State of Washington   57th Legislature        2002 Regular Session


By Senate Committee on Agriculture & International Trade (originally sponsored by Senators Rasmussen and Swecker)


READ FIRST TIME 02/04/2002.

Requiring exclusive statewide food service rules for food service establishments. 

    AN ACT Relating to food service rules; and adding a new section to chapter 43.20 RCW.




    NEW SECTION.  Sec. 1.  A new section is added to chapter 43.20 RCW to read as follows:

    (1) The legislature finds that the public health interest requires that there be uniform state food service rules for food service establishments to assure that food will be pure, safe, and unadulterated and to facilitate effective training of food service handlers.  The legislature also finds that the federal food and drug administration has recently developed an updated model food code to serve as a guide to states to provide protection of consumers and consistency among states with regard to food safety and food service.  In addition, the legislature finds that chapter 246-215 WAC has not been comprehensively reviewed and updated since 1992.

    (2) Effective December 31, 2004, the state board has the sole rule-making authority to adopt food service rules for food service establishments, and the standards and rules adopted by the state board shall be exclusive for food service establishments.  The department has the exclusive authority to interpret the rules.  Local health departments shall administer the state food service rules and interpretations, except as provided for in subsection (3) of this section.

    (3) This section does not prohibit a local board of health from adopting a temporary deviation from the state food service rules for a limited period of time to respond to an emergency that threatens the public health or safety of the citizens of its community.  A temporary deviation shall not be in force for more than one hundred eighty days unless the state board of health grants a further temporary or permanent extension based on demonstrated need.  The state board shall review the local emergency administrative action within one hundred twenty days after the action is taken to determine if the state board should adopt a statewide rule under the administrative procedure act, chapter 34.05 RCW.

    (4) No later than December 31, 2004, the state board shall adopt updated food service rules and periodically review and update the rules in consultation with local boards of health and the regulated community.  The state board shall report its progress to the appropriate standing committees of the senate and house of representatives by January 31, 2003.


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