(a) If the dealer uses reusable containers to hold or transport shucked molluscan shellfish between activities for the purpose of further processing or packing, the reusable containers are exempt from the labeling requirements in this section. When reusable containers are used, the lot shall be accompanied by a record containing:
  (1) the shucker-packer's name and certification number;
  (2) the shucking date; and
  (3) the quantity of molluscan shellfish per container and the total number of containers.
(b) If the dealer uses master shipping cartons, the master cartons are exempt from these labeling requirements when the individual containers within the carton are properly labeled.
(c) The dealer shall assure that each individual package containing fresh or frozen shucked molluscan shellfish meat is labeled in a legible and indelible form in accordance with applicable federal and state regulations concerning:
  (1) information on the principal display panel; and
  (2) the standard of identity.
(d) The dealer shall assure that each package containing less than 64 fluid ounces of fresh or frozen molluscan shellfish shall have:
  (1) the shucker-packer's or repacker's certification number on the label; and
  (2) a "SELL BY DATE" which provides a reasonable subsequent shelf life or the words "BEST IF USED BY" followed by a date when the product would be expected to reach the end of its shelf life. The date shall consist of the abbreviation for the month and number of the day of the month. For frozen molluscan shellfish, the year will be added to the date.
(e) The dealer shall provide a "DATE SHUCKED" on all containers of shucked molluscan shellfish with a capacity of 64 fluid ounces (1873 ml) or more. The "DATE SHUCKED" shall:
  (1) for fresh molluscan shellfish, consist of the number of the day of the year (Julian date) or the month and the number of the day of the month;
  (2) for frozen molluscan shellfish, include the year; and
  (3) appear on the lid and either the sidewall or bottom of durable containers; or
  (4) appear on the lid or sidewall of disposable containers.
(f) The dealer shall label all frozen molluscan shellfish as frozen in type of equal prominence immediately adjacent to the name of the molluscan shellfish.
(g) If the dealer thaws and repacks frozen molluscan shellfish, the dealer shall label the molluscan shellfish container as previously frozen.
(h) The dealer shall provide all label information in a legible and indelible form.
(i) Shucked Molluscan Shellfish. If the dealer elects to repack molluscan shellfish, the dealer shall pack and label all molluscan shellfish in accordance with this section except that the original date of shucking shall be used as the "DATE SHUCKED" or in establishing the "SELL BY DATE."

Source Note: The provisions of this §241.66 adopted to be effective March 20, 2003, 28 TexReg 2346