13- 188 C.M.R. ch. 9, § 06

Current through 2024-25, June 19, 2024

Section 188-9-06 - Shellstock Tagging and Labeling

A. Each harvester licensed by the Department must, prior to landing, securely affix a tag to each container he/she has harvested. If the harvest has occurred at more than one harvest location each container must be tagged at the harvest location and must contain all information necessary to trace the shellfish back to the specific harvest area. Tags must be approved by the Department prior to use and be at least 2 5/8 inches x 5 ¼ inches (6.7 x 13.3 cm) in size and be waterproof and durable.

B. The harvester's tag must contain legible and indelible printed information arranged in the following order:

1. The title: "Harvester Tag" must be printed on the top of the harvester tag;

2. Harvester's name i.e., the first and last name of the person who harvested the shellstock;

3. Harvester's State Commercial Fishing license number;

4. Date of harvest;

5. Time of harvest, for the purpose of determining the time and temperature requirements in Chapter 9.08. For a harvester or vessel, the time would be when the first shellstock harvested is no longer submerged

6. The most precise identification of the harvest location, aquaculture lease site or LPA site as is practicable, including the initials of the state (Maine - ME), and the Department's designator of the growing area by indexing, administrative or geographic designation. If the Department has not indexed growing areas, then an appropriate geographical or administrative designation must be used; e.g. flat or cove, river or bay, town, state. For example: White's Cove, Nonesuch River, Shellfishville, ME;

(a) Off shore vessels harvesting mahogany quahogs must provide identification as to the bay (if appropriate) and/or harvesting zones described by the Department.

7. Type and quantity of shellfish;

8. The following statement, which must appear in bold capitalized type and must be adhered to at all times:

"THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS"; and

C. It shall be unlawful for any person or persons other than the certified dealer to be in possession ofunused certified dealer tags.

D. The absence of tags as required by this regulation shall be prima facie evidence of a violation of these regulations and shall be grounds for the immediate embargo and/or destruction of the untagged shellstock as being of unsound or unknown quality, and therefore, unsafe for human consumption.

1.Exception: Bulk tags where approved for use by the Department in accordance with Chapter 15.18(D).

E. Shellfish tags that do not contain the required information, or are altered or mislabeled, shall be grounds for the immediate embargo and/or destruction of the shellstock as being of unsound or unknown quality, and therefore, unsafe for human consumption.

F. Example harvester tags are located at the end of this chapter. Note: both sides of a harvester tag may be used.

13- 188 C.M.R. ch. 9, § 06