Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-09-042.

     Title of Rule and Other Identifying Information: Chapter 16-170 WAC, Special permit to slaughter, prepare and sell whole, raw poultry.

     Hearing Location(s): Washington State Department of Agriculture, Natural Resources Building, Conference Room 259, 2nd Floor, 1111 Washington Street, Olympia, WA 98504-2560, on July 22, 2009, at 9:30 a.m.

     Date of Intended Adoption: July 28, 2009.

     Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092 by July 22, 2009, 5:00 p.m.

     Assistance for Persons with Disabilities: Contact WSDA receptionist by July 15, 2009, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 2003, the legislature established a one-year temporary special permit under RCW 69.07.103 allowing for the slaughter, preparation and sale of 1,000 or fewer whole, raw pastured chickens. The 2009 legislature expanded coverage of the special permit. The proposed rule amendments include those provisions and allow for:

     (1) Slaughter of 1,000 or fewer poultry per year (allowing for other domesticated fowl such as turkeys and ducks) for sale as whole, raw poultry;

     (2) A one or two-year special permit - permit expires on December 31;

     (3) One-year permit fee - $75; two-year permit fee - $125; and

     (4) Permit requirements patterned on the state board of health requirements for temporary food service establishments but tailored to the slaughter, preparation and sale of poultry.

     Additional amendments are proposed for clarification.

     Reasons Supporting Proposal: The 2009 legislature expanded coverage under RCW 69.07.103 (SSB 5350) which directs the department to adopt requirements for special permits. Because of the legislative changes, the department must amend its rules for the special permit to slaughter, prepare and sell whole, raw chicken to comply with SSB 5350. The changes become effective July 26, 2009.

     Statutory Authority for Adoption: Chapter 69.07 RCW.

     Statute Being Implemented: RCW 69.07.103.

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

     Name of Proponent: Washington state department of agriculture, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Claudia Coles, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1905.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 19.85 RCW does not apply to the adoption of a rule(s) described in RCW 34.05.310 (4)(e).

     A cost-benefit analysis is not required under RCW 34.05.328. The department of agriculture is not a named agency in RCW 34.05.328 (5)(a)(i).

June 17, 2009

Jerry Buendel

Assistant Director

OTS-2492.2

     (1) Issuance of special ((temporary)) permits regulating the slaughter, preparation and sale of one thousand or fewer whole raw ((pastured chickens)) poultry in a calendar year by the agricultural producer ((of those chickens)) when the ((chickens)) poultry are sold directly to the ultimate consumer at the producer's farm.

     (2) Conditions under which ((the pastured chickens)) poultry identified in this ((section)) chapter are slaughtered, prepared and sold that are generally patterned after those established by the state board of health for temporary food service establishments under chapter 246-215 WAC but are tailored to poultry slaughter, preparation, and sale activities.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-010, filed 4/5/04, effective 5/6/04.]

     (2) For the purposes of this chapter, the following definitions apply:

     "Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practices.

     "Agricultural producer" means a person or persons who raise ((pastured chickens)) poultry and who slaughter and sell one thousand or fewer ((of the chickens)) whole raw poultry from their farm directly to the ultimate consumer.

     "Authorized person" means a person or persons who work with the agricultural producer in the preparation and slaughter of ((pastured chickens)) poultry under this chapter.

     (("Chicken" means the species Gallus domesticus.))

     "Department" means the Washington state department of agriculture (WSDA).

     "Director" means the director of the WSDA.

     (("Pastured chicken" means a chicken that has lived on pasture, range, or ground covered with vegetation that is suitable for grazing, during at least half the life span of the animal.))

     "Potable water" means water that is((:

     (a) Safe and sanitary;

     (b) Free from coliform; and

     (c) From an approved and monitored source)) in compliance with chapter 16-165 WAC and with the Washington state department of health's drinking water quality standards in chapters 246-290 and 246-291 WAC.

     "Poultry" means domesticated fowl that is valued for its meat or eggs such as chickens, turkeys, ducks or geese.

     "Sanitize" means to adequately treat ((chicken)) poultry slaughtering, preparation and sale surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, and in substantially reducing numbers of other undesirable microorganisms, but without adversely affecting the whole raw ((chicken)) poultry or its safety for the consumer.

     "((Temporary)) Special permit" means a permit to slaughter ((chickens covered by this chapter, which is valid for the calendar year for which it is)) poultry issued under RCW 69.07.103. The permit expires on December 31st and is issued for either one or two years as requested by the permit applicant.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-020, filed 4/5/04, effective 5/6/04.]

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-030, filed 4/5/04, effective 5/6/04.]

     Writing to:

     Washington State Department of Agriculture

     Food Safety Program

     P.O. Box 42560

     Olympia, WA 98504-2560; or

     Calling 360-902-1876; or

     Faxing to 360-902-2087; or

     Accessing web site http://agr.wa.gov.

     (2) The department must receive ((your)) the completed special permit application packet along with check or money order for ((seventy-five dollars)) the permit fee at least six weeks ((before you plan to)) prior to the planned slaughter ((chickens)) of poultry. In accordance with RCW 69.07.103(4), the fee for the special permit is seventy-five dollars for one year, or one hundred twenty-five dollars for two years.

     ((Your)) (3) The special permit application packet must include:

     (a) A completed application form;

     (b) A diagram of ((your)) the slaughter/preparation site;

     (c) A description of ((your)) the processing steps or a process flow diagram;

     (d) The proposed days or dates of slaughter for the current year;

     (e) A description of ((your)) the rinse water and offal disposal procedures; and

     (f) Documentation verifying that the water ((you use)) used at ((your)) the slaughter/preparation site complies with the requirements in WAC 16-170-155. If the well, spring or other private water supply, the water must have a passing bacterial test conducted within sixty days of submitting the application to the department. A copy of the test results must be attached to the special permit application.

     (((3))) (4) Once WSDA receives ((your)) the special permit application, ((you)) the applicant will be contacted ((for)) to schedule an on-site inspection. The inspection must occur before ((your)) the special ((temporary)) permit can be further processed or issued.

     (((4))) (5) Once received, ((your)) the special permit must be prominently and conspicuously posted at ((your)) the slaughter ((facility)) site so ((your)) customers ((can)) are able to see it.

     (((5) You are prohibited from)) (6) Slaughtering, preparing and selling ((chickens)) poultry regulated by this chapter ((until you receive your)) is prohibited prior to receipt of the special ((temporary)) permit.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-035, filed 4/5/04, effective 5/6/04.]

     (1) The proposed second year days or dates of slaughter; and

     (2) If the site utilized a well, spring or other private water supply, a copy of a passing bacterial test conducted within sixty days prior to submitting the second year slaughter dates to the department.

[]

     (2) ((Everything)) All items illustrated on ((your)) the site diagram under subsection (1) of this section must be clearly labeled.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-037, filed 4/5/04, effective 5/6/04.]

     (2) If the special permit holder was issued a two-year special permit and must reapply for a permit under this section, the department will apply fifty dollars of the two-year permit fee towards the new permit application fee.

[]

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-050, filed 4/5/04, effective 5/6/04.]

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-060, filed 4/5/04, effective 5/6/04.]

     (1) Be constructed or assembled to minimize insects, pests, birds, dust, mud and overhead contamination;

     (2) Include adequate lighting to illuminate the areas where ((chickens)) poultry are slaughtered, prepared and sold;

     (3) Have an adequate handwashing station;

     (4) Be readily accessible to a toilet facility;

     (5) Include potable running water;

     (6) Include a means of safely disposing of rinse water and offal; and

     (7) Means of properly cooling slaughtered ((chickens)) poultry unless the customer takes possession within four hours.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-070, filed 4/5/04, effective 5/6/04.]

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-075, filed 4/5/04, effective 5/6/04.]

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-080, filed 4/5/04, effective 5/6/04.]

     (2) Any authorized person infected with a communicable disease, has open sores or infected cuts on hands, is vomiting or has diarrhea is prohibited from working in ((your)) the poultry slaughter site.

     (3) Authorized persons are prohibited from smoking, eating or drinking while in ((your)) the poultry slaughter site.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-090, filed 4/5/04, effective 5/6/04.]

     (((a))) (1) Wear clean and adequate clothing.

     "Clean and adequate" means that the clothing must be:

     (((i))) (a) Clean at the start of the slaughter-preparation-sale process; and

     (((ii))) (b) Changed when the clothing becomes soiled when contamination of the raw whole ((chicken)) poultry, any process work surface, the equipment used to chill slaughtered ((chickens)) poultry or the bags used to transport ((chickens)) poultry that are sold becomes imminent; and

     (((iii))) (c) Suitable to the specific part of the process (slaughter, preparation or sale) ((in which you are engaged)).

     (((b))) (2) Remove hand jewelry that cannot be adequately sanitized during periods when carcasses are handled by hand. If such hand jewelry cannot be removed, impermeable or disposable gloves must be worn.

     (((c))) (3) Maintain gloves, if they are used in processing, in an intact, clean, and sanitary condition. The gloves should be of an impermeable material.

     (((2))) (4) Clean and effective hair restraints, such as hairnets or beard nets are not required, but hats, caps, scarves or other head covers are recommended to prevent contamination of the whole raw ((chickens)) poultry being slaughtered, prepared and sold.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-100, filed 4/5/04, effective 5/6/04.]

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-110, filed 4/5/04, effective 5/6/04.]

     (a) Product name;

     (b) Chemical description;

     (c) Directions for use;

     (d) Any required precautionary and warning statements;

     (e) First-aid instructions;

     (f) Name and address of the manufacturer or distributor; and

     (g) Any other information required by the U.S. Environmental Protection Agency or other laws or rules.

     (2) ((You can store)) Small "transport" or "use" containers containing detergents, sanitizers or other materials may be stored in ((your)) the slaughter site but only under the following conditions:

     (a) The contents must be properly identified on the container. Labeling the container with the common name is acceptable if the original commercially purchased storage container is on hand and properly identified.

     (b) Food containers must not be used as containers for detergents, sanitizers or toxic materials.

     (c) Containers used for detergents, sanitizers or other materials must not be used as food containers.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-115, filed 4/5/04, effective 5/6/04.]

     (a) Before ((you begin)) the poultry slaughtering process begins;

     (b) Between the slaughtering and preparation steps in the process;

     (c) Between the poultry preparation and sale steps in the process;

     (d) After each absence from the poultry slaughter ((facility)) site; and

     (e) Any time ((your)) hands become contaminated.

     (2) "Adequately washing ((your)) hands" means thoroughly washing ((your)) hands to prevent contaminating ((your)) the slaughtered ((chickens)) poultry. Adequate handwashing methods consist of:

     (a) Applying soap to ((your)) hands;

     (b) Using warm water;

     (c) Scrubbing your hands thoroughly; and

     (d) Using methods to rinse and dry ((your)) hands that prevent contamination.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-120, filed 4/5/04, effective 5/6/04.]

     (2) Handwashing stations must be conveniently located in ((your)) the poultry slaughter site and near ((your)) toilet facilities.

     (3) If handwashing stations are not conveniently located in ((your)) the poultry slaughter site and near ((your)) toilet facilities, five-gallon insulated containers with continuous flow spigots filled with warm water between one hundred and one hundred and twenty degrees Fahrenheit with pump type liquid soap, paper towels and five-gallon buckets to catch rinse water are required on-site and near ((your)) the toilet facilities.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-125, filed 4/5/04, effective 5/6/04.]

     (((3))) (2) "Properly maintained" means sanitizing solutions are:

     (a) Checked and recharged to a strength equal to 100 PPM chlorine or 25 PPM iodine; and

     (b) Changed every four hours while in use.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-130, filed 4/5/04, effective 5/6/04.]

     (2) A domestic toilet is sufficient if ((your)) the poultry slaughter operation is a family operation where only family members are employed. However, if ((you have)) the operation has employees, ((you must provide)) toilet facilities must be provided at ((your)) the slaughtering site or ((allow your)) employees must be allowed to use ((your)) the domestic toilet.

     (3) Portable chemical toilets may be used at the poultry slaughter site if they are conveniently located with a self-closing door, screened to exclude insects, and properly maintained.

     (4) All nondomestic toilet areas must be kept clean, free of trash and litter, and in good repair. All doors used to enter the nondomestic toilet area must be self-closing and must not open directly into ((your)) the poultry slaughter site.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-135, filed 4/5/04, effective 5/6/04.]

     (1) Offal and rinse water the site generates are readily and safely removed; and

     (2) Offal and rinse water do not create an unsanitary condition or contaminate:

     (a) The raw whole ((chickens that you slaughter)) poultry;

     (b) Any potable water stored and used at ((your)) the slaughter site;

     (c) Any product contact surfaces at ((your)) the slaughter site; or

     (d) Any bags used to package raw whole ((chickens)) poultry sold to ((your)) the ultimate consumers.

     (3) ((Your)) The rinse water disposal system must not allow any backflow from or cross connection between the piping that discharges rinse water and the piping that carries potable water to the ((chicken)) poultry slaughter area.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-140, filed 4/5/04, effective 5/6/04.]

     (2) All utensils used to slaughter and prepare ((chickens)) poultry, such as knives, scrapers, scoops, shovels, cutters, and other hand tools and equipment, must be placed or stored to prevent contact surfaces from being contaminated.

     (3) Contaminated equipment and utensils must be cleaned and sanitized before they are used again.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-145, filed 4/5/04, effective 5/6/04.]

     (2) Residues and contaminants must frequently be removed from all slaughter and preparation contact surfaces to prevent the residues from becoming:

     (a) Unwholesome or unfit for the raw whole ((chicken)) poultry carcass;

     (b) Decomposed, filthy, or putrid; or

     (c) Injurious to public health.

     (3) All poultry slaughter and preparation contact surfaces must be sanitized:

     (a) Before they are used; and

     (b) After they are cleaned.

     (4) ((You must keep)) A separate bucket of sanitizer must be kept in ((your)) the poultry slaughter site for rinsing/storing the wipe down cloths used to sanitize all slaughter equipment and slaughter/preparation contact surfaces. The sanitizing solution in the bucket should be at a minimum 100 ppm (mg/L) for chlorine solution or 50 ppm (mg/L) for iodine solution.

     (5) Any noncarcass contact surfaces of equipment used in the slaughter of ((chickens)) poultry must be kept reasonably free of dirt, old slaughter/preparation residues, foreign material, dust, mold, mildew, slime and other accumulations that occur as a result of the slaughter/preparation operation.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-150, filed 4/5/04, effective 5/6/04.]

     (2) Processors that operate from single-family residences on private water supplies need only meet bacteriological testing requirements. Optionally, potable water may be hauled onto the poultry slaughter site for use by the processor as long as the transport vehicle and water are of safe and sanitary quality.

     (3) Water used from a private water system for the slaughter, preparation or sale of poultry must be sampled and tested at least annually. Copies of ((your)) water test reports must be on file at ((your)) the farm and available for review by WSDA during routine slaughter site inspections.

     (4) Any ice ((you manufacture)) manufactured on ((your)) the farm for use in ((your)) the poultry slaughter process must be manufactured from potable water.

     (5) All ice used at the poultry slaughter site that ((you do)) is not ((manufacture)) manufactured on the farm must be from an approved source.

     (6) All ice ((that you use)) used at ((your chicken)) the poultry slaughter site must be properly handled and stored to protect against contamination.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-155, filed 4/5/04, effective 5/6/04.]

     (2) Methods of properly handling and storing ((your)) bags at ((your)) the poultry slaughter site include, but are not limited to:

     (a) All bags must be stored off of the floor or any other unsanitary surfaces.

     (b) All bags must be stored in closed boxes or cartons before they are used.

     (c) Bags must be removed from the closed box or carton in a way that prevents contamination.

     (d) When a slaughtered whole ((chicken)) poultry is inserted into a bag, the bag must be handled so it and the ((chicken are)) poultry is not exposed to contamination by dust, foreign material or other contaminants.

     (e) Any bag dropped on the floor or some other unsanitary surface must not be used.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-170, filed 4/5/04, effective 5/6/04.]

     (2) Chilling poultry may be accomplished through the use of mechanical refrigeration, an ice chest using ice from an approved source (see WAC 16-170-155), or by being immersed in cold running water.

     (3) A temperature control (TC) must be used to monitor slaughter cool down temperature by inserting a calibrated thermometer into the thickest portion of the first slaughtered poultry carcass and monitoring the temperature to ensure proper chilling at or below forty-five degrees Fahrenheit within four hours of slaughter.

     (4)(a) Slaughtered ((chickens)) poultry can be stored for up to forty-eight hours before they are sold.

     (b) During their storage period, ((chicken)) poultry carcass temperatures must be kept at or less than forty-five degrees Fahrenheit by mechanical refrigeration equipped with a thermometer or by maintaining the carcasses in a properly designed storage container with the use of a temperature control (TC) as outlined in subsection (3) of this section.

     (5) All chilled and/or stored ((chicken)) poultry carcasses must be protected from physical, chemical, microbial contamination and deterioration.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-175, filed 4/5/04, effective 5/6/04.]

     (a) ((Your chicken)) A record of the poultry slaughter dates;

     (b) The number of ((chickens)) poultry by species slaughtered on each slaughter date and the cumulative total of ((chickens)) poultry by species slaughtered;

     (c) The temperature control log monitoring proper ((chicken)) poultry slaughter cool down and storage; and

     (d) The water testing records if required by WAC 16-170-155.

     (2) All records required under subsection (1) of this section must be:

     (a) Maintained so that the information they intend to convey is clear and understandable.

     (((3) All records must be)) (b) Available at ((your)) the farm and available to department inspectors upon request.

     (((4) All records must be)) (c) Retained at the farm for six months after the expiration of the special permit.

[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-180, filed 4/5/04, effective 5/6/04.]

     The following section of the Washington Administrative Code is repealed:

WAC 16-170-040

How long is my temporary special permit valid?

© Washington State Code Reviser's Office