WAC 246-282-006
Washington state Vibrio parahaemolyticus
control plan. (1) The Washington state Vibrio
parahaemolyticus control plan, also known as the control plan,
establishes harvest, temperature control, and transportation
requirements for oysters intended for raw consumption during
the months of May through September. This section does not
apply to shucked oyster meats labeled "for cooking only." The
requirements of this section are in addition to Chapter VIII
of the 2007 National Shellfish Sanitation Program Model
Ordinance (NSSP), Requirements for Harvesters, .03 Shellfish
Temperature, Control Option 2; and consists of:
(a) Time of harvest to temperature control based on the
growing area and month of the year;
(b) Harvest record requirements;
(c) Vibrio illness response requirements;
(d) Training requirements; and
(e) Hazard Analysis Critical Control Point (HACCP) plan
and harvest checklist requirements.
(2) All Puget Sound growing areas, including the Strait
of Juan de Fuca, are subject to the requirements of this
section. Growing areas in Grays Harbor and Willapa Bay where
oysters have been epidemiologically associated as the source
of any Vibrio parahaemolyticus illness are also subject to the
requirements of this section.
(3) The department may grant an annual exemption to the
control plan for Puget Sound growing areas, including the
Strait of Juan de Fuca, where there has been no
epidemiologically associated Vibrio parahaemolyticus illness
after review and approval of a written exemption request.
(a) The written exemption request must include the
following information:
(i) Name of the growing area;
(ii) Description of the harvesting methods;
(iii) Description of the temperature control methods; and
(iv) Description of the transportation methods.
(b) The department shall review the exemption request
within five business days of submittal.
(c) If approved, the licensed harvester or dealer shall
comply with the department-approved exemption.
(d) The department-approved exemption expires October 1
of the calendar year for which it is approved. If the growing
area is epidemiologically associated as the source of a Vibrio
parahaemolyticus illness at any time after approval of the
exemption, the department shall issue an order revoking the
exemption.
(4) Time of harvest to temperature controls are:
Table 1
Puget Sound Growing Areas
(including the Strait of Juan de Fuca):
Months of Control
Time of harvest to
Temperature Control
May
Twelve hours
June and September
Five hours
July and August
Four hours
Table 2
Coastal Growing Areas:
Months of Control
Time of harvest to
Temperature Control
July and August
Ten hours
(5) Licensed dealers and harvesters shall maintain
harvest records showing the time of harvest and the time
oysters are placed under temperature control to demonstrate
compliance with the control plan. If ownership of oysters is
transferred prior to the time that time of harvest to
temperature control requirements must be met, the licensed
dealer or harvester shall include in the harvest record date,
time, and person or entity to whom the oysters were
transferred. If the new owner is a licensed dealer, the
dealer shall meet the time of harvest to temperature control
requirements established in this section. The harvest times
begin as follows:
(a) Intertidal (exposed) time of harvest begins after the
first oysters to be harvested are exposed to the air by the
receding tide.
(b) Submerged time of harvest begins after the first
oysters harvested are exposed to the air and have been placed
onto a conveyance, such as a barge or boat. Submerged harvest
includes dredge harvesting or retrieval of harvest tubs, bags,
baskets, or other containers of oysters previously filled
which have been under water for a minimum of one hour for
coastal areas and four hours for Puget Sound growing areas.
(c) Temperature control is achieved when harvested
oysters are placed in a controlled environment with an ambient
temperature of 45°F (7.2°C) or less.
(6) All licensed harvesters and dealers in a growing area
shall reduce the time of harvest to temperature control as
defined in Table 1 or 2 of subsection (4) of this section by
one hour if oysters from the growing area:
(a) Are epidemiologically associated as the probable
source of two sporadic Vibrio parahaemolyticus illnesses; and
(b) Were harvested within thirty days of each other.
(7) A growing area shall be closed to harvest and
shipment of oysters intended for raw consumption throughout
the remainder of the control months for the calendar year when
the following conditions are met:
(a) Oysters from the growing area are epidemiologically
associated as the probable source of two additional sporadic
Vibrio parahaemolyticus illnesses;
(b) Oysters from the growing area were harvested in
compliance with the reduced time of harvest to temperature
control provisions of subsection (6) of this section; and
(c) Oysters from the growing area were harvested within
thirty days of the previous illnesses.
(8) If the two additional Vibrio parahaemolyticus
illnesses specified in subsection (7) of this section are
attributed to the same licensed harvester or dealer as the
first two illnesses, the department shall conduct an
investigation in accordance with the requirements as stated in
the 2007 NSSP, Chapter II, Risk Assessment and Risk
Management, to determine if the illnesses are the result of
harvester or dealer practices or are linked to the growing
area as the probable source. If the harvester or dealer
practices are reasonably likely to have caused the illnesses:
(a) The harvester or dealer shall retake the training
identified in subsection (12) of this section prior to renewal
of their next year's license;
(b) The department may take disciplinary action against
the harvester or dealer license; and
(c) The department will evaluate whether to associate the
illnesses with the growing area.
(9)(a) The department may grant an exemption to closure
identified in subsection (7) of this section if the licensed
harvester or dealer can demonstrate in a written exemption
request that an additional one hour reduction in the time of
harvest to temperature control as identified in subsection (6)
of this section can be successfully implemented. The written
exemption request must include the following information:
(i) Name of the growing area;
(ii) Description of the harvesting methods;
(iii) Description of the temperature control methods; and
(iv) Description of the transportation methods.
(b) The department shall review the request within five
business days of submittal.
(c) If approved, the licensed harvester or dealer shall
comply with the requirements of the department-approved
exemption throughout the remainder of the applicable control
months for the particular growing area.
(10)(a) If the required time of harvest to temperature
control period is not met, the licensed harvester or dealer
shall either:
(i) Destroy the oysters; or
(ii) Remove all oysters from containers, disperse them
within the original growing area, and allow a minimum of
twenty-four hours for purging before reharvesting.
(b) If the required time of harvest to temperature
control period is not met, the licensed harvester or dealer
shall record the disposition of the oysters on the harvest
record.
(11) In the event of a Vibrio parahaemolyticus illness
outbreak where oysters from a growing area are
epidemiologically associated as the source, the requirements
as stated in the 2007 NSSP, Chapter II, Risk Assessment and
Risk Management, shall apply.
(12) All licensed harvesters and dealers shall complete
an initial department-approved training specific to the
requirements of this section prior to harvesting or shipping
oysters intended for raw consumption during the months of May
through September. All licensed harvesters and dealers shall
complete department-approved refresher training following any
revision of this section considered significant under RCW 34.05.328. Licensed harvesters and dealers who complete the
training shall provide the training to those responsible for
the on-site management of harvest activities for their
operation, and document the training for responsible employees
in their operational records.
(13) Following completion of the training required in
subsection (12) of this section:
(a) All licensed harvesters planning to harvest oysters
intended for raw consumption from May through September shall
develop a harvest plan that describes the harvest, temperature
control, and transportation methods that meet the requirements
of subsections (4) and (6) of this section. Licensed
harvesters shall obtain department approval of the harvest
plan prior to harvesting oysters for raw consumption.
(b) All licensed dealers planning to harvest oysters
intended for raw consumption from May through September shall
amend their Hazard Analysis Critical Control Point (HACCP)
plans to define the harvest, temperature control, and
transportation methods that meet the requirements of
subsections (4) and (6) of this section. Licensed dealers
shall obtain department approval of the amended HACCP plan
prior to harvesting oysters for raw consumption.