La. Admin. Code tit. 76 § VII-381

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

Section VII-381 - Louisiana Catch and Cook Program and Permit

A. The Department of Wildlife and Fisheries is authorized to establish the Louisiana Catch and Cook Program and permit pursuant to R.S. 56:317. Notwithstanding any provision of the state Sanitary Code or any other law or regulation to the contrary, it shall be lawful for a retail food establishment to receive and prepare any freshwater or saltwater recreational fish as defined in R.S. 56:8.

B. Any retail food establishment as defined in LAC 51:XXIII.101.A, is authorized to prepare any fish legally taken and possessed by a licensed recreational fisherman for consumption by that recreational fisherman or any person in his party. The retail food establishment must possess a Louisiana Catch and Cook Program permit issued by the department. Possession of a permit does not exempt the permittee from any other law or regulation.

C. Permittees will be required to abide by the following conditions that shall be enforced by the Department of Health and Hospitals, Office of Public Health.

1. The retail establishment shall complete, date, and have the recreational fisherman who brings the fish in for preparation sign an assumption of risk form. The completed, dated, and signed form shall be maintained at the establishment for a period of no less than 90 days. The establishment shall provide the completed forms to the state health officer upon request.

2. The retail food establishment shall receive only fish that have been cleaned, filleted, placed in clean, food-grade, single-service packaging, and properly refrigerated.

3. The retail food establishment shall inspect the fish for freshness and proper receiving temperature.

4. The fish shall be properly labeled with the date, time, and name of the recreational fisherman.

5. The retail food establishment shall store, prepare, and otherwise handle the fish separately from products being prepared for and served to the general public.

6. The retail food establishment shall store, prepare, and otherwise handle the fish in compliance with provisions of the state Sanitary Code (LAC 51, Part XXIII).

7. The retail food establishment shall prepare and serve the fish to the recreational fisherman or any person in his party within four hours of receipt of the fish.

8. Containers, preparation tables, cutting boards, utensils, and other food preparation equipment used to prepare and serve the fish shall be properly cleaned and sanitized in accordance with provisions of the state Sanitary Code (LAC 51, Part XXIII) prior to use preparing foods to serve to the general public.

9. The fish shall be served directly to the recreational fisherman or any person in his party immediately upon the completion of cooking and shall not be served to the general public.

D. Permits may be obtained at no cost, from the Department of Wildlife and Fisheries or any authorized method. The permit is valid for one calendar year, beginning on January 1 and expiring on December 31 of the same calendar year. The permit may be obtained at any time of the year until November 15 for the current license year A permit obtained on or after November 15 of the current license year shall be valid for the remainder of the current license year and expires on December 31 of the immediately following license year The Department of Wildlife and Fisheries shall provide the names and locations of each participating retail food establishment to the Department of Health and Hospitals, Office of Public Health upon request.

E. Permits may be suspended or revoked by the Department of Wildlife and Fisheries for any violation of the rules and regulations of this program or on the written recommendation of the Department of Health and Hospitals.

La. Admin. Code tit. 76, § VII-381

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 41760 (4/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:317.