Dear food service operators,

The Washington State Department of Health recently shared a printable copy of WAC 246-215 (Food Code) with the sections that become effective on January 15, 2021.

The PDF version of WAC 246-215 has been posted to the food rule revision website. Due to the staggered implementation of the revised rule, the PDF includes a preface to explain the sections that are effective 1/15/2021 and guidance for the definitions that have been deleted, even though the provisions in the rule are still in effect.

Full link to the rule revision webpage: https://www.doh.wa.gov/CommunityandEnvironment/Food/FoodWorkerandIndustry/FoodSafetyRules/FoodCodeRuleRevision
Short link that is easier to share, but will need an additional click to get to the rule revision webpage: https://www.doh.wa.gov/foodrules

The following updated materials are posted to the Food Rule Revision Website linked above:

Retail Food Code, Chapter 246-215 WAC (PDF)
- This document includes all changes that are effective 1/15/21 identified in red font. None of the changes effective in March 2022 are included in this document.
Summary of Changes to Chapter 246-215 WAC (PDF)
- This 10-page document identifies the changes in the rule in order of appearance. Changes effective in 2021 are identified in red font; changes effective in 2022 are identified in black font. Note: All definitions are effective in 2021, but only the section header is in red font on this document.
Top 10 Proposed Changes to Chapter 246-215 WAC (PDF)
- This single page identifies the Top 10 changes that affect the majority of food establishments. Additionally, the right panel includes the sections that are effective in January 2021.
Concise Explanatory Statement, Chapter 246-215 WAC (PDF)
- This document clarifies any changes made from the rule presented to the public at the October 13, 2020 public hearing.
CR-103 Final Rule-Making Order (PDF)
- This document is the final language from the code reviser’s office that includes all of the changes to the official WAC 246-215. It includes all deletions and insertions made during this revision.
Significant Analysis (PDF)
- This document provides a cost benefit analysis of 27 of the provisions in the revised rule that meet the standard in RCW 34.05.328.

Based on stakeholder input, the food service rule becomes effective with a timeline staggered over the next 2.5 years.

Effective January 15, 2021: Rule sections addressing legislative changes
- WAC 246-215-01115 Definitions (including the removal of lemonade/beverage stands and certain B&B food service when meeting the criteria as defined in “FOOD ESTABLISHMENT”)
- WAC 246-215-03235 Receiving Temperature of Freshly-Made Rice Noodles
- WAC 246-215-06570 Pet dogs allowed indoors at food establishments with very limited food service
- WAC 246-215-09100 through WAC 246-215-09160 Mobile food units, commissaries, mobile plan review
Effective March 1, 2022: All remaining provisions of the rule excluding the Certified Food Protection Manager certification requirement
Effective March 1, 2023: Certified Food Protection Manager certification requirement

The adopted revisions incorporate the 2017 U.S. Food and Drug Administration (FDA) Food Code with Washington modifications that address legislative changes and food safety issues raised by stakeholders. Major provisions of the adopted rule include:

Active Managerial Control and the duties of the Person in Charge.
Certified Food Protection Manager requirements.
Refilling reusable consumer-owned containers.
Date marking for 7-day shelf life of unpackaged refrigerated foods.
Employee health, illness and hygiene.
Clean up procedures for vomit and diarrhea.
Allowable bare hand contact with ready-to-eat food.
Mobile food unit requirements, including commissaries and plan review.
Donated food operating requirements, facility clarifications, and modifications to food source.
Cooking temperatures for poultry and ground meat.
Modification of consumer advisory and requirements for parasite reduction in fresh fish.
Dogs in select indoor and outdoor areas of food establishments.

Please contact our Environmental Health Office at 425.339.5250 or ehquestions@snohd.org with questions.

Thank you for all you are doing to keep Snohomish County healthy.

- Snohomish Health District Food Program

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