MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

Miss. Code Ann. § 49-15-45, provides that certain municipalities may enforce oyster regulations. Notes 22 Miss. Code. R. 17-02-108

Miss. Code Ann. § 49-15-46(4), requires all oysters harvested in Mississippi shall be tagged. Notes 22 Miss. Code. R. 17-02-109

Miss. Code Ann. § 49-15-63, addresses general penalties for violation of these regulations. Notes 22 Miss. Code. R. 17-02-110

Molluscan shellfish shall be deemed to be adulterated if any foreign substance has been added to the molluscan shellfish, or has been mixed or packed therewith so as to increase its bulk or weight, or reduce its quality, or make it appear better or of greater value than it is. No…

ADEQUATELY ICED - means the containers holding the molluscan shellfish have enough ice on the molluscan shellfish to provide cooling to achieve required internal temperature as defined in the most current version of the Interstate Shellfish Sanitation Conference's (ISSC) National…

An individual, firm or corporation who has been issued a numbered license and certification by the Commission or the Mississippi Department of Marine Resources (DMR), its Executive Director, Director of Marine Fisheries, Seafood Technology Bureau Director or other DMR designee fo…

A certified shellfish plant is defined as a shellfish plant which complies with the provisions of this Part and which possesses a valid shellfish processing plant license and certification from the Commission or the DMR, its Executive Director, Director of Marine Fisheries, Seafo…

All molluscan shellstock, molluscan shellfish, obtained from uncertified shops or dealers or from an unlicensed harvester, molluscan shellstock obtained from waters not declared safe and sanitary by the DMR and offered for sale or sold, and shucked molluscan shellfish obtained fr…

The movement of a shipment or service across state or international borders; or the intent to continue a movement within a state that originated from another state or country. Notes 22 Miss. Code. R. 17-03-105

The movement that originates in a single state, moves in that state only and delivers in that originating state. Notes 22 Miss. Code. R. 17-03-106

The point at which molluscan shellfish first are brought to a point of land after being harvested and are no longer transported by boat or vessel. Notes 22 Miss. Code. R. 17-03-107

All edible molluscan shellfish species of oysters, clams, mussels, or scallops; either shucked or in the shell; fresh or frozen; whole or in part. Notes 22 Miss. Code. R. 17-03-108

Shucked molluscan shellfish shall be deemed to be misbranded if its labeling is false or misleading in any way, or if it does not bear a label in accordance to Chapter 11 (Labeling and Tagging of Molluscan Shellfish) of this Part. Notes 22 Miss. Code. R. 17-03-109

A person other than the original certified shucker-packer who repacks shucked molluscan shellfish into other containers. A repacker may also repack and ship shellstock. A repacker shall not shuck molluscan shellfish. Notes 22 Miss. Code. R. 17-03-110

A person who purchases shucked molluscan shellfish or shellstock from other certified shippers and sells the product without repacking or relabeling to other certified shippers, wholesalers, or retailers. Notes 22 Miss. Code. R. 17-03-111

Is used to state mandatory requirements. Notes 22 Miss. Code. R. 17-03-112

Molluscan shellfish in the shell. Notes 22 Miss. Code. R. 17-03-113

A person who grows, harvests, buys, or repacks and sells shellstock. They are not authorized to shuck molluscan shellfish or to repack shucked molluscan shellfish. A shellstock shipper may also ship shucked molluscan shellfish Notes 22 Miss. Code. R. 17-03-114

Is used to state recommended or advisory procedures or to identify recommended equipment. Notes 22 Miss. Code. R. 17-03-115

A person who shucks and packs molluscan shellfish. A shucker-packer may act as a shellstock shipper or reshipper or may repack molluscan shellfish originating from other certified dealers. Notes 22 Miss. Code. R. 17-03-116

When molluscan shellfish are transferred from a licensed harvester to a certified dealer or from a certified dealer's mobile unit to another certified dealer's mobile unit, the transfer of tagged molluscan shellfish shall take place across transfer facilities or locations that ar…

Any person, firm, corporation or business desiring to alter an existing or construct a new molluscan shellfish handling/transporting/processing facility shall acquire a Mississippi Certified Shellfish Sanitation or Processing Plant license and certification from the DMR to operat…

The DMR shall manage the State of Mississippi's molluscan shellfish sanitation program according to the relevant specifications stated in the current NSSP Model Ordinance Guidelines/ISSC, and according to Commission Title and Parts that are not in conflict with these specificatio…

The DMR's management includes inspections of the certified facilities in accordance with relevant NSSP/ISSC sanitation/health safety specifications and issuance to certified dealers itemized statements of compliances and non-compliances with these specifications. For the cited ex…

It shall be unlawful for any person, firm, or corporation to possess, land, handle, unload, open, sell or offer for sale or transport any molluscan shellfish taken from the waters under the territorial jurisdiction of the State of Mississippi except those molluscan shellfish take…

It shall be unlawful for any person, firm or corporation to sell or possess any illegal molluscan shellfish as provided for in Miss. Code Ann. § 49-15-44. Notes 22 Miss. Code. R. 17-08-100

As provided in Miss. Code Ann. § 49-15-15(1)(c), in the three coastal counties, the shellfish sanitation program regulating processing plants and molluscan shellfish sold in retail stores operating in conjunction with a processing plant or seafood market that primarily deals with…

It shall be unlawful for any person, firm or corporation to engage in handling, shucking, packaging, repackaging, or shipping molluscan shellfish for sale, who does not possess a dealer's or processor's license and certification from the Commission or as hereby authorized by the …

Each certified molluscan shellfish seafood facility shall follow the provisions as described in the general requirements for dealers in the current NSSP Model Ordinance Guidelines. Notes 22 Miss. Code. R. 17-09-102

A license and certification held by a person shall be suspended or revoked by the Commission when it has reason to believe that a public health hazard exists or whenever the holder has violated any of the requirements of this regulation or whenever the holder has interfered with …

The DMR shall in all cases serve upon the holder a written notice of intent to suspend the license and certification. The notice shall specify the violations and afford the holder such reasonable opportunity to correct such violations as may be agreed to by the parties or in abse…

A suspension of license and certification shall remain in effect until the violation has been corrected to the satisfaction of the Commission. In a case where the molluscan shellfish and molluscan shellfish products involved create a health hazard or whenever adulterated or misbr…

Upon request for reapplication, from any person whose license and certification has been suspended, the Commission or as hereby authorized DMR officers, the DMR shall make such inspection(s) and/or collect samples as deemed necessary to determine compliance with the requirement o…

It shall be unlawful for any person within the state of Mississippi, under the jurisdiction and authority of the Commission in accordance with Miss. Code Ann. 49-15-15 (1) (c) to provide, purchase, sell, offer, possess, or expose for sale, or have in possession with intent to sel…

No person shall hold or pack molluscan shellfish under conditions whereby the molluscan shellfish may become adulterated. Notes 22 Miss. Code. R. 17-10-101

Any adulterated, misbranded, mislabeled, or unlabeled molluscan shellfish or molluscan shellfish products under the jurisdiction and authority of the Commission in accordance with Miss. Code Ann. 49-15-15 (1) (c), may be impounded by the direction of the Commission or as hereby a…

Seizure and disposal of molluscan shellfish products shall be carried out by a Marine Patrol Officer as directed by the Commission, or as hereby authorized by the DMR Executive Director, Director of Marine Fisheries, Seafood Technology Bureau Director or Certified Seafood Officer…

When both the harvester and dealer tags appear on the container, the dealer's tag is not required to duplicate the information on the harvester's tag. Notes 22 Miss. Code. R. 17-11-102

It shall be unlawful for any molluscan shellfish harvested from Mississippi waters or landed in the state and shipped into interstate commerce to originate from other than a Mississippi Certified Dealer. Notes 22 Miss. Code. R. 17-11-103

If the molluscan shellfish is removed from the original container by the dealer, the tag on the new container shall meet the requirements in Chapter 11 of this Part. Notes 22 Miss. Code. R. 17-11-104

The Executive Director may establish additional labeling and tagging requirements as may be required or necessary according to the most recent labeling/tagging changes in the current version of the ISSC's NSSP Model Ordinance. Notes 22 Miss. Code. R. 17-11-106

Persons, firms or corporations handling, shucking, buying, selling, or shipping molluscan shellfish shall keep accurate records showing the names, addresses, and certification numbers of all persons from whom lots of molluscan shellfish are received, the source of each lot (growi…

Licensed harvesters may transport their own daily harvested shellstock intrastate unrefrigerated, within the time limits under the most recent time/temperature changes in the current version of the ISSC's NSSP Model Ordinance. Notes 22 Miss. Code. R. 17-13-100

Interstate shipping of molluscan shellfish shall only be through a certified seafood dealer or processor and no molluscan shellfish shall enter or exit the state of Mississippi un-refrigerated. Notes 22 Miss. Code. R. 17-13-101

It shall be unlawful for shellstock to fail to be transported in refrigerated trucks when the shellstock have been previously refrigerated. Notes 22 Miss. Code. R. 17-13-102

It shall be unlawful for any transportation of shucked molluscan shellfish to fail to be in either mechanically refrigerated vehicles or adequately iced as defined in the most current version of the ISSC's NSSP Model Ordinance and protected from contamination. Notes 22 Miss. Code…

It shall be unlawful for any molluscan shellfish, whether refrigerated or not, to be unprotected from sun and contamination during transport. Dogs, cats, birds, and other animals shall not be allowed in any vehicle or vessel used to transport molluscan shellfish. Notes 22 Miss. C…