Hello,
I am wondering if there is an acceptable solution for sending out shellfish tags to customers that have either lost their tag or claim to have not received a tag.
I know that the code states that tags are mandatory and that they should be rejected or destroyed when not accompanied by said tag. Is there is some sort of work around if a tag is lost or missing upon receipt. I have been told that upon requesting a missing tag, a photocopy may be acceptable and a place holder, as long as a real physical copy is sent out to the customer for records. However, I cannot find any supporting documentation on this.
I can't imagine that shellfish tags do not often go missing or rip off of the bags, due to their relatively fragile nature.
Also, being located in Minnesota, USA, we are not part of the Interstate Certified Shellfish Shippers List, but can sell within our own state - just not across state lines. I am having a hard time determining what rules differ for those on the ICSSL and those who are not.
Any insight would be greatly apppreciated.
Title 21 —Food and Drugs
Chapter I —Food and Drug Administration, Department of Health and Human Services
Subchapter L —Regulations Under Certain Other Acts Administered by the Food and Drug
Administration
Part 1240 —Control of Communicable Diseases
Subpart D —Specific Administrative Decisions Regarding Interstate Shipments
Authority: 42 U.S.C. 216, 243, 264, 271.
Source: 40 FR 5620, Feb. 6, 1975, unless otherwise noted.
§ 1240.60 Molluscan shellfish.
(a) A person shall not offer for transportation, or transport, in interstate traffic any molluscan shellfish
handled or stored in such an insanitary manner, or grown in an area so contaminated, as to render such
molluscan shellfish likely to become agents in, and their transportation likely to contribute to the spread
of communicable disease from one State or possession to another.
(b) All shellstock shall bear a tag that discloses the date and place they were harvested (by State and site),
type and quantity of shellfish, and by whom they were harvested (i.e., the identification number assigned
to the harvester by the shellfish control authority, where applicable or, if such identification numbers are
not assigned, the name of the harvester or the name or registration number of the harvester's vessel). In
place of the tag, bulk shellstock shipments may be accompanied by a bill of lading or similar shipping
document that contains the same information.
© All containers of shucked molluscan shellfish shall bear a label that identifies the name, address, and
certification number of the packer or repacker of the molluscan shellfish.
(d) Any molluscan shellfish without such a tag, shipping document, or label, or with a tag, shipping document,
or label that does not bear all the information required by paragraphs (b) and © of this section, shall be
subject to seizure or refusal of entry, and destruction.