BILL REQ. #:  H-3790.3 

READ FIRST TIME 02/05/14.   

     AN ACT Relating to pass-through wholesale food distributors; amending RCW 43.20.145; adding a new section to chapter 69.04 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that the availability of affordable, fresh, and nourishing foods is essential for individuals to maintain a healthy lifestyle. The legislature also finds that new methods of purchasing and delivering fresh, nourishing foods are emerging and lowering the costs of these foods. The legislature further finds that the new business models for purchasing and delivering fresh, nourishing foods are being inappropriately classified as food service establishments. Therefore, it is the intent of the legislature to establish a pass-through wholesale food distributor license for businesses that sell prepackaged foods from a food processor certified by the United States department of agriculture and deliver the food directly to consumers.

Sec. 2   RCW 43.20.145 and 2003 c 65 s 2 are each amended to read as follows:
     (1) The state board shall consider the most recent version of the United States food and drug administration's food code for the purpose of adopting rules for food service.
     (2) Pass-through wholesale food distributors that have a license from the department of agriculture under section 3 of this act are exempt from the state board's food service rules and any food service regulations adopted by local health jurisdictions.

NEW SECTION.  Sec. 3   A new section is added to chapter 69.04 RCW to read as follows:
     (1) The department shall issue a license to operate as a pass-through wholesale food distributor to any entity that:
     (a) Submits a completed application on forms approved by the department;     
     (b) Provides the department with a list of all registered vehicles owned and used by the applicant's business to deliver food;
     (c) When using food storage facilities, attests that the entity only uses food storage facilities that have been certified by the United States department of agriculture;
     (d) When using rented vehicles, attests that the operator maintains a temperature log or uses a device to monitor the temperature of the packages in real time; and
     (e) Submits the appropriate fee to the department.
     (2) The department may charge a fee not to exceed five hundred dollars per license to defray the costs of administering the licensing program created by this section.
     (3) A licensed pass-through wholesale food distributor shall protect food from contamination while in storage or transport. Food must be stored and transported under conditions that protect food against physical, chemical, and microbial contamination, as well as against deterioration of the food and its container. This includes, but is not limited to, the storing of raw materials in such a fashion that they avoid cross-contamination of finished food products, particularly ready-to-eat food. For example, the storage of raw fish and seafood, meat, poultry, and other food which inherently contains pathogenic and spoilage microorganisms, as well as soil and other foreign material, must not come into direct contact with other food in the same container or in any other cross-contaminating circumstance with finished food products.
     (4) In the event of a food recall, a licensed pass-through wholesale food distributor shall use its client listserv to notify customers of the recall and any other relevant information.
     (5) The department shall:
     (a) Establish procedures to verify the registration of any delivery vehicles or certification of food storage facilities by the United States department of agriculture;
     (b) Provide for annual inspections of vehicles owned by the entity, food storage facilities, and refrigeration equipment and audits of temperature logs. The department shall provide for inspections of any delivery vehicles at central vehicle distribution locations to review food handling and inspect vehicle food storage areas, refrigeration equipment, and product packaging. The department may not charge any fees for the inspection;
     (c) Investigate any complaints against a licensed pass-through wholesale food distributor for the failure to maintain food delivery vehicles in good working order; and
     (d) Adopt rules, in consultation with the department of health and local health jurisdictions, necessary to administer the program.
     (6) For the purposes of this section:
     (a) "Department" means the department of agriculture.
     (b) "Pass-through wholesale food distributor" means an entity that receives prepackaged food from a food processor certified by the United States department of agriculture and that delivers the food directly to consumers who placed an order on the entity's web site, without opening the packaging and without dividing it into smaller packages, by means of refrigerated vehicles that meet United States department of transportation standards. "Pass-through wholesale food distributor" includes an entity that, prior to delivery to the consumer, temporarily stores the prepackaged food in a food storage facility approved by the United States department of agriculture.