H-3544.1  _______________________________________________

                          HOUSE BILL 2596

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Linville, Schoesler, Grant and Roach

Read first time 01/22/2002.  Referred to Committee on Agriculture & Ecology.

Requiring exclusive statewide food service rules for retail food facilities.

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

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

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 retail food facilities 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 July 1, 2004, the state board of health has the sole rule-making authority to adopt food service rules for retail food facilities, and the standards and rules adopted by and interpretations of the state board of health shall be exclusive for food service at retail food facilities.  After June 30, 2004, 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.  The state board of health shall review the local emergency administrative action within sixty days after the action is taken to determine if the state board of health should adopt a statewide rule under the administrative procedure act, chapter 34.05 RCW.

    (4) By December 1, 2003, the state board of health shall adopt updated food service rules.  Periodically after July 1, 2004, the state board of health shall review and update the rules in consultation with local boards of health and the regulated community.

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