La. Admin. Code tit. 76 § I-701

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-701 - Declaration of Policy, Purposes, and Intent

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.

La. Admin. Code tit. 76, § I-701

Promulgated by the Department of Wildlife and Fisheries, Office of the Secretary, LR 38:1999 (August 2012), amended by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 39:1062 (April 2013), LR 40:804 (April 2014), repromulgated LR 40:1390 (July 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:578.15 and R.S. 56:23.