N.J. Admin. Code § 8:13-1.7

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:13-1.7 - Oyster temperature control

(a) From June 1 through September 15 of each year, a harvester shall implement the following mechanism onboard a vessel to control the temperature of oysters immediately following harvest:

1. The vessel shall have tarping installed that shall be used on a constant basis when the harvesting of oysters begins until unloading begins at the dockside.

2. The tarping shall:

i. Remain in place and withstand typical operating and weather conditions;

ii. Provide a minimum of one foot clearance above and prevent direct sunlight on oysters held in cages or other holding devices;

iii. Extend a minimum of one foot beyond the perimeter of oyster cages or other holding devices; and

iv. Be maintained in sanitary and operable condition.

(b) From June 1 through September 15 of each year:

1. Vehicles that do not possess mechanical refrigeration onto which oysters are offloaded from harvest vessels and that are used for the transportation of oysters to a certified dealer's establishment shall have tarping installed that meets the requirements of (a)2 above and that provides constant shading of the oysters; and

2. Vehicles used to transport oysters from harvest vessels to certified dealers' establishments shall provide refrigeration when the transportation time will exceed one hour, which refrigeration shall be maintained during transport at 45 degrees Fahrenheit (7.2 degrees Celsius) or colder.

(c) Certified dealers shall evaluate refrigeration units at their establishments by May 1 of each year for adequacy of refrigeration sizing, capacity and operability, to cool down oysters overnight to 45 degrees Fahrenheit (7.2 degrees Celsius) or cooler.

1. Certified dealers shall maintain oysters held at their establishments at 45 degrees Fahrenheit (7.2 degrees Celsius) or colder.

2. Certified dealers shall have refrigeration units at their establishments that are equipped with continuous monitoring temperature loggers with backup alarm systems to monitor refrigeration temperature and to ensure continuous operation of the units.

3. Refrigeration units at certified dealers' establishments are subject to inspection by the Department each year prior to June 1 to verify adequate sizing, capacity and operation.

(d) Certified dealers shall use hand-held probe-type or laser-type thermometers daily to monitor receiving and shipping temperatures of oysters, and shall record the temperature of the oysters directly on the transaction sales receipt:

1. Within 15 minutes of offloading oysters from harvest vessels onto transportation vehicles;

2. Upon receipt of oysters at certified dealers' establishments after transport;

3. Upon loading oysters onto vehicles for intrastate or interstate shipment after overnight refrigeration and storage; and

4. Upon delivery of oysters to retail food establishments or secondary and subsequent certified dealers' establishments.

(e) Harvesters and vehicle transporters may apply to the Commissioner in care of the Public Health and Food Protection Program, Consumer, Environmental and Occupational Health Service, Public Health Services Branch, New Jersey Department of Health, PO Box 369, Trenton, NJ 08625-0369, for authorization to use means other than the mechanisms required in (a) through (d) above to control the temperature of oysters on board a vessel during harvesting, on board a vehicle during transportation, while being held at a certified dealer's establishment and/or upon delivery to another establishment.

1. In evaluating applications for authorization to use means other than the mechanism provided in (a) through (d) above to control the temperature of oysters, the Department will consider:

i. The ability of the proposed mechanism to retard temperature increase until the commencement of unloading begins; and

ii. The ability of the proposed mechanism to be maintained in sanitary and operable condition.

(f) The requirements at (a) through (e) above for oyster temperature control on board the harvest vessel, after offloading, on transportation vehicles, while being held at a certified dealer's establishment and upon delivery to another establishment or dealer, are part of New Jersey's Vibrio parahaemolyticus Control Plan as implemented by the New Jersey Department of Health during the year.

N.J. Admin. Code § 8:13-1.7

Amended by 50 N.J.R. 2149(b), effective 10/15/2018