Purification Of Mollusks - Pollution - Fish And Game Code - CA

Section § 5700

This law allows for the collection of native and nonnative mollusks in specified districts to be moved to different locations for purification so they can be safely eaten. However, they must first be approved as safe for human consumption by the State Department of Public Health. The rules set by the commission can cover restrictions like how many can be collected, how they are gathered, and how they can be used by the public.

(a) Notwithstanding Sections 5670, 5672, 8341, and 9050, native and nonnative mollusks may be taken in Districts 12 and 13 and moved to other areas to be purified for human consumption under rules and regulations established by the commission. Those regulations may include, but are not limited to, bag limits, methods of harvest, and provisions for public use.

(b) Mollusks taken under this section shall not be used for human consumption unless that use is approved by the State Department of Public Health.

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Section § 5701

This law allows the State Department of Public Health to perform or use sanitary surveys of areas where mollusks (like clams and oysters) are grown. The purpose is to determine whether these areas are suitable for harvesting mollusks that need purification before people can eat them. To effectively implement this, the department must establish rules and regulations.

(a) The State Department of Public Health may make sanitary surveys of mollusk-growing areas or may use sanitary surveys of mollusk-growing areas made by qualified state or county agencies, and based on that information may classify those areas for purposes of harvesting and moving mollusks that are to be purified for human consumption in accordance with Section 5700.

(b) The State Department of Public Health shall adopt rules and regulations necessary to implement this section.

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Section § 5701.5

This law states that if the California State Department of Public Health examines water quality to certify shellfish-growing areas, they must start the certification process within 30 days and finish it within six months after the aquaculturist applies.

If examinations are conducted by the State Department of Public Health pursuant to this article for purposes of certifying the quality of shellfish-growing waters, certification of water quality shall be commenced within 30 days and completed within six months of the filing of an application by an aquaculturist.

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Section § 5702

If you move native mollusks from Districts 12 and 13 in California to purify them for people to eat, you have to pay a royalty fee. This fee is at least two cents per pound of the mollusks.

Any person who moves any native mollusks taken under regulations of the commission from Districts 12 and 13 for purposes of purification for human consumption shall pay a royalty, as the commission may prescribe, of not less than two cents ($0.02) per pound of mollusks so taken.

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