SECTION 241.65. Dealer Molluscan Shell Stock Identification

(a) The dealer shall keep the harvester's tag affixed to each container of molluscan shell stock until the bag or container is:

(1) shipped; or

(2) emptied to wash, grade or pack the molluscan shell stock.

(b) Unless the dealer is also the harvester and has already placed a dealer tag on the container, the dealer shall affix his/her tag to each container of molluscan shell stock prior to shipment.

(c) The dealer's tags shall:

(1) be durable, waterproof and approved by the department prior to use; and

(2) be at least 2-5/8 by 5-1/4 inches (6.7 by 13.3 cm) in size.

(d) The dealer's tag shall contain the following indelible, legible information in the order specified below:

(1) the dealer's name and address;

(2) the dealer's certification number as assigned by the department and the original shellstock shipper's certification number;

(3) the date of harvest;

(4) the most precise identification of the harvest location as is practicable including the initials of the state of harvest, and any department designation of the harvest area by indexing, administrative or geographic designation;

(5) when the molluscan shell stock has been in wet storage in a dealer's operation, the tag shall state: "THIS PRODUCT IS A PRODUCT OF (NAME OF STATE) AND WAS WET STORED AT (FACILITY CERTIFICATION NUMBER) FROM (DATE) TO (DATE)";

(6) the type and quantity of molluscan shell stock; and

(7) the following statements in bold capitalized type on each tag:

(A) "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS"; and

(B) the consumer information statement adopted by the ISSC or its equivalent as approved by the SSD.

(e) When both the dealer and harvester tags appear on the container, the dealer's tag is not required to duplicate the information on the harvester's tag.

(f) If the molluscan shell stock is removed from the original container, the tag on the new container shall meet the requirements of this section.

(g) When the molluscan shell stock is removed from the original container, the dealer shall:

(1) keep the harvester tag for 90 days unless records maintained as part of the HACCP plan provide the necessary information to track product to the original harvest location;

(2) track the harvest area and date of harvest for the molluscan shell stock; and

(3) maintain the lot identity of all molluscan shell stock during any intermediate stage of processing.

Source Note: The provisions of this §241.65 adopted to be effective March 20, 2003, 28 TexReg 2346