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DIVISION 104. ENVIRONMENTAL HEALTH 106500-119406›PART 7. CALIFORNIA RETAIL FOOD CODE 113700-114437›CHAPTER 4. General Food Safety Requirements 113980-114094.5›ARTICLE 4. Receipt of Food 114035-114041

§ 114039.3

California Health and Safety Code · 2018-11 edition · updated 2026-10-04 · California

(a) Except as specified in subdivisions (b) and (c), molluscan shellfish shall not be removed from the container in which they are received other than immediately before sale or preparation for service.

(b) Shellstock may be removed from the container in which they are received and displayed on drained ice or held in a display container. A quantity specified by a consumer may be removed from the display or display container and provided to the consumer if the source of the shellstock on display is identified as specified under Section 114039.1 and recorded as specified under Section 114039.4 and the shellstock are protected from contamination.

(c) 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 the labeling information for the shellfish on display as specified under Section 114039 is retained and correlated to the date when, or dates during which, the shellfish are sold or served and the shellfish are protected from contamination.

(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)

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California Health and Safety Code

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