WAC 246-282-092   Inspection by department.  (1) The department enters and inspects any harvest site, physical facility, vehicle or vessel used by a shellfish operation as often as necessary to determine compliance with chapter 69.30 RCW, this chapter, and the NSSP Model Ordinance.

     (2) The department inspects each shellfish operation:

     (a) A minimum of once per year;

     (b) Before issuing a new shellfish operation license to a person;

     (c) Before a shellfish operation uses any physical facility for the first time; and

     (d) Before the shellfish operation uses any extensively remodeled physical facility.

     (3) If the department determines by inspection that an owner, person in charge, or any person working on behalf of the shellfish operation is in violation of any of the requirements of chapter 69.30 RCW, this chapter, or the NSSP Model Ordinance, then the department may conduct a reinspection of the shellfish operation. If the same violation is identified by the department during the reinspection, then another reinspection may be conducted by the department within one month. The department may charge the owner of a shellfish operation a fee for a second or subsequent reinspection.

     (4) If necessary to conduct an inspection, then the department may apply to a court of competent jurisdiction for an administrative warrant in accordance with RCW 69.30.120.

     (5) During inspections, the department has free and unimpeded access to any of the following in order to determine whether the operation is in compliance with chapter 69.30 RCW, this chapter, and the NSSP Model Ordinance:

     (a) Buildings, yards, warehouses, storage facilities, transportation facilities, vehicles, vessels and other places reasonably considered to be or to have been used in connection with the shellfish operation;

     (b) Ledgers, books, accounts, memorandums, or records reasonably believed to be or to have been used in connection with the shellfish operation;

     (c) Shellfish, shellfish products, components, or other materials reasonably believed to be or to have been used, processed or produced by or in connection with the shellfish operation;

     (d) Copies of any documents reasonably believed to be or to have been used in connection with the shellfish operation; and

     (e) Samples of shellfish to determine whether they are safe for human consumption.

     (6) The department may inspect shellfish growing areas at any time of day and will inspect any other aspect of a shellfish operation:

     (a) Between 8:00 a.m. and 5:00 p.m. on any weekday that is not a legal holiday;

     (b) During any time the shellfish operation has established as its business hours;

     (c) During any time the shellfish operation is open for business or is otherwise in operation; and

     (d) During any other time with the consent of the owner or the person in charge of the shellfish operation.



[Statutory Authority: RCW 69.30.030 and 43.20.030. 01-04-054, § 246-282-092, filed 2/5/01, effective 3/8/01.]