§ 49.3. Certification and compliance.
(a) A dealer may not engage commercially in the wholesale sale, shipping, processing, purchasing or selling of shellfish without the following:
(1) Compliance with this chapter, the NSSP Model Ordinance and the Food Act.
(2) Application for and receipt of a valid shellfish facility certificate from the Department.
(b) A shellfish facility certificate shall show the dealer’s name, address and certification number. The activities of the dealer shall be limited to activities covered by the certification. The certification number will indicate the type of shellfish facility the dealer is authorized to operate. These types of shellfish facilities, and acceptable abbreviations, are as follows:
(1) RP—Repacker.
(2) RS—Reshipper.
(3) SP—Shucker-Packer.
(4) SS—Shellstock Shipper.
(5) DP—Depuration processor.
(c) The shellfish facility certificate shall be posted in the facility in a conspicuous place.
(d) The certification requirements do not apply to the sale of shellfish for consumption on the premises or by a retail food establishment that sells shellfish to ultimate consumers.
(e) The Department is empowered to revoke or suspend a shellfish facility certification held by a dealer who violates this chapter, or who violates any provision of the NSSP Model Ordinance.
(f) Whenever the shellfish facility certification is revoked or suspended, the certificateholder will be notified in writing of the violations which caused the revocation or suspension. The Department will notify the United States Food and Drug Administration (FDA) of the action when interstate certified shellfish dealers are involved so that the dealer’s business name and certification number may be removed from the FDA Interstate Certified Shellfish Shippers List.
(g) A person required to obtain shellfish facility certification from the Department under this section shall apply annually for the certificate on forms provided by the Department. The certification expires automatically on October 31 following the date of issue.
Authority The provisions of this § 49.3 amended under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).
Source The provisions of this § 49.3 adopted September 8, 1971, effective September 9, 1971, 1 Pa.B. 1828; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6155; amended October 13, 2006, effective October 14, 2006, 36 Pa.B. 6285. Immediately preceding text appears at serial pages (217566) to (217567).
Cross References This section cited in 7 Pa. Code § 49.1 (relating to definitions).
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