SECTION .0300 sanitation of shellfish - general



The following definitions shall apply throughout Sections .0300 to .0900 of this Subchapter:

(1) "Adulterated" means the following:

(a) Any shellfish that have been harvested from prohibited areas;

(b) Any shellfish that have been shucked, packed, or otherwise processed in a plant which has not been permitted by the Division in accordance with these Rules;

(c) Any shellfish which exceed the bacteriological standards in Rule .0430 of this Subchapter; and

(d) Any shellfish which are deemed to be an imminent hazard;

(2) "Approved area" means an area determined suitable for the harvest of shellfish for direct market purposes.

(3) "Bulk shipment" means a shipment of loose shellstock.

(4) "Buy boat or buy truck" means any boat which complies with Rule .0419 of this Subchapter or truck which complies with Rule .0420 of this Subchapter that is used by a person permitted under these Rules to transport shellstock from one or more harvesters to a facility permitted under these Rules.

(5) "Certification number" means the number assigned by the state shellfish control agency to each certified shellfish dealer. It consists of a one to five digit number preceded by the two letter state abbreviation and followed by the two letter symbol designating the type of operation certified.

(6) "Critical control point" means a point, step or procedure in a food process at which control can be applied, and a food safety hazard can as a result be prevented, eliminated or reduced to acceptable levels.

(7) "Critical limit" means the maximum or minimum value to which a physical, biological or chemical parameter must be controlled at a critical control point to prevent, eliminate or reduce to an acceptable level the occurrence of the identified food safety hazard.

(8) "Depuration" means mechanical purification or the removal of adulteration from live shellstock by any artificially controlled means.

(9) "Depuration facility" means the physical structure wherein depuration is accomplished, including all the appurtenances necessary to the effective operation thereof.

(10) "Division" means the Division of Environmental Health or its authorized agent.

(11) "Food safety hazard" means any biological, chemical or physical property that may cause a food to be unsafe for human consumption.

(12) "HACCP plan" means a written document that delineates the procedures a dealer follows to implement food safety controls.

(13) "Hazard analysis critical control point (HACCP)" means a system of inspection, control and monitoring measures initiated by a dealer to identify microbiological, chemical or physical food safety hazards which are likely to occur in shellfish products produced by the dealer.

(14) "Heat shock process" means the practice of heating shellstock to facilitate removal of the shellfish meat from the shell.

(15) "Imminent hazard" means a situation which is likely to cause an immediate threat to human life, and immediate threat of serious physical injury, an immediate threat of serious physical adverse health effects, or a serious risk of irreparable damage to the environment if no immediate action is taken.

(16) "Misbranded" means the following:

(a) Any shellfish which are not labeled with a valid identification number awarded by regulatory authority of the state or territory of origin of the shellfish; or

(b) Any shellfish which are not labeled as required by these Rules.

(17) "Operating season" means the season of the year during which a shellfish product is processed.

(18) "Person" means an individual, corporation, company, association, partnership, unit of government or other legal entity.

(19) "Prohibited area" means an area unsuitable for the harvesting of shellfish for direct market purposes.

(20) "Recall procedure" means the detailed procedure the permitted dealer will use to retrieve product from the market when it is determined that the product may not be safe for human consumption as determined by the State Health Director.

(21) "Relaying or transplanting" means the act of removing shellfish from one growing area or shellfish grounds to another area or ground for any purpose.

(22) "Repacking plant" means a shipper, other than the original shucker‑packer, who repacks shucked shellfish into containers for delivery to the consumer.

(23) "Reshipper" means a shipper who ships shucked shellfish in original containers, or shellstock, from permitted shellstock dealers to other dealers or to consumers.

(24) "Sanitary survey" means the evaluation of factors having a bearing on the sanitary quality of a shellfish growing area including sources of pollution, the effects of wind, tides and currents in the distribution and dilution of polluting materials, and the bacteriological quality of water.

(25) "Sanitize" means the a bactericidal treatment by a process which meets the temperature and chemical concentration levels in 15A NCAC 18A .2619.

(26) "SELL BY date" means a date conspicuously placed on a container or tag by which a consumer is informed of the latest date the product will remain suitable for sale.

(27) "Shellfish" means oysters, mussels, scallops and all varieties of clams. However, the term shall not include scallops when the final product is the shucked adductor muscle only.

(28) "Shellstock" means any shellfish which remain in their shells.

(29) "Shellstock conveyance" means all trucks, trailers, or other conveyances used to transport shellstock.

(30) "Shellstock dealer" means a person who buys, sells, stores, or transports or causes to be transported shellstock which was not obtained from a person permitted under these Rules.

(31) "Shellstock plant" means any establishment where shellstock are washed, packed, or otherwise prepared for sale.

(32) "Shucking and packing plant" means any establishment or place where shellfish are shucked and packed for sale.

(33) "Wet storage" means the temporary placement of shellstock from approved areas, in containers or floats in natural bodies of water or in tanks containing natural sea water.


History Note: Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. August 1, 2000; August 1, 1998; February 1, 1997; January 4, 1994; September 1, 1990; December 1, 1987.