An Act Regarding the Tagging and Sale of Shellfish
Maine Legislature, Session 129, LD 1745
Committee: Marine Resources
Sponsors: McCREIGHT
Amends: 12 MRSA §6625, 12 MRSA §6810-B, 12 MRSA §6856

Legislative Document
No. 1745
H.P. 1244
House of Representatives, May 16, 2019
An Act Regarding the Tagging and Sale of Shellfish
Submitted by the Department of Marine Resources pursuant to Joint Rule 204.
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6625, sub-§1, as amended by PL 2005, c. 434, §5, is further 
amended to read:
1.  Tagging required.  The holder of a commercial shellfishing license issued under 
section 6601, 6731, 6732, 6745 or, 6746 or 6810-B shall identify shellstock the license 
holder has taken by means of a harvester's tag.  The tag must be consistent with the 
format required by the department under rules adopted to meet this requirement.  Each 
container of shellstock must be tagged in accordance with department rules.  The tag 
must accompany the harvested product while the product is in wholesale or retail 
commerce within the State.
Sec. 2.  12 MRSA §6810-B, sub-§4, as enacted by PL 2017, c. 296, §9, is 
amended to read:
4.  Licensed activities; shellfish.  The holder of an aquaculture license or authorized 
representative of the holder of an aquaculture license may remove, possess, transport 
within the state limits or sell to a wholesale seafood license holder certified under section 
6856 or an enhanced retail certificate holder under section 6852, subsection 2-A cultured 
shellfish the holder has removed from the leased area described in the holder's lease 
issued under section 6072, 6072-A or 6072-B or cultured shellfish the holder has cultured 
pursuant to a license issued under section 6072-C or under Title 7, section 1501.  Such a 
holder of an aquaculture license may also sell such shellstock from that license holder's 
home in the retail trade.  A holder of an aquaculture license who is also the holder of a 
lease issued under section 6072 or 6072-A or that holder's authorized representative may 
sell such shellstock from the holder's lease site in the retail trade.  The department shall 
establish by rule a means to identify personnel and authorized representatives operating 
under the authority of such a license holder.  Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3.  12 MRSA §6856, sub-§1, as amended by PL 2017, c. 224, §2, is further 
amended to read:
1.  Shellfish sanitation certificate.  A person may not undertake the processing, 
buying, selling, shipping, transporting or shucking of shellfish or whole scallops without 
a shellfish sanitation certificate issued by the department or a valid, current certificate 
issued by a jurisdiction recognized by the Interstate Shellfish Sanitation Conference or 
successor organization, unless authorized under section 6701 or 6702.  A person may 
engage in activities only to the extent authorized by the certificate held by the person.  
The commissioner may issue a shellfish sanitation certificate to a wholesale seafood 
license holder or a shellfish transportation license holder that authorizes the holder to 
undertake the activities expressly authorized therein, which may include buying and 
selling, shipping, transporting, shucking or other processing of shellfish or whole 
scallops.  A wholesale seafood license or shellfish transportation license is also necessary 
to undertake the activities authorized under those licenses.  A shellfish sanitation 
certificate does not authorize a person to undertake any of the activities for which a 
permit is required pursuant to subsection 2-A.  Beginning June 1, 2018, the fee for a 
shellfish sanitation certificate is $50.
Sec. 4.  12 MRSA §6856, sub-§2-A, ¶D, as enacted by PL 2017, c. 224, §2, is 
amended to read:
D.  A person may not use a vehicle to transport soft-shelled clam shell stock 
shellstock purchased at a location other than the establishment or vehicle authorized 
under the license without a shellfish buying station permit. Beginning June 1, 2018, 
the fee for a shellfish buying station permit is $100.
SUMMARY
This bill makes changes to the laws governing shellfish sales and handling to ensure 
compliance with the National Shellfish Sanitation Program in the protection of public 
health and to create additional flexibility in shellfish sales.  The bill:
1.  Requires a person who holds an aquaculture license to tag that person's shellfish in 
accordance with Department of Marine Resources rules;
2.  Expands the buying station permit to include other species of shellfish besides 
soft-shelled clams, including mussels, quahogs and oysters; 
3.  Allows aquaculture license holders to sell shellfish to an enhanced retail certificate 
holder in addition to a wholesale seafood license holder;
4.  Requires a person who holds a land-based aquaculture license to acquire an 
aquaculture license to sell shellfish from the person's land-based aquaculture facility; and
5.  Clarifies that a shellfish sanitation certificate issued by a jurisdiction recognized 
by the Interstate Shellfish Sanitation Conference allows a person to process, buy, sell, 
ship, transport or shuck shellfish or whole scallops.