4 Va. Admin. Code § 20-1250-30 - Shellfish identification
A. Any
person harvesting shellfish for commercial purposes shall affix a shellfish
harvester tag to each container of shellfish, except as provided in subsection
E of this section, before leaving any single harvest area. The shellfish
harvester tag shall remain in place while the shellfish are transported from
the harvest area to the landing site and from the landing site to a certified
dealer or for any other use. Any transport of shellfish to a certified dealer
requires that the shellfish harvester tag remain affixed to each container of
shellfish until the container is emptied or shipped and re-tagged by a
certified dealer.
B. The shellfish
harvester tag, the bulk shellfish tag, and the green restricted-use shellstock
tag shall be durable, waterproof, approved by the Virginia Marine Resources
Commission or the Virginia Department of Health prior to use, and at least 13.8
square inches in size.
C. The
shellfish harvester tag shall contain all of the following indelible and
legible information, in the following order:
1. The harvester's Virginia Marine Resources
Commission identification number or Virginia Marine Resources Commission oyster
aquaculture harvester permit number or clam aquaculture harvester permit
number;
2. The date of harvest,
time that any shellfish harvest began, and time that harvested shellfish were
offloaded and placed under temperature control;
3. An acknowledgement of whether or not those
shellfish, described in subdivision 2 of this subsection, were placed in a
Virginia Department of Health, Division of Shellfish Sanitation-approved
storage container with a layer of ice that continuously and completely covered
the oysters;
4. The most accurate
identification of the harvest location or aquaculture site, including the
abbreviated name of the state of harvest and the Virginia Marine Resources
Commission's designation of the growing area by indexing, administrative, or
geographic designation, and the minimum identification requirement shall be to
specify a single harvest area from the listing, as described in
4VAC20-1250-50;
5. The type and quantity of harvested
shellfish; and
6. The following
statement, in bold capitalized letters: "THIS TAG IS REQUIRED TO BE ATTACHED,
UNTIL THE CONTAINER IS EMPTY OR IS RE-TAGGED, AND THEREAFTER KEPT ON FILE FOR
90 DAYS."
D. For any
quantities of shellfish commercially harvested from a single harvest area, in
any one day, that are loose and not containerized aboard any conveyance, the
harvester shall prepare a shellfish harvester tag for that quantity of
shellfish, which shall accompany that quantity of shellfish during transport
from the single harvest area to the landing site and from the landing site to a
certified dealer or for transport to any area for replanting.
E. When multiple containers of shellfish are
harvested from a single harvest area, in any one day, and placed in any
conveyance, the lot may be tagged with a bulk shellfish tag, for that quantity
of shellfish, which shall accompany that quantity of shellfish during transport
from the harvest area to the landing site and from the landing site to a
certified dealer or for transport to any area for replanting. In addition to
the information required in subsection C of this section, any bulk shellfish
tag shall also include:
1. The following
statement in bold capitalized letters: "ALL SHELLFISH CONTAINERS IN THIS LOT
HAVE THE SAME HARVEST DATE AND ARE FROM A SINGLE AREA OF HARVEST";
and
2. The number of individual
containers in the lot.
F. Certified shucker packers shall use a
green restricted-use shellstock tag for the harvest of restricted-use
shellstock from a single harvest area in any one day. The restricted-use
shellstock tag shall accompany that quantity of shellfish during transport from
the harvest area to the landing site and from the landing site to the certified
shucker packer. In addition to the information required in subsection C of this
section, any restricted-use shellstock tag shall also include:
1. The certified shucker packer name and
address; the Virginia Department of Health, Division of Shellfish and
Sanitation certification number; and the following statement in bold
capitalized letters: "FOR SHUCKING BY A CERTIFIED DEALER OR POST HARVEST
PROCESSING ONLY"; and
2. The
quantity of restricted-use shellstock in the lot.
G. Certified dealers may use their certified
dealer tag in place of a shellfish harvester tag as provided in subsection A of
this section, except as provided in subsection F of this section.
H. All commercially harvested shellfish shall
be tagged by a certified dealer prior to being sold, marketed, consumed, or
transported to any location other than to a certified dealer or for
replanting.
Notes
Statutory Authority: § 28.2-201 of the Code of Virginia.
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