Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter. (a) âShellfishâ means native or nonnative bivalve mollusks, which include oysters, rock scallops, clams, and mussels, either fresh or frozen, and either shucked or in the shell. (b) âShellstockâ means shellfish which remain in their shells. (c) âGrowing areaâ means any offshore ocean, coastal estuarine, or freshwater area that may be classified by the department for natural shellfish growth or artificial shellfish propagation and includes open seawater systems. (d) âApproved areaâ means a shellfish-growing area not adversely affected by sewage or other wastes. (e) âConditionally approved areaâ means a shellfish-growing area that may be occasionally affected by sewage or other wastes. (f) âProhibited areaâ means a shellfish-growing area not certified because of its proximity to a waste discharge or because the area is influenced by other detrimental environmental factors. (g) âRestricted areaâ means a shellfish-growing area subjected to a limited degree of pollution which makes it unsafe to harvest shellfish for direct marketing but where harvesting for relaying or depuration may be permitted. (h) âOther wastesâ means wastes, such as, but not limited to, animal, industrial, radiological, and agricultural wastes which would render shellfish unsafe or unfit for human consumption. (i) âDepartmentâ means the State Department of Health Services. (j) âDirectorâ means the State Director of Health Services. (k) âPersonâ includes any individual, partnership, corporation, limited liability company, and association. ( l ) âClosed areaâ means an area that the shellfish taken therefrom have been declared to be unsafe or unfit for human consumption.
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