Chapter 8.50


8.50.010    Purpose and authority.

8.50.020    Title.

8.50.030    Adoption of codes - Health officer definition.

8.50.040    Compliance and enforcement.

8.50.050    Permits required, suspension, revocation, enforcement.

8.50.060    Service of notices.

8.50.070    Hearings.

8.50.080    Interpretation.

8.50.090    Disclaimer of liability.

8.50.100    Penalties.

8.50.010 Purpose and authority.

The purpose of this chapter is to adopt State Board of Health standards for food service to promote and protect the health, safety, and well-being of the public and prevent the spread of disease through food. This chapter is authorized by RCW 70.05.060. [Ord. 1251, 2013]

8.50.020 Title.

The regulations contained herein shall be known as the food service sanitation regulations of the Lewis County board of health. [Ord. 1251, 2013]

8.50.030 Adoption of codes - Health officer definition.

(1) The Washington State Board of Health Rules and Regulations for Food Service, codified as Chapter 246-215 WAC, as now or hereafter amended, are adopted by reference, except as amended herein, as the rules and regulations governing food service sanitation in Lewis County.

(2) The 2009 Food Code of the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration is adopted herein by reference, except as amended by Chapter 246-215 WAC, as part of this chapter. The Food Code is available as report number PB 2009112613 through the U.S. Department of Commerce, Technology Administration, National Technical Services.

(3) The Washington State Retail Food Code Working Document, published by the Washington State Department of Health, is adopted by reference as a guidance document to aid in understanding and interpreting the Food Code.

(4) For the purpose of this chapter, “health officer” means the Lewis County health officer, as defined in Chapter 70.05 RCW, or the health officer’s duly authorized representative. [Ord. 1251, 2013]

8.50.040 Compliance and enforcement.

WAC 246-215-08 is adopted by reference. The health officer may develop policies and procedures prescribing inspection frequency based on performance and risk, and providing for timely correction of critical and noncritical violations. [Ord. 1251, 2013]

8.50.050 Permits required, suspension, revocation, enforcement.

WAC 246-215-08600 is revised to read as follows:

(1) Any person operating a food establishment without a valid permit issued by the health officer may be guilty of a misdemeanor under RCW 70.05.120 and this chapter.

(2) The health officer may suspend any permit to operate a food establishment if:

(a) Continued operation of the food establishment constitutes an imminent or actual health hazard;

(b) Operations, facilities, or equipment in the food establishment fail to comply with these regulations;

(c) The permit holder does not comply with these regulations; or

(d) Interference with the health officer in the performance of his duties has occurred.

(3) When the health officer has suspended a food establishment permit, the permit holder or person in charge:

(a) Will be notified in writing by the health officer that the food establishment permit is immediately suspended upon service of the notice;

(b) Must immediately cease all food service operations until a hearing with the health officer finds the operation to be in compliance with the requirements of these regulations;

(c) May request an administrative meeting by filing a written request for a hearing with the health officer within 10 days of receipt of the notice of suspension; and

(d) Will be notified, if a written request for an administrative meeting is not filed within 10 days that the suspension is sustained.

(e) Understands a request for an administrative hearing does not stay the notice of suspension.

(4) Any person whose food establishment permit has been suspended may at any time make written application for a reinspection for the purpose of reinstatement of the permit. The application must include a signed statement explaining how the conditions causing the suspension of the permit have been corrected.

(5) Following receipt of a written request for a reinspection, the health officer may make a reinspection, and reinstate the permit if the person is in compliance with these regulations and the health officer determines that an administrative meeting is not necessary to assure continued compliance.

(6) The health officer may revoke a food establishment permit after providing the permit holder an opportunity for an administrative meeting if:

(a) Serious and repeated violation(s) of any requirements of these regulations have occurred; or

(b) Repeated interference with, or assault upon a representative of the health officer in the performance of his/her duty, has occurred.

(7) Before revocation, the health officer will notify, in writing, the permit holder of the specific reason(s) why the permit is to be revoked. The notice will state:

(a) An opportunity for a hearing on the revocation of a permit will be provided pursuant to Chapter 2.25 LCC;

(b) A request for a hearing does not stay the notice of revocation;

(c) That the permit will be revoked at the end of 10 calendar days following the notice unless a written request for a hearing is filed by the permit holder within such 10-day period; and

(d) If a request for a hearing is not filed by the permit holder within the 10-day period, the revocation of the permit becomes final.

(8) Any person whose food establishment permit has been revoked by the health officer after a period of six months, may:

(a) Make written application for a new permit; and

(b) Request an administrative meeting with the health officer to determine whether a new permit will be issued.

(9) The health officer may initiate any one, or a combination of, compliance methods that include, but are not limited to:

(a) Holding an administrative conference with the food establishment permit holder or person in charge;

(b) Placing the food establishment on probation, which may include but is not limited to, limitations on menu and/or hours of operation, more frequent inspections, or other special conditions;

(c) Setting conditions for continued operation of the food establishment, by the permit holder, during the probation period;

(d) Requiring additional education and/or training of employees, management, and owners of the food establishment; and

(e) Completing a hazard analysis critical control point (HACCP) evaluation and requiring monitoring procedures be implemented for critical control points identified.

[Ord. 1251, 2013]

8.50.060 Service of notices.

(1) A notice provided for in these regulations is properly served when it is:

(a) Delivered to the permit holder;

(b) Delivered to the person in charge of the food establishment; or

(c) Sent by registered or certified mail, return receipt requested, to the business address of the permit holder shown on the permit application or last permit renewal.

(2) A copy of the notice will be filed in the records of the health department. [Ord. 1251, 2013]

8.50.070 Hearings.

WAC 246-215-08610 is amended to read as follows:

(1) The administrative meetings and/or hearings provided for in these regulations will be conducted by the health officer or its designee; and conducted in accordance with Chapter 2.25 LCC, Hearing Examiner. A written request must be filed with the clerk to the board of health within 10 calendar days of the date of the action, and shall be accompanied by a filing fee as specified in the Lewis County schedule of fees.

[Ord. 1251, 2013]

8.50.080 Interpretation.

(1) The health officer shall enforce this chapter and the state food service regulations in accordance with the interpretations contained in the 2009 Edition of the Food Code of the United States Public Health Service, Food and Drug Administration, where applicable.

(2) The Washington State Retail Food Code Working Document may be used as a guidance document to aid in understanding and interpreting the Food Code. [Ord. 1251, 2013]

8.50.090 Disclaimer of liability.

Lewis County is not responsible for the accuracy of plans (preliminary or final) submitted for review and does not guarantee that the plan reviews and/or inspections will detect all hazards, design defects or code violations. [Ord. 1251, 2013]

8.50.100 Penalties.

Any person violating, refusing, or neglecting to comply with these regulations:

(1) Will, upon conviction, be guilty of a misdemeanor under RCW 70.05.120; or

(2) May be subject to a civil penalty under LCC 1.20.020. [Ord. 1251, 2013]