Section 13676 - Request for Verification(a) A request for verification by the department that oysters supplied by a dealer are subjected to an oyster treatment process shall include all of the following: (1) The name and address of the dealer;(2) A copy of the shellfish certificate or license issued by the Shellfish Control Authority having jurisdiction;(3) A description of the process used to treat the oysters and the procedures used to ensure that oysters harvested during April through October and shipped to California are subjected to the treatment.(4) A report by the Shellfish Control Authority or a recognized process authority, accompanied by the concurrence of the FDA verifying that the process used consistently reduces the level of Vibrio vulnificus to less than 30 MPN per gram and achieves a minimum 3.52 log reduction in processed oysters.(5) Signature, under penalty of perjury, of the individual requesting verification attesting to the accuracy of the information provided in the request for verification.(b) Requests for verification shall be deemed complete when the information specified in subsection (a) has been received in writing by the department. Initial requests for verification may be submitted at any time to the department. Requests for renewals shall be submitted to the department no later than 60 days prior to the expiration date. Requests for verification shall state whether the dealer is requesting an initial verification or renewal of an existing verification.(c) The department shall notify the dealer in writing within 15 days of receipt of a request for verification of one of the following: (1) The request for verification is complete and shall be evaluated by the department, or(2) The request for verification is incomplete and not accepted for evaluation. The department's written notification shall describe the specific information or documentation that is deficient.(d) Within 60 days of the receipt of a complete request for verification, the department shall notify the dealer of one of the following: (1) That the oyster treatment process has been verified, or(2) That the request has been reviewed and denied for failure to establish that each oyster harvested during April through October and sold or distributed in California will be subjected to an oyster treatment process. The department shall provide a written description in the notification of the basis for the denial.(e) Written notification by the department to dealers requesting verification shall be deemed to occur on the date that the notification is postmarked.(f) The department shall deem a request for verification abandoned by a dealer requesting verification who fails to respond or to supply information or documents within 30 days of notification by the department.(g) The department may revoke or suspend a verification granted pursuant to subsection 13675(e) and this section for any failure of the dealer to ensure the use of the oyster treatment process as described in the request for verification, for any failure of the oyster treatment process to meet the Vibrio vulnificus reduction standards in subsection 13675(a)(8), or for any violation by the dealer of this article.(h) The department shall inform the dealer of any denial, revocation, or suspension of any verification, in writing, stating the reasons for the denial, revocation, or suspension.Cal. Code Regs. Tit. 17, § 13676
1. New section filed 4-14-2003 as an emergency; operative 4-14-2003 (Register 2003, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-12-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-14-2003 order transmitted to OAL 8-11-2003 and filed 9-23-2003 (Register 2003, No. 39).
3. Amendment of subsection (a)(4), repealer of subsections (g)-(g)(3), subsection relettering, amendment of newly designated subsection (g), new subsection (n) and amendment of NOTE filed 2-27-2015; operative 4-1-2015 (Register 2015, No. 9). Note: Authority cited: Sections 110065, 110105, 110430, 112165(a), 131050, 131051, 131052, 131055, 131056, and 131200, Health and Safety Code. Reference: Sections 110435, 110545, 110660, 112165(c), 112195, 112200, 113980 and 131071, Health and Safety Code.
1. New section filed 4-14-2003 as an emergency; operative 4-14-2003 (Register 2003, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-12-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-14-2003 order transmitted to OAL 8-11-2003 and filed 9-23-2003 (Register 2003, No. 39).
3. Amendment of subsection (a)(4), repealer of subsections (g)-(g)(3), subsection relettering, amendment of newly designated subsection (g), new subsection (n) and amendment of Note filed 2-27-2015; operative 4/1/2015 (Register 2015, No. 9).