Transportation activities performed by a farm are not subject to the ST rule per the exclusion in the definition of “Transportation operations”. Therefore, if your entity meets the definition of a “farm” in 21 CFR 1.227, then the “transportation activities” it performs would not be subject to the rule. Please read Comment/Response # 79 for discussion on transportation activities performed by a farm. Non-farm carriers (for example, another party hired for transportation) are subject to this rule, unless they are non-covered or exempt. Please read Comment/Response # 83 for more information. Businesses that are appropriately certified and are inspected under the requirements established by the Interstate Shellfish Sanitation Conference’s National Shellfish Sanitation Program (NSSP), only when engaged in transportation operations involving molluscan shellfish in vehicles that are permitted by the State NSSP certification authority, are waived from the requirements of the ST rule. If seafood farms do not meet the requirements of the Waiver, then they are subject to the requirements of the ST rule. Please see comment/response 78.
