The purpose of this chapter is to establish a method of identifying harvested shellfish shellstock, according to its original Virginia harvest growing area, at any time of the year.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Bulk shellfish shellstock tag" means a shellfish shellstock tag that shall only be used for shellfish shellstock harvested from a single harvest growing area in any one day and accompanies a conveyance containing multiple containers of shellfish.

"Certified dealer" means a person to whom certification is issued by the Virginia Department of Health for the purposes of introducing shellfish shellstock into commerce.

"Certified dealer tag" means a shellfish shellstock tag, which is approved by the Virginia Department of Health, Division of Shellfish Sanitation, that shall only be used for shellfish shellstock harvested from a single harvest growing area, in any one day, and those shellfish are either loose in a conveyance or in a single container.

"Container" means any bag, box, sack, tote, or other receptacle that contains shellfish shellstock to be held, in any type of conveyance, for transport from the harvest growing area to the landing site and from the landing site to the point of sale or other use.

"Conveyance" means any form of transport, either mechanical, such as a boat or truck, or nonmechanical that is used to transport shellfish from the harvest area to the landing site or from the landing site to a certified dealer or other use.

"Direct marketing" means any shellfish or shellstock that is landed and sold without any post-harvest processing.

"Harvest" means the act of removing any shellfish or shellstock from a designated harvest growing area and placing that shellfish or shellstock in a container or on or in a conveyance.

"Land" or "landing" means to (i) enter port with finfish, shellfish shellstock, crustaceans, or other marine seafood on board any boat or vessel; (ii) begin offloading finfish, shellfish shellstock, crustaceans, or other marine seafood; or (iii) offload finfish, shellfish shellstock crustaceans, or other marine seafood.

"Post-harvest processing" means any process which has been validated using National Shellfish Sanitation Program validation procedures.

"Replant" or "replanting" means to place after harvest shellfish shellstock into waters as allowable by applicable law or permit.

"Restricted-use shellstock" means shellstock or shellfish harvested from approved shellfish growing areas that shall not be sold for direct marketing or raw consumption only be sold to a certified shucker-packer for the purpose of shucking or post-harvest processing.

"Restricted-use shellstock tag" means a Virginia Marine Resources Commission-issued green tag that shall only be used by a certified dealer who has a current certificate of inspection as a shucker packer for shellstock or shellfish harvested from a single harvest growing area in any one day. Use of any such tag indicates that shellstock is intended for further processing shucking or for post-harvest processing prior to distribution to retail or food service.

"Shellfish" or "shellstock" "Shellstock" means all species of bivalve live molluscan shellfish in the shell.

"Single harvest growing area" means one of the water areas established by the Virginia Marine Resources Commission for reporting fisheries statistics Department of Health.

"Shellfish Shellstock harvester tag" means a shellfish tag that shall only be used for shellfish shellstock harvested from a single harvest growing area, in any one day, and those shellfish shellstock are either loose in a conveyance or in a single container.

"Shucker-packer" means a person who shucks and packs shellfish shellstock under a current certificate of inspection issued by the Virginia Department of Health, Division of Shellfish Sanitation.

"Temperature control" means the use of ice or mechanical refrigeration, which is capable of lowering the temperature of the shellstock and maintaining it at 50°F (10°C) or less, as approved by the Virginia Department of Health, Division of Shellfish Sanitation.

A. Any person harvesting shellfish shellstock for commercial purposes shall affix a shellfish shellstock harvester tag to each container of shellfish shellstock, except as provided in subsection E of this section, before leaving any single harvest growing area. The shellfish shellstock harvester tag shall remain in place while the shellfish shellstock are transported from the harvest growing area to the landing site and from the landing site to a certified dealer or for any other use. Any transport of shellfish shellstock to a certified dealer requires that the shellfish shellstock harvester tag remain affixed to each container of shellfish shellstock until the container is emptied or shipped and re-tagged by a certified dealer.

B. The shellfish shellstock harvester tag, the bulk shellfish shellstock tag, and the green restricted-use shellstock tag shall be durable, waterproof, at least 13.8 square inches in size, and approved by the Virginia Marine Resources Commission or the Virginia Department of Health prior to use, and at least 13.8 square inches in size.

C. The shellfish shellstock harvester tag shall contain all of the following indelible and legible information, in the following order:

1. The harvester's Virginia Marine Resources Commission identification number or Virginia Marine Resources Commission oyster aquaculture harvester permit number or clam aquaculture harvester permit number;

2. The date of harvest, time that any shellfish shellstock harvest began, and time that harvested shellfish shellstock were offloaded and placed under temperature control;

3. An acknowledgement of whether or not those shellfish shellstock, described in subdivision 2 of this subsection, were placed in a storage container approved by the Virginia Department of Health, Division of Shellfish Sanitation-approved storage container with a layer layers of ice that continuously and completely covered the oysters;

4. The most accurate identification of the harvest location or aquaculture site, including the abbreviated name of the state of harvest and the Virginia Marine Resources Commission's designation of the growing area by indexing, administrative, or geographic designation, and the minimum identification requirement shall be to specify a single harvest area from the listing, as described in 4VAC20-1250-50;.The harvest location shall include the single harvest growing area as described in 4VAC20-1250-50 and shall also include either lease number, public harvest area as described in 4VAC20-720, or aquaculture site.

5. The type and quantity of harvested shellfish shellstock; and

6. The following statement, in bold capitalized letters: "THIS TAG IS REQUIRED TO BE ATTACHED, UNTIL THE CONTAINER IS EMPTY OR IS RE-TAGGED RETAGGED, AND THEREAFTER KEPT ON FILE, IN CHRONOLOGICAL ORDER, FOR 90 DAYS."

D. For any quantities of shellfish shellstock commercially harvested from a single harvest growing area, in any one day, that are loose and not containerized aboard any conveyance, the harvester shall prepare a shellfish shellstock harvester tag for that quantity of shellfish shellstock which shall accompany that quantity of shellfish shellstock during transport from the single harvest growing area to the landing site and from the landing site to a certified dealer or for transport to any area for replanting.

E. When multiple containers of shellfish shellstock are harvested from a single harvest growing area, in any one day, and placed in any conveyance, the lot may be tagged with a bulk shellfish shellstock tag, for that quantity of shellfish shellstock, which shall accompany that quantity of shellfish shellstock during transport from the harvest growing area to the landing site and from the landing site to a certified dealer or for transport to any area for replanting. In addition to the information required in subsection C of this section, any bulk shellfish shellstock tag shall also include:

1. The following statement in bold capitalized letters: "ALL SHELLFISH SHELLSTOCK CONTAINERS IN THIS LOT HAVE THE SAME HARVEST DATE AND ARE FROM A SINGLE AREA OF HARVEST"; and

2. The number of individual containers in the lot.

F. Certified shucker-packers shall use a green restricted-use shellstock tag for the harvest of restricted-use shellstock from a single harvest growing area in any one day. The restricted-use shellstock tag shall accompany that quantity of shellfish shellstock during transport from the harvest area to the landing site and from the landing site to the certified shucker-packer. In addition to the information required in subsection C of this section, any restricted-use shellstock tag shall also include:

1. The certified shucker-packer name and address; the certification number issued by the Virginia Department of Health, Division of Shellfish and Sanitation certification number; and the following statement in bold capitalized letters: "FOR SHUCKING BY A CERTIFIED DEALER OR POST HARVEST PROCESSING ONLY BY A CERTIFIED DEALER ONLY"; and

2. The quantity of restricted-use shellstock in the lot.

G. Certified dealers may use their certified dealer tag in place of a shellfish shellstock harvester tag as provided in subsection A of this section, except as provided in subsection F of this section.

H. All commercially harvested shellfish shellstock shall be tagged by a certified dealer prior to being sold, marketed, consumed, or transported to any location other than to a certified dealer or for replanting.

A. In addition to the penalty prescribed by law, any person violating any provision of this chapter shall destroy, in the presence of a marine police officer, all shellfish shellstock in his possession, or, at the direction of the marine police officer, shall place the shellfish shellstock overboard on the nearest oyster sanctuary or closed shellfish shellstock growing area and shall cease harvesting on that day. All harvesting apparatus may be subject to seizure, and, pursuant to § 28.2-232 of the Code of Virginia, all licenses and permits may be subject to revocation, following a hearing before the Virginia Marine Resources Commission.

B. As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person, within 12 months of a prior violation, is a Class 1 misdemeanor.

A listing of water area names for use by harvesters to designate harvest growing areas.