Haw. Code R. § 11-35-3 - Shellfish permit
The regulations governing the requirements for shellfish certification in their several forms (shucker-packer, shell stock-shipper, reshipper, repacker) in the State of Hawaii shall equal or exceed the requirements set forth by the Food and Drug Administration of the U.S. Department of Health and Human Services, and the National Shellfish Sanitation Program.
(a) No person in the State of
Hawaii shall operate a plant or business engaged in growing, harvesting,
shucking, packing, repacking, or reshipping fresh or fresh-frozen shellfish for
sale to the public for human consumption without a valid permit issued by the
department.
(b) Applications for
permit shall be filed with the department. Each application, if necessary,
shall be accompanied with sufficient written data, drawings and descriptions
for the department to evaluate the operation relative to the provisions of this
chapter.
(c) Authority of
department to revoke or suspend a permit.
(1)
Each permit issued pursuant to these regulations may be revoked or suspended by
the department in accordance with Chapter 91, HRS, if for any reason the safety
of the shellfish as an article of food is not assured or if the standards set
forth herein are not met, or if the permit was obtained by misrepresentation,
or omission of relevant information.
(2) A permit which has been previously
denied, revoked or suspended, may be issued, reissued or reinstated, if
violations are subsequently cleared or corrected to the satisfaction of the
director.
(d) A permit
issued under these regulations shall be valid for a period not to exceed one
year or a portion thereof, with automatic expiration on June 30 of each year.
An application for renewal of a permit shall be made on or before June 1.
Permits are not transferable.
(e)
Each permit holder shall notify the department immediately by telephone if
there is any report or knowledge of contamination of his shellfish or of
suspected illness from consumption of his shellfish. The harvesting,
distribution and sale of shellfish shall cease immediately pending review of
the safety of the product and approval by the department to resume
operations.
(f) A person who
exports shellfish certified by the department shall be listed on the Interstate
Certified Shellfish Shippers List of the U. S. Public, Health Service, Food and
Drug Administration.
Notes
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