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
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
