HB 1706 — Concerning the operation, authorization, and permitting of microenterprise home kitchens.

(4) Microenterprise home kitchen operations may engage in one or more of the following activities, subject to rules adopted pursuant to this section:

(a) The direct sale to consumers of food products to be consumed at a location other than the premises of the microenterprise home kitchen operation, whether delivered directly to the consumer by the microenterprise home kitchen operation or by an intermediary;

and (b) Catering activities in which a specific menu and amount of food is prepared on the premises of the microenterprise home kitchen operation for service to a customer at a different location.

(5) Rules adopted pursuant to this section must provide that microenterprise home kitchen operations are subject to the following restrictions:

(a) Food preparation may not involve processes that require a hazard analysis critical control point plan from the department of health, the production, service, or sale of raw milk or raw milk products, as identified in RCW 15.36.012, curing of meats, or the service or sale of raw oysters or other shellfish;

(b) The operation may sell no more than 20 individual meals or meal equivalent portions per day and no more than 100 individual meals or meal equivalent portions per week;

(d) Food products prepared in a microenterprise home kitchen operation may not be delivered outside of the state by the operator ofp. the microenterprise home kitchen operation unless allowed in the state of delivery;

3 HB 1706 of the microenterprise home kitchen operation unless allowed in the state of delivery;

(f) An internet food service intermediary must conspicuously post any fees associated with their digital network in high school equivalent English, offer or provide liability insurance, and notify p.microenterprise home kitchen operations in writing 30 days in advance of any fee change exceeding a two percent increase;

3 SHB 1706 microenterprise home kitchen operations in writing 30 days in advance of any fee change exceeding a two percent increase;

(h) The microenterprise home kitchen operation must post any inspection scores, grades, or other evaluation records required by the departmentlocal health jurisdiction at the entry of the operation during business hours and on any internet page or internet food service intermediary that is offering the operation's food for sale;

(4)(6) MicroenterpriseRules homeadopted kitchenpursuant operationsto mustthis followsection themay requirementsinclude, ofbut theare currentnot foodlimited serviceto, code in chapter 246-215 WAC, unless otherwise exempted by the departmentfollowing uponrequirements: conducting a risk- based plan review pursuant to section 4 of this act.

(5)(a) UponThe conclusionrestrictions ofprovided thein pilotsubsection program,(5) the state board may, based on the department's recommendation, adopt rules for the authorization, operation, and regulation of microenterprisethis homesection; kitchen operations.

(b) The application for and renewal of permits as provided in section 4 of this act;

(c) Inspections as provided in section 4 of this act;

(d) Sanitary procedures;

(e) Facility, equipment, and utensil requirements;

(f) Labeling specificity beyond the requirements of this section;

(g) Requirements for clean water sources and waste and wastewater disposal;

and (h) Requirements for washing and other hygienic practices.

(7) Microenterprise home kitchen operations must follow the requirements of the current food service code in chapter 246-215 WAC, unless otherwise exempted.

Rules adopted pursuant to this section p.

4 HB 1706 must exempt microenterprise home kitchen operations from the following provisions of the food service code, chapter 246-215 WAC:

(a) Handwashing facilities requirements, provided that a sink with one or two large tubs placed next to it is used for washing, rinsing, and sanitizing;

and warm water, soap, and disposable paper towels are available and used in the identified primary toilet room and microenterprise home kitchen operation area by all persons working in the microenterprise home kitchen operation;

(b) Prohibitions on the presence of persons unnecessary to the microenterprise home kitchen operation in the food preparation, food storage, or warewashing areas;

(c) Requirements relating to posting of "no smoking or vaping" signs;

(d) Limitations on employee consumption of food, drink, marijuana or vapor products, or tobacco outside of designated areas when not preparing food for sale;

(e) Display guard, cover, and container requirements.

However, when food is left out uncovered on a kitchen counter or table due to processing steps, such as cooling, active controls are in place to prevent inadvertent contamination by children or pets.

Active controls may include presence of the permittee or an employee or use of child or pet barriers;

(f) Limitations on outdoor display and sale of foods;

(g) Requirements to provide clean drinking cups and tableware;

(h) Requirements pertaining to the characteristics and certification of utensils and equipment, provided that the utensils and equipment are designed to retain their characteristic qualities under normal use conditions;

(i) Requirements pertaining to the characteristics, construction, and multiuse of food-contact and nonfood-contact surfaces, provided that food-contact surfaces are smooth, easily cleanable, and in good repair;

(j) Requirements pertaining to the characteristics, construction, and disassembly of clean in place equipment;

(k) Limitations on the use of wood as a food-contact surface and in connection with other equipment;

(l) Any requirement relating to ventilation, provided that gases, odors, steam, heat, grease, vapors, and smoke are able to escape from the kitchen, unless a serious risk of fire exists;

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5 HB 1706 (m) Requirements that cold or hot holding equipment used for potentially hazardous food be equipped with integral or permanently affixed temperature measuring devices or product mimicking sensors;

(n) Requirements pertaining to the installation of fixed, floor- mounted, and table-mounted equipment;

(o) Dedicated laundry facility requirements, provided that linens used in connection with the microenterprise home kitchen operation must be laundered separately from the household and other laundry;

(p) Requirements pertaining to water, plumbing, drainage, and waste, provided that microenterprise home kitchen operations that have a private water supply have the supply tested at least 60 days prior to permitting and at least annually thereafter and demonstrate through a written record of testing that the water supply is potable and provided that microenterprise home kitchen operations that have a private on-site sewage system have had the system inspected within one year prior to permitting;

(q) Any requirement that a microenterprise home kitchen operation have more than one toilet facility or that access to the toilet facility not require passage through the food preparation, food storage, or utensil washing areas;

(r) Light intensity, light source, and lightbulb requirements, provided that food preparation areas are well-lighted by natural or artificial light whenever food is being prepared;

(s) Requirements to provide and use lockers, storage facilities, and designated dressing areas, and that microenterprise home kitchen operation premises be free of litter and items that are unnecessary to the operation, provided that personal effects and clothing not ordinarily found in a microenterprise home kitchen operation are placed or stored away from food preparation areas and dressing takes place outside of the kitchen;

(t) Limitations on the presence and handling of animals, such as domestic, service, or patrol animals, provided that a pet control plan that precludes pet entry or access to all areas of the microenterprise home kitchen operation during food cooking or preparation is in place;

(u) Requirements pertaining to floor, wall, and ceiling surfaces, provided that the floor, wall, and ceiling surfaces of the kitchen, storage, and toilet areas are smooth, of durable construction, and easily cleanable with no limitations on the use of wood, tile, and p.

6 HB 1706 other nonfiber floor surfaces ordinarily used in residential settings;

and (v) All prohibitions and limitations on the use of a kitchen in a private home as a microenterprise home kitchen operation, provided that food is not prepared in designated sleeping quarters.

Open kitchens adjacent to living and sleeping areas, kitchens in efficiency, studio, and loft-style residences, and kitchens without doors at all points of ingress and egress may be used in microenterprise home kitchen operations.

4.3.

(1) AThe microenterprisestate homedepartment kitchenof operationhealth must obtaindevelop a sample permit fromand theform department.for permit applications.

(2)A The microenterprise home kitchen operation'soperation must obtain a permit mustfrom bethe renewedlocal annually.health jurisdiction, on forms developed by the local health jurisdiction or state department of health.

The departmentlocal musthealth maintainjurisdiction datamay onrequire existinga commissary,microenterprise shared,home orkitchen commercialoperation kitchento facilitiesrenew availableits forpermit rent.annually.

LocalAll applications for permits and permit renewals must be made on forms developed by the local health jurisdictionsjurisdiction willor workstate todepartment inventory,of permit,health and inspectbe commissary,accompanied shared,by oran commercialinspection kitchenfee facilities.as provided in section 4 of this act.

(3)(2) AllAs part of the application for a permit to operate as a microenterprise home kitchen operationoperation, permitsan expireapplicant Juneshall 30,submit 2027.to the local health jurisdiction written standard operating procedures that include all of the following information:

(4) As part of the application for a permit to operate as a microenterprise home kitchen operation, an applicant must submit a written standard operating plan to the department that includes but is not limited to the following information:

p.(b) All food types or products that will be handled;

4 SHB 1706 (b) All food types or products that will be handled;

(f) How food will be maintained at the required holding temperatures pending pickup by the consumer or during delivery if delivered by the operator;

(i)p. When meat and dairy products will be purchased and stored, including for how long such products will be stored prior to use;

7 HB 1706 (i) When meat and dairy products will be purchased and stored, including for how long such products will be stored prior to use;

and (m) Days and times that the home kitchen may potentially be utilized as a microenterprise home kitchen operation.

The listed days and times are provided only for informational purposes and are not binding on the permit holder's actual operations;operations.

and(3) (n)A Ifpermit themay, microenterpriseas homeappropriate, kitchenrequire operationadditional isrefrigeration incapacity a rental property, attestation that operatingis aavailable businessand doesreadily notinstallable violatefor thehome rentalconsumers. agreement.

(5)(4) AThe application for a permit may,is asnot appropriate,required requireto additionalinclude refrigerationpublic capacitywater thatsupply isand availablesewage descriptions, and readilythese installablesystems are not required to be reviewed for homepermit consumers.approval.

(6)(5) AOperating microenterpriseplans home kitchen operation permitted under this section must includebe amade signedon documentforms attesting,developed by opting to become permitted, that the operatorlocal ofhealth thejurisdiction permittedand microenterprisebe homeaccompanied kitchenby operationa understandsreview thatfee theas departmentprovided willin seek to enter the permitted area of the domestic residence housing the microenterprise home kitchen operation for the purposes of inspections pursuant to section 54 of this act.

After(6) A microenterprise home kitchen operation permitted under this section must include a signed document attesting, by opting to become permitted, that the departmentoperator p.of the permitted microenterprise home kitchen operation understands that the local health jurisdiction will seek to enter the permitted area of the domestic residence housing the microenterprise home kitchen operation for the purposes of inspections pursuant to section 4 of this act.

5Nonemergency SHBinspections 1706may presentsoccur officialwhen credentials and provides notice of the purposepermit of,holder andor intentpermit toholder's conduct,agent anis inspection,present theand permitonly holderduring shall allow the departmentnormal tobusiness determinehours ifof the microenterprise home kitchen operation is in compliance with thisreasonable chapteradvance notice, by allowingappointment, accessor topursuant the establishment, allowing inspection, and providing information and records specified in this chapter and to whicha thesearch departmentwarrant. is entitled according to law, during the microenterprise home kitchen operation's hours of operation and other reasonable times.

AbsentUnder aordinary searchcircumstances, warrant,advance thenotice healthprovided inspectorat mayleast nottwo enterbusiness adays homeprior whenis onlyconsidered minorsreasonable areadvance present.notice for purposes of this section.

(7)The Forname purposesand information of permitting, the permittedinspector areaentering includes the home kitchen,must foodbe storage,provided. utensils and equipment, toilet room, janitorial or cleaning facilities, outdoor cooking facilities, and refuse storage area.

Absent a search warrant, the local health inspector may not enter a home when only minors are present.

(7) For purposes of permitting, the permitted area includes the home kitchen, food storage, utensils and equipment, toilet room, p.

8 HB 1706 janitorial or cleaning facilities, outdoor cooking facilities, and refuse storage area.

(8)(8)(a) The departmentlocal enforcement agency shall issue a permit after an initial inspection and review and risk-based assessment of the microenterprise home kitchen operation's standard operating planprocedure have determined that the proposed microenterprise home kitchen operation and its method of operation comply with the requirements of this chapter.

(9)(b) AnThe applicantlocal forhealth ajurisdiction permitmay ornot arequire permit renewal as a microenterprise home kitchen operation must provide documentation that all individuals to becomply involvedwith infood thesafety preparationrequirements ofthat microenterpriseare homedifferent kitchenfrom, operationor foodsin haveaddition securedto, athe foodrequirements andof beveragethis servicechapter. worker's permit under chapter 69.06 RCW.

(9) In addition to the provision of any information required by the local health jurisdiction on forms developed under subsection (1) of this section and the payment of all fees, an applicant for a permit or a permit renewal as a microenterprise home kitchen operation must also provide documentation that all individuals to be involved in the preparation of microenterprise home kitchen operation foods have secured a food and beverage service worker's permit under chapter 69.06 RCW.

5.4.

(1) The permitted area of a microenterprise home kitchen operation must be inspected for basic hygiene by the departmentlocal health jurisdiction before initial permitting under section 43 of this act and may, at the discretion of the department,local health jurisdiction, be inspected up to twiceonce per year after initial permitting only when the permit holder or permit holder's agent is present.present and with reasonable advance notice, by appointment, or pursuant to a search warrant.

TheIn permitaddition, holderthe shalllocal makehealth themselvesjurisdiction availablemay forinspect routinethe inspectionpermitted orarea of a microenterprise home kitchen operation at any time in response to a foodborne p.outbreak or other public health emergency when the permit holder or permit holder's agent grants access, by appointment, or pursuant to a search warrant.

6The SHBauthority 1706of outbreaka orlocal otherhealth publicjurisdiction healthto emergency.inspect a p.

The9 authorityHB of1706 the department to inspect a microenterprise home kitchen operation includes the authority to inspect any records required to be kept under the provisions of this chapter.

For any inspection, the departmentlocal health jurisdiction shall document the reason for the inspection, shall maintain such documentation on file with the microenterprise home kitchen operation's permit, and shall provide the reason for the inspection in writing to the permitoperator holder of the microenterprise home kitchen operation.

(2) When thea departmentlocal health jurisdiction conducts a basic hygiene inspection, the departmentlocal health jurisdiction shall, at a minimum, inspect for the following:

(i) Have obtained a food and beverage service worker's permit under chapter 69.06 RCW;

710 SHBHB 1706 (i)(ii) HaveAre obtainednot apreparing foodmeals andfor beveragesale servicein worker'sthe permithome underkitchen chapterwhen 69.06ill RCW;with a communicable disease or condition;

(ii) Are not preparing meals for sale in the home kitchen when ill with a communicable disease or condition;

(3) Nonemergency inspections may occur only during the normal business hours of the microenterprise home kitchen operation when the permit holder or permit holder's agent is present and with reasonable advance notice, by appointment, or pursuant to a search warrant.

(4) IfShould in the eventlocal thehealth departmentjurisdiction isbe denied access to the permitted area of a domestic residence housing a microenterprise home kitchen operation where access was sought for the purposes of enforcing or administering this chapter, the departmentlocal health jurisdiction may:

(5) AccessThe providedlocal underhealth thisjurisdiction sectionmay ischarge limiteda tofee thefor permittedissuing areaor ofrenewing the microenterprise home kitchen operation,operations duringas regularauthorized businessby hours,RCW and70.05.060. solely for the purpose of enforcing or administering this chapter.

(6) Access provided under this section is limited to the permitted area of the microenterprise home kitchen operation, during the posted operating hours of the microenterprise home kitchen operation, and solely for the purpose of enforcing or administering this chapter.

6.5.

(1) When thea department or the local health jurisdictionjurisdictions determines that any person is engaging in a microenterprise home kitchen operation without a valid permit issued under section 43 of thisp. act, the department or local health jurisdiction may impose penalties consistent with violations of chapter 246-215 WAC.

p.11 HB 1706 this act, or an operator of a microenterprise home kitchen operation is violating any provision of this chapter or any rule adopted under this chapter, the local health jurisdiction may impose penalties or conditions as provided in this section.

8(2)(a) SHBFor 1706 (2) When the departmentfirst determinesviolation awithin permit holder of a microenterprisetwo-year homeperiod, kitchenthe operationlocal ishealth violatingjurisdiction anymust provisionhold ofan thisadministrative chapterconference orwith anythe ruleoperator adoptedof underthe thismicroenterprise chapter,home thekitchen departmentoperation, which may imposeinclude, penaltiesas orappropriate, conditionsan asoffer providedof intechnical thisassistance. section.

(3)(a)(b) For the firstsecond or subsequent violation within a two-year period, the departmentlocal musthealth holdjurisdiction anmay administrativeinitiate conferenceone, withor thea operatorcombination of theone microenterpriseor homemore, kitchenof operation,the whichfollowing maycompliance include,methods: as appropriate, an offer of technical assistance.

(b) For the second or subsequent violation within a two-year period, the department may initiate one, or a combination of one or more, of the following compliance methods:

(3) The operation of a microenterprise home kitchen operation cannot be used as legal grounds for eviction, unless specifically identified in a lease agreement.

6.

(1) If a local health jurisdiction seeks to deny, suspend, or revoke any permit provided for in this chapter, it may do so if, after conducting a hearing, it is determined that a permittee has committed any of the following acts:

(a) Refused, neglected, or failed to comply with the provision of this chapter, any rule adopted to administer this chapter, or any lawful order of the local health jurisdiction;

(b) Refused, neglected, or failed to keep and maintain records required by this chapter or to make the records available when requested pursuant to the provisions of this chapter;

(c) Consistent with section 4 of this act, refused the local health jurisdiction access to the permitted area of a domestic p.

12 HB 1706 residence housing a microenterprise home kitchen operation for the purpose of carrying out the provisions of this chapter;

(d) Consistent with section 4 of this act, refused the local health jurisdiction access to any records required to be kept under the provisions of this chapter;

or (e) Exceeded the meal preparation limits provided in section 2 of this act.

(2) The local health jurisdiction may summarily suspend a permit issued under this chapter, whether or not the permittee has been found to have committed a prior violation, if the health officer or designee finds that a microenterprise home kitchen operation is operating under conditions that constitute an immediate danger to public health or if the local health jurisdiction is denied access to the permitted area of a domestic residence housing a microenterprise home kitchen operation and records where the access was sought for the purposes of enforcing or administering this chapter.

NEW SECTION.

Sec.

(1)Except Ifas theotherwise departmentprovided seeksin tothis deny,chapter, suspend,a ormicroenterprise revokehome anykitchen permitoperation providedwith fora invalid thispermit chapter,under itsection may3 doof sothis if,act afteris conductingnot asubject hearing,to itthe isprovisions determinedof thatchapter a69.07 permitteeRCW hasor committedto anypermitting ofand inspection by the followingdepartment acts:of agriculture.

(a) Refused, neglected, or failed to comply with the provisions of this chapter or any lawful order of the local health jurisdiction;

(b) Refused, neglected, or failed to keep and maintain records required by this chapter, any rule adopted to administer this chapter, or to make the records available when requested pursuant to the provisions of this chapter;

(c) Consistent with section 5 of this act, refused the department access to the permitted area of a domestic residence housing a microenterprise home kitchen operation for the purpose of carrying out the provisions of this chapter;

p.

9 SHB 1706 (d) Consistent with section 5 of this act, refused the department access to any records required to be kept under the provisions of this chapter;

or (e) Exceeded the meal preparation limits provided in section 3 of this act.

(2) The department may summarily suspend a permit issued under this chapter, whether or not the permittee has been found to have committed a prior violation, if the health officer or designee finds that a microenterprise home kitchen operation is operating under conditions that constitute an immediate danger to public health or if the department is denied access to the permitted area of a domestic residence housing a microenterprise home kitchen operation and records where the access was sought for the purposes of enforcing or administering this chapter.

ExceptA asnew otherwise provided in this chapter, a microenterprise home kitchen operation with a valid permit under section 4 of this act is notadded subject to the provisions of chapter 69.07 RCW or to permittingread andas inspectionfollows: by the department of agriculture.

(1) This chapter does not apply to a microenterprise home kitchen operation with a valid permit under section 3 of this act.

(2) This section expires June 30, 2026.

A new section is added to chapter 69.0770.54 RCW to read as follows:

(1) ThisThe chapterdepartment doesof nothealth applyshall tocompile and maintain, in a manner and format readily accessible by the public, statistics related to the number and distribution of microenterprise home kitchen operationoperations withpermitted apursuant validto permit under section 43 of this act.

(2) This section expires June 30, 2027.2026.

AIn newcompliance sectionwith isRCW added43.01.036 toand chapterby 70.54July RCW1, 2026, the state department of health must submit a report to readthe aslegislature follows:reviewing the program adopted in this act and p.

The13 departmentHB of1706 healthproviding shallrecommendations compilefor andnecessary maintain,legislation inregarding a manner and format readily accessible by the public,program statisticsadopted relatedin to the number and distribution of microenterprise home kitchen operations permitted pursuant to section 4 of this act.

BeginningSections one1 yearthrough after7, the12, pilotand program14 begins, by June 30th of eachthis year,act theconstitute departmenta mustnew submitchapter an annual report to the legislature and the governor in complianceTitle with69 RCWRCW. 43.01.036.

Reports should include, but are not limited to, the following:

(1) Reviewing the program adopted in this chapter;

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10 SHB 1706 (2) Statistics related to the number and distribution of microenterprise home kitchen operations to be permitted or that are permitted;

(3) Data on existing commissary, shared, or commercial kitchen facilities available for rent;

(4) Any foodborne illness outbreaks associated with any microenterprise home kitchen operation;

and (5) Providing recommendations for necessary legislation regarding the program adopted in this chapter.

SectionsThis 2 through 8, 11, and 13 of this act constitute a new chapter inexpires TitleDecember 7031, RCW.2028.

This chapter expires June 30, 2027.

NEW SECTION.

Sec.

14.

15.14.

The obligation of local governments to comply with the requirements established in sections 2 through 86 of this act is contingent on the provision of state funding to local governments for the specific purpose of complying with these requirements.

1114 SHBHB 1706