Food Code Changes

The Washington State Food Code changes begin on March 1, 2022. We have created a Food Code Updates webpage dedicated to the upcoming changes. This is a great place to find new guidance and resources that have been created to help meet the new requirements. This newsletter will focus on some of the main changes to be aware of. We will start with 3 code changes that every food establishment should start working on now.

1. Clean Up Plan of Vomit and Diarrhea Events (Code Section 02500)

Establishments must have written procedures for employees to follow when responding to events that involve the discharge of vomit or fecal matter onto surfaces in the food establishment. The procedures must include specific actions employees must take to clean and sanitize the area to:

Minimize vomit and fecal matter exposure to employees and customers.
Minimize the contamination of food and surfaces.

The Washington State Department of Health is working on a template to help establishments with their written clean up procedures. We will email this out to everyone once it has been finalized and place it on our Educational Resources webpage. Employees must be trained so that they understand these written procedures. The plan should be specific to each facility, but must include the following information:

Quickly remove the ill person from the area.
Block off and clean the affected area. Other staff and customers must be 25 ft. away from the contaminated area.
Have available and use proper personal protective equipment like gloves and masks.
Use an approved disinfectant that will be effective against Norovirus (read the label).
Clean and disinfect contaminated surfaces. Norovirus contaminated materials should not be cleaned in the kitchen.
Procedures for disposal or disinfection of tools/equipment used for cleanup.
Dispose of any food that may have been directly or indirectly exposed.
Employee must change outer clothes after cleaning up the mess.
Watch for symptoms of illness after cleanup for at least 24 hours. Norovirus can be airborne and is very contagious.

2. Employee Health (Code Section 02205)

The information below must be provided to each food worker in a way that can be verified. The Person in Charge must be able to prove that every food worker has received this information.

Food workers must inform the Person in Charge if they have:
Diarrhea, vomiting, sore throat with fever, jaundice, a lesion on hand or wrist containing pus or an infected wound on hand or wrist that is open and draining.

Food workers must inform the Person in Charge if they are diagnosed with:
Norovirus, Hepatitis A virus, Shigella, Shiga-toxin producing E. coli, Salmonella Typhi (typhoid fever), Salmonella (non-typhoidal).

Some examples of verifiable methods:

Keeping a signed statement for each employee stating they have been made aware of this requirement.
Clearly posting the information in the employees work area or break room, with a sign-off sheet that employees sign once they have gone through it.
Creating a curriculum and keeping a roster of the employees that attend or go through that training.

The Snohomish Health District has created Restriction and Notification of Ill Food Workers posters and employee signature handouts to help you meet this requirement in a verifiable way. They are all located on our Educational Resources webpage.

3. Date Marking (Code Section 03526)

There are some specific foods that will need to be marked and used within 7 days. Those foods are refrigerated, ready-to-eat, perishable foods that are prepared in-house or in opened packages. This applies only to foods that will be held in the establishment for more than 24 hours. Written labels on food containers, day dots, or other systematic procedures that effectively track the expiration of foods are acceptable. The day of preparation counts as day one. If you combine any ingredients that are date marked, you must continue to use the earliest date for the new product.

If a food item has been cooled on-site and will be held in the establishment for more than 24 hours, date marking will be required, starting with the first day of cooling. Below are some other examples of foods that require date marking, as well as some exceptions:

Dogs in Food Establishments

(Code Section 06570)

Changes in the food code will allow facilities the option to welcome a new kind of patron: dogs. Interested in allowing your customers to bring their furry friends? Here’s what you need to know:

Under certain conditions, and under an approved plan, dogs may be allowed in outdoor seating areas. These conditions are important for preventing contamination by keeping dogs away from food and food-prep areas. ALL conditions must be met to safely allow dogs onto the premises.

Notifications. A plan must be submitted to the health district for approval.
No seat at the table. All dogs must be kept under control by their owners. This means on a leash or in a pet carrier. Dogs are not allowed on chairs, tables, or benches.
Look, but don’t touch. It can be difficult to resist the urge, but employees may not pet, hug, or have any direct contact with the dogs while they are working. Thinking of providing bowls for water or treats? Be aware that dog dishes may NOT be washed on-site.
Clean up! Accidents happen. The important thing is making sure they are cleaned up quickly. Keep the area clear of any animal waste.
No outdoor food preparation. Food and drinks may not be prepared in outdoor areas that allow dogs. Do not store utensils in this area, either. Be sure an outer entrance is available. Dogs needing to pass through the establishment to reach the outdoor area is not allowed.
Dogs inside? Establishments that only pour beverages produced in a licensed processing plant, such as beer or wine, may allow dogs inside. Indoor areas must keep signage posted notifying customers that dogs are allowed inside. Snohomish Health District must be notified in advance prior to allowance of dogs inside.

Keep in mind that service dogs are always welcome in areas where the public is allowed to go. Service animals are working animals that are trained to perform a specific task for a person with a disability.

Partially Cooked Finfish Consumer Advisory

(Code Section 03620)

Fresh, unfrozen finfish, such as halibut or salmon, may be served to your customers partially cooked, if:

It is upon customer request only.
The menu item is clearly disclosed as being able to be ordered undercooked.
The customer is reminded of the risks related to consuming fresh, partially cooked fish, which must include mention of parasites. This reminder must be separate from other consumer advisories on your menu.

For examples of what the consumer advisories should look like, use our Partially Cooked Finfish Consumer Advisory handout.

Refillable Reusable Containers

(Code Section 03348)

The new code allows for containers to be refilled or reused if certain requirements are met. There are different requirements for containers that are provided by the food establishment or containers that are brought in by the customer.

Other Food Code Changes

The first and last date that shell stock from a container is sold or served must be recorded on the label. That label must be kept for 90 days after the last is used. (Code section 03290)
Cook Hamburger to an internal temperature of 158°F or above for safety. (Code Section 03400)
The term TCS (Time/Temperature Control for Safety) replaces PHF (Potentially Hazardous Food) (Code Section 01115 (127))
Sanitizers are required during ALL hours of operation, not just during food preparation. (Code Section 04350)
Surfaces used with raw fish must be washed, rinsed, and sanitized before using the same surface for other species. (Code Section 04605)

Educational Resources

Check out the Food Safety Educational Resources page. Handouts and posters have been updated with the new code information. Newly created resources have been added and will continue to be added as the food code change goes into effect.

Certified Food Protection Manager

(Code Sections 02107 & 02110)

By March 2023, the new food code will require each food service establishment to have a Certified Food Protection Manager (CFPM). This CFPM will need to have passed an American National Standards Institute (ANSI) approved food manager test. This is a list of the ANSI six approved courses that will meet that requirement.
Five things to note about the new requirement:

The CFPM does not need to be on-site, although a copy of the certificate does. This means that not all managers need to be certified. You could have one person designated as the CFPM for the food service establishment or even several establishments.
An establishment will have 60 days to replace a CFPM if their previous CFPM leaves.
The CFPM will be responsible for implementing a food protection program which helps each Person in Charge (PIC) and any other employees follow the food code.
The CFPM will be responsible for training each PIC so that they understand food safety concepts and are able to demonstrate knowledge and maintain Active Managerial Control (AMC).
A CFPM is not required to take a class, although it is encouraged. They are just required to pass one of the ANSI approved food manager tests.

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