Md. Code Regs. 10.15.07.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.15.07.04 - Licenses and Certifications

A. Except for a licensed harvester delivering the harvester's catch to a certified dealer on the day of harvest, a person may not offer shellfish for sale in-State or interstate unless the person is licensed and certified in accordance with this chapter.

B. In order to operate a shellfish plant, a person shall obtain a food processing plant license pursuant to the provisions of:

(1) Health-General Article, §21-305, Annotated Code of Maryland;

(2) COMAR 10.15.04; and

(3) This chapter.

C. The person-in-charge shall ensure that:

(1) Shellfish are not purchased, sold, or processed without the:

(a) License required by the Health-General Article, §21-305, Annotated Code of Maryland; and

(b) Certification required by this chapter; and

(2) The required food processing plant license and certification are conspicuously posted in the plant.

D. In order to purchase or ship shellfish products in in-State or interstate commerce, a person shall obtain certification pursuant to this chapter.

E. The Department shall specify on the license and certification issued to a person operating a shellfish plant that the person is approved to operate as a:

(1) Shucker-packer (SP);

(2) Repacker (RP);

(3) Shellstock shipper (SS);

(4) Reshipper (RS); or

(5) Depuration processor (DP).

F. The person-in-charge shall ensure that the operations in the plant are limited to the type of shellfish operation specified on the license and certification pursuant to §E of this regulation.

Md. Code Regs. 10.15.07.04

Regulations .04 amended effective May 26, 1976 (3:11 Md. R. 592)
Regulations .04 amended as an emergency provision effective August 20, 1985 (12:19 Md. R. 1843); emergency status expired December 18, 1985
Regulations .04 amended effective March 10, 1986 (13:5 Md. R. 543)
Regulations .04 adopted effective November 6, 2006 (33:22 Md. R. 1733)
Regulation .04 amended effective November 17, 2008 (35:23 Md. R. 2013)
Regulation .04D amended effective October 16, 2009 (36:20 Md. R. 1528)
Regulation .04E amended as an emergency provision effective June 1, 2011 (38:15 Md. R. 898); amended permanently effective August 22, 2011 (38:17 Md. R. 1012)