Section He-P 2159.01 - Commingling Requirements(a) Any dealer who conducts commingling activities shall comply with the NSSP Guide.(b) The practice of commingling shall be limited to certified primary dealers who purchase shellstock directly from New Hampshire harvesters.(c) When a primary dealer chooses to commingle shellstock, they shall possess a written commingling plan approved by the department, which describes the procedures the primary dealer use to commingle product in a way to ensure that each lot of shellstock is identified in a way to prevent misidentification and provide traceability.(d) The commingling plan in (c) above shall include provisions that minimize commingling but meet the minimum of: (1) Multiple harvest areas from the same harvest date; or(2) Multiple harvest times from the same harvest area on the same day.(e) All shellfish tags and records shall indicate which areas and/or which dates from the same harvest area have been commingled, for example, Quahog Bay/White's Cove, Brunswick commingled, or Quahog Bay, Brunswick 11/12 & 11/13 commingled.(f) Shucked product may be commingled if it is in one container and from only one day processing. The areas commingled shall be documented in the days shucking log and also in the sales records.(g) Tags of commingled shellstock that has been held in wet storage shall include the statement: "This Product was in Wet Storage at (Facility Certification Number) from (Date) to (Date)."(h) When an entire cargo consists only of molluscan shellfish products, for example oysters, hard or soft shell clams, or mussels, the various lots shall be separated so as to avoid unintentional cross-contamination and/or commingling. When a lot of shellfish is part of a mixed cargo, for example, with other seafood or non-seafood products, it shall be protected from contamination and/or commingling through partitioning, horizontal separation, or other isolation methods.(i) No cargo shall be placed on or above the shellfish unless all cargo is packed in sealed, crush-resistant, waterproof containers.(j) All handling and recordkeeping practices shall ensure that any container of shellfish can be traced-back to a specific harvest date and harvest area.(k) Shellstock or shucked product from different lots shall not be commingled during repacking.N.H. Admin. Code § He-P 2159.01
Derived from Volume XXXIV Number 46, Filed November 13, 2014, Proposed by #10704, Effective 10/23/2014, Expires10/23/2024.Amended by Number 10, Filed March 9, 2023, Proposed by #13569, Effective 2/25/2023, Expires 2/25/2033.