OLR Bill Analysis

HB 5795

AN ACT CONCERNING SHELLFISH WATER TESTING.

This bill requires the Department of Agriculture (DOAG) to authorize a municipal health department or similar agency to sample sea water for shellfish harvest classification when the municipality requests authorization in writing. Under current law, DOAG may enter into a memorandum of understanding (MOU) with a municipality to authorize this when the municipality requests it in writing. The MOU cannot (1) limit the geographic area where the municipality may collect samples or (2) be construed to prevent the municipality from collecting or processing samples to improve shellfish harvest water classification. The bill eliminates the MOU and applies these same requirements to DOAG's authorization.

Existing law requires (1) DOAG to provide the municipality with support, documentation, and training regarding record keeping and sample collection and transport, and (2) the municipality to train the employees or agents it designates to take the samples. The bill requires these functions to be performed within available resources.

EFFECTIVE DATE: Upon passage

BACKGROUND

By law, a municipality must collect and process shellfish in accordance with the National Shellfish Sanitation Program Model Ordinance.

COMMITTEE ACTION

Environment Committee

Joint Favorable

Yea

31

Nay

0

(03/18/2009)