Except as specified in § 903.2, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish other than molluscan shellfish shall be:

(a) Frozen and stored at a temperature of minus twenty degrees Celsius (-20° C) (minus 4 degrees Fahrenheit (- 4° F)) or below for a minimum of one hundred sixty-eight (168) hours or seven (7) days in a freezer;P

(b) Frozen at minus thirty-five degrees Celsius (-35° C) (minus thirty-one degrees Fahrenheit (-31° F)) or below until solid and stored at minus thirty-five degrees Celsius (-35° C) or below for a minimum of fifteen (15) hours;P or

(c) Frozen at minus thirty-five degrees Celsius (-35° C) (minus thirty-one degrees Fahrenheit (-31° F)) or below until solid and stored at minus twenty degrees Celsius (-20° C) (minus 4 degrees Fahrenheit (- 4° F) or below for a minimum of twenty-four (24) hours.P

Subsection 903.1 does not apply to:

(a) Molluscan shellfish;

(b) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern); or

(c) Aquacultured fish, such as salmon, that:

(1) If raised in open water, are raised in net-pens, or

(2) Are raised in land-based operations such as ponds or tanks, and

(3) Are fed formulated feed, such as pellets, that contain no live parasites infective to the aquacultured fish.

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).