WAC 246-215-051   Public health labeling.  (1) Whenever unpasteurized milk and foods containing unpasteurized milk are offered for sale at a food establishment, except hard or semi-soft raw milk cheeses properly fermented and aged for a minimum of sixty days in compliance with 21 CFR Part 133, the permit holder and person in charge must ensure that:

     (a) The product is conspicuously labeled "RAW MILK" or "CONTAINS RAW MILK"; and

     (b) A sign is posted in a conspicuous manner near the product stating: "WARNING: RAW MILK OR FOODS PREPARED FROM RAW MILK MAY BE CONTAMINATED WITH DANGEROUS BACTERIA CAPABLE OF CAUSING SEVERE ILLNESS. CONTACT YOUR LOCAL HEALTH AGENCY FOR ADVICE OR TO REPORT A SUSPECTED ILLNESS."

     (2) The permit holder and person in charge must ensure that required information contained on food labels is in the English language, except that duplicate labeling in other languages is allowed.

     (3) Food Code paragraph 3-201.11(C), regarding food labeling, is amended to read: "Packaged food shall be labeled as specified under law, including chapter 69.04 RCW; 21 CFR 101 Food Labeling; 9 CFR 317 Labeling, Marking Devices, and Containers; 9 CFR 381 Subpart N Labeling and Containers; and as specified under §§ 3-202.17 and 3-202.18."

     (4) Food Code paragraph 3-203.11(A), regarding molluscan shellfish original containers, is amended to read: "Except as specified in paragraphs (B), (C), and (D) of this section..."

     (5) Food Code section 3-203.11, regarding molluscan shellfish original containers, is amended to add a paragraph (D), which reads:

     "(D) Shellstock may be removed from the container in which they are received and repacked in consumer self-service containers if:

     (1) Each self-service container of shellstock is plainly marked with the harvest area name, harvest area date, and original shellfish dealer's certification number, including the abbreviation of the name of the state or country in which the shellfish are harvested, or otherwise marked with a code that can be used to link the product with tag or label information as specified under § 3-202.18;

     (2) The tag or label information as specified under § 3-202.18 for the shellstock is retained in a written or electronic log for 90 days that correlates the date when, or dates during which, the shellstock are sold;

     (3) The shellstock are protected from contamination; and

     (4) The packaging material allows air to get to the shellfish."

     (6) Food Code subparagraph 3-203.12 (B)(2)(b), regarding maintaining identification of molluscan shellfish, is amended to read: "Ensuring that shellstock from one tagged or labeled container are not commingled with shellstock from another container harvested on a different day and from a different growing area as identified on the tag or label."

     (7) Food Code section 3-501.17, regarding date marking, does not apply.

     (8) Food Code paragraph 3-602.11(A), regarding food labels, is amended to read: "Food packaged in a food establishment shall be labeled as specified in law, including chapter 69.04 RCW; 21 CFR 101 - Food Labeling; and 9 CFR 317 - Labeling, Marking Devices, and Containers."

     (9) The consumer advisory provisions of Food Code section 3-603.11 also apply to unpasteurized juices of fruits and vegetables.



[Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. 04-22-111, § 246-215-051, filed 11/3/04, effective 5/2/05.]