Chapter 8.16 FOOD SANITATION AND FOOD SERVICE FACILITIES

The regulations set out in this chapter are adopted to protect the health and safety and well-being of the public and to prevent the spread of disease, and apply to all food service establishments located in the county. (Ord. 85-2 § 1, 1985).

8.16.020 Definitions.

The following definitions shall apply in the interpretation and enforcement of the rules and regulations set out in this chapter:

A. “Critical items” means those items on form DSHS 9-106 (rev. 7-82) dealing with time temperatures, personal hygiene of foodworkers, approved source of foods, and/or protection of food from contamination, which if violated, will contribute to the causation of a food-borne illness.

B. “DSHS” means the Washington State Department of Social and Health Services.

C. “Food service establishment” shall include, but not be limited to any restaurant; snack bar; tavern; bar; nightclub; industrial feeding establishment; grocery store; retail meat market; retail fish market; retail baker; delicatessen; mobile food service unit; temporary food service establishment; private, public, or nonprofit organization routinely serving food; catering kitchens; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and other establishment or operation where food is served or provided for the public with or without charge.

D. “Health officer” means the health officer of the county health department or his/her authorized representative as defined by Chapter 70.56 RCW.

E. “Permit” means the written authorization by the health officer for a food establishment to operate, designating such food service establishments as having met the requirements of these regulations.

F. “Person” means an individual or a firm, or a corporation, a trusteeship, an association, or any public or private entity. (Ord. 85-2 § 2, 1985).

8.16.030 Adoption of Chapter 248-84 WAC by reference.

These rules and regulations set out in this chapter do adopt as minimum requirements Chapter 248-84 WAC, Rules and Regulations of the State Board of Health for Food Service Sanitation, adopted October 1, 1980, and any subsequent amendments. When a section of these regulations conflicts with Chapter 248-84 WAC, the county board of health regulations shall apply. (Ord. 85-2 § 3, 1985).

8.16.040 Interpretation.

The regulations set out in this chapter shall be enforced by the health officer in accordance with the interpretations contained in the 1976 edition of the United States Public Health Service, “Food Service Sanitation Manual,” where applicable. When a section of these regulations conflicts with the “Food Service Sanitation Manual” or Chapter 248-84 WAC, these regulations shall apply. (Ord. 85-2 § 4, 1985).

8.16.050 Toilet and handwashing facilities – Required.

Newly constructed or renovated food service establishments involved in the preparation and retail sale of potentially hazardous food shall provide toilet and handwashing facilities for public use, meeting the requirements of WAC 248-84-040(4) and (5). The toilet and handwashing facilities shall be conveniently located for public use so that entrance will not require walking through food preparation areas. (Ord. 85-2 § 5, 1985).

8.16.060 Permit – Required.

No person shall operate a food service establishment who does not have a valid permit issued to him/her by the health officer. (Ord. 85-2 § 6(a), 1985).

8.16.070 Permit – Nontransferable.

No permit shall be transferable or assignable nor shall any permit entitle the holder thereof to conduct the business in any place other than that specified on the permit. (Ord. 85-2 § 6(b), 1985).

8.16.080 Permit – Issuance.

Any person desiring to operate a food service establishment shall make written application for a permit on forms provided by the health officer. An inspection will be required by the health officer prior to opening for all new establishments to determine compliance with these regulations. An inspection may be required for the renewal of the food service establishment permit. (Ord. 85-2 § 6(c), 1985).

8.16.090 Permit – Fees.

The permit/re-inspection fees for food service establishments shall be established by the county board of health. (Ord. 85-2 § 6(d), 1985).

8.16.100 Permit – Suspension.

Food service establishments shall immediately cease all food service operations and close to the public upon permit suspension. The health officer, after proper service of notice as described in OCC 8.16.170, may suspend the food service establishment permit when one the following occurs:

A. The health officer determines the total demerit score of the establishment is more than 100, using form DSHS 9-106 (rev. 7-82);

B. The health officer determines the critical item demerit score of the establishment is more than 75, using form DSHS 9-106 (rev. 7-82);

C. The health officer finds the same violation occurring during three consecutive inspections;

D. The health officer determines that the operation of the food service establishment otherwise constitutes an imminent health hazard such as, but not limited to, a lack of potable running water, a lack of facilities to maintain potentially hazardous foods at required temperatures, a sewage system malfunction, fire or flood;

E. The holder of the permit fails to comply with the time limits set by the health officer for correction of violations;

F. The holder of the permit refuses to sign or fails to comply with an order to destroy a potentially hazardous food item determined by the health officer to be unfit for consumption;

G. The holder of the permit interferes with the health officer in the performance of his duty. (Ord. 85-2 § 7(a), 1985).

8.16.110 Permit suspension – Hearing.

An opportunity for hearing with the health officer shall be provided if a written request for hearing is filed by the holder of the permit within five working days of the service of notice. If no written request for hearing is filed within five working days, the suspension is sustained. (Ord. 85-2 § 7(b), 1985).

8.16.120 Permit suspension – Re-inspection.

Any person whose permit has been suspended, may at any time, make application for a re-inspection for the purpose of reinstatement of the permit. Upon receipt of a request for re-inspection, which must include a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health officer shall make a re-inspection. If the applicant is complying with the requirements of these regulations, the permit shall be reinstated. (Ord. 85-2 § 7(c), 1985).

8.16.130 Permit – Revocation.

The health officer, after providing opportunity for a hearing with the county board of health, may revoke a permit for repeated violations of any of the requirements of these regulations or for repeated interference with the health officer in the performance of duty. (Ord. 85-2 § 8(a), 1985).

8.16.140 Permit revocation – Notice.

Prior to revocation, the health officer shall notify in writing the holder of the permit or the person in charge of the establishment, the specific reason for revocation. (Ord. 85-2 § 8(b), 1985).

8.16.150 Permit revocation – Effective date.

The effective date of revocation shall be 10 working days following service of notice. If a written request for a hearing is filed with the health officer within this 10-day period, the revocation shall not take place until after the date of the hearing and only if the revocation is sustained by the board of health. (Ord. 85-2 § 8(c), 1985).

8.16.160 Permit revocation – Reapplication.

Any person whose permit has been revoked may make a written application for the purpose of obtaining a new permit. A hearing will be provided before the board of health to determine if a new permit shall be issued. (Ord. 85-2 § 8(d), 1985).

8.16.170 Service of notice.

Any notice provided for in these regulations is properly served when it is delivered to the holder of the permit, the person in charge, posted on the premises, or when it is sent by registered or certified mail, return receipt requested to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the health officer. (Ord. 85-2 § 9, 1985).

8.16.180 Inspection – Frequency.

Any inspection of a food service establishment shall be performed as often as is necessary in the opinion of the health officer, for the enforcement of these regulations. (Ord. 85-2 § 10, 1985).

8.16.190 Inspection – Access.

The health officer, after presentation of proper identification, shall be permitted to enter any food service establishment, at any reasonable time after providing notice to the owner/operator or person in charge, for the purpose of making inspections to determine compliance with these regulations. The health officer shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used and to any person employed and to interview any employee of the establishment to obtain pertinent information regarding an illness investigation or other matters which may affect health or the enforcement of these regulations. (Ord. 85-2 § 10(a), 1985).

8.16.200 Inspection – Report.

Whenever an inspection of a food service establishment is made, the findings shall be recorded on inspection report form DSHS 9-106 (rev. 7-82). A copy of the completed inspection report form shall be furnished to the person in charge of the food service establishment at the conclusion of the inspection and shall constitute legal notice. The completed inspection report form shall state specific violations found and establish a specific and reasonable period of time for correction. (Ord. 85-2 § 10(b), 1985).

8.16.210 Inspection – Critical items in violation.

All critical items as noted on the inspection form must be corrected immediately. (Ord. 85-2 § 10(c), 1985).

8.16.220 Inspection – Other items in violation – Compliance schedule.

All other items in violation will be corrected prior to the next routine inspection, unless a compliance schedule is established, listing items to be corrected with specific and reasonable time periods allowed to correct such items. The compliance schedule will be dated and signed by the health officer and the owner/operator or person in charge of the food service establishment. A compliance schedule is a contract and is considered to be a binding agreement between the food service establishment and the health department. (Ord. 85-2 § 10(d), 1985).

8.16.230 Examination – Hold orders – Condemnation – Destruction of food.

Food may be examined or sampled by the health officer as often as necessary for enforcement of these regulations. The health officer may, upon written notice to the owner or person in charge, place a written hold order on any food which he/she determines or has probable cause to believe to be unwholesome, or otherwise adulterated, mislabeled, contaminated, spoiled, or stored at temperatures not in compliance with these regulations, or from an unapproved source. The health officer shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The health officer shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction will be ordered and accomplished. The hold order shall state that a written request for hearing may be filed with the health officer within 10 calendar days, and that if no hearing is requested and if the health officer does not vacate the hold order, then the food shall be destroyed under the supervision of the health officer. On the basis of evidence produced at the hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of the regulations set out in this chapter. (Ord. 85-2 § 11, 1985).

8.16.240 Emergent health hazard – Action taken.

In the event of a fire, flood, or similar event that might result in the contamination of food, or that might prevent potentially hazardous and/or perishable food from being held at required temperatures, the person in charge shall immediately contact the health officer. Upon receiving notice of these occurrences, the health officer shall take whatever action deemed necessary to protect the public health. (Ord. 85-2 § 12, 1985).

8.16.250 Variance.

The health officer, upon written petition of the food service establishment, may grant a variance to any section or sections of these regulations set out in this chapter covering physical facilities and equipment standards when no health hazard would exist as a result of this action and the variance is consistent with the intent of these regulations and Chapter 248-84 WAC. (Ord. 85-2 § 13, 1985).

8.16.260 Violation – Penalty.

Any person violating or refusing or neglecting to comply with these regulations, and upon conviction, shall be guilty of a misdemeanor. Each person is guilty of a separate offense for each and every day or portion thereof during which the violations of the regulations set out in this chapter continue. Penalty upon conviction shall be punishable by a fine of not more than $500.00, or by imprisonment for not more than 90 days or both such fine and imprisonment. (Ord. 85-2 § 15, 1985).

Prior legislation: Ord. 68-1, Res. 27-112, Res. dated 1-1-79.