La. Admin. Code tit. 76 § I-707

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

Section I-707 - Operations

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."

La. Admin. Code tit. 76, § I-707

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.