§ 12 §6856 — Shellfish sanitation; depuration certificate and permits

1.
Shellfish sanitation certificate.
A person may not undertake the processing, buying, selling, shipping, transporting or shucking of shellfish or whole scallops without a shellfish sanitation certificate issued by the department or a valid, current certificate issued by the relevant regulatory authority recognized by the United States Department of Health and Human Services, Food and Drug Administration and posted on the administration's interstate certified shellfish shippers list, unless authorized under section 6701 or 6702. A person may engage in activities only to the extent authorized by the certificate held by the person. The commissioner may issue a shellfish sanitation certificate to a wholesale seafood license holder or a shellfish transportation license holder that authorizes the holder to undertake the activities expressly authorized therein, which may include buying and selling, shipping, transporting, shucking or other processing of shellfish or whole scallops. A wholesale seafood license or shellfish transportation license is also necessary to undertake the activities authorized under those licenses. A shellfish sanitation certificate does not authorize a person to undertake any of the activities for which a permit is required pursuant to subsection 2‑A. Beginning June 1, 2018, the fee for a shellfish sanitation certificate is $50.
2.
Express authorizations.
The commissioner shall expressly state the authorized activities on each shellfish sanitation certificate. The activities authorized must be sufficient to allow the holder to carry out the holder's wholesale or transportation operations, except that the operations may be limited to the extent required to protect the public health.
2-A.
Additional permits.
A person may not engage in an activity for which a permit is required pursuant to this subsection unless the person holds a shellfish sanitation certificate and the applicable permit as provided in this subsection.
3.
Depuration certificate.
A person may not take shellfish from closed areas for depuration, processing and transportation without a depuration certificate. The commissioner may issue a depuration certificate to a wholesale seafood license holder that authorizes the holder to take shellfish from closed areas for depuration, processing and transportation. The certificate must establish limits on harvesting, depurating and processing methods and any other provisions required to ensure the public safety. The commissioner may permit depuration of shellfish not contaminated by paralytic shellfish poisoning if it is established that the water used during depuration will not contaminate the shellfish with paralytic shellfish poisoning. Beginning May 1, 2018, the fee for a depuration certificate is $200.
3-A.
Municipal consultation and approval; depuration harvesting.
3-B.
Municipal pollution abatement plan.
3-C.
Municipal depuration management plan.
3-D.
Soft-shelled clam depuration harvesting in municipalities with municipal shellfish conservation programs.
Soft-shelled clam depuration activities conducted within a municipality that has a municipal shellfish conservation program pursuant to section 6671 are subject to the following provisions.
4.
Rules.
The commissioner may adopt or amend rules concerning:
5.
Right of entry.
Whenever a certificate has been issued under this section, the commissioner, or the commissioner's agent, must have access to any establishment or part thereof for the purpose of inspection or collection of samples. Denial of access is grounds for suspension or revocation of any certificate or license under the provisions of section 6372.
6.
Products embargoed and condemned.
The commissioner, or the commissioner's agent, shall indefinitely embargo, condemn or order to be destroyed any shellfish, shellfish product or whole scallop in any establishment whenever it is determined that the product is of unsound quality, contains any filthy, decomposed or putrid substance, or may be poisonous or deleterious to health or otherwise unsafe. The commissioner and the commissioner's agent shall cooperate with those state and federal agencies having similar responsibility in the protection of public health and in enforcing the order to embargo, condemn or destroy.
7.
Resident depuration harvesters.
8.
Payments to municipalities.
9.
Disposition of fees.
The commissioner shall deposit fees collected under this section in the Shellfish Fund under section 6651.

Legislative History

PL 1977, c. 661, §5 (NEW). PL 1979, c. 249 (AMD). PL 1981, c. 462, §6 (AMD). PL 1989, c. 770, §1 (AMD). PL 1991, c. 831, §2 (AMD). PL 2001, c. 112, §§2-4 (AMD). PL 2003, c. 248, §11 (AMD). PL 2005, c. 508, §2 (AMD). PL 2007, c. 15, §§1-5 (AMD). PL 2007, c. 15, §6 (AFF). PL 2009, c. 561, §32 (AMD). PL 2011, c. 175, §§1-7 (AMD). PL 2011, c. 311, §6 (AMD). PL 2015, c. 68, §§10, 11 (AMD). PL 2017, c. 224, §2 (AMD). PL 2019, c. 334, §§3, 4 (AMD). PL 2021, c. 59, §1 (AMD).