Purpose: Amend the definition of food service establishment, WAC 246-217-010(4) to clarify that adult family homes are not considered institutions. This revision was requested by representatives of the adult family home industry.
Citation of Existing Rules Affected by this Order: Amending WAC 246-217-010(4).
Statutory Authority for Adoption: RCW 69.06.010.
Adopted under notice filed as WSR 04-11-097 on May 19, 2004.
A final cost-benefit analysis is available by contacting Ned Therien, P.O. Box 47824, Olympia, WA 98504-7824, phone (360) 236-3071, fax (360) 236-2257, e-mail firstname.lastname@example.org.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 14, 2004.
Acting Executive Director
AMENDATORY SECTION(Amending WSR 99-13-019, filed 6/7/99, effective 7/8/99)
WAC 246-217-010 Definitions. As used in this chapter of the rules and regulations, the following definitions apply:
(1) "Additional food safety training" means completion of a comprehensive training program on food safety of at least four hours in length. Training may include topics such as: Proper cooking, hot-holding, cold-holding and cooling of potentially hazardous foods; cross-contamination prevention; HACCP and/or proper hand washing techniques. Approval of training programs shall be obtained from jurisdictional health departments or the department by the training provider. Approval of training programs must be obtained in advance.
(2) "Applicant" means an individual applying to obtain an initial or renewal food worker card.
(3) "Department" means the Washington state department of health.
(4) "Food service establishment" means:
(a) A place, location, operation, site, or facility where food is manufactured, prepared, processed, packaged, dispensed, distributed, sold, served, or offered to the consumer regardless of whether or not compensation for food occurs, including but not limited to:
(i) Restaurants, snack bars, cafeterias, taverns, bars;
(ii) Retail food stores, supermarkets, retail meat markets, retail fish markets, retail bakeries, delicatessens;
(iii) Institutional operations licensed by the
department, the state department of social and health services
or local health officer, such as schools, hospitals, jails,
prisons, nursing homes, boarding homes, ((
adult family homes))
and child care facilities;
(iv) Central preparation sites, including caterers;
(v) Satellite servicing locations;
(vi) Temporary food service establishments or mobile food units;
(vii) Bed and breakfast operations;
(viii) Remote feeding sites; ((
(ix) Adult family homes; and
(x) Vending machines dispensing potentially hazardous foods.
(b) This term does not include:
(i) Private homes where food is prepared or served for consumption by household members and/or their guests;
(ii) Establishments offering only commercially prepackaged nonpotentially hazardous foods;
(iii) Commercial food processing establishments, licensed and regulated by the USDA, FDA, or WSDA; and
(iv) Farmers exempt from licensure under RCW 36.71.090.
(5) "Food service worker" means an individual who works (or intends to work) with or without pay in a food service establishment and handles unwrapped or unpackaged food or who may contribute to the transmission of infectious diseases through the nature of his/her contact with food products and/or equipment and facilities. This does not include persons who simply assist residents or patients in institutional facilities with meals, or students in K-12 schools who periodically assist with school meal service.
(6) "Food worker card" means a food and beverage service workers' permit as required under chapter 69.06 RCW.
(7) "Health officer" means the county, city-county, or district health officer of a jurisdictional health department, or his/her authorized representative, or the representative of the department.
(8) "Jurisdictional health department" refers to one of the following:
(a) Local health district as defined in chapter 70.46 RCW.
(b) City-county health department as defined in chapter 70.08 RCW.
(c) County health department as defined in chapter 70.05 RCW.
(9) "Person" means any individual, partnership, corporation, association, or other legal entity or agency of state, county, or municipal government, or agency of the federal government which is subject to the jurisdiction of the state.
(10) "Secretary" means the secretary of the state department of health.
[Statutory Authority: RCW 43.20.050. 99-13-019, § 246-217-010, filed 6/7/99, effective 7/8/99; 91-02-051 (Order 124B), recodified as § 246-217-010, filed 12/27/90, effective 1/31/91; Regulation.87.002, effective 3/11/60.]