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Part IX.  Marine and Fresh Water Animal Food Products

Chapter 1.Shellfish Growing Areas

§101.Definitions [formerly paragraph 9:001]

A.Unless otherwise specifically provided herein, the following words and terms used in this Part of the Sanitary Code, and all other Parts which are adopted or may be adopted, are defined for the purposes thereof as follows.

* * *

Certified Dealer—a person who has been registered with and certified by the Office of Public Health to be a dealer.

* * *

Dealer—a person engaged in the purchasing, storing, shipping, and selling of seafood.

* * *

Marine and Freshwater Animal Food Products—any food products used as food for human consumption which are made from or contains fish, shellfish, edible crustaceans, or any other animal whose normal life span, in whole or part, is spent in fresh, brackish or salt water.

* * *

Shellstock—live molluscan shellfish in the shell.

* * *

AUTHORITY NOTE:The first source of authority for promulgation of the sanitary code is in R.S. 36:258.B, with more particular provisions found in Chapters 1 and 4 of Title 40 of the Louisiana Revised Statutes. This Part is promulgated in accordance with the specific provisions of R.S. 40:4.A(1), R.S. 40:5.3.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1289 (June 2002), amended LR 28:1591 (July 2002), LR 31:2895 (November 2005), LR 34:2175 (October 2008).

§145.Permit Required for Transplanting [formerly paragraph 9:004-2]

A. - A.5.

6.Only two leases in the restricted area and approved bedding area, each pre-approved by the Department of Health and Hospitals, shall be utilized in the transplanting of shellfish.
a.Shellfish transplanted from a restricted area of a public oyster seed ground will be allowed at the discretion of the Louisiana Department of Wildlife and Fisheries (LDWF) only during the open oyster season. Shellstock from the public oyster seed ground will be allowed to be bedded on only two approved leases which will be pre-approved by the Department of Health and Hospitals. Transplanting from a public oyster seed ground area shall be for the purpose of moving the live oyster resource. The removal of excessive amounts of non-living reef material in transplant loads shall result in the forfeiture of transplant permit and/or the closure of the public oyster seed ground area to transplanting. Permit-holders shall allow on-board inspection and sampling of transplant loads by the LDWF.
7. - 12.

AUTHORITY NOTE:Promulgated in accordance with R.S. 40:4.A.(1), R.S. 40:5 (2)(3)(5)(7)(15), and R.S. 40:5.3.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1300 (June 2002), amended by the Department of Health and Hospitals, Office of Public Health, Center for Environmental Health Services, LR 34:445 (March 2008), LR 34:2175 (October 2008).

Chapter 3.Preparation and Handling of Seafood for Market

§321.Shipping Shell-Stock Requirements [formerly paragraph 9:047]

A. - D.

E.If shellstock is received either "sacked or in boxes" from a certified dealer and is not processed or repacked in any form, the product when reshipped to another certified dealer, wholesaler, or retailer, must have a label attached to the package, bearing the name and certification number of the original shipping firm.

F.Bulk labeling of shellstock in sacks will be accepted for sales between certified dealers.

AUTHORITY NOTE:Promulgated in accordance with R.S. 40:4.A.(1), R.S. 40:5(2)(3)(5)(7)(15), and R.S. 40:5.3.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1307 (June 2002), amended by the Department of Health and Hospitals, Office of Public Health, Center for Environmental Health Services, LR 34:445 (March 2008), LR 34:2175 (October 2008).

§327.Refrigeration of Shell-Stock Oysters, Clams and Mussels [formerly paragraph 9:052]

A. - C.

D.Once shellstock is off-loaded from a harvest vessel to an oyster cargo vessel, oysters must be placed under mechanical refrigeration at a time not to exceed the original harvesters Time-Temperature Matrix.

AUTHORITY NOTE:Promulgated in accordance with R.S. 40:4.A.(1), R.S. 40:5.3., and the FDA/CFSAN & ISSC Model Ordinance IX, 2003.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1308 (June 2002), amended LR 31:2896 (November 2005), LR 34:2175 (October 2008).

§329.Refrigeration Requirements for Shell-Stock Harvested for Raw Consumption during the Months January through December [formerly paragraph 9:052-1]

A. - A.4.

5.Harvesting of oysters during the summer months will be based on the Vibrio parahaemolyticus control plan developed by the Office of Public Health Molluscan Shellfish Program. Irrespective of the requirements of Paragraphs 1-4 of this Subsection, any shell-stock harvested under this control plan shall be placed under mechanical refrigeration at an air temperature not to exceed 45°F within 5 hours from the time harvesting begins.

AUTHORITY NOTE:Promulgated in accordance with R.S. 40:4.A.(1), R.S. 40:5.3, and the FDA/CFSAN & ISSC Model Ordinance VIII, 2003.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1308 (June 2002), amended LR 31:2896 (November 2005), LR 34:2175 (October 2008).

§331.Refrigeration Requirements for Shell-Stock Harvested for Shucking by a Certified Dealer during the Months January through December [formerly paragraph 9:052-2]

A. - A.2

3.Dealer/harvester tags utilized for shellstock harvested outside of the time-temperature matrix will be labeled "for cooking or post-harvest processing only."

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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