Or. Admin. Code § 635-006-0201 - Required Records for Dungeness Crab Traceability

(1) For the purposes of this rule, "Dungeness crab" means all Dungeness crab products whether live, cooked, or processed.

(2) For all Dungeness crab received the records required by OAR 635-006-0200 shall include the following additional information:

(a) Date(s) of landing; and

(b) Harvest area(s) as defined by the Department.

(3) All retail fish dealers, wholesale fish dealers, buyers, limited fish sellers, food fish canners, and shellfish canners shall keep a record of all Dungeness crab sold to any person or business other than the ultimate consumer. For the purposes of this rule, ultimate consumer does not include restaurants. This record shall include:

(a) Date of sale;

(b) Date(s) of landing;

(c) Amount of pounds sold;

(d) The name and phone number of the persons or businesses to whom Dungeness crab were sold; and

(e) Harvest area(s) as defined by the Department.

(4) Harvest areas are defined by latitudinal boundaries found on the Dungeness Crab Harvest Area Map located at http://www.dfw.state.or.us/MRP/shellfish/commercial/crab/commercial_crab_harvest_areas.asp (dated 10/15/2021), and that document is hereby incorporated into this rule by reference.

(5) It is unlawful for records required by OAR 635-006-0200 to include any harvest area, individually or within a range, other than those harvest areas from which Dungeness crab were taken unless the Dungeness crab has been processed to remove the viscera. Notwithstanding the foregoing, in the event that Dungeness crab from different harvest areas are comingled and subsequently separated for repackaging, records for the repackaged Dungeness crab may include all harvest areas from which Dungeness crab were originally taken and comingled prior to the repackaging.

(6) Dungeness crab taken from different harvest areas may be comingled by any entity required to keep harvest area records by section (1) or (2) of this rule as long as records from the time of comingling forward include every harvest area from which the comingled Dungeness crab were taken.

(7) The records required in this rule shall be:

(a) Subject to inspection by the Director, the Director's authorized agent, the Oregon Department of Agriculture, or the Oregon State Police;

(b) Prepared and available at the time Dungeness crab are transferred to the premises of the buyer, regardless of whether sold or not;

(c) Retained for a period not less than three years, at a location within Oregon where the record is to be available for inspection as designated in section (7)(a) of this rule. Notice of the physical location is to be provided to the Department.

(d) Written in the English language.

Notes

Or. Admin. Code § 635-006-0201

DFW 144-2017, temporary adopt filed 11/01/2017, effective 12/01/2017 through 05/29/2018; DFW 55-2018, adopt filed 05/02/2018, effective 5/29/2018; DFW 10-2021, temporary amend filed 02/10/2021, effective 02/10/2021 through 08/06/2021; DFW 9-2022, amend filed 02/04/2022, effective 2/5/2022

Publications referenced are available from the Department.

Statutory/Other Authority: 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535

Statutes/Other Implemented: 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535