

SECTION 2. EQUIPMENT AND UTENSIL CLEANING - WIPING CLOTHS.

a. Cloths used for wiping food spills on tableware, such as plates or bowls being served to a consumer, shall be clean, dry and used for no other purpose.

b. Moist cloths or sponges used for wiping food spills on kitchenware and food-contact surfaces of equipment shall be clean and rinsed frequently in one of the sanitizing solutions permitted in Part 41, Section 3. of these Rules and Regulations and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.

c. Moist cloths or sponges used for wiping food spills on kitchenware and food-contact surfaces of equipment such as counters, dining table tops and shelves shall be clean and rinsed in one of the sanitizing solutions permitted in Part 41, Section 3. of these Rules and Regulations, and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.

SECTION 3. EQUIPMENT AND UTENSIL CLEANING - MANUAL CLEANING

AND SANITIZING.

a. For manual washing, rinsing, and sanitizing of utensils and equipment, a sink with not fewer than three (3) compartments shall be provided and used. Sink compartments shall be large enough to permit the accommodation of the equipment and utensils, and each compartment of the sink shall be supplied with hot and cold potable running water. Fixed equipment and utensils and equipment too large to be cleaned in sink compartments shall be washed manually or cleaned through pressure spray methods.

b. Drain boards or easily movable dish tables of adequate size shall be provided for proper handling of soiled utensils prior to washing and for cleaned utensils following sanitizing and shall be located so as not to interfere with the proper use of the dishwashing facilities.

c. Equipment and utensils shall be preflushed or prescraped and, when necessary, presoaked to remove gross food particles and soil.

d. Except for fixed equipment and utensils too large to be cleaned in sink compartments, manual washing, rinsing and sanitizing shall be conducted in the following sequence:

(1) Sinks shall be cleaned prior to use.

(2) Equipment and utensils shall be thoroughly washed in the first compartment with a hot detergent solution that is kept clean.

(3) Equipment and utensils shall be rinsed free of detergent and abrasives with clean water in the second compartment.

(4) Equipment and utensils shall be sanitized in the third compartment according to one of the methods included in Part 41, Section 3 e. (1) - (4) of these Rules and Regulations.

e. The food-contact surfaces of all equipment and utensils shall be sanitized by:

(1) Immersion for at least one-half hour in clean hot water at a temperature of at least one hundred seventy degrees Fahrenheit (170 ^o F.) (seventy-seven degrees Celsius (77^o C.)); or

(2) Immersion for at least one (1) minute in a clean solution containing at least fifty (50) parts per million available chlorine as a hypochloride and at a temperature of at least seventy-seven degrees Fahrenheit (75^o F.) (twenty-four degrees Celsius (24^o C.)); or

(3) Immersion for at least one (1) minute in a clean solution having a temperature of at least seventy-five degrees Fahrenheit (75^o F.) (twenty-four degrees Celsius (24^o C.)), containing at least twelve and one-half (12.5) parts per million of available iodine, and having a pH not higher than five (5.0).

(4) Immersion in a clean solution containing any other chemical sanitizing agent allowed under 21 CFR 178.1010 that will provide the equivalent bacterial effect of a solution containing at least fifty (50) parts per million of available chlorine as a hypochlorite at a temperature of at least seventy-five degrees Fahrenheit (75^o F.) (twenty-four degrees Celsius (24^o C.)) for one (1) minute ; or

(5) Treatment with steam free from materials or additives other than those specified in 21 CRF 178.310 in the case of equipment too large to sanitize by immersion, but in which steam can be confined; or

(6) Rinsing, spraying, or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under Part 41, Section 3 e. (4) of these Rules and Regulations, in the case of equipment too large to sanitize by immersion.

f. When hot water is used for sanitizing, the following facilities shall be provided and used:

(1) An integral heating device or fixture installed in, on. or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least one hundred seventy degrees Fahrenheit (170^o F.) (seventy-seven degrees Celsius (77^o C.)); and

(2) A numerically scaled indicating thermometer, accurate to plus or minus three degrees Fahrenheit ( + 3^o F.), convenient to the sink for frequent checks of water temperature; and

(3) Dish baskets of such size and design to permit complete immersion of the tableware, kitchenware, and equipment in the hot water.

g. When chemicals are used for sanitization, they shall not have concentrations higher than the maximum permitted under 21 CRF 178.1010. A test kit or other device that accurately measures the parts per million concentration of the solution shall be provided and used.

SECTION 4. EQUIPMENT AND UTENSIL CLEANING - MECHANICAL CLEANING AND SANITIZING.

a. Cleaning and sanitizing may be done by any spray-type or immersion dishwashing machine or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils. These machines and devices shall be properly installed and maintained in good repair. Machines and devices shall be operated in accordance with the applicable manufacturerís instructions. Utensils and equipment placed in the machine shall be exposed to all dishwashing cycles. Automatic detergent dispensers, wetting agent dispensers, and liquid sanitizer injectors, if any, shall be properly installed and maintained.

b. The pressure of final rinse water supplied to spray-type dishwashing machines shall not be less than fifteen (15) nor more than twenty-five (25) pounds per square inch measured in the water line immediately adjacent to the final rinse control valve. A one-quarter (1/4) inch IPS valve shall be provided immediately upstream from the final rinse control valve to permit checking the flow pressure of the final rinse water.

c. Machine or water line mounted numerically scaled indicating thermometers, accurate to plus or minus three degrees Fahrenheit (+ 3^o), shall be provided to indicate the temperature of the water in each tank of the machine and the temperature of the final rinse water as it enters the manifold.

d. Rinse water tanks shall be protected by baffles, curtains, or other effective means to minimize the entry of wash water into the rinse water. Conveyors in dishwashing machines shall be accurately timed to assure proper exposure times in wash and rinse cycles in accordance with the applicable manufacturerís specifications attached to

the machines.

e. Drain boards of adequate size for the proper handling of soiled utensils prior to washing and of cleaned utensils following sanitization shall be provided, and shall be so located and constructed as not to interfere with the proper use of the dishwashing facilities. This does not preclude the use of easily movable dish tables for the storage of soiled utensils or the use of easily moved dish tables for the storage of clean utensils following sanitization.

f. Equipment and utensils shall be flushed or scraped and, when necessary, soaked to remove gross food particles and soil prior to being washed in a dishwashing machine unless a prewash cycle is a part of the dishwashing machine operations. Equipment and utensils shall be placed in racks, trays, or baskets, or on conveyors, in a way that food-contact surfaces are exposed to the unobstructed application of detergent wash and clean waters and that permits free draining.

g. Machines (single-tank, stationary-rack, door-type machines and spray-type glass washers) using chemicals for sanitization may be used; Provided, that,

(1) The temperature of the wash water shall not be less than one hundred twenty degrees Fahrenheit (120^oF.) (forty-nine degrees Celsius (49^oC.));

(2) The wash water shall be kept clean;

(3) Chemicals added for sanitization purposes shall be automatically dispensed;

(4) Utensils and equipment shall be exposed to the final chemical sanitizing in accordance with the applicable manufacturerís specifications for time and concentration;

(5) The chemical sanitizing rinse water temperature shall be not less than seventy-five Fahrenheit (75^oF.) (twenty-four degrees Celsius (24^oC.)) nor less than the temperature specified by the machineís manufacturer; whichever is higher;

(6) Chemical sanitizers used shall meet the requirements of 21 CFR 178.1010; and

(7) A test kit or other device that accurately measures the parts per million concentration of the solution shall be available and used.

h. Machines using hot water for sanitizing may be used; Provided, that wash water and pumped rinse water shall be kept clean and shall be maintained at not less than the following applicable temperatures:

(1) Single-tank, stationary-rack, dual-temperature machine:

Wash temperature .................................................150^o F. (66^o C.)
Final rinse temperature...........................................180^o F. (82^o C.)

(2) Single-tank, stationary-rack, single-temperature machine:

Wash temperature................................................. 165^o F. (74^o C.)
Final rinse temperature.......................................... 165^o F. (74^o C.)

(3) Single-tank, conveyor machine:

Wash temperature................................................. 160^o F. (71^o C.)
Final rinse temperature.......................................... 180^o F. (82^o C.)

(4) Multitank, conveyor machine:

Wash temperature................................................. 150^o F. (66^o C.)
Pumped rinse temperature......................................... 160^o F. (71^o C.)
Final rinse temperature.......................................... 180^o F. (82^o C.)

(5) Single tank, pot, pan, and utensil washer (either stationary or moving rack):

Wash temperature.................................................. 140^o F. (56^o C.)
Final rinse temperature........................................... 180^o F. (82^o C.)

1. All dishwashing machines shall be thoroughly cleaned at least once a day or more often when necessary to maintain them in a satisfactory operating condition.

SECTION 5. EQUIPMENT AND UTENSIL CLEANING - DRYING. After sanitation, all equipment and utensils shall be air dried.
 
 

PART 42 - EQUIPMENT AND UTENSIL HANDLING

SECTION 1. EQUIPMENT AND UTENSIL HANDLING - GENERAL. Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination. Spoons, knives, and forks shall be touched only by their handles. Cups, glasses, bowls, plates and similar items shall be handled without contact with inside surfaces or surfaces that contact the userís mouth.

SECTION 2. EQUIPMENT AND UTENSIL HANDLING - STORAGE.

a. Cleaned and sanitized utensils and equipment shall be stored at least six (6) inches above the floor in a clean, dry location in a way that protects them from contamination by splash, dust, and other means. The food-contact surfaces of fixed equipment shall also be protected from contamination. Utensils shall not be placed under exposed sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by law.

b. Glasses and cups shall be stored inverted. Other stored utensils shall be covered or inverted, wherever practical. Facilities for the storage of knives, forks, and spoons shall be designed and used to present the handle to the employee or consumer. Unless tableware is prewrapped, holders for knives, forks, and spoons at self-service locations shall protect these articles from contamination and present the handle of the utensil to the consumer.

SECTION 3. EQUIPMENT AND UTENSIL HANDLING -SINGLE-SERVICE ARTICLE STORAGE.

a. Single-service articles shall be stored at least six(6) inches above the floor in closed cartons or containers that protect them from contamination and shall not be placed under exposed sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by law.

b. Single-service articles shall be handled and dispensed in a manner that prevents contamination of surfaces that may come in contact with food or with the mouth of the user.

c. Single-service knives, forks, or spoons packaged in bulk shall be inserted into holders or shall be wrapped by a member of the food-service establishment personnel who has washed his/her hands immediately prior to sorting or wrapping the utensils. Unless single-service knives, forks, and spoons are prewrapped or prepackaged, holders shall be provided to protect these items from contamination and present the handle of the utensil to the consumer.

SECTION 4. EQUIPMENT AND UTENSIL HANDLING - PROHIBITED STORAGE AREA. The storage of food equipment, utensils or single-service articles in toilet rooms or vestibules is prohibited.
 
 

PART 51 - WATER SUPPLY

SECTION 1. WATER SUPPLY - GENERAL. Enough potable water for the needs of the food-service establishment shall be provided from a source constructed and operated according to the provisions of Ch. 248-54 WAC.

SECTION 2. WATER SUPPLY - TRANSPORTATION. All water not piped into the establishment directly from the source shall be transported, handled, stored and dispensed in a sanitary manner. Drinking water, if not dispensed through the water-supply system of the food-service establishment, may be stored in a separate nonpressurized tank, reservoir, or other container.

SECTION 3. WATER SUPPLY - BOTTLED WATER. Bottled and packaged potable water shall be obtained from a source that complies with all applicable laws and shall be handled and stored in a way that protects it from contamination. Bottled and packaged potable water shall be dispensed from the original container.

SECTION 4. WATER SUPPLY - WATER UNDER PRESSURE. Water under pressure at the required temperatures shall be provided to all fixtures and equipment that use water.

SECTION 5. WATER SUPPLY - STEAM. Steam used in contact with food or food-contact surfaces shall be free from any materials or additives other than those specified in 21 CRF 173.310.
 
 

PART 52 - SEWAGE

SECTION 1. SEWAGE. All sewage, including liquid waste, shall be disposed of by a public sewerage system or by a sewage disposal system constructed and operated according to law.
 
 

PART 53 - PLUMBING

SECTION 1. PLUMBING - GENERAL. Plumbing shall be sized, installed, and maintained according to the provisions of the King County Plumbing Code. There shall be no cross-connection between the potable water supply and any non-potable or questionable water supply nor any source of pollution through which the potable water supply might become contaminated.

SECTION 2. PLUMBING - NONPOTABLE WATER SYSTEM. A nonpotable water system is permitted only for purposes such as air-conditioning and fire protection and only if the system is installed according to law and the nonpotable water does not contact, directly or indirectly, food, potable water, equipment that contacts food, or utensils. The piping of any nonpotable water system shall be durably identified so that it is readily distinguishable from piping that carries potable water.

SECTION 3. PLUMBING - BACKFLOW. The potable water system shall be installed to preclude the possibility of backflow. Devices shall be installed to protect against backflow and back siphonage at all fixtures and equipment where an air gap at least twice the diameter of the water supply inlet is not provided between the water supply inlet and the fixtureís flood level rim. A hose shall not be attached to a faucet unless a backflow prevention device is installed.

SECTION 4. PLUMBING - GREASE TRAPS. If used, grease traps shall be located to be easily accessible for cleaning.

SECTION 5. PLUMBING - GARBAGE GRINDERS. If used, garbage grinders shall be installed and maintained according to the law.

SECTION 6. PLUMBING - DRAINS. Except for properly trapped open sinks, there shall be no direct connection between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed.
 
 

PART 54 - TOILET FACILITIES

SECTION 1. TOILET FACILITIES - INSTALLATION.

a. Each food-service establishment shall be provided with adequate, conveniently located toilet facilities for its personnel. Employee toilet facilities must be provided for each sex whenever more than four (4) people are employed and such employees are not of the same sex.*

b. Toilet facilities for patrons shall be required in the following instances:

(1) When liquor is consumed on the premises.

(2) When food is consumed on premises and there are more than 12 seats , or other similar provisions for 12 persons for consumption on premises.*

c. Toilet facilities shall include a minimum of 1 toilet and one 1 handwashing facility for each sex, and at least 1 urinal for males. Minimum number of toilet fixtures in food service establishments must conform to Appendix C of the Seattle-King County Plumbing Code.*

d. Toilet facilities for patrons shall be available when the establishment is in operation, shall be within 150 feet of the establishment in the same building, and shall be no more than 1 flight of stairs from the work area or dining area of the establishment.*

e. In establishments with 12 seats or less, the toilet facility provided for the employees shall also be accessible to the patrons provided that the patronsí access to the restroom does not interfere with any part of the food service operation.*

f. Drive-in type establishments which do not have inside seating, but have more than 6 parking stalls, shall provide patrons with toilet facilities for each sex.*

*a.-f. AMENDED 6/7/85
 
 

PART 55 - LAVATORY FACILITIES

SECTION 1. LAVATORY FACILITIES - INSTALLATION.

a. Each food-service establishment, except for mobile or temporary food-service establishments where the food offered for sale is prepared and packaged in individual portions at a fixed food-service establishment operating under valid permit, shall be provided with adequate conveniently located hand-washing facilities which shall be accessible to its personnel at all times.

b. A lavatory also shall be located in or immediately adjacent to each toilet room or vestibule.

SECTION 2. LAVATORY FACILITIES - WATER TEMPERATURE AND FAUCETS. Each lavatory shall be provided with hot and cold water tempered by means of a mixing valve or combination faucet. Water temperature at the fixture shall not exceed 120^oF. (48^oC.) Any self-closing, slow-closing, or metered faucet used shall be designed to provide a flow of water for at least 15 seconds without the need to reactivate the faucet. Steam-mixing valves are prohibited.

SECTION 3. LAVATORY FACILITIES - SUPPLIES. A supply of hand-cleansing soap or detergent shall be available at each lavatory. A supply of sanitary towels or a hand-drying device providing heated air shall be conveniently located near each lavatory. Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwashing facilities.

SECTION 4. LAVATORY FACILITIES - MAINTENANCE. Lavatories, soap dispensers, hand-drying devices and all related fixtures shall be kept clean and in good repair.

SECTION 5. LAVATORY FACILITIES - PROHIBITED USE. Handwashing facilities shall not be used for food preparation, for washing equipment or utensils, or for general cleanup.
 
 

PART 56 - GARBAGE AND REFUSE

SECTION 1. GARBAGE AND REFUSE - CONTAINERS.

a. Garbage and refuse shall be kept in durable, easily cleanable, insect-proof and rodent -proof containers that do not leak and do not absorb liquids. Plastic bags and wet-strength paper bags may be used to line these containers. Cardboard or other packaging materials not containing garbage or food wastes need not be stored in covered containers.

b. Containers used in food-preparation and utensil-washing areas shall be kept covered when not in actual use.

c. Containers stored outside the establishment, and dumpsters, compactors, and compactor systems shall be easily cleanable, shall be provided with tight-fitting lids, doors or covers, and shall be kept covered when not in actual use. In containers designed with drains, drain plugs shall be kept in place at all times, except during cleaning.

d. Each food-service establishment shall be furnished with a sufficient number of containers to hold all the garbage and refuse that accumulates in and around such establishment.

e. Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction. Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, or food preparation areas. Suitable facilities, including hot water and detergent or steam, shall be provided and used for washing containers. Liquid waste from compacting or cleaning operations shall be disposed of as sewage.

SECTION 2. GARBAGE AND REFUSE - STORAGE.

a. Garbage or refuse storage rooms, if used, shall be constructed of easily cleanable, nonabsorbent, washable materials, shall be kept clean, shall be insect-proof and shall be large enough to store the accumulated garbage and refuse in containers.

b. Outside storage areas or enclosures shall be large enough to store the accumulated garbage and refuse in containers and shall be kept clean. Garbage and refuse containers, dumpsters, and compactor systems located outside shall be stored on or above a smooth surface of nonabsorbent material such as concrete or machine-laid asphalt that is kept clean and maintained in good repair.

SECTION 3. GARBAGE AND REFUSE - DISPOSAL.

a. Garbage and refuse shall be disposed of often enough to prevent the development of any offensive odor or the attraction of insects or rodents.

b. Where garbage or refuse is burned on the premises, it shall be done by controlled incineration that prevents the escape of particulate matter in accordance with regulations of the Puget Sound Air Pollution Control Agency. Areas around the incineration facilities shall be clean and orderly.
 
 

PART 57 - INSECT AND RODENT CONTROL

SECTION 1. INSECT AND RODENT CONTROL - GENERAL. Effective measures intended to minimize the presence of rodents, flies, cockroaches, and other insects on the premises shall be utilized. The premises shall be kept in such condition as to prevent the harboring or feeding of insects or rodents.

SECTION 2. INSECT AND RODENT CONTROL - OPENINGS. Openings to the outside shall be effectively protected against the entrance of rodents. Outside openings shall be protected against the entrance of insects of tight-fitting, self-closing doors, closed windows, screening, controlled air currents, or other means. Screen doors shall be self-closing, and screens for windows skylights, transoms, intake and exhaust air ducts, and other openings to the outside shall be tight-fitting and free of breaks. Screening material shall not be less than sixteen (16) mesh to the inch.
 
 

(PARTS 58-60 RESERVED)
 
 
 
 
 

PART 61 - FLOORS

SECTION 1. FLOORS - CONSTRUCTION. Floors and floor coverings of all food preparation, food storage, and utensil-washing areas, and the floors of all walk-in refrigerating units, dressing rooms, locker rooms, toilet rooms, and vestibules shall be constructed of smooth durable material such as sealed concrete, terrazzo, ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated with plastic, and shall be maintained in good repair. Nothing in this section shall prohibit the use of anti-slip floor covering in areas where necessary for safety reasons.

SECTION 2. FLOORS - CARPETING. Carpeting, if used as a floor covering, shall be of closely woven construction, properly installed, easily cleanable, and maintained in good repair. Carpeting is prohibited in food preparation, equipment-washing and utensil- washing areas where it would be exposed to large amounts of grease and water, in food storage areas, and toilet room areas where urinal or toilet fixtures are located.

SECTION 3. FLOORS - PROHIBITED COVERINGS. The use of sawdust, wood shavings, peanut hulls, or similar material as a floor covering is prohibited.

SECTION 4. FLOORS - DRAINS. Properly installed, trapped floor drains shall be provided in floors that are water-flushed for cleaning or that receive discharges of water or other fluid waste from equipment, or in areas where pressure spray methods for cleaning equipment are used. Such floors shall be constructed only of sealed concrete, terrazzo, ceramic tile or similar materials, and shall be graded to drain.

SECTION 5. FLOORS - MATS AND DUCKBOARDS. Mats and duckboards shall be of nonabsorbent, grease resistant materials and of such size, design, and construction as to facilitate their being easily cleaned. Duckboards shall not be used as storage racks.

SECTION 6. FLOORS - JUNCTURES. In all new or extensively remodeled establishments utilizing concrete, terrazzo, ceramic tile or similar flooring materials, and where water-flush cleaning methods are used, the juncture between walls and floors shall be covered and sealed. Such coving to extend a minimum of six (6) inches above the floor level. In all other cases, the juncture between walls and floors shall not present an open seam of more than one-thirty secondth (1/32) of an inch.

SECTION 7. FLOORS - UTILITY LINE INSTALLATION. Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the floor. In an all new or extensively remodeled establishments, installation of exposed horizontal utility lines and pipes on the floor is prohibited.
 
 

PART 62 - WALLS AND CEILINGS

SECTION 1. WALLS AND CEILINGS - MAINTENANCE. Walls and ceilings, including doors, windows, skylights and similar closures shall be maintained in good repair.

SECTION 2. WALLS AND CEILINGS - CONSTRUCTION. The walls, including nonsupporting partitions, wall coverings, and ceilings of walk-in refrigerating units, food preparation areas, equipment-washing and utensil-washing areas, toilet rooms and vestibules shall be smooth, nonabsorbent, and easily cleanable. Concrete or pumice blocks used for interior wall construction in these locations shall be finished and sealed to provide an easily cleanable surface.

SECTION 3. WALLS AND CEILINGS - EXPOSED CONSTRUCTION. Studs, joists, and rafters shall not be exposed in walk-in-refrigerating units, food preparation areas, equipment-washing and utensil washing areas, toilet rooms, or vestibules. If exposed in other rooms or areas, they shall be finished to provide an easily cleanable surface.

SECTION 4. WALLS AND CEILINGS - UTILITY LINE INSTALLATION. Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings. Utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings. Utility service lines and pipes shall no be unnecessarily exposed on walls or ceiling in walk-in refrigerating units, food preparation areas, equipment-washing and utensil-washing areas, toilet rooms or vestibules.

SECTION 5. WALLS AND CEILINGS - ATTACHMENTS. Light fixtures, vent covers, wall-mounted fans, decorative materials, and similar equipment attached to walls and ceilings shall be easily cleanable and shall be maintained in good repair. Plants and hanging baskets shall not be allowed in the food preparation or storage area.

SECTION 6. WALLS AND CEILINGS - COVERING MATERIAL INSTALLATION. Wall and ceiling covering materials shall be attached and sealed so as to be easily cleanable.
 
 

PART 63 - PREMISES CLEANING

SECTION 1. CLEANING AND OPERATIONS - GENERAL. Cleaning of floors and walls, except emergency cleaning of floors, shall be done during periods when the least amount of food is exposed, such as after closing or between meals. Floors, mats, duckborads, walls, ceilings, and attached equipment and decorative materials shall be kept clean. Only dustless methods of cleaning floors and walls shall be used, such as vacuum cleaning, wet cleaning, or the use of dust-arresting sweeping compounds with brooms.

SECTION 2. CLEANING OPERATIONS - UTILITY SINKS. Utility sinks adequate for mopping and other similar cleaning operations shall be provided in all food-service establishments except produce stands. The use of lavatories, utensil-washing or equipment washing, or food preparation sinks for this purpose is prohibited.

SECTION 3. CLEANING OPERATIONS - CLEANING EQUIPMENT STORAGE. Maintenance and cleaning tools such as brooms, mops, vacuum cleaners, and similar equipment shall be maintained and stored in a way that does not contaminate food, utensils, equipment, or linens and shall be stored in an orderly manner.

PART 64 - LIGHTING

SECTION 1. LIGHTING - GENERAL.

a. Permanently fixed artificial light sources shall be installed to provide at least twenty (20) foot candles of light on all food preparation surfaces and at equipment or utensil-washing work levels.

b. Permanently fixed artificial light sources shall be installed to provide, at a distance of thirty (30) inches from the floor:

(1) At least twenty (20) foot candles of light in utensil and equipment storage areas and in lavatory and toilet areas: and

(2) At least ten (10) foot candles of light in dining areas during cleaning operations, and in all other areas including walk-in refrigerating units and dry food storage areas.

SECTION 2. LIGHTING - PROTECTIVE SHIELDING.

a. Shielding to protect against broken glass falling onto food shall be provided for all artificial lighting fixtures located over, by, or within food storage, preparation, service, and display facilities, and facilities where utensils or equipment are cleaned or stored.

b. Infrared or other heat lamps shall be protected against breakage by a shield surrounding and extending beyond the bulb, leaving only the face of the bulb exposed.
 
 

PART 65 - VENTILATION

SECTION 1. VENTILATION - GENERAL. All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke and fumes. Ventilation systems shall be installed and operated according to the King County Mechanical Code.

SECTION 2. VENTILATION - SPECIAL.

a. Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt, and other contaminating materials.

b. In all food-service establishments constructed, or in which the food preparation area is extensively remodeled, after the effective date of this ordinance, all rooms from which obnoxious odors, vapors or fumes originate shall be mechanically vented to the outside.
 
 

PART 66 - DRESSING ROOMS AND AREAS

SECTION 1. DRESSING ROOMS AND AREAS - GENERAL. If food service establishment personnel routinely change clothes within the establishment, rooms or areas shall be designated and used for that purpose and shall not be used for food preparation, storage, or service, or for utensil washing or storage.

SECTION 2. DRESSING ROOMS AND AREAS - LOCKERS. Enough lockers or other suitable facilities shall be provided and used for the orderly storage of the clothing and other belongings of food-establishment personnel. Lockers or other suitable facilities may be located only in the designated dressing rooms or in food storage rooms or areas containing only completely packaged or packaged single-service articles.
 
 

PART 67 - POISONOUS MATERIALS

section 1. poisonous material - permitted. There shall be present in food-service establishments only those poisonous materials necessary for maintaining the establishments, cleaning and sanitizing equipment and utensils, and controlling insects and rodents.

SECTION 2. POISONOUS MATERIAL - CONTAINER LABELING. Containers of poisonous material shall be prominently and distinctly labeled according to law for easy identification of contents.

SECTION 3. POISONOUS MATERIAL - STORAGE. All poisonous material shall be stored in cabinets or in a similarly physically separate place used for no other purpose. To preclude contamination, poisonous material shall not be stored above or adjacent to food, food equipment, utensils or single-service articles, except that this requirement does not prohibit the convenient availability of detergents or sanitizers at utensil or dishwashing stations.

SECTION 4. POISONOUS MATERIAL - USE.

a. Bactericides, cleaning compounds, or other compounds intended for use on food-contact surfaces shall not be used in a way that leaves a toxic residue on such surfaces or that constitutes a hazard to people.

b. Poisonous material shall not be used in a way that contaminates food, equipment, or utensils, or in a way that constitutes a hazard to people, or in a way other than in full compliance with the manufacturerís labeling.
 
 

PART 68 - PERSONAL HEALTH AIDS

SECTION 1. PERSONAL MEDICATIONS AND FIRST AID SUPPLIES. Personal medications shall not be stored in food storage, preparation or service areas. First-aid supplies shall be stored in a way that prevents them from contaminating food and food-contact surfaces.
 
 

PART 69 - GENERAL PREMISES

SECTION 1. PREMISES - GENERAL.

a. Food service establishments and all parts of property used in connection with their operations shall be kept free of litter.

b. The walking and driving surfaces of all exterior areas of food-service establishments shall be surfaced with concrete or asphalt, or with gravel or similar material effectively treated to facilitate maintenance and minimize dust. These surfaces shall be graded to prevent pooling and shall be kept free of litter.

c. Only articles necessary for the operation and maintenance of the food-service establishment shall be stored on the premises.

d. The traffic of unnecessary persons through the food-preparation and utensil -washing areas is prohibited.

SECTION 2. PREMISES - LIVING AREAS. No operation of a food-service establishment shall be conducted in any room used as living or sleeping quarters. Food service operations shall be separated from any living or sleeping quarters by complete partitioning and solid, self-closing doors.

SECTION 3. PREMISES - LAUNDRY FACILITIES.

a. Laundry facilities in a food-service establishment shall be restricted to the washing and drying of linens, cloths, uniforms, and aprons necessary to the operation. If such items are laundered on the premises, an electric or gas dryer shall be provided and used.

b. Laundry facilities and operations shall be separated from any food-service operation; Provided that laundry operations may be conducted in storage rooms containing only packaged foods or packaged single-service articles.

SECTION 4. PREMISES - LINENS AND CLOTHES STORAGE.

a. Clean clothes and linens shall be stored in a clean place and protected from contamination until used.

b. Soiled clothes and linens shall be stored in nonabsorbent containers or washable laundry bags until removed for laundering.

SECTION 5. PREMISES - ANIMALS. Live animals, including birds and turtles, shall be excluded from within the food-service operational premises; Provided that this exclusion does not apply to edible fish, crustacea, shellfish, or to fish in aquariums; and Provided, further, that patrol dogs accompanying security or police officers, or guide dogs accompanying blind or deaf persons, shall be permitted in dining areas.
 
 

(PART 70 RESERVED)
 
 
 
 
 

PART 71 - MOBILE FOOD SERVICE

SECTION 1. MOBILE FOOD SERVICE - GENERAL. Mobile food-service units shall comply with the requirements of these Rules and Regulations, except as otherwise provided in this section and in Part 71, Section 2 hereof. The health officer may impose additional requirements to protect against health hazards related to the conduct of the food-service establishment as a mobile operation, may prohibit the sale of some or all potentially hazardous foods, and may waive or modify requirements of these Rules and Regulations other than in this part, when, in his/her opinion a health hazard is not likely to result, from such waiver or modification, except those requirements of Part 71, Section 1-14., hereof.

SECTION 2. RESTRICTED - MOBILE FOOD VEHICLES EXEMPTION FROM REQUIREMENTS. Mobile food-service units serving only food prepared, packaged in individual servings, transported and stored under conditions meeting the requirements of these Rules and Regulations, or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment, need not comply with requirements of these Rules and Regulations pertaining to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at the commissary, and the equipment and utensils of such mobile food units are cleaned and sanitized regularly, nor with requirements of these Rules and Regulations pertaining to the necessity of water and sewage systems. Notwithstanding any other provision hereof, frankfurters may be prepared and served from these units.

SECTION 3. MOBILE FOOD SERVICE - SINGLE-SERVICE ARTICLES. Mobile food-service units or pushcarts shall provide only single-service articles for use by the consumer.

SECTION 4. MOBILE FOOD SERVICE - WATER SYSTEM. A mobile food unit requiring a water system shall have a potable water system under pressure and of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and handwashing, in accordance with the requirements of these Rules and Regulations. The water inlet shall be located so that it will not be contaminated by waste discharge, road dust, oil, or grease; and it shall be kept capped unless being filled. The water inlet shall be provided with a transition connection of a size and type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed and installed in accordance with the requirements of these Rules and Regulations.

SECTION 5. MOBILE FOOD SERVICE - WASTE RETENTION. All liquid waste resulting from the operation of a mobile food-service unit shall be stored in a permanently installed retention tank having a capacity at least fifteen percent (15%) larger than that of the water supply tank. Liquid waste shall not be discharged from the retention tank when the mobile food-service unit is in motion. All connections on the vehicle for servicing mobile food-service unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food-service unit. The waste connection shall be located lower than the water inlet connection to preclude contamination of the potable water system.

SECTION 6. MOBILE FOOD SERVICE - BASE OF OPERATIONS. Mobile food-service units shall operate from a commissary or other fixed food-service establishment and shall report at least daily to such location for all supplies and for all cleaning and servicing operations.

SECTION 7. MOBILE FOOD SERVICE - SERVICING AREA.

a. A mobile food-service unit servicing area shall be provided and shall include at least overhead protection for any supplying, cleaning, or servicing operation. Within this servicing area, there shall be a location provided for the flushing and drainage of liquid wastes separate from the location provided for water servicing and for the loading and unloading of food and related supplies. Such separate servicing area is not required where only packaged food is placed on the mobile food-service unit or where mobile food units do not contain waste retention tanks.

b. The surface of the servicing area shall be constructed of a smooth nonabsorbent material such as concrete or machine-laid asphalt, and shall be maintained in good repair, kept clean, and be graded to drain.

c. The construction of the walls and ceilings of the servicing area is exempt from the Part 62, Sections 1 through 6. of these Rules and Regulations.

SECTION 8. MOBILE FOOD SERVICE - SERVICING OPERATIONS.

a. Potable water servicing equipment shall be installed according to law and shall be stored and handled in a way that protects the water and equipment from contamination.

b. The mobile food-service unit liquid waste retention tank, where used, shall be thoroughly flushed and drained during the servicing operation. All liquid waste shall be discharged to a sanitary sewerage disposal system in accordance with Part 52, Section 1. of these Rules and Regulations.
 
 

(PARTS 72-80 RESERVED)
 
 
 
 
 

PART 81 - TEMPORARY FOOD-SERVICE ESTABLISHMENTS

SECTION 1. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - GENERAL. A temporary food-service establishment shall comply with the requirements of these rules and regulations, except as otherwise provided in this part. The health officer may impose additional requirements to protect against health hazards related to the conduct of temporary food-service establishments, may prohibit the sale of some or all potentially hazardous foods, and may waive or modify requirements of these rules and regulations when, in his/her opinion, a health hazard is not likely to result from such waiver or modification.*

* Amended 7/09/86

SECTION 2. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - CLASSIFICATIONS

a. Low Hazard Operation. A temporary food service establishment that serves only non-potentially hazardous foods which require no preparation at the event, and hot dogs, snow cones and cotton candy.

b. High Hazard Operation. A temporary food service establishment that serves either potentially hazardous foods or foods which require preparation at the event.

c. "Saturday Market". A temporary food service establishment that operates at a fixed location for not more than fourteen days during a period of no more than three consecutive months in conjunction with weekend events sponsored by an organized community group. *

*Amended 7/09/86

SECTION 3. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - LIMITED FOOD PREPARATION. Food preparation shall be simplified to reduce or eliminate hazardous food preparation steps identified by Hazard Analysis.

a. The health officer may review food preparation steps of any menu item, being prepared at the temporary food booth and at the commissary/restaurant, and may modify the food preparation steps, if necessary, to assure safe food.

b. Cooling. Foods that require cooling shall be cooled only at the commissary/restaurant. Cooling foods in the temporary food booth is prohibited.

c. Portioning/Bulk dispensing -i.e. slicing, ladling, spooning, scooping.

1. Foods shall be dispensed using clean/sanitized utensils.

2. Utensils shall be changed at intervals approved by the health officer.

3. Use of a three-compartment sink or a commercial dishwasher is required for proper dishwashing of reusable utensils and equipment.

4. Cleaning and sanitizing of utensils must be in conformance with Section 9- B.

5. Dispensing of hard ice cream in bulk shall also require dipper wells with running water from an approved source.

d. Menu Limitations. Number of menu items may be limited by the health officer based on the types of foods served and the extent of food preparation.*

*Amended 7/09/86

SECTION 4. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - FOOD PROTECTION.

a. Food shall be protected at all times form potential contamination such as dust, flies, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leaks.

b. Potentially hazardous food shall be kept at safe temperatures at all times; hot - one hundred forty degrees Fahrenheit (140^oF.) or above, or cold - forty-five degrees Fahrenheit (45^oF.) or below.

c. Foods on display shall be protected from consumer contamination by the use of packaging, by the use of enclosed display cases, by the use of protective shields commonly known as sneeze guards, or by covering the food items with a protective wrap or cover.

d. There shall be no customer self-service of any unpackaged/unwrapped foods.*

*Amended 7/09/86

SECTION 5. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - ICE/WATER.

a. Ice for consumption shall be from an approved source. Ice shall be dispensed from the original package with use of proper dispensing utensils or gravity dispenser. Ice scoop handles shall not contact ice.

b. Water shall be from an approved source. If pressurized water is plumbed on site, fixtures must be protected from cross contamination.*

*Amended 7/09/86

SECTION 6. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - FOOD EQUIPMENT.

a. Hot holding equipment must maintain foods at an internal temperature of 140^o F. or above.

b. Refrigeration must maintain food at an internal temperature of 45^o F. or below. a thermometer is required.

1. Commercial mechanical refrigeration is preferred.

2. Dry ice and refreezable ice is allowed with insulated containers.

3. Storage of food in direct contact with wet ice is prohibited except for canned or bottled, non-potentially hazardous beverages.

c. Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination. They shall be stored six inches above the floor in a clean dry location in a way that protects them from contamination by splash, dust, and other means.

d. Food contact surfaces of equipment and utensils shall be easily cleanable and there shall be no reuse of unclean equipment or utensils.

e. Equipment shall be located and installed in a way that prevents food contamination and that also facilitates cleaning the establishment.

f. Dangerous equipment, such as deep fryers and barbecues, shall be located at least three feet from public access. *

*Amended 7/09/86

SECTION 7. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - SINGLE SERVICE ARTICLES.

a. All temporary food-service establishments, with or without effective facilities for cleaning and sanitizing table-ware, shall provide only single service articles for use by the consumer.

b. Single service articles such as disposable knives, spoons, and forks, shall be stored off the floor in closed cartons or containers and shall be handled and dispensed in a manner that will prevent contamination by splash, dust, and other means.

c. If single service tableware are not prewrapped or prepackaged, single service tableware holders shall be provided to protect them from contamination and present the handle of the utensil to the consumer.

d. Reuse of single service articles is prohibited.*

*Amended 7/09/86

SECTION 8. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - CONSTRUCTION. A temporary food service establishment shall meet the following construction requirements; however, construction requirements may be waived or modified by the Health Officer if all foods are suitably protected from contamination during storage, preparation, display and service.

a. Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair. Other suitable material may be used if it provides adequate drainage and dust protection.

b. Overhead protection shall be provided, and constructed of a suitable, weatherproof material.

c. Walls shall be constructed in a way that prevents public access and provides food protection. Counter service areas must provide protection from contamination.

d. Barbeques may be used without overhead protection to ventilate smoke, however, public access must not be closer than three feet.

e. Safety precautions shall be required as deemed necessary by the health officer.*

*Amended 7/09/86

SECTION 9. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - PLUMBING FACILITIES.

a. Handwashing is required in all food booths. A minimum two gallon insulated container with a spigot filled with hot water, a tub/bucket for waste water, pump soap and paper towels are acceptable minimum handwashing facilities.

b. A three-compartment sink or a commercial dishwasher is required when equipment and utensils are reused on site.

1. Each compartment of the sink must be of adequate size to accommodate the largest utensil used.

2. Pressurized hot and cold running water from an approved source must be available to the sinks.

3. The sinks must be within seventy-five feet of the food booths. Common use sinks must be adequate to meet user demands.

4. A utility sink may be required for high volume waste water disposal.

5. Detergent and approved sanitizer must be maintained and used at all times.

c. Toilet facilities available to the food service workers must be located within one-hundred fifty feet of the temporary food service establishment booths. Toilet facilities must be equipped with handwashing sinks with hot and cold or tempered running water, hand-cleansing soap and sanitary towels. *

*Amended 7/09/86

SECTION 10. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - WASTE WATER. Disposal of waste water onto the surface of the ground is prohibited. Waste water must be properly disposed in an approved sanitary sewer. Portable plumbing facilities shall hold waste water in holding tanks or other vessels which can be pumped out and/or emptied properly in a sanitary sewer.*

*Amended 7/09/86

SECTION 11. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - GARBAGE. Adequate refuse containers must be provided for garbage disposal. Containers must be covered when not in continual use. Containers must be emptied frequently to prevent overflow.*

*Amended 7/09/86

SECTION 12. TEMPORARY FOOD-SERVICE ESTABLISHMENTS - HEALTH CARDS. All persons involved in food handling shall obtain a valid Food and Beverage Service Worker Permit prior to working in a temporary food service establishment. *

*Amended 7/09/86
 
 

(PARTS 82-89 RESERVED)
 
 
 
 
 

PART 83 - FOOD DEMONSTRATION AND FOOD PROMOTION*

*Amended 1/29/88

NEW SECTION, SECTION 4. There is added to Rules and Regulations II a new part, Part 83, Food Demonstration and Food Promotion, to read as follows:*

*Amended 1/29/88

SECTION 1. FOOD DEMONSTRATION AND FOOD PROMOTION - GENERAL. Food demonstration and food promotions shall comply with the requirements of these rules and regulations, except as otherwise provided in this part. The health officer may impose additional requirements to protect against health hazards related to the conduct of food demonstrations and food promotions, may prohibit the serving of some or all potentially hazardous foods, and may waive or modify requirements of these rules and regulations when, in his/her opinion, a health hazard is not likely to result from such waiver or modification.*

*Amended 1/29/88

SECTION 2. FOOD DEMONSTRATION AND FOOD PROMOTION - PERMITS.

a. A food demonstrator permit is required for any business which provides personnel who conduct food demonstrations.

b. A food promoter permit is required for any business which provides personnel who conduct food promotions.

c. A food demonstration or a food promotion must take place in a food service establishment under permit with the department or under the sponsorship of such food service establishment, in an area immediately adjacent to and under control of the establishment. In addition, a food promotion may take place at other special events.

d. The person conducting the food demonstration or food promotion must have a copy of a valid food demonstration or food promotion permit on site.

e. Each person engaged in food demonstration or food promotion must have a valid Food and Beverage Service Workerís Permit.*

*Amended 1/29/88

SECTION 3. FOOD DEMONSTRATION AND FOOD PROTECTION - FOOD PREPARATION AND PROTECTION.

a. All food must be from an approved source.

b. If any food preparation is performed prior to food demonstration, it shall be done in an approved food preparation area.

c. Food preparation at the demonstration site shall be limited to portioning, cooking and reheating the food.

d. Potentially hazardous foods must be served within thirty minutes following preparation unless kept at temperatures at or above 140^oF or at or below 45^oF.

e. Foods on display shall be protected from potential contamination by the use of protective shields, such as sneeze guards, dome covers or plastic wrap.

f. Food preparation at food promotions shall be limited to cooking and hot holding of hot dogs.*

*Amended 1/29/88

SECTION 4. FOOD DEMONSTRATION AND FOOD PROMOTION - ADDITIONAL REQUIREMENTS.

a. All wiping cloths shall be sanitized and stored in sanitizer.

b. Approved toilet and handwashing facilities must be available in the food service establishment in which the food demonstration or food promotion is held.

c. Temporary handwashing facilities shall be provided if the food demonstration or food promotion site is outdoors, or further than 150 feet from a food service establishment or on another floor. An acceptable temporary handwashing facility is comprised of a minimum two gallon insulated container with a spigot filled with hot water, a tub/bucket for wastewater, pump soap and paper towels.

d. Leak proof containers must be available for disposal of waste from the food demonstration or food promotion.*

*Amended 1/29/88
 
 

PART 90 - WAIVER

SECTION 1. WAIVER. When the health officer finds, following receipt of a permitteeís written petition, including such evidence as the health officer may require, that in the health officerís opinion, a health hazard is unlikely to result, he/she may waive or modify the requirements of these Rules and Regulations relating to physical facilities, including requirements set forth in parts 51 through 66 of these Rules and Regulations.
 
 

PART 91 - PERMITS

SECTION 1. PERMITS - APPLICATION FOR, ISSUANCE, DISPLAY AND EFFECTIVE PERIODS.

a. It shall be unlawful for any person to operate a food-service establishment, including the conduct of a food demonstration, without a valid permit therefor issued to such a person by the health officer. Permits shall not be transferable and shall be valid only for the person and place for which issued. Each such permit shall be posted conspicuously in the food-service establishment for which issued.

b. Any person desiring to operate a food-service establishment, shall submit a written application to the Department, on a form to be provided by the health officer, for a permit for such operation. Such application shall include the applicantís full name, post office address, and the signature of an authorized representative of the applicant; shall disclose whether such applicant is an individual, firm, or corporation, and, if a partnership, the names and addresses of the partners; the location and type of the proposed food-service establishment; and shall be accompanied by the permit fee amount described in Part 91, Section 2 hereof. If the application is for a seasonal or temporary food-service establishment, it shall also include the inclusive dates of the proposed operation.

c. When inspection reveals that the applicable requirements of these Rules and Regulations and directives of the health officer have been met and the applicable fee has been paid, a permit shall be issued to the applicant by the health officer; Provided that the health officer may deny the application if in his/her judgment the operation of the establishment may result in a hazard to the public health. The health officer may consider any relevant health and safety factors in making this determination. If an application is denied on the grounds of a hazard to the public health, the health officer at the time of the denial shall inform the applicant in writing of the reasons for the denial and the applicantís right to an appeal to contest the denial.*

*Amended 12/1/81

d. Temporary and seasonal food service establishment permits shall be issued for the periods of time specified by the applicant therefor, except that a seasonal food-service establishment permit shall not be valid of more than six consecutive months, and a temporary food-service establishment permit shall not be valid for more than 14 consecutive days, except that a permit for a "Saturday Market" may be issued for up to fourteen days during a period of three consecutive months. *

* Amended 7/29/86

e. Where, from such evidence as he/she may require, the health officer finds that a permit has been lost, he/she may issue a duplicate to the permittee upon payment of Two Dollars ($2.00).

f. All permits issued pursuant to these Rules and Regulations shall expire on the March 31st next following the date of issuance. Notwithstanding any other provision hereof to the contrary, all temporary and seasonal permits issued pursuant to these Rules and Regulations shall expire on the date set forth on the face of such permit.

g. Where, from such evidence as he/she may require, the health officer finds that the name of an establishment has changed after a permit has been issued for the same, but there has been no change in ownership, location, or type of operation; he/she may issue a permit to the permittee in the new establishment name upon payment of Two Dollars ($2.00).

SECTION 2. PERMITS - FEES.

a. The permit fees for the food-service establishments subject to the fee requirements of these Rules and Regulations shall be the annual fees set forth below and, with respect to temporary food-service establishments, the periodic fee set forth below:

FOOD-SERVICE FEE SCHEDULE

Effective March 1, 1988

RESTAURANTS

(1) Seating capacity 1-25                             $  65
(2) Seating capacity 26-75                              125
(3) Seating capacity 76-150                             195
(4) Seating capacity 151-250                            275
(5) Seating capacity over 250                           365

CATERERS (If not part of another food-service establishment) $ 125

FOOD PROCESSING ESTABLISHMENTS                               $ 125

SNACK BARS (no food preparation)                             $  50

MOBILE FOOD SERVICE UNITS

(1) Low Hazard Mobile Food Carts, base fee            $  75
Additional locations, each 25
(2) Restricted Mobile Caterers, base fee                145
Additional vehicles, each 50
(3) Restricted Mobile Food Carts, base fee              125
Additional locations, each 30
(4) Unrestricted Mobile Food Caters, base fee           180
Additional vehicles, each 50

TEMPORARY FOOD SERVICE ESTABLISHMENTS

(1) Low Hazard Operation                              $  50
(2) High Hazard Operation                                75
(3) "Saturday Market"                                   122

FOOD DEMONSTRATORS                                           $  65

FOOD PROMOTERS                                               $ 180

TAVERNS (No food preparation)                                $  75

GROCERY STORES

(1) Less than 4 checkout devices                       $  50
(2) 4 - 8 checkout devices                               110
(3) over 8 checkout devices                              180

LIMITED GROCERY STORES                                        $  50

PRODUCE STANDS                                                $  75

RETAIL BAKERIES                                               $ 125

EXEMPT                                                         n/c

 

Provided that if the application pertains to a seasonal food-service establishment or a food-service establishment that is to be operated only after October 1, in any year, the applicable permit fee shall be one-half the annual fee specified above. *

*Amended 7/29/86

b. Application for a new annual permit must be received on or before commencement of the operation. Application for renewal of a permit must be received within ten (10) days of the renewal date. Application of these deadlines will be subject to a late charge equal to one-quarter (1/4) of the amount of the applicable annual permit fee, to pay for the additional Departmental administrative procedures occasioned by such delinquency, and $25.00 for processing the late payment of any temporary or seasonal permit fee.*

* Amended 7/29/86

c. Application for a temporary food-service establishment permit must be received at least fourteen (14) calendar days before the effective date of the permit. Applications for the permits received between fourteen (14) days and nine (9) days before the effective date may be approved only upon payment of an additional $25.00 late fee.*

* Amended 7/29/86

d. For the purpose of calculating seating capacity to determine the applicable permit fee, the following methodology shall be used:

(1) Only the number of seats used for serving customers shall be counted; seating used solely for customer waiting shall not be counted.

(2) Any restaurant comprised of more than one type of operation, such as a coffee shop and cocktail lounge, may, at the option of the permittee, have its seating capacity computed as if the restaurant were only a single operation.

(3) Seating count for "take-out" and "drive-in" type food-service establishments shall either include the total number of inside and outside seats or two seats for each defined parking stall provided by the food-service establishment, whichever is greater.

e. Fees for inspection service requested by the food-service establishment management to be performed outside regular departmental working hours will be charged for at a rate equal to the cost of performing the service.

f. The Health Officer is also authorized to charge such fees as he/she may deem necessary for the furnishing of special services or materials requested by the public that are not ordinarily provided under permit or pursuant to statute. Such services and material to be furnished may include but are not limited to the following:

(1) Reproduction and/or search of records and documents.

(2) Special food-service establishment examination.

(3) Examination, testing, or inspection of particular products, materials, construction, equipment or appliances to determine their compliance with the provision of these Rules and Regulations or their acceptability for use.

The Health Officer or his/her authorized representative shall have full authority to specify the terms and conditions upon which such services and materials shall be made available, consistent with any applicable statutes and ordinances; Provided, that any fees imposed pursuant to this authorization shall be reasonably equivalent to King County cost for furnishing said services and materials.

g. Whenever payment of any fee imposed by these Rules and Regulations is made by a check that is not honored by the drawee bank, any permit issued pursuant to payment by that check is void from the date of permit issuance. The permit may be reissued upon payment by certified check, money order, or cash of the original amount, plus an administrative charge of Ten Dollars ($10.00).

SECTION 3. PERMITS - PERMIT AND PERMIT FEE EXEMPTIONS.

a. Every person who operates a public, private, or parochial school lunchroom shall obtain a permit therefor from the health officer but shall be exempt from the fee provisions of these Rules and Regulations.

b. Every religious, charitable, community service or educational organization or institution operating a food-service establishment shall obtain a permit therefor from the health officer, but shall be exempt from the fee provisions of these Rules and Regulations unless such food-service establishment, more than five (5) times a year, provides food to nonmembers of such organization or institution for a charge.

c. The health officer shall not require a permit fee from any blind person for the operation of a vending facility under the supervision of the Washington State Commission for the Blind. The term "vending facility" as used in this section means any vending stand, facility, cafeteria, or snack bar at which food, tobacco or sundries are offered for sale. The term "blind" person as used in this subsection shall have the meaning set forth in RCW 74.17.010.

d. Food-service establishments that sell or offer for sale only coffee, tea, nonpotentially hazardous nonalcoholic beverages, popcorn and prepackaged candy, chewing gum, nut meats, potato chips, and pretzels shall be exempt for the provisions of these Rules and Regulations. The health officer, by rule, may authorize the sale of other nonpotentially hazardous foods to be likewise exempt from the provisions of these Rules and Regulations.

e. The sale of wrapped prepackaged ice cream, ice cream bars, or frozen confections shall not require a permit where such products are prepared, manufactured, wrapped or packaged, and frozen in a facility operating under permit from the Department, the Washington State Department of Agriculture - the United States Department of Health and Human Services - Public Health Service - Food and Drug Administration, or another official agency acceptable to the health officer, and where such products remain packaged and frozen in an unaltered state until being sold.

SECTION 4. PERMITS - SUSPENSION.

a. The health officer may, without warning, notice, or hearing suspend any permit to operate a food-service establishment if the permittee does not comply with the requirements of these Rules and Regulations, or the lawful directives of the health officer, or if the operation of the establishment is not in compliance with the requirements of these Rules and Regulations, or if violations of these Rules and Regulations have not been corrected within the time specified in an inspection report; Provided, that the health officer shall suspend the permit of a food-service establishment whenever he finds that the operation of such food-service establishment consitutues a substantial hazard to public health or whenever the rating score of such food-service establishment is found upon inspection to be less than 70. Suspension is effective upon service of the notice required by Part 91, Section 4.b. of these Rules and Regulations. When a permit is suspended, food service operations shall immediately cease.

b. Whenever a permit is suspended, the permittee shall be notified, in writing, that upon service of the notice on the permittee or the person in charge, the permit is immediately suspended and that an opportunity for a hearing on the validity of the suspension will be provided if a written request for hearing is filed with the health officer by the permittee within ten (10) days after the suspension. The filing of a written request for hearing shall not stay the effectiveness of the suspension.

SECTION 5. PERMITS - REVOCATION.

a. The health officer, after providing the permittee an opportunity for a hearing, may revoke a permit for serious or repeated violations of any of the requirements of these Rules and Regulations or for interference with the health officer in the performance of duty.

b. Prior to any such revocation, the health officer shall notify, in writing, the permittee of the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the end of the tenth (10th) day following service of such notice unless a written request for hearing is filed with the health officer by the permittee within ten (10) days after the date of service, in which case the revocation shall be stayed until the issuance of a final decision following the hearing.

SECTION 6. PERMITS - REINSTATEMENT AFTER SUSPENSION. Any person whose permit has been suspended may, at any time, submit to the Department a written application for an inspection for the purpose of reinstatement of a suspended permit, which application shall include a statement signed by the applicant that, in his opinion, the conditions causing suspension of the permit have been corrected. Within ten (10) days following the Departmentís receipt of such an application, the health officer shall inspect the premises to be used as a food-service establishment. In the event the applicant and such premises are in compliance with the requirements of these Rules and Regulations, the permit shall be reinstated.

SECTION 7. PERMITS - APPLICATION AFTER REVOCATION. Whenever a permit has been revoked, the previous permittee may make written application for a new permit.
 
 

PART 92 - INSPECTIONS

SECTION 1. INSPECTIONS - FREQUENCY. An inspection of a food-service establishment may be performed by the health officer as often as such officer deems necessary. The health officer shall inspect every food-service establishment prior to issuing a permit therefor whenever the operation thereof is delinquent in the payment of any applicable permit fee.

SECTION 2. INSPECTIONS - ACCESS. Every person operating a food-service establishment shall permit the health officer, after proper identification, to enter the food-service establishment during its normal business hours for the purpose of making inspections to determine compliance with these Rules and Regulations; and shall permit the health officer to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used.

SECTION 3. INSPECTIONS - REPORT.

a. Whenever an inspection of a food-service establishment is made, the finding shall be recorded on the inspection report form prepared by the health officer who shall be guided in the preparation thereof by FDA Form FD 2420 of the U.S. Department of Health and Human Services, Food and Drug Administration.

b. The inspection report form shall summarize the requirements of these Rules and Regulations and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by section number, the section of these Rules and Regulations violated, and shall state the date of the inspection, the correction to be made, and the period of time allowed for the correction of the violations found. The inspection report shall also state that failure to comply with any specified time limits for corrections may result in a Department directive to cease food-service operations and that an opportunity for hearing on the inspection finding will be provided if a written request for a hearing is filed with the health officer within ten (10) days following the date of the inspection report. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from 100.

c. A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.

SECTION 4. INSPECTIONS - TIME ALLOWED FOR CORRECTION OF VIOLATIONS. Correction of the violations identified in any inspection report shall be accomplished within the period specified therein and in accordance with the following provisions:

a. All 1-or 2-point items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection; Provided, that when a rating score of the establishment is between 70 & 85, all 1- and 2-point weighted items shall be corrected within thirty (30) days.

b. All violations of 4-or 5-point weighted items shall be corrected as soon as possible, but in any event, within ten (10) days following inspection. A followup inspection may be conducted to confirm correction.

c. In the case of temporary food-service establishments, all violations shall be corrected within a time specified by the health officer, which shall not exceed twenty-four (24) hours.
 
 

PART 93 - EXAMINATION AND CONDEMNATION OF FOOD

SECTION 2. EXAMINATION AND CONDEMNATION OF FOOD. Food may be examined or sampled by the health officer as often as necessary for enforcement of these Rules and Regulations. The health officer, upon written notice to the permittee or person in charge specifying with particularity the reasons therefor, may place a hold order on any food which he/she believes is in violation of any provision of these Rules and Regulations. The health officer shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or removed from the establishment except pursuant to direction of the health officer. The health officer shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The written notice of a hold order shall state that an opportunity for a hearing on the validity of the hold order will be provided if a written request for hearing is filed with the health officer within ten (10) days, and that if no hearing is requested, the food shall be destroyed.
 
 

PART 94 - REVIEW OF FOOD-SERVICE ESTABLISHMENT PLANS

SECTION 1. REVIEW OF FOOD-SERVICE ESTABLISHMENT PLANS/ REVIEW FEE. Whenever a food-service establishment is to be constructed or extensively remodeled and whenever an existing structure is to be converted to use as a food service establishment, plans and specifications for such construction, remodeling, or conversion shall be submitted to the health officer for review and approval before any such construction, remodeling or conversion is begun, together with the sum of $90.00 which shall be the fee for such review. The plans and specifications shall indicate the proposed layout arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The health officer shall approve the plans and specifications, if they meet the requirements of these Rules and Regulations and the plans review fee has been paid; otherwise, he/she shall not. In the event the health officer disapproves submitted plans and specifications, he/she shall indicate the particular aspects thereof that are not in compliance with requirements of these Rules and Regulations, and shall invite the resubmission of such plans and specifications following their revision. When plans and specifications that have been examined are altered and resubmitted, an additional fee for the re-examination of such plans shall be assessed at the rate of Forty Dollars ($40.00) per hour. Where a duplicate set of approved plans are submitted for examination and approval at any time after a permit has been issued on the original approved plans, a fee shall be charged at the rate of Forty Dollars ($40.00 ) per hour for such examination and approval. Where a complete redesign of a building is submitted after one design has been examined, a new review fee shall be charged in addition to the review fee for the first design. The examination of any further redesign shall be similarly charged. No food service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the health officer.

SECTION 2. PRE-OPERATIONAL INSPECTION. Whenever plans and specifications are required by Part 94, Section 1. of these Rules and Regulations to be submitted to the health officer, the health officer may inspect the food-service establishment prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of these Rules and Regulations.
 
 

PART 95- AUTHORITY OF HEALTH OFFICER SUSPECTING INFECTION

SECTION 1. PROCEDURE WHEN INFECTION IF SUSPECTED. When the health officer has reasonable cause to suspect possible disease transmission of any food-service establishment personnel, or by an outbreak of food-borne illness, the health officer may secure a morbidity history of the suspected personnel and may make any other investigation as indicated. The health officer may also require any or all of the following measures to be undertaken:

a. The immediate exclusion of the infected personnel from employment in food-service establishments;

b. The immediate closing of the food-service establishment concerned until, in the opinion of the health officer, no further danger of disease outbreak exists;

c. Restriction of the infected personnelís services to some area of the establishment where there would be no danger of transmitting disease;

d. Medical and laboratory examination of the personnel and of their body discharges;

e. Assistance in locating persons exposed to the disease.
 
 

PART 96 - ADMINISTRATIVE PROCEEDINGS

SECTION 1. ADMINISTRATIVE PROCEEDINGS -SERVICE OF NOTICES. A notice provided for in these Rules and Regulations is properly served when it is delivered in person to the permittee or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the permittee. A copy of the notice shall be filed in the records of the health officer.

SECTION 2. ADMINISTRATIVE PROCEEDINGS - REQUEST FOR HEARING. Any request for a hearing under these Rules and Regulations shall be in writing and shall specify the name of the permittee; the business or operating name and address or location of the food-service establishment; the Departmental action concerning which the hearing is sought (for instance, a permit suspension, permit revocation, inspection finding(s), the placing of a hold order on any food or the ordering of its destruction); the date of such Departmental action; a short statement of the reasons why a hearing should be had; the hearing requesterís position(s) with respect to the matters to be heard; and the administrative relief sought. Forms for such requests to be made shall be provided by the health officer, but the use of such forms shall not be a prerequisite for any such hearing.

SECTION 3. ADMINISTRATIVE PROCEEDINGS - HEARINGS. In all cases in which a hearing is requested or otherwise required in accordance with the provisions of these Rules and Regulations, the health officer shall set a date of hearing either before the health officer or a Hearing Examiner in the Office of Hearing Examiner, which date, unless otherwise provided herein, shall not be later than fifteen (15) days after the Departmentís receipt of a request for a hearing. Notice of the date, and a summary of the issues involved shall be sent by certified mail to the permittee and to any complainant other than the health officer. Such hearing shall be open to the public, and a record kept thereof. After any hearing with respect to the placing of a hold order on any food or the ordering of its destruction, the health officer or the Hearing Examiner may vacate the hold order or may direct the permittee or person in charge to denature or destroy such food or to bring it into compliance with the provisions of these Rules and Regulations.
 
 

PART 97 - PENALTIES

SECTION 1. PENALTIES. Anyone convicted for violating or failing to comply with any of the provisions of these Rules and Regulations shall be punished by a fine of not to exceed Three Hundred Dollars ($300.00) or by imprisonment in jail for a term not to exceed ninety (90) days, or by both such fine and imprisonment; and each day that anyone shall continue to so violate or fail to comply shall be considered a separate offense.
 
 

PART 98 - APPENDICES

SECTION 1. ADOPTION AND INCORPORATION OF APPENDICES. Appendices C and D of the 1976 Food Service Sanitation Manual published by the U.S. Department of Health, Education and Welfare, Public Health Service, Food and Drug Administration, are hereby adopted and by this reference made part of these rules and Regulations.

SECTION 2. ENFORCEMENT. These Rules and Regulations shall be enforced by the Director of Public Health. The health officer is authorized to make rules and regulations not inconsistent with the provisions of these Rules and Regulations for the purpose of enforcing and carrying out its provisions.

SECTION 3. CONSTRUCTION. The provisions of these Rules and Regulations do not apply to or govern the construction of an punishment of any offense committed prior to the effective date of these Rules and Regulations or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if these Rules and Regulations had not been enacted.

SECTION 4. SEVERABLITY. The provisions of these Rules and Regulations are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of these Rules and Regulations, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of these Rules and Regulations; or the validity of it application to other persons or circumstances.

SECTION 5. REPEALER. King County Board of Health Rules and Regulations II as amended, are repealed.

SECTION 6. RATIFICATION AND CONFIRMATION OF PRIOR ACTS. Any acts consistent with the authority and prior to the effective date of these rules and regulations is ratified and confirmed.

SECTION 7. These Rules and Regulations shall take effect on April 1, 1981. Passed this 19th day of December , 1980.