13-188 C.M.R. ch. 94, § 12 - Embargo Procedure for Shellfish

A. In the event that the Commissioner or his agent determines that shellfish should be embargoed, whether for violation of any requirement of the Model Ordinance or for any other reason set forth in 12 M.R.S. §6856(6), the shellfish shall be identified and shall not be sold, shipped, transported, moved or otherwise altered by any person, without the express permission of the Commissioner or his agent.

B. Every single container or lot of shellfish subjected to embargo will be clearly identified.The Commissioner shall retain a copy of all current embargo orders or destruct orders, which includes the amount, species, container or lot description, name and address of the shellfish owner and the reason for embargo. A copy of such orders containing this information shall be given to the owner of the embargoed shellfish.

C. It shall be unlawful to pack shellfish, whether shucked or in shellstock form into mislabeled containers, or to possess mislabeled shellfish. Shellfish shall be considered mislabeled if the label is absent, bears inaccurate information, or is missing information concerning the identity of the packer, shipper, distributor, the area name, the date of harvest, the date of packing or the type and quantity of shellfish in the container.

D. Shellfish that are mislabeled shall be grounds for immediate embargo, condemnation and destruction as being of unsound or unknown quality, and therefore, unsafe.

E. When shellfish samples indicate that those shellfish contain toxin levels exceeding those specified in the Model Ordinance, or the shellfish are suspected of being contaminated or of unsound quality or deleterious to the public health, the Commissioner shall embargo the contaminated shellfish; as well as any other shellfish which are likely to be contaminated in the same vehicle or facility. The Commissioner shall condemn and order destruction of such shellfish in accordance with the embargo authority granted to the Commissioner of Marine Resources in 12 M.R.S. §6856(6).

Notes

13-188 C.M.R. ch. 94, § 12