Health Department Permitting & State Food Code
Mobile Food Units that sell food to the public are regulated under the Washington State Food Code: WAC 246-215, read and know this code!
annual county health permitting is a 2-step process:
1. Required for both food and beverage vendors: complete the plan review approval packet of docs and submit with your plan review fee to the county you plan to initially operate in (this will be considered your Primary permit). Google your county and look for the mobile food unit plan review packet with mobile food vendor application. As a requirement in chapter 9 of our state food code, you are to submit for county health plan review approval before you do any construction and submit to L & I for review. (This procedure can often be misleading when county health staff or their docs tell you that you need your L & I insignia to apply.) Once initial health review plans are approved you then:
2. submit your (primary) mobile annual operating permit application form. (There are 39-counties and 36-health jurisdictions in Washington.) If your mobile unit is required to have its L & I insignia, show proof at this step. (Many county health mobile food unit packets will indicate you need to have your L & I insignia, but this is not needed for “plan review” approval.)
3. Be sure to read over (at least Chapter 9 of) the state food code specific to mobiles here: https://www.doh.wa.gov/CommunityandEnvironment/Food/FoodWorkerandIndustry/FoodSafetyRules/FoodCodeRuleRevision
4. Download this Food Safety Advisory Council Guidance doc that was created to help both mobile food unit vendors and county health plan reviewers. This guide will help you draft a plan of operation and will help you in filling out your plan review documents.
For a listing of all county health department contacts, click here. Download your county Mobile Food Unit plan review & permitting guidance packet.
Annual COUNtY MOBILE Health permit exempt?
If you plan to use a mobile to sell: JUST commercially prepared and packaged, un-opened, not potentially hazardous, doesn’t require prep or temperature control food(s), per our state food code (WAC 01115), you would not be required to have an annual county health mobile food permit but would need your WSDA permit. A Cottage Food Permit (state rules here) allows a resident of Washington State to make food that is not potentially hazardous such as baked goods, candies, jams, jellies, preserves, fruit butters, dry spice blends, or dry tea blends in their primary residential kitchen. Learn more here.
You may also be exempt from the county annual mobile food permit if the person requesting a permit under Chapter 8 (08305) of the state food code is limiting food handling to one or more of the following foods and none of these foods are prepared in a residential kitchen or other facility that is not APPROVED,:
(a) Individual samples of non TIME/TEMPERATURE CONTROL FOR SAFETY FOOD sliced fruits and vegetables;
(b) Popcorn and flavored popcorn prepared from commercially PACKAGED ingredients that are not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;
(c) Dried herbs and spices processed in an APPROVED facility;
(d) Crushed ice drinks containing only ingredients that are not TIME/TEMPERATURE CONTROL FOR SAFETY FOODS 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 pre-PACKAGED 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.
However, to meet municipal (city) requirements, you are to apply for an annual county health exemption from permit for a small fee. This will provide documentation that shows the county health department is aware of you and how you are operating. You would not be subject to regular county inspections unless the health dept. received a complaint that you are operating outside of the exempt guidelines.
Food Processor
If you plan to prepare and package food for non-retail, you will need to contact the Washington State Department of Agriculture. Example: sell you sauce to grocery stores. Contact the WSDA here: https://agr.wa.gov/departments/food-safety/food-safety/food-processors
The Plan Review for annual permits
Public Health’s plan review approval process requires you to complete the plans and application package, and submit it to Public Health to review and approve. Valid proof of a seal of approval by L&I is NOT required for health plan review approval, but is required for obtaining a pre-operational inspection approval of the proposed mobile food truck prior to commencing operation. Download your county mobile permit application packet and read through it thoroughly (plan review & permit fees will vary by county.) Getting the county permit will be delayed if the application package is not complete or the plans for your unit need to be changed. Most plan review applications include:
1. Two (2) sets of your mobile food unit plans (you can draw these out yourself; provide scale drawings that include dimensions (length, width), of the interior layout showing all food service equipment locations (hand wash sink, commercial refrigerator, cash register, soap & paper towel dispenser, three compartment sink, grill, oven, baked goods display, etc.) Show all views including front, side, and elevations. State what the mobile surfaces, inside and out, are made of. Include the make and model number for each piece of equipment that will be installed. If the unit is already built, provide photographs of the inside, outside, all equipment, and the L & I sticker.
2. A Use of Commissary/Shared Kitchen Agreement (if not requesting an exemption.) If you are applying for an exemption from the commissary kitchen requirement, many counties now have an exemption form to go along with the plan review packet. Otherwise, state right on the commissary form that you are applying for exemption. See details about the commissary exemption below.
3. A completed Food Preparation Flow Chart (see example below).
4. A completed Use of Restroom Agreement and Route/Site Location (this is now required to be submitted after plan review approval.) Many county forms still state 200-feet, but this rule has changed to 500-feet. Do indicate on Route/Site Location form(s) all your social media & contact info as this is how the health dept. will plan to locate you out in the field. You should indicate on your Route/Site forms that you will know your service locations after your plans are approved. (Reference WAC 246-215-09115 Mobile Food Plan approval—Plan contents. Removes requirement for mobile food unit itinerary to be provided at the time of plan review (adjusted to providing itinerary when operational).
5. A detailed menu (indicating where you are also sourcing your ingredients.) This is needed for both food and beverage vendors.
6. A description of your daily business operations plan (Include: your opening & closing procedures, where you plan to obtain water (how many gallons) and dispose of waste, your cleaning schedule, availability of restrooms for employees, how you plan to transfer commissary prepped items onto mobile, anticipated volume of food to be stored, prepared, and sold or served per service; and a brief description of how often and where you plan to service.) A minimal approved example can be found here.
7. The correct plan review fee.
8. A completed Mobile and Limited Plan Review Cover Sheet.
KEEP A COPY OF ALL THE PLANS YOU SUBMIT AND KEEP A COPY OF YOUR STAMPED APPROVED PLANS. You will need these if you ever plan to get permitted in a second county, using Plan Review Reciprocity.
Each county has a page to review the status of your plans, see the link here: https://doh.wa.gov/community-and-environment/food/local-food-safety-contacts
Writing Your Food Flow Process - your plan review is going to require you to explain your food process flow and should be a pictorial representation or narrative of all food preparation steps (examples below). The purpose in providing this process flow is to describe the overview of the sequence of all process activities and tasks involved in the creation of a menu item or in the delivery of a service. The process flow is not a recipe. A process flow not only helps identify critical food safety points but can also help set-up the overall flow of your Mobile Food Establishment such as reduce preparation time, reduction of cross-contamination, and provides less confusion among employees. Steps in a food process flow include but not limited to: how food is received; cold holding or storage; preparation (cutting, assembling, mixing, etc.); cooking; cooling; packing; labeling; reheating; hot holding and distribution. If ingredients are not listed on menu, please include them within your food process flow. Depending on your process flow, you may have more or less steps and types of steps as those previously listed. Please include what will be done with any leftovers of certain foods and if there are any special processes such as sous vie and/or vacuum sealing in-between these processes. If the menu item has multiple ingredients, list them. Menu items that are prepared in an identical way may be grouped together (such as BBQ beef and pork). Below are a few different examples of food process flows. As a rule-of-thumb, if an employee-in-training can understand your food process flow, so will the Environmental Health Specialist.
Check Chapter 3 of the food code for more details & requirements on cooling, hot-holding, time/temp controls, date marking & discarding requirements.
Example 1: BBQ Beef/Pork – beef and pork are delivered or purchased frozen and stored in the walk-in refrigerator to thaw. After the beef and pork are thawed they are portioned out. Storage portion is vacuum sealed and stored in the refrigerator with date of vacuum seal for later or other use. Service portions are marinated in our special sauce in the walk-in refrigerator overnight. Meats are then cooked on the smoker. After smoking, the beef and pork are shredded and mixed with our BBQ sauce and cooled in hotel pans at a 2- inch food depth in the walk-in refrigerator. After meats are cooled to 41°F, they are covered with plastic wrap. Meats are reheated in the steamer as needed and kept at the front area steam table until served. Leftover items are cooled uncovered in the walk-in refrigerator at 2” food depth.
Example 2: Ham/turkey/roast beef sandwiches – ham, turkey and roast beef are purchased pre-cooked. Meat is sliced daily, portioned, and placed in the preparation refrigerator. All fruits and vegetables are rinsed each morning in the food preparation sink and stored in the preparation refrigerator. Sandwiches are made to order and served cold or heated on panini grill.
Commissary Kitchen Refer Space - It will help your plan review approval, based on your submitted menu, if you have access to a walk-in cooler for cooling hot foods. If you will not, factors like raw meat storage, cooling processes, and the number of menu items that require more refrigeration are important. “Adequate refrigeration” is required to ensure raw meats are properly stored below and away from produce and ready to eat foods, and to allow hot foods to cool without heating up other foods in the refrigerator. While a walk-in cooler has a large area to move foods around, stand alone units are much smaller and large amounts of hot food compromise the safety of other foods in the unit. Many factors determine how much refrigeration a business needs to operate safely: separation of raw and ready-to-eat foods, beverage storage needs, amount and type of food that will be cooled, amount and type of food that needs refrigeration, number of meals served per day, shelving space & where refrigeration is located. Please find county guidance on refrigeration space here.
Cleaning procedures - Example template for cleaning procedures can be downloaded here. Chlorine sanitizer must be between 50ppm-200ppm.
Permitting for Carts
Cart (definition: one person can push unit between locations)— these are not regulated by LNI. Additional county health requirements include: (the need for refrigeration is based on your menu demands)
1. Your mobile unit’s freshwater tank must hold at least 5 gallons. A larger tank may be required to support menu, equipment and processes. You cannot use a bucket. Your mobile unit’s wastewater tank must hold at least 15% more than its freshwater tank (minimum 6 gallons). You cannot use a bucket.
2. You cannot use a juice extractor or blender, unless a variance is approved.
3. You cannot cook or sell raw meat or seafood, unless you are selling it in unopened packages.
4. You must wash and sanitize reusable utensils (e.g., tongs, spoons) in your commissary kitchen. You must store extra clean and sanitized utensils in your mobile unit. You must have a sanitary container for clean utensils and a separate container for soiled utensils.
5. In some cities or counties, your cart cannot be bigger than 3 feet by 6 feet with two wing extensions no longer than 18 inches. Local agencies may require your mobile unit to be smaller.
Temporary Event Permits
Temporary health permits are regulated under Chapter 9, subpart B of our state food code. All food vendors are required to have a temporary food establishment permit to sell food at events that are open to the public, if not already annually permitted. An event is considered public if it is advertised. A “temporary food establishment" means a food establishment: 1. Operating at a fixed location, with a fixed menu, for not more than twenty-one consecutive days in conjunction with a single event or celebration, such as a fair or festival; or 2. Operating not more than three days a week at a fixed location, with a fixed menu, in conjunction with an approved, recurring, organized event, such as a farmers market.
Be sure to check with the individual county for their requirements. They may impose additional requirements to protect against health hazards related to the operation of the TEMPORARY FOOD ESTABLISHMENT and may: (a) Limit the FOOD preparation steps; (b) Prohibit some menu items; and (c) Restrict the mode of operation when facilities or equipment are inadequate to protect public health. You can see an example of a County temp permit inspection/approval form here.
The code change (WAC 246-215-09150) for extending the restroom access to 500 feet was specific to mobile food units. The state board of health did not adjust the distance for restroom access in the main food code (05235) for all other food establishments (this includes temporary event vendors) - it remains toilet access for employees within 200’.
Food Booth Construction should be done with non-absorbent, durable and easy-to-clean materials and include: Overhead protection: canopy or permanent structure required outdoors. Approved flooring: booths set up outdoors on porous ground (dirt, grass, gravel) must provide close-fiber minimally absorbent rugs or floor mats; maintain ground free of excessive moisture or dust. Proper Barriers: food preparation areas are separated from areas of public access; grills or hot equipment has at least 4 feet of separation from public access; displayed food protected via a sneezeguard, original packaging or other physical barrier; Condiments not in individual packages are provided in dispenser bottle or in other containers protected from contamination.
Handwashing for Trucks & Trailers at Temporary Events - Per County Health: “We require double handwashing with two handwash sinks. One on the mobile and one in the bathroom. We require a handwash sink with hot water on the mobile for handwashing before handling food. If the mobile is at the site for more than an hour the food staff need bathrooms accessible and a sink with hot water (100-120F) to wash their hands in the bathroom. When the bathroom hand sink doesn’t have hot water, either they need to install hot water or a portable sink needs to be available so they can wash their hands before returning to the mobile.”
Wastewater & Disposal
Per health code: 09135 Water and Wastewater, the person in charge shall ensure that the water system on the mobile food unit: is supplied from an approved source of water, is designed and constructed in an approved manner, is filled from the approved water source through a food-grade hose, is refilled as frequently as necessary to furnish enough hot and cold water for handwashing, food prep, utensil cleaning, sanitizing, and facility cleaning, has a water supply tank with a minimum capacity of five gallons for handwashing, stores liquid waste in a wastewater retention tank with at least fifteen percent more capacity than the water supply tank, and retains wastewater on the mobile food unit until disposed of by an approved method.
Please be familiar with Chapter 5 of our state food code for (mobile) water, plumbing & waste.
Per health code: 05425 Retention, drainage, and delivery operation and maintenance, and removing mobile food unit wastes - sewage and other liquid wastes must be removed from a mobile food unit at an approved waste servicing area or by a sewage transport vehicle in such a way that a public health hazard or nuisance is not created. You are not allowed to dispose of your unit wastes at any other location than what was approved in your submitted and approved plan review.
In your plan review, you will need to describe that you plan to carefully empty & transfer the contents of your wastewater tank (at your kitchen/commissary or servicing area) and dump it in the wastewater sink, for example. Liquid waste shall be emptied from the retention tank to an approved sewage disposal system every time the fresh water is filled. Dumping wastewater onto the ground, storm drainage, carwash facility, or other non-approved sanitary sewage system is not allowed. Written records of disposal (including date, location of disposal, and quantity emptied) must be maintained onboard for at least 6 months. Every 7 days the grey water tank will be cleaned using an item like Energen Grey Water Tank Treatment.
If you are applying for a commissary exemption and or need a disposal site other than a traditional commissary, you can get approved to use a Sanidump site, found in the listings here: https://www.sanidumps.com/
The county health departments will allow an approved septic system to be used to dispose of grey water, provided: the applicant submit a current approval from the county onsite program, AND the system is not part of a private residence, or a property zoned residential. Fresh water must always be received from an approved source, also not part of a residence.
** IMPORTANT (sent to all members 7/25/21): An organization called the Pacific Northwest Pollution Prevention Resource Center has contacted both the City of Seattle and King County regarding their concern about food trucks illegally dumping wastewater and the harmful effects of this illegal dumping on the Duwamish River. It appears that the goal of this pollution prevention organization is to help educate and inform mobile food vendors about the harm of improper wastewater disposal and inform about environmentally safe and legal methods of disposing of food vendor wastewater, which often contains fats, oils, and grease (FOG). Luckily, they have offered to include the WA State Food Truck Association in this discussion, and we welcome the opportunity to assist in this educational effort.
We are NOT aware of any mobile food vendors who are doing this, but both the City of Seattle and King County are taking this issue very seriously and have stated that moving forward they will start specifically looking for food trucks that are illegally dumping their wastewater. It is reasonable to assume that this pollution prevention organization will be expressing their concerns about potential food truck pollution to other counties as well, so don’t assume this only applies to King County food truck operators.
Remember: The only legal place to dispose of your wastewater is in the location indicated on your approved County Health Plan Review. All other locations are prohibited by law. Food truck operators who are found to be illegally dumping their wastewater could face fines and penalties from federal, state, and local regulators. These food truck operators could also be featured on the local TV news or in print media: “Are Food Trucks Polluting Our Cities?”
As someone who has lobbied state and local government officials on behalf of the mobile food industry for the last 7-years, I can tell you that there are some well-represented interest groups and individual business owners (usually brick-and-mortar restaurant owners), who would like to see food trucks banned from operating in cities. This is exactly the kind of issue that they’ve been looking for to justify their push to ban food trucks.
Food trucks are often guests in the cities where they vend, and causing any negative environmental impact is unacceptable and could quickly result in local regulators requiring wastewater disposal logbooks, or other documented proof of proper wastewater disposal, or could result in an outright ban from vending in specific cities or counties. This is a very serious issue.
ALWAYS properly dispose of your wastewater: 1) To comply with the law, 2) To protect the environment, and 3) To protect the food truck industry.
Plan Review Reciprocity- obtaining a secondary permit
As of May 1, 2020 (Per WAC 246-215-09115), due to a new law we proposed, county health must accept a completed and approved plan review of a mobile food unit from another county if you can provide them a copy of your current permit, a copy of the complete approved plan review from the original regulatory authority, a copy of your most recent “routine” inspection report (not your preoperational inspection report, but one from in the field), and any commissary agreements that you were required to maintain under the permit from the original regulatory authority. The regulatory authority may not require you to submit any additional inspections to obtain a permit to operate the mobile food unit. The regulatory authority may require an applicant to submit any restroom agreements, necessary, additional commissary agreements (unless you were given exemption under RCW 43.20.148; or you plan to return to your approved commissary after each day of service as described in the approved plan). The county granting an additional permit may charge you an annual permit fee, but may not charge a plan review or inspection fee. RCW 43.20.149 See a Plan Review Reciprocity Checklist here.
What are the benefits of Plan Review Reciprocity?
Shorter review time. Another Washington state health department already approved your plan. All the next county needs to do is ensure the application is complete and issue a permit.
No pre-opening inspection required. You have been operating successfully in another county.
No plan review fee (some counties may charge a small application fee).
Know Your Risk Category
Risk Level 1
This risk level is assigned to a permit that allows limited preparation steps of potentially hazardous foods and includes sectioning of melons, scooping ice cream, heating of individually pre-packaged ready-to-eat foods for immediate service with limited opening of the package (venting only), and preparation of espresso and/or blended drinks and hot holding commercially prepared hot dogs. It also includes cold holding of commercially pre-packaged ready-to-eat foods, such as sandwiches, without opening of the package. Risk 1 does not include hot holding of food. Mobile cart operations with espresso are included in this risk category as are mobile trucks with frozen foods or meat. These types of operations are inspected once a year.
Risk Level 2
This risk level is assigned to a permit that allows food processing steps such as receiving, storing, preparing, cold holding, and serving potentially hazardous foods. It does not include hot holding of food. It includes limited preparation steps, such as baking bread, frying donuts, and grilling or toasting sandwiches for immediate service. Examples of this type of operation include on-site baking, making smoothies with raw ingredients (fruit, eggs, etc.), cooking waffle cones or cake mixes. Grocery stores with pre-packaged raw meat, poultry, or seafood are also included. These operations receive one routine inspection and one educational visit each year with the exception of National School Lunch Program schools which receive two routine inspections.
Risk Level 3
This risk level is assigned to a permit that allows operations with complex food preparation steps, including thawing, cutting, cooking, cooling, cold holding, reheating, hot holding, time as a control, Approved HACCP and serving of potentially hazardous foods. It includes all operations that provide cooking or hot holding of foods, including meat and seafood markets and mobile trucks. These operations are to receive two routine inspections and one educational visit each year.
Ready for InspectionS
Pre Opening Inspection Checklist:
Complete these items before the pre-opening inspection, which is required in order to obtain your annual mobile permit and will often take place at your commissary or servicing location. Failure to complete these items may result in an additional pre-opening inspection and fees. It is suggested you keep a folder on board to maintain all your food worker card copies, proof of your CFPM certification, food code rules, written health policies for staff, permits, etc. Please know that after your pre-operational inspection, you will receive random inspections by county health (see what they will inspect for here.) If you are considered a high-risk food vendor, this is likely to include 2 inspections per year, but more often if you also serve at large public events.
All construction is complete. (all major cooking appliances (i.e. grill, fryer, griddle, range etc.) are to be Commercial Listed Appliances including BBQ’s & Smokers. Residential appliances for the most part are not suitable for commercial food preparation.
Remove all construction debris.
All floors are clean.
All equipment is properly installed and working according to the approved plans.
All wood surfaces are sealed, painted or varnished. All counters, shelves, back splashes are sealed.
All ceiling tiles and surfaces in any backroom, kitchen, lounge, or behind a wait or sales counter must be vinyl faced or washable.
All refrigerators are commercial grade, turned on, and holding a temperature of 41° F or below.
Food will be thrown away if refrigerators don't meet required temperatures.
All freezers are turned on and holding a temperature of 10° F or below. Food will be thrown away if freezers don't meet required temperatures.
All refrigerators have thermometers installed. (Have an extra thermometer on board.) Helpful chart on how to store foods in a commercial refer, download here.
All lights are shatterproof or have protective covers or sleeves with end caps installed.
All food equipment sinks and counters have been cleaned and sanitized with an approved sanitizer.
Ice machines cleaned and sanitized with an approved sanitizer.
Properly fill and seal all cracks and crevices.
Hot and cold running water is available at all sinks through a mixing faucet.
Properly attach all sinks to the wall and caulking seals any cracks or gaps.
All hand sinks have soap and paper towel dispensers, and health dept. required hand washing sign.
12 inch high splash guards are installed at every sink that is next to another sink, counter or storage area.
All equipment waste lines are properly plumbed and connected to sanitary sewer or on-site sewage system.
Waste lines for food preparation sinks, ice machines, ice bins, dipper wells, and hot and cold wells are indirectly drained with at least a one inch air gap.
The mop sink has a vacuum breaker (backflow device) installed on the faucet to prevent contamination of the water supply.
A Reduced Pressure Backflow Assembly (RPBA) is installed and tested for post mix soda machines (i.e. bag in a box). Test results must be available to the inspector at the time of the pre-opening.
Hot water (100 degrees) is available at all sinks within 30 seconds of turning on the faucet. More info on hot water heaters.
The facility is able to pass the hot water capacity test. The test consists of completely filling 2 compartments of the 3-compartment sink with hot water. Water temperature may not drop below 100° F.
Have your written “Sick Worker Policy” & Procedure plans (see templates/sample at page bottom): Food workers must inform the Person in Charge (PIC) if they have: Symptoms including diarrhea, vomiting or jaundice . A diagnosed illness from Salmonella Typhi, Shigella, Shiga toxin-producing E. coli, or hepatitis A . Infected, uncovered wounds . Sore throat with fever. The PIC must restrict or exclude food workers with these conditions. Notification: The PIC must notify the Health Department if a food worker has jaundice or a diagnosed illness that can be transmitted through food.
Have a copy of your food worker card, and your CFPM if it is required, see more below under the State Food Code section near page bottom.
Find a Food Establishment inspection report form example here.
Have your newly required customer notification sign or placard that the most recent inspection report or a summary provided by county health is available in a location that is conspicuous to customers or by another method acceptable to the REGULATORY AUTHORITY, see code updates below.
Commissary Kitchen Exemption
The county health department must now approve a request for commissary kitchen exemptions or the requirement to operate out of a servicing area if: your food truck or trailer contains all the equipment and utensils needed for complete onboard preparation of an approved menu; your mobile unit is protected from environmental contamination when not in use; your mobile unit can maintain required food temperatures during storage, preparation, service, and transit; your mobile unit has a dedicated hand wash sink; your mobile unit has adequate water capacity; your mobile Is able to store tools onboard needed for cleaning and sanitizing; all food used can be prepared onboard; wastewater and garbage will be sanitarily removed following an approved written plan or by a licensed service provider; and the county health department approves the menu and plan of operation.
In regard to water capacity, please see the Guidance doc mentioned above and below. This explains how much water you will need based on multiple factors that include your service time, number of employees washing hands, menu and ware washing needs. If you explain to county health in your plans that you will be storing any TCS foods overnight, your mobile will need access to power to maintain safe temps. You will need a 3-comp sink for exemption if you plan to do all ware washing on board. And, you will need a servicing location to access fresh water, dispose of waste and clean your mobile kitchen. There is no health code restriction regarding storing your mobile at home overnight, but your city, county or HOA may have one.
Per County Health...."Regarding a meat prep sink... a raw meat prep sink may not be required if raw meats are prepared in a way that do not require the use of a food prep sink. This includes marinating and thawing foods under refrigeration and purchasing large cuts of meat commercially sliced/diced." You can also propose to wash and sanitize the existing prep sink after every use. Also see the Raw Meat Handling section on page 9 of FSAC guidance doc.
A Food Safety Advisory Council Guidance doc was created to help both mobile food unit vendors (apply for a commissary exemption) and the county health plan reviewers. Find the RCW here.
Considerations: WAC 246-215-05240 re/Service sink (2017 FDA Food Code 5-203.13). (1) At least one service sink or one curbed cleaning facility equipped with a floor drain must be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste.
Some answers direct from health: ...mobile food unit is protected from environmental contamination: this refers generally to measures taken to prevent potential sources of contamination that may compromise food safety, such as pest infestation, water leaks that can promote growth of mold and mildew, and wastewater back-up.
If the mobile food unit is parked at your place of residence, all dry and cold storage of foods must be adequately protected against such sources and, if applicable, be maintained under constant temperature control for food safety (mechanical refrigeration). ...all food, water, and ice used on the mobile food unit is prepared onboard: As long as the food and ice are obtained from an approved source, this meets our food code requirement. An approved water source means that fresh water for the mobile food unit is obtained from an approved public water system or an approved well for drinking water pursuant to health department requirements ...wastewater and garbage will be sanitarily removed: some RV sites accept waste water from non-commercial vehicles only. If you intend to use an RV site for disposing of wastewater from your mobile food unit, you must have proof that waste water from commercial vehicles are accepted at such facilities.
Although operating without a commissary does not require a waiver, the health department does need to know how the functions of a commissary are going to be met on the mobile unit. For instance, how will you manage refrigeration space when you receive a delivery of raw product or when you go shopping, or the need to have a mop sink or curbed cleaning facility? You must also consider your overall prep space, equipment, and/or the procedures or operational style to meet food safety needs without a commissary. A general commissary kitchen exemption request cover sheet can be downloaded here so you can include it with any county submission.
Grey water dump station locations: https://www.sanidumps.com/sanidumps_usa.php?id=61
Some counties may require you to have a temperature sensor on board to meet the requirement of your mobile unit’s need to maintain food storage temperatures during storage and preparation.
Policy Questions
Do I Need a 3-Compartment Sink? Per the state food code, Chapter 9 (09155): the PERMIT HOLDER shall ensure: (1) A three-compartment sink is available on the MOBILE FOOD UNIT with potable hot and cold running water to wash, rinse, and sanitize utensils when utensils are reused on the MOBILE FOOD UNIT. BUT - the health department may waive or modify this requirement when a MOBILE FOOD UNIT demonstrates the operation: includes limited food preparation; and (b) has additional clean utensils available and washing takes place at an approved commissary or servicing location.
Just Changing Ownership? If you do not plan to make ANY changes to the menu, commissary location, on board equipment or other major operations that the previous owner had filed with county health, then you just need to file a change of ownership document and pay the fee associated with it. You will need to know the previous PR number, so if they did not provide this to you, you can give us the exact business name and we can look this up for you. Please see the King County instructions here:https://kingcounty.gov/depts/health/environmental-health/food-safety/food-business-permit/permanent.aspx Each county health department will have its own form to file. Typically for a change of ownership application for an existing/currently permitted mobile food unit, it is forwarded to the designated inspector of the commissary for initial review. After all the required documentation is reviewed by the designated inspector, it is then determined if an additional review is required by a plans examiner. All mobile food unit change of ownership applications are reviewed on a case by case basis, due to any previous agreements and approvals being non-transferable to the new owner.
Building a unit with a restroom on board? See the following code sections from WAC 246-215: 05210, 05215, 05230, 05235, 05255, 05275 Subpart C – Mobile Water Tank and Mobile Food Establishment Water Tank: 05300 thru 05365 AND 05400, 09115, 09135, 09140, 09150 (Pierce County’s Health code currently does not allow on board restrooms.)
Smokers - Per L&I: Smokers and bbq units must be listed appliances (NSF, UL, ETL etc.) for interior use (just as all other appliances for cooking), vented or other (under hood possibly) per the manufacturer recommendations and provided with the required clearances in place per the manufacture. This is even if on the back (porch or patio unit) as this is considered the envelope interior area under the roof / shell of the trailer. Many smokers / bbq units are not listed and do not comply and are technically not legal to function on the trailer. Often we find people hauling them on the back then removing and operating the units on the ground and this is ok from our L&I regulations as its not on the trailer. These have high probability of fire and are unsafe when not listed. Make sure you have your county health plans approved for a smoker first before doing construction as not all counties allow them.
Tankless Water Heaters: our members have reported in preferring the following heaters- Marey GA10LP Power 10L 3.1 GPM Propane Gas Tankless Water Heater, Liquid, White on Amazon. Rinnai V53DeP Tankless Water Heaters, 5.3 GPM, V53DeP-Propane/5.3 on Amazon (this model is exterior. If installed on interior, will need to vent on top of heater & vented to exterior.)
Water Heater Capacity - Food Code WAC 246-215-05135. The water source and system must be of “sufficient capacity” to meet the peak water demands. In the new county health guidance document, it states the following: Handwashing: 1 gallon per hour of operation per worker, HW Pressure: >1 gpm (32oz/15 seconds), Warewashing: Able to fill 2 compartments of sink high enough to submerge utensils twice/day (or every 4 hours if onboard PHF prep), Temperature: 110°F for onboard warewashing.
Plan to operate as a 501C3 non profit and donate food? Per WAC 246-215 Chapter 9, Subpart 09400 - Donated Food Distributing Organizations. You are required to still meet Chapter 9 of WAC 246-215 but are exempt from needing a county health operating permit. Ask us about the form that needs to be filed. In King County, you will email: Tony Bui of King County Health at Tony.Bui@kingcounty.gov / 206-263-8434
Restroom Agreements: The restroom agreement form is only required if a mobile food unit will be at a location for more than one hour and there is no public restroom access. When submitting plans, if the applicant knows that they will be stationary at one or more locations for over an hour; then they need to submit the restroom agreement at time of permit application and no longer in the plan review step. If you do not know where you plan to service when you first submit plans for review approval, then indicate this on the restroom form and let the reviewer know you will submit any required restroom forms when you have your preoperational inspection for permit issuance.
Per Local Health: A private residence typically cannot be used to support the operations of a mobile food unit, including being used for restroom access. Here’s why:
inspectors have to be able to verify the restroom meets requirements and usually cannot enter a private residence.
Inspectors, employees and customers (if seating is available, or MFU is on site for more than 1 hr) must be able to access the restroom at all hours the MFU is in operation. This may not be realistic for a residence.
A restroom has to meet requirements: paper towels, easily cleanable (no carpeted floor mats typically found in homes)
If the residence is on septic, additional use may not be allowed.
The exception would be:
If a private residence has been constructed and permitted to be a commissary (separate from the living quarters, all commercial equipment, permitted commercial by all applicable agencies, etc.) rendering it no longer a residence.
If the MFU owner and the residence owner are the same and all restroom requirements are met.
The restroom meets water and sewer/onsite requirements
All other applicable agencies will allow it
Do I need to bring my mobile for inspection, when just requesting to change commissary location? The mobile unit and commissary are permitted together. When the change of commissary is approved, the mobile owner will need to be on site at the commissary with the mobile unit for the preopening inspection. If the mobile unit has had an inspection within the last 3 months, you will not need another. If you have not had an inspection within the last 3 months or, if something observed in the commissary leads to questions about the truck, a routine inspection of the mobile unit may occur.
How to look up inspection reports in any county here: https://www.doh.wa.gov/CommunityandEnvironment/Food/RestaurantInspections
What to do if customers report illness after eating at your food establishment - If a customer notifies you that they suspect becoming ill after eating at your establishment, it is required by the Washington State Retail Food Code that you report the complaint to your County Public Health Department by calling or emailing your assigned Public Health investigator. In addition to being required by law, reporting helps keep people safe.
King County
Seasonal Permits: seasonal permits are for those that are only open for set months every year (such as snack shacks that are only open during the summer months). There are 6-month seasonal permits. The permit described below is a permanent annual permit. However, the permit is prorated to 50% when business will begin operation on or after October 1st. There are also festival permits where a business can purchase a permit for each event. Questions: 206-263-9566.
How do Unlimited Temporary Permits Work? After they receive a temporary food permit application and the permit fee, they conduct a plan review of the application, review the menu, the processes to prepare, store and cook the food and booth set up including handwashing. The health investigator will contact the vendor with any questions that need clarifying. The first permit is normally hand delivered to the vendor at the event. The other permits can be printed by the vendor. The vendor needs to send in an application for each event. There is no charge for sending in applications for other events but if they come in late there is a late fee. Sending in an application 14 days prior to an event is preferable. The late fee covers processing the applications, and contacting investigators for review with limited turn-around time. Contact Rosemary Byrne for temp permit questions: Rosemary.Byrne@kingcounty.gov
Requesting Exemption for Non-Profit? If you are wanting to seek approval for Donated Food Distribution Organization (DFDO) status, it exempts your food truck from a foodservice permit in King County, as the DFDO form replaces the food permit application. To be approved for DFDO status, your organization will need to show proof with a non-profit IRS 501 (c) determination letter and provide food free of charge to the needy. Contact the Health & Environmental Investigator for the Donated Food Distributing Organization Program: Thu.bui@kingcounty.gov | (206) 477-8145 / Main: (206) 263-9566
Can I Check on the Status of My Plans?
Yes, you may check the status of your plan submittal by visiting the Environmental Health’s Online Services portal.
Snohomish County
Plans in Snohomish may take up to 20-weeks to be reviewed. Questions for permitting and applications: Michael Johnson, RS - Food Program Supervisor -|Snohomish Health District 3020 Rucker Ave | Suite #104 | Everett, WA 98201 | p: 425.339.8749 | mjohnson@snohd.org
Permit applications can be made online: https://snohomishonline.envisionconnect.com/Login#/
Re/ Temporary Event permits - mobiles that are not annually permitted do need to submit the application and fee at least 7-14 days prior to the event, either by mail, or in person, so that there will be no late fee. Snohomish County annually permitted mobiles, however, do not need to submit an application for every temporary event. They ask that you submit a mobile notification form that just lets them know you'll be there. There is no time requirement to submit that. For all mobiles that are currently annually permitted in Snohomish County, all they need to do to participate in a temporary event is submit the event info (date, location, food service hours) to: MobileItinerary@snohd.org.
Mobile Food Units (trucks or trailers) that have not been inspected and approved for use by the Washington State Department of Labor & Industries will not be allowed temporary permits by the Snohomish Health District.
You can check on your Snohomish County application status here: https://snohomishonline.envisionconnect.com/#/pa2/search
Pierce County
Appointments are not needed for plan review consultations. They provide assistance or consultations for plan review, temporary events, or general information at the health dept. office Monday through Friday from 8:00-4:30.
How to apply for permit reciprocity for Pierce County: Contact- Carolyn Bassett: CBassett@tpchd.org - They also now have a permit reciprocity form. You will need to email in your complete approved plan review from Seattle-King County (or other county). Pierce may now have an application fee due to all the plan reviews they were receiving that were incomplete and caused them a lot of extra time to process, but you are not required to pay for full plan review.
You must go back through plan review in Pierce if you: remodel or change a current food business, reopen a food business that has been closed for more than 30 days, change your menu, or change the commissary kitchen of a mobile food unit.
Pierce County requires an added health permit if you plan to publicly offer catering services.
How much refrigeration will I need? Mobile units operate out of 2 kitchens (unless exempt); the mobile truck or trailer and the commissary. Each location requires specific refrigeration. On the mobile unit—you must have 2 refrigeration units. Typically, this includes a prep top cooler and a refrigerator with at least 24 cubic feet of capacity. The prep top cooler is used for the service of your menu items. The additional unit holds the back stock needed to operate for the day. At the commissary kitchen—You need space to store raw and prepared ingredients plus space in the walk-in cooler to cool foods made in advance. Referigeration guidance can be found here.
Thurston County
Submitting to operate without a commissary in Thurston County does NOT require a request for waiver form. It just needs to be part of an application (either new facility or reciprocity applications), or for an existing location, and submit supporting information. Although operating without a commissary does not require a waiver, they do need to know how the functions of a commissary are going to be met on the mobile unit. For instance, how will you manage refrigeration space when you receive a delivery of raw product or when you go shopping? You must also consider your overall prep space, equipment, and/or the procedures or operational style to meet food safety needs without a commissary.
Greys Harbor County
Mobile Food Units (trucks or trailers) that have not been inspected and approved for use by the Washington State Department of Labor & Industries will not be allowed temporary permits as of 2023.
Clark County
L&I review and approval is required for any enclosed mobile food unit. It is highly recommended to verify requirements and submit your application with L&I as soon as possible to avoid any delays on issuance of your Health Department Permit. The Health Department can perform an evaluation of your plan review while you are waiting for L&I approval. Proof of L&I approval is required prior to final plan review approval and obtaining a Health Department Permit. **This includes mobile units purchasing a Temporary Event Permit.
Know your temps!
Sensor push - you can get a device and an app that will notify you if the temp changes on your mobile in anyway, this can save you if your truck refrigeration happens to get unplugged at an event! $50 per sensor.
Allergen Update
Previously there were 8 major recognized food allergens. Recently the FDA added sesame seeds to the major allergens, changing it to 9 major allergens. If sesame is an ingredient in your food establishment, be sure to train your employees about this update. The US Food and Drug Administration has more information. Click the link to learn more: Food Allergies | FDA https://www.fda.gov/.../food-labeling.../food-allergies
Estimates suggest that 33 million Americans have food allergies. An allergen is a protein in a food that some people are sensitive to. The immune system thinks that it is harmful and attacks the protein. This is called an allergic reaction. Symptoms of these reactions vary from mild to life threatening. A person could experience hives, swelling, stomach pain, nausea. There could also be very serious respiratory reactions. Food allergies cannot be cured, and cooking cannot remove the allergen, so steps must be taken to manage the allergens.
The major allergens are milk, soybean, peanut, tree nuts, fish, shellfish, wheat, eggs and sesame.
Recycling, Waste & Service-ware
Washington state has banned the use of polystyrene foam and other plastics. Per RCW 70A.245.070 beginning June 1, 2024, the sale and distribution of the following expanded polystyrene products state is prohibited: A portable container that is designed or intended to be used for cold storage, and food service products that include food containers, plates, clam shell-style containers, and hot and cold beverage cups. Washington restaurants are also no longer allowed to hand out plastic utensils, straws, lids or those little packets of ketchup, salsa, and soy sauce — unless the customer asks for them. Plastic bottles and trash bags have to have some recycled content, starting with 10% for trash bags and 15% for beverage containers in 2023 and increasing from there.
Understanding Green Cleaning and Why it is Important
Do you want to clean, sanitize, and disinfect your food truck with SAFER products for you and your customers? Clean SHiFT, a project funded by the University of Washington’s EarthLab, has got you covered! Browse their pages to learn more: University of Washington’s Environmental Health Sciences Project for Food Trucks
Check the Clean Shift website for the “Six Steps For Safer Cleaning and Disinfecting in Food Trucks” and additional resources, product labels, how to use them, and a “spill/cleanup protocol: https://cleanshift.weebly.com/
Check out this green cleaning video with Emily Wigley of the Orca Eats food truck here: https://youtu.be/VZcC37Gxl_I
To request CleanSHiFT stickers or for more information about CleanSHiFT, please email ce@uw.edu or call (206) 685-3089. Please provide your mailing address and choose English and/or Spanish stickers.
Cleaning and Sanitizing
See Chapter 4 of our state food code for more detail on cleaning requirements that include maintenance & operational procedures. Cleaning and sanitizing are not the same. Cleaning uses soap and water to remove dirt and food from surfaces. Sanitizing uses chemicals or heat to kill germs. It is important to remember that surfaces that look clean may still have germs on them that you can’t see. Sanitizing reduces these germs to safer levels.
Food-contact surfaces should be washed, rinsed, and sanitized after each use to remove germs that can cause illness. Other areas in food establishments, like the floors and walls, should also be kept clean. Keeping equipment and kitchens clean will help reduce workplace accidents and the potential for food contamination.
Sanitizers are chemicals used to kill germs. Sanitizers must be mixed by following the directions on the label. Soap should not be added to sanitizers. Use test strips to make sure the sanitizer is not too strong or too weak. The most common sanitizer used in food establishments is a bleach solution made by mixing 1 teaspoon unscented bleach with 1 gallon of cool water.
Disinfecting is removing even more of the germs. This is a much stronger concentration of the chemical solution and should be used in high touch areas and other non-food contact surfaces. Surfaces like restrooms, counters, handles on equipment like refrigerators, and payment devices.
Making sure all these things are done correctly is always important, but it is especially important now, to help reduce the spread of COVID-19. Make sure to look through The Washington State Department of Health COVID-19 Guidance for Food Workers & Food Establishments to stay up to date on all the requirements.
As a part of the recent food code revision: your mobile facility must have sanitizer solution set-up at all times of operation. (Mix 1 teaspoon of bleach in 1 gallon of cool water. Change every 2-4 hours or when cloudy. Store wiping cloths in solution in between uses.) There should be a separate sanitizer bucket to use for surfaces in contact with raw meat. Wiping cloths should be stored in the sanitizer bucket.
Washington State Food Code - WAC 246-215
Newly Revised Retail Food Code is effective March 1, 2022.
New state food safety rules and regulations
New regulations require you to have written plans & procedures for:
responding to vomiting and diarrheal contamination events,
ill worker policy,
time as a public health control,
wild mushroom harvest,
fish freezing records for parasites,
shell stock and shellfish service tags,
variance records,
bare hand contact approvals,
wild game meats, and
receiving donated food.
Per 08350 - You must now: notify customers that the most recent inspection report or a summary provided by county health is available for review by posting a sign or placard, or a modified operating permit provided by the county health department, in a location that is conspicuous to customers or by another method acceptable to the REGULATORY AUTHORITY.
New Management and Personnel Code
WAC 246-215-02115 Duties—Person in Charge. a) Adds verification of temperature and safe storage of foods delivered during non-operating hours. This provision from the 2017 FDA Food Code is designed to ensure protocols are in place to make sure key drop and other deliveries of food are properly protected when employees are not present. b) Adds oversight of routine food temperature monitoring during hot and cold holding. While proper holding temperatures are currently required, this provision explicitly adds oversight to the person in charge. c) Adds language requiring notification of employees of responsibility to report foodborne illnesses and symptoms to the person in charge in a verifiable manner, such as posted signage, signed statements, etc. d) Adds requirement to have written procedures and plans (such as clean-up plans for vomit and diarrhea) that are maintained and implemented to ensure active managerial control.
Newly added food code definition: Active Managerial Control - Active managerial control means the purposeful incorporation of specific actions or procedures by management into the operation of their business to attain control over foodborne illness risk factors. It embodies a preventive rather than reactive approach to food safety through a continuous system of monitoring and verification. Your written procedures must: explain how to perform & monitor the task, and corrective actions needed.
Verifiable Illness Training
The new food code (Code Section 02205) requires establishments to provide each food worker the information below in a way that can be verified. This training will only need to be provided once, but the Person in Charge must be able to prove that every food worker has received this information: (see templates/samples below)
Food workers must inform the Person in Charge if they have: Diarrhea, vomiting, sore throat with fever, jaundice, a lesion on hand or wrist containing pus or an infected wound on hand or wrist that is open and draining.
Food workers must inform the Person in Charge if they are diagnosed with: Norovirus, Hepatitis A virus, Shigella, Shiga-toxin producing E. coli, Salmonella Typhi (typhoid fever), Salmonella (non-typhoidal).
Some examples of verifiable methods:
Keeping a signed statement for each employee stating they have been made aware of this requirement. We recommend storing this signed statement with the employee’s Food Worker Card.
Clearly posting the information in the employees work area or break room, with a sign-off sheet that employees sign once they have gone through it.
Creating a curriculum and keeping a roster of the employees that attend or go through that training. This information can be electronically stored. If it is, the field inspector will be asking to see this information in the computer to verify compliance.
Re/ vomiting & diarrheal events, the FDA has developed an Employee Health and Personal Hygiene Handbook to encourage practices and behaviors that can help prevent food employees from spreading viruses and bacteria to food. This handbook also provides easy reference to forms and tables that retail food establishments need. You can download the handbook here: https://www.fda.gov/food/retail-food-industryregulatory-assistance-training/retail-food-protection-employee-health-and-personal-hygiene-handbook
Newly Required (CFPM) Manager Safety Food Certification
Effective March 1, 2023: (CFPM) Certified Food Protection Manager certification requirement. WAC 246-215-02107
By March 2023, the new food code will require each food service establishment to have at least one Certified Food Protection Manager (CFPM). This CFPM will need to have passed an American National Standards Institute (ANSI) approved food manager test. There are 6 ANSI approved courses that will meet that requirement. The ServSafe Food Protection Exam is just one of the approved with online proctoring available in English, Spanish, and Chinese. (You can also take the exam in person.) There are approx. 90 questions on the exam. Certification is good for 5-years.
A few things to note about the new requirement:
1. The CFPM does not need to be on-site, so all managers do not need to be certified. You could have one person designated as the CFPM for the food service establishment or even several establishments.
2. The CFPM would be responsible for training all the PICs and making sure there is Active Managerial Control. The CFPM will be responsible for implementing a food protection program which helps each Person in Charge (PIC) and any other employees follow the food code.
3. A manager is not required to take an exam prep course or class, although it is encouraged. They are just required to pass the ANSI approved exam.
4. An establishment will have 60 days to replace a CFPM if their previous CFPM leaves.
5. Temporary permitted or low risk vendors are not required to have this certification. You may be lower risk if you are a hot dog cart, coffee kiosk, cinnamon roll or pretzel stand, ice cream shop or temporary food booth. For example, if you only: serve or sell only prepackaged food (includes cold holding temperature control for safety (TCS) like gallons of milk), prepare only non-TCS food like cinnamon rolls, candy, doughnuts, pretzels or blended syrup drinks, heat only commercially processed, ready to eat food that includes lattes and hot holding low risk TCS food like hot dogs, and/or serve food temporarily at short-term events like fairs and festivals. Check with your county health department if you are unsure to avoid receiving risk violations.
New Guidance, Plans & Procedures Templates/Samples
Written plans/procedure for vomit & diarrhea sample template in the file link here or sample clean-up plan.
Employee Health Questionnaire - sample form here.
Employee Health (sick food worker) Policy reporting agreement can be found here.
Staff sickness record - sample form here.
Bare Hand Contact - Guidance, responsibilities, employee procedure & acknowledgment form in file link here.
Donated/Charity food guidelines can now be found here.
Time as a public health control clarification can be found here.
Management plan of operation procedures can be found here.
HACCP Plan template - sample form here.
Restriction and Notification of Ill Food Workers employee signature form and the handout poster to help you meet this requirement in a verifiable way.
Foods that now require date marking. Example chart here and a document toolkit here.
Other State Health Resources:
Food Worker Cards, Health Dept signs for food establishments, guidelines and other resources here: https://www.doh.wa.gov/CommunityandEnvironment/Food/FoodWorkerandIndustry
(PLEASE report any broken links, or edits that need to be made, here).
