Haw. Code R. § 11-35-13 - Sale of shellfish in Hawaii

(a) Shellfish shipped into Hawaii.

(1) Market shellfish shipped into Hawaii from outside the state shall be from approved growing areas and certified by the appropriate agency of the state or county of origin and shall be acceptable to the Hawaii state department of health.

(2) Each certified shipper shall be listed on the current issue of the Interstate Certified Shellfish Shippers List of the U.S. Public Health Service-Food and Drug Administration.

(b) Storage of shellfish

(1) Dry storage. Shellfish shall be kept in storage in their original containers properly refrigerated at a temperature of at least 45°F (7°C). Shellstock shall be kept at least four inches off the floor.

(2) Wet storage.

(A) Wet storage shall not be practiced without written approval from the department. The request for an approval shall include a sketch drawn to scale showing the location of the storage area, water source and all potential hazards to which the stored shellfish might be exposed.

(B) Approval shall be immediately terminated if any health hazard is deemed to exist.

(C) Water storage of shellfish in fill-and-draw tanks continuously recirculated, may be practiced provided the following conditions are met:

(i) Tanks are constructed of easily cleaned material and supplied with water of salinity approximately equal to that of the waters in which the shellfish were grown originally.

(ii) An approved treatment system shall be used to treat the water to meet approved growing area standards.

(iii) Water used in the tanks shall be refrigerated to a temperature of 45°F (7°0) or less

(iv) The sidewalls of such tanks shall extend at least three feet above the surrounding floor level to protect the shellfish from contamination.

(v) Tanks shall be maintained in a clean and sanitary condition at all times.

(vi) The operator of such holding tanks shall provide samples of waters and shellfish meats for laboratory analysis as requested by the department.

(c) Retailing and wholesaling of shellfish.

(1) The department shall maintain a shellfish receiver agency program aimed at protecting the health of the public by the following means:

(A) Identify inventory and make periodic inspections of various wholesale and retail dealers in the State of Hawaii.

(B) Certify all shippers shipping shellfish intrastate or interstate according to their activities as reshipper, repacker, shellstock shipper, or shucker-packer, and if appropriate, place them on the U.S. Interstate Shellfish Shippers List.

(C) Develop the laboratory and inspection capabilities to sample shellfish from certified shippers arriving at wholesale markets periodically.

(D) Laboratory results of samples which are below market standards (see next section) shall be forwarded to the regional food and drug administration office and to the appropriate state control agency as quickly as possible for corrective action.

(E) If violations are found in two successive samples from the same shipper, future shipments by this shipper shall not be allowed into Hawaii until the department is satisfied that the problems at the point of origin have been eliminated.

(2) The following standards shall apply to all certified shellfish meat at the market level:

(A) Satisfactory-A fetal coliform density of not more than two hundred thirty MPN per one hundred grams and a 35°C aerobic plate count (APC) of not more than five hundred thousand per gram of sample will be acceptable.

(B) Conditional-A fecal coliform density of more than two hundred thirty MPN per one hundred grams or 35°C aerobic plate count of more than five hundred thousand per gram shall constitute a conditional sample and may be rejected by the department.

(C) Shellfish found to contain human pathogens shall not be sold.

(D) Any shellfish found to be adulterated, e.g., decomposed gaping, shall not be marketed and shall also be subject to the requirements of § 11-35-13(c)(6).

(3) Shellfish shall be displayed for retain sale in a refrigerated area at a temperature of 45°F (7°C) or less or on ice. If ice is used, it shall be made from potable water and manufactured, stored, transported and/or handled in a sanitary manner. Adequate drainage shall be provided.

(4) If shellstock are repacked into trays for retail sale, a label shall accompany each tray with the following information:

(A) Name of product.

(B) Weight statement.

(C) Name of distributor or packer and his address.

(5) Adequate records shall be kept by wholesalers and retailers to verify the source of the shellfish being sold.

(6) Mislabeled, adulterated or uncertified shellfish may be subject to embargo and possible seizure in accordance with § 328-25, HRS.

Notes

Haw. Code R. § 11-35-13

[Eff SEP 18 1981] (Auth: HRS §§ 321-9, 321-10, 321-11, 328-21) (Imp: HRS §§ 321-11, 328-21)