EMERGENCY RULES
Effective Date of Rule: Immediately.
Purpose: RCW 69.07.103 directs the department to adopt requirements for a temporary permit for the slaughter, preparation and sale of 1,000 or fewer whole, raw pastured chickens. The 2009 legislature amended that section (SSB 5350) and expanded coverage to include poultry and the option of a one-year or two-year special permit. Due to the changes in the statute, the department must amend its rules under chapter 16-170 WAC for implementation of the expanded program.
Citation of Existing Rules Affected by this Order: Repealing WAC 16-170-040; and amending WAC 16-170-010 through 16-170-037 and 16-170-050 through 16-170-180.
Statutory Authority for Adoption: RCW 69.07.103.
Other Authority: Chapters 69.07 and 34.05 RCW, chapter 114, Laws of 2009.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The legislative changes became effective July 26, 2009. In order to ensure a smooth implementation of the expanded provisions while continuing to safeguard the consuming public's food, this emergency is necessary to cover the period between the effective date of the legislative changes and the effective date of the department's permanent rules. The department has initiated rule-making proceedings and held a hearing on the amendments. Permanent adoption of the amendments will be filed on July 28, 2009, and will become effective thirty-one days after filing.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 25, Repealed 1.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 27, 2009.
Robert W. Gore
Deputy Director
OTS-2492.2
SPECIAL ((TEMPORARY)) PERMITS FOR SLAUGHTERING ((PASTURED
CHICKENS)) POULTRY
(1) Issuance of special ((temporary)) permits regulating
the slaughter, preparation and sale of one thousand or fewer
whole raw ((pastured chickens)) poultry in a calendar year by
the agricultural producer ((of those chickens)) when the
((chickens)) poultry are sold directly to the ultimate
consumer at the producer's farm.
(2) Conditions under which ((the pastured chickens))
poultry identified in this ((section)) chapter are
slaughtered, prepared and sold that are generally patterned
after those established by the state board of health for
temporary food service establishments under chapter 246-215 WAC but are tailored to poultry slaughter, preparation, and
sale activities.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-010, filed 4/5/04, effective 5/6/04.]
(2) For the purposes of this chapter, the following definitions apply:
"Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practices.
"Agricultural producer" means a person or persons who
raise ((pastured chickens)) poultry and who slaughter and sell
one thousand or fewer ((of the chickens)) whole raw poultry
from their farm directly to the ultimate consumer.
"Authorized person" means a person or persons who work
with the agricultural producer in the preparation and
slaughter of ((pastured chickens)) poultry under this chapter.
(("Chicken" means the species Gallus domesticus.))
"Department" means the Washington state department of agriculture (WSDA).
"Director" means the director of the WSDA.
(("Pastured chicken" means a chicken that has lived on
pasture, range, or ground covered with vegetation that is
suitable for grazing, during at least half the life span of
the animal.))
"Potable water" means water that is((:
(a) Safe and sanitary;
(b) Free from coliform; and
(c) From an approved and monitored source)) in compliance with chapter 16-165 WAC and with the Washington state department of health's drinking water quality standards in chapters 246-290 and 246-291 WAC.
"Poultry" means domesticated fowl that is valued for its meat or eggs such as chickens, turkeys, ducks or geese.
"Sanitize" means to adequately treat ((chicken)) poultry
slaughtering, preparation and sale surfaces by a process that
is effective in destroying vegetative cells of microorganisms
of public health significance, and in substantially reducing
numbers of other undesirable microorganisms, but without
adversely affecting the whole raw ((chicken)) poultry or its
safety for the consumer.
"((Temporary)) Special permit" means a permit to
slaughter ((chickens covered by this chapter, which is valid
for the calendar year for which it is)) poultry issued under
RCW 69.07.103. The permit expires on December 31st and is
issued for either one or two years as requested by the permit
applicant.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-020, filed 4/5/04, effective 5/6/04.]
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-030, filed 4/5/04, effective 5/6/04.]
Writing to:
Washington State Department of Agriculture
Food Safety Program
P.O. Box 42560
Olympia, WA 98504-2560; or
Calling 360-902-1876; or
Faxing to 360-902-2087; or
Accessing web site http://agr.wa.gov.
(2) The department must receive ((your)) the completed
special permit application packet along with check or money
order for ((seventy-five dollars)) the permit fee at least six
weeks ((before you plan to)) prior to the planned slaughter
((chickens)) of poultry. In accordance with RCW 69.07.103(4),
the fee for the special permit is seventy-five dollars for one
year, or one hundred twenty-five dollars for two years.
((Your)) (3) The special permit application packet must
include:
(a) A completed application form;
(b) A diagram of ((your)) the slaughter/preparation site;
(c) A description of ((your)) the processing steps or a
process flow diagram;
(d) The proposed days or dates of slaughter for the current year;
(e) A description of ((your)) the rinse water and offal
disposal procedures; and
(f) Documentation verifying that the water ((you use))
used at ((your)) the slaughter/preparation site complies with
the requirements in WAC 16-170-155. If the well, spring or
other private water supply, the water must have a passing
bacterial test conducted within sixty days of submitting the
application to the department. A copy of the test results
must be attached to the special permit application.
(((3))) (4) Once WSDA receives ((your)) the special
permit application, ((you)) the applicant will be contacted
((for)) to schedule an on-site inspection. The inspection
must occur before ((your)) the special ((temporary)) permit
can be further processed or issued.
(((4))) (5) Once received, ((your)) the special permit
must be prominently and conspicuously posted at ((your)) the
slaughter ((facility)) site so ((your)) customers ((can)) are
able to see it.
(((5) You are prohibited from)) (6) Slaughtering,
preparing and selling ((chickens)) poultry regulated by this
chapter ((until you receive your)) is prohibited prior to
receipt of the special ((temporary)) permit.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-035, filed 4/5/04, effective 5/6/04.]
(1) The proposed second year days or dates of slaughter; and
(2) If the site utilized a well, spring or other private water supply, a copy of a passing bacterial test conducted within sixty days prior to submitting the second year slaughter dates to the department.
[]
(2) ((Everything)) All items illustrated on ((your)) the
site diagram under subsection (1) of this section must be
clearly labeled.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-037, filed 4/5/04, effective 5/6/04.]
(2) If the special permit holder was issued a two-year special permit and must reapply for a permit under this section, the department will apply fifty dollars of the two-year permit fee towards the new permit application fee.
[]
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-050, filed 4/5/04, effective 5/6/04.]
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-060, filed 4/5/04, effective 5/6/04.]
(1) Be constructed or assembled to minimize insects, pests, birds, dust, mud and overhead contamination;
(2) Include adequate lighting to illuminate the areas
where ((chickens)) poultry are slaughtered, prepared and sold;
(3) Have an adequate handwashing station;
(4) Be readily accessible to a toilet facility;
(5) Include potable running water;
(6) Include a means of safely disposing of rinse water and offal; and
(7) Means of properly cooling slaughtered ((chickens))
poultry unless the customer takes possession within four
hours.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-070, filed 4/5/04, effective 5/6/04.]
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-075, filed 4/5/04, effective 5/6/04.]
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-080, filed 4/5/04, effective 5/6/04.]
(2) Any authorized person infected with a communicable
disease, has open sores or infected cuts on hands, is vomiting
or has diarrhea is prohibited from working in ((your)) the
poultry slaughter site.
(3) Authorized persons are prohibited from smoking,
eating or drinking while in ((your)) the poultry slaughter
site.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-090, filed 4/5/04, effective 5/6/04.]
(((a))) (1) Wear clean and adequate clothing.
"Clean and adequate" means that the clothing must be:
(((i))) (a) Clean at the start of the
slaughter-preparation-sale process; and
(((ii))) (b) Changed when the clothing becomes soiled
when contamination of the raw whole ((chicken)) poultry, any
process work surface, the equipment used to chill slaughtered
((chickens)) poultry or the bags used to transport
((chickens)) poultry that are sold becomes imminent; and
(((iii))) (c) Suitable to the specific part of the
process (slaughter, preparation or sale) ((in which you are
engaged)).
(((b))) (2) Remove hand jewelry that cannot be adequately
sanitized during periods when carcasses are handled by hand.
If such hand jewelry cannot be removed, impermeable or
disposable gloves must be worn.
(((c))) (3) Maintain gloves, if they are used in
processing, in an intact, clean, and sanitary condition. The
gloves should be of an impermeable material.
(((2))) (4) Clean and effective hair restraints, such as
hairnets or beard nets are not required, but hats, caps,
scarves or other head covers are recommended to prevent
contamination of the whole raw ((chickens)) poultry being
slaughtered, prepared and sold.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-100, filed 4/5/04, effective 5/6/04.]
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-110, filed 4/5/04, effective 5/6/04.]
(a) Product name;
(b) Chemical description;
(c) Directions for use;
(d) Any required precautionary and warning statements;
(e) First-aid instructions;
(f) Name and address of the manufacturer or distributor; and
(g) Any other information required by the U.S. Environmental Protection Agency or other laws or rules.
(2) ((You can store)) Small "transport" or "use"
containers containing detergents, sanitizers or other
materials may be stored in ((your)) the slaughter site but
only under the following conditions:
(a) The contents must be properly identified on the container. Labeling the container with the common name is acceptable if the original commercially purchased storage container is on hand and properly identified.
(b) Food containers must not be used as containers for detergents, sanitizers or toxic materials.
(c) Containers used for detergents, sanitizers or other materials must not be used as food containers.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-115, filed 4/5/04, effective 5/6/04.]
(a) Before ((you begin)) the poultry slaughtering process
begins;
(b) Between the slaughtering and preparation steps in the process;
(c) Between the poultry preparation and sale steps in the process;
(d) After each absence from the poultry slaughter
((facility)) site; and
(e) Any time ((your)) hands become contaminated.
(2) "Adequately washing ((your)) hands" means thoroughly
washing ((your)) hands to prevent contaminating ((your)) the
slaughtered ((chickens)) poultry. Adequate handwashing
methods consist of:
(a) Applying soap to ((your)) hands;
(b) Using warm water;
(c) Scrubbing your hands thoroughly; and
(d) Using methods to rinse and dry ((your)) hands that
prevent contamination.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-120, filed 4/5/04, effective 5/6/04.]
(2) Handwashing stations must be conveniently located in
((your)) the poultry slaughter site and near ((your)) toilet
facilities.
(3) If handwashing stations are not conveniently located
in ((your)) the poultry slaughter site and near ((your))
toilet facilities, five-gallon insulated containers with
continuous flow spigots filled with warm water between one
hundred and one hundred and twenty degrees Fahrenheit with
pump type liquid soap, paper towels and five-gallon buckets to
catch rinse water are required on-site and near ((your)) the
toilet facilities.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-125, filed 4/5/04, effective 5/6/04.]
(((3))) (2) "Properly maintained" means sanitizing
solutions are:
(a) Checked and recharged to a strength equal to 100 PPM chlorine or 25 PPM iodine; and
(b) Changed every four hours while in use.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-130, filed 4/5/04, effective 5/6/04.]
(2) A domestic toilet is sufficient if ((your)) the
poultry slaughter operation is a family operation where only
family members are employed. However, if ((you have)) the
operation has employees, ((you must provide)) toilet
facilities must be provided at ((your)) the slaughtering site
or ((allow your)) employees must be allowed to use ((your))
the domestic toilet.
(3) Portable chemical toilets may be used at the poultry slaughter site if they are conveniently located with a self-closing door, screened to exclude insects, and properly maintained.
(4) All nondomestic toilet areas must be kept clean, free
of trash and litter, and in good repair. All doors used to
enter the nondomestic toilet area must be self-closing and
must not open directly into ((your)) the poultry slaughter
site.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-135, filed 4/5/04, effective 5/6/04.]
(1) Offal and rinse water the site generates are readily and safely removed; and
(2) Offal and rinse water do not create an unsanitary condition or contaminate:
(a) The raw whole ((chickens that you slaughter))
poultry;
(b) Any potable water stored and used at ((your)) the
slaughter site;
(c) Any product contact surfaces at ((your)) the
slaughter site; or
(d) Any bags used to package raw whole ((chickens))
poultry sold to ((your)) the ultimate consumers.
(3) ((Your)) The rinse water disposal system must not
allow any backflow from or cross connection between the piping
that discharges rinse water and the piping that carries
potable water to the ((chicken)) poultry slaughter area.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-140, filed 4/5/04, effective 5/6/04.]
(2) All utensils used to slaughter and prepare
((chickens)) poultry, such as knives, scrapers, scoops,
shovels, cutters, and other hand tools and equipment, must be
placed or stored to prevent contact surfaces from being
contaminated.
(3) Contaminated equipment and utensils must be cleaned and sanitized before they are used again.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-145, filed 4/5/04, effective 5/6/04.]
(2) Residues and contaminants must frequently be removed from all slaughter and preparation contact surfaces to prevent the residues from becoming:
(a) Unwholesome or unfit for the raw whole ((chicken))
poultry carcass;
(b) Decomposed, filthy, or putrid; or
(c) Injurious to public health.
(3) All poultry slaughter and preparation contact surfaces must be sanitized:
(a) Before they are used; and
(b) After they are cleaned.
(4) ((You must keep)) A separate bucket of sanitizer must
be kept in ((your)) the poultry slaughter site for
rinsing/storing the wipe down cloths used to sanitize all
slaughter equipment and slaughter/preparation contact
surfaces. The sanitizing solution in the bucket should be at
a minimum 100 ppm (mg/L) for chlorine solution or 50 ppm
(mg/L) for iodine solution.
(5) Any noncarcass contact surfaces of equipment used in
the slaughter of ((chickens)) poultry must be kept reasonably
free of dirt, old slaughter/preparation residues, foreign
material, dust, mold, mildew, slime and other accumulations
that occur as a result of the slaughter/preparation operation.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-150, filed 4/5/04, effective 5/6/04.]
(2) Processors that operate from single-family residences on private water supplies need only meet bacteriological testing requirements. Optionally, potable water may be hauled onto the poultry slaughter site for use by the processor as long as the transport vehicle and water are of safe and sanitary quality.
(3) Water used from a private water system for the
slaughter, preparation or sale of poultry must be sampled and
tested at least annually. Copies of ((your)) water test
reports must be on file at ((your)) the farm and available for
review by WSDA during routine slaughter site inspections.
(4) Any ice ((you manufacture)) manufactured on ((your))
the farm for use in ((your)) the poultry slaughter process
must be manufactured from potable water.
(5) All ice used at the poultry slaughter site that ((you
do)) is not ((manufacture)) manufactured on the farm must be
from an approved source.
(6) All ice ((that you use)) used at ((your chicken)) the
poultry slaughter site must be properly handled and stored to
protect against contamination.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-155, filed 4/5/04, effective 5/6/04.]
(2) Methods of properly handling and storing ((your))
bags at ((your)) the poultry slaughter site include, but are
not limited to:
(a) All bags must be stored off of the floor or any other unsanitary surfaces.
(b) All bags must be stored in closed boxes or cartons before they are used.
(c) Bags must be removed from the closed box or carton in a way that prevents contamination.
(d) When a slaughtered whole ((chicken)) poultry is
inserted into a bag, the bag must be handled so it and the
((chicken are)) poultry is not exposed to contamination by
dust, foreign material or other contaminants.
(e) Any bag dropped on the floor or some other unsanitary surface must not be used.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-170, filed 4/5/04, effective 5/6/04.]
(2) Chilling poultry may be accomplished through the use of mechanical refrigeration, an ice chest using ice from an approved source (see WAC 16-170-155), or by being immersed in cold running water.
(3) A temperature control (TC) must be used to monitor slaughter cool down temperature by inserting a calibrated thermometer into the thickest portion of the first slaughtered poultry carcass and monitoring the temperature to ensure proper chilling at or below forty-five degrees Fahrenheit within four hours of slaughter.
(4)(a) Slaughtered ((chickens)) poultry can be stored for
up to forty-eight hours before they are sold.
(b) During their storage period, ((chicken)) poultry
carcass temperatures must be kept at or less than forty-five
degrees Fahrenheit by mechanical refrigeration equipped with a
thermometer or by maintaining the carcasses in a properly
designed storage container with the use of a temperature
control (TC) as outlined in subsection (3) of this section.
(5) All chilled and/or stored ((chicken)) poultry
carcasses must be protected from physical, chemical, microbial
contamination and deterioration.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-175, filed 4/5/04, effective 5/6/04.]
(a) ((Your chicken)) A record of the poultry slaughter
dates;
(b) The number of ((chickens)) poultry by species
slaughtered on each slaughter date and the cumulative total of
((chickens)) poultry by species slaughtered;
(c) The temperature control log monitoring proper
((chicken)) poultry slaughter cool down and storage; and
(d) The water testing records if required by WAC 16-170-155.
(2) All records required under subsection (1) of this section must be:
(a) Maintained so that the information they intend to convey is clear and understandable.
(((3) All records must be)) (b) Available at ((your)) the
farm and available to department inspectors upon request.
(((4) All records must be)) (c) Retained at the farm for
six months after the expiration of the special permit.
[Statutory Authority: 2003 c 397 and chapters 69.07 and 34.05 RCW. 04-08-062, § 16-170-180, filed 4/5/04, effective 5/6/04.]
The following section of the Washington Administrative Code is repealed:
WAC 16-170-040 | How long is my temporary special permit valid? |