Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Local Government Committee

HB 2777

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning the operation, authorization, and permitting of microenterprise home kitchens.

Sponsors: Representatives Frame, Peterson, Macri, Gregerson, Hudgins, Ramel, Fitzgibbon, Riccelli, J. Johnson, Senn, Doglio, Davis, Pettigrew, Pollet and Slatter.

Brief Summary of Bill

  • Authorizes microenterprise home kitchen operations and creates regulations and licensing standards for such ventures.

Hearing Date: 2/4/20

Staff: Robbi Kesler (786-7153).

Background:

The Washington State Board of Health (Board) establishes minimum standards for the prevention and control of food borne illnesses. Local jurisdictions may adopt more stringent standards. The Board's rules direct food service establishments in the areas of food supplies, food protection, public health labeling, food preparation, temperature control, personal hygiene, garbage and litter, sanitary equipment, and pest control. The Board considers the most recent

version of the United States Food and Drug Administration's (FDA) Food Code when adopting rules for food service.

Summary of Bill:

"Microenterprise home kitchen operation" (MHKO) means a food facility that is operated by a person in the person's primary domestic residence where food is stored, handled, prepared for, and may be served to, consumers. A MHKO may:

Restrictions on MHKO include:

Additional requirements that may be required for a MHKO include inspections, sanitary procedures, facility, equipment, utensil requirements, labeling procedures, requirements for clean water sources and waste and wastewater disposal, and requirements for washing and other hygienic practices. MHKO are exempt from a number of provisions in the food services code and modified requirements are provided.

A MHKO must obtain a permit from the local health board, and may be required to be renewed annually. The application must include the MHKO's standard operating procedures such as food types that will be prepared, handling procedures, cleaning plans, refuse disposal processes, food storage, and days and times the MHKO may be operated.

The application must be accompanied by an inspection fee. The MHKO must be inspected before initial permitting and may be inspected up to once per year after the initial permitting and at any time in response to a foodborne outbreak or other public health emergency. The inspection must document the findings and those findings must be kept by the local health board. The inspection protocol includes basic standards the MHKO must follow while preparing, handling, or storing food in the MHKO.

A MHKO operating without a valid permit and any MHKO operating in violation of any of the requirements may be issued a warning, be placed on probation, be fined, or have their permit suspended or revoked.

Appropriation: None.

Fiscal Note: Requested on January 27, 2020.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.