N.J. Admin. Code § 8:13-1.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:13-1.3 - Prohibited acts

(a) No person shall sell, offer for sale or have in his or her possession with intent to sell without a permit from the DEP any shellfish which have been taken from a place classified as "Prohibited" or otherwise closed to harvesting by the DEP pursuant to N.J.A.C. 7:12 (58:24-1 ) or from a place condemned by authorities having supervision at the point of origin of the shellfish without permission from such authorities and/or the DEP.

(b) No person shall engage in the wholesale handling of shellfish, operate or conduct an establishment for the shucking, repacking or wet storage of shellfish without a certificate issued by the Department, except that shellstock harvested by a harvester in accordance with the provisions of these rules may be transported and sold to a certified dealer.

(c) No person shall receive or accept any shipment of shellfish for shucking, repacking, shipping or sale unless the New Jersey dealer holds a current certificate issued pursuant to 8:13-1.5 and holds a current license issued pursuant to 24:15-13. Shellfish originating from out-of-State sources shall be received from states or countries that have received the endorsement of the FDA and the dealer shall be listed in the current Interstate Certified Shellfish Shippers List published by the FDA.

(d) No retailer may repack or shuck shellfish without a certificate from the Department unless it is done on order from the consumer.

N.J. Admin. Code § 8:13-1.3