Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 6 - Processing and Distribution of Shellfish › Section 216-RICR-50-10-6.3 - Licensure Requirements

Current through June 14, 2024
6.3.1
License for a Shellfish Business
A.
				  The provisions of R.I. Gen. Laws Chapter 21-14 and this Part shall not apply to
				  retail operators offering for sale to the consumer only shellfish which have
				  been obtained from persons licensed to operate a shellfish business.
B. No person shall conduct within the State
				  of Rhode Island any shellfish business until that person shall have obtained a
				  license from the Department and any and all necessary permits or licenses from
				  such agencies as the Department of Environmental Management (DEM), and in some
				  instances from the Coastal Resources Management Council (CRMC).
C. As a condition of initial and continued
				  licensure, shellfish businesses licensed in the State of Rhode Island shall
				  meet the requirements of  21 C.F.R. Part 123  (2012) entitled "Fish and Fishery
				  Products" (not to include later amendments thereof), where
				  applicable.
D. The Director shall,
				  upon receipt of application for a license to conduct a shellfish business,
				  cause the applicant's shellfish business facilities to be investigated and, if
				  they are found to comply with the provisions of the Act and these Rules and
				  Regulations herein, shall issue a license upon receipt of a fee as set forth in
				  Part 10-05-2 of this Title, Fee Structure for Licensing, Laboratory and
				  Administrative Services Provided by the Department of Health, for a
				  shipper/reshipper or a fee as set forth for a
				  shucker-packer/repacker.
E. Any
				  person who wants to be a dealer shall have and implement a HACCP plan, and have
				  a program of sanitation monitoring and record keeping in compliance with  21
				  C.F.R. Part 123  (2012) (not to include later amendments thereof), except for
				  the requirement for harvester identification on a dealer's tag.
F. Any license so issued shall apply only to
				  those phases of the shellfish business as approved by the Department and as
				  defined in this Part.
G. The
				  license period shall be for twelve (12) months, unless sooner suspended or
				  revoked for cause, commencing on January 1st, and
				  the license fee shall be at the full annual rate regardless of the date of
				  application or the date of issuance of license. The fee for renewal of a
				  license to conduct a shellfish business shall be as set forth in Part 10-05-2
				  of this Title, Fee Structure for Licensing, Laboratory and Administrative
				  Services Provided by the Department of Health, for a shipper/reshipper or as
				  set forth for a shucker-packer/repacker.
H. Licenses issued pursuant to this Part may
				  be suspended or revoked for violation of the provisions of R.I. Gen Laws
				  Chapter 21-14 and this Part.
I. The
				  Director may, after a hearing, refuse to issue any such license to any person
				  who has been convicted of any violation of R.I. Gen Laws Chapter 21-14 or this
				  Part.
J. Each dealer shall have a
				  business facility address or aquaculture lease at which inspections of
				  facilities, activities, equipment, or records can be conducted.
K. Facility Plan
1. A licensee shall submit to the Department
				  properly prepared plans and specifications for review and approval a minimum of
				  thirty (30) days before:
a. The construction
				  of a structure for use as a shellfish business;
b. The conversion of an existing structure
				  for use as a shellfish business; or
c.The remodeling of a shellfish business or a
				  change of type of shellfish business if the Department determines that plans
				  and specifications are necessary to assure compliance with these
				  Regulations.
L. Operational Plan An operational plan shall
				  be submitted with a licensure application or when there is a change in
				  operations of a shellfish business.