Administrative Code

Virginia Administrative Code
7/19/2024

Chapter 150. Regulations for the Sanitary Control of Storing, Processing, Packing or Repacking of Oysters, Clams and Other Shellfish

12VAC5-150-10. Definitions.

The following words and terms, when used in this chapter shall have the following meaning, unless the context clearly indicates otherwise:

"Certificate of inspection" means the certificate issued by the State Health Commissioner to each person, firm, or corporation operating an establishment for the storing, processing, packing, or repacking of oysters, clams, and other shellfish, to operate the establishment.

"Establishment" means any property or premises where shellfish are stored, processed, packed, or repacked prior to removal from the property or premises for sale or for storage in the fresh or frozen state.

"Standards and specifications" means the standards and specifications established by the State Health Commissioner:

Statutory Authority

Chapter 8 (§ 28.2-800 et seq.) of Title 28.2 of the Code of Virginia.

Historical Notes

Derived from VR355-19-05 § 1, eff. September 1, 1969.

12VAC5-150-20. Certificate of inspection.

Any person, firm, or corporation operating an establishment as defined above shall first obtain the approval from the State Health Commissioner in the form of a Certificate of Inspection.

Statutory Authority

Chapter 8 (§ 28.2-800 et seq.) of Title 28.2 of the Code of Virginia.

Historical Notes

Derived from VR355-19-05 § 2, eff. September 1, 1969.

12VAC5-150-30. Application for certificate of inspection.

Application for a Certificate of Inspection to operate an establishment for the storing, processing, packing, or repacking of oysters, clams, and other shellfish shall be made on forms provided by the State Health Department. When inspection reveals that these regulations and the applicable standards and specifications for construction and equipment have been met, the Certificate of Inspection shall be issued for a period of time not exceeding one year.

Statutory Authority

Chapter 8 (§ 28.2-800 et seq.) of Title 28.2 of the Code of Virginia.

Historical Notes

Derived from VR355-19-05 § 3, eff. September 1, 1969.

12VAC5-150-40. Revocation of Certificate of Inspection.

The operation of an establishment for the storing, processing, packing, or repacking of oysters, clams and other shellfish shall be in accordance with the application for a Certificate of Inspection, this chapter and the standards and specifications established by the State Health Commissioner. Whenever the State Health Commissioner finds that the foregoing are being violated, or finds insanitary or other conditions in the operation of the establishment which in his judgment constitute a substantial hazard to the public health, he may revoke the Certificate of Inspection. If a hearing is desired on this action, it will be afforded when written request has been made to the commissioner. For future operation, after revocation of Certification of Inspection, application shall be made for a new Certificate of Inspection as provided above.

Statutory Authority

Chapter 8 (§ 28.2-800 et seq.) of Title 28.2 of the Code of Virginia.

Historical Notes

Derived from VR355-19-05 § 4, eff. September 1, 1969.

12VAC5-150-50. Plans for construction.

Plans for new construction and major modification of establishments used for the storing, processing, packing, or repacking of oysters, clams, and other shellfish shall be submitted to the Division of Shellfish Sanitation for review and approval of arrangement and construction and equipment items which pertain to sanitary operation before the work is begun.

Statutory Authority

Chapter 8 (§ 28.2-800 et seq.) of Title 28.2 of the Code of Virginia.

Historical Notes

Derived from VR355-19-05 § 5, eff. September 1, 1969.

12VAC5-150-60. Importation of shellfish.

Maryland shellfish imported by certified Virginia dealers for shucking must be either from dealers that have been certified for interstate shipment through the United States Public Health Service or be accompanied by an official statement that such shellstock has been harvested from areas approved by the Maryland State Department of Health.

The importation of shellfish into the State of Virginia that have not been certified for interstate shipment through the United States Public Health Service (except as specified above) shall be prohibited. This prohibition shall not extend to shellstock imported into the Commonwealth for replanting under the direction of the Marine Resources Commission.

Importation of shellfish from foreign countries shall be prohibited except from countries certified under the National Shellfish Sanitation Program.

Statutory Authority

Chapter 8 (§ 28.2-800 et seq.) of Title 28.2 of the Code of Virginia.

Historical Notes

Derived from VR355-19-05 § 6, eff. September 1, 1969.

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