13-188 C.M.R. ch. 22
22.01 Enhanced Retail Seafood license holders - compliance
A. Commingling of shellstock is prohibited.
B. Enhanced Retail Seafood license holders may not conduct wet storage activities. Wet storage of shellstock is prohibited, except by certified dealers pursuant to a current permit issued by the Department in accordance with Chapter 15.
C. Shellstock received by an enhanced retail seafood license holder shall be tagged with the harvester tag pursuant to Chapter 9.06 or certified dealer's tag pursuant to Chapter 15.18. All tags shall be maintained on file for 90 days and shall be kept in chronological order correlated to the date when, or dates during which the shellstock were sold or served, pursuant to the Maine Food Code 3-203.12 (Shellstock, Maintaining Identification). For reference, the Maine Food Code, 10-144 CMR Chapter 200 is available on the web at: http://www.maine.gov/sos/cec/rules/10/144/144c200.docx.
D. For purposes of this chapter the definitions in Chapter 15 shall apply.
E. Activities are limited to retail sales only from the enhanced seafood license holder's fixed facility. Interstate commerce is prohibited in accordance with 12 M.R.S. §6601 sub-§2.
F. All enhanced retail seafood license holders will be inspected prior to license issuance and on a random basis.
G. An enhanced retail seafood license holder's establishment shall have a potable water supply from an approved source that meets the standards of Chapter 5 of the Maine Food Code ("Water, Plumbing and Waste").
H. The Vibrio parahaemolyticus Control Plan (the "Vibrio Control Plan" or the "Control Plan") in Chapter 115 applies specifically to American and European Oysters (Crassostrea virginica and Ostrea edulis) and Hard Clams (Mercenaria mercenaria) harvested from the areas described in Chapter 115.02. The Control Plan provides additional and more rigorous controls than those imposed by DMR Rules Chapters 9, 15, 16, 17, 18, 19, 20 and 22 to the handling of American and European Oysters and Hard Clams in the affected areas. Insofar as the Control Plan time and temperature requirements exceed those imposed by existing rules or are in addition to those imposed by existing rules, the relevant provisions of the Control Plan shall supersede the provisions of Chapters 9, 15, 16, 17, 18, 19, 20 and 22.
The Control Plan shall be complied with during the harvesting and handling of the above-described species, as conducted by harvesters, certified shellstock dealers, certified shellfish establishments (sometimes referred to as shellfish facilities or plants), shucker-packers, shellstock shippers and receivers, reshippers, depuration processors, enhanced retail seafood license holders and all others involved in the processes described in Chapters 9, 15, 16, 17, 18, 19, 20 and 22.
A. The enhanced retail seafood license holder shall reject or discard any shellfish which:
1. Do not originate from a licensed harvester or dealer; and/or
2. Are unwholesome, inadequately protected or whose source cannot be identified. B. The enhanced retail seafood license holder shall:
1. Place shellstock under temperature control, 41°F or less, within 2 hours after receipt from the harvester.
2. For the purpose of this section, temperature control is defined in accordance with Maine Food Code, Chapter 200, §3-202.11 (“Specifications for Receiving, Temperature”).
A. Shellstock shall be stored in a manner as to be protected from contamination. B. If equipment has been used for a species other than shellfish it shall be washed, rinsed and sanitized prior to use for shellstock. C. Shellstock shall not be placed into water. D. Shellstock coolers shall not be used for storage of bait, other fish processing byproducts or refuse.
1. Only food grade product may be stored in the cooler physically separated from shellstock and shellfish. E. Shellstock shall be stored in a protected location and at an adequate height off the floor to protect it from contamination from water accumulation on the floor or splash by foot traffic. F. The enhanced retail seafood license holder shall require all employees to wash, rinse and sanitize their hands thoroughly in a hand washing facility;
1. Before starting work;
2. After each absence from the work station;
3. After each work interruption; and
4. Any time their hands may have become soiled or contaminated. G. No unauthorized personnel shall be allowed to handle shellstock. The employee shall
wear a clean apron or other clean outer garments when handling shellstock.
A. Each enhanced retail seafood license holder must maintain records pertaining to all shellfish purchases and shellfish shipments received. These records must be made available to the Department upon request and must comply with the following criteria:1. 1. Each enhanced retail seafood license holder shall have a business address at which records are maintained.
2. 2. Records shall:
1. (a) Be complete, accurate and legible;
2. (b) Contain all of the Department's required information in a form authorized by the Department; and
3. 3. The records must be sufficient to:
1. (a) Document that the shellstock was obtained from an authorized source (licensed harvester or certified dealer);
2. (b) Allow each container of shellstock to be traced back to the specific incoming lot of shellstock from which it was taken; and
3. (c) Allow for each lot of shellstock to be traced back to the growing area, date of harvest, and if possible, the harvester or group of harvesters.
4. 4. Records shall be maintained in a permanently bound ledger book or other recording method approved by the Department.
5. 5. The records shall be retained:
1. (a) For a minimum of one year for fresh shellstock and for a minimum of two years for frozen shellstock.C. Shellfish Reports: See Chapter 8.10(A) Landings Program; a no-cost Primary Buyers Permit is required.
1. The Commissioner may apply to the District Court for suspension of an enhanced retail seafood license where the holder has refused to allow a shellfish inspection or has violated a shellfish sanitation regulation. As provided by 12°M.R.S. §6373, the Commissioner may apply for suspension in a summary action before the district court pursuant to the provisions of 4 M.R.S. §184.
2. The Commissioner may suspend an enhanced retail seafood license under 12 M.R.S. §6401 where the holder has been convicted of a violation of a marine resources law. The Commissioner shall follow the procedures set forth in 12 M.R.S. §§ 6351 to 6353 to impose such a suspension.
B. When the Department determines that a condition exists that presents an immediate threat to public health the Department may take any or all of the following actions to protect the public health:
1. Suspend the enhanced retail seafood license in accordance with 5 M.R.S. §10004 (3 & 4);
2. Require the holder of the enhanced retail seafood license to initiate a recall consistent with the procedures in Chapter 15.36, of any distributed shellfish or shellstock that are adulterated or may have become adulterated; and
3. Embargo and destroy any undistributed lots of shellstock that are adulterated or may have become adulterated consistent with the provisions of Chapter 15.23.
C. If the Commissioner determines that an applicant for renewal of an enhanced retail seafood license is not currently in compliance with shellfish sanitation regulations, or has failed to comply with shellfish sanitation regulations during the previous license period, the Commissioner may refuse renewal of the license in accordance with the following procedures:
1. The Commissioner shall advise the applicant for renewal by certified mail, return receipt requested, of the refusal and the grounds for this refusal.
2. The Commissioner shall advise the applicant for renewal that the applicant has a right to request that an adjudicatory hearing be held before the Department in conformity with 5 M.R.S., Chapter 375 subchapter IV. The Commissioner shall advise the applicant that the hearing must be requested in writing and that the written request must be received by the Department no later than 10 days of receipt by the applicant of the notice, by certified mail, of refusal to renew the enhanced retail seafood license.
3. If an adjudicatory hearing is requested, the Commissioner shall schedule a hearing within 10 days of the Department's receipt of the written request for hearing, unless a longer period is mutually agreed to in writing.
4. Notice of the hearing date, time and location shall be given immediately to the
applicant.
STATUTORY AUTHORITY: 12 M.R.S. §6852
EFFECTIVE DATE:
December 21, 2009 – filing 2009-658
AMENDED:
January 1, 2016 – Section 22.01(H), filing 2015-197