Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 50 - Environmental health
Subchapter 10 - Food Protection
Part 6 - Processing and Distribution of Shellfish
Section 216-RICR-50-10-6.3 - Licensure Requirements

A. The provisions of R.I. Gen. Laws Chapter 21-14 and this Part shall not apply to retail operators offering for sale to the consumer only shellfish which have been obtained from persons licensed to operate a shellfish business.

B. No person shall conduct within the State of Rhode Island any shellfish business until that person shall have obtained a license from the Department and any and all necessary permits or licenses from such agencies as the Department of Environmental Management (DEM), and in some instances from the Coastal Resources Management Council (CRMC).

C. As a condition of initial and continued licensure, shellfish businesses licensed in the State of Rhode Island shall meet the requirements of 21 C.F.R. Part 123 (2012) entitled "Fish and Fishery Products" (not to include later amendments thereof), where applicable.

D. The Director shall, upon receipt of application for a license to conduct a shellfish business, cause the applicant's shellfish business facilities to be investigated and, if they are found to comply with the provisions of the Act and these Rules and Regulations herein, shall issue a license upon receipt of a fee as set forth in Part 10-05-2 of this Title, Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health, for a shipper/reshipper or a fee as set forth for a shucker-packer/repacker.

E. Any person who wants to be a dealer shall have and implement a HACCP plan, and have a program of sanitation monitoring and record keeping in compliance with 21 C.F.R. Part 123 (2012) (not to include later amendments thereof), except for the requirement for harvester identification on a dealer's tag.

F. Any license so issued shall apply only to those phases of the shellfish business as approved by the Department and as defined in this Part.

G. The license period shall be for twelve (12) months, unless sooner suspended or revoked for cause, commencing on January 1st, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. The fee for renewal of a license to conduct a shellfish business shall be as set forth in Part 10-05-2 of this Title, Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health, for a shipper/reshipper or as set forth for a shucker-packer/repacker.

H. Licenses issued pursuant to this Part may be suspended or revoked for violation of the provisions of R.I. Gen Laws Chapter 21-14 and this Part.

I. The Director may, after a hearing, refuse to issue any such license to any person who has been convicted of any violation of R.I. Gen Laws Chapter 21-14 or this Part.

J. Each dealer shall have a business facility address or aquaculture lease at which inspections of facilities, activities, equipment, or records can be conducted.

K. Facility Plan

L. Operational Plan An operational plan shall be submitted with a licensure application or when there is a change in operations of a shellfish business.

A. No person shall sell or possess with intent to sell within the State of Rhode Island for human consumption any shellfish which have not been processed, labeled, transported, or sold in compliance with the provisions of R.I. Gen. Laws Chapter 21-14 and this Part.

B. Any shellfish which the Director shall have reasonable cause to believe have been taken from unapproved areas or which have not been processed, labeled, transported, or sold in compliance with the provisions of the Act and this Part shall be confiscated. Search warrants may be issued by any district court upon complaint of the Director or the Director's duly authorized agents relating to violations of R.I. Gen. Laws Chapter 21-14 and this Part.

A. The Director shall make regular inspections of the business premises of licensees and no person shall interfere with or obstruct the entrance of the Director to any dealer or structural appurtenance thereto, vessel, or vehicle, for the purpose of making inspection related to compliance with R.I. Gen. Laws Chapter 21-14 and this Part during reasonable business hours and no person shall obstruct the conduct of this inspection; provided, however, that inspections as to sanitary conditions shall be made only by the Director or employees of the Department.

B. In accordance with R.I. Gen Laws § 21-14-14, all such agents, so appointed by the Director, by virtue of their appointment and until these appointments shall be cancelled and revoked, may seize all shellfish in possession of any person violating the provisions of R.I. Gen. Laws Chapter 21-14, and may make complaints for all such violations, and in any such complaint they shall not be required at the time of complaint or thereafter to enter into recognizance or in any way to become liable for the costs that may accrue thereon.

A. Any shellfish business which requests to be included on the Interstate Certified Shellfish Shippers List (ICSSL) issued by the Department shall meet all requirements of the National Shellfish Sanitation Program's Guide for Control of Molluscan Shellfish: 2019 Revision (not to include later amendments or editions thereof)https://www.fda.gov/media/143238/download

B. No dealer shall ship shellfish out of the State of Rhode Island prior to obtaining certification from the Department.