department finds during an inspection that any owner or person working on
behalf of a shellfish operation fails to comply with any requirements of
RCW, this chapter,
or the NSSP Model Ordinance, then the department may issue a written statement
of deficiencies or notice of correction to the owner, person in charge, or
other employee of the operation who is present.
(a) The statement of deficiencies or notice
of correction specifies the manner in which the operation fails to comply with
69.30 RCW and these rules.
It specifies a reasonable period of time for the owner or person in charge to
correct the violation(s).
the event the owner or person in charge fails to correct the violation(s)
specified in the statement of deficiencies, the department may revoke the
license and certificate of compliance for that shellfish operation or may
initiate any other enforcement proceeding authorized by law.
Any authorized representative
of the department, fish and wildlife patrol officer or ex officio patrol
officer may, without previously providing a statement of deficiencies,
immediately seize shellfish or issue written hold orders prohibiting the
disposition or sale of shellfish whenever a commercial quantity of shellfish or
any amount of shellfish for sale for human consumption is on the premises of,
or in the possession of, any person who:
Fails to display an original or photocopy of a valid shellfish operation
(b) Is reasonably expected
to have harvested the shellfish and fails to display an original or photocopy
of a valid shellfish operation license and a valid harvest site certificate;
(c) Fails to maintain each
container of shellfish properly tagged or labeled as required by
69.30 RCW, these rules,
and the NSSP Model Ordinance.
If the department determines during an
inspection or investigation that there is reasonable cause to believe that
shellfish is potentially unsafe for human consumption, then the department may
issue a hold order prohibiting the disposition or sale of the shellfish pending
further investigation by the department of the safety of the shellfish.
(a) The department must complete its further
investigation within ten days.
At the conclusion of the investigation, the department may release the
shellfish for sale or issue a written abatement order regarding the
Any person in
possession of shellfish for which the department has issued a hold order must
store the shellfish in a suitable place prescribed by the department and
prevent the shellfish from being offered for human consumption or other use
(i) The hold order is lifted by the
department or by a court of competent jurisdiction; or
(ii) The person disposes of the shellfish in
accordance with an abatement order issued by the department.
Shellfish that the
department seizes or places under a hold order and determines are unsafe for
human consumption are subject to such abatement as the department considers
appropriate. The department may require any one or more of the following
measures be taken by a person in possession of shellfish that are the subject
of an abatement order:
prohibition on the disposition of the shellfish for human
destruction of the shellfish by measures such as denaturing and placing in a
sanitary landfill, witnessed by an authorized representative of the department
who provides a record of destruction to the person; or
(c) Temporary prohibition on the disposition
of the shellfish for human consumption pending relay to an approved growing
area for a sufficient period of time to assure natural purification of the
secretary may issue an abatement order to the owner or person in charge of a
shellfish operation whenever the department, after conducting an appropriate
investigation, determines that a shellfish operation, or person working on
behalf of a shellfish operation, presents a potential risk for transmitting an
infectious disease to consumers of shellfish.
The secretary may require any or all of
the following measures be taken by the owner or person in charge of a shellfish
operation who is issued the abatement order:
(i) Immediate closure of the shellfish
operation until, in the opinion of the secretary, no further danger of a
disease outbreak exists;
Immediate exclusion of any person suspected to be infected with a disease agent
transmissible through food from all activities with the shellfish operation;
(iii) Restriction of the
activities of any person who is suspected to be infected with a disease agent
transmissible through food to some area of the shellfish operation where there
would be no danger of the person transmitting disease agents to shellfish
(b) As an
alternative to the abatement order described in this section, the secretary may
require the owner, or any person working on behalf of the shellfish operation
to submit to adequate medical and laboratory examinations, including
examination of their bodily discharges as needed to determine if the person is
infected with a microbial agent transmissible through food.
(6) No person may remove or alter
a notice or tag constituting a hold order or abatement order placed on
shellfish by the department.
person may relabel, repack, reprocess, alter, dispose of, destroy, or release
shellfish or containers of shellfish for which the department has issued a hold
order or abatement order without:
Permission of the department; or
(b) An order by a court of competent
(8) If the
owner or person in charge of a shellfish operation fails to comply with a hold
order or an abatement order issued according to this section, then the
department may revoke the license of the shellfish operation or initiate other
legal enforcement proceedings authorized by law.