1. (a) A shellfish dealer who commercially harvests oysters and hard clams during the timeframe from May 1 through September 30 shall:

   1. (1) Provide adequate shading to protect oysters and hard clams from direct exposure to sunlight during harvest and where harvested oysters or hard clams are stored;
   2. (2) If an ice slurry is used for rapid cooling, ensure that the temperature of the slurry is less than or equal to 50º F;
   3. (3) Ensure that all oysters and hard clams are adequately iced or placed under temperature control within 4 hours from the time of harvest;

   4. (4) Complete a log that contains the following:

      1. a. Time of harvest; and
      2. b. Time to temperature control information as per (3) above;
   5. (5) Ensure that the internal temperature of the oysters and hard clams has reached 50⁰ F or 10⁰ C or below within 4 hours of being placed under temperature control;
   6. (6) Document the internal temperature and time information as specified in (5) above;
   7. (7) Sell only oysters or hard clams that have reached an internal temperature of 50 ⁰F (10 ⁰C) or below; and

   8. (8) Complete a hazard analysis and critical control point (HACCP) plan that indicates pathogen growth of naturally occurring Vibrio parahaemolyticus as a significant hazard that includes the following:

      1. a. A critical limit indicating all oysters and hard clams shall be harvested in accordance with the time temperature requirements of (3) above; and
      2. b. A critical limit indicting that the internal temperature of oysters and hard clams has reached 50 ⁰F (10 ⁰C) or below prior to sale as required in (7) above.

Source. (See Revision Note at part heading for He-P 2150) #10704, eff 10-23-14; ss by #13569, eff 2-25-23