Mississippi Administrative Code
Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES
Part 1 - RULES AND REGULATIONS FOR MOLLUSCAN SHELLFISH RELATED ACTIVITIES
Chapter 9 - Molluscan Shellfish Dealers, Processors and Facilities
Rule 22-1-9.7

Universal Citation: MS Code of Rules 22-1-9.7

Current through April 7, 2022

Suspension of License and Certification

A. License and certification held by any person, firm or corporation will be suspended or revoked by the MDMR Authority:

1. If there is reason to believe that a public health hazard exists.

2. If the holder violates any of the requirements of this regulation.

3. If the holder interferes with a representative of the MDMR in the performance of duties.

B. The MDMR Authority will serve the holder a written notice of intent to suspend the license and certification.

1. The notice will specify the violation(s) and afford the holder reasonable opportunity to correct the violations as agreed to by the parties or in absence of agreement fixed by the MDMR before making any order of suspension effective.

2. A copy of the inspection sheet handed to the license and certification holder or their authorized representative, or in their absence, posted in a conspicuous place in the establishment, shall constitute a written notice to suspend the license and certification.

C. A suspension of license and certification will remain in effect until the violation has been corrected to the satisfaction of the MDMR Authority.

D. In a case where the molluscan shellfish involved create a health hazard or whenever adulterated or misbranded molluscan shellfish and/or molluscan shellfish products are found, or in any case of willful refusal to permit an inspection, the MDMR Authority may issue a cease-and-desist order, effective immediately, to suspend all molluscan shellfish related activities. This order will remain in effect until such time as proper corrective actions have been taken and the order is officially lifted.

E. Upon request for reapplication, from any person whose license and certification has been suspended, the MDMR Authority shall make such inspection(s) and/or collect samples as deemed necessary to determine compliance with the requirement of this regulation.

F. Upon repeated violations, the MDMR Authority will revoke a license and certification following reasonable notice to the license and certification holder and an opportunity for a hearing.

22 Miss. Code. R. § 1-9.7

Miss. Code Ann. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-I

Adopted 8/22/2021

This section was updated on 7/28/2021 by overlay.

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