Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part IX - Marine and Fresh Water Animal Food Products › Chapter 3 - Preparation and Handling of Seafood for Market › Section IX-327 - Refrigeration of Shellstock Oysters, Clams and Mussels [formerly paragraph 9:052]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Shellstock shall be placed under mechanical refrigeration at an air temperature
				(measured 12 inches from the blower) not to exceed 45°F within the time period
				prescribed herein; and shall be maintained at or below that temperature through
				out all levels of commerce. Shellstock harvested for raw consumption during the
				months January through December shall be subject to the time to refrigeration
				requirements outlined in Subsection A of
				§329 of this Part.
EXCEPTION: Shellstock harvested in the months of May through
				  October for raw consumption only by persons within the state of Louisiana shall
				  be allowed, in accordance with all of the requirements of
				  §330 of this Part [including, but not
				  limited to, use of a fuchsia (pinkish-purple) color tag or label on the
				  container], to be placed under mechanical refrigeration at an air temperature
				  not to exceed 45°F within 5.0 hours from the time harvesting begins. Any such
				  shellstock meeting this exception shall not be sold for use outside of the
				  state of Louisiana.
B. All shellstock
				harvested for raw consumption shall be placed under temperature control in
				accordance with the requirements specified under Subsection A of
				§329 of this Part. Any shellstock
				harvested which exceeds the time-temperature matrix requirements of Subsection
				A of
				§329 of this Part shall not be provided to
				or served to anyone for the purpose of raw consumption, but shall only be
				provided to a certified dealer for the express purposes of shucking or
				post-harvest processing only.
EXCEPTION: Shellstock harvested in the months of May through
				  October for raw consumption only by persons within the state of Louisiana shall
				  be allowed, in accordance with all of the requirements of
				  §330 of this Part [including, but not
				  limited to, use of a fuchsia (pinkish-purple) color tag or label on the
				  container], to be placed under mechanical refrigeration at an air temperature
				  not to exceed 45°F within 5.0 hours from the time harvesting begins. Any such
				  shellstock meeting this exception shall not be sold for use outside of the
				  state of Louisiana.
C. Once shellstock
				is off-loaded from the harvest vessel onto the dock it must be placed under
				mechanical refrigeration within 2.0 hours; but the total harvest to
				refrigeration time shall not exceed the time-temperature matrix specified under
				Subsection A of
				§329 of this Part.
EXCEPTION: Shellstock harvested in the months of May through
				  October for raw consumption only by persons within the state of Louisiana shall
				  be allowed, in accordance with all of the requirements of
				  §330 of this Part [including, but not
				  limited to, use of a fuchsia (pinkish-purple) color tag or label on the
				  container], to be placed under mechanical refrigeration at an air temperature
				  not to exceed 45°F within 5.0 hours from the time harvesting begins. Any such
				  shellstock meeting this exception shall not be sold for use outside of the
				  state of Louisiana.
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
				harvester's time-temperature matrix specified under Subsection A of
				§329 of this Part.
EXCEPTION: Shellstock harvested in the months of May through
				  October for raw consumption only by persons within the state of Louisiana shall
				  be allowed, in accordance with all of the requirements of
				  §330 of this Part [including, but not
				  limited to, use of a fuchsia (pinkish-purple) color tag or label on the
				  container], to be placed under mechanical refrigeration at an air temperature
				  not to exceed 45°F within 5.0 hours from the time harvesting begins. Any such
				  shellstock meeting this exception shall not be sold for use outside of the
				  state of Louisiana.
E. To comply with
				the time to temperature requirements for harvested shellstock for raw
				consumption, the type of cooling must be capable of achieving the required
				internal temperature within the time frames required in the
Vibrio
				vulnificus
control plan developed by the Office of Public Health
				Molluscan Shellfish Program (see §329. A) The use of tempering and inadequate
				cooling is not acceptable. Cooling that occurs prior to receipt by the original
				dealer does not alleviate the dealer requirement to document the time to
				internal temperature requirements.
F. To comply with the time to temperature
				requirements for harvested shellstock for shucking or post-harvest processing
				consumption, the type of cooling must be capable of achieving the required
				internal temperature within the time frames required in the
Vibrio
				vulnificus
control plan developed by the Office of Public Health
				Molluscan Shellfish Program (see §331. A) or in the matrix for all other
				shellstock. The use of tempering and inadequate cooling is not acceptable.
				Cooling that occurs prior to receipt by the original dealer does not alleviate
				the dealer requirement to document the time to internal temperature
				requirements.
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.