Section 25-B2403. SHUCKED SHELLFISH LABELING

 

2403.1If a dealer stores shucked shellfish under refrigerated conditions using in- plant re-usable containers, the dealer shall maintain lot integrity.

 

2403.2If a shucker-packer uses returnable containers to transport shucked shellfish between dealers for the purpose of further processing or packing, the returnable containers are exempt from the labeling requirements in this section. When returnable containers are used, the shipment shall be accompanied by a transaction record containing:

 

(a)The original shucker-packer's name and certification number;

 

(b)The shucking date; and

 

(c)The quantity of shellfish per container and the total number of containers shipped.

 

2403.3If a dealer uses master shipping cartons, the master cartons are exempt from the labeling requirements in this section when the individual containers within the carton are properly labeled.

 

2403.4At a minimum, a dealer shall label each individual package containing fresh or frozen shucked shellfish meat in a legible and indelible form in accordance with 21 CFR 101.3 - Identity labeling of food in packaged form; and 16 CFR 502.3 - Prohibited acts.

 

2403.5Each individual package containing less than sixty-four fluid ounces (64 fl. oz.) of fresh or frozen shellfish shall be labeled with the following information:

 

(a)The shucker-packer's or repacker's certification number; and

 

(b)A "Sell by" date which provides a reasonable subsequent shelf-life or the words "Best if used by" followed by a date when the product  would be expected to reach the end of its shelf-life. The date shall consist of the abbreviation for the month and number of the day of the month. For fresh frozen shellfish, the year shall be added to the date.

 

2403.6Each individual package containing sixty-four or more fluid ounces (64 fl. oz.) of fresh or frozen shellfish shall be labeled with the following information:

 

(a)The shucker-packer's or repacker's certification number; and

 

(b)The words "DATE SHUCKED" followed by the date shucked located on both the lid and sidewall or bottom of the container;

 

(1)The date shall consist of either the abbreviation for the month and number of the day of the month or in Julian format (YDDD), the last digit of the four digit year and the three digit number corresponding the day of the year; and

 

(2)For fresh frozen shellfish, the year shall be added to the date (for non-Julian format).

 

2403.7If the dealer thaws and repacks frozen shellfish, the dealer shall label the shellfish container as "previously frozen".

 

2403.8If the dealer freezes fresh shucked shellfish, the dealer shall label all frozen shellfish as frozen using type of equal size and prominence immediately adjacent to the type of the shellfish and shall add the year to the date (for non-Julian format).

 

2403.9If the dealer uses lot codes to track shellfish containers, the lot codes shall be distinct and set apart from any date listed on the container.

 

2403.10If the dealer elects to repack shellfish, the dealer shall pack and label all shellfish in accordance with this section except that the original date of shucking shall be added to the new repacked container pursuant to section 2403.6 or the original date of shucking shall be used in establishing the "Sell by date" pursuant to section 2403.5.

 

source

Final Rulemaking published at 56 DCR 5245 (July 3, 2009).