In October 2020 the State Board of Health adopted revisions to the state food safety regulations, WAC 246-215. The revisions take effect with a staggered implementation schedule. The first changes are effective January 15, 2021, with additional changes effective on March 1, 2022.

District legal counsel has verified that due to the Board’s previous action to adopt WAC 246-215 by reference (Health District Code Section 2.35.010 – Exhibit A) no action is needed to implement the changes locally.

The changes effective January 15, 2021, address legislative actions and are summarized below:

One of the new legislative and WAC requirements is that local health jurisdictions permit mobile food units (food trucks) based on the plan review approvals of other jurisdictions. While streamlined in comparison to a plan review, the process is not effortless. In response, the Board adopted a $195 “Mobile Approval by Reciprocity Processing Fee” to recover the cost of staff time reviewing the necessary documents prior to permit issuance. Upon inquiry, legal counsel has advised that this fee is probably inconsistent with the intent of the law. District staff have discontinued collection of the fee. A recommendation will be brought to the Board in the future proposing to rescind the fee.

All changes made to the revised rule can be found here:

https://www.doh.wa.gov/Portals/1/Documents/4400/FoodCodeRuleRevision-WAC246-215.pdf. Due to its size (144 pages), it’s not included in the packet materials. 

Attached is an explanation of the “Top 10 Changes” to the rule as identified by the State Department of Health (Exhibit B). Staff will further discuss these changes during the committee briefing.

Consistent with Resolution 19-20 and the revised Division of Responsibilities (10/8/19), the Board of Health is responsible for setting District budget and policy.

No action required. Briefing only.