SECTIONS 5669-5675 - California Statutes

FISH AND GAME CODE

SECTION 5669-5675

5669. For purposes of this chapter, "shellfish" means any bivalve
mollusk.

5670. It is unlawful to take shellfish used or intended to be used
for human consumption from any area from which it shall be
determined, as provided in this article, that the taking of shellfish
does or may constitute a menace to the lives or health of human
beings.

5671. The State Department of Health Services may:
(a) Examine any area from which shellfish may be taken.
(b) Determine whether the area is subject to sewage contamination.
(c) Determine whether the taking of shellfish from the area does
or may constitute a menace to the lives or health of human beings.

5672. Upon the determination by the State Department of Health
Services that the area is or may be subject to sewage contamination,
and that the taking of shellfish from it does or may constitute a
menace to the lives or health of human beings, it shall ascertain as
accurately as it can the bounds of the contamination, and shall post
notices on or in the area describing its bounds and prohibiting the
taking of shellfish therefrom.
The taking of shellfish from the area is unlawful after the
completion of the publication of the notices as prescribed in this
article.

5673. The fact of posting the notices shall be published once a
week for four successive weeks in some newspaper of general
circulation published in the county in which the contaminated area is
situated, if there is such a newspaper, and if there is none, then
in such a newspaper published in an adjoining county.

5674. The State Department of Health Services shall enforce the
provisions of this article, and for that purpose the inspectors and
employees of that agency may enter at all times upon public or
private property upon which shellfish may be located.

5675. If examinations are conducted pursuant to this article for
purposes of certifying the quality of shellfish-growing waters,
certification of water quality shall be commenced within 30 days, and
completed within three months of the filing of an application by an
aquaculturist.