Chapter 15A NCAC 18A

15A NCAC 18A .0133 REFERENCE History Note: Authority G.S. 130A-230; Eff. February 1, 1976; Amended Eff. July 1, 1977; Readopted Eff. December 5, 1977; Amended Eff. July 1, 1985; Repealed Eff. September 1, 1990.

15A NCAC 18A .0134 DEFINITIONS The following definitions shall apply to this Section; however, nothing in this Section shall be construed as expanding or restricting the definitions in G.S. 106-129 and G.S. 106-130: (1) "Adulterated" as defined in G.S. 106-129 shall include the f…

15A NCAC 18A .0135 PERMITS (a) It shall be unlawful to operate a processing facility without first obtaining a Crustacea Permit and Certificate of Compliance from the Division of Marine Fisheries. (b) Application for a permit shall be submitted in writing to the Division. Applica…

15A NCAC 18A .0136 APPLICABILITY OF RULES The rules in this Section shall apply to the operation of all facilities and persons permitted in Rule .0135 of this Section and all other businesses and persons that buy, sell, transport, or ship cooked crustacea or crustacea meat that h…

15A NCAC 18A .0137 GENERAL REQUIREMENTS FOR OPERATION (a) During the operating season the processing portion of the facility shall be used for no purpose other than the processing of cooked crustacea or crustacea meat. (b) Retail sales of cooked crustacea or crustacea meat shall …

15A NCAC 18A .0138 SUPERVISION (a) The owner or responsible individual shall supervise the processing operation and be responsible for compliance with the rules of this Section, including compliance with personal hygiene requirements as set forth in Rule .0153 of this Section. (b…

15A NCAC 18A .0139 FACILITY FLOODING (a) If the facility floors are flooded, processing shall be discontinued until flood waters have receded and the facility and equipment are cleaned and sanitized. (b) Any cooked crustacea or crustacea meat that may have been contaminated by fl…

15A NCAC 18A .0140 FLOORS Floors shall be of concrete or other impervious material, constructed so that they are easily cleanable and shall be sloped so that water drains. History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52; Eff. October 1, 1992; Readopted Eff. …

15A NCAC 18A .0141 WALLS AND CEILINGS (a) Walls and ceilings shall be constructed of smooth, easily cleanable, non-corrosive, impervious material. (b) Insulation on cooked crustacea cooler walls shall be covered to the ceiling with a smooth, easily cleanable, non-corrosive, imper…

15A NCAC 18A .0142 LIGHTING (a) Natural or artificial lighting shall be provided in all parts of the facility. Minimum lighting intensities shall be as follows: (1) 50 foot-candles on working surfaces in the picking and packing rooms and areas. (2) 10 foot-candles measured at a h…

15A NCAC 18A .0143 VENTILATION All rooms and areas shall be ventilated. History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52; Eff. October 1, 1992; Readopted Eff. May 1, 2021.

15A NCAC 18A .0144 INSECT CONTROL All outside openings shall be screened, provided with wind curtains, or be provided with other methods to eliminate the entrance of insects. All screens shall be kept in good repair. All outside doors shall open outward and shall be self-closing.…

15A NCAC 18A .0145 RODENT AND ANIMAL CONTROL Measures shall be taken by the owner or responsible individual to keep animals, fowl, rodents, and other vermin out of the facility. The storage and use of rodenticides shall comply with all applicable State and federal laws and rules.…

15A NCAC 18A .0146 PREMISES (a) Premises under the control of the owner shall be kept clean at all times. Waste materials, rubbish, other articles, or litter shall not be permitted to accumulate on the premises. (b) Measures shall be taken to prevent the harborage and breeding of…

15A NCAC 18A .0147 WATER SUPPLY (a) The water supply used shall be in accordance with 15A NCAC 18A .1720 through .1728. (b) Water samples for bacteriological analysis shall be collected at least annually by the Division of Marine Fisheries and submitted for analysis to the State …

15A NCAC 18A .0148 ICE (a) Ice shall be obtained from a water supply approved by the Division of Marine Fisheries pursuant to Rule .0147 of this Section and shall be stored and handled in a manner to prevent contamination and keep the ice clean. (b) All equipment used in the hand…

15A NCAC 18A .0149 PLUMBING (a) Plumbing fixtures shall be located to facilitate the flow of processing activities and to prevent the splashing of water on food-contact surfaces or cooked crustacea and crustacea meat. (b) Fixtures, ducts, and pipes shall not be suspended over wor…

15A NCAC 18A .0150 SEWAGE DISPOSAL All sewage and other liquid wastes shall be disposed of in a public sewer system or in the absence of a public sewer system, by an on-site method approved by the Division of Marine Fisheries. History Note: Authority G.S. 113-134; 113-182; 113-22…

15A NCAC 18A .0151 TOILETS (a) Toilets shall be provided by the owner or responsible person in the facility. (b) Toilet tissue shall be provided by the owner or responsible person in a holder. (c) Toilet room doors shall not open directly into processing areas of the facility and…

15A NCAC 18A .0152 SOLID WASTE (a) Cooked crustacea scrap and other putrescible wastes shall be removed from the premises at least daily. Other solid wastes shall be removed from the premises at least weekly. (b) Scrap containers shall be removed from the picking room immediately…

15A NCAC 18A .0153 PERSONAL HYGIENE (a) All employees shall wash their hands with soap and running water before beginning work and again after each interruption. Signs to this effect shall be posted in visible places in the facility by the owner or responsible individual, such th…

15A NCAC 18A .0154 EMPLOYEES' PERSONAL ARTICLES Employees' street clothing, aprons, gloves, and personal articles shall not be stored in rooms or areas described in Rule .0159(b) of this Section. History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52; Eff. October …

15A NCAC 18A .0155 SUPPLY STORAGE Shipping containers, boxes, and other supplies shall be stored in a storage room or area. The storage room or area shall be kept clean. History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52; Eff. October 1, 1992; Readopted Eff. Ma…

15A NCAC 18A .0156 EQUIPMENT AND UTENSIL CONSTRUCTION All processing equipment and utensils shall be smooth, easily cleanable, durable, and kept in good repair. The food-contact surfaces of equipment, utensils, and processing machinery shall be accessible for cleaning, non-toxic,…

15A NCAC 18A .0157 FACILITY AND EQUIPMENT SANITATION (a) The walls and floors in the picking and packing areas shall be kept clean while operating and shall be sanitized at least daily and whenever there is evidence of contamination, such as splatter of crustacea meat or juices. …

15A NCAC 18A .0158 EQUIPMENT STORAGE Equipment and utensils that have been cleaned and sanitized shall be stored in a manner to protect against contamination and keep the equipment and utensils clean. History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52; Eff. Oct…

15A NCAC 18A .0159 SEPARATION OF OPERATIONS (a) Facility design shall provide for continuous flow of raw materials and product to prevent contamination by exposure to areas involved in earlier processing steps, refuse, or other areas subject to contamination. (b) The following pr…

15A NCAC 18A .0160 RAW CRUSTACEA RECEIVING AND REFRIGERATION (a) Only fresh crustacea shall be accepted for processing. (b) Within two hours of receipt at the facility, crustacea shall be cooked or placed in a refrigerated area maintaining a temperature of 50° F (10° C) or below.…

15A NCAC 18A .0161 CRUSTACEA COOKING (a) The cooking area or room shall be under a roof located between the area for receiving raw crustacea and the air-cool room and shall be vented to assure the removal of steam. (b) Crustacea shall be cooked in accordance with the following: (…

15A NCAC 18A .0162 COOKED CRUSTACEA AIR-COOL (a) Cooked crustacea, after removal from the retort, shall be moved immediately to the cooked crustacea air-cool area to be air cooled to ambient temperature without being disturbed. Cooked crustacea shall be stored in the original coo…

15A NCAC 18A .0163 COOKED CRUSTACEA REFRIGERATION (a) The cooked crustacea cooler shall be large enough to store all cooked crustacea and maintain a minimum temperature of 40° F (4.4° C). The cooler shall open directly into the picking room or into a clean, enclosed area leading …

15A NCAC 18A .0164 COOKED CRUSTACEA PICKING (a) The picking operation shall be conducted in accordance with the rules of this Section such that crustacea meat does not become adulterated. (b) All cooked crustacea shall be picked before a new supply is delivered to the picking tab…

15A NCAC 18A .0165 PACKING (a) Crustacea meat shall be packed in a container and iced and cooled to an internal temperature of 40° F (4.4° C) or below within two hours of receipt in the packing room. (b) The storage of ice in the packing room shall be in an easily cleanable, non-…

15A NCAC 18A .0166 PICKED CRUSTACEA MEAT REFRIGERATION (a) The refrigeration room or ice box shall be of sufficient size so that a full day's production, with ice, can be stored such that the crustacea meat does not become adulterated. The refrigeration room or ice box shall be e…

15A NCAC 18A .0167 DELIVERY WINDOW OR SHELF A delivery window or a non-corrosive shelf shall be provided between the picking room and packing room or area. The delivery window shall be equipped with a shelf completely covered with smooth, non-corrosive metal or other material app…

15A NCAC 18A .0168 SINGLE-SERVICE CONTAINERS (a) Single-service containers used for packing or repacking cooked crustacea and crustacea meat shall be made from food-safe materials approved by the United States Food and Drug Administration. (b) Containers shall not be reused for p…

15A NCAC 18A .0169 FREEZING (a) If crustacea or crustacea meat is to be frozen, the code date shall be followed by the letter "F." (b) Frozen crustacea or crustacea meat shall be stored at a temperature of 0° F (-18° C) or less. (c) The frozen storage rooms shall be equipped with…

15A NCAC 18A .0170 SHIPPING Cooked crustacea and crustacea meat shall be shipped between 33° F (0.5° C) and 40° F (4.4° C). Frozen crustacea products shall be shipped at 0° F (-18° C) or below. History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52; Eff. October 1,…

15A NCAC 18A .0171 WHOLE CRUSTACEA OR CRUSTACEA PRODUCTS Whole crustacea, claws, or any other crustacea products shall be prepared, packaged, and labeled in accordance with the rules of this Section. History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52; Eff. Octo…

15A NCAC 18A .0172 COOKED CLAW SHIPPING CONDITIONS (a) Vehicles used to transport cooked claws shall be mechanically refrigerated, enclosed, tightly constructed, kept clean, and equipped with an operating thermometer. (b) Cooked crab claws shall be stored and transported between …

15A NCAC 18A .0173 repacking (a) Crustacea meat for repacking that is processed in North Carolina shall comply with Rules .0134 through .0187 of this Section. Crustacea meat for repacking that is processed outside of North Carolina shall comply with Rule .0182 of this Section. (b…

15A NCAC 18A .0174 PASTEURIZATION PROCESS CONTROLS - THERMOMETERS (a) All pasteurizing equipment shall have a time-temperature recording thermometer with a temperature controller (combined or separately) and an indicating thermometer. The thermometers shall be located to give a t…

15A NCAC 18A .0175 PREPARATION OF CRUSTACEA MEAT FOR PASTEURIZATION The preparation of crustacea meat for pasteurization shall be in compliance with the following: (1) crustacea meat shall be prepared in compliance with Rules .0134 through .0183 of this Section; (2) the container…

15A NCAC 18A .0176 PASTEURIZATION OF CRUSTACEA MEAT (a) All pasteurization operations shall require a Process Validation Study Report approved by the Division of Marine Fisheries prior to operation based upon documentation of the ability to produce time-temperature results as req…

15A NCAC 18A .0177 LABELING OF PASTEURIZED CRUSTACEA MEAT Labeling of pasteurized crustacea meat shall be in compliance with the following: (1) the label used shall legibly identify the contents of the container as pasteurized crustacea meat; (2) each container shall be permanent…

15A NCAC 18A .0178 INTERFACILITY PASTEURIZATION PROCEDURES No person shall initiate interfacility pasteurization of crustacea meat without prior written approval by the Division of Marine Fisheries. Interfacility pasteurization of crustacea meat shall be in compliance with the fo…

15A NCAC 18A .0179 RECALL PROCEDURE Each owner of a cooked crustacea or crustacea meat facility or repacker facility shall keep on file a written product recall procedure. A copy of this recall procedure shall be provided to the Division of Marine Fisheries. History Note: Authori…

15A NCAC 18A .0180 SAMPLING AND TESTING Samples of cooked crustacea or crustacea meat may be taken and examined by the Division of Marine Fisheries at any time or place. Samples of cooked crustacea or crustacea meat shall be furnished by the owner or operator of facilities, truck…

15A NCAC 18A .0181 EMBARGO OR DISPOSAL OF COOKED CRUSTACEA OR CRUSTACEA MEAT (a) When it has been determined by the Division of Marine Fisheries that cooked crustacea or crustacea meat have not been stored, transported, handled, cooked, picked, packed, or offered for sale in comp…

15A NCAC 18A .0182 BACTERIOLOGICAL AND CONTAMINATION STANDARDS (a) Cooked crustacea or crustacea meat shall not exceed Escherichia coli Most Probable Number (MPN) of 36 per 100 grams of sample or exceed a standard plate count of 100,000 per gram. (b) Pasteurized crustacea meat sh…