Current through Register 1531, September 27, 2024
(1)
Purpose. The
purpose of
322
CMR 16.04 is to set forth the requirements
applicable to the sanitary harvest, handling and transportation of shellfish by
commercial fishers to prevent the contamination and deterioration of such
shellfish and to safeguard public health. The additional requirements that
apply to the harvest of oysters during the Vibrio parahaemolyticus
(Vp) control season are set forth in
322
CMR 16.07.
(2)
Vessels Used in the Harvest
and Transport of Shellstock.
(a)
Vessels used in the harvest and transport of shellstock shall be kept clean and
free of debris during the harvest and transport of shellstock.
(b) Vessels used in the harvest and transport
of shellstock shall have a sanitation device secured onboard the vessel in a
manner that prevents the contamination of shellstock. The sanitation device
shall be constructed of impervious, cleanable materials and have a tight
fitting lid. The sanitation device shall be indelibly marked in a contrasting
color "HUMAN WASTE" in letters that are at least three inches in
height.
(c) No dogs, cats and other
pets shall be onboard the vessel while harvesting or transporting market bound
shellstock.
(d) Shellstock shall be
stored onboard the vessel in raised areas to prevent contact with bilge water,
fuel, oil or other chemicals and covered to prevent exposure to hot sun and
birds.
(3)
Containers of Shellstock.
(a) Following harvest, market bound
shellstock shall be stored in containers.
(b) Containers of shellstock shall be
transported in a manner that prevents exposure to the sun and defecation by
birds.
(c) Materials in direct
contact with shellstock shall be smooth, easily cleanable and impervious to
water.
(4)
Washing of Market Bound Shellfish and Shellstock.
(a) All market bound shellfish and shellstock
shall be washed reasonably free of bottom sediments as soon after harvesting as
practicable and prior to loading onto a vehicle for transportation for sale to
a Massachusetts wholesale dealer with a primary buyer endorsement for
shellfish, permitted in accordance with M.G.L. c. 130, § 80, and
322
CMR 7.01(2):
Commercial Fishing Permits and
322
CMR 7.07: Dealers Acting as Primary
Buyers or prior to the sale to such dealer, whichever action occurs
first.
(b) All market bound
shellfish and shellstock shall be washed with either potable water or seawater
from the growing area where the shellfish and shellstock was harvested from or
from another growing area with the same classification and in the open
status.
(c) It shall be unlawful to
wash market bound shellfish or shellstock with seawater taken from:
1. a growing area classified as
Prohibited;
2. a growing area
classified as Restricted, Conditionally Restricted, Conditionally Approved or
Approved while in a closed status; or
3. a growing area with a classification and
status other than the growing area where harvested.
(5)
Icing of
Shellfish.
(a)
Restrictions on the Source of Ice Used in the Post-harvest Icing of
Shellfish. Except as provided at
322
CMR 16.04(5)(b), it shall be
unlawful for any commercial fisher to ice shellstock with ice obtained from any
source other than an approved standard source of ice.
(b)
Exceptions.
Subject to the conditions in
322
CMR 16.04(5)(b)1., a
commercial fisher may ice shellstock with ice obtained from sources other than
an approved standard source of ice.
1.
Potable Water Source. Ice shall be made from a potable
water source that meets the drinking water quality standards in the
Massachusetts Department of Environmental Protection's regulations at 310 CMR
22.00:
Drinking Water.
a.
Municipal Drinking Water Sources. Compliance with
drinking water quality standards at 310 CMR 22.00: Drinking
Water shall be documented through annual water quality reports or
other data or information from the municipal public water supplier.
b.
Non-municipal Water
Sources. Compliance with drinking water quality standards at 310
CMR 22.00: Drinking Water shall be documented by proof of
water quality testing completed within the previous six months by a laboratory
certified by the Massachusetts Department of Environmental Protection or the
U.S. Environmental Protection Agency to perform drinking water analyses in
accordance with standard water quality testing methods.
2.
Ice Machines and Ice
Makers.
a. Schematics for ice
machines or makers shall be maintained that demonstrate adequate protection
from backflow or back-siphonage; adequate air gaps in all drain pipes; food
grade fittings and hosing; and adequate protection from water supply
reservoirs.
b. Ice machines and ice
makers, including all bins, nozzles and enclosed components, shall be cleaned
at the frequency specified by the manufacturer, or absent manufacturer
specifications, at a frequency necessary to preclude the accumulation of soil
or mold.
c. A sanitation log shall
be maintained that includes information on the dates and times the ice machine
or ice maker was cleaned and the initials of the individual who conducted the
cleaning.
3. All
documents and records required to be maintained pursuant to
322
CMR 16.04 shall be made available upon
request by either the Division or the Massachusetts Environmental Police.
Failure to produce such documents and records upon request shall be
prima facie evidence of a violation of
322
CMR 16.04(5).
(6)
Commercial Harvest and Sale of Shellfish and
Shellstock.
(a) Commercial fisher
shall sell shellfish only to a Massachusetts wholesale dealer with a primary
buyer endorsement for shellfish, permitted in accordance with M.G.L. c. 130,
§ 80, and
322
CMR 7.01(2):
Commercial Fishing Permits and
322
CMR 7.07: Dealers Acting as Primary
Buyers.
(b) Commercial
fisher shall not handle or store shellfish at a facility that has not been
authorized by Public Health or municipal Boards of Health prior to the sale of
the shellfish to a wholesale dealer. The sale of shellfish between a commercial
fisher and a wholesale dealer shall occur at the landing site, the wholesale
dealer's facility, or at a municipally managed site approved by the
Director.
(c) Commercial fisher
shall deliver shellfish to a Massachusetts wholesale dealer on the same
calendar day the shellfish was harvested. During the period of May
1st through October 31st,
all shellstock shall be sold to a wholesale dealer within 18 hours of the
harvest of the shellstock, unless they are surf clams or ocean quahogs intended
for thermal processing only.
(d)
Except if otherwise authorized by state law or regulation, it shall be unlawful
for any commercial fisher to harvest shellfish from one half hour after sunset
to one half hour before sunrise.
(7)
Exemptions. The
provisions of
322
CMR 16.04 shall not apply to the commercial
harvest, handling or transportation of moderately contaminated shellfish
conducted in accordance with 322 CMR 10.00: Management of Moderately
Contaminated Shellfish.