§ 46.249. Molluscan shellfish: original container.

 (a)  General requirement. Molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service. The two exceptions to this requirement are set forth in subsections (b) and (c).

 (b)  Exception: shellstock. Shellstock may be removed from the container in which they are received, displayed on drained ice or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if both of the following occur:

   (1)  The source of the shellstock on display is identified as specified in §  46.247 (relating to shellstock identification) and recorded as specified in §  46.250 (relating to shellstock: maintaining identification)

   (2)  The shellstock are protected from contamination.

 (c)  Exception: shucked shellfish. Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer’s request if both of the following apply:

   (1)  The labeling information for the shellfish on display as specified in §  46.246 (relating to receiving shucked shellfish: packaging and identification) is retained and correlated to the date when, or dates during which, the shellfish are sold or served.

   (2)  The shellfish are protected from contamination.