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 Virginia Administrative Code (Last Updated: January 10, 2017)
 Title 2. Agriculture
 Agency 5. Department of Agriculture and Consumer Services
 Chapter 585. Retail Food Establishment Regulations

  Section 430. Molluscan shellfish; original container  

Latest version.

  • A. Except as specified in subsections B through D of this section, molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service.

    B. For display purposes, shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:

    1. The source of the shellstock on display is identified as specified under 2VAC5-585-410 and recorded as specified under 2VAC5-585-440; and

    2. The shellstock are protected from contamination.

    C. Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request if:

    1. The labeling information for the shellfish on display as specified under 2VAC5-585-400 is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

    2. The shellfish are protected from contamination.

    D. Shucked shellfish may be removed from the container in which they were received and repacked in consumer self-service containers where allowed by law if:

    1. The labeling information for the shellfish is on each consumer self-service container as specified under 2VAC5-585-400 and 2VAC5-585-900 A and B 1 through 5;

    2. The labeling information as specified under 2VAC5-585-400 is retained and correlated with the date when, or dates during which, the shellfish are sold or served;

    3. The labeling information and dates specified under subdivision 2 of this subsection are maintained for 90 days; and

    4. The shellfish are protected from contamination.

Historical Notes

Derived from Volume 24, Issue 02, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 07, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.