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

2. (b) For display purposes, shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container maintained at 41 degrees Fahrenheit, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:

   1. (1) the source of the shellstock on display is identified as specified in §228.63(i) of this title and subsection (e) of this section; and
   2. (2) the shellstock are protected from contamination.

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

   1. (1) the labeling information for the shellfish on display as specified in §228.63(h) of this title is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and
   2. (2) the shellfish are protected from contamination.

4. (d) Shucked shellfish may be removed from the container in which they were received and repacked in consumer self-service containers where allowed by law if:

   1. (1) the labeling information for the shellfish is on each container as specified in §228.63(h) and §228.79(a)(1) and (2)(A) - (E) of this title;
   2. (2) the labeling information as specified in subsection §228.63(h) of this title is retained which correlates with the date when, or dates during which, the shellfish are sold or served;
   3. (3) the labeling information and dates specified in subsection (d)(2) of this section are maintained for 90 days; and
   4. (4) the shellfish are protected from contamination.

5. (e) Shellstock, maintaining identification.

   1. (1) Except as specified in paragraph (3)(B) of this subsection, shellstock tags shall remain attached to the container 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 90 calendar days from the date that is recorded on the tag or label, as specified in paragraph (2) of this subsection, by:^Pf

      1. (A) using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified in paragraph (2) of this subsection;^Pf and

      2. (B) if shellstock are removed from their tagged or labeled container:

         1. (i) preserving source identification by using a record keeping system as specified in subparagraph (A) of this paragraph;^Pf and
         2. (ii) ensuring that shellstock from one 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

Source Note:The provisions of this §228.64 adopted to be effective October 11, 2015, 40 TexReg 6901.