CHAPTER 112
H.P. 267 - L.D. 345
An Act to Include Whole Scallops in the Shellfish Sanitation Program
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6001, sub-§55 is enacted to read:
55. Whole scallop. "Whole scallop" means a cultured scallop in any form, except when the final product form is the adductor muscle of the scallop only.
Sec. 2. 12 MRSA §6856, sub-§1, as enacted by PL 1977, c. 661, §5, is amended to read:
1. Certified activities. A shellfish certificate authorizes a wholesale seafood license holder or a shellfish transportation license holder to undertake the activities expressly authorized therein, which may include buying and selling, shipping, transporting, shucking or other processing of shellfish or whole scallops. A wholesale seafood license or shellfish transportation license shall is also be necessary to undertake the activities authorized under those licenses.
Sec. 3. 12 MRSA §6856, sub-§4, as amended by PL 1981, c. 462, §6, is further amended to read:
4. Regulations. The commissioner may adopt or amend regulations concerning:
A. The procedures for issuing certificates and the required qualifications for each type of certificate;
B. The minimum sanitation standards for establishments and vehicles;
C. The sanitation and quality control standards for shellfish and whole scallops and their products;
D. The methods for taking, handling, shipping, transporting and processing of shellfish and whole scallops taken from closed areas;
E. The records and reports of takings, purchases, processing, sales, shipping and transporting of shellfish and whole scallops;
F. The labeling or marking of shipments of shellfish and whole scallops; and
G. Other regulations necessary to the public health.
The regulations shall must be based on the particular operational requirements of each activity, the most recently adopted federal sanitation standards and the most recent generally accepted research data, in a manner so as to protect the public health and safety while allowing reasonable use of the state's State's shellfish and whole scallops.
Sec. 4. 12 MRSA §6856, sub-§6, as enacted by PL 1977, c. 661, §5, is amended to read:
6. Products embargoed and condemned. The commissioner, or his the commissioner's agent, shall indefinitely embargo, condemn or order to be destroyed any shellfish or, shellfish product or whole scallop in any establishment whenever it is determined that the product is of unsound quality, contains any filthy, decomposed or putrid substance, or may be poisonous or deleterious to health, or otherwise unsafe. The commissioner and his the commissioner's agent shall cooperate with those state and federal agencies, having similar responsibility, in the protection of public health and in enforcing the order to embargo, condemn or destroy.
In the event that any shellfish or, shellfish product or whole scallop in any establishment is embargoed, condemned or ordered destroyed, the commissioner, or his the commissioner's agent, shall, as soon thereafter as practical, notify the owner in writing of the amount and kind of shellfish or, shellfish product or whole scallop embargoed, condemned or destroyed.
Effective September 21, 2001, unless otherwise indicated.
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