§ 46.589. Molluscan shellfish tanks.

 (a)  General. Except as specified in subsection (b), molluscan shellfish life support system display tanks may not be used to display shellfish that are offered for human consumption and shall be conspicuously marked so that it is obvious to the consumer that the shellfish are for display only.

 (b)  Exception. Molluscan shellfish life-support system display tanks that are used to store and display shellfish that are offered for human consumption shall be operated and maintained in accordance with the following:

   (1)  A variance granted by the Department in accordance with the procedure described in §  46.1103(a) (relating to variances).

   (2)  An HACCP plan that is submitted by the food facility operator and approved as specified in §  46.1103(b), ensuring the following:

     (i)   Water used with fish other than molluscan shellfish does not flow into the molluscan tank.

     (ii)   The safety and quality of the shellfish as they were received are not compromised by the use of the tank.

     (iii)   The identity of the source of the shellstock is retained as specified in §  46.250 (relating to shellstock: maintaining identification).

   This section cited in 7 Pa. Code §  46.501 (relating to acceptability of food equipment certified or classified for sanitation by an ANSI-accredited certification program); 7 Pa. Code §  46.671 (relating to equipment: good repair and proper adjustment); 7 Pa. Code §  46.691 (relating to utensils and temperature and pressure measuring devices: repair and calibration); and 7 Pa. Code §  46.1122 (relating to HACCP plans).