13-188 C.M.R. ch. 94, § 06 - Prohibited Acts - Dealers

A. It is unlawful for the holder of a shellfish certificate issued pursuant to 12 MRS6856 to receive, buy, hold, wash, pack, tag or label shellstock in any location other than the permanent facility for which the holder's certificate has been issued.

Exception. Certified dealers holding a buying a station permit may purchase shellfish from licensed harvesters at locations other than the permanent facility for which the holder's certification was issued. The purchase of soft shelled clams at locations other than the permanent facility for which the holder certification was issued requires a buying station permit issued pursuant to §6856 sub-§2-A (D).

B. It is unlawful to buy or possess shellfish obtained from any source other than shellstock harvested by a licensed harvester from an area classified by the Department as approved or conditionally approved in the open status; or a dealer holding a shellfish certificate.

1. Exception: The holder of a depuration certificate or a relay permit from the Department may buy, ship, transfer or transport shellfish from an area classified as restricted or conditionally restricted in accordance with certificate or permit conditions.

2. Exception: The holder of an aquaculture lease or license may buy or possess seed from growing areas in the prohibited classification provided the seed does not exceed the maximum seed size definitions as established in Chapter 2.

C. It is unlawful to receive, handle, buy, possess, sell, ship or transport shellfish unless each container of shellfish bears a label or tag as required by the Model Ordinance.

Exception: Holders of a bulk tagging permit issued by the Department may bulk tag product.

D. It is unlawful for any person, other than the depuration certificate holder or an authorized representative, to possess seals issued by the Department for depuration harvesting purposes.

Notes

13-188 C.M.R. ch. 94, § 06