Current through Reg. 50, No. 187; September 24, 2024
(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.
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, 3-23-17, 5-7-19,
1-18-23.
