Fla. Admin. Code R. 5L-1.008

Current through Reg. 50, No. 253; December 31, 2024

Section 5L-1.008 - Shellfish Handling

(1) Wet storage shall be conducted upon execution of an agreement between a person, firm, or corporation possessing a shellfish processing certificate and the Department. Each agreement shall include the following provisions:

(a) The coordinates in Latitude and Longitude where the facility is to be located.

(b) A description of all facilities and equipment to be used to wet-store shellfish.

(c) A listing of the species to be wet-stored.

(d) If the wet storage facility is to be located upon or in waters of the state, the facility shall be marked and lighted so as not to be a hazard to navigation.

(e) If the wet storage facility is to be located on or in waters of the state, and is to be a manned structure, it shall be equipped with a U.S. Coast Guard approved Type III marine sanitation device; this device shall be maintained in working order and be used by all personnel for disposal of bodily wastes.

(f) All solid wastes shall be removed from the wet storage facility daily and disposed of in a shore-based receptacle.

(g) No anti-fouling paints or finishes shall be used on any portion of the wet storage facility.

(h) No shellfish shall be removed from a wet storage facility when the shellfish harvesting area in which such shellfish are stored is closed pursuant to Rule 5L-1.003, F.A.C., or because of emergency conditions as defined by Rule 5L-1.002, F.A.C.

(i) Should maintenance of the wet storage facility require that the facility be relocated, written notification shall be provided to the Department, by certified mail, a minimum of 10 working days prior to such relocation. All shellfish shall be removed from the facility prior to relocation.

(j) If wet storage is to be practiced using a shore-based facility, the applicable provisions of Rules 5L-1.002, 5L-1.010, 5L-1.011, 5L-1.012, 5L-1.013, 5L-1.015, and subsection 5L-1.017(2), F.A.C., shall apply. All shore-based facilities shall employ ultraviolet light treatment of all incoming and recirculated seawater. All water quality measurements required by subsection 5L-1.017(2), F.A.C., shall be documented and such data retained for inspection by the Department for a minimum of one year. Paragraphs 5L-1.008(1)(a), (b), (d), (e), (f), (h) and (i), F.A.C., shall not apply to a shore-based facility.

(k) The agreement shall be valid for no more than 1 year from the date it is signed by the Department.

(2) Boats and vehicles - Boats and vehicles used in harvesting or transporting shellfish shall be constructed, operated, and maintained, so as to protect the shellfish from contamination. Fuel tanks or other sources of contamination shall not be permitted to come into contact with shellfish. All boats used for commercial harvesting and handling shellfish shall be designed in such a way to prevent shellfish from coming in contact with any bilge water. No dogs or other animals or pets shall be allowed at any time on vessels or vehicles used to harvest or transport shellfish. No bodily wastes shall be discharged overboard from a harvest vessel. Shellstock harvested with commercial intent shall be protected by effective shading on harvest boats and vehicles to protect shellstock from exposure to sun, birds, and other adverse conditions. Shellfish shall be held under conditions which allows air circulation and promotes evaporative cooling.

(3) Boats engaged in harvesting or transporting shellfish shall have on board an approved Type III marine sanitation device, portable toilet or other sewage disposal receptacle. Portable toilets shall:

(a) Be constructed of high quality plastic that is durable, easy to clean and will not spill;

(b) Be used only for the purpose intended;

(c) Be secured while on board the vessel and located to prevent contamination of shellstock by spillage or leakage;

(d) Be emptied only into an appropriate sewage disposal system;

(e) Be cleaned before being returned to the boat; and,

(f) Not be cleaned with equipment used for washing or processing food.

(4) Use of other receptacles for sewage disposal are approved if the receptacles are constructed of impervious, cleanable materials, have tight fitting lids, and meet the requirements of paragraphs 5L-1.008(3)(a) -(e), F.A.C.

(5) Resubmerging or Replanting.

(a) Aquacultured shellfish are the only shellfish allowed to be replanted/resubmerged.

(b) Shellfish processors must maintain an oyster replant log of all replant/resubmerged activities including:

1. Date of initial removal from water at lease site;

2. Lease number;

3. Date of replant;

4. Replant lease number;

5. Replant location on lease; and,

6. Replant Quantity.

(c) Shellfish processor must provide access to records upon request by the Department.

(d) All replanted/resumberged shellfish must be segregated from other shellfish and clearly identified on the lease.

(e) Replanted/resumberged aquaculture oysters larger than 25 millimeters (3/4 inch) that are removed from the water during the course of routine oyster husbandry practices for more than 4 hours during April through October must be returned to the lease and submerged on an aquaculture lease for a minimum of 14 days before they can be harvested and sold to a certified shellfish processing facility. Routine oyster husbandry practices include the use of suspended grow out containers that maybe unsubmerged during natural tidal cycles.

(6) Remote buying is prohibited.

(7) A Commercial Harvester may not harvest, attempt to harvest, possess in or on Florida Waters or sell a wild shellfish unless they are harvesting pursuant to a valid saltwater products license with a shellfish endorsement, or Apalachicola Bay oyster harvesting license, issued by the Fish and Wildlife Conservation Commission.

(8) An aquaculture leaseholder or Authorized User, or employees thereof, may not operate on an aquaculture lease, or possess or sell aquacultured shellfish unless in possession of a valid Aquaculture Certificate of Registration, or a copy of the certificate.

(9) Throughout the year, shellfish shall be harvested between sunrise and sunset as established by the U.S. Weather Service. All shellfish shall be delivered, same day of harvest, by the harvester directly to a certified shellfish processing facility.

(a) Clams:

1. During the months of November, December, January, February, and March, all clams harvested shall be delivered to a certified shellfish processing facility and placed under temperature control by 10:00 p.m. of the same day as harvest.

2. During the months of April, May, and October, all clams harvested shall be delivered to a certified shellfish processing facility and placed under temperature control within twelve (12) hours of the time of harvest, or within the same day as harvest, whichever is earlier.

3. During the months of June, July, August, and September, all clams harvested shall be delivered to a certified shellfish processing facility and placed under temperature control within ten (10) hours of the time of harvest, or within the same day as harvest, whichever is earlier.

4. Tempering, as an alternative process, shall consist of those methods which have demonstrated through verification studies that the process renders hard clams which are as safe as hard clams meeting subparagraphs 5L-1.008(7)(a) 1.-3., F.A.C. Prior to initiating tempering a certified shellfish facility shall have written approval from the Department. The certified shellfish facility must provide the following:

a. A description of all facilities, equipment and methods to be used in the alternative process. This process must be included in the facility's HACCP plan.

b. The source of hard clams and the maximum capacity of hard clams to undergo the process at any one time.

c. The process to be followed shall not exceed 16 hours total time between hard clam harvest and refrigeration at 45º F or less. Product harvest, processing, tempering and food storage at 45º F or less must be scheduled to occur as a continuous procedure.

d. Upon initiation, the tempering process must have temperature control of 68°F or less and be maintained until hard clams are placed into refrigeration of 45º F or less.

(b) Oysters:

1. Non-Vibrio Control months include November, December, January, February and March.

2. Vibrio Control months include April, May, June, July, August, September and October.

3. During the months of November, December, January, February, and March, all oysters harvested shall be delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 5:00 p.m. of the same day as harvest.

4. During the month of April, all oysters harvested shall be delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 11:00 a.m. of the same day of harvest unless the harvester is identified in the certified shellfish processing facility's HACCP plan for the onboard cooling option detailed in subsection 5L-1.008(9), F.A.C., or the certified shellfish processing facility is authorized for the rapid cooling option detailed in subsection 5L-1.008(10), F.A.C.

5. During the months of May, June, July, August, and September, all oysters harvested shall be tagged as "FOR SHUCKING ONLY BY A CERTIFIED FACILITY" or "FOR POST HARVEST PROCESSING ONLY" and delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 4:00 p.m. of the same day of harvest unless the harvester is identified in the certified shellfish processing facility's HACCP plan for the onboard cooling option detailed in subsection 5L-1.008(9), F.A.C., or the certified shellfish processing facility is authorized for the rapid cooling option detailed in subsection 5L-1.008(10), F.A.C.

6. During the month of October, all oysters harvested shall be delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 11:00 a.m. unless the harvester is identified in the certified shellfish processing facility's HACCP plan for the onboard cooling option detailed in subsection 5L-1.008(9), F.A.C., or the certified shellfish processing facility is authorized for the rapid cooling option detailed in subsection 5L-1.008(10), F.A.C.

(10) Once received by a certified shellfish processing facility, the shellstock lot shall be immediately processed and placed under temperature control and until sale to final consumer, the shellstock shall be maintained at an environmental temperature of 45º F or less and not be permitted to remain outside of temperature control for more than 2 hours cumulative at points of transfer within the processing facility such as loading docks or in the facility during processing except for the process described in subparagraph 5L-1.008(7)(a) 4., F.A.C. All certified shellfish processing facilities handling oysters must have a cooling system capable of reducing the internal temperature of shellstock oysters to 55º F or less within eight (8) hours.

(11) Onboard Cooling Option - Onboard cooling equipment includes systems using ice, mechanical refrigeration, or vacuum cooling. If a commercial oyster harvester is using onboard cooling with ice slurry, the maximum time oysters can remain outside the cooling system is one hour from time of harvest and the onboard cooling system shall be capable of reducing the internal temperature of oysters to 55º F or less and maintaining at 55º F or less until delivery to the certified shellfish processing facility. Commercial Harvesters must maintain an onboard time and temperature record documenting time of harvest, time oysters placed under refrigeration, and time that oysters reach 55º F or less.

(a) Commercial harvesters using onboard cooling systems must deliver the oysters to a certified shellfish processing facility and oysters must be placed under mechanical refrigeration by the shellfish processor no later than 3:00 p.m. of the harvest day. Oysters must be at 55°F or less at time of delivery.

(b) Shellfish processors electing to purchase oysters from harvesters using onboard cooling systems must document in their HACCP plan that the cooling rates onboard a vessel and in the certified shellfish processing facility's cooling system provide a safety level equivalent to product meeting paragraph 5L-1.008(7)(b), F.A.C., in order to be labeled in compliance with subsection 5L-1.007(6), F.A.C. Shellfish processors electing to purchase oysters from harvesters using such onboard cooling systems must list the harvester name, harvester license number, the maximum time oysters can be unrefrigerated onboard a vessel, and the total number of hours required to reduce the internal temperature of oysters to 55º F or less in their HACCP plan. Prior to implementing the HACCP plan, the shellfish processor must have written approval from the Department.

(c) Harvesters proposing an alternative onboard 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.

(d) Harvested oysters failing to meet the time and temperature requirements of this subsection shall be retagged by the processor as "FOR SHUCKING ONLY BY A CERTIFIED FACILITY" or "FOR POST HARVEST PROCESSING ONLY."

(12) Rapid Cooling Option - Rapid cooling equipment includes systems using ice, mechanical refrigeration, or vacuum cooling. If a shellfish processor elects to rapidly cool oysters:

(a) During the month of April shellfish processors must place all harvested oysters under mechanical refrigeration no later than 1:00 p.m. and cooled down to 55º F or less no later than 3:00 p.m. of the harvest day.

(b) During the months of May, June, July, August, and September shellfish processors must place all harvested oysters under mechanical refrigeration no later than 11:00 a.m. and cooled down to 55º F or less no later than 1:00 p.m. of the harvest day.

(c) During the month of October shellfish processors must place all harvested oysters under mechanical refrigeration no later than 1:00 p.m. and cooled down to 55º F or less no later than 3:00 p.m. of the harvest day.

(d) Shellfish processors 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 paragraph 5L-1.008(7)(b), F.A.C., in order to be labeled in compliance with subsection 5L-1.007(6), F.A.C. Shellfish processors electing this option, must list the maximum time oysters can be unrefrigerated onboard vessel and the total number of hours required to reduce the internal temperature of oysters to 55º F or less in their HACCP plan. Prior to implementing the HACCP plan the shellfish processor must have written approval from the Department.

(e) Harvested oysters failing to meet the time and temperature requirements of this subsection shall be retagged by the processor as "FOR SHUCKING ONLY BY A CERTIFIED FACILITY" or "FOR POST HARVEST PROCESSING ONLY." Processors failing to meet the rapid cool criteria more than two times during the vibrio control months of April through October shall lose the rapid cool option for the remaining vibrio control months of that year. The processor shall only process oysters for restricted use only (Green Tag) during the remaining vibrio control months.

(f) During the months April through October all harvested oysters tagged as "FOR SHUCKING ONLY BY A CERTIFIED FACILITY" or "FOR POST HARVEST PROCESSING ONLY" shall be delivered to a certified processing facility by 4:00 p.m. of the harvest day.

(13) Handling Time/Temperature table summary:

	Oysters (Times are when oysters must be placed in cooler at a certified shellfish processing facility)				Clams
	Traditional Cooling	Rapid Cooling	Onboard Cooling with Ice Slurry	Restricted Use Only (Green Tag)	Delivery to processor (same day of harvest)
November	5:00 p.m.	Non-Vibrio Control Month	Non-Vibrio Control Month	Non-Vibrio Control Month	10:00 p.m.
December	5:00 p.m.	Non-Vibrio Control Month	Non-Vibrio Control Month	Non-Vibrio Control Month	10:00 p.m.
January	5:00 p.m.	Non-Vibrio Control Month	Non-Vibrio Control Month	Non-Vibrio Control Month	10:00 p.m.
February	5:00 p.m.	Non-Vibrio Control Month	Non-Vibrio Control Month	Non-Vibrio Control Month	10:00 p.m.
March	5:00 p.m.	Non-Vibrio Control Month	Non-Vibrio Control Month	Non-Vibrio Control Month	10:00 p.m.
April	11:00 a.m.	1:00 p.m.	3:00 p.m.	4:00 p.m.	12 Hours
May	Not permitted	11:00 a.m.	3:00 p.m.	4:00 p.m.	12 Hours
June	Not permitted	11:00 a.m.	3:00 p.m.	4:00 p.m.	10 Hours
July	Not permitted	11:00 a.m.	3:00 p.m.	4:00 p.m.	10 Hours
August	Not permitted	11:00 a.m.	3:00 p.m.	4:00 p.m.	10 Hours
September	Not permitted	11:00 a.m.	3:00 p.m.	4:00 p.m.	10 Hours
October	11:00 a.m.	1:00 p.m.	3:00 p.m.	4:00 p.m.	12 Hours

(14) Shellfish leaving a certified shellfish facility must be transported in an enclosed, mechanically refrigerated conveyance with doors closed securely. The refrigeration unit must be capable of maintaining an ambient temperature of 45º F or less at all times.

Fla. Admin. Code Ann. R. 5L-1.008

Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS.

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, Amended by Florida Register Volume 41, Number 092, May 12, 2015 effective 5/26/2015, Amended by Florida Register Volume 43, Number 045, March 7, 2017 effective 3/23/2017, Amended by Florida Register Volume 45, Number 054, March 19, 2019 effective 4/2/2019, Amended by Florida Register Volume 49, Number 002, January 4, 2023 effective 1/18/2023.