Wash. Admin. Code § 246-215-08305

Current through Register Vol. 25-01, January 1, 2025

Section 246-215-08305 - Exempt from permit with approval

(1) The REGULATORY AUTHORITY may exempt a PERSON from the provisions of WAC 246-215-08600(1) and 246-215-08300 of this chapter in order to operate without a FOOD ESTABLISHMENT PERMIT, if the PERSON meets the other provisions of this chapter, including not using any FOOD prepared in a residential kitchen or other nonAPPROVED facility, and the types of FOOD served are limited to those specified in subsection (4) of this section.

(2) The PERSON requesting a PERMIT exemption under subsection (1) of this section shall submit a written application for an exemption on a form provided by the REGULATORY AUTHORITY at least 14 calendar days before providing FOOD service, or as otherwise required by the REGULATORY AUTHORITY.

(3) The PERSON requesting a PERMIT exemption under subsection (1) of this section shall submit properly prepared plans and specifications of the FOOD service facilities and EQUIPMENT if the REGULATORY AUTHORITY requires it, based on a review of the application for an exemption submitted under subsection (2) of this section.

(4) The PERSON requesting a PERMIT exemption under subsection (1) of this section shall limit FOOD handling to one or more of the following FOODS:

(a) Individual samples of nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD sliced fruits and vegetables;

(b) Popcorn and flavored popcorn prepared from commercially PACKAGED NON-TIME/TEMPERATURE CONTROL FOR SAFETY FOOD ingredients;

(c) Dried herbs and spices processed in an APPROVED facility;

(d) Crushed ice drinks containing only nonTIME/TEMPERATURE CONTROL FOR SAFETY FOOD ingredients and dispensed from a self-contained machine that makes its own ice. Drinks with TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, snow cones, and shaved ice are not included;

(e) Corn on the cob;

(f) Whole roasted peppers;

(g) Roasted nuts, roasted peanuts, and roasted candy-coated nuts;

(h) Chocolate-dipped ice cream bars prepared from prePACKAGED ice cream bars produced in a FOOD PROCESSING PLANT;

(i) Chocolate-dipped bananas prepared from bananas peeled and frozen in an APPROVED facility; and

(j) Cotton candy.

Wash. Admin. Code § 246-215-08305

Amended by WSR 21-01-122, Filed 12/15/2020, effective 1/15/2021

Statutory Authority: RCW 43.20.050 and 43.20.145. 13-03-109, § 246-215-08305, filed 1/17/13, effective 5/1/13.