Kitsap County Department of Health Dispute

"The KCDH is billing me $1050 for fees this year (an increase of 5X) when it hasn't been at my business for nine (9) years to do its job--a job it can't even substantiate as valid under state law. It is attempting to charge me $500 for my B&B business when the law only became effective on 5/1/13 and my business is Grandfathered in under Federal regulations since 11/00 and is further protected by WA State Vested Act of 1950--both of which guarantee businesses protection against the requirement to update every time there is a government change. The HD fails to identify any "retroactive" support for its position when its requested--retroactivity can only be approved by Congress! The HD is taking one part of the 5/13 law regarding food to advise me that I must pay for its service if I provide food to my B&B customers. Before the HD can make its position valid it must prove it has jurisdiction over my B&B from this law since I'm "exempt" under the law since it only covers B&Bs with more than 8 units and it also only became "effective" on 5/13. The HD fails on both counts and has "ordered" me to close my business but that's an illegal action since it hasn't proven it has "jurisdiction" over my Grandfathered in B&B. It ignores these facts and fails to address them other than to say the "Grandfathered Act" doesn't apply but offers no support that its illegal statement is accurate.

As a WA farm, I'm allowed to sell directly from my farm without approval from the WA State Dept of Agriculture or the KCHD--which includes my catering of private events at the farm. The HD insists on charging me $550 for allegedly overseeing my catering, However, it can't support control over that part of my business since the WA law defines catering as someone who prepares food for a chef and delivers that food to that chef's business, or prepares foods that are all wrapped for delivery to someone else,etc. My "catering" fails to fit into any of the "food processing category" the HD wants it under since the part of the law that refers to my on-site catering states: "private home with private event" "not open to the general public" which is the part of the "exemption" that applies to me under state law for that's what I do. My events are not open to the public nor does the public have access to them. My business is not a "food service establishment" nor do I require that type of license--I'm an organic farm covered by the "LAW'S EXEMPTION". but the HD doesn't evaluate my business accurately so that it can justify its outrageous fees for providing NO SERVICE!

The HD can't validly respond to my statements; it ignores them. The most critical: how can the KCHD insist on $1050 in fees when in nine (9) years it hasn't done its job ONCE which should be illegal. How can the HD ignore the exemption my B&B has under the 5/1/13 law? How can the HD fail to provide the "retroactive" support it requires in order to show that it has jurisdiction over anything to do with my B&B? In 13 years of my B&B operating, the HD has NEVER been involved in any aspect of it. How can the HD select one part of the 5/13 law to enforce when my business is "exempt" which means it has no control over any of my B&B business. How can the HD legally ignore the laws that protect business from government changes--the Grandfather Act and the WA State Vested Act? How can the HD illegally place my on-site catering business into a "food service establishment" category when it obviously lacks anything to do with that type of an establishment in licenses, location, size, appearance, advertising, signage, code requirements, etc. Nothing supports its position--I serve food to private groups. Additionally. I have an approved commercial kitchen on site which MUST be approved by the WA State Dept of Agriculture since the KCHD isn't qualified to approve it or my products. If the KCHD can't even approve my "breads and pastries", how can it validly approve anything else I manufacture? The only logical response is IT CAN'T! So what is this treatment all about?

In 2012 I contacted the WA Attorney General's office to raise the issue about 8 years of lack of service by the KCHD and what I could do about it--charging me for lack of its service. Unfortunately that office forwarded my letter to the KCHD. Within one (1) day of the KCHD receiving my letter to the Attorney General, their inspector was on the phone threatening me. Within less than one (1) week that same inspector appeared unannounced at my commercial kitchen under the guise he was there to conduct a review of it (when that is out of his jurisdiction or qualifications) BUT he immediately communicated to me that he had the right to close my kitchen! (A kitchen the HD has no authority over!) He also made a special trip to the Saturday Farmer's Market--ran right up to my booth--to threaten me that he had "ORDERED the Department of Agriculture inspector to my property". [In government that is a very questionable activity since the WSDA is a state level government agency and the KCHD is a county level agency and there is no reasonable support that a lower level agency should have the authority to "order" a higher level agency to do anything! Especially anything "illegal" as the inspector's threat indicated. Of course when the WSDA inspector came she took twice as long as normal to review my hallway size kitchen and she nitpicked at everything she had never previously even mentioned in her prior inspections--matters that had little or no value whatsoever.

Today I'm dealing with 2 supervisors from the KCHD on a regular basis (this has been ongoing for 6 months at least) + at least 3-4 state level agency employees who unfortunately chime in and support the local HD. If the Kitsap County public believe that a HD that fails to do its job for nine (9) years is protecting its food, think again! The people who protect this county's food are the front-end workers, the business owners, the farms--NOT THE KCHD who fails to do its job for nine (9) years and counting. It still hasn't done its job--it's only harassing and retaliating against me for raising the issue of its non performance to the AG's office and for advising it I would no longer pay it for its lack of service. This is all about MONEY--the KCHD feels entitled to obtain pay for doing nothing! It can't even read and comprehend the law properly; it can't provide the necessary support that it has valid jurisdiction over any part of my business. All it does is abuse its power by threatening me with closure--over a business it has failed to support legal jurisdiction over!

I sent to the supervisor/Grellner 3 statements that I was closing off my food for my businesses until this matter was resolved so that the KCHD's efforts to harm me financially would be unsuccessful. Grellner's credibility is so poor that he insisted I was being uncooperative to justify issuing a business closure to me. How is it possible for a small farm business to survive in such an illegal environment created by "bullying" tactics of an out of control agency that feels it can harm anyone to pressure them into paying it outrageous government fees for their lack of service. Any business that would take this type of action against anyone would be closed down and fined. In the state of WA the complaint is forwarded to the agency complained about and anyone with any thinking capability would know that that business was going to be set up for harassment!

The KCHD and it state supporting agencies are illegally harassing and retaliating against me because I believe that if an agency has the right to bill me. they better be performing the service. If there's no need for the service which I believe is supported by nine (9) years of lack of service, then the charges should be stopped.

The KCHD must prove that the 5/1/13 B&B law is RETROACTIVE and the EXEMPTION which applies to my B&B since it has fewer than 8 units still requires me to pay for its services and that ruling can only come from Congress.

The KCHD must prove that the EXEMPTION under state law which says as a farm I can sell everything from my farm, including my catering, without oversight or approval from either the KCHD or the WSDA is inaccurate.

The KCHD must prove that the regulation on . . . private property . . . conducting private events . . .does not apply to my farm business.

The KCHD must reinstate my business and acknowledge that it has no control over any of it.

The KCHD must reimburse me for the nine (9) years it collected funds from me and failed to provide the service. This is necessary retribution by it for the harassment and retaliation I have encountered since I complained to the Attorney General in 2012.

The KCHD must eliminate all negative communications and actions it has taken against me and my businesses for the entire time. I should never have to be involved with this organization again as protection for me.

This matter needs to become public so that the citizens in Kitsap County become aware of the illegal harassment this agency will resort to to protect itself from the requirement to perform on behalf of the citizens. It totally misrepresents that it does its job and the citizens need to become aware that it's all the front line workers whether in the city or the farm that protect the food of this county and not the KCHD."