Section 11-35-3 - Shellfish permit The regulations governing the requirements for shellfish certification in their several forms (shucker-packer, shell stock-shipper, reshipper, repacker) in the State of Hawaii shall equal or exceed the requirements set forth by the Food and Drug Administration of the U.S. Department of Health and Human Services, and the National Shellfish Sanitation Program.
(a) No person in the State of Hawaii shall operate a plant or business engaged in growing, harvesting, shucking, packing, repacking, or reshipping fresh or fresh-frozen shellfish for sale to the public for human consumption without a valid permit issued by the department.(b) Applications for permit shall be filed with the department. Each application, if necessary, shall be accompanied with sufficient written data, drawings and descriptions for the department to evaluate the operation relative to the provisions of this chapter.(c) Authority of department to revoke or suspend a permit. (1) Each permit issued pursuant to these regulations may be revoked or suspended by the department in accordance with Chapter 91, HRS, if for any reason the safety of the shellfish as an article of food is not assured or if the standards set forth herein are not met, or if the permit was obtained by misrepresentation, or omission of relevant information.(2) A permit which has been previously denied, revoked or suspended, may be issued, reissued or reinstated, if violations are subsequently cleared or corrected to the satisfaction of the director.(d) A permit issued under these regulations shall be valid for a period not to exceed one year or a portion thereof, with automatic expiration on June 30 of each year. An application for renewal of a permit shall be made on or before June 1. Permits are not transferable.(e) Each permit holder shall notify the department immediately by telephone if there is any report or knowledge of contamination of his shellfish or of suspected illness from consumption of his shellfish. The harvesting, distribution and sale of shellfish shall cease immediately pending review of the safety of the product and approval by the department to resume operations.(f) A person who exports shellfish certified by the department shall be listed on the Interstate Certified Shellfish Shippers List of the U. S. Public, Health Service, Food and Drug Administration.[Eff. SEP 18 1981] (Auth: HRS §§ 321-9, 321-10, 321-11, 328-21) (Imp: HRS §§ 321-11, 328-21)