2 Va. Admin. Code § 5-585-430

Current through Register Vol. 41, No. 10, December 30, 2024

Section 2VAC5-585-430 - [Effective 2/13/2025] Molluscan shellfish; original container

A. Except as specified in subsections C, D, and E of this section, molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service.

B. Molluscan shellfish from one tagged or labeled container shall not be commingled with molluscan shellfish from another container with different certification numbers, different harvest dates, or different growing areas identified on the tag or label before being ordered by the consumer.^Pf

C. For display purposes, shellstock or in-shell product may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:

1. The source of the shellstock or in-shell product on display is identified as specified under 2VAC5-585-400 and recorded as specified under 2VAC5-585-440; and

2. The shellstock or in-shell product are protected from contamination.

D. Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request if:

1. The labeling information for the shellfish on display as specified under 2VAC5-585-400 is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

2. The shellfish are protected from contamination.

E. Shucked shellfish may be removed from the container in which they were received and repacked in consumer self-service containers where allowed by law if:

1. The labeling information for the shellfish is on each consumer self-service container as specified under 2VAC5-585-400 and 2VAC5-585-900 A and B 1 through 5;

2. The labeling information as specified under 2VAC5-585-400 is retained and correlated with the date when, or dates during which, the shellfish are sold or served;

3. The labeling information and dates specified under subdivision 2 of this subsection are maintained for 90 days; and

4. The shellfish are protected from contamination.

2 Va. Admin. Code § 5-585-430

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Amended, Virginia Register Volume 32, Issue 22, eff. 7/12/2016; Amended, Virginia Register Volume 41, Issue 10, eff. 2/13/2025.

Statutory Authority: § 3.2-5121 of the Code of Virginia.