| (3) These records shall be provided to the dealer with the molluscan shell stock and shall be maintained as part of the dealer's records. (g) Any molluscan shellfish in the possession of a person holding a valid license issued by TPWD under Texas Parks and Wildlife Code, Chapter 47 or Chapter 76, shall be considered to be harvested for human consumption and offered for sale for food in Texas. (h) Harvesters shall: (1) be responsible for control of their molluscan shell stock until acceptance by a dealer; (2) sell their molluscan shell stock only to a currently certified shellfish dealer; (3) be required to deliver their molluscan shell stock to a dealer the same day the molluscan shell stock is harvested. Delivery of the molluscan shell stock means packing the molluscan shell stock into an approved container, transfer of the molluscan shell stock from the boat to a certified location, and acceptance of the molluscan shell stock by the dealer; and (4) be required to transport molluscan shell stock on ice or at air temperatures of 45 degrees Fahrenheit or less if the time from unloading the boat until the product is accepted by a dealer and placed under refrigeration at a certified location will exceed two hours. (i) If the harvester transports molluscan shell stock other than by boat to a certified location, the harvest boat captain must accompany the molluscan shell stock until acceptance by the dealer. (j) It is illegal for harvesters to sell molluscan shell stock directly to the public. |
