1. A. In order that information may be available to inspectors and others with reference to the origin of shell-stock oysters, clams and mussels from all areas, all containers holding shell-stock shall be identified by a tag or label, form and substance of which shall be approved by the state health officer, and the secretary of the Department of Wildlife and Fisheries.

2. B. [formerly paragraph 9:051-1] The initial tagging of the shell-stock shall be performed by the harvester before the shell-stock are removed from the harvester's boat. In the event that shell-stock are harvested from more than one growing area on a given day, the shell-stock shall be sacked and tagged before leaving from the growing area from which the shell-stock was harvested. The harvester's tags shall contain legible information as follows:

   1. 1. a place shall be provided where the dealer's name, address, certification number assigned by the Office of Public Health, Seafood Sanitation Program and the original shell-stock shipper's number if different;
   2. 2. the harvester's identification number assigned by the Department of Wildlife and Fisheries;
   3. 3. the date of harvesting;
   4. 4. harvest area as defined by Office of Public Health;
   5. 5. type and quantity of shellfish; and

   6. 6. the following additional statements or their equivalent as approved by the state authority shall appear on each tag in bold capitalized letters:

      1. a. THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR RETAGGED AND THEREAFTER KEPT ON FILE, IN CHRONOLOGICAL ORDER, FOR 90 DAYS. “RETAILERS: DATE WHEN LAST SHELLFISH FROM THIS CONTAINER SOLD OR SERVED (INSERT DATE)”;
      2. b. AS IS THE CASE WITH CONSUMING OTHER RAW ANIMAL PROTEIN PRODUCTS, THERE IS A RISK ASSOCIATED WITH CONSUMING RAW OYSTERS, CLAMS AND MUSSELS. IF YOU SUFFER FROM CHRONIC ILLNESS OF THE LIVER, STOMACH, OR BLOOD OR HAVE IMMUNE DISORDERS, DO NOT EAT THESE PRODUCTS RAW. RETAILERS PLEASE ADVISE CUSTOMERS.

3. C. The color of a tag placed on a container holding shellstock shall have the following meanings.

   1. 1. A white-colored tag indicates that the shellstock has met the time/temperature requirements of §329.A for raw (half shell) consumption in both interstate and intrastate commerce.
   2. 2. A fuchsia-colored (pinkish-purple) tag indicates that the shellstock has met the time/temperature requirements of §330.A for raw (half shell) consumption in intrastate commerce only (i.e., may be sold for raw consumption only by persons within the state of Louisiana).
   3. 3. A green-colored tag indicates that the shellstock is for shucking by a certified dealer or post-harvest processing only.
   4. 4. A blue-colored tag indicates that the shell stock has been post-harvest processed by a certified dealer and may now be sold for raw (half shell) consumption in both interstate and intrastate commerce. This tag must also include a “SELL BY” date which is a reasonable subsequent shelf-life or the words “BEST IF USED BY” followed by a date when the product would be expected to reach the end of its shelf-life. The date shall include month, day, and year.

NOTE: Shellstock tagged for restricted use (Green Tag) should not include the retailer guidance language “RETAILERS: DATE WHEN LAST SHELLFISH FROM THIS CONTAINER SOLD OR SERVED (INSERT DATE)

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4(A)(1), R.S. 40:5(2)(3)(5)(7)(15), and R.S. 40:5.3.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1308 (June 2002), amended LR 28:1591 (July 2002), LR 33:850 (May 2007), LR 40:1009 (May 2014), amended by the Department of Health, Office of Public Health, LR 48:1853 (July 2022), repromulgated LR 48:2142 (August 2022).