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Section II. Model Ordinance
Chapter VIII. Control of Shellfish Harvesting
Guide Contents
Additional Guidance - Section IV Guidance Documents
Requirements for the Authority
[Note: The Authority must meet the requirements of this section even
if the Authority does not formally adopt this section in regulation.]
@.01 Control of Shellstock Growing Areas.
- General
-
(1) The Authority shall maintain
an effective program to control shellstock growing areas and to assure that
shellstock are harvested only:
-
(a) From areas in an open status; and
-
(b) With approval from
areas classified as restricted,
conditionally restricted, or prohibited, or in the closed status of the
approved or conditionally approved classification.
-
(2) This program shall include:
-
(a) The patrol of growing
areas;
-
(b) The licensing of
harvesters;
-
(c) Enforceable legal
penalties sufficient to encourage
compliance; and
-
(d) Appropriate
identification of harvest areas where
shellstock harvest is not allowed.
-
(3) At the time of issuance or renewal of a
harvester's license or a dealer's certification, or an annual mail out to all
licensed shellfish harvesters, the Authority shall provide each harvester or dealer
with:
-
(a) Information which
explains the public health risk
associated with illegal harvesting shellstock in areas classified as
restricted, conditionally restricted, or prohibited or in the closed
status; and
-
(b) When requested, a
current, comprehensive, itemized
listing of all harvest areas including their geographic boundaries and
their classification.
- Patrol of Growing Areas.
-
(1) The Authority shall assure that shellstock are harvested only as provided in this Chapter.
- (2) The Authority shall patrol harvest areas classified as restricted, conditionally restricted, or prohibited,
or conditionally approved and approved when in the closed status at sufficient intervals to deter illegal
harvesting. This patrol activity shall include consideration of the need for night, weekend, and holiday patrols. At a
minimum, these growing areas shall be patrolled at the following frequencies, except as provided in B.(3),
in order to ensure effective control:
Risk Category |
Minimum Frequency of Patrol |
Low |
Four (4) times per 30 harvestable days |
Medium |
Eight (8) times per 30 harvestable days |
High |
Sixteen (16) times per 30 harvestable days |
A patrol is accomplished when the majority of an area is monitored. No more than two patrols can be counted
in a 24-hour period, and each must be a separate deliberate effort. A harvestable day refers to a day during
which tidal, weather and other conditions make it possible to harvest shellfish. When tidal, weather, or
other conditions prohibit harvesting on a particular day, that day is not included in the 30-day period.
- (3) Exceptions.
- (a) Patrol is not required under the following conditions:
- (i) There is no shellfish productivity, as demonstrated by one of the following methods:
- pH, salinity, temperature, or turbidity are not favorable to the growth of shellfish; or
- The water bottom does not support shellfish growth; or
- The area has been depleted of shellfish by dredging, disease, or other means;
- (ii) Harvest from the area is not economically feasible (i.e., the cost of harvesting exceeds the market value of the product)
- (iii) The area meets all of the following conditions:
- The area is unclassified;
- Historically there has not been interest in commercial harvesting;
- Known points of pollution do not exist; and
- The Authority has current evidence that commercial harvesting does not occur. This can be accomplished by information gathered from periodic patrols or reliable non-patrol sources.
-
(b) Where natural sets
resulting in commercially harvestable
quantities of shellfish do not exist and advanced aquaculture methods
(e.g. racks, bags, lantern nets, long lines and/or floats) are used in
the area: The area shall be patrolled at the frequencies specified in
§B. (2) unless the authority develops and implements a Risk Management
Plan for the area for the prevention of illegal harvesting of
shellfish. The Risk Management Plan shall include monitoring and
control of surveillance activities that supplement the minimum required
patrol frequency of one (1) time per 30 harvestable days. The Risk
Management Plan at least should include the following:
-
(i) Description of
the area;
-
(ii) Classification
of the area;
-
(iii) Description of
adjacent growing areas;
-
(iv) Procedure used
to prevent shellfish from prohibited
or closed waters to be commingled with shellfish from an aquaculture
area; and
-
(v) If, the patrol
agency receives assistance from other
state, federal, or tribal agencies, a memorandum of agreement must be
developed describing responsibilities of each agency. A copy of such
MOA must be kept in a central file.
-
(c) If the area is
geographically remote, sparsely populated
and has limited access (e.g., no or very poor roads) such that the
potential for marketing the shellfish is severely restricted:
-
(i) The area shall
be patrolled at the frequencies
specified in § B. (2) unless the Authority develops and implements a
Risk Management Plan for the area for the prevention of illegal
harvesting of shellfish. The Risk Management Plan shall include
monitoring and control of surveillance activities (e.g. airport, dock,
border, or truck surveillance) that will be used in lieu of traditional
patrol activities, and the area should be patrolled at least one (1)
time per 30 harvestable days. The Risk Management Plan shall describe
the administrative procedures and resources necessary to prevent
illegal harvesting and/ or the illegal commingling of the product and
include at least the following:
- Description of the area;
- Classification of the area;
- Description of adjacent growing areas; and
- If the patrol agency receives assistance
from
other state, federal, or tribal agencies, a memorandum of agreement
must be developed describing responsibilities of each agency. A copy
of such MOA must be kept in a central file.
-
(ii) If the Authority
has current evidence that commercial
illegal harvesting is occurring, the Management Risk Plan should be
reevaluated.
-
(d) Where the entire state
is closed to harvesting during
traditional non-harvesting seasons:
-
(i) The area shall
be patrolled at the frequencies
specified in § B. (2) unless the Authority develops and implements a
Risk Management Plan for the area for the prevention of illegal
harvesting of shellfish. The Risk Management Plan shall include
monitoring and control of surveillance activities (e.g. airport, dock,
border, or truck surveillance) that will be used in lieu of traditional
patrol activities. The Risk Management Plan shall describe the
administrative procedures and resources necessary to prevent illegal
harvesting and/ or the illegal commingling of the product and include
at least the following:
- Description of the area;
- Classification of the area;
- Description of adjacent growing areas; and
- If the patrol agency receives assistance
from
other state, federal, or tribal agencies, a memorandum of agreement
must be developed describing responsibilities from each agency. A copy
of such MOA must be kept in a central file.
-
(ii) The area shall
be patrolled in low risk areas at
least once (1) per 30 harvestable days, for medium risk areas at least
twice (2) per 30 harvestable days, and for high-risk areas at least
four (4) times per 30 harvestable days.
-
(iii) If the Authority
has current evidence that commercial
illegal harvesting is occurring, the state agency shall resume patrol
at the frequency specified in B. (2).
-
(4) The Risk Category for an
area shall be determined as follows:
-
(a) Shellfish
Productivity. Estimate the abundance of
shellfish based on density studies, historical information, and
environmental conditions described in B.(3)(a). Consider only
commercially marketable species. The descriptions below refer to the
range of productivity within the state. The area shall be rated based
on the highest density in any portion of the growing area.
- Low Production - 1
- Medium Productivity - 3
- High Productivity - 5
-
(b) Ease of Harvest.
Determine the method used to harvest the
shellfish. If multiple harvest techniques are used in an area, select
the one with the highest score.
- Highly
mechanized requiring expensive equipment, deep
water, difficult harvest - 1
- Restricted
access aquaculture relative shallow water
dredging - 2
- Scuba diving,
tonging, bullraking - 3
- Hand collection
from a boat - 4
- Hand collection,
no special tools or boat - 5
-
(c) Difficulty of Patrol.
Determine the difficulty of patrol.
If the difficulty varies in an area, select the description with the
highest score.
- Resource within
sight of population and a normal
patrol route. Patrol Officer can observe illegal harvesting from the
patrol vehicle - 1
- Resource is near
a shore and easily visible - 2
- Moderate
difficulty, deliberate effort is required to
provide coverage to the area - 3
- Long travel time
to growing area, large open expanse
of harvest area - 4
- Growing area is
a marsh, short sight distance, canals
system, extensive shoals - 5
-
(d) Using the values
determined in B.(4)(a), (b), and (c),
calculate the total score for the area as follows:
Risk
Factors |
Score (1-5) |
Weight |
Rating |
Explain
Rating
(optional) |
Adjustment
of Rating
(if needed) |
Shellfish Productivity
(a) |
|
0.40 |
|
|
|
Ease of Harvest
(b) |
|
0.40 |
|
|
|
Difficulty of Patrol
(c) |
|
0.20 |
|
|
|
|
|
|
Subtotal |
|
|
The rating for each risk factor is calculated by multiplying the risk
factor score by the weight for that factor. The subtotal is calculated
by adding all three of the risk factor ratings.
-
(e) The following criteria should be used to adjust the rating, if warranted:
-
(i) If a
community-policing program is in place, the
subtotal may be reduced by up to 0.25 points. If such a program leads
to frequent citations, the subtotal may be reduced by up to 0.5 points.
Community policing may include but is not limited to telephone hot
lines, out-reach programs, financial incentives, local law enforcement
activities not covered by B.(5), or private security arrangements.
-
(ii) If specialized
equipment is available to the patrol
agency, the subtotal may be reduced by up to 0.40 points. The actual
reduction should be dependent upon the type of equipment that is
available and its frequency of use. For example, frequent use of an
aircraft can warrant a 0.4 point reduction, and frequent use of night
vision or periodic use of aircraft can warrant a 0.2 point reduction.
-
(iii) If a growing
area is conditionally managed or is
poorly marked, the subtotal may be increased by up to 0.2 point. Adding
or subtracting the appropriate adjustment(s) calculates the total
score.
-
(f) The following risk
categories shall be applied to the
total score:
Total Score |
Risk Category |
less than 3 |
Low |
3 or less than 4 |
Medium |
4 or greater |
High |
-
(5) The Authority may delegate
patrol activity to any State or
local enforcement authority. If patrol activities are delegated, the
Authority shall:
-
(a) Develop a Memorandum
of Agreement with the delegated
agency to assure that patrol requirements are met; and
-
(b) Require the delegated
agency to maintain and file records
of its patrol activities consistent with those required in B.(7).
-
(6) Officers responsible for the
patrol of shellfish growing
areas shall obtain the following training:
-
(a) Basic law enforcement
training, before assuming their
patrol duties;
-
(b) Training on shellfish
control regulations within the
jurisdiction of the patrol agency, before assuming independent patrol
duties;
-
(c) In-service training on
the shellfish control regulations
within the jurisdiction of the patrol agency, when the regulations
change.
-
(7) The Authority shall prepare
and revise, as necessary, a
patrol policy document which records the Authority's patrol
organization and its activities to deter illegal shellstock harvesting.
This documentation shall include:
-
(a) Citation of the law
providing the legal basis for
enforcement authority;
-
(b) Citation of the laws
and regulations, including
penalties, which are directly related to effective control of illegal
harvest activities;
-
(c) The organizational
structure of the unit responsible for
patrol activities, including;
-
(i) Patrol unit(s)
name, address, and phone number;
-
(ii) The roster and
chain of command;
-
(iii) Area assignments
that support the frequencies of
patrol delineated in B.(2); and
-
(iv) A listing of
specific vessels, vehicles, and
equipment that support the frequencies of patrol delineated in B.(2);
-
(d) Summaries of training
in shellfish patrol techniques;
-
(e) The methods used to inform officers of growing area classifications and status, and of any special activities licensed in the area;
- (f) A listing of growing areas where patrol is required;
- (g) An identification of any patrol problems;
- (h) The type and frequency of reporting by patrol personnel;
- (i) Copy of agreements with other agencies responsible for shellfish control activities; and
- (j) Citations/summons for the past year. If available, this information may include:
- (i) The number of convictions or dismissals;
- (ii) Fines in dollar amount;
- (iii) Equipment or property confiscations and forfeitures;
- (iv) License suspensions or revocations; and
- (v) Jail sentences; and
- (vi) Written warnings.
-
(8) Upon request by FDA, the
Authority shall provide any
available documentation that is used to support the determination that
the patrol program was effective in providing the required frequency of
patrol. Ordinarily, this does not include providing reports not
normally maintained by the Authority.
-
(9) To comply with the Standardized Evaluation Criteria, the Authority shall:
- (a) Have a patrol policy document (Key item);
- (b) Update patrol documents every year (Key item);
- (c) Meet NSSP patrol training requirements (Key item);
- (d) Patrol all areas that require patrol (Critical item);
- (e) Meet NSSP requirements for frequency of patrol (Key item);
- (f) Have formalized Memorandum of Agreement with other agency per Chapter VIII@.01B(5) (Key item);
- (g) Have a risk management plan per Chapter VIII@.01B(3)(b)(c)(d) (Critical item); and
- (h) Have a complete risk management plan per Chapter VIII@.01B(3)(b)(c)(d) (Other item).
- Licensing of Harvesting.
-
(1) The Authority shall assure
that a license is required to
commercially harvest shellstock, including shellstock harvested from
aquaculture.
-
(2) Each license shall:
-
(a) Not be valid for more
than one year;
-
(b) Require the harvester
to sell only to dealers listed on
the Interstate Certified Shellfish Shippers List; and
-
(c) Allow the harvester,
at his discretion, to place
shellstock in containers for transport of shellstock from a growing
area to land or to a dealer.
-
(3) A license to harvest shall
not allow a harvester to engage in
shellstock packing or engage in independent wet storage activities as defined in this Ordinance unless the harvester is a certified shellfish dealer and has a Wet Storage Permit issued by the Authority.
-
(4) In the case of riparian or
leased land, unless the riparian
owner or lessee employs a licensed harvester, the Authority shall
require a riparian owner or lessee to be licensed as a harvester prior
to harvesting his shellstock. A licensed riparian owner or lessee may
employ unlicensed harvesters to work his property or lease.
-
(5) When a person has a special
license to harvest shellstock for
depuration, the Authority may not require individuals working under the
supervision of the licensed harvester to have their own license.
-
(6) The Authority shall inform
each licensed harvester as to:
-
(a) The classification and
current status assigned to each
growing area; and
-
(b) The methods used to
notify harvesters of changes in
growing area status or classification.
-
(7) When the Authority
authorizes shellstock relaying under
Chapter V. or shellstock depuration under Chapter XV., the Authority
shall issue special licenses to harvesters for the taking of shellfish
from areas classified as restricted, conditionally restricted, or in
the closed status of the approved or conditionally approved
classification. The licenses shall specify the limitations and
conditions for harvesting shellstock including requirements for the
harvester to keep records which:
-
(a) For depuration:
- (i) Specify the date and amount of shellstock harvested from each area;
and
- (ii) Record the name of the depuration facility to which the shellstock was consigned or sold; and
-
(b) For relaying, meet the
requirements of Chapter V.03D.
-
(8) The Authority shall maintain
a record of all licenses and
special licenses issued.
- Identification of Certain Growing Areas.
-
(1) The Authority shall chart,
describe, and mark the boundaries
of growing areas classified as restricted, conditionally restricted, or
prohibited, or in a closed status. The boundary descriptions shall:
-
(a) Be marked by fixed
objects or landmarks; or
-
(b) Be described in a
manner which allows easy recognition;
and
-
(c) Allow successful
prosecution of any illegal commercial
harvesting activity.
-
(2) The Authority:
-
(a) Shall notify harvesters of the boundaries established under §D.(1) by
dissemination of information with licenses, publication, or direct
notification including registered mail; and
-
(b) May use warning signs.
- Prohibited Classification. The Authority shall exercise effective
supervision over each depletion or seed gathering operation and
maintain complete written documentation.
Requirements for Harvesters
.01 General.
- Each harvester shall have a valid license,
and a special license if necessary, in his possession while engaged in
shellstock harvesting activities.
- Persons who are working in a boat crew under the supervision of a
licensed harvester need not have a valid harvester's license.
- In
the case of riparian or leased land, unless the riparian owner or
lessee employs a licensed harvester, the riparian owner or lessee shall
be licensed as a harvester prior to harvesting his shellstock. A
licensed riparian owner or lessee may employ unlicensed harvesters to
work his property or lease.
.02 Shellstock Harvesting and Handling.
- Harvesters. Any harvester who engages in shellfish packing as
defined in this Ordinance shall:
-
(1) Be a dealer; or
-
(2) Pack shellstock for a
dealer.
- Non-Vessel Harvesting
Harvesters shall assure shellstock are harvested, handled, and transported to prevent contamination, deterioration, and decomposition.
- Vessels.
-
(1) The
operator shall assure that all vessels used to harvest and transport
shellstock are properly constructed, operated, and maintained to
prevent contamination, deterioration, and decomposition of the
shellstock.
-
(a) Decks and storage bins
shall be
constructed and located to prevent bilge water or polluted overboard
water from coming into contact with the shellstock.
-
(b) Bilge pump discharges
shall be located so that the
discharge shall not contaminate shellstock.
-
(c) Containers used for
storing shellstock shall be clean and
fabricated from safe materials.
-
(d) Boat decks and storage
bins used in the harvest or
transport of shellstock for direct marketing shall be:
-
(i) Kept
clean with potable water or water from a growing area in the approved
classification or in the open status of the conditionally approved
classification; and
-
(ii) Provided with
effective drainage.
-
(e) Vessels
and all other equipment coming in contact with shellstock during
handling or transport for relaying or depuration shall be thoroughly
cleaned before the vessels or equipment are used to transport or handle
shellfish for direct marketing.
-
(f) When necessary,
effective coverings shall be provided on
harvest boats to protect shellstock from exposure to:
-
(i) Hot sun;
-
(ii) Birds; and
-
(iii) Other adverse
conditions.
-
(2) Cats, dogs, and other
animals shall not be allowed on vessels.
- Disposal of Human Sewage from Vessels.
-
(1) Human
sewage shall not be discharged overboard from a vessel used in the
harvesting of shellstock, or from vessels which buy shellstock while
the vessels are in growing areas.
-
(2) The Authority shall
educate all licensed harvesters and shellstock dealers concerning the
public health significance of discharging human sewage overboard.
-
(3) As required by the Authority, in consultation with FDA, an
approved marine sanitation device (MSD), portable toilet or other
sewage disposal receptacle shall be provided on the vessel to contain
human sewage.
-
(4) Portable toilets shall:
-
(a) Be used only for the
purpose intended;
-
(b) Be secured while on
board and located to prevent
contamination of shellstock by spillage or leakage;
-
(c) Be emptied only into a
sewage disposal system;
-
(d) Be cleaned before
being returned to the boat; and
-
(e) Not be cleaned in
equipment used for washing or
processing food.
-
(5) Use of other receptacles for
sewage disposal may be approved
by the Authority if the receptacles are:
-
(a) Constructed of
impervious, cleanable materials and have
tight fitting lids; and
-
(b) Meet the requirements
in §D.(3).
- Shellstock Washing.
-
(1) Shellstock shall be washed
reasonably free of bottom
sediments as soon after harvesting as practicable.
-
(2) The harvester shall be
primarily responsible for washing
shellstock.
-
(3) If shellstock washing is not
feasible at the time of harvest,
the dealer shall assume this responsibility.
-
(4) Water used for shellstock
washing shall be obtained from:
-
(a) A potable water
source; or
-
(b) A growing area in the:
-
(i) Approved
classification; or
-
(ii) In the open
status of the conditionally approved classification.
-
(5) If
the harvester or dealer elects to use tanks or a recirculating water
system to wash shellstock, the shellstock washing activity shall be
constructed, operated, and maintained in accordance with Chapter
XI.02.A.(3) and Chapter XIII.02.A.(3).
- Shellstock Identification.
-
(1) Each
harvester shall affix a tag to each container of shellstock which shall
be in place while the shellstock is being transported to a dealer.
-
(2) If the shellstock was
harvested at more than one location,
each container shall be tagged at its growing area.
-
(3) When
the harvester is also the dealer, the harvester has the option to tag
the shellfish with a harvester's tag or a dealer's tag meeting the
requirements outlined in X. §05.
-
(4) The harvester's tags shall:
-
(a) Be durable, waterproof
and sanctioned by the Authority prior to use; and
-
(b) Be at least 13.8 square inches
(89.03 cm2) in size.
-
(5) The harvester's tag shall
contain the following indelible,
legible information in the order specified below:
-
(a) The harvesters'
identification number as assigned by the
Authority;
-
(b) The date of harvest;
-
(c) The
most precise identification of the harvest location or aquaculture site
as is practicable, including the initials of the state of harvest, and
the Authority's designation of the growing area by indexing,
administrative or geographic designation. If growing areas have not
been indexed by the Authority, then an appropriate geographical or
administrative designation must be used (e.g. Long Bay, Decadent
County, lease number, bed, or lot number).
-
(d) The type and quantity
of shellstock; and
-
(e) The following
statement in bold capitalized type on each
tag
"THIS TAG IS REQUIRED TO BE ATTACHED UNTIL
CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90
DAYS."
-
(6) If the shellstock is removed
from the original container, the tag on the new container shall meet the
requirements in §.02 F.
-
(7) Bulk tagging of a lot of shellstock during
transport from harvest area to the dealer facilities.
-
(a) When
shellstock are harvested from one harvest area on a single day,
multiple containers may be utilized on a wrapped pallet, in a tote, in
a net brailer, or other container and the unit tagged with a single tag
in accordance with the requirements of §.02 F.
-
(b) In addition to the
information required in §.02 F. the unit
tag shall also include:
-
(i) A statement that
"All shellstock containers in this
lot have the same harvest data and area of harvest"; and
-
(ii) Number of individual containers in the unit.
-
(8) Bulk Sale of Shellstock. If shellstock are sold in bulk, the harvester or
dealer shall provide a transaction record prior to shipment. This
transaction record shall contain all the information required in
§.02 F.
with the addition of the name of the consignee.
.03 Shellstock Temperature Control.
Note: The Authority shall select one of the following
options for implementation in its State. The time-temperature matrix for each
of the options applies only to the original harvester or harvester/dealer of
shellstock for the purposes of handling and transporting shellstock to the first
point of processing or packing.
OPTION 1
(Mandatory for confirmed Vibrio vulnificus problem) If
the waters of a State have been confirmed as an original source of
product associated with two (2) or more Vibrio vulnificus illnesses,
the Authority shall adopt the following exposure time to temperature
controls in the time-temperature matrix below only for shellfish
intended to be consumed raw.
- For the purposes of this section, temperature control is defined
as the management of the environmental temperature of shellstock by
means of ice, mechanical refrigeration or other approved means which is
capable of lowering the temperature of the shellstock and will maintain
it at 50 degrees Fahrenheit (10 degrees Centigrade) or less.
Time-Temperature Matrix for Vibrio vulnificus:
Action Level |
Water Temperature |
Maximum Hours from Exposure to Temperature
Control |
Level 1 |
<65 °F |
36 hours |
Level 2 |
65 °F - 74 °F (18
°C - 23 °C) |
14 hours |
Level 3 |
>74 °F - 84 °F
(>23 °C -
28 °C) |
12 hours |
Level 4 |
> 84 °F (>28 °C) |
10 hours |
- The Authority shall
establish the water temperature to be applied in the matrix above for
each growing area by averaging the previous 5 years maximum monthly
water temperatures.
- The time to refrigeration in the above matrix shall be based upon
the first shellstock harvested.
- During Action Levels 2, 3, and 4, the product shall be shaded.
- The Authority may approve other measures proposed by the industry
to provide controls equivalent to the time-temperature requirements in
the above matrix.
- The Authority may set up a plan that allows for exemption of this option for
shellstock that is to be post-harvest processed with an approved post-harvest
process in accordance with NSSP Model Ordinance Chapter XVI. The Authority
must develop a plan to ensure the security of shellstock harvesting.
- The Authority shall ensure the dealer has adequate methods in
place to demonstrate compliance with the time/temperature matrix.
OPTION 2
If a growing area in the State has been confirmed as an original
source of product associated with two (2) or more Vibrio
parahaemolyticus illnesses within the past three years, the Authority
shall adopt the following exposure time to temperature controls in the
time-temperature matrix below or use Option 1. This Vibrio
parahaemolyticus control measure applies only to shellfish from the
affected growing area(s) which are intended to be consumed raw.
For the purposes of this control measure, identify and define
growing areas in the State affected by Vibrio parahaemolyticus based on
hydrographic and geographic parameters and other considerations
relevant to control of a naturally occurring pathogen.
- For the purposes of this section, temperature control is defined
as the management of the environmental temperature of shellstock by
means of ice, mechanical refrigeration or other approved means which is
capable of lowering temperature of the shellstock to, and will maintain
it at 50 °Fahrenheit (10 °Centigrade) or less.
- Ocean Quahogs (Arctica islandia) and surf clams (Spisula
solidissima) are exempted from this temperature control plan when
these products are intended for thermal processing.
- Temperature determinations for application in the
time-temperature matrix below shall be based on average monthly maximum
air temperatures for defined regions within the state. The average
monthly maximum air temperature for each region shall be established by
determining the mean daily high temperature for the month in each of
the previous five years as reported by the National Weather Service and
then averaging the five resulting temperatures. Ocean Quahogs (Arctica
islandia) are exempted from this temperature control plan.
- The Authority may set up a plan that allows for exemption of this option for
shellstock that is to be post-harvest treated with an approved post-harvest
process in accordance with NSSP Model Ordinance Chapter XVI. The Authority must
develop a plan to ensure the security of shellstock harvesting.
- The Authority shall ensure the dealer has adequate methods in
place to demonstrate compliance with the time/temperature matrix.
Time-Temperature Matrix for Vibrio parahaemolyticus:
Action Level |
Average Monthly Maximum Air Temperature |
Maximum Hours from Exposure to Temperature
Control |
Level 1 |
<66 °F (18 °C) |
36 hours |
Level 2 |
66 °F - 80 °F
(19 °C -
27 °C) |
12 hours |
Level 3 |
≥81 °F
(≥27 °C) |
10 hours |
OPTION 3
For those states that do not have to follow Option 1 or Option 2, the
following time/temperature matrix will apply.
- For the purposes of this section, temperature control is defined
as the management of the environmental temperature of shellstock by
means of ice, mechanical refrigeration or other approved means which is
capable of lowering temperature of the shellstock to, and will maintain
it at, 50 °Fahrenheit (10 °Centigrade) or less.
- Ocean Quahogs (Arctica islandia) and surf clams (Spisula
solidissima) are exempted from this temperature control plan when
these products are intended for thermal processing.
- Temperature determinations for application in the
time-temperature matrix below shall be based on average monthly maximum
air temperatures for defined regions within the state. The average
monthly maximum air temperature for each region shall be established by
determining the mean daily high temperature for the month in each of
the previous five years as reported by the National Weather Service,
and then averaging the five resulting temperatures. Ocean Quahogs
(Arctica islandia) are exempted from this temperature control plan.
- The Authority shall ensure the dealer has adequate methods in
place to demonstrate compliance with the time/temperature matrix.
Action Level |
Average Monthly Maximum Air Temperature |
Maximum Hours from Exposure to Temperature
Control |
Level 1 |
<66 °F (18 °C) |
36 hours |
Level 2 |
66 °F - 80 °F
(19 °C -
27 °C) |
24 hours |
Level 3 |
≥81 °F
(≥27 °C) |
20 hours |