15A NCAC 18A .0425      Dealer tags

(a)  Consistent with the rules of this Section, it shall be unlawful to possess shellstock without a dealer tag or label affixed after the shellstock is processed or shipped by the initial certified shellfish dealer. The tag shall be durable, waterproof, and a minimum of two and five‑eighths inches by five and one‑fourth inches in size. It shall be unlawful for the tag to fail to contain legible information arranged in the specific order as follows:

(1)           the dealer's name, address, and certification number assigned by the appropriate shellfish control agency;

(2)           the original shipper's certification number;

(3)           the harvest date, or if depurated, the date of depuration processing, or if wet stored, the original harvest date and the final harvest date, which is the date removed from wet storage;

(4)           if wet stored or depurated, the wet storage or depuration cycle or lot number. The wet storage lot number shall begin with the letter "W";

(5)           the most precise identification of the harvest location as is practicable, including the initials of the state of harvest, and the state or local shellfish control authority's designation of the growing area by indexing, administrative, or geographic designation. If the authority in another state has not indexed growing areas, then a geographical or administrative designation shall be used (e.g., Long Bay, shellfish lease or franchise number, or lot number);

(6)           the type and quantity of shellstock;

(7)           the following statements in bold, capitalized font:

(A)          "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE, IN CHRONOLOGICAL ORDER, FOR 90 DAYS."; and

(B)          "RETAILERS; DATE WHEN LAST SHELLFISH FROM THIS CONTAINER SOLD OR SERVED (INSERT DATE) ______.";

(8)           the following statement, or equivalent:

"Consumer Advisory

Eating raw oysters, clams, or mussels may cause severe illness. People with the following conditions are at especially high risk: liver disease, alcoholism, diabetes, cancer, stomach or blood disorder, or weakened immune system. Ask your doctor if you are unsure of your risk. If you eat raw shellfish and become sick, see a doctor immediately."; and

(9)           the following statement, or equivalent:

"Keep Refrigerated".

(b)  The dealer tag or label shall remain attached to the shellstock container until the container is empty and thereafter shall be kept on file, in chronological order, for 90 days.

History Note:        Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;

Eff. February 1, 1987;

Amended Eff. April 1, 1997; January 4, 1994; December 1, 1987;

Temporary Amendment Eff. October 12, 1998; February 1, 1998;

Amended Eff. April 1, 1999;

Readopted Eff. March 15, 2023.