1. (1) No holder of a shellfish shipper's permit shall fail to provide a designated area for the dry storage of shellfish that complies with the requirements of this subdivision.

   1. (i) No person shall fail to separate dry storage areas and activities from other facilities and activities by means of partitions or other effective methods.
   2. (ii) No person shall allow, during the duration of the term of the applicable permit, the use of a dry storage area for any purpose other than the dry storage of foodstuffs.
   3. (iii) No person shall fail to provide a dry storage area with light bulbs, tubes and other sources of illumination that are shielded, coated or otherwise shatter resistant.
   4. (iv) No person shall operate a dry storage area that is not of sufficient size to permit the inspection of contents, adequate air circulation and work space for employees.
   5. (v) The floors shall be constructed of smooth, water-impervious materials and are graded to effective drains or outlets that provide rapid drainage of waste waters to effective and appropriate wastewater disposal areas.
   6. (vi) The walls shall be covered with impervious, smooth and light-colored materials.
   7. (vii) The ceilings shall be covered with smooth. impervious light-colored materials.
   8. (viii) The junction between floors and walls shall be sealed and impervious.
   9. (ix) The dry storage area shall be equipped with automatic temperature controls capable of continuously maintaining the temperature between 33°F (0.55°C) and 45°F (7.2°C).
   10. (x) The dry storage area shall be equipped with an accurate (+2°F) a readily visible thermometer or an accurate (+2°F) temperature recording device.
   11. (xi) The dry storage area shall be washable throughout, kept orderly, in good repair, protected from insects, vermin, domestic animals and other agents and forms of potential contamination.
   12. (xii) Shellfish shall not be placed, stored or allowed to be placed or stored directly on the floor or any other possible contaminated surface. This may be accomplished by the use of impervious, easily cleanable pallets, racks or other effective devices. Such pallets, racks or other effective devices shall be washed frequently to maintain cleanliness.
   13. (xiii) Frozen shellfish shall be maintained at 0°F (-17.8°C) or lower.
   14. (xiv) Unfrozen shucked shellfish or unfrozen portions shall be maintained between 33°F (0.55°C) and 45°F (7.2°C).

   15. (xv) Unfrozen shellstock shall be maintained between 33°F (0.55°C) and 50°F (10°C).

       (b) Wet storage.

2. (1) The provisions of this section shall apply to any person storing or responsible for the storage of shellfish in water.

   1. (i) No person shall fail to possess a valid class B shellfish processor permit before water storing shellfish.
   2. (ii) No person shall fail to possess a valid shellfish water storage permit.
   3. (iii) No person shall fail to operate a water storage facility that does not meet the requirements of sections 42.8, 42.9 and 42.10 of this Part.
   4. (iv) No person shall store shellfish in water in any tank which is not of a watertight construction.
   5. (v) No person shall fail to store shellfish in any tank which does not have food grade interior surfaces.
   6. (vi) No person shall fail to keep any water storage tank clean, orderly, sanitary and protected from flooding and storm water runoff.
   7. (vii) No person shall fail to protect tanks from wild and domestic animals and other forms, conditions and agents of contamination.
   8. (viii) No person shall permit the use of a tank for any purpose other than for the storage of shellfish.
   9. (ix) No person shall permit the use of a tank for the storage of shellfish unless such tank is identified with a number or letter.
   10. (x) No person shall fail to provide accessibility to a tank used for the for the storage of shellfish. Such accessibility shall not be accomplished by walking through the tank storage water.
   11. (xi) No person shall permit access to any tank used for the water storage of shellfish to anyone other than authorized persons or employees.

   12. (xii) No person shall supply water to a water storage tank unless such water is from an approved source.

       1. (a) An approved source of water is:

          1. (1) water from a harvest area classified as certified pursuant to Part 41 "Sanitary Condition of Shellfish Lands" of this Title; or
          2. (2) water from a well that meets drinking water standards.
       2. (b) Supply water must be examined at least two times annually at six-month intervals by an approved laboratory and be of satisfactory quality. Examination results shall be submitted to the department's Shellfisheries Program.
       3. (c) The degree of salinity of supply water shall be approximately equal to that of the waters from which such shellfish were harvested.
   13. (xiii) No person shall fail to supply water continuously to a water storage tank in an amount sufficient to provide at least two complete changes of water in such tank in each 24-hour storage period.
   14. (xiv) No person shall fail to use a container for the water storage of shellfish unless such a container is constructed from impervious, safe materials and is easily cleanable.
   15. (xv) No person shall fail to use a container for the water storage of shellfish unless such a container is washed and sanitized within two hours after each use.
   16. (xvi) No person shall fail to reuse a container for the water storage of shellfish unless such a container is washed and sanitized before use.

(a) Shellfish dry storage.