§ 13675. Raw Gulf Oysters: Labeling, Written Warnings and Additional Requirements.
17 CA ADC § 13675Barclays Official California Code of Regulations
17 CCR § 13675
§ 13675. Raw Gulf Oysters: Labeling, Written Warnings and Additional Requirements.
(8) “Oyster treatment process” means a process that has been determined by the state shellfish control authority having jurisdiction, the FDA, or a recognized process authority to consistently reduce the level of Vibrio vulnificus to less than 30 MPN per gram and achieve a minimum 3.52 log reduction in processed oysters, as determined by the use of the Vibrio vulnificus EIA procedure of Tamplin et al. as described in Chapter 9 of the FDA Bacteriological Analytical Manual, 7th edition 1992, which is hereby incorporated by reference, or another method that is at least equivalent to this method in terms of accuracy, precision, and sensitivity in detecting Vibrio vulnificus as determined by the state shellfish control authority having jurisdiction, the FDA, or a recognized process authority.
(11) “Shellfish Control Authority” means the State, or other regulatory authority, or its designated agents responsible for the enforcement of laws or regulations governing shellfish growing and harvesting areas, shellfish handling facilities and dealer activities including harvesting, transporting, storing, handling, processing, packing, and repacking of shellfish.
THIS FACILITY OFFERS RAW OYSTERS FROM THE GULF OF MEXICO. EATING THESE OYSTERS MAY CAUSE SEVERE ILLNESS AND EVEN DEATH IN PERSONS WHO HAVE LIVER DISEASE (FOR EXAMPLE ALCOHOLIC CIRRHOSIS), CANCER OR OTHER CHRONIC ILLNESSES THAT WEAKEN THE IMMUNE SYSTEM. If you eat raw oysters and become ill, you should seek immediate medical attention. If you are unsure if you are at risk, you should consult your physician.
AVISO IMPORTANTE
ESTA FACILIDAD OFRECE OSTRAS CRUDAS DEL GOLFO DE MÉXICO. A COMER ESTAS OSTRAS CRUDAS PUEDEN CAUSAR UNA ENFERMEDAD GRAVE Y HASTA LA MUERTA EN LAS PERSONAS QUE PADECEN DE ENFERMEDADES DEL HÍGADO (POR EJEMPLO, CIRROSIS ALCOHÓLICA), CANCER U OTRAS ENFERMEDADES CRÓNICAS QUE DEBILITAN EL SISTEMA INMUNOLÓGICO. Si usted come ostras crudas y se enferma, debe buscar atención medica inmediatamente. Si usted cree estar en peligro, debe consultar a un médico.
(2) Where raw oysters are purchased by a consumer over a counter, or where they are offered for sale by a sign, tag, or menu board, the sign bearing the warning set forth in subsection (b)(1) shall be prominently placed so that it is likely to be read by consumers prior to ordering raw oysters. The warning signs shall meet the following specifications:
(3) Where raw oysters are ordered directly from a server, at a dining table, or where a warning sign posted pursuant to subsection (b)(2) is not clearly legible from any location where the consumer orders raw oysters, the warnings shall be printed on all menus in which raw oysters are listed, or on tent cards located on each dining table. For menus, the warning may be shortened to contain the headers and the first two sentences of the English and Spanish statements as set forth in subsection (b)(1) and shall be prominently placed on the menu so that it is likely to be read by consumers prior to ordering raw oysters. Tent cards shall contain the complete warning statements as set forth in subsection (b)(1) and be prominently placed on the dining tables so that they are likely to be read by consumers prior to ordering raw oysters. Both menu warning statements and tent card warning statements shall meet the following specifications:
(1) Refuse to accept any container of raw shellstock oysters, half-shell oysters, or shucked oysters, if the container does not have a tag or label affixed that prominently and clearly bears the statement “Harvested in __________”, “Product of __________”, or words of similar meaning (to be filled in with the name of the state or foreign country in which the raw oysters were harvested). For containers of raw oysters that have any oyster harvested from a state bordering on the Gulf of Mexico, this paragraph is satisfied when the container bears a tag or label affixed that prominently and clearly bears the statement “Harvested from the Gulf of Mexico”, or “Product of the Gulf of Mexico”.
(d) Warnings under subsection (b) are not required for raw shellstock, half-shell or shucked Gulf oysters whenever the retailer has received a copy of a current verification letter from the dealer pursuant to subsection (h) and tags or labels as required by subsection (i) demonstrating that the oysters have been subjected to an oyster treatment process.
(e) In order to be eligible to receive verification by the department that oysters supplied by the dealer are subjected to an oyster treatment process, a dealer shall submit a written request for verification pursuant to Section 13676. A verification issued by the department shall be valid for two years from the date of issue unless revoked or suspended.
(f) A dealer who has received a verification pursuant to Section 13676 shall notify the department in writing prior to making any changes to the oyster treatment process, or any changes to the Hazard Analysis and Critical Control Point (HACCP) plan required by Title 21, Code of Federal Regulations, Part 123.
(h) A dealer who has received verification pursuant to Section 13676 shall provide a copy of the letter from the department granting the current verification to every dealer and retail food facility in California to whom the dealer sells or provides shellstock, half-shell, or shucked raw Gulf oysters. Every dealer and retail food facility that offers shellstock, half-shell, or shucked raw Gulf oysters for which verification pursuant to Section 13676 has been granted, shall retain and make available for inspection by the department and local health agencies a copy of the current verification letter provided by the dealer. A retail food facility shall retain the copy of the verification for one year after the date that the verification expires.
(i) A dealer who has received verification pursuant to Section 13676 shall affix to each container of raw Gulf oysters subjected to an oyster treatment process described in subsection (a)(8), a tag or label pursuant to subsections (c)(2), (c)(3), and (c)(4), as required. In addition to requirements of subsections (c)(2), (c)(3), and (c)(4), such tag or label shall clearly and prominently bear the phrase “PROCESSED TO REDUCE VIBRIO VULNIFICUS TO NON-DETECTABLE LEVELS”, followed by a lot number traceable to the dealer's processing records. Use of the phrase “PROCESSED TO REDUCE VIBRIO VULNIFICUS TO NON-DETECTABLE LEVELS”, or words of similar meaning on tags or labels of raw unprocessed oysters, or on tags or labels of processed raw oysters from other than a dealer who has a current verification from the department is unlawful, and causes the oysters to be misbranded.
Credits
Note: Authority cited: Sections 110065, 110105, 110430, 112165, 113707, 131050, 131051, 131052, 131055, 131056 and 131200, Health and Safety Code. Reference: Sections 110175, 110545, 110560, 110565, 110660, 110705, 112195, 112200, 113980, 114029, 114039, 114039.1, 114039.2, 114039.3 and 114039.4, Health and Safety Code.
History
1. New section filed 12-31-90 as an emergency; effective 12-31-90 operative 3-1-91 pursuant to subsection (g) (Register 91, No. 8). A Certificate of Compliance must be transmitted to OAL by 4-30-91 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 3-1-91 as an emergency, operative 3-1-91 (Register 91, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-1-91 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-1-91 order including amendment of section transmitted to OAL 7-1-91 and filed 7-23-91 (Register 91, No. 45).
4. Editorial correction of printing errors in section (Register 91, No. 45).
5. Amendment of section heading, section and Note filed 6-6-97 as an emergency; operative 6-6-97 (Register 97, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-6-97 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of History 3 (Register 97, No. 46).
7. Certificate of Compliance as to 6-6-97 order, including amendment of subsection (g)(1), transmitted to OAL 10-1-97 and filed 11-13-97 (Register 97, No. 46).
8. Amendment of section heading, section and Note filed 4-14-2003 as an emergency; operative 4-14-2003 (Register 2003, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-12-2003 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 4-14-2003 order transmitted to OAL 8-11-2003 and filed 9-23-2003 (Register 2003, No. 39).
10. Amendment of subsections (a)(1)-(5), (a)(8)-(10) and (i) and amendment of Note filed 2-27-2015; operative 4-1-2015 (Register 2015, No. 9).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 17, § 13675, 17 CA ADC § 13675
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