Section 250-RICR-90-00-7.7 - Shellfish Dealer LicenseA. Applicability: Authorizes the sale, purchase, barter, or trade in wild or cultured shellfish that have been:1. Harvested from or cultured in Rhode Island waters from licensed shellfishermen, licensed aquaculturists, or other shellfish dealers; or,2. Harvested from waters outside of Rhode Island from a dealer whose shellfish business appears on the U.S. Food and Drug Administration Interstate Certified Shellfish Shippers List (ICSSL), and tagged in accordance with the National Shellfish Sanitation Program (NSSP) Model Ordinance and Rhode Island Department of Health Regulations, Processing and Distribution of Shellfish ( 216-RICR-50-10-6).B. Eligibility: Applicants must demonstrate that they or their registered agent maintain a fixed place of business in the State of Rhode Island at which transaction records will be maintained and made available for inspection during normal business hours.C. General Requirements1. Shellfish dealers may not purchase or accept any wild or cultured shellfish from a shellfisherman or aquaculturist without first being presented with a valid commercial fishing license or Aquaculture license issued by the Director.2. Shellfish dealers must also possess a DOH shellfish business license pursuant to Rhode Island Department of Health Regulations, Processing and Distribution of Shellfish ( 216-RICR-50-10-6 ).3. Shellfish dealers shall maintain a record of transaction for all sales of shellfish. The following information shall be maintained at the dealer's place of business and be available for inspection by the Director:b. Seller's commercial fishing license number;c. Seller's date of birth;d. Harvest tagging area where shellfish were harvested;e. Quantity of shellfish purchased;h. Date and time of transaction;j. For transactions of shellfish cultured on an aquaculture lease, the dealer shall maintain complete, accurate and legible records sufficient to document the source of shellfish and permit the contents of the container of shellfish to be traced back to the aquaculture lease site and date of harvest. All transactions shall be recorded by DEM and DOH by a method approved by DEM and DOH.4. Shellfish harvested from or cultured in Rhode Island waters may only be sold to out-of-State dealers by shellfish dealers whose businesses appear on the U.S. Food and Drug Administration Interstate Certified Shellfish Shippers List (ICSSL) and are licensed with DOH.5. Shellfish harvested from or cultured in other than Rhode Island waters may only be sold to dealers in or from Rhode Island by out-of-State dealers whose businesses appear on the U.S. Food and Drug Administration Interstate Certified Shellfish Shippers List (ICSSL).6. A dealer may possess undersize cultured shellfish crops, excluding bay quahaugs, provided the dealer has obtained said cultured crops from an aquaculturist or dealer.7. Wet storage of shellfish: No person shall engage in land-based wet storage, as defined in the NSSP Model Ordinance, which is incorporated herein by reference) of molluscan shellfish without prior written authorization from DOH. Open-water wet storage, as defined in the NSSP Model Ordinance, is prohibited.8. Dealer handling of shellfish: Dealers shall comply with the NSSP Model Ordinance and Rhode Island Department of Health Regulations, Processing and Distribution of Shellfish ( 216-RICR-50-10-6).9. Dealer tagging of shellfish: Dealers shall comply with the NSSP Model Ordinance and Rhode Island Department of Health Regulations, Processing and Distribution of Shellfish ( 216-RICR-50-10-6). Dealer tagging is not required for surf clams or ocean quahaugs for use as bait and not for human consumption, however at a minimum must be labeled and/or designated as bait in a method approved by DEM and DOH.250 R.I. Code R. 250-RICR-90-00-7.7
Amended effective 3/10/2021
Amended effective 1/16/2022
Amended effective 4/30/2023
Amended effective 11/20/2023
Amended effective 5/1/2024