SECTION 241.58. Certification Requirements

(a) No person shall engage in any activity requiring a certificate in §§241.50 - 241.71 of this title (relating to Molluscan Shellfish) without having applied for and obtained an annual numbered certificate of compliance pertaining to the particular activity from the commissioner. No certificate will be issued without a HACCP plan in accordance with §241.63 of this title (relating to General HACCP Requirements) that is acceptable to the SSD.

(b) Dealer certification.

(1) Shucker/packer. Any person who shucks molluscan shellfish shall be certified as a shucker/packer.

(2) Repacker.

(A) Any person who repacks shucked molluscan shellfish shall be certified as a shucker/packer or repacker.

(B) Any person who repacks molluscan shell stock shall be certified as a shellstock shipper, shucker/packer, or repacker.

(C) A repacker shall not shuck molluscan shellfish.

(3) Shellstock shipper. Any person who ships and receives molluscan shell stock in interstate commerce shall be certified as a shellstock shipper, repacker, or shucker/packer.

(c) Time Period for Processing and Issuing a Certificate of Compliance.

(1) The date a certificate of compliance application is received is the date the original application reaches the department.

(2) The period for processing an application begins on the date the SSD receives a compliance memo from an authorized agent of the state, which states the facility is in compliance with all applicable rules, including the HACCP requirements described in §241.63 of this title.

(3) An application for a certificate of compliance is complete when:

(A) the SSD has received, reviewed and found acceptable the application information required by §§241.50 - 241.71 of this title (relating to Molluscan Shellfish); and

(B) the SSD receives a compliance memo from an authorized agent of the state, which states the facility is in compliance with all applicable rules, including the HACCP requirements described in §241.63 of this title.

(4) A Certificate of Compliance is valid from September 1 - August 31 of each year, or part thereof.

(d) Each dealer shall have a Texas business address at which inspections of facilities, activities, equipment, or records can be made.

(e) Each dealer shall accept molluscan shellfish only if they are taken from areas approved by the department, or obtained from sources outside the State of Texas that are approved by the department. If obtained from sources outside of the State of Texas, the molluscan shellfish must be from areas approved by the appropriate state or other government authority having jurisdiction and must be obtained from dealers currently certified by the appropriate state or other government authority. Molluscan shellfish obtained from sources other than those outlined in this section shall not be sold, offered for sale, or held for sale in Texas.

(f) Prior to beginning construction of a new molluscan shellfish processing plant, or major remodeling of an existing molluscan shellfish processing plant (which includes, but is not limited to: any process new to that particular plant; any change of product flow; or any enlarging of the plant structure), complete, legible plans showing the floor plan of the building, with dimensions drawn to scale, location of equipment, doors, floor drains, etc., and written, complete operational procedures for all phases of the activity, including flow of the product, shall be submitted to the SSD for review and written approval. Additional plans of the entire premises may be required showing all structures, as well as all water wells and septic systems with related distances and a statement of specifications as to type, sizes, design, date installed, etc. Plans shall be submitted to the SSD no less than 30 days prior to initiating a new process or beginning construction. No operations shall be conducted while any construction or related activity that has the potential to contaminate the product is occurring inside the plant.

(g) A legibly written or typed application for certification on forms provided by the department must be filed with the SSD each year. The application for a shucker/packer or repacker certificate must be accompanied by a written statement of the procedure the applicant will use to determine the "SELL BY" date for molluscan shellfish packed and shipped from the location listed in the application.

(h) A certificate and unique number shall be issued by the commissioner only after an inspection of the plant by an authorized agent has determined that the plant and practices are in compliance with these sections. A certificate and unique number shall be issued to a dealer for each location at which molluscan shellfish operations are to be conducted and a certificate is required.

(i) The inspection of a previously certified plant which has had critical, key or other deficiencies cited against it, or had a certificate of compliance revoked, shall not be conducted by the SSD until written, complete operational procedures for all phases of the regulated activity, including flow of the product, are submitted to the SSD for review and written approval. An application may be refused and a certificate of compliance revoked or denied based on a history of failure to comply with the requirements of these sections in accordance with §241.60 of this title (relating to Enforcement).

(j) Molluscan shellfish operations by the dealer shall not begin until the department has issued the certificate for that location. Each certificate shall expire automatically at 11:59 p.m. on August 31st following the date of issue. Certificates shall not be transferable.

Source Note: The provisions of this §241.58 adopted to be effective March 20, 2003, 28 TexReg 2346