S.C. Code Regs. § § 61-47.C

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-47.C - HARVESTING, HANDLING, AND TRANSPORTATION OF SHELLFISH

1. Harvesting.

(a) Harvesting of Shellfish from Closed Waters. It shall be unlawful to harvest, remove, take, buy, sell, offer for sale, or possess shellfish from areas closed by the Department. This Section shall not be construed to prevent harvesting as permitted by the Department.

(b) Harvesting Vessels. It shall be unlawful for any person engaged in commercial shellfish activities to harvest, handle, or transport shellstock in a vessel that has not been constructed, operated, and maintained to prevent contamination, deterioration, and decomposition of the shellstock.

(1) Decks and storage bins shall be constructed and located to prevent bilge water, fuel, oil, or polluted overboard water from coming into contact with the shellstock;

(2) Bilge pump discharges shall be located so that the discharge shall not contaminate shellstock;

(3) Containers used for storing shellstock shall be clean and fabricated from safe materials;

(4) Decks and storage bins used in the harvest or transport of shellstock for direct marketing shall be provided with effective drainage and kept clean with potable water or with water from a growing area in the open status;

(5) All vessels and equipment coming in contact with shellstock during handling or transport for relaying or depuration shall be thoroughly cleaned before the boat and equipment are used to transport or handle shellfish for direct marketing;

(6) Coverings shall be provided on unattended vessels to protect shellstock from exposure to hot sun, birds, and other adverse conditions.

(c) Identification of Shellstock During Harvest.

(1) Commercial harvesters shall affix a harvest identification tag to containers of shellstock prior to removal of the shellstock from the area in which it was harvested. Harvest identification tags shall:

(a) Be prominently labeled "Harvest Tag";

(b) Be durable and waterproof;

(c) Be at least 13.8 square inches in size;

(d) Contain the following accurate, indelible and legible information:

(1) Harvester's commercial saltwater fishing license number, as issued by the South Carolina Department of Natural Resources;

(2) Date and harvest start time;

(3) Harvest area;

(4) Name and certificate number of the certified shipper to whom the shellfish are being delivered;

(5) Type and quantity of shellstock.

(e) Not be altered in any manner.

(2) When shellstock are harvested from more than one harvest area on any single harvest day, each container of shellstock shall be tagged with an individual harvest identification tag.

(3) When shellstock are harvested from a single harvest area on a single day, multiple containers of shellstock may be held on a wrapped pallet, in a tub or tote, in a net brailer, or in other types of holding units, provided each individual wrapped pallet, tub or tote, net brailer, or other holding unit shall be tagged with a harvest identification tag meeting all requirements included in item C.1. (c)(1).

(4) When shellstock are harvested from a single harvest area on a single day, and a harvest vessel utilizes open decks or holds, tubs or totes, or other similar large-capacity holding units for the transport of loose, bulk shellstock, the vessel may utilize a single harvest identification tag. This tag shall be affixed to the vessel.

(5) In addition to the requirements of item C.1. (c)(1), a harvest identification tag used for tagging a holding unit shall include the following statement; "All shellstock containers in this lot have the same harvest date and area of harvest".

(6) In addition to the requirements of item C.1. (c)(1) and item C.1. (c)(5), a harvest identification tag used to identify a holding unit shall include documentation of the number of individual containers in the unit.

(d) Disposal of Body Waste.

(1) No person shall discharge untreated human fecal waste into any shellfish growing area.

(2) An approved marine sanitation device (MSD) or portable toilet shall be required on any commercial shellfish harvest vessel utilizing mechanical harvesting equipment. Use of other receptacles for sewage disposal may be allowed by the Department if the receptacles are:

(a) Constructed of impervious, cleanable materials and have tight fitting lids; and

(b) Used only for the purpose intended;

(c) Secured while on board and located, operated, and maintained to prevent contamination of shellstock by spillage or leakage.

(e) Prior to licensing each certified shipper shall obtain Department approved training annually.

(f) Harvesters shall complete Department approved training annually. The certified shippers shall only receive shellstock from harvesters who have completed Department approved training annually.

2. Handling.

(a) Shellstock shall be protected from contamination at all times.

(b) Shellstock Temperature Control.

(1) Shellstock Temperature Control is the management of the internal temperature of shellstock by means of ice, mechanical refrigeration or other approved means which is capable of lowering the temperature of the shellstock and will maintain shellstock at fifty (50) degrees Fahrenheit (ten (10) degrees Centigrade) or less. Ice must be from a Department approved source.

(2) Within two (2) hours of receiving shellstock from a harvester, certified shippers shall implement procedures to control shellstock temperature as described in item C.2.(b)(1). For purposes of this item, shellstock shall be considered received when the shellstock are located in any portion of a certified shipper facility. Nothing in this item shall be construed to increase the maximum allowable time period for shellstock temperature control.

(c) Shellstock harvested during months that do not require additional temperature controls shall be placed under temperature control by the receiving certified shipper within eighteen (18) hours from the time of harvest.

(d) Months that do require additional temperature controls will be designated in the latest version of the South Carolina Vibrio Control Plan, which is updated annually in accordance with the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.

(e) Shellstock harvested during months that do require additional temperature controls shall be limited to clams as described in item C.2.(e)(1) and maricultured triploid oysters and shall be managed as follows:

(1) Clams shall be under temperature control by the receiving certified shipper within twelve (12) hours from the time of harvest or may be tempered for a longer period of time using a Department approved tempering plan. For the purpose of this item, clams means the species Mercenaria mercenaria, unless otherwise approved by the Department.

(2) Harvesters shall only harvest maricultured triploid oysters submerged for a minimum of 14 days prior to harvest. The certified shipper shall place the triploid oysters under temperature controls sufficient to reach an internal temperature of fifty (50) degrees Fahrenheit (ten (10) degrees Centigrade) or less within two (2) hours from the time the triploid oysters are received by the certified shipper. For purposes of this item, triploid oysters shall be considered received by the certified shipper when the triploid oysters are located in any portion of a certified shipper facility. The time from harvest to receipt by a certified shipper shall be managed as follows:

(a) The certified shipper shall only receive triploid oysters harvested on the same calendar day. The certified shipper shall not receive triploid oysters after 10:00 A.M. unless the triploid oysters are iced or mechanically refrigerated as described in item C.2.(e)(2)(c).

(b) For triploid oysters received by the certified shipper after 10:00 AM, the certified shipper shall only receive triploid oysters that are:

(i) within 4 hours from the start of harvest; and

(ii) completely covered by ice or mechanically refrigerated at an ambient air temperature of forty-five (45) degrees Fahrenheit (seven (7) degrees Centigrade) or less.

(c) The harvester shall only deliver triploid oysters harvested on the same calendar day to a certified shipper. For triploid oysters received by the certified shipper after 10:00 AM, the harvester shall place triploid oysters into cooling immediately after harvesting by completely covering the triploid oysters with ice or by mechanical refrigeration maintained at an ambient air temperature of forty-five (45) degrees Fahrenheit (seven (7) degrees Centigrade) or less. After being placed into cooling, the harvester shall keep the triploid oysters in cooling continuously until received by the certified shipper. The harvester shall follow the procedures for cooling and maintaining continuous cooling for the triploid oysters that are included in the operational plan required in item O.6. The harvester shall use ice from a Department approved source.

(d) It shall be unlawful for a certified shipper to receive at their facility oysters harvested from South Carolina waters during the months that require additional controls that have not been maricultured and harvested and handled in compliance with the requirements of item C.2.(e)(2)(a)(b) and (c). Certified shippers that choose to receive and distribute oysters harvested from South Carolina waters during the months that require additional controls must incorporate into their HACCP plan additional receiving controls to ensure the triploid oysters being received and distributed have been maricultured and harvested and handled in compliance with the requirements of item C.2.(e)(2)(a)(b) and (c).

(f) Temperature control requirements for confirmed illnesses.

(1) In the event a growing area or portion of a growing area is confirmed as the original source of product associated with two (2) or more Vibrio vulnificus illnesses within the past (10) years, the maximum hours to temperature control for shellfish shall, upon notice provided by the Department, be in accordance with the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance, VIII. Control of Shellfish Harvesting. Shellfish not meeting times and temperature controls may, with Department approval, be diverted to post-harvest processing as defined in this regulation or be deemed adulterated.

(2) In the event a growing area or portion of a growing area is confirmed as the original source of product associated with two (2) or more Vibrio parahaemolyticus illnesses within the past five (5) years, the maximum hours to temperature control for shellfish shall, upon notice provided by the Department, be in accordance with the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance, VIII. Control of Shellfish Harvesting. Shellfish not meeting times and temperature controls may, with Department approval, be diverted to post-harvest processing as defined in this regulation or be deemed adulterated.

(g) Identification of Shellstock in the Marketplace.

(1) When at the facilities of a certified shipper, unless certified as a reshipper (RS), shellstock shall be tagged in accordance with the provisions of item C.1.(c) or item C.2.(d)(2) at all times.

(2) Shellstock distributed or offered for sale within the State shall be identified with tags that are:

(a) Labeled as "Sale Tag";

(b) Durable and waterproof;

(c) At least 13.8 square inches (89.03cm2) in size;

(d) Legible and indelible, and contains accurate, unaltered information in the order specified below:

(1) The dealer's name and address;

(2) The dealer's certification number as assigned by the Authority;

(3) The original shellstock shipper's certification number. If depurated, the original shellstock shipper's certification number is not required;

(4) The date and, when shellstock have been harvested in South Carolina, the time of harvest shall be included. All depurated shellstock shall include the date and time of depuration processing;

(5) If depurated, the depuration cycle number or lot number;

(6) The most precise identification of the harvest location as is practicable including the initials of the state of harvest, and the Authority's designation of the growing area by indexing, administrative or geographic designation. If the Authority has not indexed growing areas, then an appropriate geographical or administrative designation must be used (e.g. Long Bay, Decadent County, lease number, bed, or lot number);

(7) When the shellstock has been transported across state lines and placed in wet storage in a dealer's operation, the statement: "THIS PRODUCT IS A PRODUCT OF (NAME OF STATE) AND WAS WET STORED AT (FACILITY CERTIFICATION NUMBER) FROM (DATE) TO (DATE)";

(8) The type and quantity of shellstock;

(9) The following statement in bold capitalized type on each tag: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS.";

(10) All shellstock intended for raw consumption shall include a consumer advisory. The following statement, based upon guidance provided in Section 3-603.11 of the United States Food and Drug Administration 2013 Food Code (Copies can be obtained through the U.S. Food and Drug Administration or the S.C. Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC 29201.), or an equivalent statement, shall be included on all shellstock: "RETAILERS, INFORM YOUR CUSTOMERS: Consuming raw or undercooked meats, poultry, seafood, shellfish or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.";

(11) The statement "Keep Refrigerated" or an equivalent statement.

(h) Shucked Shellfish Temperature Control. Shucked shellfish shall be stored and maintained in accordance with the following:

(1) Within two (2) hours of shucking, shucked shellfish shall be stored and maintained at temperatures of forty-five (45) degrees Fahrenheit or below;

(2) Frozen shucked shellfish shall be stored and maintained at temperatures of zero (0) degrees Fahrenheit or below.

(i) Shucked Shellfish Labeling. Prior to sale or distribution, each individual container of shucked shellfish shall be labeled as follows:

(1) The shucker-packer's or repacker's certification number shall be displayed on the label of each package of shucked shellfish;

(2) Packages containing less than sixty-four (64) fluid ounces shall include:

(a) The words "SELL BY" or "BEST IF USED BY" followed by a reasonable date when the product would be expected to reach the end of its shelf life;

(b) The date as a month and day of the month; and

(c) For fresh frozen shellfish, the year shall be added to the date.

(3) Packages containing sixty-four (64) fluid ounces or more shall be labeled in the following manner:

(a) The words "DATE SHUCKED" followed by the date shucked located on both the lid and sidewall or bottom of the container;

(b) The date shall consist of either the abbreviation for the month and number of the day of the month or in Julian format (YDDD), the last digit of the four digit year and the three digit number corresponding the day of the year; and

(c) For fresh frozen shellfish, the year shall be added to the date (for non-Julian format).

(4) Frozen shucked shellfish shall be labeled as frozen in type-size of equal prominence to the type of shellfish;

(5) Repacked shellfish shall:

(a) Include the original date of shucking on packages of sixty-four (64) fluid ounces or more;

(b) Use the original date of shucking to establish the "Sell By Date" on packages containing less than sixty-four (64) fluid ounces;

(c) If thawed for repacking, be labeled as previously frozen.

3. Transportation.

(a) Shellfish in transportation shall be protected from contamination at all times.

(b) Vehicles used to transport shellfish shall be constructed, operated, and maintained to prevent contamination, deterioration, and decomposition of shellfish. Shellfish transported in unenclosed vehicles shall at all times be protected by effective coverings, provided, however, that this requirement shall not apply to an occupied vessel during shellstock harvest and delivery by water route to a certified shipper.

(c) Commercial shellstock shipments, intended or offered for human consumption shall:

(1) Include a Bill of Sale; and

(2) Be properly identified or labeled in accordance with this regulation; and

(3) Be transported in accordance with the following protocols:

(a) When shipping time is no more than four (4) hours:

(1) Shellstock shall be alive and transported under mechanical refrigeration, equipped with automatic controls, at ambient air temperatures of forty-five (45) degrees Fahrenheit or less; or

(2) Shellstock shall be alive and transported using ice; and

(3) Shellstock shall be cooled to an internal shellstock body temperature of fifty (50) degrees Fahrenheit or less.

(b) When shipping time is greater than four (4) hours:

(1) Shellstock shall be alive and transported under mechanical refrigeration, equipped with automatic controls, at ambient air temperatures of forty-five (45) degrees Fahrenheit or less; or

(2) Shellstock shall be shipped in containers having an internal ambient air temperature of forty-five (45) degrees Fahrenheit or less; and

(3) Shellstock shall be shipped alive and cooled to an internal shellstock body temperature of fifty (50) degrees Fahrenheit or less.

(4) Nothing in item C.3.(c)(3) shall be construed to make unlawful the intrastate shipment of shellstock harvested from within the State provided such shellstock have not exceeded any maximum allowable time period for temperature control as established by item C.2.(c) and C.2.(e).

(5) Shipments must include a time-temperature recording device when shipping from one certified shipper to another certified shipper.

(d) Commercial shipments of non-frozen shucked or post harvest processed shellfish shall:

(1) Include a Bill of Sale; and

(2) Be properly identified in accordance with this regulation; and

(3) Be transported in accordance with the following temperature protocols:

(a) When shipping time is no more than four (4) hours:

(1) Non-frozen shucked or post-harvest processed shellfish shall be transported under mechanical refrigeration, equipped with automatic controls, at ambient air temperatures or forty-five (45) degrees Fahrenheit or less; or

(2) Transported well iced; and

(3) Be cooled to an internal temperature of forty-five (45) degrees Fahrenheit or less.

(b) When shipping time is greater than four (4) hours:

(1) Non-frozen shucked or post-harvest processed shellfish shall be transported under mechanical refrigeration, equipped with automatic controls, at ambient air temperatures of forty-five (45) degrees Fahrenheit or less; or

(2) Non-frozen shucked or post-harvest processed shellfish shall be shipped in containers having an internal ambient air temperature of forty-five (45) degrees Fahrenheit or less; and

(3) Non-frozen shucked or post-harvest processed shellfish shall be cooled to an internal shellstock body temperature of forty-five (45) degrees Fahrenheit or less.

(4) An operative time-temperature indicating device shall accompany each shipment.

(e) Ice used to cool shellfish during transport shall:

(1) Be produced from potable water in a commercial ice machine inspected by the Department; or

(2) Be produced at a facility sanctioned by an appropriate regulatory agency.

(f) Cats, dogs, and other animals shall not be allowed in any part of the truck or other vehicle where shellstock is stored.

(g) Containers used to transport shellstock shall not be constructed, used, or maintained in any manner that would result in product contamination.

S.C. Code Regs. § 61-47.C

Amended byState Register Volume 39, Issue No. 06, eff. 6/26/2015; State Register Volume 41, Issue No. 04, eff. 4/28/2017.