S.C. Code Regs. § § 61-47.G

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

Section 61-47.G - CERTIFICATION AND PERMITTING PROCEDURES

1. General.

(a) It shall be unlawful for any person to shuck, pack, repack, depurate, transport in interstate commerce, or purchase from harvesters or growers, shellfish, who does not possess the appropriate valid certified shipper certificate issued by the Department or other appropriate state shellfish control authority. This item shall not be construed to prevent the transport of non-adulterated shellfish products by common carriers in the hire of a certified shipper, provided shellfish products shall be transported and handled in accordance with applicable provisions of this Regulation.

(b) Certified shipper certificates shall be of the following types:

(1) Shucker-Packer;

(2) Repacker;

(3) Shellstock Shipper;

(4) Reshipper;

(5) Depuration Processor.

(c) It shall be unlawful for any person to sell, offer for sale, distribute for financial consideration, or market shellfish for any purpose related to human consumption that have not been processed by a certified shipper.

(d) Nothing in this section shall be construed to prevent the intrastate distribution or sale of shellfish products for human consumption by persons not possessing a certified shipper certificate issued by the Department, provided, however, that it shall be unlawful for any person who has not been issued a valid certified shipper certificate to:

(1) Sell or offer for sale any shellfish that have not been obtained from a certified shipper;

(2) Sell or offer for sale any shellfish in non-original packaging, and without original tags or labels as affixed by the certified shipper from which the shellfish were obtained, provided, however, that this item shall not apply to persons possessing a valid operating permit issued under authority of South Carolina R.61-25 Retail Food Establishments, provided shellfish have been obtained from a certified shipper;

(3) Transport or store shellfish offered or intended for sale in vehicles that are not constructed, operated, and maintained to prevent contamination and deterioration of shellfish;

(4) Sell or offer for sale adulterated shellfish;

(5) Sell or re-distribute shellfish to certified shippers.

(e) It shall be unlawful for any person to relay, construct or operate a wet storage facility, construct or operate an aquaculture facility, construct a depuration facility, or harvest for depuration who does not possess the appropriate valid permit issued by the Department. Permits shall be of the following types:

(1) Relaying Permit;

(2) Wet Storage Facility Operating Permit;

(3) Wet Storage Facility Construction Permit;

(4) Depuration Harvest Permit;

(5) Depuration Facility Construction Permit;

(6) Aquaculture Facility Construction Permit;

(7) Aquaculture Facility Operating Permit.

2. Application Requirements.

(a) Application for certificates and permits shall be made on forms provided by the Department. Application forms may be obtained by contacting the S.C. Department of Health and Environmental Control, Environmental Quality Control Bureau of Water, 2600 Bull St., Columbia, S.C. 29201.

(b) A construction permit shall be required prior to the construction, expansion, or modification of any depuration, land-based aquaculture, or land-based wet storage facility. Issuance of a valid construction permit shall be required prior to issuance of the associated operating permit.

(c) Application for any activity requiring a construction permit shall include a written operations plan, including construction and site plan, detailing the scope and extent of the proposed construction and associated activity.

(d) Application for aquaculture and wet storage operating permits shall include a written operations plan detailing the scope and extent of the proposed operation.

(e) Application for certification as a depuration processor shall include a scheduled depuration process (operations plan and manual).

(f) Certificates and permits shall be non-transferable.

(g) Certificates and permits, unless otherwise specified, shall expire on June 30 of each year.

(h) Only persons who comply with the requirements of this Regulation shall be entitled to receive and retain a certificate or permit.

3. Issuance of Certificates and Permits.

(a) Certified Shipper Certificates.

(1) Upon receipt of a completed application package, including any required operations plan, the Department shall make comprehensive onsite inspections of the proposed certified shipper facility/operation as may be necessary to determine compliance with the applicable provisions of this Regulation. Inspections shall be conducted within the one hundred twenty (120) day period immediately prior to the issuance or renewal of the certification. Certification shall be issued only for facilities that meet the following requirements:

(a) Have a Hazard Analysis Critical Control Point (HACCP) plan accepted by the Authority;

(b) During inspection for certification, have no critical deficiencies (see section H.);

(c) During inspection for certification, have no more than two key deficiencies (see section H.);

(d) During inspection for certification, have no more than three other deficiencies (see section H.).

(2) The inspection report recommending initial certification shall include a compliance schedule to correct any key or other deficiencies not corrected by the dealer during the inspection.

(b) Construction and Operating Permits.

(1) Upon receipt of a completed application package, including any required written operations plan, the Department shall, as necessary, make comprehensive onsite inspections of the proposed facility or activity to determine compliance with the applicable provisions of this Regulation.

(2) Permits shall be issued only for facilities and activities meeting applicable requirements of this Regulation.

(3) Any operations plan accepted by the Department in conjunction with the issuance of a construction or operating permit shall not be modified without Department authorization.

S.C. Code Regs. § 61-47.G