Current through Register Vol. 50, No. 3, March 20, 2024
A. In order to establish a certification
program for Louisiana wild fish, as defined in
R.S. 56:8,
and for Louisiana wild seafood products, including wild-caught shrimp, which
are taken, harvested, or landed in Louisiana, pursuant to the authority
conferred by
R.S.
56:578.15; the following rules in this
Chapter shall govern any work related to the Louisiana Wild Seafood
Certification Program (LWSCP).
B.
For the purpose of this Chapter, the following will be defined as:
Commingled - to cause to blend together, mix
or combine; particularly as it applies to mixing non-certified seafood with
LWSCP products;
Landed - taken and brought ashore;
LDAF - Louisiana Department of Agriculture
and Forestry;
LDHH - Louisiana Department of Health and
Hospitals;
LDWF - Louisiana Department of Wildlife and
Fisheries;
LWSCP - Louisiana Wild Seafood Certification
Program;
Origin Test - method of verifying product
was taken from the Gulf of Mexico or Louisiana waters;
Packaged - product that is contained in a
closed and sealed package or container for sale which contains product labeling
and designated weight, count, or volume;
Processed - any method of preparing fish or
fish products for market including drying to a point of dehydration, canning,
salting, freezing, breading, or cooking for immediate consumption, but not
simple packing of fresh fish in a sack, bag, package, crate, box, lug or vat
for transport or holding.
C.
Policy
1. Participation in the LWSCP is
voluntary and limited to those individuals or entities meeting the following
criteria:
a. must possess one of the
following resident or non-resident Louisiana licenses:
i. commercial fisherman's license;
ii. senior commercial license;
iii. fresh products dealer license;
iv. seafood wholesale/retail
dealer;
v. seafood retail
dealer;
b.
wholesale/retail dealers must have their facility located within Louisiana.
Retailers are not required to have their facility located within
Louisiana;
c. eligible participants
not requiring an LDWF license include in-state restaurants or grocers who only
sell seafood that is fully prepared by cooking for immediate consumption by the
consumer, and all out-of-state retailers;
i.
LDWF may issue an LWSCP wholesale/retail dealer permit to docks and landings
that do not possess the required LDHH permit. The LWSCP permit shall be issued
on the condition that the LDHH permit is obtained by January 1 2015.
d. must possess and be in
compliance with all other state and federal permits, licenses, and laws
regarding the buying, acquiring, or handling, from any person, by any means
whatsoever, any species of fish or seafood products, whether fresh, frozen,
processed, or unprocessed, for sale or resale, whether on a commission basis or
otherwise. Including but not limited to any LDWF, LDHH or LDAF permits
regulations;
e. if required,
retailers and restaurants which meet the supply chain verification requirements
as specified in
§704 of this Chapter.
2. Product considered eligible to possess the
LWSCP logo must meet the following criteria:
a. eligible wild seafood includes crab,
oysters, freshwater finfish, saltwater finfish, crawfish, and shrimp. Seafood
must be wild-caught, taken from Louisiana waters or from the Gulf of Mexico and
any other adjacent state waters, and landed in Louisiana. Farmed and/or
aquaculture products are excluded from program participation;
b. seafood must be taken by a Louisiana
licensed commercial fishermen. Seafood must be landed in Louisiana and either
be sold under a LWSCP-participating fresh products dealer license, or be
purchased and/or physically acquired by a wholesale/retail seafood dealer
participating in the LWSCP. Transfer of product throughout the supply chain
must be between LWSCP participants until the product has been placed in a
sealed and LWSCP-labeled retail packaging;
c. seafood commingled with any other seafood
that does not meet the above requirements, domestic or foreign, shall be
prohibited from possessing the LWSCP label;
d. seafood products that are properly
registered as required by
§704 of this Chapter.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
56:578.15 and
R.S.
56:23.
