Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part IX - Marine and Fresh Water Animal Food Products › Chapter 1 - Shellfish Growing Areas › Section IX-101 - Definitions [formerly paragraph 9:001]

Current through Register Vol. 50, No. 6, June 20, 2024
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.
Adverse Pollution Conditions
-a state or
				  situation caused by meteorological, hydrological, or seasonal events or point
				  source discharges that has historically resulted in elevate fecal coliform
				  levels in a particular growing area.
Approved Area
-the classification of a
				  Louisiana shellfish growing area which has been approved by the state health
				  officer with the assistance of the secretary of the Department of Wildlife and
				  Fisheries for growing or harvesting shellfish for direct marketing. The
				  classification of an approved area is determined through a sanitary survey
				  conducted by the Department of Health in accordance with the guidelines set out
				  in this rule and as hereafter amended and duly promulgated. An approved
				  shellfish growing area may be temporarily made a closed area when a public
				  health emergency resulting from, for instance a hurricane or flooding, is
				  declared by the state health officer.
Aquaculture-
cultivating shellfish in
				  controlled conditions for human consumption. Cultivation includes propagation
				  and growing of shellfish. These activities may occur in natural or man-made
				  water bodies. These activities include seed collection, production, and
				  cultivation in natural water bodies when shellfish are held off the bottom such
				  as the use of racks, bags, or cages, and when shellfish are held in man-made
				  water bodies such as the use of tanks, ponds, or raceways. These activities do
				  not include depuration or wet storage.
Bacteriological Database
-bacteriological
				  analysis organized and used as the basis for the classification of shellfish
				  growing waters.
Central Laboratory, in New Orleans, Public Health
				  Laboratory for the State
-Repealed.
Certified Dealer
-a person who has been
				  registered with and certified by the Office of Public Health to be a
				  dealer.
Certified Laboratory
-a laboratory conducting
				  analysis for the Louisiana Molluscan Shellfish Program that has received a
				  satisfactory rating during an on-site evaluation by the shellfish evaluation
				  officer for the state of Louisiana or the federal Food and Drug Administration
				  (FDA) evaluation officer. The purpose of the evaluation will be to assure the
				  uniform application of standard procedures and methods in the sampling and
				  analytical examination of shellfish growing waters and to determine and assure
				  the adequacy of facilities, equipment, and personnel to perform analytical
				  testing necessary to meet the requirements recommended by the National
				  Shellfish Sanitation Program and found to be acceptable by the Louisiana
				  Molluscan Shellfish Program. This evaluation only certifies that the laboratory
				  facility and its staff meet the specifications of the National Shellfish
				  Sanitation Program at the time of the evaluation.
Closed Area
-a growing area where the
				  harvesting of shellfish is temporarily or permanently not permitted. A closed
				  area status is or may be placed on any of four classified area
				  designations-approved, conditionally approved, restricted, or
				  prohibited.
Closed Safety Zone
-an area designated by
				  the state health officer for the purpose of lessening the impact of an actual
				  or potential pollution source.
Coliform Group
-includes all of the aerobic
				  and facultative anaerobic, gram-negative, non-spore-forming bacilli which
				  ferment lactose with gas formation within 48 hours at 35°C.
Conditional Management Plan
-a written
				  management program approved by the state health officer and the secretary of
				  the Department of Wildlife and Fisheries governing classification of shellfish
				  harvesting water classified as conditionally approved.
Conditionally Approved Area
-the
				  classification of a Louisiana shellfish growing area determined by the state
				  health officer to meet the approved area criteria for a predictable period. A
				  conditionally approved shellfish growing area is a closed area when the area
				  does not meet the approved growing area criteria and is temporarily closed by
				  the state health officer.
Cull-
to remove dead or unsafe shellstock
				  from a lot of shellstock.
Dealer
-a person engaged in the purchasing,
				  storing, shipping, and selling of seafood.
Department-
the Louisiana Department of
				  Health, Office of Public Health.
Direct Impact
-a pollution source or
				  potential source which may have an immediate impact on shellfish harvesting
				  waters. Examples are:
a. any waste
				directly piped to shellfish harvesting waters;
b. any waste discharged to a property which
				would drain directly to shellfish harvesting waters;
c. domestic animals penned or confined so the
				animals have direct contact with the harvesting waters or their waste drain
				directly to growing waters;
d.
				marinas;
e. processing waste
				draining directly to harvesting waters.
Edible Crustaceans
-include any edible,
				  commercially distributed shrimp, crab, crayfish, lobster or other member of the
				  animal kingdom classified as crustaceans (Crustacea).
FDA Evaluation Officer
-Repealed.
FDA Evaluation Officer
-an individual
				  attached to the Department of Health and Human Services, Public Health Service,
				  Food and Drug Administration, Bureau of Food Technology, Shellfish Sanitation
				  Branch for the purpose of conducting on-site evaluations of an officially
				  designated laboratory of the shellfish sanitation laboratory system.
Fecal Coliform Group
-includes bacteria of
				  the coliform group which will produce gas from lactose in a suitable multiple
				  tube procedure liquid medium (EC or A-1) within 24 plus/minus two hours at
				  44.5° plus/minus 0.2°C in a water bath.
Fish
-includes any edible, commercially
				  distributed fresh or salt-water member of the animal kingdom classified as fish
				  (Pisces).
Growing Area
-an area which supports or
				  could support live shellfish.
Habitable Structure-
any structure capable of
				  giving shelter from the environment and producing sewage waste.
Harvest-
the act of removing shellstock from
				  growing areas and its placement on or in a manmade conveyance or other means of
				  transport.
Harvest Area-
an area that contains
				  commercial quantities of shellstock and may include aquaculture sites and
				  facilities.
Harvester
-a person who takes shellfish by
				  any means from a growing area.
Hazard Analysis Critical Control Point
				  (HACCP)-
a systematic, science-based approach used in food production
				  as a means to assure food safety. The concept is built upon the seven
				  principles identified by the National Advisory Committee on Microbiological
				  Criteria for Foods (1992).
Hazard Analysis Critical Control Point
				  Plan-
a written document that delineates the formal procedures that a
				  dealer follows to implement the HACCP requirements set forth in 21 Code of
				  Federal Regulations (CFR) 123.6 as adopted by the Interstate Shellfish
				  Sanitation Conference.
Indirect Impact
-a discharge or pollution
				  source which could reach shellfish growing waters in a roundabout way. Example:
				  an outfall which discharges to a drainage system which discharges into the
				  immediate area of shellfish growing waters.
In-Shell Product-
nonliving, processed
				  shellfish with one or both shells present.
Interstate Shellfish Sanitation Conference
				  (ISCC)-
the organization which consists of agencies from shellfish
				  producing and receiving states, FDA, the shellfish industry, NOAA, and the
				  Environmental Protection Agency (EPA). The ISCC provides the formal structure
				  wherein state regulatory authorities, with FDA concurrence, can establish
				  updated guidelines and procedures for sanitary control of the shellfish
				  industry.
Laboratory Evaluation Officer (LEO)
-a person
				  from either a state, federal or foreign authority that has met the personnel
				  training requirements for implementing the NSSP.
Louisiana Molluscan Shellfish Laboratory
				  System
-all laboratories that have been successfully evaluated during
				  an on-site evaluation by the Laboratory Evaluation Officer for the state of
				  Louisiana and have been consequently officially designated as a shellfish
				  sanitation laboratory for the Louisiana Molluscan Shellfish Sanitation
				  Program.
Louisiana State Shellfish Sanitation Laboratory
				  System
-all laboratories that have been successfully evaluated during
				  an on-site evaluation by the shellfish evaluation officer for the state of
				  Louisiana or FDA evaluation officer and have been consequently officially
				  designated as a shellfish sanitation laboratory for the Louisiana State
				  Shellfish Sanitation Program.
Louisiana State Shellfish Sanitation Program, Oyster
				  Water Monitoring Program
-Repealed.
Marina
-any water area with a structure
				  (docks, basin, floating docks, etc) which is used for docking and constructed
				  to provide temporary or permanent docking space for more than 10 boats.
Marina Policy
-the prescribed plan approved
				  by the state health officer to be used in the classification of shellfish
				  harvesting waters in and around marinas.
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.
Marine Biotoxin-
any poisonous compound
				  produced by marine microorganisms and accumulated by shellstock. Examples
				  include toxins produced by
Alexandrium spp
[
Protogonyaulax
species] and
Karenia
				  brevis.
Molluscan Shellfish Program-
the program
				  which regulates and monitors the growing, harvesting, handling and shipping of
				  shellfish in the state of Louisiana. The program is with the Louisiana
				  Department of Health, Office of Public Health, Sanitation Services
				  Section.
Most Probable Number
(abbreviated
MPN
)-a statistical estimate of the number of bacteria per unit
				  volume and is determined from the number of positive results in a series of
				  fermentation tubes.
Narrative Report-
a report submitted by the
				  shellfish evaluation officer for the state of Louisiana or the FDA evaluation
				  officer following an on-site evaluation. The report shall include the identity
				  of the laboratory, the date of evaluation, name of evaluator, information on
				  personnel and procedures and conclusions and shall precisely and accurately
				  describe the conditions which existed during the evaluation, including what
				  recommendations were made to correct deficiencies and proposed timetable for
				  any corrective action necessary to bring the laboratory into substantial
				  conformity with the requirements of the National Shellfish Sanitation Program
				  (NSSP) as approved by the Louisiana Molluscan Shellfish Program.
National Shellfish Sanitation Program
				  (NSSP)
-the cooperative State-FDA-Industry program for the
				  certification of interstate shellfish shippers as described in the National
				  Shellfish Sanitation Program for the Control of Molluscan Shellfish. The
				  National Shellfish Sanitation Program for the Control of Molluscan Shellfish
				  guide may be obtained from the Interstate Shellfish Sanitation
				  Conference.
On-Site Evaluation
-inspection of a
				  laboratory and all appropriate personnel at the physical laboratory site by the
				  Laboratory Evaluation Officer for the purpose of conducting evaluation
				  according to the NSSP Guide for the Control of Molluscan Shellfish.
Opening/Closing Line
-a boundary drawn on a
				  map to delineate the classification of shellfish grown waters.
Open Water Aquaculture-
the cultivation of
				  bivalve shellfish in natural shellfish growing areas.
Person
-includes any individual,
				  partnership, corporation, association or other legal entity.
Point Source
-any discernible, confined and
				  discrete conveyance including but not limited to any pipe, ditch, channel,
				  tunnel, or conduit that carries pollution.
Poisonous
or
Deleterious
				  Substance-
a toxic substance occurring naturally or added to the
				  environment for which a regulatory tolerance limit or action level has been
				  established in shellfish to protect public health.
Pollution-
the contamination of the shellfish
				  waters by the discharge of microbiological substances into these waters
				  (chemicals, bacterial, or biotoxins).
Post-Harvest Processing (PHP)-
any process
				  which has been validated using NSSP validation procedures which reduces levels
				  of pathogenic hazards to below the appropriate FDA action level or in absence
				  of such a level, below the appropriate level as determined by the ISCC.
Processing-
any activity associated with the
				  handling, shucking, freezing, packing, labeling or storing of shellfish in
				  preparation for distribution. This would include the activities of a shellstock
				  shipper, shucker packer, repacker, reshipper, or depuration processor.
Prohibited Area-
Louisiana waters that have
				  been classified by the state health officer as prohibited for the harvesting of
				  shellfish for any purpose except depletion and production of seed for
				  aquaculture. A prohibited shellfish growing area is a closed area for the
				  harvesting of shellfish at all times. Harvesting of shellfish from a closed
				  area may result in criminal charges pursuant to
				  R.S.
				  56:424.
Relaying
-the transfer of shellfish from
				  restricted areas to approved areas for natural biological cleansing using the
				  ambient environment as a treatment system.
Restricted Area-
a classification used to
				  identify a growing area where harvesting shall be by special permit and the
				  shellstock, following harvest, is subjected to a suitable and effective
				  treatment process.
Sanitary Survey-
the written evaluation
				  report of all \environmental factors, including actual and potential pollution
				  sources, which have a bearing on shellfish growing area water quality.
Satisfactory Rating
-Repealed.
Seafood
-includes but is not limited to
				  fish, shellfish, edible crustaceans, marine and freshwater animal food
				  products.
Seed-
shellstock which is less than market
				  size.
Shellfish
-all edible species of oysters,
				  clams, or mussels, either shucked or in the shell, fresh or frozen; whole or in
				  part. Some of the common bivalves included in this definition are:
Common Name
Scientific Name
Cockle
Clinordium nuttalli
Cardium corbis
(Pacific)
Geoduck
Panope generosa
Fresh water clam
Rangia cuneata
Soft shell clam
Mya arenaria
Hard or quahog clam
Mercenaria mercenaria
Mercenaria campechiensis
Surf clam
Spisula solidissima
Mahogany or Ocean quahog, clam
Artica islandica
Gaper or Horse clam
Tresus nuttalli and T. capax
Razor clam
Solen resaceus, Ensis
							 directus
(Atlantic)
Solen viridis, Tagelus plebeius, and Siliqua
							 patula
(Pacific)
Bent-nose clam
Macoma nasuta
Pismo clam
Tivela stultorum
Butter clam
Saxidomus giganteus
Calico clam
Macrocallista maculata
Sunray venus
Macrocallista nimbosa
Pacific littleneck clam
Protothaca tenerrima and
Protothaca staminea
Manila clam
Tapes semidecussata
Pacific (Japanese) oyster
Crassostrea gigas
Eastern oyster
Crassostrea virginica
Olympia or yaquina oyster
Ostrea lurida
European oyster
Ostrea edulis
Blue or bay mussel
Mytilus edulis
California sea mussel
Mytilus californianus
Green lipped mussel
Perna canaliculus
(New Zealand)
Shellfish Evaluation Officer for the State of
				  Louisiana-
state health officer or his/her designee approved by letter
				  by the federal Department of Health and Human Services, Public Health Service,
				  Food and Drug Administration, Bureau of Food Technology, Shellfish Sanitation
				  Branch to conduct on-site evaluations of laboratories deserving official
				  recognition as a member of the shellfish sanitation laboratory system other
				  than the certified laboratory. Official approval is based upon the individual
				  meeting the requirements of Shellfish Sanitation Interpretation S.S. 35
				  entitled "Evaluation of Laboratories by State Shellfish Laboratory Evaluation
				  Officers."
Shellstock
-live molluscan shellfish in the
				  shell.
State Shellfish Patrol Agency
-the
				  enforcement agents of the Louisiana Department of Wildlife and Fisheries having
				  the responsibility for the enforcement of lines concerning harvesting of
				  shellfish.
State Waters
-waters that belong wholly to
				  the state of Louisiana, including the Territorial Sea.
Transplanting
-the moving of shellfish from
				  one area to another area for improving growth, stocking depleted area and
				  leases, and for other aquaculture purposes.
Worst Pollution Conditions
-Repealed.