Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.12 - Temperature Control of Shellfish

Current through June 14, 2024
A. General
				  requirements: Aquaculturists shall not allow shell stock to deteriorate or
				  decompose from exposure to excessive temperature and shall deliver shell stock
				  to a licensed dealer before such deterioration or decomposition
				  occurs.
B. Harvest of oysters and
				  quahogs annually from September 15 through June 30 inclusive: The maximum
				  allowable time between the harvest of shell stock and delivery to a dealer
				  shall be twelve (12) hours. Possession of shell stock by anyone other than a
				  licensed dealer in excess of twelve (12) hours is prohibited. This maximum
				  allowable time may be reduced by DEM, via Emergency Regulation, in certain
				  harvest areas if environmental changes necessitate such adjustment.
C. Harvest of oysters and quahogs annually
				  from July 1 through September 14 inclusive:
1.
				  All oysters and quahogs harvested shall be transferred to a licensed dealer
				  within five (5) hours of the commencement of harvest.
2. All harvested oysters and quahogs shall be
				  subject to shading immediately upon harvest.
3. All oysters and quahogs that are removed
				  from the water for less than twelve (12) hours for husbandry purposes must be
				  re-submerged for no less than forty-eight (48) hours before harvest.
4. All oysters and quahogs that are removed
				  from the water for twelve (12) hours or greater for husbandry purposes must be
				  re-submerged for no less than seven (7) days (one hundred sixty-eight (168)
				  hours) before harvest.
5. All
				  oysters and quahogs that are exposed to air drying must be resubmerged for no
				  less than seven (7) days (one hundred sixty-eight (168) hours) before
				  harvest.
6. All oysters and quahogs
				  harvested from a Designated Temperature Control or Thermally Impacted area
				  shall also be harvested in compliance with one (1) of the following
				  requirements:
a. Harvesters shall terminate
				  all harvest activities and all harvested oysters and quahogs must be
				  transferred to a dealer or placed in mechanical refrigeration or adequately
				  iced by 11:00 a.m. between the dates of July 1 and August 31 inclusive; and by
				  noon between September 1 and September 14 inclusive. Upon being placed in
				  mechanical refrigeration or adequately iced, oysters must remain under
				  temperature control until transferred to a licensed dealer.
b. Oysters and quahogs that are harvested
				  after the times specified in this section must be delivered to a licensed
				  dealer within two (2) hours of the commencement of harvest; or placed in
				  mechanical refrigeration or adequately iced within two (2) hours of the
				  commencement of harvest until the oysters and quahogs are transferred to a
				  licensed dealer with such transfer occurring no greater than five (5) hours
				  from the commencement of harvest.