Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5L - Division of Aquaculture › Chapter 5L-1 - THE COMPREHENSIVE SHELLFISH CONTROL CODE › Section 5L-1.004 - Production and Market Standards

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Shellfish offered for sale at the wholesale market level shall be deemed to be
				"adulterated" as defined in subsection
				5L-1.002(1),
				F.A.C., and Section 500.10, F.S., and will be
				subject to rejection or seizure by the Department when it exceeds the following
				bacteriological criteria. Fecal coliform density of not more than 230 MPN per
				100 grams; and a 35 ºC plate count of not more than 500, 000 per
				gram.
(2) Shucked and packed
				shellfish shall not contain more than 15% by volume of free liquor until the
				product reaches the consumer.
(3)
				No shucked shellfish shall be sold, offered for sale, processed, packed, or
				repacked after the "Sell By" date as defined in paragraph
				5L-1.007(1)(a),
				F.A.C.
(4) No frozen shellfish
				products shall be thawed to be processed or sold as fresh shellfish products.
				Thawed frozen shellfish shall be labeled as "previously frozen" in accordance
				with Rule 5L-1.007, F.A.C.
(5) Shellfish having undergone a depuration
				process shall not be released for sale prior to laboratory analysis and
				approval by the plant supervisor or representative. Shellfish shall not be
				released if the geometric mean of three samples exceeds a fecal coliform MPN of
				45 per 100 grams of sample, or if any sample's fecal coliform MPN exceeds 100
				per 100 grams of sample.
(6) The
				use of the elevated temperature coliform plate count is authorized for the
				bacteriological evaluation of hard clams, Mercenaria spp. only from a
				depuration facility.
(7) Should the
				Department suspect contamination of shellfish by metallic ions and compounds,
				pesticides, detergents, radionuclides, marine toxins, or any toxic substance or
				adulterate, the Department shall require that shellfish meat be analyzed for
				such contaminants before suspect shellfish are released for sale.
(8) Shellfish or shellfish products
				determined to be adulterated, or misbranded shall be subject to recall by the
				certified shellfish dealer responsible for distribution of the products. For a
				first time offense, the Department will apply mitigation measures. Mitigation
				measures include on-the-spot correction and reconditioning. For repeat
				violations the Department shall issue an order to stop the sale or to condemn,
				and destroy, shellfish or shellfish containers found to be adulterated,
				misbranded, or found to be held in non-compliance with any of the provisions of
				this chapter. Reconditioning shall be a mitigation option only if the products
				will meet the safety standards of Rule
				5L-1.004, F.A.C., and the
				labeling standards of Rule
				5L-1.007, F.A.C. Stop sale,
				condemnation, or reconditioning of products or containers shall be based on
				individual conditions found during inspections and shall be conducted using a
				Seizure and Destruction Order (FDACS-15001, Revision 12/16), herein
				incorporated by reference, and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06995
,
				or may be obtained by contacting the Division of Aquaculture, Holland Building,
				600 South Calhoun Street, Suite 217, Tallahassee, Florida
				32399.
Rulemaking Authority 500.09, 597.020 FS. Law Implemented
					 500.10, 500.172, 597.020 FS.
New 1-4-87, Amended 8-10-88, 7-9-89, Formerly 16R-7.006,
					 Amended 7-3-95, 5-8-96, 2-6-97, Formerly 62R-7.006, Amended 8-9-00, 5-29-02,
					 3-23-17, 9-5-19.