The amendments propose to further protect the health of oyster consumers and are necessary to ensure that the State of Florida meets the requirements of the National Shellfish Sanitation Program (NSSP) as it relates to Vibrio vulnificus. The ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Aquaculture

RULE NO.:RULE TITLE:

5L-1.008Shellfish Handling

PURPOSE AND EFFECT: The amendments propose to further protect the health of oyster consumers and are necessary to ensure that the State of Florida meets the requirements of the National Shellfish Sanitation Program (NSSP) as it relates to Vibrio vulnificus. The proposed rule amendments impact commercial harvesting and processing of oysters.

SUMMARY: The proposed amendments apply to commercial oyster harvesting and processing in Florida in order to protect the health of oyster consumers. Specifically, the proposed amendments implement one set of sequential time limits for the months of April through October by specifying receiving times and temperatures. The proposed rule amendments also remove one cooling option for oyster shellstock. One workshop was held for interested parties in the principal area of oyster industry activity.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule amendment will reduce the time oyster harvesters can harvest oysters in the months of June through September, the summer harvesting season. The rule provides oyster harvesters with three major requirements, only one of which is expected to impose increased costs on the private sector. Harvesters choosing the On-Board Cooling option would need to purchase a set of insulated coolers to store ice and harvested oysters, as well as a sizable volume of ice on each day they are actively harvesting. This is expected to result in increased costs to the harvesters, but these costs are entirely dependent on the number of harvesters that adopt the On-Board Cooling Option. Even under an unrealistically high adoption scenario where 100 vessels adopt On-Board Cooling, the annual costs to the private sector are estimated to be $177,872. Therefore, the direct and indirect cost impact is not expected to have an adverse impact on the economic growth, private sector job creation or employment, or private section investment in excess of $1 million in the aggregate within 5 years after implementing of the rule. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 597.020 FS.

LAW IMPLEMENTED: 597.020 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jillian Fleiger, Division of Aquaculture, 600 S Calhoun Street, Suite 217, Tallahassee, FL 32301, Phone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5L-1.008 Shellfish Handling.

(1) through (4) No change.

(5) Throughout the year, it is harvester’s responsibility that shellfish shall be harvested between sunrise and sunset as established by the U.S. Weather Service. All shellfish shall be delivered by the harvester directly to a shellfish dealer at their certified shellfish processing facility. During the months of November, December, January, February, and March, all the harvester shall assure that clams harvested shall be delivered to a certified shellfish dealer by 10:00 p.m. of the same day as harvest. During the months of April, May, and October, all harvesters shall assure that clams harvested shall be delivered to a certified shellfish dealer within twelve (12) hours of the time of harvest, or within the same day as harvest, whichever is earlier. During the months of June, July, August, and September, all clams harvested shall be delivered to a certified shellfish dealer within ten (10) hours of the time of harvest, or within the same day as harvest, whichever is earlier. During the months of November, December, January, February, and March, all the harvester shall assure that oysters harvested shall be delivered to a certified shellfish dealer and placed under mechanical refrigeration by 10:00 p.m. of the same day as harvest. During the month of November, the commercial harvester shall assure that oysters are delivered to a certified shellfish dealer by 5:00 p.m. of the same day of harvest. During the month of April, all the harvester shall assure that oysters harvested shall be delivered to a certified shellfish dealer and placed under mechanical refrigeration by 4:00 p.m. of the same day of harvest. During the months of May, all June, and July, the harvesters shall assure that oysters harvested shall be delivered to a certified shellfish dealer and placed under mechanical refrigeration by 11:00 11:30 a.m. of the same day of harvest, unless the harvester is authorized for the in a certified dealer HACCP plan for the complete on-board cooling option detailed in subsection 5L-1.008(7), F.A.C., or authorized in a certified shellfish dealer HACCP plan for the partial on-board cooling option detailed in subsection 5L-1.008(8), F.A.C., or authorized in a certified shellfish dealer HACCP plan for the rapid cooling option detailed in subsection 5L-1.008(8)(9), F.A.C. During the months of June, July, August, and September, all oysters harvested shall be tagged as “FOR SHUCKING ONLY BY A CERTIFIED DEALER” or “FOR POST HARVEST PROCESSING ONLY” and delivered to a certified shellfish dealer and placed under mechanical refrigeration by 4:00 p.m. of the same day of harvest and October, the harvesters shall assure that oysters shall be delivered to a certified shellfish dealer by 12:00 p.m. unless the harvester is authorized by the Department as detailed in subsection 5L-1.008(7), F.A.C., for the complete on-board cooling option detailed in subsection 5L-1.008(7), F.A.C., or authorized in a certified shellfish dealer HACCP plan for the partial on-board cooling option detailed in subsection 5L-1.008(8), F.A.C., or authorized in a certified shellfish dealer HACCP plan for the rapid cooling option detailed in subsection 5L-1.008(89), F.A.C. During the month of October, all oysters harvested shall be delivered to a certified shellfish dealer and placed under mechanical refrigeration by 1:00 p.m. unless the harvester is authorized for the on-board cooling option detailed in subsection 5L-1.008(7), F.A.C., or authorized for the rapid cooling option detailed in subsection 5L-1.008(8), F.A.C. During the months of June, July, August, and September, the harvester shall assure that clams shall be delivered to a certified shellfish dealer within ten (10) hours of the time of harvest, or within the same day as harvest, whichever is earlier. All shellfish shall be delivered directly to a certified shellfish dealer possessing a shellfish processing plant certification license.

(6) No change.

(7) Complete On-Board Cooling Option – On-board cooling equipment includes but is not limited to systems using ice, mechanical refrigeration, or vacuum cooling. If a commercial oyster harvester is using on-board cooling, the maximum time oysters can remain outside the cooling system is 1 hour from time of harvest and the on-board cooling system shall be capable of reducing the internal temperature of oysters to 55 degrees F or less at time of delivery to the certified dealer facility. Commercial Harvesters must maintain an on-board time and temperature record documenting time of harvest, time oysters placed under refrigeration, and time that oysters reach 55 degrees F or less. If a commercial oyster harvester is using on-board cooling, the maximum time oysters can remain outside the cooling system is 1 hour and the harvester must demonstrate to the department that the on-board cooling system is capable of reducing the internal temperature of oysters to 55 degrees F or less. within 9 hours or less. Commercial harvesters using complete on-board cooling systems must deliver the oysters to a certified shellfish dealer and oysters must be placed under mechanical refrigeration no later than 3:00 4:00 p.m. at 55 degrees F or less. Certified shellfish dealers electing to purchase oysters from harvesters using complete on-board cooling systems must document develop and demonstrate in their HACCP plan that the cooling rates on-board a vessel and in the certified shellfish dealer cooling system provide a safety level equivalent to product meeting subsection 5L-1.008(5), F.A.C., in order to be labeled in compliance with subsection 5L-1.007(6), F.A.C. Certified shellfish dealers electing to purchase oysters from harvesters using such complete on-board cooling systems must list the harvester name, harvester license number, the maximum time oysters can be unrefrigerated on-board a vessel, and the total number of hours required to reduce the internal temperature of oysters to 55 degrees F or less in their HACCP plan. Prior to implementing the HACCP plan, the certified shellfish dealer must have written approval from the Department. Harvesters proposing an alternative on-board cooling option must contact and demonstrate to the Department that the system is capable of meeting time and temperature requirements of the State’s Vibrio vulnificus Control Plan and must have written approval from the Department prior to implementation. Harvested oysters failing to meet the time and temperature requirements of this subsection shall be retagged by the dealer as “FOR SHUCKING ONLY BY A CERTIFIED DEALER” or “FOR POST HARVEST PROCESSING ONLY”. Written approval must be received from the department prior to using such an on-board cooling system.

(8) Partial On-Board Cooling Option – Partial on-board cooling equipment includes but is not limited to systems using ice, mechanical refrigeration or vacuum cooling. If a commercial oyster harvester is using partial on-board cooling, the maximum time oysters can remain outside the cooling system is 1 hour and the harvester must demonstrate to the department that the on-board cooling system is capable of reducing the internal temperature of oysters to 65 degrees F or less within 7 hours or less. Commercial harvesters using partial on-board cooling systems must deliver the oysters to a certified shellfish dealer no later than 3:00 p.m. Certified shellfish dealers electing to purchase oysters from harvesters using on-board cooling systems must develop and demonstrate in their HACCP plan that the cooling rates on-board a vessel and in the certified shellfish dealer cooling system provide a safety level equivalent to product meeting subsection 5L-1.008(5), F.A.C., in order to be labeled in compliance with subsection 5L-1.007(6), F.A.C. Certified shellfish dealers electing to purchase oysters from harvesters using such on-board cooling systems must list the harvester name, harvester license number, the maximum time oysters can be unrefrigerated on-board a vessel and the total number of hours required to reduce the internal temperature of oysters to 55 degrees F or less in their HACCP plan. Prior to implementing the HACCP plan the certified shellfish dealer must have written approval from the Department.

(8)(9) Rapid Cooling Option – Rapid cooling equipment includes but is not limited to systems using ice, mechanical refrigeration, or vacuum cooling. If a certified shellfish dealer elects to rapidly cool oysters, the maximum cool down time to 55 degrees F or less must not exceed 2 hours. During the month of May Commercial oyster harvesters working with certified shellfish dealers using the rapid cooling option must place all harvested deliver oysters to the certified shellfish dealer under mechanical refrigeration no later than 2:00 p.m. During the months of June, July, August, and September certified shellfish dealers using the rapid cooling option must place all harvested oysters under mechanical refrigeration no later than 11:00 a.m. During the month of October certified shellfish dealers using the rapid cooling option must place all harvested oysters under mechanical refrigeration no later than 3:00 p.m. The certified shellfish dealers must develop and demonstrate in their HACCP plan that the cooling rates in combination with extended harvest times assure a safety level equivalent to product meeting subsection 5L-1.008(5), F.A.C., in order to be labeled in compliance with subsection 5L-1.007(6), F.A.C. Certified shellfish dealers electing this option, must list the harvester name, harvester license number, the maximum time oysters can be unrefrigerated on-board vessel and the total number of hours required to reduce the internal temperature of oysters to 55 degrees F or less in their HACCP plan. Prior to implementing the HACCP plan the certified shellfish dealer must have written approval from the Department. Harvested oysters failing to meet the time and temperature requirements of this subsection shall be retagged by the dealer as “FOR SHUCKING ONLY BY A CERTIFIED DEALER” or “FOR POST HARVEST PROCESSING ONLY”.

(9)(10) No change.

Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, Formerly 16R-7.011, Amended 7-3-95, 2-6-97, 3-18-99, 6-23-99, Formerly 62R-7.011, Amended 8-9-00, 5-29-02, 7-29-08, 4-26-10, 8-31-11, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kal Knickerbocker

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 30, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 10, 2015