WSR 13-11-011

EMERGENCY RULES

DEPARTMENT OF

EARLY LEARNING

[ Filed May 2, 2013, 3:21 p.m. , effective May 2, 2013, 3:21 p.m. ]


Effective Date of Rule: Immediately.

Purpose: The department of early learning (DEL) is amending sections in DEL child care licensing WAC chapters to update the provision for safe food handling. The department of health (DOH) has recently updated there [their] food handlers guide, and DEL needs to reflect the updated requirements. This filing includes sections of chapter 170-297 WAC, Licensed school-age child care standards and chapter 170-295 WAC, Child care centers.

Citation of Existing Rules Affected by this Order: Amending WAC 170-295-3190 and 170-297-7680.

Statutory Authority for Adoption: Chapter 43.215 RCW.

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: DOH has amended its food handler's guide, and DEL needs to reflect the new requirements for the health and safety of children in licensed child care.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: May 2, 2013.

Elizabeth M. Hyde

Director

OTS-5440.1


AMENDATORY SECTION(Amending WSR 08-08-012, filed 3/19/08, effective 4/19/08)

WAC 170-295-3190   How can I be sure that the food I serve is safe?   (((1) You need to develop and implement a system to monitor the temperature of potentially hazardous foods during cooking, reheating, cooling, storing, and hot and cold holding temperatures to be sure that:

(a) Food will be cooked to at least the minimum correct internal temperature:

(i) Ground beef and pork sausage 155 degrees Fahrenheit;

(ii) Pork 150 degrees Fahrenheit;

(iii) Fish and seafood 140 degrees Fahrenheit;

(iv) Poultry and stuffing 165 degrees Fahrenheit;

(v) Eggs 140 degrees Fahrenheit;

(vi) Beef (not ground) and lamb 140 degrees Fahrenheit.

(b) Previously prepared food is reheated one time only to an internal temperature of 165 degrees Fahrenheit within sixty minutes;

(c) Hot food is kept at a temperature of 140 degrees Fahrenheit or above until served;

(d) Cold food is kept at a temperature of 45 degrees Fahrenheit or less;

(e) Refrigerators have a thermometer in or near the door and are kept at 45 degrees Fahrenheit or less; and

(f) Freezers have a thermometer in or near the door and are kept at 10 degrees Fahrenheit or less.)) (1) Program staff must follow the safe preparation, cooking, and serving guidelines in the current edition of the food workers manual prepared by the state department of health.

(2) You must develop a system to record the temperature of each perishable food once it arrives from a satellite kitchen or a catering service. The system must include keeping records on site for six months with the following information:

(a) The name and the temperature of the food;

(b) The date and time the temperature was checked; and

(c) The name and signature or recognized initials of the person who is checking and recording the food temperatures.

(3) You may serve previously prepared food that has not been previously served if it was stored at the proper temperature for less than forty-eight hours after preparation. Leftover foods or open foods in the refrigerator must be labeled with the date that they were opened or cooked.

[Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, 170-295-3190, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as 170-295-3190, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-3190, filed 6/30/03, effective 8/1/03.]

OTS-5439.1


AMENDATORY SECTION(Amending WSR 12-23-057, filed 11/19/12, effective 12/20/12)

WAC 170-297-7680   Safe food handling.   (1) Program staff must follow the safe preparation, cooking, and serving guidelines in the current edition of the food workers manual prepared by the state department of health.

(((a) Food must be served at temperatures of not less than one hundred thirty-five degrees Fahrenheit for hot foods and not more than forty-one degrees Fahrenheit for cold foods.

(b) All opened moist foods that have not been served must be covered, dated, and maintained at a temperature of forty-one degrees Fahrenheit or lower in the refrigerator or frozen in the freezer.

(c) Raw animal foods must be fully cooked to heat all parts of the food to a temperature and for a time of:

(i) One hundred forty-five degrees Fahrenheit or above for fifteen seconds for fish and meat;

(ii) One hundred sixty degrees Fahrenheit for fifteen seconds for chopped or ground fish, chopped or ground meat or raw eggs; or

(iii) One hundred sixty-five degrees Fahrenheit or above for fifteen seconds for poultry or stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, or stuffing containing fish meat or poultry.

(d) Potentially hazardous cooked foods must be cooled in an uncovered container, protected from cross contamination, and in a shallow layer of three inches or less in cooling equipment maintained at an ambient temperature of forty-one degrees Fahrenheit or less.

(2) Program staff must:

(a) Wash their hands prior to preparing food and after handling raw meats, poultry, or fish; and

(b) Not prepare food when ill with vomiting, diarrhea or infectious skin sores that cannot be covered.

(3))) (2) Previously prepared food may be served if:

(a) The food was not previously served; and

(b) It was stored at the proper temperature for less than twenty-four hours after preparation.

(((4))) (3) Leftover foods or opened foods in the refrigerator must be labeled with the date that they were opened or cooked.

(((5))) (4) Each staff person preparing or handling food must maintain a current Washington state department of health food worker's permit.

[Statutory Authority: Chapter 43.215 RCW. 12-23-057, 170-297-7680, filed 11/19/12, effective 12/20/12.]