1. A. Time to refrigeration requirements for shell-stock harvested for raw consumption during the months January through December shall be based on the Average Monthly Maximum Water Temperatures based on the Vibrio vulnificus control plan developed by the Office of Public Health Molluscan Shellfish Program according to the following schedule.

   1. 1. Water Temperature<65°F―Shell-stock shall be placed under mechanical refrigeration at an air temperature not to exceed 45°F within 36 hours from the time harvesting begins. Internal oyster meat temperature of 55°F must be achieved in 10 hours from when oysters are placed in mechanical refrigeration.
   2. 2. Water temperature: 65°F to 74°F―Shell-stock shall be placed under mechanical refrigeration at an air temperature not to exceed 45°F within 8 hours from the time harvesting begins. Internal oyster meat temperature of 55°F must be achieved in 10 hours from when oysters are placed in mechanical refrigeration.
   3. 3. Water temperature: >74°F―Shell-stock shall be placed under mechanical refrigeration at an air temperature not to exceed 45°F within 1 hour from the time harvesting begins. Internal oyster meat temperature of 55°F must be achieved within 6 hours from when oysters are placed in mechanical refrigeration.
2. B. For shellstock harvested for raw consumption, harvesters will adhere to the applicable time and temperature controls as established by the Vibrio vulnificus control plan in this Section developed by the Office of Public Health Molluscan Shellfish Program. The harvester must provide harvest records to the original shellfish dealer demonstrating compliance with the applicable time and temperature requirements. This record may be in the form of a harvester tag, trip record, or other record deemed appropriate by the Office of Public Health Molluscan Shellfish Program. The record must include the date and time harvest begins for each lot of shellfish harvested. The harvester shall document the time harvest begins for each lot prior to harvest and shall immediately document the time each lot is placed under refrigeration. The harvester shall properly attach a shellstock tag on all containers holding shellstock, with the corresponding lot identification, number or character printed legibly on the shellstock tag, prior to being placed under refrigeration. This tag shall be approved by the state health officer and the secretary of the Louisiana Department of Wildlife and Fisheries. It shall also be the responsibility of the harvester to record the number of sacks contained within each lot immediately after oysters are placed under refrigeration. Harvest vessels equipped with refrigeration capabilities must provide documentation to the original dealer that the time and temperature requirements established by the Vibrio vulnificus control plan developed by the Office of Public Health Molluscan Shellfish Program (see §329.A) have been met.
3. C. Under the requirements of the Vibrio vulnificus control plan during the months of March through November, if oysters are removed from a vessel before the product reaches an internal temperature of 55°F or below, it is the dealer’s responsibility to verify that all last lots of oysters harvested and placed in mechanical refrigeration meet the internal temperature of 55°F or below in six hours. This shall be documented on the same log sheet that was provided to the dealer from the harvester.

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 31:2896 (November 2005), LR 34:2175 (October 2008), LR 36:1016 (May 2010), LR 38:2789 (November 2012), 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).