OAR 603-025-0426: Crab Harvested Outside Oregon in an Area that Would Be a Biotoxin Management Zone, if in Oregon

(1) Application. This rule applies only to Dungeness crab (Cancer magister or Metacarcinus magister) harvested and sold for commercial purposes that: (a) Contains viscera, whole or in part; (b) Is not harvested in waters of this state or the Pacific Ocean off Oregon; (c) Is harvested from an area in which crab viscera samples that were tested under the authority of the responsible state agency showed domoic acid levels of 30 ppm or higher; and (d) Is sold into, or otherwise enters, Oregon. (2) Definitions. The definitions in OAR 603-025-0410 apply to this rule, except for the definition of “crab” in OAR 603-025-0410(2)(c). (3) Prohibitions. (a) It is prohibited to sell, offer for sale, deliver or donate crab described in section (1) of this rule unless: (A) The crab is conveyed or sold to a food processing establishment licensed by ODA or to a licensed food processor that eviscerates and processes crab consistent with subsection (3)(d); or (B) The crab is conveyed or sold to a wholesaler that in turn sells all crab subject to these rules to a food processor that is licensed by ODA or to a licensed processor. (b) In no case may uneviscerated crab be conveyed, sold or donated to retailers or directly to consumers unless it is processed as described in subsection (3)(c). (c) Food processors or wholesalers are prohibited from selling or offering for sale to retailers or to consumers crab as described in this section unless: (A) The licensed processor conducts its activities consistent with a seafood HACCP plan; and (B) The crab is eviscerated. (d) If section (1) of this rule accurately describes any of the landed crab in a landing from a fishing vessel, the entire landing shall be subject to the requirements of this section. Landings for which the harvest location is unspecified shall be subject to the requirements of this section. Failure of a producer or wholesaler to notify processors that crab originated from an area in which domoic acid levels in viscera were 30 ppm or higher and therefore must be processed consistent with this section before it is donated, held, offered for sale or sold to consumers will be considered a violation of ORS 616.215(1). (4) Penalties. Whenever it is found that any crab described in this rule is sold, offered for sale, or donated to any person in a manner that is inconsistent with this rule, the crab is considered adulterated food, and the holding, or offering for sale of crab is prohibited as provided in ORS 616.215(1). If any person violates this rule, ODA may proceed with any lawful remedy including: (a) Seeking the district attorney to institute proceedings in the proper courts to be prosecuted in the manner required by law; (b) Enjoining violations of law in a summary proceeding; (c) Embargo, seizure or detention consistent with the provisions of ORS 561.605 – 630; (d) Civil penalties up to $10,000 for each violation as provided in ORS 616.997.