Background and Purpose

The National Shellfish Sanitation Program (NSSP) is a program under the U.S. Food and Drug Administration (FDA) to promote the sanitary control of molluscan shellfish produced, harvested and sold for human consumption. The Interstate Shellfish Sanitation Conference (ISSC), comprised of representatives of the federal government, the states and industry, reviews, revises and updates the NSSP as needed. The NSSP has established a Model Ordinance (MO), which is updated on a biannual basis. The MO sets forth stringent guidelines addressing the harvest, handling, transportation and sale of shellfish to ensure that risks to public health associated with the consumption of shellfish are avoided. To safeguard public health and to allow for shellfish produced, harvested and sold for consumption to enter interstate commerce, states must manage commercial shellfisheries in a manner that conforms to the NSSP’s MO. The actions required by the MO include, but are not limited to: establishing shellfish growing area classifications and subsequent restrictions on the harvest of contaminated shellfish; adopting best practices for the harvest, handling and transport of shellfish to minimize the risk of foodborne illness; establishing a framework that provides for the expeditious recall of nonconforming shellfish product; addressing risks associated with Vibrio parahaemolyticus; describing the conditions bywhich contaminated shellfish harvest may be conducted; and managing marine biotoxin events. The Division of Marine Fisheries manages its shellfish resources and commercial shellfish fisheries in strict conformity with the NSSP’s MO. The Division has adopted the provisions of the MO in regulations at 322 CMR 16.00 to provide notice to the public of the comprehensive requirements applicable to the safe management of commercial shellfisheries and give the Division, through the Massachusetts Environmental Police, the authority to enforce against violations of 322 CMR 16.00. 322 CMR 16.00 also serves to safeguard public health, maintains consumer confidence and promotes the state’s shellfish fisheries. The Division also manages the states shellfish resources and shellfisheries to enhance the propagation of naturally occurring populations, reduce the risk of spreading veterinary diseases, protect important fisheries habitat (e.g., eel grass), and promote commercial shellfisheries. To these ends, 322 CMR 16.00 establishes minimum sizes, shellfish management areas and related best practices.