Chapter 24.03
FOOD SERVICE RULES AND REGULATIONS

Sections:

24.03.010    Authority.

24.03.020    Rules and inspection report form 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 Chapter 246-215 WAC, Food Service. (Ord. 2014-016 Exh. A; Ord. 89-24 (part)).

24.03.020 Rules and inspection report form adopted.

A. Whatcom County hereby adopts Chapter 246-215 WAC, Retail Food Code. If a conflict arises between Chapter 246-215 WAC and this chapter, as amended, the more restrictive regulation shall prevail. Whatcom County will automatically incorporate any subsequent amendments to Chapter 246-215 WAC into this chapter.

B. DOH Form 332-035, Food Establishment Inspection Report, or other inspection form approved by DOH, and accompanying hazard point values for red high risk factors and blue low risk factors, as presently adopted and hereafter amended are adopted by reference. (Ord. 2014-016 Exh. A; 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:

A. “Blue low risk factors” means those sanitation, design and maintenance items which are less critical than red high risk factors, as defined on DOH Form 332-035, Food Establishment Inspection Report.

B. “Food establishment” means all types of establishments as defined in Chapter 246-215 WAC, Part 1.

C. “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 the food service establishment inspection report.

D. “Health officer” means the legally designated health officer as defined in RCW 70.05.010.

E. “Imminent health hazard” means a condition described in Chapter 246-215 WAC, Part 1 that presents a significant threat or danger to health.

F. “Red high risk factors” means those food quality and handling items which are most important in the protection of health, as defined on DOH 332-035, Food Establishment Inspection Report.

G. “Regulatory authority” means the Whatcom County health department.

H. “Temporary food establishment” means all types of establishments as defined in Chapter 246-215 WAC, Part 1. (Ord. 2014-016 Exh. A; Ord. 89-24 (part)).

24.03.040 Permits.

A. Permits issued by the regulatory authority will be required as provided in WAC 246-215-08300. Permits shall expire on the date stated on the permit but in no case shall they be valid for more than one year.

B. Permits for all food establishments except temporary food 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 establishments will expire on the date stated on the permit, but in no case shall they be valid for more than one year.

D. Permits will be suspended and reinstated as provided in WAC 246-215-08600. In addition to those stated in WAC 246-215-08600, any one of the following shall be grounds for suspension of a permit:

1. Refusal or inability to correct immediately any red high risk factor violation; or

2. Finding the same red high risk factor violation on two inspections within six months; or

3. Finding of 40 red high risk factor 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 imminent health hazard as a result of conditions defined in Chapter 246-215 WAC, Part 1. These conditions include fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne disease outbreak, gross insanitary occurrence or condition, or other circumstance that might endanger public health.

5. Obstructing a food safety inspector.

6. Violating the terms of permit issuance.

7. Service of unsafe or adulterated food.

8. Failing to provide hot water as required in the WAC 246-215-05210.

9. Failing to adhere to the terms of a compliance agreement.

10. Refusing to correct violations as ordered by a food safety inspector.

E. Permits will be revoked as provided in WAC 246-215-08600. (Ord. 2014-016 Exh. A; Ord. 90-10 Exh. A (part); Ord. 89-24 (part)).

24.03.060 Fees.

Permit fees shall be established by the Whatcom County council and shall be based on the cost of the inspection service. Failure to pay fines or fees may result in non-issuance of a permit. (Ord. 2014-016 Exh. A; 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. 2014-016 Exh. A; Ord. 89-24 (part)).