15A NCAC 18A .0437      In-shell product

(a)  In-shell product shall be kept under mechanical refrigeration at a temperature of 45°F or below.

(b)  In-shell product shall be tagged or labeled to contain the following indelible and legible information listed in sequential order:

(1)           the shellfish dealer's name, address, and certification number assigned by the shellfish control agency in the state of the shellfish dealer's location;

(2)           the original shipper's certification number, except if the in-shell product is depurated, the original shipper's certification number is not required;

(3)           a "SELL BY date" that indicates the 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 include month, day, and year;

(4)           if the in-shell product is depurated, the depuration cycle number or lot number;

(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 in-shell product; and

(7)           the following statement in bold type on each tag or label: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE, IN CHRONOLOGICAL ORDER, FOR 90 DAYS." "RETAILERS: DATE WHEN LAST SHELLFISH FROM THIS CONTAINER SOLD OR SERVED (INSERT DATE)____________." OR "THIS LABEL IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RELABELED AND THEREAFTER KEPT ON FILE, IN CHRONOLOGICAL ORDER, FOR 90 DAYS." "RETAILERS: DATE WHEN LAST SHELLFISH FROM THIS CONTAINER SOLD OR SERVED (INSERT DATE)____________."

(c)  In-shell product shall include one of the following consumer advisories, or equivalent statement:

(1)           "Consumer Advisory

Eating raw or undercooked oysters, clams, whole scallops, 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 shellfish and become sick, see a doctor immediately."

(2)           "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions."

(d)  The statement "Keep Refrigerated" or an equivalent statement shall be included on the tag or label.

(e)  If in-shell product for retail sale is packed in individual containers of five pounds or less and shipped in a master container that includes a tag in compliance with Paragraph (b) of this Rule, the individual containers of five pounds or less shall not require tags as specified in Paragraph (b) of this Rule if a lot code number is included on each container that allows traceback of the in-shell product to the master container. A consumer advisory shall be included on each retail package in accordance with Paragraph (c) of this Rule.

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

Eff. April 1, 2024.