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II. Model Ordinance
V. Shellstock Relaying
Guide Contents
Additional Guidance - 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 General. The Authority shall assure that:
- The
shellstock used in relaying activities is harvested from growing areas
classified as conditionally approved, restricted, or conditionally
restricted;
- The level of contamination in the shellstock can be reduced to
levels safe for human consumption;
- The
contaminated shellstock are held in growing areas classified as
approved or conditionally approved for a sufficient time under adequate
environmental conditions so as to allow reduction of pathogens as
measured by the coliform group of indicator organisms in the water, or
poisonous or deleterious substances that may be present in shellstock
to occur; and
- If shellstock are relayed in containers:
(1) |
The containers are:
(a) |
Designed and
constructed so that they allow free flow of water to the shellstock;
and |
(b) |
Located so as to
assure the contaminant reduction required in §C.; and |
|
(2) |
The shellstock are washed
and culled prior to placement in the containers. |
@.02 Contaminant Reduction.
- The Authority shall establish species-specific critical values
for water temperature, salinity, and other environmental factors which
may affect the natural treatment process in the growing area to which
shellstock will be relayed. The growing area to be used for the
treatment process shall be monitored with sufficient frequency to
identify when limiting critical values may be approached.
- The effectiveness of species-specific contaminant reduction
shall be determined based on a study. The Authority shall retain the
written study report indefinitely. The study report shall demonstrate
that, after the completion of the relay activity;
(1)
|
The bacteriological quality
of each shellfish species, is the same bacteriological quality as that
of the same species already present in the approved or conditionally
approved area; or |
(2)
|
Contaminant levels of
poisonous or deleterious substances in shellstock do not exceed FDA
tolerance levels. |
- The authority may waive the requirements for a contaminant
reduction study if:
(1)
|
Only microbial contaminants
need to be reduced; and |
(2)
|
The shellstock are relayed
from a conditionally approved, restricted, or conditionally restricted
area meeting the bacteriological water quality for restricted areas
used for shellstock depuration per IV@.02.G and IV@.02H; and |
(3)
|
The treatment period
exceeds 60 days. |
- The time period shall be at least 14 consecutive days when
environmental conditions are suitable for shellfish feeding and
cleansing unless shorter time periods are demonstrated to be adequate.
- When container relaying is used and the Authority allows a
treatment time of less than 14 days, the Authority shall require more
intensive sampling including:
(1)
|
Product sampling before and
after relay, and |
(2)
|
Monitoring of critical
environmental parameters such as temperature and salinity. |
- The Authority shall establish the time period during the year
when relaying may be conducted.
@.03 Licenses to Relay Shellstock or to Harvest Shellstock for
Delivery to a Low Acid Canned Food Processing Facility.
- The Authority shall require that each harvester that relays or
harvests
shellstock for delivery to a low acid canned food processing facility
from growing areas in the conditionally approved (in the closed
status), restricted or conditionally restricted classification
possesses a valid harvester or relay license.
- The license conditions shall not be transferable.
- A license shall be valid only when issued for:
(1)
|
A specific relay or harvest
activity; and |
(2)
|
Not more than 365 days. |
- The license conditions shall include:
(1)
|
The source, destination,
and species to be relayed or harvested for low acid canned food
processing; |
(2) |
The relayed or harvested
for low acid canned food processing shellstock deposition method; |
(3) |
The method used to maintain
adequate separation between different lots of shellfish; |
(4) |
A requirement for the
licensee to keep records which:
(a) |
Specify the dates on
which the shellstock is harvested, deposited for
treatment and harvested again, or delivered to a low acid canned food
processing facility; |
(b) |
Identify the
buyer and quantity of shellstock harvested for relaying or delivery to
a low acid canned food processing facility; and |
(c) |
Are submitted to the
Authority at a specified frequency, if required by
the Authority, or made available to the Authority upon request; and |
|
(5) |
A provision for additional
information at the discretion of the Authority. |
- If the relay harvester or harvester for low acid canned food
processing
fails to comply with the conditions of the license, the Authority shall
revoke the license.
@.04 Management of Relaying Shellstock or the Harvesting for
Delivery to a Low Acid Canned Food Processing Facility Activities.
- The Authority shall be authorized and equipped to enforce the
State's
procedures for relay and low acid canned food processing. The Authority
shall develop and maintain an effective program to control the harvest,
transport, replanting, and security of the shellstock until the end of
the complete relay activity to prevent shellstock from being illegally
diverted to direct marketing.
- In the event that the control of relaying or harvesting for low
acid canning activities is shared among two or more agencies, the
Authority shall develop written operating procedures for joint use
among the agencies. These procedures shall provide for the achievement
of all requirements specified in this Chapter, and shall be reviewed
annually and updated as necessary.
- If shellstock from growing areas classified as conditionally
approved or restricted are to be relayed or harvested for low acid
canned food processing across State boundaries, a memorandum of
understanding outlining the procedures to be used shall be developed
between the appropriate Authorities in each State.
- If a growing area in the conditionally approved classification
meets the criteria for the restricted classification when the growing
area is in the closed status, the Authority may permit shellstock to be
harvested for relaying or low acid canned food processing during the
period the area is in its closed status, provided that these activities
are addressed in the management plan for the growing area classified as
conditionally approved, and all other conditions of this Chapter are
met.
- Locations designated to receive relayed shellstock within
growing areas which are classified as approved or conditionally
approved shall:
(1)
|
Be placed in the closed
status until the period of treatment is complete and the Authority
returns the area to the open status; and |
(2) |
Be marked so that these
areas are easily identified by harvesters transporting the relayed
shellstock and by the Authority. These areas shall:
(a) |
Be marked prior to
the placing of any shellstock; |
(b) |
Remain marked until
the Authority reopens the area and gives written permission to harvest
shellstock; and |
(c) |
Be adequately
separated from the shellstock in adjacent waters to prevent
cross-contamination and commingling. |
|
Requirement for Harvesters.
.01 Harvester License Required.
- Any person who wants to relay shellstock or to harvest
shellstockfrom a growing area classified as conditionally approved,
restricted, or conditionally restricted shall make application to the
Authority for a valid license to relay or to harvest shellstock.
- No person shall relay shellstock or shall harvest shellstock for
low acid canned food processing without a valid harvester license from
the Authority.