5L-1.001. General Requirements and Intent

(1) A shellfish processing certification is required to operate any shellfish processing facility.

(2) It is the intent of the Department to establish regulations and specifications to be known as the “Comprehensive Shellfish Control Code”, relating to sanitary practices for the catching, handling, relaying, depuration, packaging, preserving and storing of shellfish products.

(3) The Department, as a participant in the Interstate Shellfish Sanitation Conference, recognizes and endorses the following principles:

(a) Shellfish are a renewable, manageable natural and aquacultured resource of significant economic value to many coastal communities, and should be managed as carefully as are other natural resources such as forests, water, and agricultural lands.

(b) Shellfish culture and harvesting represents a beneficial use of water in the estuaries. This use should be recognized by local, state and federal agencies in planning and carrying out pollution prevention and abatement programs and in comprehensive planning for the use of these areas.

(c) The goals of the Interstate Shellfish Sanitation Conference are:

1. The continued safe use of this natural and aquacultured resource; and,

2. Active encouragement of water quality programs which will preserve all possible coastal areas for this beneficial use.

(4) The Department recognizes that the shellfish industry is subject to change as technological data becomes available; accordingly, it is the intent of the Department that the Comprehensive Shellfish Control Code be revised as necessary so that the technological data and industrial practices contained therein shall be consistent with good health and safety practices.

(5) The enforcement of the provisions of this code by the Department shall be coordinated with and be in conjunction with any and all other state, local and federal agencies exercising jurisdiction over the sanitary practices of the shellfish industry.

(6) Adoption of Federal Regulations and Standards – To the extent not inconsistent with the rules herein, the following are hereby incorporated and adopted. The documents are available online as indicated.

(a) The following parts of Title 21, Code of Federal Regulations:

1. Part 7 – Enforcement Policy, revised as of April 1, 2018, http://www.flrules.org/Gateway/reference.asp?No=Ref-10360;

2. Part 101 – Food Labeling, revised as of April 1, 2017, http://www.flrules.org/Gateway/reference.asp?No=Ref-10361;

3. Part 109 – Unavoidable Contaminants in Food for Human Consumption and Food-Packaging Material, revised as of April 1, 2017, http://www.flrules.org/Gateway/reference.asp?No=Ref-10362;

4. Part 110 – Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food, revised as of April 1, 2017, http://www.flrules.org/Gateway/reference.asp?No=Ref-10363;

5. Part 117 – Current Good manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food, Revised as of April 1, 2017, http://www.flrules.org/Gateway/reference.asp?No=Ref-10364;

6. Part 123 – Fish and Fishery Products, revised as of April 1, 2017, http://www.flrules.org/Gateway/reference.asp?No=Ref-10365;

7. Part 161 – Fish and Shellfish, revised as of April 1, 2017, http://www.flrules.org/Gateway/reference.asp?No=Ref-10366;

8. Part 509 – Unavoidable Contaminants in Animal Food and Food-Packaging Material, revised as of April 1, 2018, http://www.flrules.org/Gateway/reference.asp?No=Ref-10367.

(b) Title 40, Part 141, Section 141.2, Code of Federal Regulations, revised as of July 1, 2017, http://www.flrules.org/Gateway/reference.asp?No=Ref-10368.

(c) The Purpose, the Definitions, and Chapters 1 through 13, and 15 through 16 of the “Model Ordinance” of the National Shellfish Sanitation Program (NSSP), Guide for the Control of Molluscan Shellfish, 2019 Revision, herein adopted and  incorporated by reference are available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-15068. Except for:

1. Definition number (16)(d) Reshipper; and,

2. Definition number (101) Reshipper.

Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, 7-9-89, 11-5-92, Formerly 16R-7.001, Amended 7-3-95, 2-6-97, 6-23-99, Formerly 62R-7.001, Amended 8-9-00, 5-29-02, 4-26-10, 3-23-17, 5-7-19, 1-18-23.