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Home My WebLink Aboutord2014-016 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-090 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: .1W 11-20-13 2/11/14 Introduction 1120/13 _ 2/25/14 PW / Council Division Head: E (C E /�II E D Dept.Head: ( t.,3 �J L� V Prosecutor: -w27-( f FEB 0 4 2014 Purchasing/Budget: '� c fq WHATCOM COUNTY Executive: . Ab-d -/ COUNCIL TITLE OF DO IM' T: Ordinance amending WCC 24.03, Food Service Rules and Regulations ATTACHMENTS: Food Code Ordinance Strike out version of proposed amendments to WCC 24.03, Food Service Rules and Regulations Exhibit A Final version of WCC 24.03, Food Service Rules and Regulations SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The purpose of the proposed amendments to WCC 24.03 is to adopt the language in Exhibit A which meet the intent of the newly revised Chapter 246.215 WAC - Food Service Rules and Regulations COMMITTEE ACTION: COUNCIL ACTION: 2/11/2014: Introduced 2/25/2014: Council Adopted 5-0, Kremen and Weimer absent (Council acting as the Whatcom County Board of Health) Ord. 2014-016 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Ord. 2014-016 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. Food Service Rules 2014 SPONSORED BY: CONSENT PROPOSED BY: HEALTH INTRODUCTION DATE: FEBRUARY 11, 2014 ORDINANCE NO. 2014-016 AMENDING WHATCOM COUNTY CODE 24.03, FOOD SERVICE RULES AND REGULATIONS WHEREAS, the State Board of Health enacted revisions to Washington Administrative Code (WAC) Chapter 246-215 Retail Food Code effective May 1, 2013; and WHEREAS, local Boards of Health are required to adopt the revised WAC by reference or local regulations that are as stringent; and WHEREAS, the proposed amendments to Whatcom County Code (WCC) 24.03, as outlined in Exhibit A to this ordinance, meet the intent of WAC 246.215. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, acting as the Whatcom County Board of Health, that WCC 24.03, Food Service Rules and Regulations, is hereby amended as outlined in Exhibit A to this ordinance. BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. BE IT FURTHER ORDAINED that the Council hereby declares that it would have passed this code and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, and the original ordinance or ordinances shall be in full force and effect. BE IT FINALLY ORDAINED that the amended WCC 24.03 set forth in Exhibit A shall be effectiVe•MMN,, 2013. J .,,. �..`ADbl� a1 day of February , 2014. .. ..,•2,,\'0 t �'� OOV� c WHATCOM COUNTY BOARD OF HEALTH A . --. 01& WHATCOM COUNTY, WASH. NGTON DanaTrown"Davjs,•Cierk of the Council Carl •eimer, Chair f/ APPROVED A 0 •.: ' : ( Approved ( ) Denied Royc "W- r , Civil Deputy Prosecutor Jack Louws County E:ecutive Date: Z/ -7 A-7 EXHIBIT A (FOOD SERVICE RULES AND REGULATIONS) WHATCOM COUNTY CODE 24.03 FOOD SERVICE RULES AND REGULATION 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 246-215 food service. 24.03:020 Rules and inspection report form adopted. A. Whatcom County hereby adopts the Washington Administrative Code Chapter 246-215 Retail Food Code. If a conflict arises between WAC 246-215 and WCC 24.03 as amended, the more restrictive regulation shall prevail. Whatcom County will automatically incorporate any subsequent amendments to WAC 246-215 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. 24.03.030 Definitions. For the purposes of this chapter, the words set out in this section shall have the following meanings: 1. "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. 2. "Food establishment" means all types of establishments as defined in WAC 246-215, part 1. 3. "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. 4. "Health officer" means the legally designated health officer as defined in RCW 70.05.010. 5. "Imminent health hazard" means a condition described in WAC 246-215, part 1 that presents a significant threat or danger to health. 6. "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. 7. "Regulatory Authority" means the Whatcom County Health Department. 8. "Temporary food establishment" means all types of establishments as defined in WAC 246-215, part 1. 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 WAC 246-215, 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. (Ord. 90-10 Exh. A (part); Ord. 89-24 (part)). 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. 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. 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.