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: Ash Noble, ash.noble@sboh.wa.gov
Department of Health Contact: Dani Toepelt, dani.toepelt@sboh.wa.gov
Informal Comment Period Deadline April 15, 2025
The Board coordinated with the Department of Health’s Office of Environmental Health and Safety to convene a Rules Advisory Committee when this work began, and we have worked with the committee to review potential changes. These meetings gathered valuable feedback. The Board is now gathering additional feedback from the broader industry and the public to continue to refine the draft and answer any questions. An “informal comment period” is an opportunity to provide feedback before a formal proposal for rule language. We anticipate additional changes to the draft based on the feedback we receive, and your participation is critical.
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. We are requesting feedback on the draft rule language by April 15, 2025.
Informal Public Comment Links
You may provide feedback on the draft rule through the following ways:
- Written comments and feedback are accepted through April 15, 2025, using the following options:
- Send to the State Board of Health Shellfish Rule email address: shellfish@sboh.wa.gov
- Send via the U.S. Mail to:
Washington State Board of Health
PO Box 47990
Olympia, WA 98504-7990
- Redline Edits are accepted through April 15, 2025. To provide redline edits, open the Redline Document linked above and follow these steps:
- Go to the “Review” tab.
- Select “Track Changes” from the drop-down arrow in the “Tracking” section.
- Make your edits and watch them appear as red markup.
- When finished, save the document as [Last Name, First Name] WAC246-282_Draft
- Send the draft to shellfish@sboh.wa.gov by the April 15 deadline.
- Additional Comment Methods – The Washington State Board of Health is committed to providing access to all individuals that want to participate in our work. Alternative commenting options include verbal comment, support for interpretation and translation, and other accessible options. If you would like to take advantage of these methods of providing comment, please contact us at (360) 236-4110 or email wsboh@sboh.wa.gov.
- Métodos adicionales para comentar: el Consejo de Salud del Estado de Washington se compromete a facilitar el acceso a todas las personas que deseen participar en el proceso normativo. Existen opciones alternativas para hacer comentarios, incluidas las opciones de comentarios verbales, servicios de interpretación y traducción, y otras opciones de accesibilidad. Si desea aprovechar estos métodos para hacer comentarios, comuníquese con nosotros al (360) 2364110 o envíe un correo electrónico a wsboh@sboh.wa.gov.
Please Note - This rulemaking is not related to the Department of Health’s withdrawn shellfish fee Rulemaking. For more information on the fee Rulemaking, please visit https://doh.wa.gov/community-and-environment/shellfish/rules/program-fees-rule-revision
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 are now hosting another informal comment period open to the entire industry and the public.
After the informal comment period, the team will review and consider feedback. As part of the rulemaking process, we will also conduct a significant analysis and a small business economic statement. We will be in touch with industry partners throughout this process so that we can better understand how potential changes could impact costs. We will then consider the next steps based on feedback.
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. This feedback will help the Board make further edits and clarify any questions before a final rule is proposed.
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.
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.
- CR-101 filed on February 23, 2022, as WSR 22-06-034
Related Links
June 12, 2024, Board Meeting
May 16, 2022, Board Meeting
March 9, 2022, Board Meeting
- Cover memo
- Department of Health Emergency Rulemaking for Vibrio Parahaemolyticus Control Plan presentation
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
