7 Del. Admin. Code § 7402-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 7402-4.0 - HACCP and Sanitation: Harvesting, Handling, Processing, Depuration, and Relaying

4.1 HACCP (Hazard Analysis Critical Control Points): All HACCP specifications are contained in Appendix 12 of these Regulations, and consists of the "Fish and Fishery Products Hazards and Controls Guide, and the accompanying "Training Guide."

4.1.1 The HACCP method of doing sanitation assessments shall take effect on December 18, 1997. Until then, all portions of these Regulations shall be in effect. As of December 18, 1997, all portions of these Regulations superseded by HACCP shall no longer be in effect. However, the remainder of these Regulations shall not be affected thereby.

4.1.2 After December 18, 1996, a representative person from each Delaware shellfish dealer/processor businesses/operation, and which shall include only those shellfish dealer/processors which are listed in the Interstate Certified Shellfish Shippers List, and which fall under HACCP as defined in Section 123.3 (k) (1) of the Federal law mandating HACCP, as interpreted by DNREC, shall be required to:

4.1.2.1 Complete an Approved HACCP Training Course; and

4.1.2.2 Develop and implement an Approved HACCP Plan. DNREC may provide guidance in developing this Plan, and may draft the Plan if the person/business is unable for any reason to do so without assistance.

4.2 General Sanitation:

4.2.1 Sanitary Control: All persons/businesses which handle shellfish shall be required to comply with any or all of Section IV of these Regulations.

4.2.2 Sampling: Representatives of DNREC may secure reasonable samples of shellfish for laboratory and sanitary examination.

4.2.3 Adulterated Product: Shellfish shall not be adulterated. Shellfish shall be considered to be adulterated if they contain poisonous or deleterious substances, and/or based on the following criteria:

4.2.3.1 Only processes approved by DNREC may be used in the handling of shellfish.

4.2.3.2 Only shellfish additives approved by DNREC shall be used in shellfish at concentrations approved by DNREC.

4.2.3.3 In addition to other labeling and tagging requirements, shellfish shall be labeled with all required information regarding additives.

4.2.3.4 Shellfish shall meet the bacteriological standards indicated in Appendices 6 and 7.

4.3 Harvesting of Shellfish:

4.3.1 Harvesting For Depuration Or Relay Purposes: Shellfish may be harvested for depuration or relay purposes from waters classified as other-than-Approved; however not from Prohibited waters, and only with written permission of DNREC. Shellfish containing poisonous or deleterious substances shall meet FDA tolerance levels prior to sale to the final consumer.

4.3.2 Waste Disposal:

4.3.2.1 All buy boats shall have a non-receiving-waters-discharge-capable marine head (Type III without a Y-valve) on board.

4.3.2.2 No body excretions shall be discharged overboard from a boat used in harvesting shellfish, or from "buy" boats while in areas from which shellfish are harvested.

4.3.2.3 No other poisonous or deleterious substance shall be discharged overboard.

4.3.2.4 All shellfish harvest vessels shall have at a minimum a bucket with a tight-fitting lid designated exclusively for retention of bodily excretions.

4.3.3 Shellstock Contact Surfaces:

4.3.3.1 Boat decks, storage bins, and other surfaces that contact shellstock shall be constructed of cleanable material(s). Wood which is smooth and cleanable, without cracks and crevices, and is well maintained, shall be considered a suitable shellstock contact surface.

4.3.3.2 Shellstock contact surfaces shall be kept clean with potable water, or with Approved shellfish growing water, and shall be thoroughly cleaned before they contact the shellstock.

NOTE: Shellstock in this case shall mean only live shellfish still in the shell.

4.3.4 Contamination and Temperature Control: NOTE: Shellstock in this case shall mean only live shellfish still in the shell.

4.3.4.1 Dogs, cats or other animals are not permitted on vessels or in vehicles on which shellstock is held.

4.3.4.2 Shellstock shall be covered when ever possible and as soon after harvest as possible to prevent contamination of the shellstock by bird excrement or other contaminants and to reduce exposure to the sun which may cause spoilage.

4.3.4.3 DNREC shall have the authority to require shellfish harvesters to provide adequate temperature controls for shellstock during any phase of handling based on ambient air temperature and time of exposure.

4.3.4.4 Shellstock shall not come in contact with bilge water or any other polluted water. Shellstock shall be stored after harvest in a location that will prevent the shellfish from contacting bilge water or waters classified as other-than-Approved.

4.3.4.5 Shellstock shall be washed reasonably free of bottom sediments and detritus as soon after harvesting as is practical with Approved shellfish growing area water or potable water. The primary responsibility for washing is with the harvester.

4.3.4.6 Sacks or other containers used for storing shellstock shall be clean and fabricated from safe materials. Such sacks/containers shall have only been used for the conveyance of shellfish, and shall not have been used for the conveyance of other food products since their fabrication.

4.3.5 Records: Harvesters shall place tags on individual units of shellstock, recognizing that individual bags or a bulk landing of shellstock may constitute an individual unit of shellstock. All harvester tags shall meet the requirements specified in Appendix 10.

4.4 Post Harvest Handling, Packing, Shipping, and Shucking of Shellfish:

4.4.1 Plant Location/Flooding: Plants in which shellfish are shucked and packed shall be located so they will not be subject to regular flooding. If plant floors become flooded shucking shall be discontinued until after waters have receded, and the building is cleaned.

4.4.2 Plant Arrangement:

4.4.2.1 The handling of shellfish shall be separated by time and/or distance/partitions from other operations which could cause contamination of the shellfish.

4.4.2.2 Packing rooms shall be of sufficient size to permit sanitary handling of the product, and thorough cleaning.

4.4.2.3 A separate room, rooms, or lockers shall be provided for storing employees' street clothing, aprons, gloves, and personal articles.

4.4.2.4 Plants/trucks/conveyances shall be used in a manner which is consistent with plant arrangement requirements, and which provide sanitary protection of the shellfish.

4.4.3 Vectors:

4.4.3.1 Plants/trucks/conveyances shall be constructed so that reasonable barriers to entry are provided for insects, rodents, and other vermin.

4.4.3.2 Extermination efforts shall be required when deemed necessary.

4.4.3.3 Plant premises shall be maintained so that no undue harborage or food is provided for vermin.

4.4.3.4 No domestic animals or fowl shall be permitted in the interior of shellfish processing plants, except guard dogs may be allowed in non-processing portions of plants with no further restrictions, and may be allowed in processing portions of the plant interior when plants are not in use unless the dog's behavior results in chronic unsanitary conditions.

4.4.4 Non-Food Contact Surfaces:

4.4.4.1 Truck floors, storage bins, and other surfaces that contact shellstock shall be constructed of cleanable material(s), shall be kept clean with potable water or Approved shellfish growing water, and shall be thoroughly cleaned before they contact the shellstock.

4.4.4.2 Hardwood in good condition, and smooth and cleanable, shall be considered a suitable shellstock contact surface. NOTE: Shellstock in this case shall mean live shellfish still in the shell.

4.4.4.3 Floors shall be constructed of concrete or other material reasonably impervious to water, shall be graded to drain quickly, shall be free from cracks and uneven surfaces that interfere with proper cleaning or drainage, shall be maintained in good condition, and shall be kept clean.

4.4.4.4 Interior surfaces, including walls, ceilings, refrigeration units, and attached equipment in rooms where shellfish are shucked, packed, or stored, or in which utensils are washed or stored, shall be smooth, washable, light-colored, shall be maintained in good condition, and shall be kept clean.

4.4.4.5 Blow tank air intake filters shall be constructed from approved materials.

4.4.4.6 Surfaces of stands or stalls shall be smooth and cleanable.

4.4.5 General Sanitation:

4.4.5.1 Premises shall be kept clean and free of litter and rubbish. Adequate, covered refuse containers shall be provided throughout the plant. Miscellaneous and unused equipment and articles which are not necessary to plant operations shall not be stored in rooms used for shellstock storage, shucking, packing, or repacking.

4.4.5.2 In addition to being maintained in a generally sanitary condition, non-food contact surfaces, including shucking stools, floors, walls, ceilings, and attached equipment in the shellstock storage rooms, packing, and shucking rooms, shall be cleaned as soon as is practicable after the day's operations have ceased.

4.4.5.3 Adequate cleaning equipment and solutions shall be provided, used, and stored properly.

4.4.5.4 Signs shall be posted in toilet rooms and/or near hand sinks directing employees to wash their hands before starting work and after each interruption.

4.4.5.5 Covered refuse containers shall be provided at each hand sink. Soap and paper towels shall be provided at each hand sink.

4.4.5.6 Windows and skylights (inside and outside surfaces) shall be maintained, and kept in a clean condition.

4.4.6 Lighting: Ample natural and/or artificial light shall be provided in all working and storage rooms. Artificial lighting fixtures shall be shielded.

4.4.7 Heating, Cooling and Ventilation: Working rooms shall be ventilated, and shall be heated or cooled when necessary to prevent condensation.

4.4.8 Water Supply: All Shucker-Packers, Repackers, and Depuration Processors shall have an adequate potable water supply. Shellstock Shippers shall have a potable water supply or access to Approved shellfish growing waters.

4.4.9 Plumbing and Related Facilities:

4.4.9.1 Plumbing shall be installed in compliance with all the BOCA Southern Plumbing Code and local plumbing codes.

4.4.9.2 Toilets shall be easily accessible.

4.4.9.3 Sinks with cold running water, and hot running water of at least 100 Degrees-F, shall be provided for employee use after using the lavatory, and shall be located so they are subject to observation by plant personnel responsible for this task.

4.4.9.4 All toilets, toilet rooms, and outhouses, and all surfaces therein, shall be constructed of smooth and cleanable materials, and shall have toilet paper.

4.4.9.5 All toilet rooms and outhouses shall be vented to the outside.

4.4.9.6 A three compartment sink with hot and cold running water available at each compartment shall be provided on the premises for the purpose of washing, rinsing, and sanitizing equipment which contacts the shellfish, such as knives and shucking buckets.

4.4.9.7 At least one hand sink with hot and cold running water shall be provided in the packing room, and one provided in the shucking room.

4.4.10 Sewage Disposal: Sewage shall be discharged in accordance with the DNREC "Regulations Governing the Design, Installation and Operation of On-Site Waste water Treatment and Disposal Systems." Sewage disposal facilities shall be so constructed and maintained that wastes will be inaccessible to flies.

4.4.11 Food Contact Surfaces:

4.4.11.1 Materials and Construction:

4.4.11.1.1 The tops of shucking benches and tables, and contiguous walls to a height of at least 2 feet above the bench top, shall be of smooth concrete, corrosion-resistant metal, or other durable, non-absorbent material, free from cracks, and so constructed that drainage is complete and rapid, and is directed away from the stored shellfish.

4.4.11.1.2 Equipment and conveyances shall be constructed so shucked shellfish do not become entangled and/or hung up on the equipment during processing operations.

4.4.11.1.3 Shucking blocks shall be smooth and cleanable. Wooden blocks are allowed if smooth and cleanable, and are of solid, one-piece construction, and are easily removable. Shucking blocks of lead and other toxic materials are prohibited.

4.4.11.1.4 Food contact surfaces of refrigeration units, utensils, and other equipment, shall be made of smooth, corrosion-resistant, impervious, nontoxic material which will not readily disintegrate or crack; and utensils and equipment shall be constructed so they are easily cleanable, and shall be kept in good repair.

4.4.11.1.5 Shellstock not shipped in bulk shall be shipped in sacks or other containers approved for storing shellstock, shall be clean, and shall be fabricated from safe materials. NOTE: Shellstock in this case shall mean only live shellfish still in the shell.

4.4.11.1.6 Shucked shellfish shall be packed and shipped in clean, single-service containers made of impervious materials, and which possess tamper resistant qualities, or they shall be stored in clean, properly designed, returnable containers, sealed so that tampering can be detected.

4.4.11.2 Sanitation and Use:

4.4.11.2.1 All food-contact surfaces, including; but not limited to shucking benches, blocks, and other work surfaces, and utensils which come into contact with shucked shellfish, shall all be used in a sanitary manner, stored in a manner which precludes contamination, and shall be washed and rinsed with potable water, and sanitized as soon as is practicable after the day's operations have ceased.

4.4.11.2.2 Returnable shipping containers shall be thoroughly cleaned as soon after emptying as is practical, and shall be washed and rinsed with potable water, and sanitized on the day they are to be used, and shall be protected against contamination, and handled in a sanitary manner.

4.4.11.2.3 All single-service containers shall be stored and handled in a sanitary manner, and where necessary shall be given bactericidal treatment immediately prior to filling.

4.4.11.2.4 Adequate cleaning equipment, solutions, sanitizers, and test kits shall be provided, used, and stored properly.

4.4.11.2.5 Poisonous and Deleterious Substances: Poisonous and deleterious substances shall be properly used, stored, located, and labeled.

4.4.12 Records and Shellstock/Shellfish Labeling:

4.4.12.1 Complete and accurate records of all shellfish received and shipped shall be kept by every shellfish dealer/processor, shall be organized and easily understood pertaining to traceback of shellstock/shellfish to waters of origin, and shall be made accessible to DNREC. Records shall accurately reflect all information required on shellfish tags, as specified in Appendix 10.

4.4.12.2 Shellfish shall not be accepted by shellfish dealer/processors unless the shellfish is identified and accompanied by the information contained in Appendix 10.

4.4.12.3 All shellfish dealer/processors shall retain records of the procurement of and distribution of shellfish/shellstock for a period of at least one year if the product is fresh, and for a period of at least two years if the product is frozen, unless otherwise proscribed by DNREC.

4.4.12.4 Shellfish reshipped or distributed by wholesale dealers shall bear shellfish tags. If the package is reshipped as a unit, remaining unchanged since it was received, the tag shall have sufficient blank space for the reshipper to stamp their reshipper number, state designation, and date of reshipment on the tag.

4.4.12.4.1 Shellstock: All shellfish dealer/processors shall identify each bag, container, or other unit of shellstock with a regulation shellfish tag, as per specifications in Appendix 10.

4.4.12.4.2 Each individual package of fresh or frozen shucked shellfish shall have permanently recorded on the package or label, so as to be easily visible, the shucker-packer's, repacker's, and distributor's name, address, and Interstate Certified Shellstock Shipper's List (ICSSL) certificate number preceded by the abbreviated name of the State. Containers holding 1 gallon or more shall have the identification on the container wall unless the cover becomes an integral part of the container during the sealing process. Packages of frozen shellfish shall show the date or code of packing.

4.4.12.4.3 Each container or unit of shucked shellfish shall be labeled with the information contained in Appendix 10.

4.4.13 Shellstock Handling (General):

4.4.13.1 All shellstock shall be protected against contamination at all times, and shall be handled in a sanitary manner, and shall be shipped, delivered, and received in a clean and wholesome condition.

4.4.13.2 Dead shellstock shall be culled as often as is practicable. Only live shellfish shall be shucked. Dead shellstock shall not be made available for human consumption, and shall be disposed of in a sanitary manner. The exception to these requirements shall be Post-Harvest Processed shellfish / shellstock, where killing the animal is an accepted result of said process(es).

4.4.13.3 There shall be no commingling of shellfish.

4.4.13.4 Shellstock shall be washed reasonably free of bottom sediments and detritus as soon after harvesting as is practicable with Approved shellfish growing water or potable water. Although washing shellstock is the primary responsibility of the harvester, it shall also be the responsibility of the person receiving shellstock to ensure that they are washed.

4.4.13.5 Flume water shall be maintained reasonably free of sediments, shellfish tissue "fines," and other particulate matter, and shall be changed often enough to preclude excessive accumulation of such matter.

4.4.13.6 Shucked shellfish shall not be allowed to become entangled or hung up on equipment for more than 30 minutes during processing operations. Actions shall be taken to dislodge meats from equipment at intervals not to exceed 30 minutes. Such meats may be reintroduced into processing operations. Meats which have become entangled or hung up on equipment for more than 30 minutes shall be dislodged, removed, and discarded.

4.4.13.7 Shells from which meats have been removed shall be removed promptly from the shucking room.

4.4.14 Temperature Control:

4.4.14.1 Adequate refrigeration shall be required, with thermometers and/or temperature recording devices, as required by DNREC.

4.4.14.2 Shellstock: Shellstock shall be transported in adequately refrigerated trucks if, in the opinion of DNREC, not doing so would subject the product to unacceptable bacterial growth or deterioration due to high ambient outside air temperature and/or an unacceptably long transportation time. Within four hours of receipt/loading of shellstock, said shellstock shall be in an environment capable of achieving and maintaining a product temperature of 45^oF or lower.

4.4.14.3 Shucked Shellfish:

4.4.14.3.1 Shucked shellfish shall be cooled to an internal temperature of 45^oF or less within 2 hours after packing. Further cooling to a temperature not exceeding 40^oF is recommended.

4.4.14.3.2 Shellfish which will not be packed within 1 hour after delivery to the packing room shall be cooled to an internal temperature of 45^oF or less within 2 hours, and in all cases shellfish shall be cooled to an internal temperature of 45^oF or less within four hours of commencing processing of said shellfish.

4.4.14.3.3 Flume water shall be maintained at 50^oF or less during processing operations.

4.4.14.3.4 A temperature of 0^oF or less shall be maintained in the frozen-storage rooms.

4.4.14.4 Packing: The temperature of shellfish shall not exceed 50^oF during the repacking process. Frozen shellfish shall not be thawed during repacking. Shucked Shellfish Intended For Repacking: Shucked shellfish that is to be repacked by the receiver shall be received at the repacking plant in approved shipping containers at a temperature of 45^oF or less. Frozen shellfish which have thawed shall not be repacked or repackaged.

4.4.15 Ice: Ice shall be obtained from a source approved by DNREC, and shall be stored and handled in a sanitary manner.

4.4.16 Wet Storage:

4.4.16.1 Shellfish in wet storage shall be protected from contamination.

4.4.16.2 Wet storage is prohibited unless written approval is given each year by DNREC. This approval shall include a sketch, drawn to scale, and attached to or drawn on the reverse side of the certificate, showing the approved location of the wet storage area, float, or the water intake for the wet storage tanks, and shall further show all the potential hazards to which the shellfish may be exposed. The approval statement rendered by DNREC shall describe the measures taken to protect the shellfish from the potential hazards. The written approval for wet storage shall expire concurrently with the expiration of the shellfish permit.

4.4.17 Supervision and Personnel: Supervision shall be adequate to ensure that personnel adhere to the parameters listed below, shellfish are handled/maintained in a sanitary manner, and the premises are maintained in a sanitary manner.

4.4.17.1 Unauthorized persons shall be excluded from the shellfish processing plant and related operations.

4.4.17.2 Any person known to be infected with any disease in a communicable form, or to be a carrier of any disease which can be transmitted through the handling of shellfish, shall be excluded from handling shellfish. Any person who has an infected wound or open lesion on any exposed portion of his body shall be excluded from shucking or packing shellfish.

4.4.17.3 Personnel shall not eat or use tobacco when engaged in shellfish processing operations. Employees shall not use tobacco in any form in the rooms in which shellfish are shucked or packed.

4.4.17.4 Personnel shall maintain their person and outer garments in a clean condition. Any person who handles shucked shellfish shall wear a clean apron or coat.

4.4.17.5 Personnel shall wear clean hair restraints when engaged in shucking or packing shellfish.

4.4.17.6 Employees shall wash their hands with soap and water before beginning work, and again after each interruption.

4.4.17.7 When manual handling of shucked shellfish becomes necessary personnel shall wear sanitized rubber gloves, or shall wash and disinfect their hands immediately prior to such manual handling. Rubber gloves shall be sanitized as often as necessary, and at least twice daily.

4.5 Depuration of Shellfish: This Section is specific to depuration, and applies to depuration-processors in addition to other applicable portions of Sections III and IV of these Regulations.

4.5.1 General Requirements: On a case-by-case basis, DNREC shall require any and all means deemed necessary to ensure that shellfish required to be depurated are subjected to the depuration process approved by DNREC for each depuration-processor.

4.5.2 Process Specifications:

4.5.2.1 In addition to routine permitting and certification procedures, depuration process specifications and physical plant specifications shall be approved by DNREC in cooperation with the depuration processor prior to commencing operations. The depuration process specifications shall substantiate that the depuration process will reduce bacteria and viruses to acceptable levels. Sampling protocols and indicator bacteria standards are located in Appendices 5 and 6.

4.5.2.2 Depuration process lots shall consist of shellfish from the same shellfish growing area or bed. A single process lot may consist of more than one harvest lot only if each harvest lot originates from the same shellfish growing area or bed.

4.5.2.3 Shellfish from different process batches shall be packaged separately.

4.5.2.4 Different shellfish species shall not be processed in the same depuration unit unless studies demonstrate that the species are compatible, and that each species is effectively depurated.

4.5.2.5 Shellfish process lots shall not be commingled during washing, culling, depuration, packing, or any other part of the processing operation. Shellfish harvest lots placed in the same depuration unit, and subsequently shipped all at once or in several batches, shall be considered a single process batch. If more than one harvest lot of shellfish are being processed at the same time the identity of each harvest lot shall be maintained throughout the depuration process.

4.5.2.6 Shellfish shall be depurated for at least 48 hours. Longer depuration times may be required by DNREC.

4.5.2.7 The maximum depth of shellfish in depuration vessels shall be 3 inches for hard clams and oysters, and 8 inches for soft clams.

4.5.2.8 Shellfish shall be washed and culled after depuration, and packaged in clean shipping containers fabricated from safe materials.

4.5.2.9 Processing vessels shall be cleaned, sanitized, and rinsed free of the sanitizer before a process lot is processed.

4.5.2.10 Depurated shellfish shall not be repackaged after leaving the depuration plant.

4.5.3 Process Water Specifications: The process water shall meet the following physical, chemical and microbiological parameters:

4.5.3.1 A minimum Dissolved Oxygen concentration of 50% of saturation;

4.5.3.2 No detectable coliform organisms as measured by the standard five-tube MPN for drinking water, or a test of equivalent sensitivity in the tank influent;

4.5.3.3 A salinity within 20% (+ or -) of the harvest area;

4.5.3.4 A minimum temperature of 50^oF for oysters and hard clams and 35^oF for soft clams and a maximum temperature of 68^oF for hard and soft clams; and

4.5.3.5 A minimum flow rate of process water in each depuration unit shall be one gallon per minute for bushel of shellfish. The minimum volume of process water in depuration tanks shall be eight cubic feet of water per bushel of shellfish.

4.5.4 Materials Specifications:

4.5.4.1 Process tanks shall be fabricated from non-toxic, corrosion-resistant, easily-cleanable material. All equipment is to be constructed to be easily cleanable. Shellfish depuration vessels shall be constructed to allow water flow to all shellfish located therein.

4.5.4.2 Separate holding and storage areas shall be provided for depurated and non-depurated shellfish.

4.5.5 Records: In addition to other records required, a record of bacteriological data and other quality assurance related information shall be established and kept for a minimum of two years for each depuration cycle or run. The following shall be maintained for each depuration processor:

4.5.5.1 Depuration process specifications for each depuration processor;

4.5.5.2 The sanitary survey reports and data for the harvest areas;

4.5.5.3 The pre-certification process verification data and reports that are used to establish the operational specifications;

4.5.5.3.1 The periodic analysis of the process data;

4.5.5.3.2 Sanitary inspection reports for the facility;

4.5.5.3.3 An adequate sampling scheme; and

4.5.5.3.4 An evaluation report verifying that the operators records have been reviewed and the process has been evaluated.

4.6 Relaying of Shellfish: This Section is specific to shellfish relaying, and applies to depuration-processors in addition to all portions of Sections III and IV of these Regulations.

4.6.1 Relay Specifications:

4.6.1.1 In addition to routine permitting and certification procedures, relay specifications shall be approved by DNREC in cooperation with the relay operator prior to commencing the relay operation. The relay specifications shall substantiate that relaying will reduce bacteria and viruses to acceptable levels.

4.6.1.2 Relayed shellfish shall be identified by relay lot. Each relay lot shall be kept separate from other lots to prevent cross-contamination and commingling.

4.6.1.3 Shellfish relayed by container shall be washed reasonably free of bottom sediments and detritus, culled, and placed in clean containers made of approved/non-corrosive materials which allow free flow of water to the shellfish. The depth and configuration of shellfish in containers shall allow the shellfish to pump (feed) normally.

4.6.2 Relay Water Specifications: Shellfish shall be held in Approved shellfish growing areas for a sufficient period of time under suitable environmental conditions to assure purification. The bacteriological quality of the shellfish after relaying shall be of the same quality as the same species already in the area in which they were placed. The time required for purification will normally be determined by water temperature, salinity, initial quality, and species of shellfish. This period shall be at least 14 consecutive days when environmental conditions are suitable for purification unless shorter periods are demonstrated to be adequate. Aside from standard shellfish harvest standards, relay area water must meet the following criteria:

4.6.2.1 A salinity within 20% (+ or -) of the harvest area; and

4.6.2.2 A minimum temperature of 50^oF for oysters and hard clams and 35^oF for soft clams.

4.6.3 Records: Written operating procedures containing the following shall be maintained by DNREC in cooperation with the relay operator prior to commencing relaying operations, and shall be followed during relaying operations:

4.6.3.1 The source and species of shellfish to be harvested;

4.6.3.2 The quality of shellfish and/or water quality prior to harvest;

4.6.3.3 The quality of shellfish indigenous to the relay area;

4.6.3.4 The quality of relayed shellfish after purification;

4.6.3.5 The time period during the year the relaying may be conducted;

4.6.3.6 The issuance of special harvesting permits to licensed harvester in accordance with Section 4.6;

4.6.3.7 The method of transportation to the relay site and the deposition method for the shellfish;

4.6.3.8 The method of maintaining adequate separation between lots of relayed shellfish; and

4.6.3.9 All specifications relating to container/cage materials and seals if container/cage relaying.

For further information regarding classification of Delaware's shellfish growing areas, please call (302) 739-9939.

7 Del. Admin. Code § 7402-4.0

10 DE Reg. 145 (7/1/06)