WSR 10-04-068



[ Filed January 29, 2010, 4:57 p.m. ]

Subject of Possible Rule Making: Chapter 246-215 WAC, Food service.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050 Powers and duties of the state board of health, 43.20.145 Food service rules -- Consideration of federal food code.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 43.20.145 requires the state board of health (board) to consider the latest version of the Food and Drug Administration (FDA) Food Code in adopting the state food safety rules. The current rules are based on the 2001 FDA Food Code. Since then, the 2005 and 2009 FDA Food Code versions have been published. The state rules need to be revised to reflect these new standards. The board is also considering new rules to address the gaps and overlaps in food safety rules for various facilities responsible for providing meals to young children such as child care facilities and early learning programs. The rules will also be reviewed and potentially revised for clarity.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The state department of early learning has food service requirements in its licensing rules, chapter 170-295 WAC. The department of early learning will participate on the core workgroup that provides rule-making recommendations to the department of health (department).

Process for Developing New Rule: This will be a collaborative rule-making effort and representatives from the department of early learning, local health jurisdictions, and other interested stakeholders will be invited to participate on the core workgroup that provides recommendations to the department.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The department will provide draft rule text to interested parties for informal review and comment using a variety of methods including posting on the department of health web site, briefing the state board of health, responding to e-mail inquiries, and publishing in the department food safety newsletter. The department will encourage interested stakeholder groups to share the draft rule text with their constituents. The proposed rule will be published in the Washington state register and the board will hold a public hearing to receive comments. For additional information, contact Joe Graham, (360) 236-3305,, or P.O. Box 47825, Olympia, WA 98504.

January 29, 2010

Craig McLaughlin

Executive Director

Washington State Code Reviser's Office