WSR 97-24-073

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed December 2, 1997, 1:22 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-16-009.

Title of Rule: Approved independent sanitation consultants for food storage warehouses.

Purpose: This rule establishes minimum qualifications, application approval procedures, list maintenance and reporting requirements for independent sanitation consultants.

Statutory Authority for Adoption: RCW 69.10.055.

Statute Being Implemented: Chapter 69.10 RCW.

Summary: Rule establishes minimum qualifications, application procedures, listing and maintenance of listing, items necessary to be covered by inspection and reporting, notification and appeals for independent sanitation consultants for food storage warehouses.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Verne Hedlund, 1111 Washington Street, Olympia, WA 98504, (360) 902-1860.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this amendment is to clarify the language in former rule, require independent sanitation consultants to reapply every other year so that list of approved independent sanitation consultants remains current and to clarify minimum inspectional coverage and reporting by sanitation consultants.

Proposal Changes the Following Existing Rules: The changes made in this rule clarify the language, application procedures, require returning request to remain on approved list, clarify appeal procedures and add clarification for minimum inspection coverage and reporting requirements.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule doesn't have any negative economic impact on small business. It provides opportunities for small business and individuals that are qualified to provide and inspection service to food storage warehouses thereby exempting them from licensing with the department.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Washington State Department of Agriculture, 1111 Washington Street, Room 259, Olympia, WA 98504-2560, on January 7, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Julie Carlson by December 30, 1997, TDD (360) 902-1996, or (360) 902-1880.

Submit Written Comments to: Verne E. Hedlund, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, FAX (360) 902-2087, by January 7, 1998.

Date of Intended Adoption: January 21, 1998.

December 2, 1997

Dr. Candace A. Jacobs

Assistant Director

AMENDATORY SECTION (Amending Order 5093, filed 4/10/96, effective 5/11/96 WAC 16-168-010 Independent sanitation consultants--What is the purpose of ((this)) these rules? ((These rules set minimum qualifications for independent sanitation consultants for food storage warehouses.)) The purpose of WAC 16-168-010 through 16-168-090 is to establish minimum qualifications, application approval procedures, list maintenance and reporting requirements for independent sanitation consultants.

[Statutory Authority: RCW 69.10.055. 96-09-037 (Order 5093), 16-168-010, filed 4/10/96, effective 5/11/96.]

AMENDATORY SECTION (Amending Order 5093, filed 4/10/96, effective 5/11/96 WAC 16-168-020 Independent sanitation consultants--Where does the department get authority to establish these rules? The department is given authority under RCW 69.10.055 for promulgating these rules.

[Statutory Authority: RCW 69.10.055. 96-09-037 (Order 5093), 16-168-020, filed 4/10/96, effective 5/11/96.]

AMENDATORY SECTION (Amending Order 5093, filed 4/10/96, effective 5/11/96 WAC 16-168-030 Independent sanitation consultants--Where can I find the definitions for terms used in this rule? (((1) Chapter 69.10 RCW.

(2) Chapter 69.04 RCW.)) The definitions for terms used in this chapter may be found in chapters 69.04 and 69.10 RCW and WAC 16-167-050 (2)(k). For the purposes of this chapter, the term "we" means department as defined in chapter 69.10 RCW.

[Statutory Authority: RCW 69.10.055. 96-09-037 (Order 5093), 16-168-030, filed 4/10/96, effective 5/11/96.]

AMENDATORY SECTION (Amending Order 5093, filed 4/10/96, effective 5/11/96 WAC 16-168-040 How is independent sanitation consultant ((for food storage warehouses)) defined in RCW 69.10.005(5)? The definition for independent sanitation consultants found in RCW 69.10.005(5) states: "Independent sanitation consultant" means an individual, partnership, cooperative, or corporation that by reason of education, certification, and experience has satisfactorily demonstrated expertise in food and dairy sanitation and is approved by the director to advise on such areas including, but not limited to: Principles of cleaning and sanitizing food processing plants and equipment; rodent, insect, bird, and other pest control; principals [principles] of hazard analysis critical control point; basic food product labeling; principles of proper food storage and protection; proper personnel work practices and attire; sanitary design, construction, and installation of food plant facilities, equipment, and utensils; and other pertinent food safety issues."

[Statutory Authority: RCW 69.10.055. 96-09-037 (Order 5093), 16-168-040, filed 4/10/96, effective 5/11/96.]

NOTES:

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 5093, filed 4/10/96, effective 5/11/96 WAC 16-168-050 What are the minimum qualifications for an ((approved)) independent sanitation consultant ((for warehouses))? The minimum qualifications for an independent sanitation consultant are:

Education and experience:

(1) A bachelor's degree in biology, chemistry, microbiology, food science, dairy science or a related natural science plus three years experience inspecting food storage warehouses or similar operations for compliance with the Current Good Manufacturing Regulations, 21 CFR part 110 (GMPs); or

(2) Three years of college completed with study in the above subjects plus five years experience inspecting food storage warehouses or similar operations for compliance with the GMPs; or

(3) Two years of college completed with study in the above subjects plus seven years experience inspecting food storage warehouses or similar operations for compliance with the GMPs; or

(4) Eight years experience inspecting food storage warehouses or similar operations for compliance with the GMPs plus verifiable training in pest control, cleaning practices, food storage warehouse inspection or application of the GMPs.

[Statutory Authority: RCW 69.10.055. 96-09-037 (Order 5093), 16-168-050, filed 4/10/96, effective 5/11/96.]

AMENDATORY SECTION (Amending Order 5093, filed 4/10/96, effective 5/11/96 WAC 16-168-060 How do I apply for approval as an independent sanitation consultant? The steps in applying for approval as an independent sanitation consultant are:

(1) Obtain an application from the department.

(2) Complete the application, listing your qualifications.

(3) Each applicant must sign the application and have ((their)) his/her signature notarized.

(4) Return the application to the address ((listed)) on the application.

[Statutory Authority: RCW 69.10.055. 96-09-037 (Order 5093), 16-168-060, filed 4/10/96, effective 5/11/96.]

AMENDATORY SECTION (Amending Order 5093, filed 4/10/96, effective 5/11/96 WAC 16-168-070 How will I know if my application for independent sanitation consultant was approved? ((If you are successful, you will receive a card identifying you as an approved independent sanitation consultant for food storage warehouses. Your name will also appear on a list of approved independent sanitation consultants for food storage warehouses available on request from the department.

The department will notify applicants who don't meet minimum qualifications or who submit incomplete applications within twenty-one working days in writing.)) On approval of your application for independent sanitation consultant, we will send you an identification card and place your name on a list of approved independent sanitation consultants that is available on request from the department.

If we are not able to approve your application for independent sanitation consultant, we will notify you and tell you why within twenty-five working days after receiving the application.

[Statutory Authority: RCW 69.10.055. 96-09-037 (Order 5093), 16-168-070, filed 4/10/96, effective 5/11/96.]

NEW SECTION

WAC 16-168-075 How long will I stay on the list of independent sanitation consultants? Your name will stay on the list of approved independent sanitation consultants as long as you continue to indicate that you wish to remain on the list. The department will mail out information requests by April 1 of each even-numbered year to all approved independent sanitation consultants.

If you want to remain on the list, fill out the request with your current information, indicate that you want to remain on the list and return it to the department no later than May 1.

If you do not want to remain on the list, you can return the request indicating you no longer wish to be listed as an approved independent sanitation consultant by May 1. If you do not return the request your name will also be removed from the list.

It is the responsibility of the independent sanitation consultants to notify the department of address changes. If we are unable to locate you at the address or telephone number listed with us, we will remove your name from the list.

Your name will return to the list upon receipt of your request and new information.

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AMENDATORY SECTION (Amending Order 5093, filed 4/10/96, effective 5/11/96 WAC 16-168-080 What would cause the department to deny or withdraw approval of my application for approved independent sanitation consultant? The department may withdraw or deny approval ((to)) of independent sanitation consultants or applicants under the following circumstances:

(1) For failing to meet the minimum qualifications in WAC 16-168-050.

(2) For knowingly making false or inaccurate statements regarding qualifications on an application.

(((2))) (3) For failing to accurately report violative conditions present in food storage warehouse at the time of inspection.

(((3))) (4) For knowingly making or acquiescing in false or inaccurate statements on inspection reports as to the date of the inspection, findings, corrective actions taken, or any other statement material to the compliance status of a warehouse.

[Statutory Authority: RCW 69.10.055. 96-09-037 (Order 5093), 16-168-080, filed 4/10/96, effective 5/11/96.]

AMENDATORY SECTION (Amending Order 5093, filed 4/10/96, effective 5/11/96 WAC 16-168-090 Do I have a right to appeal denial of my application or withdrawal of my approved status as an independent sanitation consultant? Yes, you have ((rights of appeal within twenty days of notice of such action under chapter 34.05 RCW, the Administrative Procedure Act)) a right to appeal denial of approval or withdrawal of approval as an independent sanitation consultant under provisions of chapter 34.05 RCW, the Administrative Procedure Act and chapter 16-08 WAC, the department's practice and procedure rules.

[Statutory Authority: RCW 69.10.055. 96-09-037 (Order 5093), 16-168-090, filed 4/10/96, effective 5/11/96.]

AMENDATORY SECTION (Amending Order 5093, filed 4/10/96, effective 5/11/96 WAC 16-168-100 What are the reporting requirements for food storage warehouse inspections made by independent sanitation consultants ((for food storage warehouses))? ((Reporting must be adequate to reflect the level of compliance with the GMPs.)) You can meet reporting requirements for independent sanitation consultants by using a standard food storage warehouse inspection form provided by the department or by using your own form if it covers and indicates visual inspection of at least the following points:

storage conditions

1. Are incoming lots examined visually for damage or contamination prior to placement in storage?

2. Are food products stored off the floor and away from walls?

3. Does firm maintain a morgue area for damaged and returned goods, sufficiently away from main storage area?

4. Are morgue items disposed of in a proper and timely manner to prevent a source of pest breeding and harborage?

5. Are fertilizers, toxic chemicals, and other potential adulterants adequately separated from human food storage areas?

6. Are rodenticides and insecticides properly used and stored?

7. Are refrigerated storage and frozen storage maintained at proper temperatures, 45 degrees or less?

8. Are cold storage units equipped with suitable thermometers?

9. Is storage area free of evidence of current insect, rodent, bird, etc., activity?

building and grounds

1. Are outside premises free from spillage, trash, etc., which may attract or harbor rodents or other pests?

2. Is adequate drainage provided to avoid contamination of facilities and products?

3. Is the building of suitable construction and generally in good physical repair?

4. Are floors, walls and ceilings constructed of easily cleanable materials and kept clean?

5. Are doors, windows and other openings protected to eliminate entry by insects, rodents and other pests? Are open windows screened and are loading doors kept closed when not in use?

6. Is interior lighting sufficient to allow adequate inspection and cleaning of premises?

7. Are food products and processing areas protected against contamination from breakage of light bulbs and other glass fixtures?

8. Does firm have a scheduled cleaning and pest control program, including at least weekly inspection by qualified employees?

sanitary operations

1. Is cleaning of facilities done in such a manner as to avoid contamination of food products?

2. Are detergents, sanitizers, hazardous materials and other supplies used in a safe and effective manner?

3. Are cleaning compounds and hazardous materials kept in original containers, stored separate from food products?

4. Is all refuse properly stored and protected where necessary from insects, rodents and other pests and disposed of in an adequate manner?

toilets, dressing rooms and employees

1. Are toilets and dressing rooms in good repair, clean, properly ventilated and adequately separated from storage areas?

2. Are handwashing facilities clean and supplied with soap, hot water and sanitary towels?