What's Happening?
State Board of Health (Board) Rulemaking – Permanent Amendments to Chapter 246-282 WAC, Sanitary Control of Shellfish
On February 23, 2022, the Board initiated rulemaking to update chapter 246-282 WAC, Sanitary Control of Shellfish. This rulemaking will consider permanent updates to the rules including to WAC 246-282-006, Vibrio parahaemolyticus (Vp) Control Plan.
Why?
Vibrio parahaemolyticus (Vp) is a naturally occurring bacteria found in marine waters. Molluscan bivalve shellfish acquire Vp through filter feeding. Humans who consume raw or undercooked shellfish containing Vp can develop an intestinal disease called Vibriosis,
In 2021, there were a high number of vibriosis cases involving Washington shellfish largely due to exceedingly high temperatures during the summer months.
The department expects this trend to continue. This indicates a need to review the rule requirements to determine if the current controls are adequate to protect consumers and consider more if more proactive measures to prevent illness and protect public health are appropriate.
Revisions could include a combination of requirements based on environmental factors to determine the safety of shellfish prior to harvest and consumption. The rule revision may also include updating definitions, seed size and other technical and editorial changes as needed.
As standard Board rulemaking, the work will likely take two or more years to complete and is on-going.
Updates were given to the Board on August 9, 2023 and June 12, 2024. More information and meeting materials can be found on the State Board of Health Meeting Information and Sanitary Control of Shellfish rulemaking webpages.
Note: This rulemaking is not related to the Department of Health’s withdrawn shellfish fee rulemaking.
Get Involved
As part of the next step in the rulemaking process, the Board invites all shellfish operations and tribal partners to complete a survey to help us understand the costs, cost savings, and benefits associated with the draft rule. The survey will be open June 5-19, 2025.
Rule Advisory Committee Meeting Presentations
A Rule Advisory Committee met several times to discuss possible changes to the Sanitary Control of Shellfish, covering a wide variety of topics.
- October 2022 (PDF)
- December 2022 (PDF)
- January 2023 (PDF)
- February 2023 (PDF)
- March 2023 (PDF)
- April 2023 (PDF)
Frequently Asked Questions: Seed Size, Aquaculture, and Wild Seed (PDF)
To stay informed about this rulemaking and other Vp related information, sign up for Vibrio email notices.
Rulemaking Timeline
| February 2022 | File CR-101 |
| February 2022 | Notify interested parties |
| October 2022 – February 2025 | Draft rules and work with Rules Advisory Committee |
| March – April 2025 | Informal comment period |
| April – July 2025 | Assess informal comments, revise draft rule if necessary, and prepare analyses |
| September 2025 | File CR-102 |
| November 2025 | Public hearing |
| December 2025 – January 2026 | File CR-103 |
| December 2025 – January 2026 | Notify interested parties |
Rulemaking Files
| Document | What's This? | Date Filed |
|---|---|---|
| CR-101 – Preproposal Statement of Inquiry | Announces intent of permanent rulemaking. | February 23, 2022 |
| Redline Chapter 246-282 WAC Draft Changes (Word) | Draft changes for informal public comment period. Comments due by April 15, 2025. | |
| Draft Rule Language (PDF) | The most recent draft rule language as of June 5, 2025. |
Contacts
Ash Noble, SBOH Policy Advisor
Danielle Toepelt, Shellfish Licensing & Certification Section Manager