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Virginia Administrative Code
Title 2. Agriculture
Agency 5. Department of Agriculture And Consumer Services
Chapter 585. Retail Food Establishment Regulations
3/24/2025

2VAC5-585-440.  Molluscan shellfish, maintaining 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 is removed from its tagged or labeled container:

a. Preserving source identification by using a recordkeeping system as specified under subdivision 1 of this subsection;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

§ 3.2-5121 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Voume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

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