Fla. Admin. Code R. 5L-1.007

Current through Reg. 50, No. 253; December 31, 2024

Section 5L-1.007 - Container Identification; Prohibitions

(1) Shucked shellfish container - The packer's or repacker's shellfish processing certification number preceded by the state abbreviation must be embossed, imprinted, lithographed, or otherwise permanently and legibly recorded on the external body of containers or on the lid if the lid becomes an integral part of the container during the sealing process (Example: FL-872-SP). Containers shall permanently indicate type of product, quantity, and name and address of packer, repacker, or distributor.

(a) Each container of fresh, fresh frozen, or previously frozen shellfish, with a capacity of less than 64 ounces, shall clearly and permanently display the words "Sell By" followed by the date when the processor determines the product will reach the end of its shelf life. The date shall consist of the numerical month, and day. For fresh frozen or previously frozen shellfish, the last digit of the year shall be added to the date.

(b) Each container of fresh, fresh frozen, or previously frozen shellfish with a capacity of 64 ounces or more, shall clearly and permanently display "Date Shucked" followed by the shuck date. The date shall consist of the numerical month, day, and year.

(c) Bulk storage containers shall be identified with state of origin, harvest date, and shuck date.

(d) Previously frozen shucked shellfish shall also be labeled "previously frozen" and display the freeze date and the thaw date by numerical month, day, and year.

(e) Repacked shellfish containers shall also bear an appropriate code identifying the original packer. For restricted use shellstock, the shucked shellfish container may be identified with the language "FOR POST HARVEST PROCESSING ONLY."

(2) Shellstock containers. Each commercial harvester or each shellfish processor shall affix a durable, waterproof tag of minimal size - 2 5/8 by 5 1/4 inches - to each container of shellstock; for commercial harvesters this shall be done prior to leaving the harvest location, regardless of capacity of container; for certified shellfish processors this shall be done after final packing. The harvester's tag must be removed from each container and replaced with a processor's tag prior to being shipped. The removed harvester's tag must be kept in processor's file for 90 days. In the case where a certified shellfish processor is also the harvester, that processor's tag may also be used as the harvester's tag. In these cases, the processor must ensure all harvester's tag information is included on the tag.

(3) The commercial harvester's tags shall be white in color except as required in paragraph 5L-1.007(3)(i), F.A.C. Before leaving the specific shellfish harvesting area from which the product was harvested, commercial harvester's tags shall be attached and contain legible waterproof indelible information required by paragraphs 5L-1.007(3)(a) -(i), F.A.C., arranged in the specific order as follows:

(a) The harvester's saltwater product license number or Aquaculture Certificate of Registration number;

(b) The date of harvest;

(c) The time of harvest (recorded as the time when the first shellfish is removed from the water for that specific bag or container);

(d) The time of refrigeration, if applicable;

(e) The identification of the harvest area using the four digit area number or name of the harvest area listed in subsection 5L-1.003(11), F.A.C., as well as the most precise identification within that area as practicable. Aquaculture product must also include the aquaculture lease or pracel number;

(f) Common name of shellfish and quantity of shellfish;

(g) The following statement in bold capitalized type "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS."

(h) The identification of the cooling option if used, including onboard cooling option (subsection 5L-1.008(9), F.A.C.), or rapid cooling option (subsection 5L-1.008(10), F.A.C.) for oysters harvested during the months of April through October.

(i) If shellstock exceeds the requirements in subsections 5L-1.008(7), (9) or (10), F.A.C., the commercial oyster harvester tag shall be identified with the preprinted language "FOR SHUCKING ONLY BY A CERTIFIED FACILITY" or "FOR POST HARVEST PROCESSING ONLY" in bold, 14 point font and the tag shall be green in color. Containers of oysters shall not be tagged with both a green tag and a white tag at any time.

(4) Bulk tagging by harvesters is allowed only for aquaculturists operating with an Aquaculture Certificate of Registration. A bulk tag, shall contain the information required in paragraphs 5L-1.007(3)(a) -(h), F.A.C., along with:

(a) The name of the certified shellfish facility in which the product is consigned;

(b) The statement "All shellfish containers in this lot have the same date and area of harvest"; and,

(c) The number of units in the lot container.

(5) The certified facility's tag shall contain legible, waterproof, indelible information arranged in the specific order as follows:

(a) The shellfish shipper, shucker-packer, repacker, depurator, or distributors name, address, processing facility certification number;

(b) The original shipper's certification number including the state abbreviation;

(c) The date of harvest;

(d) The identification of the harvest area, and for Florida harvest areas the four digit code or name of the harvest area found in paragraph (3)(e) above;

(e) The common name of shellfish and quantity of shellfish;

(f) All oyster shellstock tags must clearly and permanently display the words "Sell By" followed by a date when the processor determines the product will reach the end of its shelf life. The sell by date shall consist of the numerical month, day, and year; and,

(g) The following statements in bold capitalized type "This tag is required to be attached until container is empty and thereafter kept on file in chronological order for 90 days " and "Retailer: date when the last shellfish from this container sold or served."

(h) If shellstock exceeds the requirements in subsection 5L-1.008(5), (7), or (8), F.A.C., the shellstock processor tag shall be identified as restricted use shellstock with the preprinted language "FOR SHUCKING ONLY BY A CERTIFIED FACILITY" or "FOR POST HARVEST PROCESSING ONLY" in bold, 14 point font and the tag shall be green in color.

(i) For depuration shellstock, paragraphs (5)(a), (d), (e), (f) and (g), above, are required as well as the date of depuration processing, and the depuration cycle or lot number.

(j) For shellstock wet stored, paragraphs (5)(a) through (h), above, as well as the following statement: "This product was wet stored on or at (Lease # or Facility certification number) from (date) to (date)."

(6) Bulk tagging by a certified shellfish facility while washing, packing, during depuration, wet storing, staging and intrastate transport of shellfish, is permissible up to final packaging only when the lot container (i.e., pallet), contains shellfish which are harvested on the same day, from the same harvest area. A bulk processor tag shall contain the information required in paragraphs 5L-1.007(5)(a) -(f), F.A.C.; along with:

(a) The statement "All shellfish containers in this lot have the same date and area of harvest";

(b) The number of units in the lot container; and,

(c) The following statement in bold capitalized type "This tag is required to be attached until container is empty and thereafter kept on file for 90 days."

(7) Shellfish identification, out-of-state - No shellfish from sources outside of Florida shall be brought into the state for purpose of resale or public distribution unless the product bears evidence of certification from the state or nation of origin and certification is based on requirements similar to those outlined in this chapter.

(8) In addition to the identification and labeling requirements of subsections (1) and (2), containers of fresh, frozen, previously frozen or repacked shellfish or containers of shellstock must indicate the state of origin of the shellfish, e.g., LA, MS, TX. For shellstock this requirement can be by paragraphs (5)(a) and (b), above.

(9) Shellstock and shucked shellfish containers shall be labeled with the following statements:

(a) "Consumer information there is a risk associated with consuming raw shellfish. If you have chronic illness of the liver, stomach or blood or have immune disorders, you are at greater risk of serious illness from raw shellfish and should eat shellfish fully cooked. If unsure of your risk, consult a physician."; and,

(b) "Keep Refrigerated".

(10) It shall be unlawful for any person, firm, corporation, wholesale or retailer to sell or offer for sale any fresh, frozen, or previously frozen shellfish not in compliance with any and all requirements of rule Chapter 5L-1, F.A.C.

(11) Whoever knowingly or willfully alters or damages in any manner, or loans or transfers to another person any certification number or shellfish tags, or any person who uses the certification number or shellfish tags, other than the person to whom they were issued, shall be in violation of this section and shall be subject to certification suspension or revocation in addition to any other penalty for violation of rule Chapter 5L-1, F.A.C.

Fla. Admin. Code Ann. R. 5L-1.007

Rulemaking Authority 379.2522, 597.020 FS. Law Implemented 379.2522, 597.020 FS.

New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, 8-30-89, 5-6-93, 9-14-93, 8-21-94, Formerly 16R-7.010, Amended 9-1-95, 5-8-96, 2-6-97, 10-12-97, 2-12-98, 2-25-98, 7-1-98, 11-13-98, 12-28-98, 3-18-99, 7-1-99, Formerly 62R-7.010, Amended 6-19-00, 8-9-00, 10-14-01, 5-29-02, 8-17-04, 9-28-04, 7-28-08, 7-29-08, 4-26-10, 8-31-11, Amended by Florida Register Volume 43, Number 045, March 7, 2017 effective 3/23/2017, Amended by Florida Register Volume 45, Number 079, April 23, 2019 effective 5/7/2019, Amended by Florida Register Volume 49, Number 002, January 4, 2023 effective 1/18/2023.