MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

The appeal shall be filed within thirty (30) days after notification of the decision of the Commission is served or mailed to the party seeking judicial review. Notes 22 Miss. Code. R. 20-20-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The appeal shall be perfected by upon filing notice of the appeal and by the prepayment of all estimated costs, including the cost of preparation of the record of the proceedings before the commission, and the filing of a bond in the sum of Five Hundred Dollars ($500.00), conditi…

The scope of the review by the chancery court shall be limited to a review of the record made before the commission to determine if the action of the commission is unlawful for the reason that it was: 104.01 Not supported by substantial evidence; 104.02 Arbitrary or capricious; o…

Any violation of the rules and regulations of the CMR or violations of Mississippi Code Sections 49-15-1 through 49-15-321, 49-27-1 through 49-27-71, 59-21-111, or other statutes within the jurisdiction of the CMR may result in the imposition of administrative penalties not to ex…

Violations of rules and regulations of the CMR may also constitute a misdemeanor punishable by fine and or imprisonment in the county jail as provided for in Mississippi Code Section 49-15-63(1) (a). Notes 22 Miss. Code. R. 20-21-101 Amended 11/17/2018 Amended 4/19/2019 Amended 1…

The CMR/DMR is prohibited from pursuing a violator for administrative penalties and a misdemeanor conviction for the same offense. If a respondent has committed multiple offenses the CMR/DMR may pursue separate violations in different forums. Notes 22 Miss. Code. R. 20-21-102 Ame…

Forfeiture of nets, equipment and paraphernalia used in committing a violation may be commenced in addition to seeking administrative penalties. Notes 22 Miss. Code. R. 20-21-103 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

Suspension or revocation of reguIatory program requirements such as but not limited to, endorsements, tags, permits or similar provisions may be commenced in addition to seeking administrative penalties. Notes 22 Miss. Code. R. 20-21-104 Amended 11/17/2018 Amended 4/19/2019 Amend…

The Commission may suspend or revoke regulatory program requirements established by the Commission, such as but not limited to, endorsements, lags, permits, or similar provisions for violations related to that particular program in accordance with the Following schedule: For 1st …

Each chapter and subchapter of Title 22 Part 20 shall be declared separable, and if any chapter or subchapter or part thereof shall be held invalid or unconstitutional, the balance of said Title 22 Part 20 shall remain in full force and effect. Notes 22 Miss. Code. R. 20-22-100 A…

The Mississippi Commission on Marine Resources (MCMR) has determined that it is in the best interest of the State of Mississippi and necessary for the protection, conservation, and propagation of all saltwater crabs in the waters under the territorial jurisdiction of the State of…

The MCMR is authorized by Miss. Code Ann. § 49-15-15(1) (c), as amended, to regulate all seafood sanitation and processing programs. Notes 22 Miss. Code. R. 21-02-101 Amended 9/1/2017

Miss. Code Ann. § 49-15-63, as amended, addresses general penalties for violation of these regulations. Notes 22 Miss. Code. R. 21-02-102 Amended 9/1/2017

Miss. Code Ann. § 49-15-29, as amended, authorizes the MCMR to assess and collect certain taxes and license fees. Notes 22 Miss. Code. R. 21-02-103

Miss. Code Ann. § 49-15-30, as amended, authorizes the MCMR to promulgate regulations for nonresident certificates. Notes 22 Miss. Code. R. 21-02-104

Miss. Code Ann. § 49-15-63, as amended, addresses general penalties for violation of these regulations. Notes 22 Miss. Code. R. 21-02-105

BACKING - the act of removing a crab's carapace and internal organs. Notes 22 Miss. Code. R. 21-03-100 Amended 9/1/2017

CERTIFICATION or CERTIFY - the issuance of a numbered certificate to a person, firm, or corporation that indicates permission from the authority to process crabs. Notes 22 Miss. Code. R. 21-03-101 Amended 9/1/2017

CERTIFICATION NUMBER - a unique combination of letters and numbers, as assigned by the Mississippi Department of Marine Resources (MDMR), to each processor for each location. Each certification number shall consist of a three-digit Arabic number preceded by the two-letter state a…

CERTIFIED CRAB PLANT - a person, firm, or corporation that has a building or facility/unit, used for processing saltwater crabs and possesses a valid seafood processor's license and certification number. Notes 22 Miss. Code. R. 21-03-103 Amended 9/1/2017

COMPLIANCE SCHEDULE - a written schedule that provides a correction date to eliminate the deficiencies noted during inspections. Notes 22 Miss. Code. R. 21-03-104 Amended 9/1/2017

CRITICAL DEFICIENCY ("C") - a condition or practice that results in the production of a product that is unwholesome or presents a threat to the health or safety of the consumer. Notes 22 Miss. Code. R. 21-03-105 Amended 9/1/2017

CROSS CONNECTION - an unprotected actual or potential connection between a potable water system and any source or system containing unapproved water or a substance that is not or cannot be approved as safe and potable. Notes 22 Miss. Code. R. 21-03-106 Amended 9/1/2017

EASILY CLEANABLE - a surface which is readily accessible and is made of such materials, has a finish, and is so fabricated that normal cleaning methods will effectively remove residues. Notes 22 Miss. Code. R. 21-03-107 Amended 9/1/2017

FINISHED PRODUCT CONTAINER - any receptacle used for containing processed saltwater crabs. Notes 22 Miss. Code. R. 21-03-108 Amended 9/1/2017

FOOD CONTACT SURFACE - those surfaces that contact human food and those surfaces from which drainage onto the food or onto surfaces that contact the food ordinarily occurs during the normal course of operations. Food contact surfaces include utensils and food contact surfaces of …

KEY DEFICIENCY ("K") - a condition or practice that could potentially result in adulterated, decomposed, misbranded or unsanitary product. Notes 22 Miss. Code. R. 21-03-110 Amended 9/1/2017

LABEL - any written, printed or graphic matter affixed to or appearing upon any finished product container. Notes 22 Miss. Code. R. 21-03-111 Amended 9/1/2017

MISBRANDED - products shall be deemed misbranded if its labeling is false or misleading in any way, or if it does not bear a label in accordance with this Part. Notes 22 Miss. Code. R. 21-03-112 Amended 9/1/2017

OTHER DEFICIENCY ("O") - a condition or practice which is not defined as critical or key and is not in accordance with the requirements of this Part. Notes 22 Miss. Code. R. 21-03-113 Amended 9/1/2017

PEST - any objectionable animals or insects including, but not limited to birds, rodents, flies, and larvae. Notes 22 Miss. Code. R. 21-03-114 Amended 9/1/2017

PROCESSING - the act of preparing, changing into different market forms, manufacturing, preserving, picking, chilling, backing, packaging, labeling finished product containers, and storage of processed saltwater crabs. Notes 22 Miss. Code. R. 21-03-115 Amended 9/1/2017

PROCESSOR - any person, firm, or corporation engaged in commercial, custom, or institutional processing of saltwater crabs. Notes 22 Miss. Code. R. 21-03-116 Amended 9/1/2017

SALTWATER CRAB - shall mean all species of saltwater crabs that are commercially processed. Notes 22 Miss. Code. R. 21-03-117 Amended 9/1/2017

SALTWATER CRAB PRODUCTS - the edible meat of a processed saltwater crab distributed for consumption. Notes 22 Miss. Code. R. 21-03-118 Amended 9/1/2017

SANITIZE - to adequately treat food contact surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, substantially reducing the numbers of other undesirable microorganisms, and not adversely affecting the product or i…

SWING DEFICIENCY ("S o/K" or "S K/c") - a deficiency noted on the inspection form which, depending upon the severity and circumstances, can be a "Critical, Key, or Other" deficiency. Notes 22 Miss. Code. R. 21-03-120 Amended 9/1/2017

SALTWATER CRAB PRODUCTS - the actual saltwater crab or the edible meat of a processed saltwater crab distributed for consumption. Notes 22 Miss. Code. R. 21-03-121

SANITATION MONITORING - monitoring conditions and practices during processing with sufficient frequency to ensure, at a minimum, conformance with those conditions and practices specified in this Part. Notes 22 Miss. Code. R. 21-03-122

SANITATION STANDARD OPERATING PROCEDURES - a document that is specific to each location at which saltwater crabs or saltwater crab products are handled/processed. This document should specify how the processor intends to meet the sanitation conditions and practices to be monitore…

SANITIZE - to adequately treat food contact surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, substantially reducing the numbers of other undesirable microorganisms, and not adversely affecting the product or i…

SHALL - is used to state mandatory requirements. Notes 22 Miss. Code. R. 21-03-125

SHOULD - is used to state recommended or advisory procedures or to identify recommended equipment. Notes 22 Miss. Code. R. 21-03-126

SWING DEFICIENCY ("S O/K" or "S K/C") - a deficiency noted on the inspection form which, depending upon the severity and circumstances, can be a "Critical, Key, or Other" deficiency. Notes 22 Miss. Code. R. 21-03-127

The MCMR authorizes MDMR to manage the saltwater crab plant certification program activities according to the relevant specifications stated in this Part and the applicable statutes of the State of Mississippi. Notes 22 Miss. Code. R. 21-05-100 Amended 9/1/2017

The MDMR Executive Director, the Director of Marine Fisheries or the MDMR designee in charge of saltwater crab processing or his designee will declare that saltwater crabs or saltwater crab products be recalled when the MDMR determines that a recall is required to eliminate a pub…

Each certified crab plant processor, manager, and operator shall assure that all regulations as specified in this Part are strictly adhered to and that only safe and sanitary product shall be offered for sale to the consuming public. Notes 22 Miss. Code. R. 21-07-100 Amended 9/1/…