Chapter 15A NCAC 18A

15A NCAC 18A .0436 MONITORING RECORDS History Note: Authority G.S. 130A-230; Eff. August 1, 2002; Repealed Eff. April 1, 2024.

15A NCAC 18A .0437 In-shell product (a) In-shell product shall be kept under mechanical refrigeration at a temperature of 45°F or below. (b) In-shell product shall be tagged or labeled to contain the following indelible and legible information listed in sequential order: (1) the …

15A NCAC 18A .0438 INSPECTIONS AND compliance SCHEDULE (a) If a critical deficiency is detected during an inspection of a shellfish dealer by a Division of Marine Fisheries inspector: (1) the deficiency shall be corrected by the shellfish dealer during that inspection; or (2) the…

15A NCAC 18A .0439 RECALL PROCEDURE Each shellfish dealer shall adopt and adhere to a written procedure for conducting recalls of adulterated or misbranded shellfish products. This written procedure shall be based on, and complementary to, the FDA Enforcement Policy on Recalls, C…

SECTION .0500 – OPERATION OF SHELLSTOCK PLANTS AND RESHIPPERS Rules .0501 - .0504 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0501 - .0504); has been transferred and recodified from Rules .1001 - .1004 of Title 10 Subchapter 10B of the North C…

15A NCAC 18A .0502 GRADING SHELLSTOCK and commingling (a) For the purpose of this Rule: (1) "commingling" shall mean the act of combining different lots of shellfish harvested on different days in the same growing area or combining different lots of shellstock harvested from diff…

15A NCAC 18A .0503 GRADER History Note: Authority G.S. 130A-230; Eff. February 1, 1987; Repealed Eff. April 1, 2024.

15A NCAC 18A .0504 RESHIPPERS Reshippers shall only purchase shellfish from other shellfish dealers and sell the product to other shellfish dealers, wholesalers, or retailers without repacking or relabeling. History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52; E…

SECTION .0600 – OPERATION OF SHELLFISH SHUCKING AND PACKING PLANTS AND REPACKING PLANTS Rules .0601 - .0619 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0601 - .0619); has been transferred and recodified from Rules .1101 - .1119 of Title 10 Sub…

15A NCAC 18A .0602 SEPARATION OF OPERATIONS A shucking and packing plant shall provide separate areas for shellstock storage, shucking, heat shock, and general storage. A packing area that is separate from other processing areas and with a delivery window or shelf as set forth in…

15A NCAC 18A .0603 HOT WATER SYSTEM An automatically regulated hot water system shall be provided that has capacity to furnish water at a temperature of at least 130°F during all hours of shucking and packing plant operation. History Note: Authority G.S. 113-134; 113-182; 113-221…

15A NCAC 18A .0604 HANDWASHING FACILITIES History Note: Authority G.S. 130A-230; Eff. February 1, 1987; Repealed Eff. April 1, 2024.

15A NCAC 18A .0605 DELIVERY WINDOW OR SHELF (a) A delivery window or a non-corrosive shelf shall be installed between the shucking area and packing area. If a delivery window is used it shall be equipped with a shelf completely covered with smooth, non-corrosive metal or other im…

15A NCAC 18A .0606 NON-FOOD CONTACT SURFACES All non-food contact surfaces of equipment such as cabinets and shelving shall be impervious and constructed to be easily cleanable. History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52; Eff. February 1, 1987; Readopte…

15A NCAC 18A .0607 SHUCKING BENCHES Shucking benches, tables, and contiguous walls to a height of at least two feet above the bench top, shall be of smooth concrete, non-corrosive metal, or other durable impervious material, free from cracks and pits, and constructed so that drai…

15A NCAC 18A .0608 EQUIPMENT CONSTRUCTION (a) All pails, skimmers, measures, tanks, tubs, blowers, paddles, and other equipment, that come into contact with shucked shellfish or with ice used for direct cooling of shellfish, shall be made of smooth, non-corrosive, impervious mate…

15A NCAC 18A .0609 SANITIZING EQUIPMENT Washing and sanitizing facilities, including a three-compartment wash sink of adequate size to wash the largest utensils used in the shucking and packing plant, shall be provided in a section of the plant so that it can service the work are…

15A NCAC 18A .0610 EQUIPMENT SANITATION All utensils and tools, such as opening knives, shucking pails, measures, skimmers, colanders, tanks, tubs, paddles, and containers that come in contact with shellfish shall be thoroughly cleaned and then sanitized by: (1) steam in a steam …

15A NCAC 18A .0611 EQUIPMENT STORAGE Equipment and utensils that have been cleaned and sanitized shall be stored in a manner to prevent contamination. History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52; Eff. February 1, 1987; Readopted Eff. April 1, 2024.

15A NCAC 18A .0612 ICE (a) Ice shall be obtained from a water supply approved by the Division of Marine Fisheries pursuant to Rule .0413 of this Subchapter and shall be stored and handled in a manner to prevent contamination and keep the ice clean. (b) All equipment used in the h…

15A NCAC 18A .0613 SHELLFISH SHUCKING (a) Shellfish shall be shucked in a manner to prevent contamination. Shellstock shall be free of excessive sediment prior to being shucked. Only live shellstock shall be shucked. (b) Shucking of shellstock shall only be permitted on shucking …

15A NCAC 18A .0614 CONTAINERS (a) Containers used for transporting shucked shellfish shall be made from food-safe materials. These containers shall not be reused for packing shellfish. (b) The shucker-packer's or repacker's name and address and certification number shall be perma…

15A NCAC 18A .0615 SHELLFISH COOLING (a) For shellstock that has not been refrigerated prior to processing, shucked meats and in-shell product shall be chilled to an internal temperature of 45°F or less within three hours of shucking or processing. (b) For shellstock that has bee…

15A NCAC 18A .0616 SHELLFISH FREEZING (a) If shellfish are to be frozen, they shall be frozen within three days of shucking and packing. Containers of frozen shellfish shall be labeled in accordance with Rule .0614 of this Section. (b) A temperature of 0°F or less shall be mainta…

15A NCAC 18A .0617 SHIPPING History Note: Authority G.S. 130A-230; Eff. February 1, 1987; Amended Eff. April 1, 1997; Repealed Eff. April 1, 2024.

15A NCAC 18A .0618 HEAT SHOCK METHOD OF PREPARATION OF SHELLFISH (a) If a shucking and packing plant uses the heat shock process, it shall be done in a separate room adjacent to the shellstock storage room and the shucking room. (b) The heat shock tank shall be constructed of smo…

15A NCAC 18A .0619 REPACKING OF SHELLFISH (a) If repacking is practiced, it shall be conducted in accordance with all the requirements for shucking and packing plants in the rules of this Section except for requirements related to shucking. (b) The shucked shellfish to be repacke…

15A NCAC 18A .0620 SHELLFISH THAWING AND REPACKING (a) If frozen shellfish are thawed, they shall be thawed at a temperature of 45°F or less. (b) Shellfish held for thawing shall be separated from other shellfish. (c) Thawed shellfish shall not exceed 45°F for more than two hours…

15A NCAC 18A .0621 RECALL PROCEDURE History Note: Authority G.S. 130A-230; Eff. August 1, 1998; Repealed Eff. April 1, 2024.

SECTION .0700 – OPERATION OF DEPURATION (MECHANICAL PURIFICATION) FACILITIES Rules .0701 - .0713 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0701 - .0713); has been transferred and recodified from Rules .1201 - .1213 of Title 10 Subchapter 10B…

15A NCAC 18A .0704 LABORATORY PROCEDURES History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52; Eff. February 1, 1987; Amended Eff. September 1, 1991; September 1, 1990; Readopted Eff. May 1, 2021; Repealed Eff. April 1, 2024.

SECTION .0800 – WET STORAGE OF SHELLSTOCK Rules .0801 - .0806 of Title 15A Subchapter 10B of the North Carolina Administrative Code (T15A.10B .0801 - .0806); has been transferred and recodified from Rules .1301 - .1306 of Title 10 Subchapter 10B of the North Carolina Administrati…

SECTION .0900 - CLASSIFICATION OF SHELLFISH GROWING WATERS 15A NCAC 18A .0901 DEFINITIONS The following definitions shall apply to this Section. (1) "Approved" means shellfish growing waters determined suitable by the Division for the harvesting of shellfish for direct market pur…

15A NCAC 18A .0902 CLASSIFICATION OF SHELLFISH GROWING WATERS (a) All shellfish growing waters shall be classified by the Division of Marine Fisheries as to their suitability for shellfish harvesting. Shellfish growing waters shall be designated with one of the following classifi…

15A NCAC 18A .0903 SANITARY SURVEY (a) Shellfish growing waters shall be divided into shellfish growing areas by the Division of Marine Fisheries. Maps showing the boundaries of these shellfish growing areas shall be maintained by the Division and can be found at: https://deq.nc.…

15A NCAC 18A .0904 APPROVED WATERS Shellfish growing waters classified as approved for shellfish harvesting shall meet the following criteria as indicated by a sanitary survey, as set forth in Rule .0903 of this Section: (1) the shoreline survey indicates there are no significant…

15A NCAC 18A .0905 CONDITIONALLY APPROVED WATERS (a) Shellfish growing waters may be classified as conditionally approved if the Division of Marine Fisheries determines the following: (1) the sanitary survey indicates the shellfish growing waters will not meet the approved waters…

15A NCAC 18A .0906 RESTRICTED AREAS (a) Shellfish growing waters may be classified as restricted if: (1) a sanitary survey indicates there are no sources of pollution that would cause fecal pollution, human pathogens, or poisonous or deleterious substances in shellstock to exceed…

15A NCAC 18A .0907 PROHIBITED WATERS Shellfish growing waters shall be classified as prohibited if: (1) no current sanitary survey, as set forth in Rule .0903 of this Section, exists for the growing area; or (2) the sanitary survey determines: (a) the shellfish growing waters are…

15A NCAC 18A .0908 UNSURVEYED AREAS History Note: Authority G.S. 130A-230; Eff. June 1, 1989; Repealed Eff. May 1, 2021.

15A NCAC 18A .0909 BUFFER ZONES (a) The Division of Marine Fisheries shall establish a buffer zone around the following: (1) marinas, in accordance with Rule .0911 of this Section; and (2) wastewater treatment plant outfalls or other point source outfalls determined to be of publ…

15A NCAC 18A .0910 RECLASSIFICATION History Note: Authority G.S. 130A-230; Eff. June 1, 1989; Repealed Eff. May 1, 2021.

15A NCAC 18A .0911 MARINAS, DOCKING FACILITIES, AND OTHER MOORING AREAS The Division of Marine Fisheries shall classify shellfish growing waters with respect to marinas, docking facilities, and other mooring areas as follows: (1) the Division shall classify all waters within a ma…

15A NCAC 18A .0912 SHELLFISH MANAGEMENT AREAS History Note: Authority G.S. 130A-230; Eff. June 1, 1989; Repealed Eff. June 1, 2022.

15A NCAC 18A .0913 PUBLIC HEALTH EMERGENCY (a) The Division of Marine Fisheries shall immediately close any potentially impacted shellfish growing waters to the harvesting of shellfish in the event of a public health emergency. (b) The Division may re-open shellfish growing water…

15A NCAC 18A .0914 LABORATORY PROCEDURES (a) All laboratory analyses used for the evaluation of shellfish growing areas shall be performed by a laboratory found by a Food and Drug Administration (FDA) Shellfish Laboratory Evaluation Officer or by an FDA-certified State Shellfish …

SECTION .1000 - SANITATION OF SUMMER CAMPS 15A NCAC 18A .1001 DEFINITIONS The following definitions shall apply throughout this Section: (1) "Basecamp" means the permanent base of operations of the summer camp served by permanent connection to a public electrical service provider…

15A NCAC 18A .1002 FIELD SANITATION (a) Summer camps may conduct activities away from base camp provided field sanitation standards are maintained in accordance with 15A NCAC 18A .3619. (b) Summer camps may conduct cookouts at basecamp provided field sanitation standards are main…

15A NCAC 18A .1003 STANDARDS AND APPROVAL OF PLANS (a) Plans drawn to scale for the proposed construction of summer camp kitchen facilities, lodging facilities, bathing facilities, and toilet facilities shall be submitted to the local health department of the county in which the …

15A NCAC 18A .1004 PERMITS (a) No person shall operate a summer camp within the State of North Carolina who does not possess a valid permit from the Department. No summer camp permit shall be issued until an evaluation by the regulatory authority shows that the establishment comp…