A. Commingling of shellstock is
prohibited.
B. Enhanced Retail
Seafood license holders may not conduct wet storage activities. Wet storage of
shellstock is prohibited, except by certified dealers pursuant to a current
permit issued by the Department in accordance with Chapter 15.
C. Shellstock received by an enhanced retail
seafood license holder shall be tagged with the harvester tag pursuant to
Chapter 9.06 or certified dealer's tag pursuant to Chapter 15.18. All tags
shall be maintained on file for 90 days and shall be kept in chronological
order correlated to the date when, or dates during which the shellstock were
sold or served, pursuant to the
Maine Food Code 3-203.12
(Shellstock, Maintaining Identification). For reference, the
Maine Food
Code, 10-144 CMR Chapter 200 is available on the web at:
http://www.maine.gov/sos/cec/rules/10/144/144c200.docx.
D. For purposes of this chapter the
definitions in Chapter 15 shall apply.
E. Activities are limited to retail sales
only from the enhanced seafood license holder's fixed facility. Interstate
commerce is prohibited in accordance with
12 M.R.S.
§6601 sub-§ 2.
F. All enhanced retail seafood license
holders will be inspected prior to license issuance and on a random
basis.
G. An enhanced retail
seafood license holder's establishment shall have a potable water supply from
an approved source that meets the standards of Chapter 5 of the Maine
Food Code ("Water, Plumbing and Waste").
H. The Vibrio parahaemolyticus Control Plan
(the "Vibrio Control Plan" or the "Control Plan") in Chapter 115 applies
specifically to American and European Oysters (
Crassostrea
virginica and
Ostrea edulis) and Hard Clams
(
Mercenaria mercenaria) harvested from the areas described in
Chapter 115.02. The Control Plan provides additional and more rigorous controls
than those imposed by DMR Rules Chapters 9, 15, 16, 17, 18, 19, 20 and 22 to
the handling of American and European Oysters and Hard Clams in the affected
areas. Insofar as the Control Plan time and temperature requirements exceed
those imposed by existing rules or are in addition to those imposed by existing
rules, the relevant provisions of the Control Plan shall supersede the
provisions of Chapters 9, 15, 16, 17, 18, 19, 20 and 22.
The Control Plan shall be complied with during the harvesting
and handling of the above-described species, as conducted by harvesters,
certified shellstock dealers, certified shellfish establishments (sometimes
referred to as shellfish facilities or plants), shucker-packers, shellstock
shippers and receivers, reshippers, depuration processors, enhanced retail
seafood license holders and all others involved in the processes described in
Chapters 9, 15, 16, 17, 18, 19, 20 and 22.
