Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish
Section 10.08 - Purification

(1) Responsibility. The master digger shall be responsible for all moderately contaminated shellfish delivered to the purification plant.

(2) Pick-up. The master digger shall pick up all of his or her purified shellfish within 24 hours after its purification. Unclaimed shellfish shall be disposed of at the discretion of the plant supervisor.

(3) Records. Prior to departing with the purified shellfish, the master digger shall record the amount of all purified shellfish released to his or her custody, the date of release and the designated area from which the purified shellfish had been harvested.

(4) Tags. Prior to departing with the purified shellfish, the master digger shall supply and place a tag in each rack of purified shellfish or attach a tag to each rack by means other than by staples. Said tag shall be durable, of water proof material and contain the following information:

(5) Dealers. Any licensed wholesale dealer certified to deal in shellfish may pick up purified shellfish for the master digger at the purification plant, provided that all tagging requirements are met, and DPH shellfish traceability regulations have been fully complied with by the transporting dealer.

(6) Liability. The master digger agrees that the purification plant supervisor may refuse to treat improperly washed or culled moderately contaminated shellfish, and may dispose of any moderately contaminated shellfish which in his or her opinion will adversely affect the purification process. The master digger further agrees that said actions shall be taken without liability of any kind, may not subject the Division or the plant supervisor to any civil action for damages and may not form the basis for a tort claim of any kind.