# COMAR Title 10 — Maryland Department of Health

## Subtitle 15 — Food

### Chapter 07 — Shellfish Sanitation

#### Regulation .04 Licenses and Certifications.

*COMAR 10.15.07.04*

A. Except for a licensed harvester delivering the harvester's catch to a certified dealer on the day of harvest, a person may not offer shellfish for sale in-State or interstate unless the person is licensed and certified in accordance with this chapter.

B. In order to operate a shellfish plant, a person shall obtain a food processing plant license pursuant to the provisions of:

  (1) Health-General Article, §21-305, Annotated Code of Maryland;

  (2) COMAR 10.15.04; and

  (3) This chapter.

C. The person-in-charge shall ensure that:

  (1) Shellfish are not purchased, sold, or processed without the:

    (a) License required by the Health-General Article, §21-305, Annotated Code of Maryland; and

    (b) Certification required by this chapter; and

  (2) The required food processing plant license and certification are conspicuously posted in the plant.

D. In order to purchase or ship shellfish products in in-State or interstate commerce, a person shall obtain certification pursuant to this chapter.

E. The Department shall specify on the license and certification issued to a person operating a shellfish plant that the person is approved to operate as a:

  (1) Shucker-packer (SP);

  (2) Repacker (RP);

  (3) Shellstock shipper (SS);

  (4) Reshipper (RS); or

  (5) Depuration processor (DP).

F. The person-in-charge shall ensure that the operations in the plant are limited to the type of shellfish operation specified on the license and certification pursuant to §E of this regulation.