Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 15 - FOOD
Chapter 10.15.07 - Shellfish Sanitation
Section 10.15.07.06 - Vibrio parahaemolyticus Control
Universal Citation: MD Code Reg 10.15.07.06
Current through Register Vol. 51, No. 19, September 20, 2024
A. A dealer and a shellfish aquaculture harvester permittee shall implement control measures
B. Control Measures.
(1) From June 1 through September 30, a
shellfish aquaculture harvester permittee shall:
(a) Protect harvested oysters from direct sun
by providing shade over the area where the harvested oysters are
stored;
(b) Maintain air flow to
the area where the harvested oysters are stored;
(c) Designate a single site for landing the
harvested oysters;
(d) Document the
harvest start time, which is the time the first oysters are removed from the
water, on a harvest trip record or harvest tag; and
(e) Provide the harvest time record as set
forth in §A(1)(d) of this regulation to a dealer on delivery.
(2) From June 1 through June 30, a
shellfish aquaculture harvester permittee shall deliver harvested oysters to a
dealer by 11:30 a.m. on the day of harvest.
(3) From July 1 through August 31, a
shellfish aquaculture harvester permittee shall deliver harvested oysters to a
dealer by 10:30 a.m. on the day of harvest.
(4) From September 1 through September 30, a
shellfish aquaculture harvester permittee shall deliver harvested oysters to a
dealer by 12:30 p.m. on the day of harvest.
(5) From June 1 through September 30, a
dealer may not:
(a) Receive oysters harvested
from Maryland waters:
(i) After the harvest
delivery times set forth in §B(2)-(4) of this regulation; and
(ii) Without a harvest time record as set
forth in §A(1)(d) of this regulation; or
(b) Sell or ship oysters that have not
reached an internal temperature of 50°F (10°C) or below.
(6) From June 1 through September
30, a dealer shall:
(a) Place oysters under
temperature control immediately upon delivery from the shellfish aquaculture
harvester permittee: and
(b)
Implement a HACCP plan as defined in COMAR 10.15.04 that recognizes pathogen
growth of naturally occurring Vibrio bacteria present from June through
September 30 as a significant hazard and includes:
(i) Control measures necessary to ensure,
document, and verify that the internal temperature of oysters has reached
50°F (10°C) or below within 10 hours or less after being placed under
temperature control; and
(ii)
Corrective action to ensure that oysters that are not cooled to an internal
temperature of 50°F (10°C) within 10 hours are not directed to the raw
shellfish market.
(7) To comply with §B(6) of this
regulation, a dealer shall ensure that a temperature control mechanism for
cooling and storing of oysters:
(a) Maintains
a temperature of 45°F; and
(b)
Cools oysters to an internal temperature of 50°F (10°C) in 10 hours or
less.
(8) A shellfish
aquaculture harvester permittee who is a dealer shall comply with the
requirements set forth in §B(1)-(7) of this regulation.
(9) The Department may except a shellfish
aquaculture harvester permittee who is a dealer from the harvest delivery times
set forth in §B(2)-(4) and the receiving time set forth in
§B(5)(a)(i) of this regulation if the permittee/dealer:
(a) Places harvested oysters under
temperature control within 5 hours of harvest start time, which is the time the
first oysters are removed from the water; and
(b) Implements an HACCP plan as defined in
COMAR 10.15.04 that includes the control measures necessary to ensure,
document, and verify that the harvested oysters are placed under temperature
control within 5 hours of harvest start time.
Disclaimer: These regulations may not be the most recent version. Maryland 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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