BP BHEAD INT S

AN ACT Relating to food sanitation and safety; amending RCW 69.06.010; 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:

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.

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 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 limited duty permit is valid only within the jurisdiction of the local health officer where issued.

NEW SECTION. Sec. 4. A new section is added to chapter 69.06 RCW to read as follows:

(1) Beginning July 1, 1997, 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. Food service establishments that only reheat, cold hold, or hot hold completely cooked potentially hazardous foods prepared in any food processing establishment under jurisdiction of the United States department of agriculture or the food and drug administration are exempt from this requirement. Institutional food service operations 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. 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. Retail food safety manager certification is valid for three years from the date of issuance, unless revoked by the state department of health.

(2) The state department of health, in consultation with representatives of local health departments, the retail food service industry, and other interested parties, shall develop food safety manager training and certification program criteria, which shall include 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; and factors affecting microbial growth and critical control point concepts.

The minimum number of equivalent training hours in a food safety manager training and certification program shall be no less than ten hours with a minimum of seven hours of class contact time. Successful completion of the course 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, public school districts, community colleges, independent educators, or others.

(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) The state department of health shall issue a food safety manager certificate, mailed to the applicant. The state department of health shall issue replacement certificates, upon request, to certified food safety managers.

(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 minimum class contact time for a recertification course shall be no less than four hours. 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 revoked by the state department of health.

(7) The state department of health may, after providing opportunity for hearing, revoke a food service manager certificate for numerous critical item violations, 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. 5. A new section is added to chapter 43.70 RCW to read as follows:

The department may charge a fee sufficient to cover the costs of developing materials and implementing those activities set forth in section 4 of this act.