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.
RULEMAK
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.
Get Involved
Informal Public 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 language by April 15, 2025.
Document to Review
Redline Chapter 246-282 WAC Draft Changes (Word)
Provide Feedback on Draft Changes
Written comments are accepted through April 15, 2025, using the following options:
- Email the State Board of Health at: shellfish@sboh.wa.gov
- Mail comments 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 Redline Chapter 246-282 WAC Draft Changes (Word) 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.
Spanish - 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.
Note - This rulemaking is not related to the Department of Health’s withdrawn shellfish fee rulemaking.
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. | March 17, 2025 |
Contacts
Ash Noble, SBOH Policy Advisor
Danielle Toepelt, Shellfish Licensing & Certification Section Manager