(a) Harvesters. Any harvester who engages in molluscan shell stock packing as defined in this subchapter of this title (relating to Molluscan Shellfish) shall:
  (1) be a dealer; or
  (2) pack molluscan shell stock for a dealer.
(b) Vessels.
  (1) The dealer shall not accept molluscan shell stock unless all vessels used to harvest and transport molluscan shell stock are properly constructed, operated and maintained to prevent contamination, deterioration and decomposition of the molluscan shell stock.
    (A) Decks and storage bins shall be constructed and located to prevent bilge water or polluted overboard water from coming into contact with the molluscan shell stock.
    (B) Bilge pump discharges shall be located so that the discharge shall not come into contact with the molluscan shell stock.
    (C) Bags or other containers used for storing molluscan shell stock shall be clean and fabricated from safe materials.
    (D) Boat decks and storage bins used in the harvest or transport of molluscan shell stock for direct marketing shall be:
      (i) kept clean with potable water or water from a harvest area in the open status of the approved classification or in the open status of the conditionally approved classification; and
      (ii) constructed so that water does not stand on the deck or in the storage bin.
    (E) Coverings shall be provided on harvest boats to protect molluscan shell stock from exposure to adverse conditions.
  (2) Cats, dogs, and other animals shall not be allowed on vessels.
(c) Disposal of human sewage from vessels.
  (1) Human sewage shall not be discharged overboard from a vessel used in the harvesting of molluscan shell stock or from vessels that buy molluscan shell stock, but only into an appropriate sewage disposal system.
  (2) An approved marine sanitation device (MSD), portable toilet or other sewage disposal receptacle shall be provided on the vessel to contain human sewage.
  (3) Portable toilets shall:
    (A) be used only for the purpose intended;
    (B) be secured while on board and located to prevent contamination of molluscan shell stock by spillage or leakage;
    (C) be emptied only into an appropriate sewage disposal system;
    (D) be cleaned and sanitized before being returned to the boat; and
    (E) be cleaned only with equipment that is not used for washing or processing food.
  (4) Use of other receptacles for sewage disposal may be approved by the department if the receptacles are:
    (A) constructed of impervious and cleanable materials; and
    (B) meet the requirements in subsection (c)(3) of this section.
(d) Molluscan shell stock washing.
  (1) Molluscan shell stock shall be washed reasonably free of bottom sediments as soon after harvesting as practicable.
  (2) The harvester shall be primarily responsible for washing the molluscan shell stock.
  (3) If molluscan shell stock washing is not feasible at the time of harvest, the dealer shall assume this responsibility.
  (4) Water used for molluscan shell stock washing shall be obtained from:
    (A) a potable water source; or
    (B) a harvest area in the:
      (i) open status of the approved classification; or
      (ii) open status of the conditionally approved classification.
  (5) If the harvester or dealer elects to use tanks or a water system to wash molluscan shell stock, the molluscan shell stock washing system shall be constructed, operated, and maintained in compliance with an approved HACCP plan in accordance with §241.63 of this title (relating to General HACCP Requirements), and §241.64 of this title (relating to General Sanitation Requirements).
(e) Molluscan shell stock identification.
  (1) Each harvester shall affix a tag to each bag or container of molluscan shell stock that shall be in place while the molluscan shell stock is being transported to a dealer.
  (2) If the molluscan shell stock is harvested at more than one location, each container shall be tagged at its harvest area.
  (3) When the harvester is also the dealer, the harvester has the option to tag the molluscan shellfish with a harvester's tag or a dealer's tag meeting all requirements of this section.
  (4) The harvester's tags shall:
    (A) be durable, waterproof and approved by the department prior to use; and
    (B) be at least 2-5/8 by 5-1/4 inches (6.7 by 13.3 cm) in size.
  (5) The harvester's tag shall contain the following indelible, legible information in the order specified:
    (A) the commercial oyster boat captain's license number (issued by TPWD), the captain's name, and any one of the following:
      (i) the oyster boat license number;
      (ii) the boat state registration number; or
      (iii) the documented boat name;
    (B) the date of harvest;
    (C) the most precise identification of the harvest location as is practicable including the initials of the state of harvest, and any department designation of the harvest area by indexing, administrative or geographic designation;
    (D) when the molluscan shell stock has been in wet storage in a dealer's operation, the statement: "THIS PRODUCT IS A PRODUCT OF (NAME OF STATE) AND WAS WET STORED AT (FACILITY CERTIFICATION NUMBER) FROM (DATE) TO (DATE)";
    (E) the type and quantity of molluscan shell stock; and
    (F) the following statement in bold capitalized type on each tag: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS."
  (6) Molluscan shell stock harvested during the period April 1 through October 31 that will not be refrigerated within the Time-To-Refrigeration guidelines required in §241.61 of this title (relating to Molluscan Shell Stock Temperature Control) shall not be harvested before 6:00 a.m. and shall be placed under refrigeration as designated in §241.61 of this title by 8:00 p.m. each day and shall be identified, stored, and processed separately from molluscan shell stock that is refrigerated within these Time-To-Refrigeration guidelines.
  (7) Molluscan shell stock harvested and held exempt from the Time-To-Refrigeration guidelines in paragraph (6) of this subsection shall:
    (A) be tagged with a harvester tag meeting all other requirements that shall also be over stamped on both sides with the words "FOR SHUCKING BY A CERTIFIED DEALER" in ink that shall be neon green in color in letters at least one-half inch in height. This special harvester tag shall be placed on each container of molluscan shell stock at the conclusion of harvesting of this exempt molluscan shell stock and before harvesting of any other molluscan shell stock. This special harvester tag shall remain attached to each container until the molluscan shell stock is shucked;
    (B) not be commingled with any other molluscan shellfish and shall be stored separately on harvest boats and at any certified location; and
    (C) be shucked and placed in containers bearing the consumer information language adopted by the ISSC, or an equivalent approved in writing by the SSD prior to use, unless the invoice and bill of lading for shipment of this exempt molluscan shell stock to another dealer both contain the following statement: "FOR SHUCKING BY A CERTIFIED DEALER." All dealer tags attached to such molluscan shell stock shall be over stamped identical to the harvester tag.
  (8) If the molluscan shell stock is removed from the original bag or container, the tag on the new bag or container shall meet all the requirements in subsection (e) of this section.
(f) Harvester records.
  (1) Each harvester who harvests molluscan shell stock during the period April 1-October 31 shall maintain written records for each date molluscan shell stock is harvested that show the time the first molluscan shell stock is harvested, the time harvesting ends, and the time molluscan shell stock is unloaded from the boat.
  (2) If molluscan shell stock is harvested and held exempt from the Time-To-Refrigeration guidelines in subsection (e)(6), (7), and (8) of this section, the harvester records shall also include the time that harvesting of this exempt molluscan shell stock ends and the time that harvesting of other molluscan shell stock begins.
Cont'd...
(3) These records shall be provided to the dealer with the molluscan shell stock and shall be maintained as part of the dealer's records.
(g) Any molluscan shellfish in the possession of a person holding a valid license issued by TPWD under Texas Parks and Wildlife Code, Chapter 47 or Chapter 76, shall be considered to be harvested for human consumption and offered for sale for food in Texas.
(h) Harvesters shall:
  (1) be responsible for control of their molluscan shell stock until acceptance by a dealer;
  (2) sell their molluscan shell stock only to a currently certified shellfish dealer;
  (3) be required to deliver their molluscan shell stock to a dealer the same day the molluscan shell stock is harvested. Delivery of the molluscan shell stock means packing the molluscan shell stock into an approved container, transfer of the molluscan shell stock from the boat to a certified location, and acceptance of the molluscan shell stock by the dealer; and
  (4) be required to transport molluscan shell stock on ice or at air temperatures of 45 degrees Fahrenheit or less if the time from unloading the boat until the product is accepted by a dealer and placed under refrigeration at a certified location will exceed two hours.
(i) If the harvester transports molluscan shell stock other than by boat to a certified location, the harvest boat captain must accompany the molluscan shell stock until acceptance by the dealer.
(j) It is illegal for harvesters to sell molluscan shell stock directly to the public.

Source Note: The provisions of this §241.57 adopted to be effective March 20, 2003, 28 TexReg 2346