us-hi-regs-official-672bea00bad49cb815cab0c8ca6a24a2f68e22f1192f3dad51bdae1959028761•11-35
11-35
us-hi-regs-official-672bea00bad49cb815cab0c8ca6a24a2f68e22f1192f3dad51bdae195902876111-35Regulation
TITLE 11 DEPARTMENT OF HEALTH CHAPTER 35 SHELLFISH SANITATION §11-35-1 Purpose §11-35-2 Definitions §11-35-3 Shellfish permit §11-35-4 Shellfish and shellfish growing water evaluation §11-35-5 Enforcement and penalties §11-35-6 Shellfish growing areas §11-35-7 Artificial growing systems for shellfish §11-35-8 Preparation of shellfish for marketing §11-35-9 Harvesting and processing shellstock (shellstock in the shell) §11-35-10 Shucking and packing of shellfish §11-35-11 Repacking of shellfish §11-35-12 Reshipping of shellfish §11-35-13 Sale of shellfish in Hawaii §11-35-14 Severability §11-35-2 Historical Note: Chapter 35 of title 11 is based substantially on Public Health Regulations Chapter 4a, Food and Food Products, Department of Health, State of Hawaii. [Eff: 3/25/78; R: SEP 1 8 198fl §11-35-1 Purpose. The purpose of this chapter is to establish sanitary controls for the shellfish industry. These provisions shall apply to the growing area and to all aspects of harvesting, processing, packaging, storing, and distributing of shellfish. [ Eff. SEP 1 8 1981 ] (Auth: HRS §§321-9, 321-10, 321-11) (Imp: HRS §§321-11) §11-35-2 Definitions. "Action leveP' .means the interim limit established for a deleterious 35-1 2 5 .2
substance present in a product or an environment, above which level control or regulatory action may be required to protect public heal th. "Alert level" means the level of deleterious substance in a product or an environment indicating degradation and warranting increased monitoring and sampling. 11 Approved growing area" means an area which has been approved by the department for growing and harvesting of shellfish for direct marketing. 11 Artificial growing system for shellfish 11 means a man-made system with definite boundaries in which shellfish are grown and where supplemental material is introduced for ultimate utilization by the shellfish. "Blower 11 means the tank or vat used for washing shucked shellfish, utilizing forced air as a means of agitation. "Classes of shippers" means (1) reshippers (RS), persons who transship shucked stock in original containers, or shellstock, from certified shellfish shippers to other dealers or to final consumers; (2) repackers (RP), persons, other than the original shucker, who pack shucked shellfish into containers for delivery to the consumers; (3) shellstock shippers (SS), persons who grow, harvest, buy, or sell shellstock and do not shuck shellfish or repack shucked shellfish; (4) shucker-packers (SP), persons who shuck and pack shellfish. "Coliform groups 11 means all of the aerobic and facultative anaerobic, gram-negative, non-spore-forming bacilli which ferment lactose with gas formation within forty-eight hours at 35°C. "Culling" means the sorting and removal of dead, inferior or gaping shellfish. "Department 11 means the Hawaii state department of health. "Depuration" means the process of removing microbial contaminants from live shellfish by placing them in a water environment of low coliform, low turbidity, and free from chemicals which are detrimental to health. 11 Director 11 means the director of heal th or his designee. "Dry storage 11 means the storage of shellstock out of water. "Fecal coliform group" means any bacteria as defined under the coliform group which will produce gas in Escherichia coli (E.C.) medium within twenty-four hours at 44.5°C in a water bath. "Growing area11 means any offshore ocean, coastal, estuarine or fresh water area suitable for natural shellfish growth or artificial shellfish propagation. "Harvester" means a person who takes shellfish from growing areas for commercial purposes. "Internal temperature" means the actual temperature of shucked shellfish in the container or of shellstock, as opposed to the air temperature of the refrigerator in which the shellfish may be stored. 11 Lot of shellstock11 means a collection of no more than one day's production of shellstock harvested from a particular growing area by one or more harvesters. "Most probable number (MPN) 11 means a statistical estimate of the number of bacteria per unit volume which is determined from the number of positive results in a series of fermentation tubes. 35-2
) .. §11-35-2 "National Shellfish Sanitation: _Progr:am" .. 111 e&ns the cooperative federal, state and industry • program f.or 1 the certification of interstate shellfish shippers as described in Public Health Service Publication Number 33, National Shellfish Sanitation Program Manual of Operations, Parts I and II, (1965). 1 . "Paralytic shellfish poisons" means poisons produced by free- swim ming, one-celled marine organisms, including · the dinoflagellates, Gonyaulax catenella, Gonyaulax tarnarensis, Gymnodinium breve, which may be temporarily concentrated by shellfish. "Pathogen" means any disease-producing microorganism or material. "Person" means an individual, firm, partnership, company, corporation, trustee, association, or any public or private eritity. "Processor" ·means a repacker, shellstock shipper, or shucker-packer. "Prohibited area" means a shellfish , growing area where hazardous levels of toxic material · or pathogens may be found or where a sanitary survey has not been made. "Relaying" means the moving of market shellfish from waters classified as restricted or grohibited to an approved area for the purpose of natural purification. "Restricted area" means a shellfish growing area subjected to moderate degrees of ·pollution (total coliform exceeding seventy per one hundred milliliter (ml), · but not exceeding seven hundred per one hundred ml) which woUld make it unsafe to harvest shellfish for direct marketing but from which shellfish may ·be subject to depuration or relaying with approval of the department. "Sanitary survey" means the evaluation of all factors having a bearing on the sanitary quality ·of a shellfish growing area including sources of pollution, the effects of wind, tides, and currents, and distribution and dilution of the polluting materials, and the bacteriological quality of the water. "Shellfish" means all edible species of ·oysters, ·clams·, and mussels of the molluscan class Pelecypoda. This definition excludes shellfish or products thereof which, in tlieir final packaging have beerr heat-sterilized and packaged in hermetically ,sealed containers: "Shellfish, market" means fresh or frozen shellfish, or parts thereof, sold for human consumption. • · • . . "Shellstock" means shellfish still in "their shells. "Shucked shellfish" means shellfish, or parts thereof, ·which have been removed from their shells. · "Skimmer table" means a shallow, perforated table used in washing and draining of shucked shellfish. "Transplanting" means the moving of shellfish from one area to another for · the purpose of propagatibn or for reharvesting after an adequate period for acclimatization and growth ·to :market size. "Wet storage" means the temporary storage of '·shellfish from approved sources intended for marketing in tanks, floats or in natural bodies of water. [Eff. SEP 1 8 1981 ] (Auth: HRS §§321-9, 321-10, 321-11, 328-21) (Imp: HRS §§321-11, 328-21) ,, J 35-3 2 S 2
§11-35-3 Shellfish permit. The regulations governing the requirements for shellfish certification in their several forms (shucker- packer, shellstock-shipper, reshipper, repacker) in the State of Hawaii shall equal or exceed the requirements set forth by the Food and Drug Administration of the U. S. Department of Health and Human Services, and the National Shellfish Sanitation Program. (a) No person in the State of Hawaii shall operate a plant or business engaged in growing, harvesting, shucking, packing, repacking, or reshipping fresh or fresh-frozen shellfish for sale to the public for human consumption without a valid permit issued by the department. (b) Applications for permit shall be filed with the department. Each application, if necessary, shall be accompanied with sufficient written data, drawings and descriptions for the department to evaluate the operation relative to the provisions of this chapter. (c) Authority of department to revoke or suspend a permit. (1) Each permit issued pursuant to these regulations may be revoked or suspended by the department in accordance with Chapter 91, HRS, if for any reason the safety of the shellfish as an article of food is not assured or if the standards set forth herein are not met, or if the permit was obtained by misrepre- sentation, or omission of relevant information. (2) A permit which has been previously denied, revoked or suspended, may be issued, reissued or reinstated, if violations are subsequently cleared or corrected to the satisfaction of the director. (d) A permit issued under these regulations shall be valid for a period not to exceed one year or a portion thereof, with automatic expiration on June 30 of each year. An application for renewal of a permit shall be made on or before June 1. Permits are not transfer able. (e) Each permit holder shall notify the department immediately by telephone if there is any report or knowledge of contamination of his shellfish or of suspected illness from consumption of his shellfish. The harvesting, distribution and sale of shellfish shall cease immediately pending review of the safety of the product and approval by the department to resume operations. (f) A person who exports shellfish certified by the department shall be listed on the Interstate Certified Shellfish Shippers List of the U. S. Public Health Service, Food and Drug Administration. [Eff. SEP 1 8 1981 ] (Auth: HRS §§321-9, 321-10, 321-11, 328-21) (Imp: HRS §§321-11, 328-21) §11-35-4 Shellfish and shellfish growing water evaluation. (a) All collection and transportation of shellfish growing water samples and shellstock shall be performed in accordance with the "Recommended Procedures for the Examination of Sea Water and Shellfish" (APHA, 4th ed., 1970). • (b) Analyses of these samples for bacteriological, toxicological, chemical and physical parameters shall be performed by a laboratory approved by the department and in accordance with methods recommended 35-4
§11-35-6 in the "Recommended Procedures for the Examination of Seawater and Shellfish" (APHA, Fourth Edition, 1970), "Official Methods of Analysis of the Association ·Of Official Analytical Chemists" (AOAC, Thirteenth Edition, 1980), and "Standard Methods for Examination of Water and Wastewater" (APHA, 14th ed., 1975). [ Eff. SEP 1 8 1981 ] (Auth: HRS §§321-9, 321-10, 321-11, 328-21) (Imp: HRS §§321-11, 328-21) §11-35-5 Enforcement and penalties. (a) The taking of any shellfish from public waters is under the jurisdiction of the state department of land and natural resources, division of fish and game, and is subject to that department's regulations, enforcement and penalties. (b) Any person who violates any provision of these regulations shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or imprisoned not more than one year or both, as provided in §§321-18, HRS. Each and every yiol.ation of the provision of these regulations shall constitute a separate offense. [ Eff. F J (Auth: HRS §§321-9, 321-10, 321-11, 328-21) (Imp: HRS §ij;r/1-1/, ~~~!21) §11-35-6 Shellfish growing areas. (a) No person shall buy sell, off er for sale, receive, keep, transport, deliver, or take any shellfish not declared by the department to be approved or otherwise fit for direct marketing. (b) A sanitary survey shall be made by the department of each shellfish growing area prior to its classification as 11 approved, 11 "restricted," or 11 prohibited. 11 A sanitary survey shall evaluate all sources of actual and potential pollution in .the area including but not limited to pesticides, industrial wastes and sewage effluent. In addition, the effect of wind action, water flow and currents in distributing polluting materials over a growing area shall be considered. (c) Growing areas shall be designated as approved after the sanitary survey conducted by the department indicates that pathogenic microorganisms, paralytic shellfish poisons, heavy metals and pesticides are not present in dangerous concentrations as specified below. This classification of the growing area shall be verified by laboratory tests whenever the sanitary survey indicates the need. Shellfish from approved areas may be harvested for direct marketing. (1) Water standards. (A) Fecal coliform median MPN-,-The fecal coliform median MPN of the water samples shall not exceed fourteen per one hundred milliliters (ml) and not more than ten per cent of the samples shall exceed an MPN of forty-three for a five-:ctube decimal dilution test. The fecal coliform standard shall be used as the primary bacteriological standard to evaluate a growing area. The sampling frequency shall be determined by the director, based on past history of data collected and the results of the sanitary survey. 35-5 2 fi 2
U=35-
(B) Total coliform median MPN-The total coliform median
MPN should not exceed seventy per one hundred ml, and
not more than ten per cent of the samples exceed an MPN
of two hundred thirty per one hundred ml for a five-tube
decimal dilution test. The total coliform median MPN of
the water samples shall be used as an alert level indicator
of possible fecal pollution.
(C) There shall be no continual or periodic occurrence of
environmental indicators of a potential paralytic shellfish
poisoning such as an algal bloom ("red tide"), animal
mortality (e.g., fish kills, bird kills), intoxicated/sluggish
animals, or irritating/burning aerosols in water.
(2) Shellfish meat standards.
(A) Fecal coliform-Shellfish meats from an approved growing
area should not exceed a fecal coliform MPN median of
one hundred thirty per one hundred grams and a 35°C
plate count of one hundred thousand per gram of shellfish
meat.
(B) Paralytic shellfish poisons (PSP)-PSP content of the
edible portion of shellfish meat shall not exceed eighty
micrograms of toxin per one hundred grams of meat as
established in the "Recommended Procedures for the
Examination of Seawater and Shellfish" (APHA, Fourth
Edition, 1970).
(C) Heavy metals-Mercury has an action level of one part
per million. The alert levels for zinc, copper, cadmium,
lead and chromium shall be as stated in the "Proceedings-
-Seventh National Shellfish Sanitation Workshop, 1971 11 as
listed below.
Element
Zinc
Copper
Cadmium
Lead
Chromium
Shellfish
(in parts per million)
1,500
100
2
2
2
(D) Pesticides"--The levels of pesticides in shellfish in an
approved growing area should not exceed the proposed
standards as stated in appendix D of the "Proceedings-
Sixth National Shellfish Sanitation Workshop, 1968, 11 and
as listed in the following table.
Shellfish
Pesticide (in parts per million)
Aldrin 0.20
BHC (Benzenehexachloride) 0.20
35-6
§11-35-7 Chlordane 0.03 DDT) DDE) Any one or all not to exceed 1.50 DDD) Dieldrin 0.20 Endrin 0.20 Heptachlor 0.20 Heptachlor Epoxide 0.20 Lindane 0.20 Methoxychlor 0.20 2,4-D(2,4-dichlorophenoxy- acetic acid) 0.50 (b) Areas shall be classified as restricted when a sanitary survey indicates· a moderate potential for pollution which would make it unsafe to harvest shellfish for direct marketing. (1) The total coliform median MPN of the water samples exceeds seventy per one hundred ml but does not exceed seven hundred per one hundred ml and not more than ten per cent of the samples exceed an MPN of two thousand three hundred per one hundred ml. (2) The fecal coliform median MPN of the water samples exceeds fourteen per one hundred ml and more than ten per cent of the samples exceeds an MPN of forty-three for. a five-tube decimal dilution test. (c) Areas shall be classified as prohibited if the sanitary survey indicates that the total coliform median MPN of the water exceeds seven hundred per one hundred ml or more than ten per cent of the samples have a total coliform MPN in excess of two thousand three hundred per one hundred ml. (d) Growing areas in which sanitary surveys have not been made shall be automatically classified as prohibited. (e) The taking of shellfish from prohibited areas for direct marketing shall be prohibited. [Eff. SEP 1 8 1981 ] (Auth: HRS §§321- 09, 321-10, 321-11, 328-21)(Imp: HRS §§321-11, 328-21) §11-35-7 Artificial. growing systems for shellfish. (a) Artificial growing systems for shellfish shall meet the performance criteria of natural growing water systems as stated in §11-35-6(c). The operator of an artificial growing system shall be issued a shellstock shipper's certificate. Harvesting, processing, packing, storing and shucking operations shall be the same as for shellfish reared in natural waters (see subsequent sections). (b) Consultation with the department is strongly advised prior to the construction and operation of an artificial growing system to discuss construction details, flow diagrams, and sanitary requirements. (c) System construction guidelines. (1) Artificial growing systems shall be so constructed that they are not subject to storm .waters and contamination from pollution sources. 35-7 252