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PFPriority Foundation · FDA Food Code 3-203.12 · 10 days (Priority Foundation)

How to fix: Shellfish Tags Not Retained

Tags identifying the harvest source of shellfish (oysters, clams, mussels, scallops) were missing, incomplete, or not kept for the required 90 days.

What this violation means

FDA Food Code 3-203.12 requires that shellstock identification tags remain attached to the container until the shellfish is used, and that the tag be kept on file for 90 days after the last shellfish from that container is sold or served. Shellfish tagging is the primary traceability tool used during foodborne illness outbreaks linked to shellfish. Without tags, public health officials cannot trace contaminated shellfish back to a harvest bed to prevent further illness. Inspectors check that tags are present, attached, and filed — and that the date the container was emptied is written on each tag.

Step-by-step: how to fix this before re-inspection

1Check all current shellfish containers and confirm tags are attached and complete
2Write the date the last shellfish was removed on each tag before filing
3Create a shellfish tag file organized chronologically and keep it for 90 days from the date of last use
4Train receiving staff to never discard shellfish tags when breaking down deliveries
5Post a reminder at the receiving area: "Shellfish tags must be kept 90 days after use"

What the inspector rechecks at re-inspection

WHAT THE INSPECTOR CHECKS

Inspectors do not just look at the surface. For this violation, expect them to verify:

☐Checks that shellfish tags are attached to the original container and have not been removed
☐Verifies the date the last shellfish was used is recorded on each tag
☐Confirms a 90-day file of shellfish tags is maintained in chronological order
☐Reviews tags for required information: harvest location, harvest date, dealer certification number
☐Asks kitchen staff where tags are stored and how they track them

How to prevent this violation from recurring

Designate a binder or folder specifically for shellfish tags, stored in a consistent location
Include shellfish tag verification in your receiving checklist
Audit tags monthly to remove those past the 90-day retention window

Related violations to check

Food from Unapproved Source→Date Marking of Ready-to-Eat Food→Food Not Covered or Protected→
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This document is for informational purposes only. It is not legal advice and does not guarantee a passing re-inspection score. Always verify requirements with your local health department. Fix steps are based on FDA Food Code 3-203.12; individual jurisdictions may have additional requirements.

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