Current through Reg. 50, No. 187; September 24, 2024
(1)
A shellfish processing certification is required to operate any shellfish
processing facility.
(2) It is the
intent of the Department to establish regulations and specifications to be
known as the "Comprehensive Shellfish Control Code", relating to sanitary
practices for the catching, handling, relaying, depuration, packaging,
preserving and storing of shellfish products.
(3) The Department, as a participant in the
Interstate Shellfish Sanitation Conference, recognizes and endorses the
following principles:
(a) Shellfish are a
renewable, manageable natural and aquacultured resource of significant economic
value to many coastal communities, and should be managed as carefully as are
other natural resources such as forests, water, and agricultural
lands.
(b) Shellfish culture and
harvesting represents a beneficial use of water in the estuaries. This use
should be recognized by local, state and federal agencies in planning and
carrying out pollution prevention and abatement programs and in comprehensive
planning for the use of these areas.
(c) The goals of the Interstate Shellfish
Sanitation Conference are:
1. The continued
safe use of this natural and aquacultured resource; and,
2. Active encouragement of water quality
programs which will preserve all possible coastal areas for this beneficial
use.
(4) The
Department recognizes that the shellfish industry is subject to change as
technological data becomes available; accordingly, it is the intent of the
Department that the Comprehensive Shellfish Control Code be revised as
necessary so that the technological data and industrial practices contained
therein shall be consistent with good health and safety practices.
(5) The enforcement of the provisions of this
code by the Department shall be coordinated with and be in conjunction with any
and all other state, local and federal agencies exercising jurisdiction over
the sanitary practices of the shellfish industry.
(6) Adoption of Federal Regulations and
Standards - To the extent not inconsistent with the rules herein, the following
are hereby incorporated and adopted. The documents are available online as
indicated.
(a) The following parts of Title
21, Code of Federal Regulations:
1. Part 7 -
Enforcement Policy, revised as of April 1, 2018,
http://www.flrules.org/Gateway/reference.asp?No=Ref-10360;
2. Part 101 - Food Labeling, revised as of
April 1, 2017,
http://www.flrules.org/Gateway/reference.asp?No=Ref-10361;
3. Part 109 - Unavoidable Contaminants in
Food for Human Consumption and Food-Packaging Material, revised as of April 1,
2017,
http://www.flrules.org/Gateway/reference.asp?No=Ref-10362;
4. Part 110 - Current Good Manufacturing
Practice in Manufacturing, Packing, or Holding Human Food, revised as of April
1, 2017,
http://www.flrules.org/Gateway/reference.asp?No=Ref-10363;
5. Part 117 - Current Good manufacturing
Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food,
Revised as of April 1, 2017,
http://www.flrules.org/Gateway/reference.asp?No=Ref-10364;
6. Part 123 - Fish and Fishery Products,
revised as of April 1, 2017,
http://www.flrules.org/Gateway/reference.asp?No=Ref-10365;
7. Part 161 - Fish and Shellfish, revised as
of April 1, 2017,
http://www.flrules.org/Gateway/reference.asp?No=Ref-10366;
8. Part 509 - Unavoidable Contaminants in
Animal Food and Food-Packaging Material, revised as of April 1, 2018,
http://www.flrules.org/Gateway/reference.asp?No=Ref-10367.
(b) Title 40, Part 141, Section 141.2, Code
of Federal Regulations, revised as of July 1, 2017,
http://www.flrules.org/Gateway/reference.asp?No=Ref-10368.
(c) The Purpose, the Definitions, and
Chapters 1 through 13, and 15 through 16 of the "Model Ordinance" of the
National Shellfish Sanitation Program (NSSP), Guide for the Control of
Molluscan Shellfish, 2019 Revision, herein adopted and incorporated by
reference are available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15068.
Except for:
1. Definition number (16)(d)
Reshipper; and,
2. Definition
number (101) Reshipper.
Rulemaking Authority 597.020 FS. Law Implemented 597.020
FS.
New 1-4-87, Amended 8-10-88, 7-9-89, 11-5-92, Formerly
16R-7.001, Amended 7-3-95, 2-6-97, 6-23-99, Formerly 62R-7.001, Amended 8-9-00,
5-29-02, 4-26-10, 3-23-17, 5-7-19,
1-18-23.
