Public Notices

Title 22 Part 21 - Crab Processing - Proposed Changes

The Mississippi Department of Marine Resources (MDMR) does hereby give public notice that on June 20, 2017 at the regularly scheduled meeting of the Commission on Marine Resources, the Commission approved a Notice of Intent to update, modify and change below listed sections of Title 22 Part 21. Said Notice of Intent was filed with the Mississippi Secretary of State’s office on June 20, 2017. A complete copy of Title 22 Part 21 and the proposed changes are available are available at www.dmr.ms.gov. Public comments on the proposed regulation changes will be accepted through July 17, 2017. All comments should be mailed to the MDMR, Attn: Joe Jewell, 1141 Bayview Avenue, Biloxi, MS 39530 or emailed to Joe Jewell at This email address is being protected from spambots. You need JavaScript enabled to view it. and delivered by 5:00 PM on July 17, 2017.

PART 21 Rules and Regulations for the Preparation, Picking, Packing, Shipping, and Sale of Saltwater Crabs and Saltwater Crab Products in the State of Mississippi

Description of proposed changes:

TITLE 22 – MISSISSIPPI DEPARTMENT OF MARINE RESOURCES PART 21 RULES AND REGULATIONS FOR THE PREPARATION, PICKING, PACKING, SHIPPING, AND SALE PROCESSING OF SALTWATER CRABS AND SALTWATER CRAB PRODUCTS IN THE STATE OF MISSISSIPPI

Chapter 01 Introduction

100 This Part establishes the minimum requirements necessary to regulate the processing of saltwater crabs. and establishes a program to protect the public health of consumers by providing for the sale or distribution of saltwater crabs from safe sources and by providing that the saltwater crabs have not been adulterated during preparation, picking, packing, shipping and selling and other related activities in the state.

 

Chapter 02 Justification and Authority

100The Mississippi Commission on Marine Resources (MCMR) has determined that it is in the best interest of the State of Mississippi and necessary for the protection, conservation, and propagation of all saltwater crabs in the waters under the territorial jurisdiction of the State of Mississippi to regulate the preparation, picking, packing, shipping and sale activities processing of saltwater crabs in the state.

102 Miss. Code Ann. § 49‑15‑28, as amended, addresses seafood wholesale licensing.

103Miss. Code Ann. § 49‑15‑29, as amended, authorizes the MCMR to assess and collect certain taxes and license fees.

104Miss. Code Ann. § 49‑15‑30, as amended, authorizes the MCMR to promulgate regulations for nonresident certificates.

Chapter 03 Definitions

100ADULTERATED – saltwater crabs or saltwater crab products shall be deemed adulterated if any foreign substance has been added to the saltwater crab or saltwater crab products. Saltwater crabs or saltwater crab products shall also be deemed adulterated if the saltwater crabs or saltwater crab products have been mixed or packed therewith so as to increase its bulk or weight, or reduce its quality, or make it appear better or of greater value than it is.

100 BACKING – the act of removing a crab’s carapace and internal organs.

 

101 Certification or CERTIFY – the issuance of a numbered certificate to a person, firm, or corporation for a particular activity or group of activities that indicates permission from the authority to conduct the activity process crabs.

 

102 Certification number–a unique combination of letters and numbers, as assigned by the Mississippi Department of Marine Resources (MDMR), to each processor for each location. Each certification number shall consist of a three-digit Arabic number preceded by the two letter Sstate abbreviation (MS) and followed by the two letter abbreviation for the activity of crab processing (CP). that the processor is qualified to perform in accordance with this Part.

103 Certified crab PLANTan individual a person, firm, or corporation that has a building or facility/unit or parts thereof, used for or in connection with handling, transporting, packaging, repackaging, and/or processing of saltwater crabs or saltwater crab products and possesses a valid seafood processor’s license and certification number.

104 Compliance schedule – a written schedule that provides a correction time period date to eliminate the deficiencies noted during inspections.

105 Container – any bag, sack, tote, conveyance or other receptacle used for containing saltwater crabs or saltwater crab products for holding or transporting.

106105 CRITICAL DEFICIENCY (“C”) – a condition or practice that results in the production of a product that is unwholesome or presents a threat to the health or safety of the consumer.

107106 CROSS CONNECTION – an unprotected actual or potential connection between a potable water system and any source or system containing unapproved water or a substance that is not or cannot be approved as safe and potable.

108107 EASILY CLEANABLE – a surface which is readily accessible and is made of such materials, has a finish, and is so fabricated that residues may be effectively removed by normal cleaning methods will effectively remove residues.

108 FINISHED PRODUCT CONTAINER– any receptacle used for containing processed saltwater crabs.

109 Food contact surfacethose surfaces that contact human food and those surfaces from which drainage onto the food or onto surfaces that contact the food ordinarily occurs during the normal course of operations. Food contact surfaces include utensils and food contact surfaces of equipment.

110 INCLUDES OR Including – means includes or including by way of illustration and not by way of limitation.

111110 KEY DEFICIENCY (“K”) – a condition or practice that could potentially result in adulterated, decomposed, misbranded or unwholesome unsanitary product.

112 111 LABEL – any written, printed or graphic matter affixed to or appearing upon any package finished product container containing saltwater crabs or saltwater crab products.

113 MAY – means discretionary and is not mandatory or required.

114 112 MISBRANDED – products shall be deemed misbranded if its labeling is false or misleading in any way, or if it does not bear a label in accordance with this Part.

115 113 OTHER DEFICIENCY (“O”) – a condition or practice which is not defined as critical or key and is not in accordance with the requirements of this Part.

           

116 PERSON – any individual, receiver, trustee, guardian, personal representatives, fiduciary, or representative of any kind, and any partnership, association, corporation or other entity. Person includes the federal government, the State, and any other public or private entity.

117 114 PEST – refers to any objectionable animals or insects including, but not limited to birds, rodents, flies, and larvae.

118 115 Processinghandling, storing, the act of preparing, changing into different market forms, manufacturing, preserving, picking, chilling, backing, and packaging, labeling finished product containers, or holding and storage of processed saltwater crabs.

119 116 Processor – means any person, firm, or corporation engaged in commercial, custom, or institutional processing of saltwater crabs or saltwater crab products.

120 117 SALTWATER CRAB – shall mean all species of saltwater crabs that are commercially processed. The primary saltwater crab species includes, but is not limited to Callinectes sp.

121 118 SALTWATER CRAB PRODUCTS the actual saltwater crab orthe edible meat of a processed saltwater crab distributed for consumption.

122 Sanitation Monitoring – monitoring conditions and practices during processing with sufficient frequency to ensure, at a minimum, conformance with those conditions and practices specified in this Part.

 

123 Sanitation Standard Operating Procedures – a document that is specific to each location at which saltwater crabs or saltwater crab products are handled/processed. This document should specify how the processor intends to meet the sanitation conditions and practices to be monitored in accordance with this Part.

 

124 119 Sanitize – to adequately treat food contact surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, substantially reducing the numbers of other undesirable microorganisms, and not adversely affecting the product or its safety for the consumer.

125 Shall – is used to state mandatory requirements.

 

126 Should – is used to state recommended or advisory procedures or to

identify recommended equipment.

 

127 120 SWING DEFICIENCY (“S O/K” or “S k/c”) – a deficiency noted on the inspection form which, depending upon the severity and circumstances, can be a “Critical, Key, or Other” deficiency.

 

Chapter 04 Application

100 As provided in Miss Code Ann. § 49-15-15(1) (c), as amended, tThe provisions of this Part shall apply to:

100.01 All persons, firms, or entities corporations engaged in the processing of saltwater crabs or saltwater crab products intended for human consumption and operating under a certified crab plant certification number as issued by the MDMR.

100.03 Those areas of any certified crab plant under the jurisdiction of the MCMR.

100.04 Non-residents engaged in like activity as defined in Miss. Code Ann. § 49-15-30, as amended.

101 The provisions of this Part shall not apply to:

101.01 Operations of such persons, firms, entities or establishments with respect to seafood products other than saltwater crabs; Seafood establishments dealing with seafood products other than saltwater crabs;

101.02 The operations of retail establishments located in Mississippi dealing in seafood or seafood products, but not operating in conjunction with a certified crab plant.

101.03 101.02 Harvesting or transporting saltwater crabs or saltwater crab products, without otherwise engaging in processing.

Chapter 05 MDMR Program Management

102 The MDMR Executive Director, the Director of Marine Fisheries or the MDMR designee in charge of saltwater crab processing or his designee will declare that saltwater crabs or saltwater crab products be recalled when the MDMR determines that a recall is required to eliminate a public health risk to consumers who otherwise may experience such a risk if the food is available and is consumed. The recalled saltwater crabs or saltwater crab products will be properly disposed of in accordance with Chapter 14 Subchapter 103 of this Part to prevent human consumption.

 

Chapter 06 Processor Certification

100 General requirements

100.01 It shall be unlawful for a person, firm, or corporation to act as a processor process saltwater crabs prior to obtaining a seafood processor’s license and certification from the MDMR.

100.03 It shall be unlawful for all persons, firms, or entities desiring to engage in processing saltwater crabs within the State of Mississippi to fail to obtain a license for such operations in accordance with Miss. Code Ann. § 49-15-28 and § 49-15-29, as amended.

100.04.04 100.07 The MDMR may has the authority to allow separate certified crab plants to share a facility.

100.04.05 100.08 The certification number issued to each processor by the MDMR shall be unique.

101 Initial certification shall be granted provided the following standards are met:

101.05 Processor is properly licensed in accordance with Miss. Code Ann. §49-15-28 and §49-15-29, as amended.

103 Any person, firm, or other entity corporation applying for certification/recertification must, in addition to complying with the provisions listed above, meet the following requirements in order to have issued and to maintain such a certification:

103.03 A certified seafood crab processor’s operational activities shall meet all seafood safety and sanitation control procedures/requirements as set out in this Part.

Chapter 07 Responsibility of Processor, Manager and Operator

100  Each certified crab plant processor, manager, and operator shall assure that all regulations as specified in this Part are strictly adhered to and that only safe and wholesome unadulterated sanitary product shall be offered for sale to the consuming public.

101  The processor shall assure that the certified crab plant is properly supervised in accordance with Chapter 15 14 Subchapter 110 of this Part at all times.

102 The owner of a certified crab plant shall keep all safety/sanitation and marketing records (not including price information) records for a minimum of one (1) year for fresh products and a minimum of two (2) years or the shelf-life, which ever is longer, for frozen products.

103 In the event the MDMR issues a recall of saltwater crab products based upon the need to eliminate a public health risk, the processor shall fully cooperate with the MDMR in implementing the product recall. The processor shall be responsible for determining where the recalled lot or lots saltwater crab products were moved to in the market system, contacting the receivers of the product, stopping any further market distribution of the saltwater crab products, and removing the associated saltwater crab products from the market as directed by the MDMR, and providing the MDMR proof of removal in the form of bills of lading, receipts, or some other similar documentation.

 

Chapter 08 Inspections

101 The MDMR has the authority to officially inspect the certified crab plant may be officially inspected more frequently than once per quarter if it consistently has excessive critical and non-critical deficiencies as definedby the MDMR that are not corrected based upon a reasonable correction schedule as agreed upon by the MDMR and the certificate holder.

102 The MDMR will shall provide a copy of the completed inspection form to the person in-charge at the certified crab plant operation at the time of the inspection. The inspection form shall contain a listing of deficiencies by area in the operation with corresponding citation from this Part.

Chapter 09 Actions Triggered by Inspections

103 Temporary hold on a saltwater crabs or saltwater crab products

103.01 The MDMR, while in a certified crab plant, has the authority to place any saltwater crabs or saltwater crab products in the facility/unit on a temporary hold to prevent the designated products from leaving the facility/unit.

103.02 The Saltwater crabs or saltwater crab products in the certified crab plant can only be placed on the temporary hold in cases where there is evidence, as documented on the official inspection form signed and dated by the MDMR to support such action. The inspection must show with clear and convincing evidence that the products involved are misbranded, adulterated or potentially adulterated, or that a health hazard or potential health hazard exists. A copy of the official inspection sheet, with the temporary hold order, handed to the certificate holder or the certificate holder’s authorized representative, or in their absence, posted in a conspicuous place at the facility/unit, shall constitute a written notice for a temporary hold on the products.

103.03 The temporary hold shall remain in effect until the processor is notified in writing by the MDMR that the violation has been corrected and the products confiscated has have been destroyed or managed in some other manner that allowsthe productsto be safely marketed for human consumption. These corrective actions must be done to the satisfaction of the MCMR or as hereby authorized the MDMR, Executive Director, or the MDMR designee in charge of saltwater crab processing.

104 Cease and Desist Orders

104.01 After seventy-two (72) hours on temporary hold of a certified crab plants saltwater crab product, a cease and desist order may be issued by the MDMR Executive Director, the Director of Marine Fisheries or the MDMR designee in charge of saltwater crab processing and has the authority to issue a cease and desist order which will remain in effect until such time that product acceptability can be verified.

104.02 In a case where any saltwater crab products involved create a health hazard or whenever adulterated or misbranded products are found, or in any case of willful refusal to certify an inspection, the MDMR may has the authority to issue a Ccease and Ddesist order effective immediately to suspend all related processing activities. This order shall be in effect until such time as proper corrective actions have been taken and the order is lifted as provided in writing.

104.03 Verification that proper corrective actions have been taken shall be provided in writing and this can be provided will be noted on the official inspection form during an official inspection of the certified crab plant.

105 Suspension or Revocation of a Seafood Processors Certificate

105.01.02 The certificate holder interfered or prevented the temporary hold or confiscation and disposal of saltwater crabs or saltwater crab products by the MDMR when the saltwater crabs or saltwater crab product was were declared, in writing, an adulterated or potentially adulterated product and a public healthrisk or a potential public health risk by the MDMR, and the MDMR concluded that the stated foods had to be confiscated and removed from the facility/unit and properly disposed.

105.02 The suspension or revocation of a certification shall be implemented provided that the MDMR shall in all cases serve upon the holder a written notice of intent to suspend or revoke the certificate. The notice shall specify the violations and allow the holder such reasonable opportunity to correct such violations as may be agreed to by the parties before making any order of suspension/revocation effective. A copy of the official signed suspension or revocation order handed to the certification holder or the certification holder’s authorized representative, or in their absence, posted in a conspicuous place in the establishment, shall constitute a written notice to suspend or revoke the certificate. A suspension/revocation of a certificate shall remain in effect until the violation has been corrected to the satisfaction of the MDMR or, in an absence of a correction satisfactory to the MDMR, to the satisfaction of the MCMR.

 

Chapter 10 Performance Based Inspection Program (PBIP)

100 A PBIP may be instituted by the MDMR for any certified crab plant that meets the requirements of Chapter 06 subchapter 103 of this Part.

101 The minimum frequency of inspection under a PBIP shall be no less than one (1) inspection per certification period. The recertification inspection may qualify as the required minimum inspection frequency.

102 To be eligible for a PBIP, the processor shall have demonstrated a history of satisfactory compliance for the previous three-year (3) period. The three year (3) demonstration shall include:

102.01 Full compliance with the minimum inspection frequency shown under Chapter 08 of this Part;

102.02 Recertification of the processor by the MDMR;

102.03 Verification that no critical deficiencies, no more than one key deficiency and no more than two other deficiencies have occurred in any one inspection;

102.04 Correction of all identified deficiencies in accordance with the compliance schedule approved by the MDMR; and

102.05 No repetition of the identified deficiencies.

Chapter 11 10 Labeling of Saltwater Crab Products

100 All finished product containers or packages enclosing fresh or frozen saltwater crab products shipped into or out of the State of Mississippi shall originate from a certified crab processor and shall be conspicuously, indelibly, and legibly labeled with the following information:

100.01 Name of the product.

100.02 Name and address of the packer, repacker or distributor.

100.03 Size of the container or package.

100.04 Certification number.

100.05 Containers of frozen saltwater crab products shall bear on the label nutritional facts as required by federal regulations unless otherwise exempt.

101 All saltwater crabs and saltwater crab products shipped by a certified processor within, into or out of the State of Mississippi shall be accompanied by a bill of lading or bill of sale with the following information:

101.01 Shipper’s name, address, and certificate number.

101.02 Date of shipment.

101.03 Name and address of consignee.

101.04 Type and quantity of saltwater crabs or saltwater crab products.

102 All saltwater crabs and saltwater crab products purchased for personal consumption must be properly identified as specified in accordance with Chapter 11 of this Part, and be accompanied by a receipt or a bill of sale containing the following information, the intent being that the following information is present and available for inspection by any official of MDMR.    

102.01 Name and certificate or license number of seller.

102.02 Quantity of saltwater crabs or saltwater crab products purchased.

102.03 Purchase date.

Chapter 12 11 Purchase and Sales Records

100 Persons, firms or corporations handling, buying, selling, or shipping saltwater crabs or saltwater crab products shall keep accurate records showing the names, addresses, and permit numbers of all persons from whom lots are received, the source of each lot (growing area) and the names and addresses of persons to whom lots are sold or shipped and the dates of the aforementioned transactions. Persons, firms or corporations handling, buying, selling or shipping saltwater crabs or saltwater crab products shall record the number of containers of saltwater crabs or saltwater crab products and to whom or from whom the saltwater crabs or saltwater crab products were shipped, sold, bought, or received. Such records shall be open to inspection at any time during operating hours, by any duly authorized representative of the MDMR.

100 All saltwater crabs and saltwater crab products purchased, sold, and/or shipped by a certified processor within, into or out of the State of Mississippi shall be accompanied by a bill of lading or bill of sale with the following information:

100.01 Processor’s name, address, and license/certificate number.

100.02 Date of transaction.

100.03 Name and address of consignee.

100.04 Type and quantity of saltwater crabs or saltwater crab products.

101 All saltwater crabs and saltwater crab products purchased for personal consumption must be accompanied by a receipt or a bill of sale containing the following information:

101.01 Name and certificate or license number of seller.

101.02 Quantity of saltwater crabs or saltwater crab products purchased.

101.03 Purchase date.

      

102 Such records shall be open for inspection at any time by any duly representative of the MDMR.

Chapter 13 Transportation of Saltwater Crabs or Saltwater Crab Products

100 All saltwater crab products transported by a certified crab plant across the borders of the State of Mississippi, whether being imported into or exported from the State and that requires cold temperature control for health safety, must be under cold temperature holding conditions that maintain seafood safety conditions. However, this regulation shall not apply to live animals of seafood species covered under this Part, provided the holding temperature for such live animals does not create health safety risks when such live animals are processed and marketed for human consumption.

 

Chapter 14 12 Adulterated or Misbranded Saltwater Crab Products

100 No person, firm, or corporation shall within the state of Mississippi hold or pack saltwater crab products under conditions whereby the product may become adulterated and/or a known public health risk.

101 It shall be unlawful within the state of Mississippi to produce, provide for sell sale, or purchase, offer, possess, or have in possession with intent to sell, any saltwater crabs or saltwater crab products which are adulterated or misbranded.

102 Any adulterated, misbranded, mislabeled, or unlabeled saltwater crabs or saltwater crab products under the jurisdiction and authority of the MCMR in accordance with Miss. Code Ann. §49-15-15 (c), as amended, may be are subject to be impounded by the MDMR Executive Director, the Director of Marine Fisheries or the MDMR designee in charge of saltwater crab processing.

103 Marine Patrol is authorized to seize and dispose of saltwater crabs or saltwater crab products as directed by the MCMR, the MDMR Executive Director, the Director of Marine Fisheries, the Seafood Technology Bureau Director, or a certified Seafood Inspector.

Chapter 15 13 Sanitation Requirements

103 The processor shall prevent cross contamination of food and food contact surfaces by:

103.09 Practicing sanitary handling procedures; (K), and

104 The processor shall maintain hand washing, hand sanitizing and toilet facilities by:

104.01 Providing warm water at all locations for hand washing at a minimum temperature of 110°F 100°F dispensed from a hot and cold mixing or combination faucet; (K), and

105 The processor shall protect food and food contact surfaces from adulteration by:

105.03 Holding raw materials, other ingredients, and rework in bulk, or in containers designed and constructed so as to protect against contamination and held at such temperature and relative humidity and in such a manner as to prevent adulteration of the food; (SO/K), and

105.08 Performing mechanical manufacturing steps so as to protect food against contamination; (K), and

110 All operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging and storage of seafood saltwater crab products shall be conducted in accordance with the sanitation requirements as follows to ensure that:

110.01 Raw materials and other ingredients shall either not contain levels of microorganisms that may have the ability to produce poisoning or diseases in humans or they shall be pasteurized or otherwise treated to reduce levels; (K), and

110.05 All saltwater crab or saltwater crab product manufacturing, including packaging and storage of saltwater crab products, are is conducted under such conditions and controls as necessary to minimize the potential for growth of microorganisms, or for the contamination of the saltwater crab or saltwater crab product ; (S k/c), and

110.06 Saltwater crabs or sSaltwater crab products that can support the rapid growth of microbes are held in a manner that prevents adulteration by:

110.06.1 Maintaining refrigerated seafood saltwater crab products at 400F or below as appropriate for seafood involved; (C), and

110.07 Methods used to destroy or prevent the growth of undesirable microbes are adequate under the conditions of manufacturing, handling, and distribution to prevent adulteration; (K), and

110.09 Adulterated saltwater crabs or saltwater crab products are disposed of in a manner that protects other foods from contamination; (S k/c), and

112 The grounds about the certified facility under the control of the processor shall be kept in a condition that will protect against the contamination of food. The requirements for adequate maintenance of grounds include, but are not limited to:

112.01 Properly storing equipment, removing litter and waste, and cutting weeds or grass within the immediate vicinity of the facility that may constitute an attractant, breeding place, or harborage for pests. (O)

112.03 Adequately draining areas that may contribute contamination to food by seepage, foot-borne filth, or providing a breeding place for pests. (O)

112.05 If the plant grounds are bordered by grounds areas not under the operator’s control and these areas are not maintained in the manner described above, in an unsanitary condition, care shall be exercised in the plant by inspection, extermination, or other means to exclude pests, dirt, and filth that may be are a source of contamination. (O)

113 The plant building, fixtures, structures and other physical facilities facility requirements are:

114 Sanitary facilities and controls shall be such that:

114.04 Rubbish Garbage and offal are conveyed, stored, and disposed of to minimize potential for pest harborage or breeding, and protect against contamination of food, food contact surfaces, and water supply. (O)

Chapter 16 14 Enforcement

Chapter 17 15 Penalties

Chapter 18 16 Chapters and Subchapters Declared Separable

Chapter 19 17 Administrative Procedures Act

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