§ 69.07.040 — Food processing license—Waiver if licensed under chapter15.36RCW—Expiration date—Application, contents—Fee.

Washington § 69.07.040

• Jurisdiction: Washington
• Title 69: FOOD, DRUGS, COSMETICS, AND POISONS
• Ch. 69.07: WASHINGTON FOOD PROCESSING ACT

Text

(1) It is unlawful for any person to operate a food processing plant or process foods in the state without first having obtained an annual license from the department, which shall expire on a date set by rule by the director. License fees shall be prorated where necessary to accommodate staggering of expiration dates. Application for a license shall be on a form prescribed by the director and accompanied by the license fee. The license fee is determined by computing the gross annual sales for the accounting year immediately preceding the license year. If the license is for a new operator, the license fee shall be based on an estimated gross annual sales for the initial license period.

(2) Applications under this section must include:

(a) The full name of the applicant for the license and the location of the food processing plant he or she intends to operate, and if the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership, or names of the officers of the association or corporation;

(b) The principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant; and

(c) The type of food to be processed and the method or nature of processing operation or preservation of that food and any other necessary information.

(3) Upon the approval of the application by the director and compliance with the provisions of this chapter, including the applicable regulations adopted by the department, the applicant shall be issued a license or renewal.

(4) Licenses shall be issued to cover only those products, processes, and operations specified in the license application and approved for licensing. Wherever a license holder wishes to engage in processing a type of food product that is different than the type specified on the application supporting the licensee's existing license and processing that type of food product would require a major addition to or modification of the licensee's processing facilities or has a high potential for harm, the licensee must submit an amendment to the current license application. In such a case, the licensee may engage in processing the new type of food product only after the amendment has been approved by the department.

(5) If upon investigation by the director, it is determined that a person is processing food for retail sale and is not under permit, license, or inspection by a local health authority, then that person may be considered a food processor and subject to the provisions of this chapter.

(6) The director may waive the licensure requirements of this chapter for a person's operations at a facility if the person has obtained a milk processing plant license under chapter 15.36 RCW to conduct the same or a similar operation at the facility.

Findings — Intent — 2015 3rd sp.s. c 27: See note following RCW 15.36.051 .

Effective date — 1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012 .

Legislative History

[2015 3rd sp.s. c 27 s 7;1995 c 374 s 21. Prior:1993 sp.s. c 19 s 11;1993 c 212 s 2;1992 c 160 s 3;1991 c 137 s 3;1988 c 5 s 1;1969 c 68 s 2;1967 ex.s. c 121 s 4.]