Current through Register Vol. 24-06, March 15, 2024
The definitions in this section apply throughout this
chapter unless the context clearly indicates otherwise.
(1) " ACCREDITED PROGRAM."
(a) ACCREDITED PROGRAM means a FOOD
protection manager certification program that has been evaluated and listed by
an accrediting agency as conforming to national standards for organizations
that certify individuals.
(b)
ACCREDITED PROGRAM refers to the certification process and is a designation
based upon an independent evaluation of factors such as the sponsor's mission;
organizational structure; staff resources; revenue sources; policies; public
information regarding program scope, eligibility requirements, recertification,
discipline, and grievance procedures; and test development and
administration.
(c) ACCREDITED
PROGRAM does not refer to training functions or educational programs.
(2) "ACTIVE MANAGERIAL CONTROL"
means the purposeful use of specific policies and procedures in the FOOD
ESTABLISHMENT to control foodborne illness risk factors. It embodies a
preventive rather than reactive approach to food safety through a continuous
system of training, monitoring, and verification.
(3) "ADDITIVE."
(a) "FOOD ADDITIVE" has the meaning stated in
the Federal Food, Drug, and Cosmetic Act, Section 201(s) and
21
C.F.R.
170.3(e)(1).
(b) "COLOR ADDITIVE" has the meaning stated
in the Federal Food, Drug, and Cosmetic Act, Section 201(t) and
21
C.F.R. 70.3(f).
(4) "ADULTERATED" has the meaning
stated in the Federal Food, Drug, and Cosmetic Act, Section 402.
(5) "APPROVED" means acceptable to the
REGULATORY AUTHORITY based on a determination of conformity with principles,
practices, and generally recognized standards that protect public
health.
(6) "ASIAN RICE-BASED
NOODLES" means a rice-based pasta that contains rice powder, water, wheat
starch, vegetable cooking oil, and optional ingredients to modify the pH or
water activity, or to provide a preservative effect. The ingredients do not
include products derived from animals. The rice-based pasta is prepared by
using a traditional method that includes cooking by steaming at not less than
one hundred thirty degrees Fahrenheit, for not less than four
minutes.
(7) "ASYMPTOMATIC."
(a) ASYMPTOMATIC means without obvious
symptoms; not showing or producing indications of a disease or other medical
condition, such as an individual infected with a pathogen but not exhibiting or
producing any signs or symptoms of vomiting, diarrhea, or jaundice.
(b) ASYMPTOMATIC includes not showing
symptoms because symptoms have resolved or subsided, or because symptoms never
manifested.
(8)
"Aw" means water activity which is a measure of the free
moisture in a FOOD, is the quotient of the water vapor pressure of the
substance divided by the vapor pressure of pure water at the same temperature,
and is indicated by the symbol Aw.
(9) "BALUT" means an embryo inside a fertile
EGG that has been incubated for a period sufficient for the embryo to reach a
specific stage of development after which it is removed from incubation before
hatching.
(10) "BED AND BREAKFAST
OPERATION" means a private home or inn offering one or more lodging units on a
temporary basis to travelers.
(11)
"BEVERAGE" means a liquid for drinking, including water.
(12) "BOTTLED DRINKING WATER" means water
that is SEALED in bottles, packages, or other containers and offered for sale
for human consumption, including bottled mineral water.
(13) "CATERING OPERATION."
(a) CATERING OPERATION means a PERSON who
contracts with a client to prepare a specific menu and amount of FOOD in an
APPROVED FOOD ESTABLISHMENT for service to the client's guests or customers at
a different location.
(b)
Consistent with its application under WAC
246-215-08325, a CATERING
OPERATION APPROVED for a PERMIT may cook or perform final preparation on
certain FOOD at the service location.
(14) "CERTIFICATION NUMBER" means a unique
combination of letters and numbers assigned by a SHELLFISH CONTROL AUTHORITY to
a MOLLUSCAN SHELLFISH DEALER according to the provisions of the National
Shellfish Sanitation Program.
(15)
"CERTIFIED FOOD PROTECTION MANAGER" means an EMPLOYEE with the authority to
implement food protection measures and who meets the certification requirements
listed by a Conference for Food Protection-recognized accrediting agency as
conforming to the Conference for Food Protection Standards for Accreditation of
Food Protection Manager Certification Programs.
(16) "C.F.R." means Code of Federal
Regulations. Citations in this chapter to the C.F.R. refer sequentially to the
Title, Part, and Section numbers, such as 40 C.F.R. 180.194 refers to Title 40,
Part 180, Section 194.
(17) "CIP."
(a) CIP means cleaned in place by the
circulation or flowing by mechanical means through a piping system of a
detergent solution, water rinse, and SANITIZING solution onto or over EQUIPMENT
surfaces that require cleaning, such as the method used, in part, to clean and
SANITIZE a frozen dessert machine.
(b) CIP does not include the cleaning of
EQUIPMENT such as band saws, slicers, or mixers that are subject to in-place
manual cleaning without the use of a CIP system.
(18) "COMMINGLE" means:
(a) To combine SHELLSTOCK harvested on
different days or from different growing areas as identified on the tag or
label, or
(b) To combine SHUCKED
SHELLFISH from containers with different container codes or different shucking
dates.
(19)
"COMMINUTED."
(a) COMMINUTED means reduced in
size by methods including chopping, flaking, grinding, or mincing.
(b) COMMINUTED includes FISH or MEAT products
that are reduced in size and restructured or reformulated such as gefilte FISH,
gyros, ground beef, and sausage; and a mixture of two or more types of MEAT
that have been reduced in size and combined, such as sausages made from two or
more MEATS.
(20)
"COMMISSARY" means an APPROVED FOOD ESTABLISHMENT where FOOD is stored,
prepared, portioned, or PACKAGED for service elsewhere.
(21) "CONDITIONAL EMPLOYEE" means a potential
FOOD EMPLOYEE to whom a job offer is made, conditional on responses to
subsequent medical questions or examinations designed to identify potential
FOOD EMPLOYEES who may be suffering from a disease that can be transmitted
through FOOD and done in compliance with Title 1 of the Americans with
Disabilities Act of 1990.
(22)
"CONFIRMED DISEASE OUTBREAK" means a FOODBORNE DISEASE OUTBREAK in which
laboratory analysis of appropriate specimens identifies a causative agent and
epi-demiological analysis implicates the FOOD as the source of the
illness.
(23) "CONSUMER" means a
PERSON who is a member of the public, takes possession of FOOD, is not
functioning in the capacity of an operator of a FOOD ESTABLISHMENT or FOOD
PROCESSING PLANT, and does not offer the FOOD for resale.
(24) "CORROSION-RESISTANT" means a material
that maintains acceptable surface cleanability characteristics under prolonged
influence of the FOOD to be contacted, the normal use of cleaning compounds and
SANITIZING solutions, and other conditions of the use environment.
(25) "COUNTER-MOUNTED EQUIPMENT" means
EQUIPMENT that is not portable and is designed to be mounted off the floor on a
table, counter, or shelf.
(26)
"CRITICAL CONTROL POINT" means a point or procedure in a specific FOOD system
where loss of control might result in an unacceptable health RISK.
(27) "CRITICAL LIMIT" means the maximum or
minimum value to which a physical, biological, or chemical parameter must be
controlled at a CRITICAL CONTROL POINT to minimize the RISK that the identified
FOOD safety HAZARD might occur.
(28) "CUT LEAFY GREENS" means fresh leafy
greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term
"leafy greens" includes iceberg lettuce, romaine lettuce, leaf lettuce, butter
lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole,
endive, spring mix, spinach, cabbage, kale, arugula, and chard. The term "leafy
greens" does not include herbs such as cilantro or parsley. The term "cut" does
not include removing and discarding the exterior leaves.
(29) "DEALER" means a PERSON who is
authorized by a SHELLFISH CONTROL AUTHORITY for the activities of SHELLSTOCK
shipper, shucker-packer, repacker, reshipper, or depuration processor of
MOLLUSCAN SHELLFISH according to the provisions of the National Shellfish
Sanitation Program.
(30)
"DISCLOSURE" means a written statement that clearly identifies the
animal-derived FOODS which are, or can be ordered, raw, undercooked, or without
otherwise being processed to eliminate pathogens, or items that contain an
ingredient that is raw, undercooked, or without otherwise being processed to
eliminate pathogens.
(31) "DONATED
FOOD DISTRIBUTING ORGANIZATION" means a FOOD ESTABLISHMENT that is a charitable
nonprofit organization under Section 501(c) of the federal Internal Revenue
Code that distributes FOOD free of charge to the needy.
(32) "DONOR" means a person, corporation,
association, or other organization that donates FOOD to a DONATED FOOD
DISTRIBUTING ORGANIZATION under the provisions of chapter 69.80 RCW, known as
the Good Samaritan Food Donation Act.
(33) "DONOR KITCHEN" means a kitchen that is
used by a DONOR to handle, store, or prepare FOOD for donation to needy persons
through a DONATED FOOD DISTRIBUTING ORGANIZATION and which is not a residential
kitchen in a private home.
(34)
"DRINKING WATER."
(a) DRINKING WATER means
water that meets 40 C.F.R. 141, National Primary Drinking Water
Regulations.
(b) DRINKING WATER is
traditionally known as "potable water."
(c) DRINKING WATER includes the term "water"
except where the term used connotes that the water is not potable, such as
"boiler water," "mop water," "rainwater," "wastewater," and "nondrinking"
water.
(d) DRINKING WATER means
potable water that is supplied in compliance with chapters 246-290 and 246-291
WAC.
(35) "DRY STORAGE"
means a room or area designated for the storage of PACKAGED or containerized
bulk FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD and dry goods
such as SINGLE-SERVICE ARTICLES.
(36) "EASILY CLEANABLE."
(a) EASILY CLEANABLE means a characteristic
of a surface that:
(i) Allows effective
removal of soil by normal cleaning methods;
(ii) Is dependent on the material, design,
construction, and installation of the surface; and
(iii) Varies with the likelihood of the
surface's role in introducing pathogenic or toxigenic agents or other
contaminants into FOOD based on the surface's APPROVED placement, purpose and
use.
(b) EASILY
CLEANABLE includes a tiered application of the requirements that qualify the
surface as EASILY CLEAN-ABLE as specified in (a) of this subsection to
different situations in which varying degrees of cleanability are required such
as:
(i) The appropriateness of stainless steel
for a FOOD preparation surface as opposed to the lack of need for stainless
steel to be used for floors or for tables used for CONSUMER dining;
or
(ii) The need for a different
degree of cleanability for a utilitarian attachment or accessory in the kitchen
as opposed to a decorative attachment or accessory in the CONSUMER dining
area.
(37)
"EASILY MOVABLE" means:
(a) Portable; mounted
on casters, gliders, or rollers; or provided with a mechanical means to safely
tilt a unit of EQUIPMENT for cleaning; and
(b) Having no utility connection, a utility
connection that disconnects quickly, or a flexible utility connection line of
sufficient length to allow the EQUIPMENT to be moved for cleaning of the
EQUIPMENT and adjacent area.
(38) "EGG."
(a) EGG means the shell EGG of avian species
such as chicken, duck, goose, guinea, quail, RATITES, turkey, or any other
species of fowl.
(b) EGG does not
include:
(i) A BALUT;
(ii) The EGG of a reptile species such as
alligator; or
(iii) An EGG
PRODUCT.
(39)
"EGG PRODUCT."
(a) EGG PRODUCT means all, or
a portion of, the contents found inside EGGS separated from the shell and
pasteurized in a FOOD PROCESSING PLANT, with or without added ingredients,
intended for human consumption such as dried, frozen, or liquid EGGS.
(b) EGG PRODUCT does not include FOOD which
contains EGGS only in a relatively small proportion such as cake
mixes.
(40) "EMPLOYEE"
means the PERMIT HOLDER, PERSON IN CHARGE, FOOD EMPLOYEE, PERSON having
supervisory or management duties, PERSON on the payroll, family member,
volunteer, PERSON performing work under contractual agreement, or other PERSON
working in a FOOD ESTABLISHMENT.
(41) "EPA" means the United States
Environmental Protection Agency.
(42) "EQUIPMENT."
(a) EQUIPMENT means an article that is used
in the operation of a FOOD ESTABLISHMENT such as a freezer, grinder, hood, ice
maker, MEAT block, mixer, oven, reach-in refrigerator, scale, sink slicer,
stove, table, TEMPERATURE MEASURING DEVICE for ambient air, VENDING MACHINE, or
WARE-WASHING machine.
(b) EQUIPMENT
does not include items used for handling or storing large quantities of
PACKAGED FOODS that are received from a supplier in a cased or overwrapped lot,
such as hand trucks, forklifts, dollies, pallets, racks, and skids.
(43) "EXCLUDE" means to prevent a
PERSON from working as an EMPLOYEE in a FOOD ESTABLISHMENT or entering a FOOD
ESTABLISHMENT as an EMPLOYEE.
(44)
"FDA" means the United States Food and Drug Administration.
(45) "FISH."
(a) FISH means fresh or saltwater finfish,
crustaceans, mollusks, and other forms of aquatic life (including alligator,
frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of
such animals) other than birds or mammals, if such animal life is intended for
human consumption.
(b) FISH
includes an edible human FOOD product derived in whole or in part from FISH,
including FISH that have been processed in any manner.
(46) "FOOD" means a raw, cooked, or processed
edible substance, ice, BEVERAGE, or ingredient used or intended for use or for
sale in whole or in part for human consumption, or chewing gum.
(47) "FOODBORNE DISEASE OUTBREAK" means the
occurrence of two or more cases of a similar illness resulting from the
ingestion of a common FOOD.
(48)
"FOOD-CONTACT SURFACE" means:
(a) A surface
of EQUIPMENT or a UTENSIL with which FOOD normally comes into contact;
or
(b) A surface of EQUIPMENT or a
UTENSIL from which FOOD might drain, drip or splash:
(i) Into a FOOD; or
(ii) Onto a surface normally in contact with
FOOD.
(49)
"FOOD EMPLOYEE" means an individual working with unPACKAGED FOOD, FOOD
EQUIPMENT or UTENSILS, or FOOD-CONTACT SURFACES.
(50) "FOOD ESTABLISHMENT."
(a) FOOD ESTABLISHMENT means an operation
that:
(i) Stores, prepares, PACKAGES, serves,
and vends FOOD directly to the CONSUMER, or otherwise provides FOOD for human
consumption such as a restaurant; satellite or catered feeding location;
CATERING OPERATION if the operation provides FOOD directly to a CONSUMER or to
a conveyance used to transport people; market; vending location; conveyance
used to transport people; institution; or FOOD bank; and
(ii) Relinquishes possession of FOOD to a
CONSUMER directly, or indirectly through a delivery service such as home
delivery or grocery orders or restaurant takeout orders, or delivery service
that is provided by common carriers.
(b) FOOD ESTABLISHMENT includes:
(i) An element of the operation such as a
transportation vehicle or a central preparation facility that supplies a
vending location or satellite feeding location unless the vending or feeding
location is PERMITTED by the REGULATORY AUTHORITY; and
(ii) An operation that is conducted in a
mobile, stationary, temporary, or permanent facility or location; where
consumption is on or off the PREMISES; and regardless of whether there is a
charge for the FOOD.
(c)
FOOD ESTABLISHMENT does not include:
(i) An
establishment that offers only nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD
prePACKAGED in a licensed FOOD ESTABLISHMENT or FOOD PROCESSING
PLANT;
(ii) An establishment that
offers only nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD, nonREADY-TO-EAT,
minimally cut, unprocessed fruits, vegetables, and fresh herbs;
(iii) A FOOD PROCESSING PLANT, cottage FOOD
operation, or other establishment for activities regulated by the Washington
state department of agriculture or the United States Department of
Agriculture;
(iv) An establishment
that offers only nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD, READY-TO-EAT FOOD
produced in a licensed FOOD ESTABLISHMENT or FOOD PROCESSING PLANT (such as
premixed soda pop, powdered creamer, pretzels, cookies, doughnuts, cake, or
MEAT jerky) that are served from the original package without direct hand
contact, with limited portioning, directly onto or into sanitary SINGLE-USE
ARTICLES or SINGLE-SERVICE ARTICLES;
(v) An establishment that offers only
nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD, hot BEVERAGES (such as coffee,
tea, or pasteurized apple cider) served directly into sanitary SINGLE-SERVICE
ARTICLES;
(vi) An establishment
that offers only dry nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD,
nonREADY-TO-EAT FOODS with no additional processing (such as dry beans, dry
grains, in-shell nuts, coffee beans, tea leaves, or herbs for tea);
(vii) An establishment that offers only
prePACKAGED frozen confections produced in a licensed FOOD ESTABLISHMENT or
FOOD PROCESSING PLANT;
(viii) A
residential kitchen in a private home or other location, if only FOODS that are
nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD baked goods are prepared and
wrapped in a sanitary manner for sale or service by a nonprofit organization
operating for religious, charitable, or educational purposes and if the
CONSUMER is informed by a clearly visible placard at the sales or service
location that the FOODS are prepared in a kitchen that is not inspected by a
REGULATORY AUTHORITY;
(ix) A
location where FOODS that are prepared as specified in (c)(viii) of this
subsection are sold or offered for human consumption;
(x) A hotel, motel, or other similar business
that maintains an ice dispensing machine for self-service use by guests and the
ice is not used by a FOOD ESTABLISHMENT;
(xi) A kitchen in a private home operated as
a family day care provider as defined in RCW 43.215.010(1)(c) or an adult
family home as defined in
RCW
70.128.010, used only to prepare FOOD for
residents and other people for whom the operation is licensed to provide
care;
(xii) A private home that
receives catered or home-delivered FOOD;
(xiii) A private home or other location used
for a PRIVATE EVENT;
(xiv) A DONOR
KITCHEN;
(xv) A location used for a
POTLUCK;
(xvi) A location, not
including special events as defined in
RCW
82.32.033, operating thirty or fewer days per
calendar year, used by a PERSON under the age of eighteen for the sale of
nonalcoholic beverages, such as lemonade, using nonTIME/TEMPERATURE CONTROL FOR
SAFETY FOOD with no direct hand contact and served directly into SINGLE-SERVICE
ARTICLES; and
(xvii) A BED AND
BREAKFAST OPERATION that prepares and offers FOOD to guests if the home is
owner occupied, the number of available guest bedrooms does not exceed two,
breakfast is the only meal offered, and the CONSUMER is informed in published
advertisements, mailed brochures, and placards posted at the registration area
that the FOOD is prepared in a kitchen that is not regulated or inspected by
the REGULATORY AUTHORITY.
(51) "FOOD PROCESSING PLANT."
(a) FOOD PROCESSING PLANT means a commercial
operation that manufactures, packages, labels, or stores FOOD for human
consumption, and provides FOOD for sale or distribution to other business
entities such as FOOD PROCESSING PLANTS or FOOD ESTABLISHMENTS.
(b) FOOD PROCESSING PLANT does not include a
FOOD ESTABLISHMENT.
(52)
"FOOD WORKER CARD" means a FOOD and BEVERAGE service worker's permit as
required under chapter 69.06 RCW.
(53) "GAME ANIMAL."
(a) GAME ANIMAL means an animal, the products
of which are FOOD that is not classified as livestock, sheep, swine, goat,
horse, mule, or other equine in
9
C.F.R. 301.2 Definitions, or as POULTRY, or
FISH.
(b) GAME ANIMAL includes
mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit,
squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as
land snakes.
(c) GAME ANIMAL does
not include RATITES.
(54) "GRADE A STANDARDS" means the
requirements of the United States Public Health Service/FDA "Grade A
Pasteurized Milk Ordinance" with which certain fluid and dry milk and milk
products comply.
(55) "HACCP PLAN"
means a written document that delineates the formal procedures for following
the Hazard Analysis and Critical Control Point principles developed by The
National Advisory Committee on Microbiological Criteria for Foods.
(56) "HANDWASHING SINK."
(a) HANDWASHING SINK means a lavatory, a
basin or vessel for washing, a wash basin, or a PLUMBING FIXTURE especially
placed for use in personal hygiene and designed for the washing of the
hands.
(b) HANDWASHING SINK
includes an automatic hand-washing facility.
(57) "HAZARD" means a biological, chemical,
or physical property that might cause an unacceptable CONSUMER health
RISK.
(58) "HEALTH PRACTITIONER"
means a physician licensed to practice medicine, or if allowed by LAW, a nurse
practitioner, physician assistant or similar medical professional.
(59) "HERMETICALLY SEALED CONTAINER" means a
container that is designed and intended to be secure against the entry of
microorganisms and, in the case of low acid canned FOODS, to maintain the
commercial sterility of its contents after processing.
(60) "HIGHLY SUSCEPTIBLE POPULATION" means
people who are more likely than others in the general population to experience
foodborne disease because they are:
(a)
Immunocompromised, PRESCHOOL age children, or older adults; and
(b) Obtaining FOOD at a facility that
provides services in a custodial care, health care, or assisted living setting
including, but not limited to, child or adult day care center, kidney dialysis
center, hospital or nursing home, or nutritional or socialization services such
as a senior center.
(61)
"IMMEDIATE SERVICE" means service to the public within thirty minutes of
preparation.
(62) "IMMINENT HEALTH
HAZARD" means a significant threat or danger to health that is considered to
exist when there is evidence sufficient to show that a product, practice,
circumstance, or event creates a situation that requires immediate correction
or cessation of operation to prevent injury based on a fire, flood, extended
interruption of electrical or water service, SEWAGE backup, misuse of POISONOUS
OR TOXIC MATERIALS, onset of an apparent FOOD-BORNE DISEASE OUTBREAK, gross
insanitary occurrence or condition, or other circumstance that might endanger
public health.
(63) "INJECTED"
means manipulating MEAT to which a solution has been introduced into its
interior by processes that are referred to as "injecting," "pump marinating,"
or "stitch pumping."
(64) "INTACT
MEAT" means a cut of whole muscle(s) MEAT that has not undergone COMMINUTION,
INJECTION, MECHANICAL TENDERIZATION, or RECONSTRUCTION.
(65) "JUICE."
(a) JUICE means the aqueous liquid expressed
or extracted from one or more fruits or vegetables, purees of the edible
portions of one or more fruits or vegetables, or any concentrates of such
liquid or puree.
(b) JUICE does not
include, for purposes of HACCP, liquids, purees, or concentrates that are not
used as BEVERAGES or ingredients of BEVERAGES.
(66) "KITCHENWARE" means FOOD preparation and
storage UTENSILS.
(67) "LAW" means
applicable local, state, and federal statutes, regulations, and
ordinances.
(68) "LINENS" means
fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths,
and work garments including cloth gloves.
(69) "LOCAL BOARD OF HEALTH" means the county
or district board of health.
(70)
"LOCAL HEALTH OFFICER" means the legally qualified physician who has been
appointed as the health officer for the county or district public health
department.
(71) "MAJOR FOOD
ALLERGEN."
(a) MAJOR FOOD ALLERGEN means:
(i) MILK, EGG, FISH (such as bass, flounder,
cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree
nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans;
or
(ii) A FOOD ingredient that
contains protein derived from a food as specified in (a)(i) of this
subsection.
(b) MAJOR
FOOD ALLERGEN does not include:
(i) Any highly
refined oil derived from a food specified in (a)(i) of this subsection and any
ingredient derived from such highly refined oil; or
(ii) An ingredient that is exempt under the
petition or notification process specified in the Food Allergen Labeling and
Consumer Protection Act of 2004. (
Public
Law 108-282.)
(72) "MEAT" means the flesh of animals used
as food including the dressed flesh of cattle, swine, sheep, or goats and other
edible animals, except fish and poultry.
(73) "MECHANICALLY TENDERIZED."
(a) MECHANICALLY TENDERIZED means
manipulating meat with deep penetration by processes which may be referred to
as "blade tenderizing," "jaccarding," "pinning," "needling," or using blades,
pins, needles, or any mechanical device.
(b) MECHANICALLY TENDERIZED does not include
processes by which solutions are injected into meat.
(74) "MG/L" means milligrams per liter, which
is the metric equivalent of parts per million (ppm).
(75) "MOBILE FOOD UNIT" means a readily
movable food establishment.
(76)
"MOBILE PRIMARY PERMIT" means a permit issued by a regulatory authority to
operate a mobile food unit within the jurisdiction of the regulatory authority
where the business is primarily located.
(77) "MOBILE SECONDARY PERMIT" means a permit
issued by a regulatory authority to an applicant holding a valid mobile primary
permit as detailed in
RCW
43.20.149.
(78) "MOLLUSCAN SHELLFISH" means any edible
species of fresh or frozen oysters, clams, mussels, and scallops or edible
portions thereof, except when the scallop product consists only of the shucked
adductor muscle.
(79)
"NONCONTINUOUS COOKING."
(a) NONCONTINUOUS
COOKING means the cooking of food in a food establishment using a process in
which the initial heating of the food is intentionally halted so that it may be
cooled and held for complete cooking at a later time prior to sale or
service.
(b) NONCONTINUOUS COOKING
does not include cooking procedures that only involve temporarily interrupting
or slowing an otherwise continuous cooking process.
(80) "PACKAGED."
(a) PACKAGED means bottled, canned, cartoned,
securely bagged, or securely wrapped, whether PACKAGED in a FOOD ESTABLISHMENT
or a FOOD PROCESSING PLANT.
(b)
PACKAGED does not include a wrapper, carry-out box, or other nondurable
container used by a FOOD EMPLOYEE to protect the FOOD during service or
delivery to the CONSUMER:
(i) Upon CONSUMER
request; or
(ii) During display at
a staffed, self-service buffet line, or VENDING MACHINE on the PREMISES serving
food prepared by the FOOD ESTABLISHMENT, such as at a school.
(81) "PERMIT" means the
document issued by the REGULATORY AUTHORITY that authorizes a PERSON to operate
a FOOD ESTABLISHMENT.
(82) "PERMIT
HOLDER" means the entity that:
(a) Is legally
responsible for the operation of the FOOD ESTABLISHMENT such as the owner, the
owner's agent, or other PERSON; and
(b) When required, possesses a valid PERMIT
to operate a FOOD ESTABLISHMENT.
(83) "PERSON" means any individual,
corporation, company, association, society, firm, partnership, joint stock
company, or any governmental agency, or the authorized agents of these
entities.
(84) "PERSON IN CHARGE"
means the individual present at a FOOD ESTABLISHMENT who is responsible for the
operation at the time.
(85)
"PERSONAL CARE ITEMS."
(a) PERSONAL CARE ITEMS
means items or substances that might be poisonous, toxic, or a source of
contamination and are used to maintain or enhance a person's health, hygiene,
or appearance.
(b) PERSONAL CARE
ITEMS include items such as medicines; first-aid supplies; and other items such
as cosmetics, and toiletries such as toothpaste and mouthwash.
(86) "pH" means the symbol for the
negative logarithm of the hydrogen ion concentration, which is a measure of the
degree of acidity or alkalinity of a solution. Values between zero and seven
indicate acidity and values between seven and fourteen indicate alkalinity. The
value for pure distilled water is seven, which is considered neutral.
(87) "PHYSICAL FACILITIES" means the
structure and interior surfaces of a FOOD ESTABLISHMENT including accessories
such as soap and towel dispensers and attachments such as light fixtures and
heating or air conditioning system vents.
(88) "PLUMBING FIXTURE" means a receptacle or
device that:
(a) Is permanently or
temporarily connected to the water distribution system of the PREMISES and
demands a supply of water from the system; or
(b) Discharges used water, waste materials,
or SEWAGE directly or indirectly to the drainage system of the
PREMISES.
(89) "PLUMBING
SYSTEM" means the water supply and distribution pipes; PLUMBING FIXTURES and
traps; soil, waste, and vent pipes; sanitary and storm sewers and building
drains, including their respective connections, devices, and appurtenances
within the PREMISES; and water treating EQUIPMENT.
(90) "POISONOUS OR TOXIC MATERIALS" means
substances that are not intended for ingestion and are included in four
categories:
(a) Cleaners and SANITIZERS,
which include cleaning and SANITIZING agents and agents such as caustics,
acids, drying agents, polishes, and other chemicals;
(b) Pesticides, except SANITIZERS, which
include substances such as insecticides and rodenticides;
(c) Substances necessary for the operation
and maintenance of the establishment such as nonFOOD grade lubricants and
PERSONAL CARE ITEMS that might be deleterious to health; and
(d) Substances that are not necessary for the
operation and maintenance of the establishment and are on the PREMISES for
retail sale, such as petroleum products and paints.
(91) "POTLUCK" means an event where:
(a) People are gathered to share
FOOD;
(b) People attending the
event are expected to bring FOOD to share;
(c) There is no compensation provided for
people bringing FOOD to the event;
(d) There is no charge for any FOOD or
BEVERAGE provided at the event; and
(e) The event is not conducted for commercial
purposes.
(92) "POULTRY"
means:
(a) Any domesticated bird (chickens,
turkeys, ducks, geese, guineas, RATITES, or squabs), whether live or dead, as
defined in
9
C.F.R. 381.1 Poultry Products Inspection
Regulations Definitions, Poultry; and
(b) Any migratory waterfowl or game bird,
pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined
in 9
C.F.R. 362.1 Voluntary Poultry Inspection
Regulations, Definitions.
(93) "PREMISES" means:
(a) The PHYSICAL FACILITY, its contents, and
the contiguous land or property under the control of the PERMIT HOLDER;
or
(b) The PHYSICAL FACILITY, its
contents, and the land or property not described under (a) of this subsection
if its facilities and contents are under control of the PERMIT HOLDER and might
impact FOOD ESTABLISHMENT personnel, facilities, or operations, and a FOOD
ESTABLISHMENT is only one component of a larger operation such as a health care
facility, hotel, motel, school, recreational camp, or prison.
(94) "PRESCHOOL."
(a) PRESCHOOL means a program that provides
organized care and education for children below the age required for
kindergarten entry. A PRESCHOOL operates for two or more days per week with no
child enrolled on a regular basis for more than four hours per day.
(b) PRESCHOOL does not include:
(i) Programs where the parent or guardian is
present at each session;
(ii)
Parent-child classes where the focus is on parent education;
(iii) Short-term parks and recreation
programs;
(iv) Informal parent and
child groups;
(v) Irregular
babysitting;
(vi) Licensed child
care; or
(vii) FOOD preparation and
service operations otherwise under PERMIT or license by the REGULATORY
AUTHORITY.
(95) "PRIMAL CUT" means a basic major cut
into which carcasses and sides of MEAT are separated, such as beef round, pork
loin, lamb flank, or veal breast.
(96) "PRIVATE EVENT" means a private
gathering limited to members and guests of members of a family, organization,
or club, where the event is not open or advertised to the general public, and
where FOOD is provided without compensation.
(97) "PUBLIC WATER SYSTEM" means a DRINKING
WATER system that is operated in compliance with chapters 246-290 and 246-291
WAC.
(98) "RATITE" means a
flightless bird such as an emu, ostrich, or rhea.
(99) "READY-TO-EAT FOOD."
(a) READY-TO-EAT FOOD means FOOD that:
(i) Is in a form that is edible without
additional preparation to achieve FOOD safety, as specified under WAC
246-215-03400(1) through
(3) or WAC
246-215-03405 or
246-215-03425; or
(ii) Is a raw or partially cooked animal FOOD
and the CONSUMER is advised as specified under WAC
246-215-03400(4)(a) and
(c); or
(iii) Is prepared in accordance with a
VARIANCE that is granted as specified under WAC
246-215-03400(4)(d);
and
(iv) May receive additional
preparation for palatability or aesthetic, epicurean, gastronomic, or culinary
purposes.
(b)
READY-TO-EAT FOOD includes:
(i) Raw animal
FOOD that is cooked as specified under WAC
246-215-03400 or
246-215-03405, or frozen as
specified under WAC
246-215-03425;
(ii) Raw fruits and vegetables that are
washed as specified under WAC
246-215-03318;
(iii) Fruits and vegetables that are cooked
for hot holding, as specified under WAC
246-215-03410;
(iv) All TIME/TEMPERATURE CONTROL FOR SAFETY
FOOD that is cooked to the temperature and time required for the specific FOOD
under WAC
246-215-03400 through
246-215-03445 and cooled as
specified under WAC
246-215-03515;
(v) Plant FOOD for which further washing,
cooking, or other processing is not required for FOOD safety, and from which
rinds, peels, husks, or shells, if naturally present, are removed;
(vi) Substances derived from plants such as
spices, seasonings, and sugar;
(vii) A bakery item such as bread, cakes,
pies, fillings, or icing for which further cooking is not required for FOOD
safety;
(viii) The following
products that are produced in accordance with USDA guidelines and that have
received a lethality treatment for pathogens: Dry, fermented sausages, such as
dry salami or pepperoni; salt cured MEAT and POULTRY products, such as
prosciutto ham, country cured ham, and Parma ham; and dried MEAT and POULTRY
products, such as jerky or beef sticks; and
(ix) FOODS manufactured according to 21
C.F.R. Part 113, Thermally Processed Low-Acid Foods Packaged in Hermetically
Sealed Containers.
(100) "RED HIGH RISK FACTORS" are improper
practices or procedures identified as the most prevalent contributing factors
to foodborne illness or injury, as listed on the food Establishment Inspection
Report form.
(101) "REDUCED OXYGEN
PACKAGING."
(a) REDUCED OXYGEN PACKAGING
means:
(i) The reduction of the amount of
oxygen in a package by removing oxygen; displacing oxygen and replacing it with
another gas or combination of gases; or otherwise controlling the oxygen
content to a level below that normally found in the atmosphere (approximately
twenty-one percent at sea level); and
(ii) A process as specified in (a)(i) of this
subsection that involves a FOOD for which the hazards Clostridium
botulinum or Listeria monocytogenes require control
in the final PACKAGED form.
(b) REDUCED OXYGEN PACKAGING includes:
(i) Vacuum packaging, in which air is removed
from a package of FOOD and the package is HERMETICALLY SEALED so that a vacuum
remains inside the package;
(ii)
Modified atmosphere packaging, in which the atmosphere of a package of FOOD is
modified so that its composition is different from air but the atmosphere might
change over time due to the permeability of the packaging material or the
respiration of the FOOD. Modified atmosphere packaging includes reduction of
the proportion of oxygen, total replacement of oxygen, or an increase in the
proportion of other gases such as carbon dioxide or nitrogen;
(iii) Controlled atmosphere packaging, in
which the atmosphere of a package of FOOD is modified so that until the package
is opened, its composition is different from air, and continuous control of
that atmosphere is maintained, such as by using oxygen scavengers or a
combination of total replacement of oxygen, nonrespiring FOOD, and impermeable
packaging material;
(iv) Cook chill
packaging, in which cooked FOOD is hot filled into impermeable bags which have
the air expelled and are then SEALED or crimped closed. The bagged FOOD is
rapidly chilled and refrigerated at temperatures that inhibit the growth of
psychrotrophic pathogens; or
(v)
Sous vide packaging, in which raw or partially cooked FOOD is vacuum packaged
in an impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at
temperatures that inhibit the growth of psychrotrophic pathogens.
(102) "REFUSE" means
solid waste not carried by water through a SEWAGE system.
(103) "REGULATORY AUTHORITY" means the local,
state, or federal enforcement body or authorized representative having
jurisdiction over the FOOD ESTABLISHMENT. The LOCAL BOARD OF HEALTH, acting
through the LOCAL HEALTH OFFICER, is the REGULATORY AUTHORITY for the activity
of a FOOD ESTABLISHMENT, except as otherwise provided by LAW.
(104) "REMINDER" means a written statement
concerning the health RISK of consuming animal FOODS raw, undercooked, or
without otherwise being processed to eliminate pathogens.
(105) "RESERVICE" means the transfer of FOOD
that is unused and returned by a CONSUMER after being served or sold and in the
possession of the CONSUMER, to another person. RESERVICE does not include FOOD
displayed on a self-service operation as described in WAC
246-215-03369.
(106) "RESTRICT" means to limit the
activities of a FOOD EMPLOYEE so that there is no RISK of transmitting a
disease that is transmissible through FOOD and the FOOD EMPLOYEE does not work
with exposed FOOD, clean EQUIPMENT, UTENSILS, LINENS, unwrapped SINGLE-SERVICE
ARTICLES, or unwrapped SINGLE-USE ARTICLES.
(107) "RESTRICTED EGG" means any check, dirty
EGG, incubator reject, inedible, leaker, or loss as defined in 9 C.F.R.
590.
(108) "RESTRICTED USE
PESTICIDE" means a pesticide product that contains the active ingredients
specified in
40 C.F.R.
152.175 Pesticides Classified for Restricted
Use, and that is limited to use by or under the direct supervision of a
certified applicator.
(109) "RISK"
means the likelihood that an adverse health effect will occur within a
population as a result of a HAZARD in a FOOD.
(110) "SAFE MATERIAL" means:
(a) An article manufactured from or composed
of materials that might not reasonably be expected to result, directly or
indirectly, in their becoming a component or otherwise affecting the
characteristics of any FOOD;
(b) An
ADDITIVE that is used as specified in Section 409 of the Federal Food, Drug,
and Cosmetic Act; or
(c) Other
materials that are not ADDITIVES and that are used in conformity with
applicable regulations of the FDA.
(111) "SANITIZATION" means the application of
cumulative heat or chemicals on cleaned FOOD-CONTACT SURFACES that, when
evaluated for efficacy, is sufficient to yield a reduction of five logs, which
is equal to a 99.999% reduction, of representative disease microorganisms of
public health importance.
(112)
"SEALED" means free of cracks or other openings that allow the entry or passage
of moisture.
(113) "SERVICE ANIMAL"
means any dog or miniature horse, meeting the requirements in
RCW
49.60.040 that is individually trained to do
work or perform tasks for the benefit of an individual with a disability,
including a physical, sensory, psychiatric, intellectual, or other mental
disability. The work or tasks performed by the service animal must be directly
related to the individual's disability. Examples of work or tasks include, but
are not limited to, assisting individuals who are blind or have low vision with
navigation and other tasks, alerting individuals who are deaf or hard of
hearing to the presence of people or sounds, providing nonviolent protection or
rescue work, pulling a wheelchair, assisting an individual during a seizure,
alerting individuals to the presence of allergens, retrieving items such as
medicine or the telephone, providing physical support and assistance with
balance and stability to individuals with mobility disabilities, and helping
persons with psychiatric and neurological disabilities by preventing or
interrupting impulsive or destructive behaviors.
The crime deterrent effects of an animal's presence and the
provision of emotional support, well-being, comfort, or companionship do not
constitute work or tasks.
(114) "SERVICING AREA" means an operating
base location to which a MOBILE FOOD UNIT or transportation vehicle returns
regularly for such things as vehicle and EQUIPMENT cleaning, discharging liquid
or solid wastes, refilling water tanks and ice bins, and boarding
FOOD.
(115) "SEWAGE" means liquid
waste containing animal or vegetable matter in suspension or solution and may
include liquids containing chemicals in solution.
(116) "SHELLFISH CONTROL AUTHORITY" means a
state, federal, foreign, tribal, or other government entity legally responsible
for administering a program that includes certification of MOLLUSCAN SHELLFISH
harvesters and DEALERS for interstate commerce.
(117) "SHELLSTOCK" means raw, in-shell
MOL-LUSCAN SHELLFISH.
(118) "SHIGA
TOXIN-PRODUCING ESCHERICHIA COLI (STEC)" means any E.
coli capable of producing Shiga toxins (also called verocytotoxins).
STEC infections can be asymptomatic or may result in a spectrum of illness
ranging from mild nonbloody diarrhea, to hemorrhagic colitis (i.e., bloody
diarrhea), to hemolytic uremic syndrome (HUS-a type of kidney failure).
Examples include E. coli O157, E. coli O26,
and E. coli O145.
(119) "SHUCKED SHELLFISH" means MOLLUSCAN
SHELLFISH that have one or both shells removed.
(120) "SINGLE-SERVICE ARTICLES" means
TABLEWARE, carry-out UTENSILS, and other items such as bags, containers,
placemats, stirrers, straws, toothpicks, and wrappers that are designed and
constructed for one-time, one-PERSON use after which they are intended for
discard.
(121) "SINGLE-USE
ARTICLES."
(a) SINGLE-USE ARTICLES means
UTENSILS and bulk FOOD containers designed and constructed to be used once and
discarded.
(b) SINGLE-USE ARTICLES
includes items such as wax paper, butcher paper, plastic wrap, formed aluminum
FOOD containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels,
ketchup bottles, and number 10 cans which do not meet the materials,
durability, strength, and cleanability specifications under WAC
246-215-04100,
246-215-04200, and
246-215-04204 for multiuse
UTENSILS.
(122)
"SLACKING" means the process of moderating the temperature of a FOOD such as
allowing a FOOD to gradually increase from a temperature of -10°F
(-23°C) to 25°F (-4°C) in preparation for deep-fat frying or to
facilitate even heat penetration during the cooking of previously block-frozen
FOOD such as shrimp.
(123) "SMOOTH"
means:
(a) A FOOD-CONTACT SURFACE having a
surface free of pits and inclusions with a cleanability equal to or exceeding
that of (100 grit) number three stainless steel;
(b) A nonFOOD-CONTACT SURFACE of EQUIPMENT
having a surface equal to that of commercial grade hot-rolled steel free of
visible scale; and
(c) A floor,
wall, or ceiling having an even or level surface with no roughness or
projections that render it difficult to clean.
(124) "TABLEWARE" means eating, drinking, and
serving UTENSILS for table use such as flatware including forks, knives, and
spoons; hollowware including bowls, cups, serving dishes, and tumblers; and
plates.
(125) "TEMPERATURE
MEASURING DEVICE" means a thermometer, thermocouple, thermistor, or other
device that indicates the temperature of FOOD, air, or water.
(126) "TEMPORARY FOOD ESTABLISHMENT" means a
FOOD ESTABLISHMENT:
(a) Operating at a fixed
location, with a fixed menu, for not more than twenty-one consecutive days in
conjunction with a single event or celebration, such as a fair or festival;
or
(b) Operating not more than
three days a week at a fixed location, with a fixed menu, in conjunction with
an APPROVED, recurring, organized event, such as a farmers market.
(127) "TIME/TEMPERATURE CONTROL
FOR SAFETY FOOD" (TCS)(formerly "potentially hazardous food" (PHF)).
(a) TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
means a FOOD that requires time/temperature control for safety to limit
pathogenic microorganism growth or toxin formation.
(b) TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
includes:
(i) An animal FOOD that is raw or
heat-treated; a plant FOOD that is heat-treated or consists of raw seed
sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes
that are not modified in a way so that they are unable to support pathogenic
microorganism growth or toxin formation, fresh herb-in-oil mixtures, or
garlic-in-oil mixtures that are not modified in a way so that they are unable
to support pathogenic microorganism growth or toxin formation; and
(ii) Except as specified in subsection (3)(d)
of this definition, a FOOD that because of the interaction of its
AW and pH values is designated as product assessment
required (PA) in Table A or B of this definition:
Table A. Interaction of pH and
Aw for control of spores in FOOD heat-treated to destroy
vegetative cells and subsequently PACKAGED
Awvalues
|
pH: 4.6 or less
|
pH: [GREATER THAN]4.6 - 5.6
|
pH: [GREATER THAN]5.6
|
[LESS THAN EQUAL TO]0.92
|
non-TCS FOOD |
non-TCS FOOD |
non-TCS FOOD |
[GREATER THAN]0.92 - 0.95
|
non-TCS FOOD |
non-TCS FOOD |
PA |
[GREATER THAN]0.95
|
non-TCS FOOD |
PA |
PA |
Table B. Interaction of pH and
Aw for control of vegetative cells and spores in FOOD
not heat-treated or heat-treated but not PACKAGED
Awvalues
|
pH: [LESS THAN]4.2
|
pH: 4.2 - 4.6
|
pH: [GREATER THAN]4.6 - 5.0
|
pH: [GREATER THAN]5.0
|
[LESS THAN]0.88
|
non-TCS FOOD |
non-TCS FOOD |
non-TCS FOOD |
non-TCS FOOD |
0.88 - 0.90
|
non-TCS FOOD |
non-TCS FOOD |
non-TCS FOOD |
PA |
[GREATER THAN]0.90 - 0.92
|
non-TCS FOOD |
non-TCS FOOD |
PA |
PA |
[GREATER THAN]0.92
|
non-TCS FOOD |
PA |
PA |
PA |
(c) TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
does not include:
(i) An air-cooled
hard-boiled EGG with shell intact, or an EGG with shell intact that is not hard
boiled, but has been pasteurized to destroy all viable Salmonellae;
(ii) A FOOD in an unopened HERMETICALLY
SEALED CONTAINER that is commercially processed to achieve and maintain
commercial sterility under conditions of nonrefrigerated storage and
distribution;
(iii) A FOOD that
because of its pH or Aw value, or interaction of
Aw and pH values, is designated as a nonTCS FOOD in
Table A or B of this subsection;
(iv) A FOOD that is designated as product
assessment required (PA) in Table A or B of this subsection and has undergone a
product assessment showing that the growth or toxin formation of pathogenic
microorganisms that are reasonably likely to occur in that FOOD is precluded
due to:
(A) Intrinsic factors including added
or natural characteristics of the FOOD such as preservatives, antimicrobials,
humectants, acidulants or nutrients;
(B) Extrinsic factors including environmental
or operational factors that affect the FOOD such as packaging, modified
atmosphere such as REDUCED OXYGEN PACKAGING, shelf life and use, or temperature
range of storage and use; or
(C) A
combination of intrinsic and extrinsic factors; or
(v) A FOOD that does not support the growth
or toxic formation of pathogenic microorganisms in accordance with (c)(i)
through (iv) of this subsection even though the FOOD might contain a pathogenic
microorganism or chemical or physical contaminant at a level sufficient to
cause illness or injury.
(128) "USDA" means the United States
Department of Agriculture.
(129)
"UTENSIL" means a FOOD-contact implement or container used in the storage,
preparation, transportation, dispensing, sale, or service of FOOD, such as
KITCHEN-WARE or TABLEWARE that is multiuse, SINGLE-SERVICE, or SINGLE-USE;
gloves used in contact with FOOD; temperature sensing probes of FOOD
TEMPERATURE MEASURING DEVICES; and probe-type price or identification tags used
in contact with FOOD.
(130)
"VARIANCE" means a written document issued by the REGULATORY AUTHORITY that
authorizes a modification or waiver of one or more requirements of this chapter
if, in the opinion of the REGULATORY AUTHORITY, a health HAZARD or nuisance
will not result from the modification or waiver.
(131) "VENDING MACHINE" means a self-service
device that, upon insertion of a coin, paper currency, token, card, or key, or
by electronic transaction or optional manual operation, dispenses unit servings
of FOOD in bulk or in PACKAGES without the necessity of replenishing the device
between each vending operation.
(132) "VENDING MACHINE LOCATION" means the
room, enclosure, space, or area where one or more VENDING MACHINES are
installed and operated and includes the storage areas and areas on the PREMISES
that are used to service and maintain the VENDING MACHINES.
(133) "WAREWASHING" means the cleaning and
SANITIZING of UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT.
(134) "WHOLE-MUSCLE, INTACT BEEF" means whole
muscle beef that is not INJECTED, MECHANICALLY TENDERIZED, reconstructed, or
scored and marinated, from which beef steaks may be cut.
Statutory Authority:
RCW
43.20.050 and
43.20.145. 13-03-109, §
246-215-01115, filed 1/17/13, effective
5/1/13.