Sanitary Control of Shellfish

Summary

Chapter 246-282 WAC sets rules to ensure shellfish are safe to eat. These rules explain how to grow, harvest, process, and sell shellfish. The State Board of Health (Board) creates these rules, and the Department of Health (Department) enforces them. The Department also administers the National Shellfish Sanitation Program.

For More Information

Statutory Authority: RCW 43.20.050, RCW 69.30.030
State Board of Health Contact: Shay Bauman, Shay.Bauman@sboh.wa.gov
Department of Health Contact: Dani Toepelt, dani.toepelt@doh.wa.gov

History and Next Steps

On February 23, 2022, the Board filed a CR-101, Preproposal Statement of Inquiry, to explore revisions to the shellfish sanitation rules. The rulemaking is considering miscellaneous editorial and technical revisions along with updates to WAC 246-282-006, Vibrio parahaemolyticus (Vp) Control Plan.

The Board held an informal public comment period with the Rules Advisory Committee (RAC) from April 12, 2024, to May 24, 2024. 

We worked to carefully review the feedback provided and categorized them into items that can be addressed in the rule, items that can be clarified through a written “response to comments” and items that require further discussion with the RAC.

The Board and the Department hosted a medium/large shellfish grower meeting on December 5, 2024, and a small shellfish grower meeting on December 10, 2024, to gather additional feedback. We also hosted a Tribal shellfish partner meeting on January 7, 2025, and held a debrief meeting with all three groups on February 20, 2025, to discuss key themes, resolve any differences, and consider proposed solutions.

After the workshops concluded, we incorporated the feedback into the draft rule and hosted an additional informal comment period to gather feedback.

After further refining the draft rule, the Board conducted a cost survey to determine the potential financial impacts of the draft rule. The survey was open from June 5, 2025, to June 23, 2025. The survey results will inform a small business economic impact statement and a significant analysis.

The Board is committed to promoting equity in all aspects of the rulemaking process, ensuring fair and inclusive policies that address the diverse needs and perspectives of our communities.

Additional Background

Vibrio parahaemolyticus (Vp) is naturally occurring marine bacteria that can cause serious illness when consumed in raw or undercooked molluscan shellfish. Vp levels can dramatically worsen during warm-weather events as water and air temperatures rise. The Vp Control Plan authorizes enforcement of the rule’s strictest time-to-cooling requirements for harvested oysters starting July 1 of the Vp control season. However, heat wave conditions starting in late June 2021 resulted in a sharp increase in shellfish related Vp illnesses and illustrated the need for changes to the rule.

While rulemaking is ongoing, the Board delegated emergency rulemaking authority to the Department if heatwave conditions occur before July 1. The emergency rule modifies the start date of the strictest harvest control requirements necessary to protect public health. Under the current rule, these requirements start on July 1. The emergency rule shifts the start date for the more protective control measures to mitigate the increased illness risk. The Department filed the emergency provisions on June 6, 2025, due to high forecast temperatures. Emergency rules are in effect for 120 days.

For more information on this rulemaking visit the Department’s rulemaking web page and to stay informed on the rulemaking and other Vp related information, sign up for Vibrio email notices from the Department.

Related Links

June 12, 2024, Board Meeting

May 16, 2022, Board Meeting

March 9, 2022, Board Meeting

January 12, 2022, Board Meeting

December 20, 2021, Environmental Health Committee Special Meeting

October 18, 2021, Environmental Health Committee Special Meeting

May 17, 2021, Environmental Health Committee Special Meeting

March 10, 2021, Board Meeting