HomeMy WebLinkAbout75-1121-24R STATE OF WASHINGTON
County of Jefferson
In the Matter of
RESOLUTION NO. 75-1121-24R
A RESOLUTION OF THE JEFFERSON
COUNTY BOARD OF HEALTH,
APPROVING THE FOOD SAFETY
ENFORCEMENT POLICY.
WHEREAS, Title 8 of the Jefferson County Code governs Food Service Sanitation in
Jefferson County to promote and protect the health, safety, and well-being of the public and
prevent the spread of disease through food; and
WHEREAS, Washington State Department of Health Food Service 246-215 Washington
Administrative Code provides minimal direction regarding compliance and enforcement
procedures; and
WHEREAS, the adoption of a written Jefferson County Food Safety Enforcement Policy
ensures consistent procedures are used by all staff and consistent treatment across all food
service establishments; and
WHEREAS, the adoption of a written Jefferson County Food Safety Enforcement Policy
minimizes unnecessary confusion and legal risks from inconsistent practices; and
WHEREAS, the adoption of a written Jefferson County Food Safety Enforcement Policy
provides staff with a clear direction; and
WHEREAS, Jefferson County's Food Safety Enforcement Policy is embodied as
Attachment A, which is hereby incorporated as part of this Resolution; and
WHEREAS,the Jefferson County Food Safety Enforcement Policy aligns with
Washington State Retail Food Code WAC 246-215, FDA Standards 3 and 6, and CDC guidance;
and
WHEREAS, For the purposes of administration and enforcement of Jefferson County's
Food Safety Enforcement Policy,definitions shall be consistent with those found Chapter 246-
215 WAC; and
WHEREAS,Jefferson County's Food Safety Enforcement Policy incorporates best
practices based on research from other local health jurisdictions; and
WHEREAS, adoption of Jefferson County's Food Safety Enforcement Policy enhances
food safety and promotes public health in our community;
NOW, THEREFORE, THE BOARD OF HEALTH OF JEFFERSON COUNTY,
WASHINGTON,HEREBY RESOLVE AS FOLLOWS:
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Formatting approved by Prosecuting Attorney's Office October 14,2024
Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Health hereby
adopts the above "Whereas"clauses as Findings of Fact.
Section 2. Purpose. The purpose of this resolution is to adopt J'efferson County's Food Safety
Enforcement Policy.
Section 3. Severability. If any section, subsection, sentence, clause,phrase or section of this
Resolution or its application to any person or circumstance is held invalid,the remainder of this
Resolution or its application to other persons or circumstances shall be fully valid and shall not
be affected.
Section 4. SEPA Categorical Exemption. This Resolution is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800 (19).
Section 5. Effective Date. This Resolution shall take effect and be in full force immediately
upon passage by the Board of Health.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
ti
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Formatting approved by Prosecuting Attorney's Office October 14,2024
APPROVED and ADOPTED this 21st day of Nov. , 2024.
JEFFERSON COUNTY BOARD OF HEALTHdift
de; ia/62-
Kate Dean, it da Grace, V. hair
Greg\ rotherton, Member Monica ickHager, Member, Ct
Heidi Eisen our, Member es Kolff, Mem e
ATTE : APPROVED AS TO FORM:
at-t-
Glenn Gilbert, Da a Philip C. Hunsucker. Date /Z-Jo 5/251
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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615 Sheridan Street
Port Townsend, WA 98368
eson www.JeffersonCountyPublicHealth.org
Public Heti%
JEFFERSON COUNTY
BOARD OF HEALTH
Food Safety Enforcement Policy
The purpose of this policy is to provide Jefferson County Public Health staff and operators of food establishments in
Jefferson County with a policy and procedure when violations are observed during food safety inspections.It is the
policy of Jefferson County Public Health to minimize the public's exposure to foodborne illness by ensuring local
ordinance and state law requirements are being met.
Definitions
For the purposes of administration and enforcement of this policy and procedure,the following defmitions shall
apply in addition to those found in Chapter 246-215 Washington Administrative Code(Food Code).
1. Red critical violations: Factors that contribute to an increase in volume and severity of
foodborne illness.Red critical violations are represented on inspection reports as red headers.
2. High risk factors:The Centers for Disease Control and Prevention(CDC)has identified five
risk factors which are most frequently identified as contributing to foodborne illness and can be
attributed to improper employee behaviors or practices.Each risk factor is comprised of a group
of red critical violations and are summarized in Appendix Table 1.
3. Re-inspections:A specific evaluation of compliance of violations that were recorded during the
previous inspection.These inspections may occur as many times as needed until violations are
sufficiently corrected.
4. Routine inspections:A complete evaluation of a food establishment,including food safety risks
and compliance with the Food Code.
Implementing Procedures
l. If a red critical violation is recorded for the first time,regardless of the type of inspection that
was performed:
a. Violation must be corrected immediately*.Jefferson County Public Health staff will
record the corrective action that was taken on the inspection report and check the CDI
(Corrected During Inspection)box on the inspection report.
b. A reinspection will occur when violation points total 40-90 red critical points,or 48-113
total points.
2. If a red critical violation worth 10 points or more is recorded for the second time in a row,
regardless of the type of inspection performed:
a. Violation must be corrected immediately*.Jefferson County Public Health staff will
record the corrective action taken on the inspection report and check the CDI box on the
inspection report.
b. Jefferson County Public Health staff may choose to require additional steps to be taken
by the operator. See Appendix Table 2,Corrective Action Menu,for options that may
be implemented.
3. If a red critical violation worth 10 points or more is recorded for the third consecutive
inspection,regardless of the type of inspection that was performed:
a. Violation must be corrected immediately*.Jefferson County Public Health staff will
record the corrective action taken on the inspection report and check the CDI box on the
inspection report.
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b. A reinspection will occur.Jefferson County Public Health will strive to complete the
reinspection within 30 days. See Additional Inspections,for more information.
c. Jefferson County Public Health staff may choose to require additional steps to be taken
by the operator. See Appendix Table 2,Corrective Action Menu,for options that may
be implemented.
4. If a red critical violation worth 10 points or more is recorded for four or more consecutive
inspections,regardless of the type of inspection performed:
a. Violation must be corrected immediately*.Jefferson County Public Health staff will
record the corrective action taken on the inspection report and check the CDI box on the
inspection report.
b. A reinspection will occur.Jefferson County Public Health will strive to complete the
reinspection within 30 days. See Additional Inspections,for more information.
c. Jefferson County Public Health staff may choose to require additional steps to be taken
by the operator.Due to the long-term presence of the red critical violation(s),progressive
enforcement may be required.The plan of progressive enforcement will be customized
for the specific,persistent public health risk(s)at the food establishment by the inspector
and the Food Safety Program Manager. See Appendix Table 2,Corrective Action
Menu,for options that may be implemented.
*Violations 1,2,22,and 23 may not be able to be corrected on-site.In the case of violation 22,either a
thermometer will be provided and a fee will be assessed for the cost of the thermometer,or proof that a thermometer
has been obtained must be provided within 24 hours.For the other violations,the establishment will be given 7
(seven)days to correct the violation and must send the inspector proof or demonstrate that the violation was
corrected(e.g.,educated on-site by inspector,emailed copies of Food Worker Cards).If the establishment does not
send the required documentation outlined in the inspection report,an on-site reinspection will be conducted.If
applicable,an additional inspection fee may be assessed,per the Environmental Health Fee Schedule.
Violation 1 PIC(person in charge) present,demonstrates knowledge and performs duties
to maintain active managerial control;certified manager on staff unless
exempt
Violation 2 Food Worker Cards current for all food workers; new food workers trained
Violation 22 Accurate thermometer provided and used to evaluate temperature of
time/temperature control for safety foods.
Violation 23 Proper consumer advisory posted for raw or undercooked foods
Office Conferences
1. Jefferson County Public Health staff may require an office conference with food establishment
operators:
a. After a red critical violation is recorded three or more consecutive times.
b. After an inspection results in permit suspension for the establishment.
c. When reinstating a permit after it has been suspended.
d. At any time food handling behaviors or practices which create an imminent health hazard
are observed.
e. At any time if an inspection is interfered with,including aggressive or unprofessional
behavior by an employee from the food establishment.
2. An office conference may be held at the Jefferson County Public Health office,by phone,or via a
virtual platform.
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3. When possible and when applicable based on the topic of the office conference,those that should
attend an office conference are the permit holder,person in charge,Certified Food Protection
Manager,any relevant food workers,food inspector,and food inspector's supervisor.
4. An office conference may be waived at the inspector's discretion if they determine that the
operator's proposed plan to address continued red critical violations is adequate.
a. The acceptance of the proposed plan of action will be documented by Jefferson County
Public Health staff in an inspection report.
b. The proposed plan will be evaluated for effectiveness at the next inspection.(An office
conference may be held if a violation is present at the next inspection.)
Permit Suspension and Revocation
1. A food establishment may have their permit suspended due to:
a. The presence of an imminent health hazard.
b. Greater than 85 red critical violation points or 108 total(red critical and non-red critical)
violations points are accumulated during one inspection,or persistent red critical
violations.
c. A compliance schedule is not completed within time limits set forth by Jefferson County
Public Health staff.
d. Jefferson County Public Health staff must obtain approval from the Health Officer prior
to suspending a food establishment permit.
2. An establishment can be allowed to remain open to operate if red critical violations are corrected
during the inspection.
3. An establishment is not allowed to remain open to operate if red critical violations are not
corrected during the inspection,with the exception of violations 1,2,22,and 23 which may not
be able to be corrected during the inspection.The criteria to reopen will be documented in
writing in an inspection report.
4. A re-opening inspection may be required for establishments that have closed either voluntarily or
by the Health Officer.A re-opening inspection fee will be charged.
5. Hearing and appeals related to food safety permits are to be conducted in accordance with
Jefferson County Code Title 8.05.
Additional Inspections
1. A specified number of routine inspections is included in the cost of each annual Food Service
Establishment Permit. See Appendix Table 3,Routine Inspection Frequency,to see how many
inspections each permit type is designated each year.
2. Additional inspections will incur a fee,per the Environmental Health Fee Schedule.
3. Pre-opening inspections:A plan review and inspection of a food establishment shall occur prior
to opening for the first time or at any time an establishment changes any of the following:menu,
floor plan,style of service,ownership,or if it is deemed necessary by the Food Safety Program
Manager.A pre-opening inspection fee will be charged.
4. 30-day post-opening inspections:The inspection conducted within the first 30 days of operation
after the pre-opening inspection.
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Destruction, Diversion, or Reconditioning of Time/Temperature Control (TCS) Foods
1. Based on evidence and information provided by the Person in Charge,the inspector shall
determine the appropriate corrective action regarding temperature abuse of Time/Temperature
Control for Safety Foods.The time and temperature relationships in Appendix Table 4 shall
guide the inspector,but the decision shall be at the sole discretion of Jefferson County Public
Health based upon the site-specific characteristics of each situation.
2. When food is observed at improper temperatures,or is otherwise deemed unsafe,the inspector
shall always attempt to obtain voluntary condemnation of food in violation.The Voluntary Food
Diversion or Destruction Form will be used for this purpose.
3. If the operator refuses,then the inspector shall fill out a Certificate of Required Food
Diversion,Destruction,and Waiver.
4. A hold order shall be placed on potentially unsafe foods which may require additional
examination or sampling.The Certificate of Required Food Diversion,Destruction,and
Waiver form will be used for this purpose.
5. If the operator refuses to cooperate,then Jefferson County Public Health staff will consult with
the Food Safety Program Manager to decide which one of the following actions will be taken:
a. Issue a hold order on the food using the Certificate of Required Food Diversion,
Destruction,and Waiver form,or
b. Suspend the permit due to an imminent health hazard.
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Appendix
Table 1: CDC Risk Factors. A summary of high-risk factors and associated red critical violation items on a food
establishment inspection report. Refer to the table below, or to the most recent approved version.
CDC risk factor Associated high-risk factors and associated red critical violation items
7-Food obtained from approved source
8-Water supply, ice from approved source
10-Food in good condition,safe and unadulterated;approved additives
11-Proper disposition of returned, previously served, unsafe,or contaminated
#1 Food from unsafe food; proper date marking procedures for food at high risk for Listeria
source
12-Proper shellstock ID;wild mushroom ID;parasite destruction procedures for
fish
24-Pasteurized foods used as required; prohibited foods not offered
26-Compliance with valid permit,operating and risk control plans, and required
written procedures
27-Compliance with variance;specialized process; HACCP plan
16-Proper cooling procedures
#2-Improper holding 17-Proper hot holding temperatures
temperature 19-No room temperature storage;proper use of time as a control
21-Proper cold holding temperatures
#3 Inadequate 18-Proper cooking time and temperature;proper use of non-continuous cooking
cooking 20-Proper reheating procedures for hot holding
23-Proper consumer advisory posted for raw or undercooked foods
9-Proper washing of fruits and vegetables
#4 Protection from 13-Food contact surfaces cleaned and sanitized;no cross contamination
contamination 14-Raw meats below or away from ready-to-eat food;species separated
15-Proper preparation of raw shell eggs
25-Toxic substances properly identified,stored,used
3-Proper practices for ill worker and conditional employees;no ill workers
present; proper reporting of illness
#5-Poor personal 4-Hands washed as required
hygiene
5-Proper methods used to prevent bare hand contact with ready-to-eat foods
6-Adequate handwashing facilities
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Table 3: Routine inspection frequency. A list of the number of routine inspections by permit
type that is included in the fee of an annual Food Service Establishment Permit.
Risk Category 1:(Examples include:Grocery,Espresso Stands,etc.)
• Simple or no preparation
• Cold holding packaged product
• No cooking,warming only
• Minimum Inspection frequency—1 inspection annually
Risk Category 2:(Examples include:Mini Mart, Meat&Fish Market,fast food,etc.)
• Cooking
• Hot holding
• Cold holding of unpackaged product
• Preparing raw meats and fish
• No cooling or reheating
• Minimum Inspection frequency—1 inspection annually
Risk Category 3:(Examples include:full restaurant,etc.)
• Complex preparation
• Cooling and reheating included
• Minimum Inspection frequency—2 inspections annually
Lounge Endorsement:
• For permitted establishments with separate beverage service and preparation areas
• Minimum Inspection Frequency-1 inspection annually
Catering Endorsement:
• For permitted establishments who contract with a client to prepare a specific menu and amount of
food for service to the client's guests or customers at a different location
• Minimum Inspection frequency—1 inspection annually
Establishments that operate in more than one location shall be independently permitted, except in the
case of mobile food units,which only require a single permit for multiple locations.
References
Chapter 246-215 Washington Administrative Code, II ushington Stale 2C/ui1 food('()(IC
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Table 4: Food Reconditioning and Destruction Guidelines for Potentially Hazardous Food Held
at Improper Temperatures
Violation Code Disposition
Temperature Status/Operation Duration of Time (all critical items) Options
42°-45°F Cold holding N/A #21 (5 points) Cool to 41°F
< 12 hours #21 (10 points) Cool to 41°F
Cold holding > 12 hours #21 (10 points) Destroy food
46°- 55°F > 6 hours and < Reheat to 165°F;
8 hours #16 (25 points) then begin proper
Cooling cooling
> 8 hours #16 (25 points) Destroy food
< 4 hours #21 (10 points) Reheat to 165°F
Cold Holding > 4 hours #21 (10 points) Destroy food
56°- 69°F < 4 hours #19 (25 points) Reheat to 165°F
RTS*
> 4 hours #19 (25 points) Destroy food
Cooling > 6 hours #16 (25 points) Destroy food
< 2 hours #19 (25 points) Reheat to 165°F
RTS*
> 2 hours #19 (25 points) Destroy food
< 2 hours #17 (25 points) Reheat to 165°F
° ° Hot holding > 2 hours #17 (25 points) Destroyfood
70 - 129 F
> 2 hours and < Reheat to 165°F;
4 hours #16 (25 points) then begin proper
Cooling cooling
> 4 hours #16 (25 points) Destroy food
130°- 134°F Hot Holding N/A #17 (5 points) Reheat to 165°F
*RTS: Room temperature storage that is not part of a "time as a control" plan.
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Food Diversion or Destruction Forms
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Food Program
Voluntary Food Diversion or Destruction Form
Date:
Name of Food Service Establishment:
Address of Food Service Establishment:
I, hereby certify that I am the owner or representative for the owner of the
following food items:
(Give full description including food items,amounts,codes,brand names,and where food was most recently located)
This food is suspected of being contaminated and a threat to public health, is in violation of WAC 246-215,and was
voluntarily removed from food service by my action today.
The above food was in violation for the following reasons:
Diversion or destruction of this food was accomplished in the following manner:
I hereby waive all rights to title, interest,or compensation lost affected by the above-described action.
PRINT NAME:
SIGNED: DATE:
Disposal of this food as described above was witnessed by me and has been completed.
INSPECTOR:
SIGNED: DATE:
Board Members
Kate Dean,Chair,County Commissioner District#1;Amanda Grace, Vice-Chair,Community Stakeholder;
Greg Brotherton,Member,County Commissioner,District#3;Heidi Eisenhour,Member,County Commissioner,District#2;
Dr.Kees Kolff,Member,Public Hospital District#2 Commissioner;Monica MickHager,Member,Port Townsend City Council
615 Sheridan• Castle Hill Center• Port Townsend • WA • 98368
(360)385-9400
Food Program
Certificate of Required Food Diversion, Destruction, and Waiver
Date:
Name of Food Service Establishment:
Address of Food Service Establishment:
I, hereby certify that I am the owner or representative for the owner of the
following food items:
(Give full description including food items,amounts,codes,brand names,and where food was most recently located)
This food is suspected of being contaminated and a threat to public health,is in violation of WAC 246-215,and I was
required by Jefferson County Public Health to remove it from food service today.
The above food was in violation for the following reasons:
Diversion or destruction of this food was accomplished in the following manner:
I hereby waive all rights to title, interest,or compensation lost affected by the above-described action.
PRINT NAME:
SIGNED: DATE:
Disposal of this food as described above was witnessed by me and has been completed.
INSPECTOR:
SIGNED: DATE:
You may appeal this decision by submitting a written request for a hearing. If a hearing is not requested within 10
days of this notice, the food must be destroyed under the supervision of the Regulatory Authority. The food may not
be used, moved, or discarded unless allowed by the Regulatory Authority.
Board Members
Kate Dean,Chair,County Commissioner District#1;Amanda Grace, Vice-Chair,Community Stakeholder;
Greg Brotherton,Member,County Commissioner,District#3;Heidi Eisenhour,Member,County Commissioner,District#2;
Dr.Kees Kolff,Member,Public Hospital District#2 Commissioner;Monica MickHager,Member,Port Townsend City Council
615 Sheridan • Castle Hill Center• Port Townsend • WA• 98368
(360)385-9400