Sec. 10.15.07.06. Vibrio parahaemolyticus Control

A. A dealer and a shellfish aquaculture harvester permittee shall implement control measures as set forth in §B of this regulation to reduce the occurrence of Vibrio parahaemolyticus illness.

B. Control Measures.

(1) From June 1 through September 30, a shellfish aquaculture harvester permittee shall:

(a) Protect harvested oysters from direct sun by providing shade over the area where the harvested oysters are stored;

(b) Maintain air flow to the area where the harvested oysters are stored;

(c) Designate a single site for landing the harvested oysters;

(d) Document the harvest start time, which is the time the first oysters are removed from the water, on a harvest trip record or harvest tag; and

(e) Provide the harvest time record as set forth in §B(1)(d) of this regulation to a dealer on delivery.

(2) From June 1 through June 30, a shellfish aquaculture harvester permittee shall deliver harvested oysters to a dealer by 11:30 a.m. on the day of harvest.

(3) From July 1 through August 31, a shellfish aquaculture harvester permittee shall deliver harvested oysters to a dealer by 10:30 a.m. on the day of harvest.

(4) From September 1 through September 30, a shellfish aquaculture harvester permittee shall deliver harvested oysters to a dealer by 12:30 p.m. on the day of harvest.

(5) From June 1 through September 30, a dealer may not:

(a) Receive oysters harvested from Maryland waters:

(i) After the harvest delivery times set forth in §B(2)-(4) of this regulation; and

(ii) Without a harvest time record as set forth in §B(1)(d) of this regulation; or

(b) Sell or ship oysters that have not reached an internal temperature of 50°F (10°C) or below.

(6) From June 1 through September 30, a dealer shall:

(a) Place oysters under temperature control immediately upon delivery from the shellfish aquaculture harvester permittee: and

(b) Implement a HACCP plan as defined in COMAR 10.15.04 that recognizes pathogen growth of naturally occurring Vibrio bacteria present from June through September 30 as a significant hazard and includes:

(i) Control measures necessary to ensure, document, and verify that the internal temperature of oysters has reached 50°F (10°C) or below within 10 hours or less after being placed under temperature control; and

(ii) Corrective action to ensure that oysters that are not cooled to an internal temperature of 50°F (10°C) within 10 hours are not directed to the raw shellfish market.

(7) To comply with §B(6) of this regulation, a dealer shall ensure that a temperature control mechanism for cooling and storing of oysters:

(a) Maintains a temperature of 45°F; and

(b) Cools oysters to an internal temperature of 50°F (10°C) in 10 hours or less.

(8) A shellfish aquaculture harvester permittee who is a dealer shall comply with the requirements set forth in §B(1)-(7) of this regulation.

(9) The Department may except a shellfish aquaculture harvester permittee who is a dealer from the harvest delivery times set forth in §B(2)-(4) and the receiving time set forth in §B(5)(a)(i) of this regulation if the permittee/dealer:

(a) Places harvested oysters under temperature control within 5 hours of harvest start time, which is the time the first oysters are removed from the water; and

(b) Implements an HACCP plan as defined in COMAR 10.15.04 that includes the control measures necessary to ensure, document, and verify that the harvested oysters are placed under temperature control within 5 hours of harvest start time.