Section 188-6-03 - Restrictions & ProhibitionsA. Lobster Processor License A Lobster Processor License (LPL) authorizes a wholesale seafood license with lobster permit holder to remove lobster tails and parts in the shell from the lobster, only under the following conditions:
(1) The tails shall only be removed from lobster at the fixed facility name on the LPL.(2) The tails shall only come from legal size lobster in accordance with 12 M.R.S. §6431 or from oversize lobster as provided in 12 M.R.S. §6431(6-B) as long as those oversize lobster are in conformance with the provisions of that law and the LPL license holder also holds a Lobster Import/Export permit in accordance with Chapter 25.75.(3) Lobster parts: A Lobster Processor License holder may remove lobster parts in the shell other than the tail to be offered for sale. Other lobster parts include the carapace, claws, knuckles, legs and shells.(4) Tail meat removed from the lobster shall remain whole and intact except as permitted by waiver in accordance with Chapter 6.03(A)(5). Tail meat removed from oversize lobster as provided in 12 M.R.S. §6431(6-B) shall remain whole and intact, no waiver is allowed.(5) Lobster Processing License - Waiver The Commissioner may grant waivers in writing for specific lobster products when requested in writing by Lobster Processor License holders.
B. Lobster Processor Tails only License A Lobster Processor Tails only License (LPTOL) authorizes a wholesale seafood license with lobster permit holder to remove lobster tails in the shell from the lobster, only under the following conditions:
(1) The tails shall only be removed from lobster at the fixed facility name on the LPTOL.(2) The tails shall only come from legal size lobster in accordance with 12 M.R.S. §6431.(3) The tails removed from the lobster shall remain whole and intact.C. Lobster Meat Permit A lobster meat permit authorizes a wholesale seafood license holder or a retail seafood license holder to remove lobster meat from the shell for sale under the following conditions:
(1) The meat may be removed from the shell only at the establishment named in the permit.(2) The meat may come from only legal-sized lobsters in accordance with 12 M.R.S. §6431.(3) Tail sections must be removed from the shell whole and intact.(a) Exception for wholesale seafood license holder The holder of a wholesale seafood license may, at the license holder's regular establishment, cut up lobster tail sections immediately prior to and for the purpose of preserving, canning or freezing them as processed stews, pies, salads, Newburg's or chowders.
D. Containers and Labeling (1) All containers of processed lobster meat, lobster tails, lobster parts or by products must be clearly labeled with the Lobster Processor License, Lobster Processor Tails only License or Lobster Meat Permit number of the packer pursuant to 12 M.R.S. §6851-B(2)(C) and § 6857(2)(D) or be identified as lawfully imported from another jurisdiction. All containers of processed lobster meat, lobster tails, lobster parts or by products must be clearly labeled with a coding system to identify the date of pack/packaging in compliance with 9 CFR 317.8(32) the Maine Food Code and approved in writing from the Commissioner. Address: Department of Marine Resources, Attn: Commissioner/Lobster Pack Code Request, State House Station°21, Augusta, Maine 04333-0021.
Shipment of all containers of tail meat removed from oversize lobster as provided in 12 M.R.S. §6431(6-B) shall convey the oversize lobster tails sealed in accordance with Chapter 25.75 for shipment out of state.
The license or permit number, identification of contents, approved pack/packaging code, and the name and address of license holder must appear in bold capitalized type, be waterproof and durable in indelible print, and must be adhered to the container at all times through to the final consumer sale or until the container is empty. The absence of the license or permit number, approved pack/packaging code, and the name and address of license holder as required by this regulation shall be prima facie evidence of violation of these regulations.
(2) Container labeling requirements shall not apply to hermetically sealed (12°M.R.S. §6001(19) ) containers.E. Records Persons who hold a Lobster Processor License or Lobster Processor Tails only License pursuant to 12 M.R.S. §6851-B or a Lobster Meat Permit pursuant to 12 M.R.S. §6857 must maintain records pertaining to all lobster purchases and shipments received. These records must be made available to the Department upon request and must comply with the following criteria:
(1) Each license or permit holder must have a business address at which the records are maintained;(2) The records must be complete, accurate and legible;(3) The records must be sufficient to allow each container of processed lobster, lobster tails or parts to be traced back to the specific incoming source of lobster;(4) The records must be maintained in a permanently bound ledger book or other recording method approved by the Department; and(5) The records must be retained for a minimum of one year for fresh products and for a minimum of two years for frozen products.(6) A LPL license holder who also holds a Lobster Import/Export permit in accordance with Chapter 25.75 shall submit data on forms provided by the Department by January 1st annually.13- 188 C.M.R. ch. 6, § 03