WAC 246-282 Sanitary Control of Shellfish Rule Revision

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?

On August 29, 2025, the Board filed proposed changes to chapter 246-282 WAC. The proposed changes are intended to amend controls found in the Washington state Vibrio parahaemolyticus (Vp) control plan, to address rising early season temperatures that can result in increased illnesses. The Board is also proposing to make additional changes in chapter 246-282 WAC to address various gaps in the regulation of commercial shellfish and to align with federal regulations.

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 event indicated a need to review the rule requirements to determine if the current controls are adequate to protect consumers and consider if more proactive measures to prevent illness and protect public health are appropriate.

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Note: This rulemaking is not related to the Department of Health’s withdrawn shellfish fee rulemaking.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

Provide Comments

The State Board of Health invites you to comment on the proposal through October 27, 2025, at midnight. A public hearing will be held on November 19, 2025, beginning at 1:30 p.m. to give you an opportunity to provide oral comments. 

If you wish to attend the public hearing virtually, register for the Zoom Webinar. After registering, you will receive a confirmation email containing information about joining the webinar. 

If you wish to attend this public hearing in-person, it will be held at: 
Washington State Department of Health, 111 Israel Road S.E., Tumwater, WA 98501
Building: Town Center Two (TC2, Rooms 166 & 167) 

Written comments can be sent to shellfish@sboh.wa.gov or may be submitted online at the department’s rules comment page. You can also submit comments by mail, at the following address: Washington State Board of Health, PO Box 47990, Olympia, WA 98504-7990.

Please note that all comments received, whether via mail, email or online, will be given the same consideration. We encourage you to comment in a manner that is most convenient for you. 

Proposed Rule Documents:

• CR-102: Proposed Rulemaking with Proposed Rule Language (PDF)
• Significant Analysis (PDF)
• Small Business Economic Impact Statement (PDF)

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

Rulemaking Files

Contacts

Ash Noble, SBOH Policy Advisor

Danielle Toepelt, Shellfish Licensing & Certification Section Manager