“Shellfish" includes all species of native and nonnative raw oysters, clams, mussels and whole scallops, either fresh or frozen, and either shucked or in-the-shell.
Shellfish have several specific requirements in the California Retail Food Code related to packaging, identification, condition, tags, and tanks. These requirements can be found in section 114039-114039.5 of the California Retail Food Code
Shellfish Tags
When purchasing live shellfish, a copy of the original shellfish tag must be obtained and kept for 90 days by the restaurant owner/operator. Similarly, restaurants/markets that sell portions of shellfish bags must provide a copy of the original shellfish tag to their customers. The original tag must stay with the original shellfish bag. (California Retail Food Code Section 114039). The reason for this is so that if a shellfish-borne disease outbreak occurs, the tag information can be used to trace the shellfish source quickly and expedite the investigation and regulatory action is required by law.
Seasonal Restriction
In addition to the year round requirements, there is a seasonal restriction on raw gulf oysters. Title 17 of the California Code of Regulations, Section 13675, establishes the requirements for the sale of raw oysters harvested from the states bordering the Gulf of Mexico (Alabama, Florida, Louisiana, Mississippi and Texas).
There are restrictions on the sale of oysters from the Gulf of Mexico. The following are the three major provisions of this section:
- The sale of raw, untreated Gulf oysters harvested from April 1 to October 31 is restricted in California.
- Gulf oysters that have been subjected to a validated treatment process are exempted from the restrictions. Treatment processes are required to be verified by the CA Department of Public Health (CDPH) to reduce Vibrio vulnificus to non-detectable levels.
- Warning signs in English and Spanish shall be posted if untreated raw Gulf oysters are sold to consumers between November 1 and March 31. Gulf Oyster Warning Sign
Food facilities that serve or offer for sale treated Gulf Oysters must have on file a current copy of their shellfish supplier's certificate of “Verification of Oyster Treatment Process" from the CDPH.
Additional information can be obtained by consulting the California Department of Public Health website.
Sport Harvested Mussel Quarantine
Sport Harvested Mussels are subject to an annual quarantine due to dangerous levels of biotoxins that may be present in mussels gathered by the public anywhere on the California coast, including bays, inlets and harbors. The quarantine applies only to sport-harvested mussels. The annual mussel quarantine is in place to protect the public against paralytic shellfish poisoning (PSP) and domoic acid poisoning (DAP), also known as Amnesic Shellfish Poisoning. There are no known antidotes to the toxins found in mussels. Cooking does not reliably destroy the toxins.
The annual quarantine is normally in effect from May 1 through October 31.
Commercially grown mussels from certified companies are not included in the quarantine.
For additional information about the mussel quarantine: CDPH Annual Mussel Quarantine FAQ
