2019 LDWF Commercial Fishing Regs - Page 21



Packaging, Labeling & Shipping In-Shell Oysters
You must pack in-shell oysters (except those for bulk shipments) in
clean barrels or sacks.
When in-shell oysters are temporarily offloaded for any reason, you
must store them on pallets or on a well-graded paved surface and limit
direct exposure to the sun to no more than 30 minutes.
If you ship in-shell oysters in bulk, you may not ship them by truck or
car, except when shipping from only one seller to only one buyer. An
oyster harvest tag must accompany each shipment.
You may ship in-shell oysters in bulk by boat when harvesters obtain
the oysters directly from growing areas and sell them without
shucking them. When you ship in-shell oysters by boat, you must
label the shipment according to requirements for shucked oysters. If
these oysters are intended for processing in shucking houses, the boat
operator must keep records in a book provided for such purposes only,
showing the sources and quantity of oysters, date and local waters
where the oysters were taken, and license or certificate number of
persons buying and selling the oysters. The operator must keep these
records for 12 months.
All land-based deliveries of in-shell oysters must be made aboard
mechanically refrigerated trucks with an internal air temperature
of 45°F or less. (Exceptions: deliveries to certified shellfish dealers
located less than 30 minutes from the dock and deliveries to steam
factories for thermal processing and canning from November through
May within 72 hours from the time harvesting began.)
Railroad cars and trucks in which oysters are shipped in sacks must be
kept clean; both are subject to inspection. Vessels used to transport
in-shell oysters must be constructed to prevent contamination,
deterioration and decomposition of oysters during transport. They
must be pre-chilled to 45°F or below prior to loading; the dealer must
document compliance with this temperature requirement.
For shipments by air, in-shell oysters must have an internal meat
temperature of 45°F or less at all times. You must pre-chill them to
an internal temperature of 40°F or less prior to packing them into
insulated containers with frozen gel packs.
If you receive in-shell oysters either sacked or in boxes from a certified
dealer and do not process or repack them, you must label the package
with your name and certification number if you reship them to another
certified dealer, wholesaler or retailer.
You may label in-shell oysters in sacks in bulk when the sale is between
certified dealers.
Post-Harvest Processing
If you process oysters to reduce the level of a particular pathogen, you must:
• Have a HACCP plan approved by LDH that ensures the processing
method reduces pathogen(s) in the product to established safe
levels for the at-risk population. This plan must include process
controls and periodic sampling to ensure and verify that these
criteria are met.
• Package and label all oysters in accordance with all National
Shellfish Sanitation Program requirements.
• Keep records in accordance with the National Shellfish Sanitation
Program.
If you meet the above requirements, you may label your processed
product as:
• “Processed for added safety,” if the process reduces the levels of
all pathogens of public health concern to safe levels for the at-risk
population.
• “Processed to reduce [name of target pathogen(s)] to nondetectable levels,” if the process reduces one or more, but not all,
pathogens of public health concern to safe levels for the at-risk
population, and if that level is non-detectable.

“Processed to reduce [name of target pathogen(s)] to nondetectable levels for added safety,” if the process reduces one
or more, but not all, pathogens of public health concern to safe
levels for the at-risk population, and if that level is non-detectable.
A term that describes the type of process applied (e.g. “pasteurized,”
“individually quick frozen,” “pressure treated”) may be substituted for
the word “processed” in the above options.
If your end product is dead, refrigerate it according to requirements
for shucked oysters; if your end product is live, refrigerate it according
to requirements for in-shell oysters.
You must tag all in-shell oysters that have gone through post-harvest
processing with a blue tag, which must include the certification number
of the post-harvest processing facility. A blue tag indicates that the
oysters have been post-harvest processed by a certified dealer and
may now be sold for raw (half-shell) consumption in both interstate
and intrastate commerce.
Selling Raw Oysters
You may sell oysters harvested from Louisiana waters for raw
consumption within the state throughout the year as long as they
meet refrigeration requirements specified on page 17.
All establishments that sell or serve raw oysters must display one of
the following messages at the point of sale; the message must also
appear on the main display panel and on top of containers of prepackaged raw oysters.


“There may be a risk associated with consuming raw shellfish as
is the case with other raw protein products. If you suffer from
chronic illness of the liver, stomach or blood or have other immune
disorders, you should eat these products fully cooked.”
“Consuming raw or undercooked meats, poultry, seafood, shellfish
or eggs may increase your risk of foodborne illness, especially if
you have certain medical conditions.”
Other Requirements
You must keep oysters in the container in which they were received until they are used, unless displaying them for retail sale. You may not mix
oysters from different lots.
Recalls
Certified dealers must have written procedures for recalling adulterated or misbranded oyster products. These procedures must be based on and
complementary to FDA policy.
Certified dealers must follow these procedures including timely notification to LDH and the product buyer of a situation requiring recall and
effective removal or correction of the affected product.
19

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