5336-S

AN ACT Relating to food sanitation and safety; amending RCW 69.06.010 and 69.06.020; adding new sections to chapter 69.06 RCW; adding a new section to chapter 43.70 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. In honor of the child victims of E. coli 0157:H7, the legislature finds that measures to promote the results of food safety research and proper food protection practices and to educate the food industry and the public about food safety may contribute to a reduction in the number of cases of foodborne illness that occur each year in the state of Washington.

The purpose of this act is to: (1) Increase the frequency that food workers must demonstrate a knowledge of food safety principles; (2) authorize the issuance of special food worker permits to the learning disabled for limited activities; (3) develop food safety certification programs for food service managers; and (4) authorize the collection of fees to support the food safety manager certification program.

Sec. 2. RCW 69.06.010 and 1987 c 223 s 5 are each amended to read as follows:

(1) It shall be unlawful for any person to be employed in the handling of unwrapped or unpackaged food unless he or she shall furnish and place on file with the person in charge of such establishment, a food and beverage service worker's permit, as prescribed by the state board of health. Such permit shall be kept on file by the employer or kept by the employee on his or her person and open for inspection at all reasonable hours by authorized public health officials. Such permit shall be returned to the employee upon termination of employment. Initial permits shall be valid for two years from the date of issuance. Subsequent renewal permits shall be valid for ((~~five~~)) three years from the date of issuance.

(2) It shall be unlawful for any person to be employed as a certified food safety manager unless he or she furnishes and places on file with the person in charge of such establishments, a certified food safety manager certificate. The certification shall be granted to those individuals who have successfully completed a training and examination program, approved by the state department of health, that imparts and tests knowledge of the nature, prevention, and control of foodborne disease transmission and of methods for identifying and monitoring critical control points for safeguarding the production, processing, preparation, and serving of food. Such proof of certification shall be kept on file by the employer or kept by the employee on his or her person and open for inspection at all reasonable hours by authorized public health officials. Retail food safety manager certification is valid for three years from the date of issuance, unless suspended or revoked by the state department of health or the local health officer.

NEW SECTION. Sec. 3. A new section is added to chapter 69.06 RCW to read as follows:

A person who is unable to pass the required examination for a food and beverage service worker's permit because of a learning or cognitive disability may apply for a limited-duty food and beverage worker's permit, issued by the local health officer. The permit shall prescribe conditions for employment in the food and beverage industry, which shall include only those activities having low public health risk. The state board of health shall determine specific activities for which a limited duty permit can be issued.

Sec. 4. RCW 69.06.020 and 1987 c 223 s 6 are each amended to read as follows:

The permit provided in RCW 69.06.010 shall be valid in every city, town and county in the state, for the period for which it is issued, and no other health certificate shall be required of such employees by any municipal corporation or political subdivision of the state, except certified food safety managers as prescribed in section 5 of this act or the limited duty permit as prescribed in section 3 of this act. The cost of the permit shall be uniform throughout the state and shall be in that amount set by the state board of health. The cost of the permit shall reflect actual costs of food worker training and education, administration of the program, and testing of applicants. The state board of health shall periodically review the costs associated with the permit program and adjust the fee accordingly. The board shall also ensure that the fee is not set at an amount that would prohibit low-income persons from obtaining permits.

NEW SECTION. Sec. 5. A new section is added to chapter 69.06 RCW to read as follows:

(1) Beginning July 1, 1998, each permanent food service establishment that prepares, cooks, cools, reheats, hot holds, or cold holds any unpackaged potentially hazardous foods shall have a food safety manager, certified by the Washington state department of health. The food safety manager shall be employed at the food service establishment at least thirty hours per week or the length of time the facility is in operation, whichever is less. The food safety manager is not required to be on-site at all times or to be present on all days of operation. Retail food stores are not required to have a food safety manager unless they have a delicatessen, a salad bar, a cafe, or a restaurant as part of their operation. Retail food stores with multiple operations in a single building under one ownership shall require only one certified food safety manager, provided he or she is responsible for food protection and safety throughout the store. Public and private schools, higher learning facilities, jails, prisons, and institutions under the regulatory jurisdiction of the department of health or the department of social and health services, such as nursing homes and child care facilities with satellite kitchens that only hot hold or cold hold or both hot hold and cold hold potentially hazardous foods may be operated with a minimum of one food safety manager for every ten satellite kitchens. Food service establishments that only reheat, cold hold, or hot hold completely cooked potentially hazardous foods prepared in any food processing establishment under the jurisdiction of the United States department of agriculture, Washington state department of agriculture, or the food and drug administration are exempt from the requirements of this section.

(2) The state board of health, in consultation with the state department of health, representatives of local health agencies, the retail food service industry, and other interested parties, shall develop rules for: (a) Food safety manager training and certification program approval, which shall include provision of content on the principles of food worker hygiene; prevention of cross-contamination; proper cooking; rapid cooling and reheating; proper temperature control; cleaning and sanitation; foodborne disease transmission prevention; factors affecting microbial growth and critical control point concepts; qualifications of program instructors; and provisions for suspension or revocation of program approval; and (b) provisions for suspension or revocation of food safety manager certificates.

Successful completion of a food safety manager certification program shall be demonstrated by passage of an approved examination that tests knowledge of food safety principles.

(3) Retail food safety manager training and certification programs must meet the approval of the state department of health. Retail food safety manager training and certification programs may be conducted by food service industry associations or corporations, local health departments, Washington State University cooperative extension, public school districts, community colleges, independent educators, or others.

The state department of health shall maintain a list of approved food safety manager training programs. In order for the programs to be listed after initial approval, the persons conducting approved training programs shall be responsible for annually notifying the department regarding any deviation from approved course content. Minor changes or alterations to the approved training programs will be reviewed by the state department of health at no additional cost. The state department of health shall perform periodic reviews of ongoing food manager training and certification programs to assure the intent of the rule is being met.

(4) The coordinator of a food safety manager training and certification course shall, upon completion of the course, forward names and mailing addresses of applicants who have successfully completed the course and passed the examination, to the state department of health.

(5) Applicants who have successfully completed the course and passed the examination shall receive a food safety manager certificate, through the course coordinator and issued by the state department of health. The state department of health or the agency's authorized representative shall issue replacement certificates, upon request, to certified food safety managers for whom successful course completion can be confirmed.

(6) A certified food safety manager may renew the certificate by taking another approved food safety manager training course or by taking an approved recertification course with an approved examination. The coordinator of the food safety manager recertification course shall, upon completion of the course, forward names and mailing addresses of applicants who have successfully completed the course and passed the recertification exam, to the state department of health. Food safety manager certificates issued through a recertification course shall be valid for three years from date of issuance, unless suspended or revoked by the state department of health or the local health jurisdiction.

(7) The state department of health or local health officer may, after providing opportunity for hearing, suspend or revoke a food service manager certificate for numerous critical item violations, or allowing repeat violations of any critical item, or for interference with the health officer in the performance of his or her duty, or for a fraudulent statement on the holder's application, or for fraudulent use of the certificate.

NEW SECTION. Sec. 6. A new section is added to chapter 43.70 RCW to read as follows:

The fee for the food safety manager certificate and the fee for the review and approval of food safety manager training programs shall be uniform throughout the state and shall be set by the state board of health. Fees to review food safety manager training programs shall reflect actual costs, including review time, recordkeeping, and program administration, but in no case shall fees exceed three hundred dollars. Existing manager certification programs that meet minimum program criteria and are in place prior to July 1, 1997, are exempt from initial program review fees. The state board of health shall periodically review the costs associated with these activities and adjust the fees accordingly.