(1)
Definitions. For purposes of 322 CMR 6.32, the
following words shall have the following meanings:
Carapace means the upper body of a
lobster excluding the tail and claws.
Division means the Massachusetts
Division of Marine Fisheries.
Mutilated means a lobster that has
been altered in any way that affects its measurement.
Processor means any wholesale dealer
permitted by the Division, in accordance with M.G.L. c. 130, § 80 and
322 CMR
7.01(3), and authorized in
writing by DPH to process lobsters.
DPH means the Massachusetts Department
of Public Health.
(2)
Requirements for the Processing of Shell-on Lobster
Parts. The processing of shell-on lobster parts by wholesale
dealers is authorized pursuant to M.G.L. c. 130, § 44 and c. 94, §
77G subject to the following restrictions:
(a)
Authorization to Process Lobster.
1. The processor shall be in possession of a
wholesale dealer permit;
2. DPH
shall inspect and approve in writing the shell-on lobster part processing
facility;
3. Upon receipt of DPH
approval, the Director shall endorse the Wholesale Dealer Permit to include
shell-on lobster part processing.
(b)
Rules Specific to Whole Live
Lobster Processing.
1. All whole
lobsters at the approved lobster processing facility or at any location
associated with the approved processor shall meet the minimum size requirement
in M.G.L. c. 130, § 44;
2. All
whole lobsters utilized in the processing of shell-on lobster tails shall be
live and shall meet the minimum size requirement in M.G.L. c. 130, §
44;
3. All shell-on lobster tails
shall weigh three ounces or more;
4. All processing, freezing, packaging and
labeling of shell-on lobster parts shall take place within the approved lobster
processing facility at the address appearing on the wholesale dealer
permit;
5. All shell-on lobster
parts or packages of shell-on lobster parts shall be labeled with a description
of the product and the license number and address of the facility where they
are processed and the date they are processed; and
6. Packaged and labeled shell-on lobster
parts may be stored on the premises or off-site at a facility approved by DPH,
provided that accurate records of inventory and disposition are kept and made
available for inspection by Environmental Police Officers and DPH.
(c)
Rules Specific to
the Importation of Shell-on Lobster Parts for Processing.
Processors may import shell-on lobster parts into the Commonwealth for
processing, provided:
1. All shell-on lobster
parts are accompanied by a bill of lading, or other similar documentation,
describing the product; the identity and address of the original processor; the
name of the receiving Massachusetts dealer; and the address of the wholesale
dealer facility in Massachusetts where processing will occur.
2. All processing, freezing, packaging and
labeling of shell-on lobster parts in accordance with 322 CMR 6.32(2)(c), shall
take place at an approved facility belonging to the receiving Massachusetts
processor.
3. Upon completion of
all final processing activity, the receiving Massachusetts processor shall
label all shell-on lobster parts or packages thereof, with labels that include
the following information: a description of the processed product; the identity
of the processor; the address of the approved facility where the final
processing occurred; and the date when the final processing occurred.
4. Once labeled in accordance with 322 CMR
6.32(2)(c)3., all shell-on lobster parts may be stored on the premises of the
Massachusetts processor, or at an offsite facility approved by DPH. Accurate
records of inventory and disposition of all processed shell on lobster parts
must be kept and made available for inspection by Environmental Police Officers
and DPH.
5. All shell-on lobster
tails shall weigh at least three ounces or more.
6. The importation, transportation and
processing of all lobster parts authorized pursuant to 322 CMR 6.32(2)(c) shall
comply with all other applicable DPH laws and
regulations.
(3)
Requirements for the Sale of
Shell-on Lobster Parts. The sale of shell-on lobster parts is
authorized pursuant to M.G.L. c. 130, § 44 and M.G.L. c. 94, § 77G
subject to the following restrictions:
(a)
Only legal sized lobster carapaces and shell-on lobster parts may be possessed,
offered for sale or sold;
(b) All
shell-on lobster parts shall be accompanied by a bill of sale and a description
of the product, the identity of the processor and the country of
origin.
