DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NO.:RULE TITLE:
5L-1.008Shellfish Handling
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 63, April 1, 2015 issue of the Florida Administrative Register.
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 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 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 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 April, all 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 month of May, all oysters harvested shall be delivered to a certified shellfish dealer and placed under mechanical refrigeration by 11:00 a.m of the same day of harvest, unless the harvester is identified authorized in a certified shellfish dealer’s HACCP plan for the on-board cooling option detailed in subsection 5L-1.008(7), F.A.C., or the certified shellfish dealer is 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, 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 be placed under mechanical refrigeration by 4:00 p.m. of the same day of harvest unless the harvester is identified in the certified shellfish dealer’s HACCP plan authorized for the on-board cooling detailed in subsection 5L-1.008(7), F.A.C., or the certified shellfish dealer is authorized for the rapid cooling option detailed in subsection 5L-1.008(8), 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 identified in the certified shellfish dealer’s HACCP plan authorized for the on-board cooling option detailed in subsection 5L-1.008(7), F.A.C., or the certified shellfish dealer is authorized for the rapid cooling option detailed in subsection 5L-1.008(8), F.A.C.
(6) No change.
(7) On-Board Cooling Option – On-board cooling equipment includes 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. Commercial harvesters using on-board cooling systems must deliver the oysters to a certified shellfish dealer and oysters must be placed under mechanical refrigeration by the certified shellfish dealer no later than 3:00 p.m. of the harvest day. Oysters must be at 55 degrees F or less at time of delivery. Certified shellfish dealers electing to purchase oysters from harvesters using on-board cooling systems must document 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. 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”.
(8) Rapid Cooling Option – Rapid cooling equipment includes 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 certified shellfish dealers approved to use using the rapid cooling option must place all harvested oysters under mechanical refrigeration no later than 2:00 p.m of the harvest day. During the months of June, July, August and September certified shellfish dealers approved to use using the rapid cooling option must place all harvested oysters under mechanical refrigeration no later than 11:00 a.m of the harvest day. During the month of October certified shellfish dealers approved to use using the rapid cooling option must place all harvested oysters under mechanical refrigeration no later than 3:00 p.m of the harvest day. 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 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) 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, __________.
