Code Section Group

Health and Safety Code - HSC

DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406]

  ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. )

PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.4]

  ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. )

CHAPTER 5. Food [110425 - 111224.6]

  ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. )

ARTICLE 15. Eviscerated Crab [111224 - 111224.6]
  ( Article 15 added by Stats. 2021, Ch. 757, Sec. 10. )

111224.
  

For purposes of this article, the following terms have the following meanings:

(a) “Eviscerate” or “evisceration” means the processor’s action of removing and discarding the entire intestinal tract, hepatopancreas, and all associated abdominal organs in accordance with this article.

(b) “Eviscerated crab” means Dungeness crab or rock crab in which the viscera have been removed in accordance with regulations adopted pursuant to this section.

(c) “Hazard Analysis Critical Control Point plan” means a hazard analysis critical control point plan as described in Section 123.6 of Title 21 of the Code of Federal Regulations or a successor federal definition.

(d) “Processor” means any person engaged in commercial, custom, or institutional processing of fish or fishery products in California, in another state, or in a foreign country. A processor includes any person engaged in the production of foods that are to be used in market or consumer tests.

(Added by Stats. 2021, Ch. 757, Sec. 10. (SB 80) Effective October 9, 2021.)

111224.5.
  

The department shall issue an order authorizing the evisceration of Dungeness crab or rock crab pursuant to this article if the domoic acid for Dungeness crab or rock crab exceeds the allowable levels for viscera in a specified area, when all of the following criteria exist:

(a) The Director of Fish and Wildlife has closed waters or otherwise restricted the take of Dungeness crab or rock crab for commercial purposes pursuant to Section 5523 of the Fish and Game Code due to the viscera of the Dungeness crab or rock crab exceeding the allowable levels of domoic acid.

(b) The department has determined the viscera of the Dungeness crab or rock crab exceed the allowable levels of domoic acid.

(c) The department has determined the corresponding meat of the Dungeness crab or rock crab does not exceed the allowable levels of domoic acid.

(Added by Stats. 2021, Ch. 757, Sec. 10. (SB 80) Effective October 9, 2021.)

111224.6.
  

(a) (1) The department shall only authorize the evisceration of Dungeness crab or rock crab pursuant to this article by a processor that is licensed pursuant to Article 2 (commencing with Section 110460) and that has a Hazard Analysis Critical Control Point plan approved by the department for handling and preparing eviscerated crab.

(2) The department shall collect from a processor a fee of three hundred fifty dollars ($350) for the cost of reviewing the processor’s Hazard Analysis Critical Control Point plan for handling and preparing eviscerated crab. This fee shall not exceed the cost of reviewing the Hazard Analysis Critical Control Point plan and shall be adjusted pursuant to Section 100425. All moneys collected by the department from this fee shall be deposited in the Food Safety Fund established pursuant to Section 110050 for expenditure by the department, upon appropriation by the Legislature, for the costs of reviewing Hazard Analysis Critical Control Point plans for handling and preparing eviscerated crab.

(3) The department shall establish requirements for labeling eviscerated crab to identify harvest location, harvest date, or lot code, or any combination of these things.

(4) The department shall require the processor to maintain written recall procedures.

(b) (1) The department shall consult with the Dungeness crab task force established pursuant to Section 8276.4 of the Fish and Game Code or a successor task force or committee to establish the criteria for the manufacture, sale, delivery, holding, or offering for sale of Dungeness crab or rock crab that is subject to Section 111224.5.

(2) The Dungeness crab or rock crab criteria established under this subdivision shall become effective by operation of law as a regulation adopted under this article 90 days after the department publishes the notice required by paragraph (3).

(3) The department shall publish a notice in the California Regulatory Notice Register of the department’s proposed Dungeness crab or rock crab criteria. The notice shall include the proposed text and justification for the addition, change, or deletion of the Dungeness crab or rock crab criteria to allow public comment. The department shall consider the public comments.

(c) This section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(Added by Stats. 2021, Ch. 757, Sec. 10. (SB 80) Effective October 9, 2021.)

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