Code of Maine Rules
13 - DEPARTMENT OF MARINE RESOURCES
188 - MARINE RESOURCES - GENERAL
Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH
Section 188-94-11 - Permits
Universal Citation: 13 ME Code Rules ยง 188-94-11
Current through 2024-38, September 18, 2024
A. Bulk Tagging of Shellstock Permit
1. A person may not handle,
ship, transport, or process shellfish in bulk without a current bulk tagging
permit issued by the Department.
2.
To obtain a bulk tagging permit, a person must apply on an annual basis to the
Department on forms supplied by the Commissioner and must provide all
information required.
3. When
receiving bulk tagged shellfish, the certified dealer must have a Bulk Tagging
Plan approved by the Department.
4. A dealer receiving bulk tagged shellstock
must have an intermediate processing plan approved by the Department.
5. Bulk Tagging permits expire
April 1st unless an earlier expiration date is
given.
B. Wet Storage in Artificial Bodies of Water or in Natural Bodies of Water (Onshore or Offshore) Permits
1. A person may not
wet store shellfish without a current wet storage permit issued by the
Department.
2. To obtain a wet
storage permit, a person must apply to the Department on an annual basis on
forms supplied by the Commissioner and must provide all information required. A
permit is required for each wet storage site or operation.
3. Prior to commencing construction, all
plans for construction or remodeling of onshore wet storage facilities or
operations shall be reviewed and authorized by the Department.
4. Wet storage permits expire April
1st unless an earlier expiration date is
given.
C. Buying Station Permit
1. A person may not
operate a buying station without a current buying station permit issued by the
Department.
2. To obtain buying
station permit, a person must apply to the Department on an annual basis on
forms supplied by the Commissioner and must provide all information required. A
permit is required for each buying station operation.
3.
Compliance
(a) The vehicle used as a buying station must
be leased, owned or rented by the certified dealer and licensed with the
appropriate supplemental license for that vehicle in accordance with
12 M.R.S.
§6851.
(b) The vehicle must be properly constructed,
operated and maintained to prevent contamination, deterioration and
decomposition of the shellstock in compliance with applicable regulations and
requirements of the Model Ordinance. Water used for sanitation of the vehicle
must be from an approved water source at the certified dealer's permanent
facility.
(c) The vehicle must have
a mechanical refrigeration unit, an on board thermometer and a time/temperature
data logger that can be downloaded for review by the Department. The mechanical
refrigeration unit must always be operating during the buying station activity
and until the vehicle is returned to the permanent facility. The ambient air
temperature can exceed the required temperature of 45°F degrees for a
period no longer than 2 hours, after which the vehicle air temperature must
reach and maintain 45°F.
(d)
The buying station representative must maintain a buying station activity log
including, but not limited to, the date and time of purchase, area harvested,
names of all harvesters and their shellfish harvester's license number, the
date and time of harvest, the quantity of shellstock purchased from each
harvester and the temperature inside the conveyance at the start and conclusion
of activity at each buying location and upon return to the dealer's permanent
facility.
(e) All shellstock
purchased at the buying station must be transported by the certified dealer to
the permanent facility for which that holder's certification was
issued.
(f) None of the following
activities may occur on or in connection with a buying station: washing of
shellstock, packing, tagging, distribution to any person or entity other than
the certified dealer's facility.
(g) The HACCP plan and HACCP records must be
kept with the vehicle. A copy of the HACCP plan and records that apply to the
buying station/vehicle must be separately identified and kept with the buying
station/vehicle.
4.
Supervision
(a) The holder of a
shellfish certificate shall be responsible for the supervision of all
activities associated with the buying station permit.
(b) Supervision of all buying station
activities shall be sufficient to ensure compliance with applicable regulations
and requirements of the Model Ordinance.
(c) Lack of supervision and responsibility
for the buying station permit, including the non-production of records required
to be maintained, shall be grounds for immediate suspension of the
permit.
5. Buying
station permits expire April 1st unless an earlier
expiration date is given.
D. Shellfish Relay Permit
1. A person may not relay shellfish without a
permit issued by the Department.
Exception: The relay of seed as described in Chapter 2.90(3)(D)(3) will not require a permit provided the seed is held in an area classified as approved or conditionally approved in the open status for the time specified in the Model Ordinance.
2. To obtain a permit to relay shellfish, a
person must apply to the Department on forms supplied by the Commissioner and
must provide all information required.
3. Relay permit applications will be reviewed
and issued based on the applicant's ability to meet the criteria for safe relay
operations.
4. The permit may be
conditioned at the discretion of the Department.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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