§ 49.5. Inspection and sampling.
(a) The Department may inspect facilities falling under this chapter to ascertain compliance or noncompliance with this chapter.
(b) After the Department’s personnel present identification, the shellfish facility operator and its personnel shall allow the Department to determine if the shellfish facility is in compliance with this chapter by allowing Department personnel access to the shellfish facility, allowing inspection and providing information and records to which the Department is entitled under the Food Act or this chapter, during the shellfish facility’s hours of operation and other reasonable times if the facility is not open during normal business hours.
(c) The Department and its employees and agents may also conduct inspections whenever a person presents information to the Department giving the Department reason to believe that there exists a violation of this chapter, of a shellfish facility certification issued under this chapter, or of orders issued by the Department.
(d) The Department and its authorized agents may secure samples of shellfish and processed shellfish products for laboratory examination from any lot of shellfish and will be permitted to examine the records of the facility to obtain information pertaining to shellfish harvested, purchased, received, processed, sold, held, distributed or shipped, and to personnel employed.
(e) The Department or its authorized agent is authorized to detain a shellfish product if there is cause to believe it is adulterated or misbranded. It is unlawful to remove or dispose of a detained product without a determination of the Secretary, in accordance with section 6 of the Food Act (31 P. S. § 20.6), authorizing the removal or disposition.
(f) Laboratory analyses to be performed shall be conducted in accordance with the most current edition of the following:
(1) The American Public Health Association’s Recommended Laboratory Procedures for the Examination of Seawater and Shellfish.
(2) The United States Food and Drug Administration’s Bacteriological Analytical Manual.
(3) Official Methods of Analysis of the Association of Official Analytical Chemists.
(4) Compendium of Methods for the Microbiological Examination of Foods, compiled by the American Public Health Association’s Technical Committee on Microbiological Methods for Foods.
(5) Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association.
Authority The provisions of this § 49.5 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 § 49.5 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 (217568) to (217570).
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