Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0421 - Biotoxin Management Zone: Cape Blanco to California Border

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application.
			 This rule applies to commercial fishing and commercial landings regulated by
			 the Oregon Department of Fish and Wildlife pursuant to Oregon Revised Statutes
			 (ORS) Chapter 509, to licensed food processors regulated by the Oregon
			 Department of Agriculture pursuant to ORS Chapter 616, and to any person,
			 wholesaler or food processor that purchases or receives crab harvested in the
			 area from Cape Blanco (42° 50.00' N. Lat.) southward to the California
			 border (42° 00.00' N. Lat.) after 12:01 am February 1, 2019.
(2) Definitions. For the purposes of this
			 rule, unless the context requires otherwise:
(a) "Biotoxin management zone" means one or
			 more harvest areas that, in order to protect public health from domoic acid
			 concerns, has been either closed to crab harvest or where take of crab for
			 commercial purposes has been prohibited unless it is processed in accordance
			 with Section 3 of this rule. Biotoxin management zones may include areas with
			 sample results above and below biotoxin thresholds in order to provide a buffer
			 to protect public health.
(b) "Crab
			 sample set" means all whole crab collected for pre-season testing, routine
			 monitoring, or during a restriction or closure, during a specific sample
			 gathering event from multiple depths within a harvest area.
(c) "Crab" means Dungeness crab (Cancer
			 magister or Metacarcinus magister) harvested and sold for commercial purposes
			 from waters of this state or the Pacific Ocean off Oregon.
(d) "Eviscerate" or "Evisceration" means the
			 common processor's action of removing and discarding the entire intestinal
			 tract, hepatopancreas, all associated abdominal organs.
(e) "HACCP Plan" means a hazard analysis
			 critical control point plan as described in
			 21
			 CFR §
										123.6 (2016).
(f) "Harvest area" means a section of waters
			 of this state or the Pacific Ocean off Oregon delineated for crab traceability
			 purposes. Harvest area boundaries will be delineated on a map available from
			 ODFW.
(g) "Land", "Landed" or
			 "Landing" means either of the following:
(A)
			 For fisheries where food fish were taken by use of a vessel, "land, landed or
			 landing" means to begin transfer of food fish from a vessel. Once transfer
			 begins, all food fish on board the vessel are counted as part of that
			 landing.
(B) For fisheries where
			 food fish were taken without use of any vessel, "land, landed or landing" means
			 to begin transfer of food fish from a harvester to a wholesale fish dealer,
			 wholesale fish bait dealer, or food fish canner, under which the following
			 provisions apply:
(i) When the harvester and
			 the wholesale fish dealer, wholesale fish bait dealer, or food fish canner are
			 the same person or entity, transfer occurs when the food fish arrive at the
			 licensed premises of the wholesale fish dealer, wholesale fish bait dealer, or
			 food fish canner; and
(ii) Once
			 transfer begins, all food fish from the harvest area are counted as part of
			 that landing.
(h) "Processor" means any person engaged in
			 commercial, custom, or institutional processing of fish or fishery products, in
			 Oregon, in another state, or in a foreign country. A processor includes any
			 person engaged in the production of any foods that are to be used in market or
			 consumer tests.
(i) "Processing"
			 means handling, storing, preparing, heading, eviscerating, freezing, changing
			 into different market forms, manufacturing, preserving, packing, labeling,
			 dockside unloading or holding.
(j)
			 "Sell" includes to offer or possess for sale, barter, exchange or
			 trade.
(k) "Wholesaler" means any
			 person who buys crab that is subject to these rules for resale to retailers,
			 other merchants, or industrial, institution, and commercial users for resale or
			 business use.