13-188 C.M.R. ch. 94, § 11 - Permits
A.
Bulk Tagging of Shellstock
Permit
1. A person may not handle,
ship, transport, or process shellfish in bulk without a current bulk tagging
permit issued by the Department.
2.
To obtain a bulk tagging permit, a person must apply on an annual basis to the
Department on forms supplied by the Commissioner and must provide all
information required.
3. When
receiving bulk tagged shellfish, the certified dealer must have a Bulk Tagging
Plan approved by the Department.
4.
A dealer receiving bulk tagged shellstock must have an intermediate processing
plan approved by the Department.
5.
Bulk Tagging permits expire April 1st unless an
earlier expiration date is given.
B.
Wet Storage in Artificial Bodies of
Water or in Natural Bodies of Water (Onshore or Offshore) Permits
1. A person may not wet store shellfish
without a current wet storage permit issued by the Department.
2. To obtain a wet storage permit, a person
must apply to the Department on an annual basis on forms supplied by the
Commissioner and must provide all information required. A permit is required
for each wet storage site or operation.
3. Prior to commencing construction, all
plans for construction or remodeling of onshore wet storage facilities or
operations shall be reviewed and authorized by the Department.
4. Wet storage permits expire April
1st unless an earlier expiration date is
given.
C.
Buying
Station Permit
1. A person may not
operate a buying station without a current buying station permit issued by the
Department.
2. To obtain buying
station permit, a person must apply to the Department on an annual basis on
forms supplied by the Commissioner and must provide all information required. A
permit is required for each buying station operation.
3.
Compliance
(a) The vehicle used as a buying station must
be leased, owned or rented by the certified dealer and licensed with the
appropriate supplemental license for that vehicle in accordance with 12 M.R.S.
§6851.
(b) The vehicle must be
properly constructed, operated and maintained to prevent contamination,
deterioration and decomposition of the shellstock in compliance with applicable
regulations and requirements of the Model Ordinance. Water used for sanitation
of the vehicle must be from an approved water source at the certified dealer's
permanent facility.
(c) The vehicle
must have a mechanical refrigeration unit, an onboard thermometer and a
time/temperature data logger that can be downloaded for review by the
Department. The mechanical refrigeration unit must always be operating during
the buying station activity and until the vehicle is returned to the permanent
facility. The ambient air temperature can exceed the required temperature of
45°F degrees for a period no longer than 2 hours, after which the vehicle
air temperature must reach and maintain 45°F.
(d) The buying station representative must
maintain a buying station activity log including, but not limited to, the date
and time of purchase, area harvested, names of all harvesters and their
shellfish harvester's license number, the date and time of harvest, the
quantity of shellstock purchased from each harvester and the temperature inside
the conveyance at the start and conclusion of activity at each buying location
and upon return to the dealer's permanent facility.
(e) All shellstock purchased at the buying
station must be transported by the certified dealer to the permanent facility
for which that holder's certification was issued.
(f) None of the following activities may
occur on or in connection with a buying station: washing of shellstock,
packing, tagging, distribution to any person or entity other than the certified
dealer's facility.
(g) The HACCP
plan and HACCP records must be kept with the vehicle. A copy of the HACCP plan
and records that apply to the buying station/vehicle must be separately
identified and kept with the buying station/vehicle.
4.
Supervision
(a) The holder of a shellfish certificate
shall be responsible for the supervision of all activities associated with the
buying station permit.
(b)
Supervision of all buying station activities shall be sufficient to ensure
compliance with applicable regulations and requirements of the Model
Ordinance.
(c) Lack of supervision
and responsibility for the buying station permit, including the non-production
of records required to be maintained, shall be grounds for immediate suspension
of the permit.
5. Buying
station permits expire April 1st unless an earlier
expiration date is given.
D.
Shellfish Relay Permit
1. A person may not relay shellfish without a
permit issued by the Department.
Exception: The relay of seed as described in Chapter 2.90(3)(D)(3) will not require a permit provided the seed is held in an area classified as approved or conditionally approved in the open status for the time specified in the Model Ordinance.
2. To obtain a permit to relay shellfish, a
person must apply to the Department on forms supplied by the Commissioner and
must provide all information required.
3. Relay permit applications will be reviewed
and issued based on the applicant's ability to meet the criteria for safe relay
operations.
4. The permit may be
conditioned at the discretion of the Department.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. Bulk Tagging of Shellstock Permit
1. A person may not handle, ship, transport, or process shellfish in bulk without a current bulk tagging permit issued by the Department.
2. To obtain a bulk tagging permit, a person must apply on an annual basis to the Department on forms supplied by the Commissioner and must provide all information required.
3. When receiving bulk tagged shellfish, the certified dealer must have a Bulk Tagging Plan approved by the Department.
4. A dealer receiving bulk tagged shellstock must have an intermediate processing plan approved by the Department.
5. Bulk Tagging permits expire April 1st unless an earlier expiration date is given.
B. Wet Storage in Artificial Bodies of Water or in Natural Bodies of Water (Onshore or Offshore) Permits
1. A person may not wet store shellfish without a current wet storage permit issued by the Department.
2. To obtain a wet storage permit, a person must apply to the Department on an annual basis on forms supplied by the Commissioner and must provide all information required. A permit is required for each wet storage site or operation.
3. Prior to commencing construction, all plans for construction or remodeling of onshore wet storage facilities or operations shall be reviewed and authorized by the Department.
4. Wet storage permits expire April 1st unless an earlier expiration date is given.
C. Buying Station Permit
1. A person may not operate a buying station without a current buying station permit issued by the Department.
2. To obtain buying station permit, a person must apply to the Department on an annual basis on forms supplied by the Commissioner and must provide all information required. A permit is required for each buying station operation.
3. Compliance
(a) The vehicle used as a buying station must be leased, owned or rented by the certified dealer and licensed with the appropriate supplemental license for that vehicle in accordance with 12 M.R.S. §6851.
(b) The vehicle must be properly constructed, operated and maintained to prevent contamination, deterioration and decomposition of the shellstock in compliance with applicable regulations and requirements of the Model Ordinance . Water used for sanitation of the vehicle must be from an approved water source at the certified dealer's permanent facility.
(c) The vehicle must have a mechanical refrigeration unit, an on board thermometer and a time/temperature data logger that can be downloaded for review by the Department. The mechanical refrigeration unit must always be operating during the buying station activity and until the vehicle is returned to the permanent facility. The ambient air temperature can exceed the required temperature of 45°F degrees for a period no longer than 2 hours, after which the vehicle air temperature must reach and maintain 45°F.
(d) The buying station representative must maintain a buying station activity log including, but not limited to, the date and time of purchase, area harvested, names of all harvesters and their shellfish harvester's license number, the date and time of harvest, the quantity of shellstock purchased from each harvester and the temperature inside the conveyance at the start and conclusion of activity at each buying location and upon return to the dealer's permanent facility.
(e) All shellstock purchased at the buying station must be transported by the certified dealer to the permanent facility for which that holder's certification was issued.
(f) None of the following activities may occur on or in connection with a buying station : washing of shellstock, packing, tagging, distribution to any person or entity other than the certified dealer's facility.
(g) The HACCP plan and HACCP records must be kept with the vehicle. A copy of the HACCP plan and records that apply to the buying station /vehicle must be separately identified and kept with the buying station /vehicle.
4. Supervision
(a) The holder of a shellfish certificate shall be responsible for the supervision of all activities associated with the buying station permit.
(b) Supervision of all buying station activities shall be sufficient to ensure compliance with applicable regulations and requirements of the Model Ordinance .
(c) Lack of supervision and responsibility for the buying station permit, including the non-production of records required to be maintained, shall be grounds for immediate suspension of the permit.
5. Buying station permits expire April 1st unless an earlier expiration date is given.
D. Shellfish Relay Permit
1. A person may not relay shellfish without a permit issued by the Department.
Exception: The relay of seed as described in Chapter 2.90(3)(D)(3) will not require a permit provided the seed is held in an area classified as approved or conditionally approved in the open status for the time specified in the
2. To obtain a permit to relay shellfish, a person must apply to the Department on forms supplied by the Commissioner and must provide all information required.
3. Relay permit applications will be reviewed and issued based on the applicant's ability to meet the criteria for safe relay operations.
4. The permit may be conditioned at the discretion of the Department.