Current through Register Vol. 49, No. 12, December 20, 2023
A. Purchasing
and/or transferring of seafood intended for use in the LWSCP.
1. Commercial fishermen intending to sell or
transfer seafood for use in the LWSCP shall be responsible for ensuring that
the seafood was taken legally from Louisiana waters or the waters of the Gulf
of Mexico and either sold under a LWSCP participating fresh products dealer
license, or landed at and sold to a wholesale/retail dealer possessing a LWSCP
permit.
2. Wholesale/retail dealers
possessing a permit and intending to, purchase, sell, transfer or exchange
seafood for use in the LWSCP, which is labeled with the programs logo shall be
responsible for ensuring LWSCP labeled/destined seafood is sourced from and
sold/transferred to parties that meet the minimum requirements of the
program.
3. Retail dealers
possessing a permit and intending to purchase, sell, transfer, or exchange
unpackaged seafood for use in the LWSCP label shall be responsible for ensuring
that the seafood is supplied by a wholesale/retail dealer who possesses a LWSCP
permit and that the product meets the minimum requirements of the
program.
4. LWSCP seafood must
remain segregated from non-program seafood throughout the supply chain and must
be marked or labeled with "LWSCP" or the program logo at all times. Seafood
which is processed must be processed separately from non-program
seafood.
5. A website shall be made
available to all LWSCP participants to allow them to verify the permit status
of potential suppliers and buyers. Participants are required to share their
contact information with other participants for verification purposes via the
previously mentioned website. Participants may also contact LDWF designee to
verify someone's permit status.
B. Packaging, Repackaging, and Unpacking
1. No person shall package or repackage
seafood intended to be sold under the LWSCP name and/or labeled with the LWSCP
logo without possessing a LWSCP permit.
2. All packaging and repackaging of LWSCP
seafood shall take place in Louisiana
3. Repackaged LWSCP seafood shall not be
mixed with seafood not meeting LWSCP requirements. Doing so shall constitute a
commingling program violation.
4.
Packaged products labeled with the LWSCP logo may be sold by persons not
possessing a permit provided the product remains in its original packaging
until sold to the consumer.
5. No
person shall sell, barter, trade, or exchange, or attempt to sell, barter,
trade, or exchange unpackaged seafood under the LWSCP name and logo without
possessing a LWSCP permit.
C. Notwithstanding all other provisions of
law regarding record keeping and reporting requirements for the sale, trade, or
bartering of seafood persons possessing a wholesale/retail dealer permit or
retail dealer permit shall adhere to the following requirements regarding
record keeping as they pertain to seafood sold under the LWSCP.
1. Seafood sold or attempted to be sold under
the LWSCP name or logo must be designated as such on all records, invoices,
bills of lading, and transfer documents using "LWSCP."
Promulgated by the
Department of Wildlife and Fisheries, Office of the Secretary, LR 38:2001
(August 2012).
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
56:578.15 and
R.S.
56:23.