Ala. Admin. Code r. 220-3-.24

Current through Register Vol. 42, No. 10, July 31, 2024

Section 220-3-.24 - Oyster Tags

(1) Oyster tags issued by the Department of Conservation and Natural Resources, Marine Resources Division, to be placed on each sack of oysters harvested for commercial purposes (as provided by Section 9-12-67, Code of Ala. 1975) or noncommercial purposes shall be identified in accordance with the requirements of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health.

(2) All oysters harvested from public reefs must be landed at the Oyster Management Station where tags shall be purchased and the information shall be completed or supplied (as required by the Marine Resources Division) by the harvester and the tag shall be immediately attached to each sack or container of oysters before leaving the Oyster Management Station.

(3) Harvesters operating on private or aquaculture areas shall purchase appropriate harvest tags prior to harvesting oysters. Each sack or container must be tagged immediately and have the time of harvest written on the tag.

(4) Bulk tagging may be utilized by licensed aquaculture sites, in accordance with the requirements of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health, for transportation from harvest location to a certified shellfish dealer or processor.

(a) Oysters, held in bulk and intended for raw consumption, must be harvested within the Time and Temperature Matrix established by the state Department of Public Health.

(5) Sale to Individuals or businesses, other than certified shellfish shippers or processors, is prohibited.

(6) As provided by law, upon emptying each sack or container, oyster tags shall be removed and filed or disposed of as required by the rules of the Alabama Department of Public Health. It shall be unlawful to possess empty oyster sacks or containers with tags attached.

(7) Dealers shall follow the same procedure on sacks, containers or bulk units of Alabama oysters being shipped as shellstock. The dealer shall then identify shellstock shipments as provided by rules of the Alabama Department of Public Health.

Ala. Admin. Code r. 220-3-.24

Effective January 20, 1993. Amended: Filed November 24, 2010; effective December 29, 2010.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 6/23/2017.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 11, August 31, 2018, eff. 9/22/2018.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 10, July 30, 2021, eff. 9/13/2021.

Author: Christopher M. Blankenship

Statutory Authority:Code of Ala. 1975, §§ 9-2-4, 9-2-7, 9-2-8, 9-2-12, 9-12-33, 9-12-67, 9-12-82.

Penalty: As provided by law.