N.J. Admin. Code § 2:71-9.5

Current through Register Vol. 57, No. 1, January 6, 2025

Section 2:71-9.5 - Packing requirements, packer identification and containers

(a) All containers, packages and packaging material bearing the "Jersey Seafood" logo must be new.

(b) Each container or package bearing the "Jersey Seafood" logo must include the following information imprinted in letters not less than three-eights of an inch in height and clearly marked on the container or package:

1. The name and address of the packer;

2. The phrase "Product of U.S.A. (NJ)"; and

3. A statement indicating the method of production using either the phrase "Wild Caught" or "Farm-Raised."

(c) Live farm-raised finfish shall be graded, packed and contained as follows:

1. Live finfish must be farmed in New Jersey;

2. Farmers of live finfish must possess an Aquatic Farmer License;

3. Live finfish shall be free from visible evidence of all infections, contagious, or communicable disease and known exposure thereto for at least 30 days prior to shipment;

4. Live finfish must show good movement, clear and bright eyes, and be free of all antibiotics and chemical additives;

5. Live finfish must be transported in accordance with the following requirements:

i. Water temperature during transport must be appropriate for the species;

ii. Oxygen levels in the water during transport must be appropriate for the species; and

iii. Appropriate drug withdrawal times shall be observed and records must be kept in accordance with the Recommended Management Practices for Aquatic Farms published by Rutgers University, revised March 2004, incorporated herein by reference, as amended and supplemented. A copy of this publication is available on the Department's website at: http://www.jerseyseafood.nj.gov/aquacultureamp.pdf or by contacting the Department's Fish and Seafood Development Program at P.O. Box 330, Trenton, New Jersey 08625. A copy of this publication is also available by contacting Rutgers Cooperative Extension, N.J. Agricultural Experiment Station, Rutgers, the State University of New Jersey, 88 Lipman Dr., New Brunswick, NJ 08901-8525; and

6. All live finfish shall be produced in accordance with the Recommended Management Practices for Aquatic Farms published by Rutgers University, revised March 2004.

(d) Whole farm-raised finfish shall be graded, packed and contained as follows:

1. Whole finfish must be farmed in New Jersey;

2. Farmers of whole finfish must possess an Aquatic Farmer License;

3. Whole finfish must show clear and bright eyes, flesh must be resilient, gills must be bright red, and odor should be fresh or briny;

4. Whole finfish must be transported in accordance with the following requirements:

i. Whole finfish must be packed in ice or gel packs and shipped at a temperature that does not exceed 40 degrees Fahrenheit; and

ii. Appropriate drug withdrawal times shall be observed and records must be kept in accordance with the Recommended Management Practices for Aquatic Farms, published by Rutgers University, revised March 2004;

5. All whole finfish shall be produced in accordance with the Recommended Management Practices for Aquatic Farms, published by Rutgers University, revised March 2004.

(e) Farmed shellfish shall be graded, packed and contained as follows:

1. All farmed shellfish must be grown out or produced in New Jersey;

2. A shellfish grower must possess an Aquatic Farmer License;

3. A shellfish grower must be in compliance with all appropriate license requirements, which may include, but are not limited to, those set forth in N.J.S.A. 50:2-1 et seq., 50:3-1 et seq., and 50:3-20.1 1 et seq., and N.J.A.C. 2:89-4.4, 7:25-8, 7:25A, 8:13, and 8:21-1, 2, 9, 11 and 13, as amended;

4. All farmed shellfish must be free from antibiotics and chemical additives and their shells must be whole and free of grit, sand and fouling organisms;

5. Containers holding farmed shellfish must be properly tagged in compliance with the 2005 National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Sections X .05, Shellstock Identification, and .06, Shucked Shellfish Labeling, as amended and supplemented, which is incorporated herein by reference;

6. All farmed shellfish must be handled in compliance with the following sections of the 2005 National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as amended and supplemented, which is incorporated herein by reference:

i. Section VI, Shellfish Aquaculture, subsections .01, Exceptions, .02, General, and .03, Seed Shellstock only;

ii. Section VIII, Control of Shellfish Harvesting, subsections .01, General, and .02, Shellstock Harvesting and Handling; and

iii. Section XIII, Shellstock Shipping, subsections .01, Critical Control Points, and .02, Sanitation;

7. A copy of the 2005 National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish is available by contacting the Office of Seafood Division of Programs and Enforcement Policy, 200 C Street, SW (HFS-417), Washington, DC 20204. This document is also available online at http://www.cfsan.fda.gov/%7Eear/nss3-toc.html;

8. All live farmed shellfish shall be produced in accordance with the Recommended Management Practices for Aquatic Farms, published by Rutgers University, revised March 2004.

(f) Wild-caught finfish shall be graded, packed and contained as follows:

1. Finfish must be landed by a New Jersey registered vessel;

2. Finfish must be landed in accordance with all rules and regulations promulgated by the NOAA Fisheries Service, the Atlantic States Marine Fisheries Commission, and the New Jersey Department of Environmental Protection to help ensure the sustainability of the resource;

3. Finfish should show good quality as indicated by clear bright eyes, resilient flesh, bright red gills, and odor should be fresh or briny;

4. Whole/dressed finfish must be chilled as quickly as possible, packed in ice or gel packs and shipped at temperatures that do not exceed 40[degrees] Fahrenheit.

i. Ice must be made from potable water;

5. All surfaces that contact fish must be sanitized using appropriate FDA approved methods;

6. Cleaning and sanitizing schedules and procedures must be established and compliance monitored;

7. Packing must be appropriate for method of transport and product form in order to preserve quality;

8. Fillets, steaks and other cut forms must be processed under Hazard Analysis Critical Control Point (HACCP) procedures as provided by the Fish and Fisheries Products Hazards and Controls Guidance, third edition, June 2001, which is incorporated herein by reference, as amended and supplemented. This document is available online at http://www.cfsan.fda.gov/%7Ecomm/haccp4.html. Processing facilities must meet the requirements of local health departments; and

9. Any firm that processes finfish for human consumption must possess a wholesale food license required by N.J.S.A. 24:15-13 and N.J.A.C. 8:21-13, Rules Governing Wholesale Food Establishments.

(g) Wild Caught Bivalve molluscan shellfish shall be graded, packed and contained as follows:

1. All shellfish must be landed in New Jersey;

2. All shellfish must harvested and packed by individuals who are in compliance with all appropriate license requirements, which may include, but are not limited to, those set forth in N.J.S.A. 50:2-1 et seq., 50:3-1 et seq., and 50:3-20.11 et seq., and N.J.A.C. 2:89-4.4, 7:25-8, 7:25A, 8:13, and 8:21-1, 2, 9, 11 and 13, as amended;

3. All shellfish must be harvested from approved, seasonally approved or special restricted waters as specified by N.J.A.C. 7:12-1, 3, and 4;

4. The shells of all shellfish must be whole, free of grit, sand and fouling organisms;

5. All shellfish must be handled in compliance with the National Shellfish Sanitation program 2005 Guide for the Control of Molluscan Shellfish;

6. Containers holding shellfish must be properly tagged in compliance with the 2005 National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, Sections X .05, Shellstock Identification, and .06, Shucked Shellfish Labeling;

7. All shellfish must be handled in compliance with the following sections of the 2005 National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish:

i. Section VI, Shellfish Aquaculture, subsections .01, Exceptions, .02, General, and .03, Seed Shellstock;

ii. Section VIII, Control of Shellfish Harvesting, subsections .01, General, and .02, Shellstock Harvesting and Handling; and

iii. Section XIII, Shellstock Shipping, subsections .01, Critical Control Points, and .02, Sanitation; and

8. Any firm that processes shellfish for human consumption must possess a wholesale food license required by N.J.S.A. 24:15-13 and N.J.A.C. 8:21-13, Rules Governing Wholesale Food Establishments.

(h) Crustaceans shall be graded, packed and contained as follows:

1. Lobsters and crabs must be harvested in New Jersey in accordance with all rules and regulations promulgated by the National Marine Fisheries Service, the Atlantic States Marine Fisheries Commission and the New Jersey Department of Environmental Protection (N.J.A.C. 7:25) to help ensure the sustainability of the resource;

2. Live lobsters and crabs should be vigorous and show good leg movement;

3. Lobsters and crabs should be kept moist and cool;

4. Lobster temperatures should remain above 32 degrees Fahrenheit and below 50 degrees Fahrenheit to maintain quality;

5. Lobsters and crabs should be packed right-side up;

6. Packing must be appropriate for method of transport; and

7. Any firm that processes crustaceans for human consumption must possess a wholesale food license required by N.J.S.A. 24:15-13, and N.J.A.C. 8:21-13, Rules Governing Wholesale Food Establishments.

(i) Value Seafood Products shall be graded, packed and contained as follows:

1. Value-added seafood products shall be processed in New Jersey under an FDA-approved Hazard Analysis Critical Control Point (HACCP) plan that is regularly monitored as provided by the Fish and Fisheries Products Hazards and Controls Guidance, third edition, June 2001;

2. Processing facilities must meet the requirements of local health departments;

3. Seafood processing facilities should have an established set of sanitary operating procedures that include cleaning and sanitizing schedules and procedures, as well as compliance monitoring;

4. Any firm that wholesales, stores or processes seafood products (fresh or saltwater) for human consumption must possess a wholesale food license requires by N.J.S.A. 24:15-13 and N.J.A.C. 8:13-1 and N.J.A.C. 8:21-13, Rules Governing Wholesale Food Establishments; and

5. Only potable water shall be used.

N.J. Admin. Code § 2:71-9.5