Food Processors License Handbook & Application
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Applications
Food Processors License Handbook
Table of Contents
Operating a Business in Washington State
Department of Agriculture Food Safety Licensing
Other Requirements for Various Operations
Introduction
Processed foods are subject to health regulations controlling facility construction, sanitation, product standards, and package labeling. "Food processing" means the handling or processing of any food in any manner of preparation for sale for human consumption. This includes dried fruits, herbs, teas, baked goods, cider, and many other food products which are processed for wholesale distribution and food that is custom processed for another party. It does not mean fresh fruit or vegetables merely washed or trimmed while being prepared or packaged for sale in their natural state (69.07.01 RCW).
As a potential food processor, your primary concern should be to provide a safe, wholesome food product with emphasis on maintaining public health. Recent data suggests that at least 250,000 and possibly as many as 1,500,000 cases of food borne illnesses occur in Washington State each year.
Most of us are aware of the recent E. coli 0157:H7 food poisoning outbreaks due to improperly cooked, contaminated ground beef and raw apple juice products from out of state, but we also need to be aware of recent Salmonella, Listeria and E. coli outbreaks that have been caused by food produced in this state as well. For example in 1996-1997 at least 90 persons became ill in the Yakima Valley area with Salmonella. These illnesses were associated with the consumption of raw milk soft cheese. Since 1994, E. coli 0157:H7 has caused illness in at least 6 individuals after consuming raw apple cider obtained at charity fund raising events. Listeria continues to be found in some samples of products such as cider, coleslaw, cut melons and cheese in this state.
Other diseases such as food borne hepatitis, which can be spread to several hundred consumers by one food worker not using good personal hygiene continue to be of concern. There are also relatively new organisms on the scene. Campylobacter jejune, not exactly a household word, is rapidly becoming one of the most commonly reported sources of food borne illness outbreaks. Currently it is responsible for almost half the reported food borne illness in the United States. Washington State is not immune from problems caused by this organism. For example, in May of 1997, several members of a scout troop became ill from this pathogen after consuming raw milk during a visit to a dairy farm.
While the average person has little control over these problems, as a potential food processor you will be in a position to significantly alter some of these rather dismal statistics. If your facility is properly constructed and capable of being properly cleaned and maintained, and when you practice good ongoing sanitation procedures and proper food handling and storage techniques you can play a key role in cutting down the incidence of food borne illnesses. New food safety assessment techniques, such as the Hazards Analysis and Critical Control Points (HACCP) approach, can also be of invaluable assistance in ensuring Food Safety.
Remember: You have a responsibility—not only to provide your customers with a good, quality product, but also a food product that is safe.
If you have any questions that are not answered in this packet, please call the Washington State Department of Agriculture, Food Safety Program at (360) 902-1876.
Operating a Business in Washington State
Master License
All businesses operating in Washington State are required to register the business with the State of Washington Master License Service. A trade name search is conducted within the State of Washington for the business name listed on the application form to assure no other business operates under the same business name. A nine-digit Unified Business Identifier (UBI) number is assigned to the owner of each business that is registered with the Department of Licensing and serves as your tax registration number.
Contact:
State of Washington Master License Service
P.O. Box 9034
Olympia, WA 98507-9034
(360) 664-1400
Limited Partnership or Corporation
To form a limited partnership, you will need to file a Limited Certificate of Formation with the Secretary of State. To form a corporation, file Articles of Incorporation with the Secretary of State.
Contact:
Secretary of State, Corporations Division
P.O. Box 40234
505 East Union, Republic Building, 2nd Floor
Olympia, WA 98504-0234
(360) 753-7115
Employer’s Identification Number
Businesses that employ personnel need to obtain a federal identification number by filing Form SS-4 with the Internal Revenue Service. A federal identification number assigned to your business will also be registered with the Internal Revenue Service, Social Security Administration and the Department of Labor.
Contact
Internal Revenue Service (800) 829-1040
Trademark and Service Marks
You may protect your business trademark or service mark by registering with the U.S. Government Department of Commerce.
Contact
United States Department of Commerce
Patent and Trademark Office
Phone: (800) 786-9199 or (703) 308-4357
Internet: United States Patent and Trademark Office Home Page
Municipal and County Business Licenses
Contact your city hall or, if you are located outside city limits, your county courthouse, to determine if a local business license is required and to be sure your business location is properly zoned for your planned business activity.
Washington Manufacturing Services
The Washington Manufacturing Services (WMS) is a nonprofit company dedicated to assisting Washington small manufacturers undertake projects to improve their competitiveness. WMS project managers offer seminars and also work directly with companies to determine their needs and then develop and manage projects that address those needs. WMS seeks to be Washington manufacturer’s one-stop shop for answers and resources needed to achieve world-class competitiveness.
Contact
Washington Management Services
8227 44th Ave SE, Ste D
Mukilteo, WA 98275
(425) 438-1146
Fax: (425) 438-2755
website: www.wamfg.org
Washington Small Business Development Centers
The Washington Small Business Development Centers provide valuable counseling, training and research services to business owners or prospective owners, operating in a rapidly changing business environment:
- No-cost confidential counseling
- Affordable workshops & seminars
- Research, informed business decisions
- Valuable on-line business resources
Contact
Washington Small Business Development Centers
website: www.wsbdc.org
Waste Water Management
Depending on the amount and type of wastewater produced at your site, the waste water may be regulated by the county Department of Health, Washington State Department of Health, or the Washington State Department of Ecology. Contact your local county Department of Health office to determine the waste water regulator for your specific facility.
Local County Health Departments
State & Local Department of Health
- Your local County Health Department (District) licenses retail food establishments that sell their food products directly to the consumer, this also includes bakeries that sell less than 25% of their products through wholesale distribution. Contact your local County Health Department (District) in your county for further retail licensing information.
- The State Department of Health Division of Drinking Water or your County’s Department of Health (depending on the size of the system) also monitor water systems to verify that the water you are using in your facility meets the potable water standards.
Local County Health Departments
State Department of Health Division of Drinking Water
Washington State Department of Agriculture
Food Processor Licensing
Which Food Processors Need a WSDA License?
- All processors who sell 5% or more of their processed food products through wholesale distribution networks (unless not licensed and inspected by any other agency).
- All bakeries that sell more than 25% of their products wholesale.
- All processors who process low acid canned foods (i.e. canned fish, vegetables or retorted pouches of fish, vegetables, etc.) whether retail or wholesale.
Exceptions
- Processors who have a current WSDA dairy license are not required to obtain a food processor license. Contact WSDA for more information: (360) 902-1876
- Winery and brewery operations obtain their license through the Washington State Liquor Control Board. However, these facilities must maintain the WSDA sanitation standards outlined in the Regulations section listed below. Contact the Liquor Control Board for more information: (360) 664-0012.
Regulations
Please review the enclosed regulations before you complete your Application for a Food Processing Plant License:
-
Intrastate commerce in Food, Drugs, and Cosmetics Chapter 69.04 RCW;
- Washington Food Processing Act Chapter 69.07 RCW; and
- Current Good Manufacturing Practices in Manufacturing, Packing, or Holding Human Food Title 21, CFR, part 110, chapter 1.
License Application
Complete and send the Food Processor's Application and Attachments A, B, C, D, and E along with check or money order to:
Department of Agriculture
Food Safety & Animal Health Division
P.O Box 42591
Olympia, WA 98504-2591
When WSDA receives your completed application and license fee, a Food Safety Officer will contact you and schedule a meeting with you to inspect your food processing facility. If your facility is not approved for licensing within six months of your application or if you decide not to pursue this business, WSDA will refund your licensing fee.
Inspection Procedures
Once the Food Safety Officer (FSO) has contacted you to meet with you at the facility, the initial inspection normally takes one to two hours. The FSO reviews all food handling and storage areas of your facility and inspects the product packaging and labeling. Before leaving the facility, the FSO will leave a copy of the inspection report with you. The inspection report will note any areas that require correction. At that time the inspector will also inform you of your licensing status (approved or denied). All subsequent inspections are unannounced visits and will occur every six to twelve months.
Licensed Products
Licenses cover only those products, processes, and operations specified in the license application and approved for licensing by the FSO. When a licensed processor wishes to add another type of food product that is different than the products specified on their license, the licensee must submit to the Olympia office, an amendment stating the type of product along with the processing steps, and a copy of the label.
Amending Licenses
Processors must submit a Request for Amendment to Food Processor Application for the following situations:
- Processing a new type of food requires a major addition to or modification of the licensee’s processing facilities;
- Product has a high potential for food safety hazards; or
- As otherwise required by WSDA.
In such cases, the licensee may engage in processing the new type of food product only after the Washington State Department of Agriculture has approved the amendment. The approval process may require an inspection or require only official review of the license amendment, depending on the circumstance.
Processors must submit a license application amendment for the following situations:
- Processing a new type of food requires a major addition to or modification of the licensee’s processing facilities;
- Product has a high potential for food safety hazards; or
- As otherwise required by WSDA.
In such cases, the licensee may engage in processing the new type of food product only after the Washington State Department of Agriculture has approved the amendment. The approval process may require an inspection or require only official review of the license amendment, depending on the circumstance.
License Issuance and Renewal
The Food Processor’s License is non-transferable. If you sell your business, the new owners must apply for a new license. If you move to a new location you must apply for a new license for the new facility location. Please notify your inspector or the Olympia office if you sell your business or move to a new location.
All licenses expire June 30th of each year,
regardless of the date the original license was issued.
The Processing Facility
Home Processor
When processed food is intended for resale to the public, the State Board of Health prohibits the processing of such food products in domestic sleeping or living quarters--this includes domestic kitchens. However, a processor may establish a separate facility to process food in their home. The processing area must be a separate area dedicated to the commercial processing operation only.
Bathrooms in Home Processor Facilities
If only members of the immediate family work in the processing operation, the home bathroom satisfies the requirements as long as it is adequate (e.g., flush toilet, sink with hot and cold running water, proper plumbing, tight self-closing door, soap, single service towels etc.). When a processor hires persons outside the immediate family, a separate bathroom for the food processing facility is required.
Processing Equipment
A Food Safety Officer (FSO) will review your specific equipment at the time of inspection. In general, equipment should be made from materials that are easily cleaned and in good repair. Stoves, refrigerators, dishwashers, and other appliances and motorized processing equipment need NOT be a "commercial" type as long as they are made from materials that are easily cleaned and the equipment is in good repair.
Worktables and Counters
Worktables and counters must be in good repair and have surfaces that are easily cleaned and non-corrosive:
Recommended
Stainless steel and hi-impact, scratch-resistant plastic (Formica, Teflon, and thermal plastic) are recommended for most contact surfaces.
Satisfactory
Metal or finished wood is satisfactory.
Not Satisfactory-Unfinished Wood
Except hardwood tables used for bakery make-up tables, unfinished wood frames, counter tops and shelves are NOT satisfactory.
Floor Materials
The type of flooring material varies with different processing areas and the amount and type of foot traffic. Food processing areas require flooring which can be readily cleaned and in good repair. Materials such as well-sealed hardwood may be suitable for some areas of a bakery where dry clean-up methods are appropriate.
Food processing areas that require flood-type cleaning (such as a fish plant), need well-sealed concrete floors with cove base and adequate drains. Heavy use areas with large, moveable equipment require more durable flooring.
Unfinished wood floors are NOT suitable in any plant areas.
In general, vinyl linoleum or tile floor covering may be satisfactory for very small operations where vacuuming and wet mopping provide sufficient clean up. Larger operations, particularly those processes that are "wet" in nature (e.g., fish, fruit, vegetables, beverages, tofu) require an easily drained, well-sealed concrete or tile floor.
Lighting
Adequate lighting means an amount of light that allows ease in cleaning and provides a safe, well-lit work place. All light fixtures above equipment or areas where food is exposed must be break-proof. Tuff-skin or plastic coated incandescent bulk sheets that fit around fluorescent tubes are satisfactory for this purpose.
Sinks
Some operations will require a 3-compartment sink. Other processors may use a 2-compartment sink if each compartment is large enough to accommodate washing of the largest utensils (e.g., mixing bowls, sheet pans, trays, etc.) A LARGE 2-compartment sink may be more suitable for the purposes of some processors than a SMALL 3-compartment sink.
Handwash Sinks
Food handlers in a food processing establishment must have access to one or more hand washing facilities with hot, cold, or tempered running water and equipped with soap and single service towels and handwash signs; In order to meet this requirement, this means:
- There is at least one hand wash facility located in the food processing area in a location convenient to each food handling area when hands come into contact with or manipulate unwrapped or unpackaged ready to eat food. (Hand sanitizing stations may be required if appropriate); or
- Hand wash facilities are located in rest rooms or other areas in operations where food is not manipulated by hand and hands do not contact the food; or
- Hand wash facilities are located in rest rooms or other areas and hand sanitizing stations are located in food processing areas in operations where food would normally undergo further preparation (for example washing, cleaning, cooking or other processing) either in the plant or by the consumer that would adequately eliminate physical, chemical and microbiological contaminants introduced by handling.
Ventilation
Hoods, fans or other measures to exhaust excess steam and condensation to the outside are necessary in processing operations where products are cooked and heated, or where there are otherwise considerable amounts of steam or other vapors released in the processing area. Hoods are required over deep fat fryers, stovetops and ovens. These hoods must be connected to fans and/or vents that exhaust to the outside.
Walls
The kind of wall finish depends on wall location in the plant, the proximity to work counters, sinks, and equipment and the amount of splash and cleaning exposed to the wall. Painted drywall may be suitable in warehouse areas, but it is NOT suitable in fish plants and produce processing operations such as potato or apple processors and other plants where wet clean up is necessary.
In general, wall areas in "wet" operations must be covered with a washable, non-porous, non-corrosive, smooth material that will not deteriorate when it gets wet. Wall areas within three feet of work counters, tables, and equipment must be covered with a similar material.
Recommended Stainless steel, fiberglass paneling (called glass board or Chemlite in the trade)
Satisfactory Galvanized aluminum and Formica. Vinyl covered fiberboard panels (also called Marlite in the trade), commonly used to panel bathrooms, may be used, but are easily scratched and worn from scouring and cleaning.
Water Supply
Your water supply must meet the State Department of Health (DOH) requirements for potable water. If you are on a public water supply (city or municipal water supply or water association) it meets these requirements. If you are on a well or other private supply, depending on the number of employees and how many days you operate, you must meet the State Department of Health (DOH) requirements for a group A or group B water system, or for single family processor with no outside employees, equivalent requirements under WSDA. See Attachment E in the licensing packet to determine where you fall.
Note: Bottled water manufacturing operations must also meet specific requirements under Title 21 CFR, Part 129. Processing and Bottling of Bottled Drinking Water and Title 21 CFR, Part 165, Beverages.
Refrigeration
The refrigeration requirements of the product and the need to refrigerate those products must be considered. All hazardous food (those products capable of allowing pathogen growth at temperatures between 38° F and 140° F must be refrigerated, unless they are properly stored as a low acid canned food or acidified food, or are held at temperatures above 145° F. You will also need to determine your ability to adequately refrigerate those products while in storage and in transit. Our laws require foods to be cooled to 45° Fahrenheit in four (4) hours. You need to demonstrate the availability of facilities or provisions for refrigeration of such products (i.e. refrigerators, freezers, coolers, ice chests, insulated boxes with gel ice, etc.) and the efficiency of the equipment prior to license approval.
PACKAGING AND LABELING
Packaging Material
The packaging material must protect the product from contamination and must NOT impart any toxic or deleterious substance to the processed food product.
Labeling
Product labels must include the following information:
- Name and place of business for the manufacturer, packer, or distributor;
- Accurate statement of the quantity of the contents by weight;
- Product identity (common or usual name of the food);
- Ingredient list (when processed food is fabricated from two or more ingredients) of each ingredient in descending order of predominance. Food products that include spices, flavorings and colorings as ingredients may designate these products as spices, flavorings and coloring on the ingredient list.
NOTE: It is particularly important to label those ingredients that cause allergenic reactions in certain individuals. The following common food allergens would prompt product recalls if not declared as ingredients: Peanuts, tree nuts, eggs, fish, crab, shrimp, lobster, milk, soybeans, wheat, sulfites, yellow dye #5.
Perishable Products
Perishable packaged food products with a projected shelf life of thirty (30) days or less must state the pull date on the package label. The pull date must be stated in day and month, and in a style and format that is readily decipherable by consumers. Also, when products require refrigeration either before or after opening, such information must be on the label.
Nutritional Labeling
The Nutritional Education and Labeling Act requires specific information regarding the nutritional value of the processed food product on the product label. Contact the United States Food and Drug Association in Bothell, WA (425) 486-8788 to obtain more information or to learn if you are exempt from this labeling requirement.
Universal Product Code
The Universal Product Code (UPC) is an eleven-digit numeric code that identifies a retail consumer package. The symbol can be read by a computer scanner at check stands and allows for ease in checkout, accurate pricing, and collection of sales data.
Although the UPC program is voluntary, a manufacturer’s number assignment can only be obtained through membership in the Uniform Code Council. Sales volume determines cost of the membership.
Contact
Uniform Code Council, Inc.
8163 Old Yankee Road, Suite J
Dayton, OH 45458
(937) 435-3870
The Universal Product Code (UPC) is an eleven-digit numeric code that identifies a retail consumer package. The symbol can be read by a computer scanner at check stands and allows for ease in checkout, accurate pricing, and collection of sales data.
Although the UPC program is voluntary, a manufacturer’s number assignment can only be obtained through membership in the Uniform Code Council. Sales volume determines cost of the membership.
Contact
Uniform Code Council, Inc.
8163 Old Yankee Road, Suite J
Dayton, OH 45458
(937) 435-3870
Other Requirements for Various Operations
Fish and Fishery Products HACCP Plan
As required by the Food and Drug Administration (FDA), all processors of fish and fishery products are required to develop and implement a Hazard Analysis Critical Control Point (HACCP) plan. Fish and fishery product processors must conduct an analysis to determine areas where food safety hazards are likely to occur and identify preventive measures for each potential hazard. Food safety hazards can be introduced within and outside the processing facility. A Food Safety Officer reviews the HACCP plan during the GMP inspections.
21 CFR Part 123 - Fish and Fishery Products
Contact:
WSDA Food Safety Program
P.O. Box 42560
Olympia, WA 98504-2560
Phone: (360) 902-1876
Fax: (360) 902-2087
Organic Certification
"Organic food" means any agriculture product, including meat, dairy and beverage, that is marketed using the term organic or any derivative of organic in its labeling or advertising (15.86.020 RCW). In addition to any required food processor license, all producers, handlers, and processors of organic food who represent their products as organic (including listing organic ingredients on the ingredients panel) must obtain organic certification from the WSDA Organic Food Program or a third-party organic certification agency recognized by WSDA.
The organic certification provides independent verification that the product was produced, handled, and processed in accordance with the Washington Organic Food Products Act (chapter 15.86 RCW).
Contact
Washington State Department of Agriculture
Organic Food Program
P.O. Box 42560
Olympia, WA 98504-2560
Phone: (360) 902-1877
Fax: (360) 902-2087
Email: organic@agr.wa.gov
Low-Acid and Acidified Food
"Low-acid food" means food with a pH greater than 4.6 and water activity greater than 0.85 that is meant to be stored unrefrigerated prior to opening. "Acidified food" means a low-acid food to which acid or acid foods are added to attain a finished pH at or below 4.6 and which is meant to be stored unrefrigerated prior to opening.
Unless an analysis shows otherwise, WSDA considers salsa, sauce and dressing products low-acid or acidified foods. Low-acid and acidified foods present potential serious health hazards and are subject to regulations specified in Title 21 of the Code of Federal Regulations, Parts 113 and 114.
The Federal Drug Administration (FDA) requires processors of Low-acid and acidified foods to:
- Register with the FDA; not later than 10 days after first engaging in the manufacturing process of AF (acidified foods) or LACF (low acid canned foods).
- File scheduled processes for each product and container size;
- Receive appropriate training from an FDA approved processing school;
- Maintain specific processing records; and
- Use equipment that meets certain requirements.
Contacts:
Regional FDA Office
P.O. Box 3012
22201 23rd Drive SE
Bothell, WA 98021-4421
(425) 486-8788
FDA Center for Food Safety & Applied Nutrition
LACF Registration HFS-618
200 "C" Street SW
Washington, DC 20204
(202) 205-5282
FDA Acidified and Low-Acid Canned Foods
JAS Mark
The JAS mark stands for Japanese Agricultural Standards. In Japan, the JAS label appears on food products that meet the quality of standards set by the Japanese Ministry of Agriculture, Fisheries and Forestry and the Ministry of Health and Welfare. Japanese consumers view the JAS symbol as a guarantee of quality and JAS labeled products have a marketing edge in Japanese markets. The Oregon Department of Agriculture (ODA) provides a JAS certification program for juice products, canned fruits, and canned vegetables.
Contact
Oregon Department of Agriculture
Export Service Center
1200 NW Front, Suite 320
(503) 229-6557
Kosher Certification
Kosher refers to foods that meet Jewish dietary laws.
Some of these dietary laws include:
- No shellfish
- No animals with cloven hoof
- No mixing of dairy and meat products
- Equipment used for a dairy or meat product must be appropriately cleaned
before being used for any other product.
- Food production must be verified by a Kosher monitoring agency, or an
Orthodox Jewish Rabbi.
If Kosher standards are met, a symbol signifying the Kosher approved status of the products can be placed on the packaging label. National and regional monitoring agencies each have their own symbol and the rights for use of the symbol. To obtain more information about Kosher certification:
Regional Contact
Rabbi Moses Londinski
Kosher Services - Square K
P.O. Box 18915
Seattle, WA 98118
(206) 878-1065
National Contact:
Rabbi Genack (U)
Union of Orthodox Jewish Congregations
45 West 36th Street
New York, New York 10018
(212) 563-4000