General Requirements and Intent, Shellfish ProcessingCertification, Container Identification, Terminal Sale Date; Prohibitions
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5L-1.001General Requirements and Intent
5L-1.005Shellfish Processing Certification
5L-1.007Container Identification, Terminal Sale Date; Prohibitions
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. 44 No. 242, December 14, 2018 issue of the Florida Administrative Register.
5L-1.001 General Requirements and Intent.
(1) through (5) No change.
(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. through 4. No change.
5. Part 117 – Current Good Manufacturing Practice in Manufacturing, 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-XXXXX
6. through 8. No change.
(b) Title 40, Part 141, Section 141.2, Code of Federal Regulations, revised as of July 1, 20172018, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX
(c) No change.
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, __________.
5L-1.005 Shellfish Processing Certification.
(1) The following forms are hereby adopted and incorporated by reference and may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, FL 32399 and available online as indicated:
(a) Shellfish Processing Certification Application (FDACS-15007, Revision 10/18), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX
(b) Shellfish Processing Facility Faciltiy Inspection Form (FDACS-15009, Revision 09/16), http://www.flrules.org/Gateway/reference.asp?No=Ref-06998.
(c) No change.
(2) through (7) No change.
(8) The shellfish processor, facility superivisor, or designated representative must ensure that all employees who receive, handle, and process shellfish obtain training according to 21 C.F.R. § 117.4 (2018) subparagraph 5L-1.001(6)(a)5., F.A.C., within 30 days of their initial hiring. Proof of training for all employees shall be maintained at the certified processing facility and provided to the Department upon request.
(9) through (14) No change.
Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, Formerly 16R-7.007, Amended 7-3-95, 5-8-96, 2-6-97, 6-23-99, Formerly 62R-7.007, Amended 8-9-00, 5-29-02, 3-23-17, .
5L-1.007 Container Identification; Prohibitions.
(1) Shucked shellfish container – The packer’s or repacker’s shellfish processing certification number preceded by the state abbreviation must be embossed, imprinted, lithographed, or otherwise permanently and legibly recorded on the external body of containers or on the lid if the lid becomes an integral part of the container during the sealing process (Example: FL-872-SP). Containers shall permanently indicate type of product, quantity, and name and address of packer, repacker, or distributor.
(a) Each container of fresh, fresh frozen, or previously frozen shellfish, with a capacity of less than 64 ounces, shall clearly and permanently display the words “Sell By” followed by the date when the processor determines the product will would be expected to reach the end of its shelf life. The date shall consist of the numerical month, and day. For fresh frozen or previously frozen shellfish, the last digit of the year shall be added to the date.
(b) through (e) No change.
(2) through (4) No change.
(5) The certified facility’s tag shall contain legible, waterproof, indelible information arranged in the specific order as follows:
(a) through (e) No change.
(f) All oyster shellstock tags must clearly and permanently display the words “Sell By”. followed by a date when the processor determines the products will would be expected to reach the end of its shelf life. The sell by date shall consist of the numerical month, day, and year; and,
(g) through (j) No change.
(6) through (11) 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, 8-30-89, 5-6-93, 9-14-93, 8-21-94, Formerly 16R-7.010, Amended 9-1-95, 5-8-96, 2-6-97, 10-12-97, 2-12-98, 2-25-98, 7-1-98, 11-13-98, 12-28-98, 3-18-99, 7-1-99, Formerly 62R-7.010, Amended 6-19-00, 8-9-00, 10-14-01, 5-29-02, 8-17-04, 9-28-04, 7-28-08, 7-29-08, 4-26-10, 8-31-11, 3-23-17, .
