Chapter 8.04
FOOD SERVICE
Sections:
8.04.040 Inspections and enforcement.
8.04.060 Temporary food permits.
8.04.070 Certified food protection manager.
8.04.010 Authority.
A. The board of health finds that Chapter 246-215 WAC has been established by the Washington State Board of Health to provide standards for food service under RCW 43.20.050 to promote and protect the health, safety, and well-being of the public and to prevent the spread of disease by food.
B. RCW 70.05.030.1(l) promulgates that any decision by the board of health related to the setting or modification of permit, licensing, and application fees may only be determined by the county elected officials on the board.
C. The board of health finds that the following rules and regulations are to be adopted to allow for:
1. Defining food, time/temperature control for food safety, food service establishment, temporary food establishment, mobile food units, utensils, equipment, etc.
2. Providing for the sale of only unadulterated, wholesome, and properly labeled food.
3. Regulating the sources of food.
4. Establishing sanitation standards for food, food protection, food service personnel, food service operations, food equipment and utensils, sanitary facilities and controls, and other facilities.
5. Requiring permits for the operation of food service establishments.
6. Regulating the inspection of such establishments.
7. Providing for the examination and condemnation of food and infectious workers.
8. Providing for the enforcement of these rules and regulations and providing penalties.
9. Superseding existing Adams County health department rules, regulations, ordinances, or resolutions in conflict herewith. (Ord. O-04-24 (Exh. A))
8.04.020 Administration.
All provisions of Chapter 246-215 WAC are hereby adopted by reference as now enacted or hereafter amended. (Ord. O-04-24 (Exh. A))
8.04.030 Definitions.
A. “Food code” means Chapter 246-215 WAC.
B. “ACHD” means Adams County health department.
C. “Regulatory authority” means local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishment. Adams County health department, acting through the local health officer, is the regulatory authority for the activity of a food establishment within Adams County, except as otherwise provided by law. This includes any employee who is authorized by ACHD to enter a food establishment with the purpose of inspection, investigation and/or education regarding food safety sanitation. (Ord. O-04-24 (Exh. A))
8.04.040 Inspections and enforcement.
A. Whenever the regulatory authority makes an inspection of a food establishment and discovers any requirements of the food code or this chapter have been violated, they shall notify the permit holder or person in charge of such violations by means of an inspection report form or other written notice.
B. Whenever the regulatory authority finds unsanitary or other conditions in the operation of a food establishment which, in its judgment, constitute an imminent hazard to the public health, it may without warning, or notice of hearing, issue a written notice to the permit holder or operator citing such conditions, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended, and all food service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately, but upon written petition to the regulatory authority, shall be afforded a hearing. Imminent health hazards shall be defined as the following:
1. A breakdown or lack of equipment or loss of power causing improper temperature control for potentially hazardous food.
2. A lack or loss of water service prevents adequate hand washing, equipment cleaning, or sanitizing (e.g., loss of hot water throughout a facility).
3. An emergency caused by accident or natural disaster, such as fire, flood, or building collapse.
4. A sewage backup or sewage contamination within a food product.
5. An occurrence of an outbreak of foodborne illness linked to the food establishment.
6. Misuse of toxic or poisonous materials.
7. Gross insanitary occurrence or other circumstance that may endanger public health.
C. Interference with the regulatory authority in the performance of its duty by the permit holder/person in charge or an employee shall result in the suspension of the food establishment permit.
D. The regulatory authority shall document on the inspection report form the items found out of compliance (violations), assign point values in accordance with the Adams County health department food establishment inspection report form and apply the following provisions:
1. Red item violations (items one through twenty-seven on the inspection form) must be corrected immediately when the regulatory authority determines the item is immediately correctable.
2. Blue item violations (items twenty-eight through fifty on the inspection form) shall be corrected by the time of the next routine inspection, or as otherwise required by a compliance schedule, if a compliance schedule is established and approved by the regulatory authority.
3. Failure to permanently correct violations may result in permit suspension.
4. In the case of temporary food establishments, all red item violations must be corrected immediately. Blue item violations will be corrected immediately when the regulatory authority determines the item is immediately correctable. Failure to comply may result in suspension of the permit to operate.
E. Reinspection Thresholds and Procedures.
1. Failure of a routine inspection occurs when:
a. The total of red item violations is greater than thirty-five red points; or
b. A single twenty-five-point red item is found to be repeated from the last routine inspection; or
c. A violation as described in subsection B of this section is found; or
d. A violation as described in subsection I of this section is found.
2. Failure of a routine inspection will require a first reinspection, which is usually conducted within twenty days.
3. Failure of a reinspection occurs when:
a. The total of red item violations equals thirty-five points or greater; or
b. A single red item violation of ten points or greater is found to be repeated from the previous inspection or reinspection; or
c. A violation as described in subsection B of this section is found; or
d. A violation as described in subsection H of this section is found.
4. Failure of a first reinspection will require a second reinspection which is usually conducted within fifteen days.
5. Failure of a second reinspection will result in the following:
a. The permit holder or its authorized representative will be required to submit a written food safety compliance plan within five working days of the second reinspection. The plan must be designed to help maintain compliance and improve food safety with emphasis on the items in violation and it must be acceptable to the assigned inspector, in consultation with the environmental health director or a second environmental health specialist in the absence of the director. If the permit holder or authorized representative fails to respond to, follow, or agree upon the plan, the permit to operate shall be suspended upon written notice.
b. A third reinspection will be required and will usually occur within ten days after the second reinspection. Failure of the third reinspection will result in permit suspension.
c. The food establishment will be placed in probationary status for the next two routine inspections. While in probationary status, if the food establishment receives a routine inspection which requires a reinspection as described in subsection E of this section, the permit holder or their authorized representative will be required to have an office conference with the environmental health director or their representative.
6. During a reinspection, the regulatory authority is not limited to reviewing only violations noted on the previous inspection. The regulatory authority is responsible for reporting all observed violations and has the discretion to conduct a complete inspection.
7. There will be a fee for any reinspection(s) conducted, per the current fee schedule.
F. If the permit is suspended, the food establishment must discontinue operation. If the permit holder wishes to have the permit reinstated, the permit holder or their authorized representative must schedule an administrative hearing with the assigned inspector and one other ACHD staff member with knowledge of the food program. The permit holder must give reasons that the permit should be reinstated. The cost of the hearing will be based on the current fee schedule. All fees owed to ACHD must be paid before reinstatement can occur.
G. At its discretion, ACHD staff may conduct nonregulatory session(s) with the food establishment(s) for educational purposes. Such session(s) can take place at the food establishment(s) or at the ACHD office, per staff preference. ACHD staff will provide a written report documenting the educational session(s). Point values will not be assigned to the report and no enforcement actions will result, with the exception of an observed imminent health hazard, and then subsection B of this section will apply. There is a maximum of one educational visit per calendar year per establishment.
H. Evidence of the permit holder or person in charge permitting smoking or vaping (use of electronic vapor device) by the public or employees in any portion of the food establishment shall be considered a fifteen-point red item violation which shall be included with the total points of food code violations. Smoking/vaping by the public or employees permitted by the permit holder or person in charge closer than twenty-five feet to the doorway, window, or ventilation source of a licensed food establishment will likewise be considered a fifteen-point red item violation unless a proposal to allow a lesser distance has been formally accepted by the Adams County health officer, in which case the lesser distance will be applied.
1. Failure to post signs prohibiting smoking as required by RCW 70.160.050 shall be a five-point blue item violation.
I. Individual, disposable towels are the only approved hand drying device for handwashing sinks in food preparation areas. (Ord. O-04-24 (Exh. A))
8.04.050 Permits and fees.
A. No one may operate a food establishment without a valid permit to operate issued by the regulatory authority. If a person operating a food establishment or their representative fails to obtain a food establishment permit or fails to renew a food establishment permit within the permit renewal time they may be ordered to close. Anyone failing to comply with the closure order shall be considered in violation of this chapter and subject to Section 8.04.080.
B. The fee for food establishment permits shall be determined by the current fee schedule. Said permits shall expire on January thirty-first and shall be renewed each year. Permits shall not be transferable between people or locations.
C. Permits for annual food establishment operations shall be obtained by January thirty-first. If the permit fee and application for an annual food establishment are received after January thirty-first (must be received in the office by five p.m. on, or postmarked by, January thirty-first) a fee equivalent to forty percent of the amount of the permit will be levied, and if received after February twenty-eighth (or twenty-ninth) the food establishment shall be considered in violation of this chapter and subject to Section 8.04.080.
D. If the new owner of a permitted and currently operating food establishment does not obtain a permit within thirty days after taking over the food establishment, a fee equivalent to forty percent of the amount of the permit will be levied, and, if more than sixty days delinquent, the food establishment shall be considered in violation of this chapter and subject to Section 8.04.080.
E. If the food establishment which has a new owner is not currently in operation (closed) or intends a significant menu or facility modification to a currently operating food establishment, the new owner must obtain a permit before operating or opening. If the new owner fails to obtain a permit before opening, a fee equivalent to the amount of the permit will be levied and, if more than thirty days delinquent, the operation shall be considered in violation of this chapter.
F. The permit for a seasonal food establishment shall be obtained before the opening of business. If a seasonal food establishment fails to obtain a permit prior to opening, a fee equivalent to the amount of the permit will be levied, and, if more than thirty days delinquent, the operation shall be considered in violation of this chapter.
G. If a food establishment has reinspection fees that are more than ninety days delinquent, its permit to operate may be suspended upon written notice.
H. Mobile food units shall have the name of the food establishment on at least two sides of the unit.
I. If the regulatory authority suspends or revokes a food establishment permit, the time the establishment is closed shall not be less than two hours. Operations defined as a “food establishment” by the definition in WAC 246-215-01115 are required to obtain a permit to sell food or prepare food, with the exception of foods listed in WAC 246-215-08305, which may be exempted from permit subject to the following conditions:
1. All food safety rules must be followed as required by the food code.
2. For temporary food establishments offering only exempt foods, a certificate of exemption must be obtained annually from ACHD. (Ord. O-04-24 (Exh. A))
8.04.060 Temporary food permits.
Permits for temporary food establishments shall be applied and paid for not less than fourteen working days before the requested date of operation; Monday through Friday, including holidays that fall on those days, will be considered working days for the purposes of this section. Applications and payment received less than five working days before the requested date of operation will be subject to a late fee per the current fee schedule. (Ord. O-04-24 (Exh. A))
8.04.070 Certified food protection manager.
A. All food establishments must have at least one certified food protection manager on staff as evidenced by a valid certificate available from an accredited program. The following food establishment types are exempt from this requirement, unless deemed necessary by the regulatory authority:
1. Risk category I food establishments.
2. Temporary food establishments. (Ord. O-04-24 (Exh. A))
8.04.080 Penalty.
A. Anyone failing to comply with any of the terms of this chapter shall be in violation of this chapter. The regulatory authority may proceed to commence a civil action to recover a penalty of five hundred dollars for each violation of this chapter. Each day a continuing violation exists shall be considered a separate violation.
B. In conjunction with, or as an alternative to the civil action allowed in Section 8.04.010, the regulatory authority may move to enjoin any violations of this chapter. (Ord. O-04-24 (Exh. A))
8.04.090 Appeals.
A. Any person requesting an appeal of an action by ACHD staff regarding the administration of this chapter may appeal in writing to the Adams County health officer within ten days of a written notice or directive of ACHD staff.
1. Initial Appeal. Within thirty days after receipt of the appeal, the Adams County health officer may conduct an investigation in the disputed matter.
a. The Adams County health officer shall determine if sufficient evidence was provided by the person to change the decision.
b. The investigation may include an administrative hearing. The investigation may include taking evidence orally and written from IHCS staff, appellant, and witnesses.
c. A decision will be made in writing to the person or party making the appeal within ten days of competing the investigation.
d. Such investigation and/or hearing may take place sooner than thirty calendar days if the appellant shows extraordinary hardship or duress caused by the ACHD staff decision.
2. Second Appeal. Following a written request to the Adams County health officer, within ten days of the Adams County health officer’s written decision, any person not satisfied with the Adams County health officer’s decision or the results of the investigation shall make a written request for a meeting with the Adams County board of health.
a. The appellant will be provided the opportunity to address the board of health at the next regularly scheduled meeting, or sooner if the aggrieved party demonstrates extraordinary hardship or duress caused by the Adams County health officer’s decision.
b. The matter under appeal will be decided by a majority vote of the board of health.
B. Hearings shall be conducted as defined in WAC 246-215-08610. Pending hearings or appeals shall not stay the orders of the regulatory authority.
C. Failure to comply with conditions established and agreed to as the result of an appeal shall be considered a violation of this chapter and may be subject to the penalties provided by Section 8.04.080. (Ord. O-04-24 (Exh. A))
8.04.100 Severability.
Should any section of this chapter be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder. (Ord. O-04-24 (Exh. A))
8.04.110 Effective date.
This chapter shall take effect on January 1, 2025, after its passage, approval, and execution. (Ord. O-04-24 (Exh. A))