15A NCAC 18A .3625. SEAFOOD

(a)  In Resident Camps, all shellfish and crustacea meat shall be obtained from sources in compliance with 15A NCAC 18A .0300 through .0900 which may be obtained from the Department.  If the source of clams, oysters, or mussels is outside the state, the shipper's name shall appear on the "Interstate Certified Shellfish Shippers List" as published monthly by the Shellfish Sanitation Branch, Food and Drug Administration.  If the source of the cooked crustacea meat is within the United States, the processor's name, address, and certificate number with State abbreviation shall appear on the container.  If the source of the cooked crustacea meat is outside the United States, containers must meet Federal labeling requirements, Food and Drug Administration, HHS Food Labeling requirements, 21 CFR Chapter 1, Part 101-Food Labeling.

(b)  All shucked shellfish shall be stored in the original container.  Each original container shall be identified with the name and address of the packer or repacker, and the certification number, and the abbreviated name of the state or territory.  Shucked shellfish unit containers shall be dated in accordance with 15A NCAC 18A .0600.

(c)  All shellstock shall be stored in the containers in which packed at the source.  Each original container shall be identified with a uniform tag or label bearing the name and address of the shipper, the certificate number issued by the state or territory regulatory authority, the abbreviated name of the state, the name of the waters from which the shellfish were taken, the date of harvest, the kind and quantity of the shellstock in the container, and the name and address of the consignee.

(d)  Shellstock shall be stored at temperatures and by methods in accordance with 15A NCAC 18A .0427.  The re-use of single-service shipping containers and the storage of shucked shellfish in other containers are not allowed.

(e)  After each container of shellstock has been emptied, the management shall remove the tag and retain it for a period of at least 90 days.

(f)  With the exception of opening shellfish for immediate consumption on the premises, no shellfish shucking shall be performed unless the resident camp holds a valid shellfish shucking permit issued by the department.

(g)  Shellstock washing facilities shall consist of a mechanical shellfish washer, or a sink or slab with catch basin, indirectly drained into a sewage collection, treatment, and disposal system.  The washing shall be done in a clean area, protected from contamination.  A can wash facility shall not be used for the washing of shellstock or other foods.

(h)  The cooking of shellfish shall be accomplished in an area meeting the requirements of the rules of this Section.

(i)  Re-use of shells for the serving of food is prohibited.  It shall not be considered reuse to remove a shellfish from its shell and return it to that same shell for service to the public.  Shells shall be stored in a manner to prevent flies, insects, rodents, and odors.

(j)  All resident camps that prepare, serve, or sell raw shellfish shall post in a conspicuous place where it may be readily observed by the public prior to consumption of shellfish, the following consumer advisory:

 

"Consumer Advisory

Eating raw oysters, clams, or mussels may cause severe illness.  People with the following

conditions are at especially high risk: liver disease, alcoholism, diabetes, cancer, stomach or

blood disorder, or weakened immune system.  Ask your doctor if you are unsure of your risk.

If you eat shellfish and become sick, see a doctor immediately."

 

(k)  Cooked crustacea meat shall be held at 40° F or less.

 

History Note:        Authority G.S. 130A-235; 130A-248;

Eff. October 1, 2007.