Ala. Admin. Code r. 420-3-18-.08

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-18-.08 - Requirements For Harvesting, Processing And Distribution Of Shellfish

(1) Adoption by reference - The document entitled National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, 2017 Revision, Sections I and II, promulgated by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, is hereby incorporated by reference and made a part of this rule as if set out in full and all provisions thereof are adopted as a rule of the State Board of Health.

(2)Availability - Said document is available at the office of Director, Division of Food, Milk, and Lodging, RSA Tower Suite 1250, 201 Monroe Street, Montgomery, Alabama 36104 or online at http://www.fda.gov/media/117080/download.

(3)Control - Where there is consistency between Chapter 420-3-18 and the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, 2017 Revision, Section I and II, these rules control. Where these rules are silent, the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, 2017 Revision, Sections I and II, controls.

(4) Water supply for permitted establishments -

(a) The State Health Officer may sample a shellfish processing establishment's water supply as often as necessary to ensure compliance with these rules.

(b) When a water sample of a non-public water system used by a shellfish processing establishment shows coliform present as reported by the Alabama Department of Public Health Bureau of Clinical Laboratories, a resample shall be taken within 7 days. Whenever two consecutive samples taken on separate days show coliform present, the permit to operate shall be suspended by the State Health Officer in accordance with appropriate administrative procedures. A sample result of coliform absent with no confluent growth is required prior to reinstatement of the permit.

(5) Harvest restriction times for control of Vibrio bacteria -

(a) In order to control growth of the bacteria Vibrio parahaemalyticus and Vibrio vulnificus, all shellfish harvested for sale as shellstock (that is, for sale to the final consumer as shellstock or half-shell service) shall be conducted within the time limits specified in Appendix A for any month.

(b) For harvesting from private reefs, as defined or designated by the Alabama Department of Conservation and Natural Resources, the licensed shellfish harvester shall keep documentation noting the time going onto, and coming off, the private reef. Each harvest container shall be tagged when full with a completed, approved private lease tag purchased from the Alabama Department of Conservation and Natural Resources. Total time from first harvest until harvested shellfish are placed under approved mechanical refrigeration shall not exceed the time limits specified in Appendix A for any month, except as allowed in Rule 420-3-18-.08(5)(d).

(c) Any shellfish harvested outside the designated harvest times, or without an approved time documentation to confirm, or verify, the time limits of the shellfish harvest, shall be deemed adulterated, except as allowed in Rule 420-3-18-.08(5) (d).

(d) Shellfish harvested for approved post-harvest processing to control Vibrio bacteria, or for sale to a permitted shellfish processing facility for the purpose of shucking, and with tags attached to the harvest container (bag, sack, or box) stating such restricted use, shall be exempted from the time controls stated in Appendix A, Column 3, of this rule. Nothing in this rule shall be deemed to exempt any licensed shellfish harvester from a more restrictive harvest time that may be set by the Alabama Department of Conservation and Natural Resources.

(e) If shellfish are received by a permitted shellfish processing facility with "Restricted Use" information on any tag or label attached to the shellfish container (bag, sack, or box), then the shellfish in that container shall be processed and sold in accordance with the attached "Restricted Use" information. The permitted shellfish processing facility receiving the shellfish shall document in the facility's Hazard Analysis Critical Control Point (HACCP) Plan that all further processing in the facility was done in accordance with the "Restricted Use" instructions.

(6) Transportation -

(a) Shellstock for commercial use and with a dealer tag attached stating "Keep refrigerated," or similar language on the dealer tag indicating temperature maintenance is required, shall be transported in refrigerated equipment as defined in these rules, and the internal temperature of the shellstock meat shall be maintained at 45°F or below.

(b) A shellfish processing establishment may transport shellstock from one permitted shellfish processing establishment to another permitted shellfish processing establishment within short distances, and use alternate temperature maintenance such as ice and adequate protection from contamination, if such transport is made a part of the shellfish processing establishment's HACCP Plan and is approved by the State Health Officer prior to any shellstock transport.

Ala. Admin. Code r. 420-3-18-.08

New Rule: Filed November 20, 2003; effective December 25, 2003. Amended: Filed July 23, 2012; effective August 27, 2012.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 01, October 30, 2020, eff. 12/14/2020.

Original Rule 420-3-18-.08 - Appeals was repealed and rule .09 was renumbered to .08 as per certification filed July 23, 2012; effective August 27, 2012.

Authors: Lewis A. Byrd, Ph.D., Christine Collins, Jeff McCool, Greg Dunn, Byron Webb

Statutory Authority:Code of Ala. 1975, §§ 9-12-126, 22-2-2(6), 22-20-5.