322 CMR, § 16.04

Current through Register 1535, November 22, 2024

Section 16.04 - The Sanitary Harvest, Handling and Transportation of Market Bound Shellfish

(1)Purpose. The purpose of 322 CMR 16.04 is to set forth the requirements applicable to the sanitary harvest, handling and transportation of shellfish by commercial fishers to prevent the contamination and deterioration of such shellfish and to safeguard public health. The additional requirements that apply to the harvest of oysters during the Vibrio parahaemolyticus (Vp) control season are set forth in 322 CMR 16.07.

(2)Vessels Used in the Harvest and Transport of Shellstock.

(a) Vessels used in the harvest and transport of shellstock shall be kept clean and free of debris during the harvest and transport of shellstock.

(b) Vessels used in the harvest and transport of shellstock shall have a sanitation device secured onboard the vessel in a manner that prevents the contamination of shellstock. The sanitation device shall be constructed of impervious, cleanable materials and have a tight fitting lid. The sanitation device shall be indelibly marked in a contrasting color "HUMAN WASTE" in letters that are at least three inches in height.

(c) No dogs, cats and other pets shall be onboard the vessel while harvesting or transporting market bound shellstock.

(d) Shellstock shall be stored onboard the vessel in raised areas to prevent contact with bilge water, fuel, oil or other chemicals and covered to prevent exposure to hot sun and birds.

(3)Containers of Shellstock.

(a) Following harvest, market bound shellstock shall be stored in containers.

(b) Containers of shellstock shall be transported in a manner that prevents exposure to the sun and defecation by birds.

(c) Materials in direct contact with shellstock shall be smooth, easily cleanable and impervious to water.

(4)Washing of Market Bound Shellfish and Shellstock.

(a) All market bound shellfish and shellstock shall be washed reasonably free of bottom sediments as soon after harvesting as practicable and prior to loading onto a vehicle for transportation for sale to a Massachusetts wholesale dealer with a primary buyer endorsement for shellfish, permitted in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01(2): Commercial Fishing Permits and 322 CMR 7.07: Dealers Acting as Primary Buyers or prior to the sale to such dealer, whichever action occurs first.

(b) All market bound shellfish and shellstock shall be washed with either potable water or seawater from the growing area where the shellfish and shellstock was harvested from or from another growing area with the same classification and in the open status.

(c) It shall be unlawful to wash market bound shellfish or shellstock with seawater taken from:

1. a growing area classified as Prohibited;

2. a growing area classified as Restricted, Conditionally Restricted, Conditionally Approved or Approved while in a closed status; or

3. a growing area with a classification and status other than the growing area where harvested.

(5)Icing of Shellfish.

(a)Restrictions on the Source of Ice Used in the Post-harvest Icing of Shellfish. Except as provided at 322 CMR 16.04(5)(b), it shall be unlawful for any commercial fisher to ice shellstock with ice obtained from any source other than an approved standard source of ice.

(b)Exceptions. Subject to the conditions in 322 CMR 16.04(5)(b)1., a commercial fisher may ice shellstock with ice obtained from sources other than an approved standard source of ice.

1.Potable Water Source. Ice shall be made from a potable water source that meets the drinking water quality standards in the Massachusetts Department of Environmental Protection's regulations at 310 CMR 22.00: Drinking Water.

a.Municipal Drinking Water Sources. Compliance with drinking water quality standards at 310 CMR 22.00: Drinking Water shall be documented through annual water quality reports or other data or information from the municipal public water supplier.

b.Non-municipal Water Sources. Compliance with drinking water quality standards at 310 CMR 22.00: Drinking Water shall be documented by proof of water quality testing completed within the previous six months by a laboratory certified by the Massachusetts Department of Environmental Protection or the U.S. Environmental Protection Agency to perform drinking water analyses in accordance with standard water quality testing methods.

2.Ice Machines and Ice Makers.

a. Schematics for ice machines or makers shall be maintained that demonstrate adequate protection from backflow or back-siphonage; adequate air gaps in all drain pipes; food grade fittings and hosing; and adequate protection from water supply reservoirs.

b. Ice machines and ice makers, including all bins, nozzles and enclosed components, shall be cleaned at the frequency specified by the manufacturer, or absent manufacturer specifications, at a frequency necessary to preclude the accumulation of soil or mold.

c. A sanitation log shall be maintained that includes information on the dates and times the ice machine or ice maker was cleaned and the initials of the individual who conducted the cleaning.

3. All documents and records required to be maintained pursuant to 322 CMR 16.04 shall be made available upon request by either the Division or the Massachusetts Environmental Police. Failure to produce such documents and records upon request shall be prima facie evidence of a violation of 322 CMR 16.04(5).

(6)Commercial Harvest and Sale of Shellfish and Shellstock.

(a) Commercial fisher shall sell shellfish only to a Massachusetts wholesale dealer with a primary buyer endorsement for shellfish, permitted in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01(2): Commercial Fishing Permits and 322 CMR 7.07: Dealers Acting as Primary Buyers.

(b) Commercial fisher shall not handle or store shellfish at a facility that has not been authorized by Public Health or municipal Boards of Health prior to the sale of the shellfish to a wholesale dealer. The sale of shellfish between a commercial fisher and a wholesale dealer shall occur at the landing site, the wholesale dealer's facility, or at a municipally managed site approved by the Director.

(c) Commercial fisher shall deliver shellfish to a Massachusetts wholesale dealer on the same calendar day the shellfish was harvested. During the period of May 1^st through October 31^st, all shellstock shall be sold to a wholesale dealer within 18 hours of the harvest of the shellstock, unless they are surf clams or ocean quahogs intended for thermal processing only.

(d) Except if otherwise authorized by state law or regulation, it shall be unlawful for any commercial fisher to harvest shellfish from one half hour after sunset to one half hour before sunrise.

(7)Exemptions. The provisions of 322 CMR 16.04 shall not apply to the commercial harvest, handling or transportation of moderately contaminated shellfish conducted in accordance with 322 CMR 10.00: Management of Moderately Contaminated Shellfish.