15A NCAC 18A .0430      BACTERIOLOGICAL and contamination STANDARDS

Shellfish shucked or in the shell and intended or offered for sale shall be deemed adulterated by the Division of Marine Fisheries if:

(1)           the concentration of Escherichia coli exceeds a Most Probable Number (MPN), as defined in Rule .0901 of this Subchapter, of 230 per 100 grams of sample;

(2)           the total bacteria count, as determined by a standard plate count, exceeds 500,000 colony-forming units, as defined in Rule .0901 of this Subchapter. The standard plate count method, as detailed in Recommended Procedures for the Examination of Sea Water and Shellfish 4th Edition, is incorporated by reference, not including subsequent amendments and editions. The method can be found at https://www.issc.org/Data/Sites/1/media/-22-com-docs/apha-recommended-procedures-1970-full-text.pdf, at no cost; or

(3)           the shellfish contain any contaminant that renders it unsafe for human consumption in accordance with the latest approved edition of the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish, Section IV: Guidance Documents, Chapter II: Growing Areas; Action Levels, Tolerances and Guidance Levels for Poisonous or Deleterious Substances in Seafood, which is incorporated by reference, including subsequent amendments and editions. A copy of the reference material can be found at https://www.fda.gov/food/federalstate-food-programs/national-shellfish-sanitation-program-nssp, at no cost.

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

Eff. February 1, 1987;

Readopted Eff. April 1, 2024.