WAC 246-215-011   Definitions.  (1) This section establishes definitions that are additional to those in the Food Code or that modify definitions in the Food Code.

     (2) "Bed and breakfast operation" means a private home or inn offering one or more lodging units on a temporary basis to travelers.

     (3) "Catering operation" means a person contracted to prepare food in an approved food establishment for final cooking or service at another location.

     (4) "Commissary" means an approved food establishment where food is stored, prepared, portioned, or packaged for service elsewhere.

     (5) "Critical item," as defined in Food Code subparagraph 1-201-10 (B)(19), does not apply.

     (6) "Donated food distributing organization" means a charitable nonprofit organization under section 501(c) of the federal Internal Revenue Code that distributes food free of charge and includes any nonprofit organization that distributes food free of charge to the public.

     (7) "Donor" means a person, corporation, association, or other organization that donates food to a donated food distributing organization under the provisions of chapter 69.80 RCW, known as the Good Samaritan Food Donation Act.

     (8) "Donor kitchen" means a kitchen that is used by a donor to handle, store, or prepare food for donation to needy persons through a donated food distributing organization and which is not a residential kitchen in a private home.

     (9) "Drinking water" means potable water that is supplied in compliance with chapters 246-290 and 246-291 WAC.

     (10) "Egg" means the shell egg of the domesticated chicken, turkey, duck, goose, guinea, or any other species of fowl.

     (11) "Food Code" means the 2001 edition of the Food Code of the United States Public Health Service, Food and Drug Administration.

     (12) "Food establishment" is amended in Food Code subparagraph 1-201.10 (B)(36)(c) to not mean:

     (a) An establishment that offers only nonpotentially hazardous foods prepackaged in a licensed food establishment or food processing plant;

     (b) An establishment that offers only nonpotentially hazardous, nonready-to-eat, minimally cut, unprocessed fruits and vegetables;

     (c) A food processing plant or other establishment for activities regulated by the Washington state department of agriculture or the U.S. Department of Agriculture;

     (d) An establishment that offers only nonpotentially hazardous, ready-to-eat foods produced in a licensed food establishment or food processing plant (such as premixed soda pop, powdered creamer, pretzels, cookies, doughnuts, cake, or meat jerky) that are served without direct hand contact, with limited portioning, directly onto or into sanitary single-use articles or single-service articles from the original package;

     (e) An establishment that offers only nonpotentially hazardous hot beverages (such as coffee, hot tea, or hot apple cider) served directly into sanitary single-service articles;

     (f) An establishment that offers only dry, nonpotentially hazardous, nonready-to-eat foods (such as dry beans, dry grains, in-shell nuts, coffee beans, tea leaves, or herbs for tea);

     (g) An establishment that offers only prepackaged frozen confections produced in a licensed food establishment or food processing plant;

     (h) A residential kitchen in a private home or other location, if only foods that are nonpotentially hazardous baked goods are prepared and wrapped in a sanitary manner for sale or service by a nonprofit organization operating for religious, charitable, or educational purposes and if the consumer is informed by a clearly visible placard at the sales or service location that the foods are prepared in a kitchen that is not inspected by a regulatory authority;

     (i) A location where foods that are prepared as specified in (h) of this subsection are sold or offered for human consumption;

     (j) A kitchen in a private home operated as a family day care provider as defined in RCW 74.15.020 (1)(f) or an adult family home as defined in RCW 70.128.010, used only to prepare food for residents and other people for whom the operation is licensed to provide care;

     (k) A private home that receives catered or home-delivered food;

     (l) A private home or other location used for a private event;

     (m) A donor kitchen; and

     (n) A location used for a potluck.

     (13) "Food worker card" means a food and beverage service worker's permit as required under chapter 69.06 RCW.

     (14) "Immediate service" means service to the public within thirty minutes of preparation.

     (15) "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on:

     (a) A breakdown or lack of equipment or power causing improper temperature control for potentially hazardous food;

     (b) A lack of water preventing adequate handwashing, equipment cleaning, or sanitizing;

     (c) An emergency situation caused by accident or natural disaster, such as fire, flood, or building collapse;

     (d) A sewage backup or sewage contamination within a food establishment; or

     (e) An occurrence of an outbreak of foodborne illness linked to the food establishment.

     (16) "Local board of health" means the county or district board of health.

     (17) "Local health officer" means the legally qualified physician who has been appointed as the health officer for the county or district public health department.

     (18) "Mobile food unit" means a readily movable food establishment.

     (19) "Person in charge" means the individual present at a food establishment who is responsible for the operation at the time.

     (20) "Potentially hazardous food," is amended in Food Code subparagraph 1-201.10 (B)(65)(b) to include "fresh herb-in-oil mixtures," unless modified in a way that results in mixtures that do not support growth as specified under subparagraph 1-201.10 (B)(65)(a).

     (21) "Potluck" means an event where:

     (a) People are gathered to share food;

     (b) People attending are expected to bring food to share;

     (c) There is no compensation provided to people for bringing food to the event;

     (d) There is no charge for any food or beverage provided at the event; and

     (e) The event is not conducted for commercial purposes.

     (22) "Private event" means a private gathering restricted to members and guests of members of a family, organization, or club; where the event is not open to the general public; and where food is provided without compensation.

     (23) "Public water system" means a drinking water system that is operated in compliance with chapters 246-290 and 246-291 WAC.

     (24) "Regulatory authority" means the local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishment. The local board of health, acting through the local health officer, is the regulatory authority for the activity of a food establishment, except as otherwise provided by law.

     (25) "Service animal" means an animal that is trained for the purpose of assisting or accommodating a disabled person's sensory, mental, or physical disability.

     (26) "Temporary food establishment" means a food establishment:

     (a) Operating at a fixed location, with a fixed menu, for not more than twenty-one consecutive days in conjunction with a single event or celebration, such as a fair or festival; or

     (b) Operating not more than three days a week at a fixed location, with a fixed menu, in conjunction with an approved, recurring, organized event, such as a farmers market.



[Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. 04-22-111, § 246-215-011, filed 11/3/04, effective 5/2/05.]