Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0423 - Biotoxin Management Zone: Bandon 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 whole crab harvested in the area from Cape
			 Blanco (42° 50' N. Lat.) to Gold Beach (42° 26' N. Lat.)between 12:01
			 am February 11, 2019 and 11:59 pm March 25, 2019 and from Bandon (43° 07'
			 N. Lat.) to Cape Blanco (42° 50' N. Lat.) between 12:01 am February 14,
			 2019 and 11:59 pm March 25, 2019 and from Gold Beach (42° 26' N. Lat.)
			 southward to the California border (42° 00.00' N. Lat.) between 12:01 am
			 February 14, 2019 and 11:59 pm March 21, 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.