Chapter 24.03
FOOD SERVICE RULES AND REGULATIONS
Sections:
24.03.010 Authority.
24.03.020 Rules adopted.
24.03.030 Definitions.
24.03.040 Permits.
24.03.060 Fees.
24.03.070 Severability
24.03.010 Authority.
Pursuant to RCW 70.05.060 these rules and regulations are adopted for the purpose of implementing and enforcing WAC 248-84-001 through 248-84-999, rules and regulations of the State Board of Health for food service sanitation. (Ord. 89-24 (part)).
24.03.020 Rules adopted.
A. WAC 248-84-001 through 248-84-999, Food Service Sanitation, as presently adopted and hereafter amended are adopted by reference.
B. DSHS Form 9-106, Food Service Establishment Inspection Report and accompanying hazard point values for red critical and blue items, as presently adopted and hereafter amended are adopted by reference. (Ord. 89-24 (part)).
24.03.030 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
“Blue items” means those sanitation, design and maintenance items which are less critical than red items, as defined on DSHS 9-106, Food Service Establishment Inspection Report.
“Board of health” means Whatcom County council.
“Food service establishment” means all types of establishments listed in WAC 248-84-002 Section 11, with the following modifications:
1. “Retail grocery store” means a food service establishment listed in which all potentially hazardous foods or beverages are received and sold prepackaged.
2. “Retail meat and fish markets” means a food service establishment in which potentially hazardous meat or fish products are cut and/or packaged, but not cooked. This type of establishment includes grocery stores with fresh meat and/or fish.
3. “Tavern” means an establishment in which alcoholic beverages are the primary sales, and food service is limited to food items that are received and sold prepackaged.
“Hazard points” means a value score for each type of violation noted at the time of inspection. The value of each type of violation is printed on DSHS 9-106, Food Service Establishment Inspection Report.
“Health officer” means the legally designated health officer as defined in RCW 70.05.010.
“Red critical items” means those food quality and handling items which are most important in the protection of health, as defined on DSHS 9-106, Food Service Establishment Inspection Report. (Ord. 89-24 (part)).
24.03.040 Permits.
A. Permits will be required as provided in WAC 248-84-070.
B. Permits for all food service establishments except temporary food service establishments will be issued to be effective from the time of an initial satisfactory inspection and payment of the permit fee for a period not to exceed one year.
C. Permits for temporary food service establishments will expire at the end of the event for which they are issued, but in no case shall this exceed 14 calendar days.
D. Permits will be suspended and/or reinstated as provided in WAC 248-84-070. Any one of the following shall be grounds for suspension of a permit:
1. Refusal to correct immediately any red critical item violation; or
2. Finding the same red critical item violation on two inspections within six months; or
3. Finding of 40 red critical item hazard points or 100 total red and blue hazard points twice within a 12-month period; or
4. Finding that continued operation would otherwise constitute an immediate and substantial hazard to public health. (Ord. 90-10 Exh. A (part); Ord. 89-24 (part)).
24.03.060 Fees.
Permit fees shall be established yearly by the council and shall be based on the cost of the inspection service. (Ord. 89-24 (part)).
24.03.070 Severability.
If any provision of this regulation or its application to any person or circumstance is held invalid, the remainder of the regulation or the application of the provisions through other persons or circumstances is not affected. (Ord. 89-24 (part)).