(a) Molluscan shellfish — Original container.

1. (1) Except as specified in subdivision (a)(2) of this section, molluscan shellfish may not be removed from the lot in which they are received other than immediately before sale or preparation for service.

2. (2) For display purposes, shellstock may be removed from the lot in which they are received, displayed on drained ice, or held in a display lot, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:

   1. (A) The source of the shellstock on display is identified as specified under 20 CAR § 192-202(h) and recorded as specified under subsection (b) of this section; and
   2. (B) The shellstock are protected from contamination.

3. (3) Shucked shellfish may be removed from the lot in which they were received and held in a display container from which individual servings are dispensed upon a consumer’s request if the:

   1. (A) Labeling information for the shellfish on display as specified under 20 CAR § 192-202(g) is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and
   2. (B) Shellfish are protected from contamination.

(b) Shellstock, maintaining identification.*

1. (1) Except as specified under subdivision (b)(3)(B) of this section, shellstock tags shall remain attached to the lot in which the shellstock are received until the container is empty. ^Pf
2. (2) The date when the last shellstock from the container is sold or served shall be recorded on the tag or label. ^Pf

3. (3) The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for ninety (90) calendar days from the date that is recorded on the tag or label, as specified under subdivision (b)(2) of this section, by: ^Pf

   1. (A) Using an approved recordkeeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified under subdivision (b)(2) of this section; ^Pf and
   2. (B) If shellstock are removed from their tagged or labeled container:

(i) Preserving source identification by using a recordkeeping system as specified under subdivision (b)(3)(A) of this section; ^Pf and

1. (ii) Ensuring that shellstock from one (1) tagged or labeled container are not commingled with shellstock from another container with different certification numbers, different harvest dates, or different growing areas as identified on the tag or label before being ordered by the consumer. ^Pf