15A NCAC 18A .0438      INSPECTIONS AND compliance SCHEDULE

(a)  If a critical deficiency is detected during an inspection of a shellfish dealer by a Division of Marine Fisheries inspector:

(1)           the deficiency shall be corrected by the shellfish dealer during that inspection; or

(2)           the shellfish dealer shall immediately cease production affected by the deficiency.

If the shellfish dealer fails to correct the deficiency during the inspection, the Division shall initiate the suspension or revocation process for the Shellfish Dealer Permit and Certificate of Compliance as set forth in 15A NCAC 03O .0504. For the purpose of this Rule, "critical deficiency" shall mean a condition or practice that results in the production of a shellfish product that is adulterated or presents a threat to the health or safety of the consumer.

(b)  Shellfish products affected by a critical deficiency shall be controlled to prevent adulterated product from reaching consumers. The Division shall:

(1)           embargo or destroy adulterated shellfish in accordance with Rule .0429 of this Section;

(2)           initiate a recall of adulterated shellfish; and

(3)           notify enforcement officials for the United States Food and Drug Administration, as well as shellfish control authorities in states that are known to have received adulterated shellfish.

(c)  If a key or other deficiency is detected during an inspection of a shellfish dealer by a Division inspector, a compliance schedule shall be issued by the Division inspector that provides a time frame by which the deficiency shall be corrected by the shellfish dealer. For the purpose of this Rule, "key or other deficiency" shall mean a deficiency other than a critical deficiency.

(d)  If a shellfish dealer fails to meet the compliance schedule, the Division shall proceed with one of the following options:

(1)           revise the existing compliance schedule;

(2)           initiate the suspension or revocation process for the Shellfish Dealer Permit and Certificate of Compliance as set forth in 15A NCAC 03O .0504; or

(3)           seek other administrative remedies.

(e)  Nothing in this Rule shall be construed to limit or make null any option for remedy in accordance with Rule 15A NCAC 03O .0504 or other available administrative remedy.

History Note:        Authority G.S. 113-134; 113-182; 113-221.2; 113-221.4; 143B-289.52;

Eff. April 1, 2024.