For purposes of this chapter, “shellfish” means any bivalve mollusk.
PollutionShellfish Area Contamination
Section § 5669
This part of the law defines the term 'shellfish' to specifically mean any kind of bivalve mollusk.
shellfish definition bivalve mollusk mollusk classification
Section § 5670
This law makes it illegal to harvest any shellfish from areas that are deemed dangerous to human health. If an area is determined to pose a threat because of the shellfish there, those shellfish cannot be collected for people to eat.
It is unlawful to take shellfish used or intended to be used for human consumption from any area from which it shall be determined, as provided in this article, that the taking of shellfish does or may constitute a menace to the lives or health of human beings.
shellfish harvesting human consumption health risk
Section § 5671
The State Department of Public Health is allowed to inspect areas where shellfish are collected. They can check to see if these areas are polluted by sewage and whether harvesting shellfish from these spots could threaten people's health or safety.
The State Department of Public Health may:
(a)CA Fish And Game Code § 5671(a) Examine any area from which shellfish may be taken.
(b)CA Fish And Game Code § 5671(b) Determine whether the area is subject to sewage contamination.
(c)CA Fish And Game Code § 5671(c) Determine whether the taking of shellfish from the area does or may constitute a menace to the lives or health of human beings.
shellfish inspection sewage contamination public health risk
Section § 5672
If the State Department of Public Health decides an area might be contaminated by sewage, and collecting shellfish there could harm people's health, it will figure out the contaminated area's boundaries. Then, they will post signs around the area showing these boundaries and banning shellfish collection.
Taking shellfish from that area becomes illegal once these notices are put up.
Upon the determination by the State Department of Public Health that the area is or may be subject to sewage contamination, and that the taking of shellfish from it does or may constitute a menace to the lives or health of human beings, it shall ascertain as accurately as it can the bounds of the contamination, and shall post notices on or in the area describing its bounds and prohibiting the taking of shellfish therefrom.
The taking of shellfish from the area is unlawful after the completion of the publication of the notices as prescribed in this article.
sewage contamination shellfish collection public health warning
Section § 5673
This law section mandates that when notices are posted about a contaminated area, they must be published once a week for four weeks in a newspaper that circulates generally in the county where the area is located. If no such newspaper exists in that county, the notices should appear in a neighboring county's newspaper.
The fact of posting the notices shall be published once a week for four successive weeks in some newspaper of general circulation published in the county in which the contaminated area is situated, if there is such a newspaper, and if there is none, then in such a newspaper published in an adjoining county.
contaminated area notices newspaper publication four successive weeks
Section § 5674
This law allows inspectors and employees from the State Department of Public Health to go onto any public or private property to ensure compliance with laws related to shellfish. They have the authority to enter these properties at any time.
The State Department of Public Health shall enforce the provisions of this article, and for that purpose the inspectors and employees of that agency may enter at all times upon public or private property upon which shellfish may be located.
State Department of Public Health enforcement shellfish
Section § 5675
When tests are done to check the quality of water where shellfish are grown, certification should begin within 30 days of an aquaculturist applying, and the whole process must be finished within three months.
If examinations are conducted 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 three months of the filing of an application by an aquaculturist.
shellfish-growing waters water quality certification aquaculture applications
