(a)
(1)
The department shall only authorize the evisceration of Dungeness crab or rock crab pursuant to this article by a processor that is licensed pursuant to Article 2 (commencing with Section 110460) and that has a Hazard Analysis Critical Control Point plan approved by the department for handling and preparing eviscerated crab.
(2)
The department shall collect from a processor a fee of three hundred fifty dollars ($350) for the cost of reviewing the processor’s Hazard Analysis Critical Control Point plan for handling and preparing eviscerated crab. This fee shall not exceed the cost of reviewing the Hazard Analysis Critical Control Point plan and shall be adjusted pursuant to Section 100425. All moneys collected by
the department from this fee shall be deposited in the Food Safety Fund established pursuant to Section 110050 for expenditure by the department, upon appropriation by the Legislature, for the costs of reviewing Hazard Analysis Critical Control Point plans for handling and preparing eviscerated crab.
(3)
The department shall establish requirements for labeling eviscerated crab to identify harvest location, harvest date, or lot code, or any combination of these things.
(4)
The department shall require the processor to maintain written recall procedures.
(b)
(1)
The department shall consult with the Dungeness crab task force established pursuant to Section 8276.4 of the Fish and Game Code or a successor task force or committee to establish the criteria for the manufacture, sale, delivery, holding,
or offering for sale of Dungeness crab or rock crab that is subject to Section 111224.5.
(2)
The Dungeness crab or rock crab criteria established under this subdivision shall become effective by operation of law as a regulation adopted under this article 90 days after the department publishes the notice required by paragraph (3).
(3)
The department shall publish a notice in the California Regulatory Notice Register of the department’s proposed Dungeness crab or rock crab criteria. The notice shall include the proposed text and justification for the addition, change, or deletion of the Dungeness crab or rock crab criteria to allow public comment. The department shall consider the public comments.
(c)
This section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
