CHAPTER 5. Sanitary Control of Shellfish

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

§§ 112150–112280 · 27 sections

1. ARTICLE 1. Declaration of Policy and Definitions §§ 112150–112155 · 2 sections

   • § 112150 The Legislature finds and declares that the public health interest requires that the people of this state be protected from adulterated shellfish grown and…
   • § 112155 Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter. (a) “Shellfish” means native or…
2. ARTICLE 2. General Requirements §§ 112160–112230 · 15 sections

   • § 112160 (a) The director may declare any area within the jurisdiction of this state to be a closed area if it is determined that shellfish taken from the growing area…
   • § 112165 (a) The department shall adopt regulations regarding all of the following: (1) The classification and minimum requirements for growing and harvesting areas,…
   • § 112170 (a) The director, or the director’s duly authorized agent, shall conduct sanitary surveys of any shellfish growing water as deemed necessary to assure each of…
   • § 112175 It is unlawful for any person to engage in commercial shellfish cultivation or the harvesting for human consumption of shellfish from naturally occurring…
   • § 112180 The director, or the director’s duly authorized agent, may, at any reasonable hour of the day, do any of the following: (a) Enter and inspect any facility or…
   • § 112185 It is unlawful for any person to take, sell, offer, or hold for sale any shellfish from an area declared by the director to be unsuitable for harvesting for…
   • § 112190 It is unlawful for any person to sell, offer, or hold for sale any shellstock or shucked shellfish that has not been harvested from a growing area which has…
   • § 112195 It is unlawful for any person to sell, offer, or hold for sale any shellstock or shucked shellfish that has not been handled and packaged in accordance with…
   • § 112200 It is unlawful for any person to sell, offer, or hold for sale any shellfish where the facilities for packaging and handling of the shellfish do not comply…
   • § 112205 It is unlawful for any person to operate a shellfish plant engaged in the handling and packaging of shellfish, either shucked or in the shell, without a valid…
   • § 112210 It is unlawful for any person to sell, offer, or hold for sale any shellstock or shucked shellfish without a label that bears a valid certificate number and is…
   • § 112215 It is unlawful for any person to sell, offer, or hold for sale any shellfish not in a container bearing a valid certificate number from a state or a nation…
   • § 112220 The provisions of Sections 112210 and 112215, with respect to labeling requirements, shall not apply to any of the following: (a) Shellstock held in dry…
   • § 112225 Any shellfish that are held or offered for sale at retail or for human consumption, and that have not been handled and packaged in accordance with the…
   • § 112230 The director may suspend or revoke any certificate issued pursuant to this chapter for any violation of this chapter or the regulations adopted pursuant…
3. ARTICLE 3. Fees § 112235 · 1 section

   • § 112235 The department shall charge and collect a fee for each certificate issued. The amount of the fee shall be established by regulation.
4. ARTICLE 4. Penalties §§ 112240–112245 · 2 sections

   • § 112240 Any person who willfully violates any provision of this chapter, or any regulation adopted pursuant to this chapter, is guilty of a misdemeanor and shall, if…
   • § 112245 One-half of all fines collected by any court or judge for any violation of any provision of this chapter shall be paid into the State Treasury to the credit of…
5. ARTICLE 5. Proceedings §§ 112250–112280 · 7 sections

   • § 112250 (a) The Attorney General, any district attorney, or any city attorney to whom the department reports any violation of this chapter shall begin appropriate…
   • § 112255 The department is not required to institute proceedings under this chapter for minor violations of this chapter, if the department believes that the public…
   • § 112260 When the state asserts a violation of this chapter, the state need not negate any exemption or exception from the requirements of this chapter in any pleading,…
   • § 112265 (a) Except to the extent otherwise provided in Section 112160 and subdivision (e) of Section 112180, or when a violation is asserted pursuant to Section…
   • § 112270 In lieu of administrative proceedings pursuant to Section 112265, the department may proceed under Section 119940.
   • § 112275 A person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision or order is entitled to…
   • § 112280 All regulations applicable to this chapter, and currently in effect at the time this chapter takes effect, shall remain in effect until the department adopts…