Current through Reg. 50, No. 187; September 24, 2024
(1) Wet storage
shall be conducted upon execution of an agreement between a person, firm, or
corporation possessing a shellfish processing certificate and the Department.
Each agreement shall include the following provisions:
(a) The coordinates in Latitude and Longitude
where the facility is to be located.
(b) A description of all facilities and
equipment to be used to wet-store shellfish.
(c) A listing of the species to be
wet-stored.
(d) If the wet storage
facility is to be located upon or in waters of the state, the facility shall be
marked and lighted so as not to be a hazard to navigation.
(e) If the wet storage facility is to be
located on or in waters of the state, and is to be a manned structure, it shall
be equipped with a U.S. Coast Guard approved Type III marine sanitation device;
this device shall be maintained in working order and be used by all personnel
for disposal of bodily wastes.
(f)
All solid wastes shall be removed from the wet storage facility daily and
disposed of in a shore-based receptacle.
(g) No anti-fouling paints or finishes shall
be used on any portion of the wet storage facility.
(h) No shellfish shall be removed from a wet
storage facility when the shellfish harvesting area in which such shellfish are
stored is closed pursuant to Rule
5L-1.003, F.A.C., or because of
emergency conditions as defined by Rule
5L-1.002, F.A.C.
(i) Should maintenance of the wet storage
facility require that the facility be relocated, written notification shall be
provided to the Department, by certified mail, a minimum of 10 working days
prior to such relocation. All shellfish shall be removed from the facility
prior to relocation.
(j) If wet
storage is to be practiced using a shore-based facility, the applicable
provisions of Rules 5L-1.002,
5L-1.010,
5L-1.011,
5L-1.012,
5L-1.013,
5L-1.015, and subsection
5L-1.017(2),
F.A.C., shall apply. All shore-based facilities shall employ ultraviolet light
treatment of all incoming and recirculated seawater. All water quality
measurements required by subsection
5L-1.017(2),
F.A.C., shall be documented and such data retained for inspection by the
Department for a minimum of one year. Paragraphs
5L-1.008(1)(a), (b), (d), (e), (f), (h) and
(i), F.A.C., shall not apply to a shore-based
facility.
(k) The agreement shall
be valid for no more than 1 year from the date it is signed by the
Department.
(2) Boats and
vehicles - Boats and vehicles used in harvesting or transporting shellfish
shall be constructed, operated, and maintained, so as to protect the shellfish
from contamination. Fuel tanks or other sources of contamination shall not be
permitted to come into contact with shellfish. All boats used for commercial
harvesting and handling shellfish shall be designed in such a way to prevent
shellfish from coming in contact with any bilge water. No dogs or other animals
or pets shall be allowed at any time on vessels or vehicles used to harvest or
transport shellfish. No bodily wastes shall be discharged overboard from a
harvest vessel. Shellstock harvested with commercial intent shall be protected
by effective shading on harvest boats and vehicles to protect shellstock from
exposure to sun, birds, and other adverse conditions. Shellfish shall be held
under conditions which allows air circulation and promotes evaporative
cooling.
(3) Boats engaged in
harvesting or transporting shellfish shall have on board an approved Type III
marine sanitation device, portable toilet or other sewage disposal receptacle.
Portable toilets shall:
(a) Be constructed of
high quality plastic that is durable, easy to clean and will not
spill;
(b) Be used only for the
purpose intended;
(c) Be secured
while on board the vessel and located to prevent contamination of shellstock by
spillage or leakage;
(d) Be emptied
only into an appropriate sewage disposal system;
(e) Be cleaned before being returned to the
boat; and,
(f) Not be cleaned with
equipment used for washing or processing food.
(4) Use of other receptacles for sewage
disposal are approved if the receptacles are constructed of impervious,
cleanable materials, have tight fitting lids, and meet the requirements of
paragraphs 5L-1.008(3)(a)
-(e), F.A.C.
(5) Resubmerging or
Replanting.
(a) Aquacultured shellfish are
the only shellfish allowed to be replanted/resubmerged.
(b) Shellfish processors must maintain an
oyster replant log of all replant/resubmerged activities including:
1. Date of initial removal from water at
lease site;
2. Lease
number;
3. Date of
replant;
4. Replant lease
number;
5. Replant location on
lease; and,
6. Replant
Quantity.
(c) Shellfish
processor must provide access to records upon request by the
Department.
(d) All
replanted/resumberged shellfish must be segregated from other shellfish and
clearly identified on the lease.
(e) Replanted/resumberged aquaculture oysters
larger than 25 millimeters (3/4 inch) that are removed from the water during
the course of routine oyster husbandry practices for more than 4 hours during
April through October must be returned to the lease and submerged on an
aquaculture lease for a minimum of 14 days before they can be harvested and
sold to a certified shellfish processing facility. Routine oyster husbandry
practices include the use of suspended grow out containers that maybe
unsubmerged during natural tidal cycles.
(6) Remote buying is prohibited.
(7) A Commercial Harvester may not harvest,
attempt to harvest, possess in or on Florida Waters or sell a wild shellfish
unless they are harvesting pursuant to a valid saltwater products license with
a shellfish endorsement, or Apalachicola Bay oyster harvesting license, issued
by the Fish and Wildlife Conservation Commission.
(8) An aquaculture leaseholder or Authorized
User, or employees thereof, may not operate on an aquaculture lease, or possess
or sell aquacultured shellfish unless in possession of a valid Aquaculture
Certificate of Registration, or a copy of the certificate.
(9) Throughout the year, shellfish shall be
harvested between sunrise and sunset as established by the U.S. Weather
Service. All shellfish shall be delivered, same day of harvest, by the
harvester directly to a certified shellfish processing facility.
(a) Clams:
1. During the months of November, December,
January, February, and March, all clams harvested shall be delivered to a
certified shellfish processing facility and placed under temperature control by
10:00 p.m. of the same day as harvest.
2. During the months of April, May, and
October, all clams harvested shall be delivered to a certified shellfish
processing facility and placed under temperature control within twelve (12)
hours of the time of harvest, or within the same day as harvest, whichever is
earlier.
3. During the months of
June, July, August, and September, all clams harvested shall be delivered to a
certified shellfish processing facility and placed under temperature control
within ten (10) hours of the time of harvest, or within the same day as
harvest, whichever is earlier.
4.
Tempering, as an alternative process, shall consist of those methods which have
demonstrated through verification studies that the process renders hard clams
which are as safe as hard clams meeting subparagraphs
5L-1.008(7)(a)
1.-3., F.A.C. Prior to initiating tempering a certified shellfish facility
shall have written approval from the Department. The certified shellfish
facility must provide the following:
a. A
description of all facilities, equipment and methods to be used in the
alternative process. This process must be included in the facility's HACCP
plan.
b. The source of hard clams
and the maximum capacity of hard clams to undergo the process at any one
time.
c. The process to be followed
shall not exceed 16 hours total time between hard clam harvest and
refrigeration at 45º F or less. Product harvest, processing, tempering and
food storage at 45º F or less must be scheduled to occur as a continuous
procedure.
d. Upon initiation, the
tempering process must have temperature control of 68°F or less and be
maintained until hard clams are placed into refrigeration of 45º F or
less.
(b)
Oysters:
1. Non-Vibrio Control months include
November, December, January, February and March.
2. Vibrio Control months include April, May,
June, July, August, September and October.
3. During the months of November, December,
January, February, and March, all oysters harvested shall be delivered to a
certified shellfish processing facility and placed under mechanical
refrigeration by 5:00 p.m. of the same day as harvest.
4. During the month of April, all oysters
harvested shall be delivered to a certified shellfish processing facility and
placed under mechanical refrigeration by 11:00 a.m. of the same day of harvest
unless the harvester is identified in the certified shellfish processing
facility's HACCP plan for the onboard cooling option detailed in subsection
5L-1.008(9),
F.A.C., or the certified shellfish processing facility is authorized for the
rapid cooling option detailed in subsection
5L-1.008(10),
F.A.C.
5. During the months of May,
June, July, August, and September, all oysters harvested shall be tagged as
"FOR SHUCKING ONLY BY A CERTIFIED FACILITY" or "FOR POST HARVEST PROCESSING
ONLY" and delivered to a certified shellfish processing facility and placed
under mechanical refrigeration by 4:00 p.m. of the same day of harvest unless
the harvester is identified in the certified shellfish processing facility's
HACCP plan for the onboard cooling option detailed in subsection
5L-1.008(9),
F.A.C., or the certified shellfish processing facility is authorized for the
rapid cooling option detailed in subsection
5L-1.008(10),
F.A.C.
6. During the month of
October, all oysters harvested shall be delivered to a certified shellfish
processing facility and placed under mechanical refrigeration by 11:00 a.m.
unless the harvester is identified in the certified shellfish processing
facility's HACCP plan for the onboard cooling option detailed in subsection
5L-1.008(9),
F.A.C., or the certified shellfish processing facility is authorized for the
rapid cooling option detailed in subsection
5L-1.008(10),
F.A.C.
(10)
Once received by a certified shellfish processing facility, the shellstock lot
shall be immediately processed and placed under temperature control and until
sale to final consumer, the shellstock shall be maintained at an environmental
temperature of 45º F or less and not be permitted to remain outside of
temperature control for more than 2 hours cumulative at points of transfer
within the processing facility such as loading docks or in the facility during
processing except for the process described in subparagraph
5L-1.008(7)(a)
4., F.A.C. All certified shellfish processing facilities handling oysters must
have a cooling system capable of reducing the internal temperature of
shellstock oysters to 55º F or less within eight (8) hours.
(11) Onboard Cooling Option - Onboard cooling
equipment includes systems using ice, mechanical refrigeration, or vacuum
cooling. If a commercial oyster harvester is using onboard cooling with ice
slurry, the maximum time oysters can remain outside the cooling system is one
hour from time of harvest and the onboard cooling system shall be capable of
reducing the internal temperature of oysters to 55º F or less and
maintaining at 55º F or less until delivery to the certified shellfish
processing facility. Commercial Harvesters must maintain an onboard time and
temperature record documenting time of harvest, time oysters placed under
refrigeration, and time that oysters reach 55º F or less.
(a) Commercial harvesters using onboard
cooling systems must deliver the oysters to a certified shellfish processing
facility and oysters must be placed under mechanical refrigeration by the
shellfish processor no later than 3:00 p.m. of the harvest day. Oysters must be
at 55°F or less at time of delivery.
(b) Shellfish processors electing to purchase
oysters from harvesters using onboard cooling systems must document in their
HACCP plan that the cooling rates onboard a vessel and in the certified
shellfish processing facility's cooling system provide a safety level
equivalent to product meeting paragraph
5L-1.008(7)(b),
F.A.C., in order to be labeled in compliance with subsection
5L-1.007(6),
F.A.C. Shellfish processors electing to purchase oysters from harvesters using
such onboard cooling systems must list the harvester name, harvester license
number, the maximum time oysters can be unrefrigerated onboard a vessel, and
the total number of hours required to reduce the internal temperature of
oysters to 55º F or less in their HACCP plan. Prior to implementing the
HACCP plan, the shellfish processor must have written approval from the
Department.
(c) Harvesters
proposing an alternative onboard cooling option must contact and demonstrate to
the Department that the system is capable of meeting time and temperature
requirements of the State's Vibrio vulnificus Control Plan and must have
written approval from the Department prior to implementation.
(d) Harvested oysters failing to meet the
time and temperature requirements of this subsection shall be retagged by the
processor as "FOR SHUCKING ONLY BY A CERTIFIED FACILITY" or "FOR POST HARVEST
PROCESSING ONLY."
(12)
Rapid Cooling Option - Rapid cooling equipment includes systems using ice,
mechanical refrigeration, or vacuum cooling. If a shellfish processor elects to
rapidly cool oysters:
(a) During the month of
April shellfish processors must place all harvested oysters under mechanical
refrigeration no later than 1:00 p.m. and cooled down to 55º F or less no
later than 3:00 p.m. of the harvest day.
(b) During the months of May, June, July,
August, and September shellfish processors must place all harvested oysters
under mechanical refrigeration no later than 11:00 a.m. and cooled down to
55º F or less no later than 1:00 p.m. of the harvest day.
(c) During the month of October shellfish
processors must place all harvested oysters under mechanical refrigeration no
later than 1:00 p.m. and cooled down to 55º F or less no later than 3:00
p.m. of the harvest day.
(d)
Shellfish processors must develop and demonstrate in their HACCP plan that the
cooling rates in combination with extended harvest times assure a safety level
equivalent to product meeting paragraph
5L-1.008(7)(b),
F.A.C., in order to be labeled in compliance with subsection
5L-1.007(6),
F.A.C. Shellfish processors electing this option, must list the maximum time
oysters can be unrefrigerated onboard vessel and the total number of hours
required to reduce the internal temperature of oysters to 55º F or less in
their HACCP plan. Prior to implementing the HACCP plan the shellfish processor
must have written approval from the Department.
(e) Harvested oysters failing to meet the
time and temperature requirements of this subsection shall be retagged by the
processor as "FOR SHUCKING ONLY BY A CERTIFIED FACILITY" or "FOR POST HARVEST
PROCESSING ONLY." Processors failing to meet the rapid cool criteria more than
two times during the vibrio control months of April through October shall lose
the rapid cool option for the remaining vibrio control months of that year. The
processor shall only process oysters for restricted use only (Green Tag) during
the remaining vibrio control months.
(f) During the months April through October
all harvested oysters tagged as "FOR SHUCKING ONLY BY A CERTIFIED FACILITY" or
"FOR POST HARVEST PROCESSING ONLY" shall be delivered to a certified processing
facility by 4:00 p.m. of the harvest day.
(13) Handling Time/Temperature table summary:
|
|
Oysters
(Times are when oysters must be placed in cooler at a
certified shellfish processing facility)
|
Clams
|
|
|
Traditional Cooling
|
Rapid Cooling
|
Onboard Cooling with Ice Slurry
|
Restricted Use Only
(Green Tag)
|
Delivery to processor (same day of harvest)
|
|
November
|
5:00 p.m.
|
Non-Vibrio Control Month
|
Non-Vibrio Control Month
|
Non-Vibrio Control Month
|
10:00 p.m.
|
|
December
|
5:00 p.m.
|
Non-Vibrio Control Month
|
Non-Vibrio Control Month
|
Non-Vibrio Control Month
|
10:00 p.m.
|
|
January
|
5:00 p.m.
|
Non-Vibrio Control Month
|
Non-Vibrio Control Month
|
Non-Vibrio Control Month
|
10:00 p.m.
|
|
February
|
5:00 p.m.
|
Non-Vibrio Control Month
|
Non-Vibrio Control Month
|
Non-Vibrio Control Month
|
10:00 p.m.
|
|
March
|
5:00 p.m.
|
Non-Vibrio Control Month
|
Non-Vibrio Control Month
|
Non-Vibrio Control Month
|
10:00 p.m.
|
|
April
|
11:00 a.m.
|
1:00 p.m.
|
3:00 p.m.
|
4:00 p.m.
|
12 Hours
|
|
May
|
Not permitted
|
11:00 a.m.
|
3:00 p.m.
|
4:00 p.m.
|
12 Hours
|
|
June
|
Not permitted
|
11:00 a.m.
|
3:00 p.m.
|
4:00 p.m.
|
10 Hours
|
|
July
|
Not permitted
|
11:00 a.m.
|
3:00 p.m.
|
4:00 p.m.
|
10 Hours
|
|
August
|
Not permitted
|
11:00 a.m.
|
3:00 p.m.
|
4:00 p.m.
|
10 Hours
|
|
September
|
Not permitted
|
11:00 a.m.
|
3:00 p.m.
|
4:00 p.m.
|
10 Hours
|
|
October
|
11:00 a.m.
|
1:00 p.m.
|
3:00 p.m.
|
4:00 p.m.
|
12 Hours
|
(14)
Shellfish leaving a certified shellfish facility must be transported in an
enclosed, mechanically refrigerated conveyance with doors closed securely. The
refrigeration unit must be capable of maintaining an ambient temperature of
45º F or less at all times.
Rulemaking Authority 597.020 FS. Law Implemented 597.020
FS.
New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, Formerly
16R-7.011, Amended 7-3-95, 2-6-97, 3-18-99, 6-23-99, Formerly 62R-7.011,
Amended 8-9-00, 5-29-02, 7-29-08, 4-26-10, 8-31-11, 5-26-15, 3-23-17, 4-2-19,
1-18-23.
