WAC 246-215-151
Donated food distributing organizations. (1) A donated food distributing organization must comply with
the requirements of this chapter, except as otherwise provided
in this section.
(2) A donated food distributing organization is exempt
from the provisions of WAC 246-215-200 and part 8-3 of the
Food Code, regarding operating with a valid food establishment
permit.
(3) A donated food distributing organization must notify
the regulatory authority in writing or by another approved
manner:
(a) Annually of the nature of its food service
activities, including types of food served or distributed; and
(b) Whenever there is a significant change in its food
service activities.
(4) A donated food distributing organization is exempt
from meeting the provisions of Food Code sections 2-301.15,
3-202.11, 3-602.11, 4-202.15, 4-202.16, 4-202.17, 4-203.13,
4-204.12, 4-204.16, 4-204.113, 4-204.115, 4-204.118,
4-204.120, 4-301.14, 4-302.13, 4-302.14, 4-402.11, 4-402.12,
4-501.11, 4-501.13, 4-501.16, 4-501.110, 4-501.112, 4-501.113,
4-501.116, 4-602.12, 4-703.11, 4-904.13, 5-203.13; parts 4-8
and 5-5; and chapters 6 and 7, if:
(a) All foods are donated to needy persons under the
provisions of chapter 69.80 RCW;
(b) Potentially hazardous food items are served within
eight hours of preparation; and
(c) Potentially hazardous food items are not cooled and
reheated on-site.
(5) The person in charge of a donated food distributing
organization must ensure:
(a) Equipment for cold holding, heating, and hot holding
foods are sufficient in number and capacity to provide food
temperatures specified in chapter 3 of the Food Code;
(b) Food contact surfaces are thoroughly cleaned before
each use;
(c) A sink for handwashing is accessible and conveniently
located for use by food employees during all times of food
preparation and service of unwrapped foods;
(d) Each sink used for handwashing is provided with a
supply of hand soap and single use towels or other approved
hand-drying device;
(e) Refuse, recyclables, and returnables are stored in a
manner that does not create a public health hazard or
nuisance;
(f) The premises are maintained to control insects,
rodents, and other pests;
(g) Children under age ten and animals are kept out of
food preparation areas during the preparation of foods; and
(h) Toxic chemicals are stored in accurately labeled
containers away from all foods and food service supplies.
(6) A donated food distributing organization must have at
least the following facilities available for handwashing and
cleaning of food contact utensils and equipment:
(a) A three-compartment sink; or
(b) Two sink basins plus a home-style dishwasher with a
sanitizing cycle providing 155°F or hotter water; or
(c) As otherwise approved.
(7) A donated food distributing organization may receive
foods for charitable purposes that include:
(a) Surplus foods from a food establishment;
(b) Muscle meat of a wild game animal:
(i) Received from a law enforcement officer certified by
a jurisdiction in the state of Washington or from a hunter
licensed by the department of fish and wildlife;
(ii) Processed by an approved meat cutter; and
(iii) Labeled "UNINSPECTED WILD GAME MEAT, THOROUGHLY COOK TO 165°F INTERNAL
TEMPERATURE";
(c) Muscle meat of a domesticated livestock animal,
poultry, or rabbit:
(i) Donated live to the distributing organization;
(ii) Raised by a member of an approved youth club, such
as 4H;
(iii) Processed by an approved meat cutter; and
(iv) Labeled "UNINSPECTED MEAT, THOROUGHLY COOK TO 165°F INTERNAL
TEMPERATURE";
(d) Foods properly handled, stored, or prepared in a
donor kitchen;
(e) Nonpotentially hazardous, nonready-to-eat foods
handled or stored in a residential kitchen in a private home;
and
(f) Nonpotentially hazardous baked goods handled, stored,
or prepared in a residential kitchen in a private home.
(8) The person in charge of a donated food distributing
organization must ensure that foods are inspected upon receipt
and information is obtained from donors in order to determine:
(a) Foods are safe and free from adulteration;
(b) Surplus foods have not been previously served to a
person;
(c) Potentially hazardous foods have been kept under
continuous temperature control above 140°F or below 45°F
during handling, storage, and transport, except for a maximum
of two hours during preparation;
(d) Foods have been protected from contamination during
handling and storage by intact original commercial packaging
or sanitary food-grade containers; and
(e) Foods have been handled and transported in separate
containers as needed to prevent potential cross-contamination
between ready-to-eat and nonready-to-eat foods.
(9) A donated food distributing organization must not
serve or distribute:
(a) Home-canned foods;
(b) Canned foods in containers that are rusty or severely
dented;
(c) Distressed foods (such as from a fire, flood, or
prolonged storage) unless the foods have been evaluated and
approved for charitable distribution; or
(d) Infant formula that is past the original expiration
date set by the processor.
(10) A donated food distributing organization may
distribute packaged foods without complete label information
on each individual container, provided that:
(a) Each container is labeled with the common name of the
food; and
(b) The label information, according to the provisions of
chapter 69.04 RCW, is on the master carton or is posted in
plain view on a card, sign, or other method of notice at the
point of distribution to the consumer.
(11) The person in charge of a donated food distributing
organization receiving potentially hazardous foods or
nonpotentially hazardous, ready-to-eat foods not prepackaged
in a food processing plant must keep records for thirty days
documenting the source, quantity, type, and receiving date of
the foods.
[Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060.
04-22-111, § 246-215-151, filed 11/3/04, effective 5/2/05.]