(a) No person shall engage in any activity requiring a license under §§241.1 - 241.9 of this title (relating to Texas Crabmeat) without having applied for and obtained an annual numbered license pertaining to the particular activity from the commissioner. No license will be issued without a HACCP plan, in accordance with §241.6 of this title (relating to General HACCP Requirements), that is acceptable to the SSD.
(b) Dealer Licensing.
  (1) Picker-Packer. Any person who cooks crabs and picks and packs the crabmeat shall be licensed as a picker-packer.
  (2) Pasteurizer. Any person who cooks crabs, picks, packs, and pasteurizes the crabmeat, or pasteurizes crabmeat picked and packed in another location shall be licensed as a pasteurizer.
(c) Time Period for Processing and Issuing a License.
  (1) The date a license application is received is the date the original application reaches the department.
  (2) The period for processing an application begins on the date the SSD receives a compliance memo from an authorized agent of the state, which states the facility is in compliance with all applicable rules, including the HACCP requirements described in §241.6 of this title.
  (3) An application for a license is complete when:
    (A) the SSD has received, reviewed, and found acceptable the application information required by §§241.1 - 241.9 of this title.
    (B) the SSD receives a compliance memo from an authorized agent of the state, which states the facility is in compliance with all applicable rules, including the HACCP requirements described in §241.6 of this title.
  (4) A license is valid from March 1 through the last day of February each year, or part thereof.
(d) Prior to beginning construction of a new crabmeat plant or major remodeling of an existing crabmeat plant (which includes, but is not limited to: any process new to that particular plant; any change of product flow; or any enlarging of the plant structure), complete, legible plans showing the floor plan of the building with dimensions drawn to scale, location of equipment, doors, floor drains, etc., and written, complete operational procedures for all phases of the activity, including flow of the product, shall be submitted to SSD for review and written approval. Additional plans of the entire premises may be required showing all structures, as well as all water wells and septic systems, with related distances and a statement of specifications as to type, sizes, design, date installed, etc. Plans shall be submitted to the SSD no less than 30 days prior to initiating a new process or beginning construction. No operations shall be conducted while any construction or related activity, that has the potential to contaminate the product, is occurring inside the plant.
(e) A legibly written or typed application on forms provided by the department must be filed with the SSD each year.
(f) If the applicant proposes to use a date other than an open date, the application for a license must be accompanied by a written statement of the procedure the applicant will use to determine the date to be included on the label for crabmeat packed or pasteurized and shipped from the location listed in the application.
(g) A license and unique number shall be issued by the commissioner only after an inspection of the plant by an authorized agent has revealed that the plant and practices are in compliance with these sections. A license and unique number shall be issued to a dealer for each location at which crabmeat operations are to be conducted and a license is required.
(h) The inspection of a previously licensed plant which has exhibited operational problems, violations of operational requirements of these sections, or has had a license revoked shall not be conducted until written, complete operational procedures for all phases of the activity, including flow of the product, are submitted to the SSD for review and approval. An application may be refused and a license denied based on a history of failure to comply with the requirements of these sections in accordance with §241.5 of this title (relating to Enforcement).
(i) Crabmeat operations by the dealer shall not begin until the commissioner has issued the crabmeat processing license for that location. Each license shall expire automatically at 11:59 p.m. the last day of February following the date of issue. Licenses shall not be transferable.

Source Note: The provisions of this §241.3 adopted to be effective March 20, 2003, 28 TexReg 2345