Chapter 8.01
FOOD SERVICE SANITATION CODE

Sections:

8.01.010    Statutory provisions – Adopted by reference – Scope.

8.01.020    Administrative provisions – Adopted by reference – Scope.

8.01.030    Permit fees.

8.01.040    Mobile food units – Additional requirements.

8.01.050    Mobile unit refrigeration and freezing requirements – Additional requirements.

8.01.060    Violation – Penalty.

8.01.070    Statutory and administrative provisions – Amendments or changes included.

8.01.080    Filing of provisions for public examination.

8.01.010 Statutory provisions – Adopted by reference – Scope.

The following statutes are adopted by reference as and for a portion of the food service sanitation code of this city as if set forth in full in this section, with the exception of a penalty provision thereof which are superseded by the penalty provisions of this chapter as set forth in Section 8.01.060.

RCW 69.06.010    Food and Beverage Service Worker Permit – Filing and Duration

RCW 69.06.020    Permit Exclusive and Valid Throughout State – Fee

RCW 69.06.030    Diseased Persons – May Not Work – Employer May Not Hire

RCW 69.06.040    Application of Chapter to Retail Food Establishments

RCW 69.06.045    Application of Chapter to Temporary Food Service Establishments

RCW 69.06.050    Permit to be Secured Within 30 Days from Time of Employment

(Ord. 95-7 § 1(Exh. A)(part), 1995).

8.01.020 Administrative provisions – Adopted by reference – Scope.

The rules and regulations of the Washington State Board of Health for Food Service Sanitation (WAC 246-84) adopted March 11, 1992, are adopted by reference as and for a portion of the food service sanitation code of this city as if set forth in full in this section, together with additions thereto as set forth in this chapter. All amendments and additions to the rules and regulations of the Washington State Board of Health for Food Service Sanitation, when printed and filed with the county auditor, shall become amendments and additions to this chapter. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.01.030 Permit fees.

There shall be paid by food processing establishments or food service establishments prior to their operation within the city limits, those certain permit fees established by the Walla Walla county-city health department as are now in effect or as are hereafter amended. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.01.040 Mobile food units – Additional requirements.

As additional requirements to the provisions of WAC Chapter 246-84, potentially hazardous foods as defined in WAC Chapter 246-84 shall only be sold from a nontemporary mobile food unit under the following conditions:

A. If a mobile food unit is operating as an extension of a permanent nonmobile food service establishment already in possession of a valid food service permit issued by the Walla Walla county-city health officer, the mobile food unit may operate under the provisions of WAC 246-84.

B. If, however, a mobile unit is not an extension of a permanent, nonmobile service establishment in possession of a valid food service permit issued by the Walla Walla county-city health officer, the unit must meet all of the requirements, rules and regulations of the Washington State Board of Health including toilet, hand washing and water supply requirements. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.01.050 Mobile unit refrigeration and freezing requirements – Additional requirements.

A. A permanent nondelivery type mobile food unit providing potentially hazardous foods must be provided with standard mechanical refrigeration capable of maintaining food temperatures at forty-five degrees Fahrenheit or below at all times and/or a standard mechanical freezer unit capable of maintaining the food in a frozen state at all times. However, certain frozen dairy products may be sold without a mechanical freezer if an adequate supply of dry ice is provided.

B. If a permanent food service establishment holding a valid permit issued by the Walla Walla county-city health department makes deliveries for orders already placed, the delivery vehicle may be exempt from certain requirements of this section. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.01.060 Violation – Penalty.

Anyone violating or failing to comply with the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be subject to the penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a one thousand dollar fine or ninety days in jail or both. If no state law provides for such penalty, then the penalty shall be a one thousand dollar fine or ninety days in jail or both. Each day a violation of this chapter continues shall be considered a separate offense. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.01.070 Statutory and administrative provisions – Amendments or changes included.

The amendment, addition or repeal by the Washington State Legislature or state agency having jurisdiction of any section of any of the adopted statutes or administrative provisions shall be deemed to amend this chapter and the statutes and administrative provisions contained in this chapter which are adopted by reference in conformity with the amendment, addition or repeal, and it shall not be necessary for the legislative authority of this city to take any action with respect to such addition, amendment or repeal as provided by RCW 35A.12.140. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.01.080 Filing of provisions for public examination.

Incident to the adoption of the ordinance codified in this chapter, copies of the text of the adopted statutes and administrative provisions shall be filed in the office of the city clerk, as required by RCW 35A.12.140 for use and examination by the public. In addition, the office of the city clerk is authorized to codify and number the sections and subsections of the ordinance codified in this chapter to provide for uniformity and consistency with existing codifications and ordinances. (Ord. 95-7 § 1(Exh. A)(part), 1995).