DIVISION 100
SHELLFISH SANITATION
603-100-0000
Definitions
As used in OAR 603-100-0000 to and including 603-100-0030 and in addition to the definitions set forth in ORS 622.010 and 622.080, the following shall apply:
(1) "Director" means the Director of the Department of Agriculture or authorized representative.
(2) "Certification Number" means the number assigned by the Department to each certified shellfish dealer. It consists of a one-to-five digit number preceded by the two-letter state abbreviation and followed by the two-letter symbol designating the type of operation certified.
(3) "Dealer" means every person or peddler engaged in the business of growing, harvesting, processing, or distributing shellfish. Dealers are certified and assigned a certification number by type of operation classified as follows:
(a) "Depuration processor (DP)" means a shellfish dealer who purchases or harvests shell stock from conditionally approved or restricted growing areas and submits such shell stock to an approved controlled purification process. Such dealers shall be certified as a shucker-packer and assigned a certification number designating depuration processor (DP) as the type of operation;
(b) "Distributor" means a jobber or wholesaler who furnishes or sells shellfish to retail outlets. Such dealers shall be certified as a distributor and assigned a certification number designating shellstock shipper (SS) as the type of operation;
(c) "Grower (GR)" means a dealer engaged in the business of growing shellfish intended for human consumption. Such dealers shall be certified as a grower and assigned a certification number designating (GR) as the type of operation;
(d) "Harvester (HV)" means a dealer who harvests shellfish intended for human consumption or employs persons to harvest shellfish intended for human consumption from growing areas. Such dealers shall be certified as harvesters and assigned a certification number designating harvester (HV) as type of operation;
(e) "Repackers (RP)" means dealers other than the original certified shucker-packer who repack shucked shellfish. Such dealers shall be certified as a shucker-packer, and assigned a certification number designating repacker (RP) as type of operation;
(f) "Reshippers (RS)" means dealers who receive shellfish, either shellstock or shucked stock in original containers from certified shellfish distributors and transship such shellfish to other dealers or to the final consumer. Such dealers will be certified as distributors, and assigned a certification number designating shellstock reshipper (RS) as the type of operation;
(g) "Shellstock shippers (SS)" means dealers who buy, sell, or ship shellstock. Such dealers will be certified as a distributor and assigned a certification number designating shellstock shipper (SS) as the type of operation. A shellstock shipper may ship shucked shellfish, but, is not authorized to shuck or repack shucked shellfish;
(h) "Shucker-packer (SP)" means dealers who shuck, pack, and repack shellfish. Such dealers will be certified as a shucker-packer and assigned a certification number designating shucker-packer (SP) as the type of operation.
(4) "Seed" means shellfish that are less than market size for human consumption and have a maximum shell length of:
(a) Thirteen millimeters (1/2 inch) for mussels;
(b) Twenty-five millimeters (1 inch) for scallops;
(c) Nineteen millimeters (3/4 inch) for Olympia oysters;
(d) Nineteen millimeters (3/4 inch) for Kumomoto oysters;
(e) Fifty-one millimeters (2 inches) for other oyster species;
(f) Thirty-eight millimeters (1 and 1/2 inch) for geoducks; and
(g) Thirteen millimeters (1/2 inch) for other clam species.
(5) "Shellfish" means:
(a) All edible species of oysters, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.
(b) All edible species of clams, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.
(c) All edible species of mussels, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.
(d) All edible species of scallops, either shucked or in the shell, fresh or frozen, whole or in part, except when the final product is the shucked adductor muscle only, and intended for human consumption.
(6) "State Waters" means waters that belong wholly to the state including the Territorial Sea out to the three mile limit.
Stat. Auth.: ORS 561.190 & 622.180
Stats. Implemented: ORS 622.180
Hist.: HD 24-1987, f. & ef. 11-30-87; AD 22-1993, f. & cert. ef. 12-15-93; Renumbered from 333-190-0000; DOA 1-2007, f. & cert. ef. 1-2-07
603-100-0010
Sanitation of Shellfish Growing Areas and Harvesting, Processing and Distribution of Shellfish
As provided in ORS 622.180, the National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish, 2005 Revision, is hereby adopted as the rules governing this subject matter in Oregon. The material covered is that governing growing area survey and classification, controlled relaying, patrol of harvest areas, control of harvesting, aquaculture, laboratory and administrative procedures. In addition the rules cover the harvesting, handling and shipping of shellfish; wet storage; shucking and packing shellfish; shellfish shipping, heat shock, depuration and application of Hazardous Analysis Critical Control Point (HACCP). These rules are recommended by the Interstate Shellfish Sanitation Conference and the Food and Drug Administration of Health and Human Services.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 561.190 & 622.180
Stats. Implemented: ORS 622.180
Hist.: HD 24-1987, f. & ef. 11-30-87; AD 22-1993, f. & cert.
ef. 12-15-93; Renumbered from 333-191-0000; DOA 11-1999, f. &
cert. ef. 6-4-99; DOA 1-2007, f. & cert. ef. 1-2-07
603-100-0030
Submission of Plans
(1) Plans for a new shellfish plant or storage facility construction or existing plant remodeling shall be submitted to the Department for review and approval at least 90 days prior to actual construction.
(2) Plans shall be submitted as blue-prints, photostats, or original drawing using India ink on substantial drawing paper. The following information shall be included in the plans:
(a) Plot plan of grounds on which building is to be constructed or addition is to be located showing size of area and boundaries;
(b) Floor and elevation plans drawn to scale showing the accurate location of equipment;
(c) Specifications and design detail of equipment, location of plumbing fixtures, and materials used in all processing and storage areas;
(d) If a privately owned public water system is used, plans meeting the specifications of OAR 333-061-0005 through 333-061-0095, Public Water Systems, must be submitted to and approved by the appropriate agency.
Stat. Auth.: ORS 561.190 & ORS 622.180
Stats. Implemented: ORS 622.180
Hist.: HD 24-1987, f. & ef. 11-30-87; AD 22-1993, f. & cert. ef. 12-15-93; Renumbered from 333-198-0010
603-100-0040
Growers and Harvesters
(1) Growers and Harvesters must deliver shellfish intended for human consumption to a shellfish shipper certified by the Oregon Department of Agriculture within 24 hours of harvest.
(2) Growers and Harvesters may only sell shellfish intended for human consumption to shellfish shippers certified by the Oregon Department of Agriculture.
Stat. Auth.: ORS 561.190 & 622.180
Stats. Implemented: ORS 622.180
Hist.: DOA 1-2007, f. & cert. ef. 1-2-07
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