Department of Health Closures Sample Clauses

Department of Health Closures. The Washington Department of Health may close shellfish beds judged not to meet the sanitation standards of Chapter 69.30 RCW and Chapter 246-282 WAC. Purchaser shall observe those closures. If geoduck are harvested from shellfish beds deemed not to meet sanitation standards by the Washington Department of Health, the geoduck so harvested shall be recalled. Unless otherwise directed by DNR, in the event of a recall under this Section 11(a), Purchaser shall transfer the recalled geoduck to DNR if the geoduck remain within an area in which DNR, in DNR’s sole determination, has the capacity to exercise control over the recalled geoduck. If the geoduck are no longer within an area in which DNR has the capacity to exercise control, the Washington Department of Health shall have control over the recalled geoduck and Purchaser shall follow the direction of the Washington Department of Health with regard to disposal of the recalled geoduck. At the time that DNR takes possession of geoduck pursuant to this section, title to any such recalled geoduck shall revert to DNR and DNR may process, use, or otherwise dispose of the geoduck. In the event of a recall by the Washington Department of Heath, Purchaser’s sole remedy shall be a refund in accordance with Section 11(d) of this Agreement.