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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 421. Food Regulations
9/14/2026

12VAC5-421-440.  Molluscan shellfish; maintain identification.

A. Except as specified under subdivision C 2 of this section, molluscan shellfish tags or labels shall remain attached to the container in which the shellstock are received until the container is empty.Pf

B. The date when the last molluscan shellfish from the container is sold or served shall be recorded on the tag, label, or invoice.Pf

C. The identity of the source of molluscan shellfish that are sold or served shall be maintained by retaining product tags, labels, or invoices for 90 calendar days from the date that is recorded on the tag, label, or invoice as specified in subsection B of this section, by:Pf

1. Using an approved recordkeeping system that keeps the tags, labels, or invoices in chronological order correlated to the date that is recorded on the tag, label, or invoice as specified under subsection B of this section;Pf and

2. If shellstock, shucked shellfish, or in-shell product are removed from the tagged or labeled container:

a. Preserving source identification by using a recordkeeping system as specified under subdivision C 1 of this section;Pf and

b. Ensuring that shellstock, shucked shellfish, or in-shell product from one tagged or labeled container are not commingled with shellstock, shucked shellfish, or in-shell product from another container with different certification numbers, different harvest dates, or different growing areas as identified on the tag or label before being ordered by the consumer.Pf

Statutory Authority

§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021; Volume 42, Issue 25, eff. September 10, 2026.

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