In the frame of the SEAFOODTOMORROW project, a methodology for PSP elimination from bivalve molluscs (mussels, clams and scallops) in processing industries has been developed, based on an already approved protocol at European Union (Decision 96/77/EC ) intended to eliminate these toxins in a particular species, the giant cockle Acanthocardia tuberculata. This protocol would allow the exploitation of molluscs with toxin concentration above the legislated level leading to a safe final product. Nevertheless, this protocol can not be immediately used by the processing industry, since when PSP level exceed the legislated limit, molluscs production areas are closed by competent authorities, and mollusc harvesting is banned. A legislative proposal regulating the conditions for harvesting and processing molluscs containing PSP concentrations above the legislated levels is presented.