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National Shellfish Sanitation Program
Guide for the Control of Molluscan Shellfish
2003

Guidance Documents

Chapter I General

Table of Contents

(.01 Evaluation Standards  |  .02 Procedures for Initiating a New State Program Under the National Shellfish Sanitation Program)

.01 EVALUATION STANDARDS

Background: 1995 Evaluation Standards Committee
As the result of an issue submitted at the 1994 ISSC annual meeting, the 1995 ISSC Evaluation Standards Committee was created. The Committee was charged with reviewing the standards of the Evaluation Research Society and making a recommendation to the ISSC as to whether these standards should be included in the NSSP and the form the inclusion should take. The Committee reviewed these standards as well as the American Evaluation Association's (AEA) Guiding Principles for Evaluators. The Committee recommended that the ISSC adopt the five principles of the AEA. The Committee consensus was that these principles should apply to all participants of the ISSC and should be included in the FDA state program evaluation manual currently in development. The Committee also submitted a resolution to the ISSC voting delegates recommending that the principles be adopted by the ISSC and that FDA incorporate these principles into its state program evaluation manual. The ISSC adopted the both the Committee's recommendation and resolution at its 1995 Annual meeting for use in the NSSP.

Evaluation Standards
In 1995, at its Annual Meeting, the ISSC adopted the following principles of the American Evaluation Association and requested that the Food and Drug Administration conduct its evaluations consistent with these principles.

.02 PROCEDURES FOR INITIATING A NEW STATE PROGRAM UNDER THE NATIONAL SHELLFISH SANITATION PROGRAM

The requirements of the NSSP are contained in its Model Ordinance. Implementation of the Model Ordinance is a shared responsibility of federal, state, tribal and local governments and the shellfish industry. The Model Ordinance establishes the minimum requirements necessary to effectively manage and enforce an interstate program, and is written for ease of legal adoption at all levels of government. It is intended to be adopted by state and tribal regulators to address the interstate movement of shellfish. The Model Ordinance provides a uniform legal instrument for enforcement, better nationwide public health protection, and facilitates the shipment of high quality shellfish in interstate commerce.

The ISSC provides the formal structure wherein state regulatory authorities, with FDA concurrence, can change the Model Ordinance and establish other guidelines and procedures for the sanitary control of the shellfish industry. For additional Information concerning the origin of the Model Ordinance and the ISSC, see the historical overview by Clem (1994) and the NSSP Guide for the Control of Molluscan Shellfish (ISSC/FDA, 2002).

To ensure uniformity in the administration and implementation of the requirements of the NSSP Model Ordinance at the state and tribal regulatory agency level, the FDA reviews their programs on an annual basis. New state or tribal regulatory programs under the NSSP are required to have their proposed program reviewed prior to its initiation to assure that any shellstock produced under the state or tribal program for movement in interstate commerce meets the requirements of the Model Ordinance.

New State or Tribal Program
The Authority must apply to the FDA for evaluation and be found in conformity with the NSSP before initiating a state or tribal shellfish sanitation program or a new program element within an existing state or tribal program. The FDA will act on any application submitted by the Authority within 30 days. If the FDA has not acted within 30 days, the Authority may proceed with the new shellfish sanitation program.

When two or more State or tribal agencies will be involved in the sanitary control of the shellfish industry, a clear statement of each agency's responsibilities should be developed in the form of a memorandum of understanding. This administrative practice eliminates misunderstandings concerning agency responsibility and ensures that all aspects of shared program responsibility are addressed.

States and tribes are responsible for maintaining shellfish programs that conform to the requirements contained in the Model Ordinance. These requirements should be mandatory within each State program.

References
Clem, David. 1994. Historical Overview. In: Environmental Indicators and Shellfish Safety. Eds. C.R. Hackney and M.D. Pierson. Chapman and Hall, New York. pp. 1-29

Interstate Shellfish Sanitation Conference. 2002. NSSP Guide for the Control of Molluscan Shellfish. Interstate Shellfish Sanitation Conference, 209 Dawson Road, Suite 2, Columbia, South Carolina, 29223.
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