1. A. Time to refrigeration requirements for shell-stock harvested for shucking or post-harvest processing by a certified dealer during the months January through December shall be based on the Average Monthly Maximum Air Temperature developed by the Office of Public Health Molluscan Shellfish Program according to the following schedule.

   1. 1. Air Temperature: <50 degrees F. Shellstock shall be placed under mechanical refrigeration at an air temperature not to exceed 45 degrees F within 36 hours from the time harvesting begins.
   2. 2. Air Temperature: 50 degrees F to 60 degrees F. Shellstock shall be placed under mechanical refrigeration at an air temperature not to exceed 45 degrees F within 24 hours from the time harvesting begins.
   3. 3. Air Temperature: >60 degrees F - 80 degrees F. Shellstock shall be placed under mechanical refrigeration at an air temperature not to exceed 45 degrees F within 18 hours from the time harvesting begins.
   4. 4. Air Temperature: >80 degrees F. Shellstock shall be placed under mechanical refrigeration at an air temperature not to exceed 45 degrees F within 12 hours from the time harvesting begins.
2. B. Dealer/harvester tags utilized to identify shell-stock harvested for shucking or post-harvest processing consumption by a certified dealer must be identified with the green tag which states: "FOR SHUCKING BY A CERTIFIED DEALER OR POST-HARVEST PROCESSING ONLY".
3. C. For shellstock harvested for shucking or post-harvest processing consumption, harvesters will adhere to the applicable time and temperature controls as established in this Section 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. Harvest vessels equipped with refrigeration capabilities must provide documentation to the original dealer that the time and temperature requirements established by the Office of Public Health Molluscan Shellfish Program have been met.
4. D. “Green” or restricted use tag product may be shipped in commerce if the internal temperature is 50°F or below. If the oysters have not reached an internal temperature of 50°F or below, the product may be shipped provided a working time/temperature recording device accompanies every shipment. Shipments of 4 hours or less will not be required to have a working time/temperature recording device. The documentation stating the time of shipment will accompany the bill of lading and will be used to determine if shipment is less than four hours.
5. E. All shellstock that has been refrigerated must not be allowed to remain without mechanical refrigeration for more than two hours at points of processing or transfer such as loading docks.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4.A.(1), R.S. 40:5.A.(2)(3)(5)(7)(9)(15)(17)(19)(20), and R.S. 40:5.3.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1309 (June 2002), amended LR 31:2896 (November 2005), LR 34:2175 (October 2008), LR 35:1239 (July 2009), LR 36:1017 (May 2010), LR 38:97 (January 2012), LR 38:2789 (November 2012), amended by the Department of Health, Office of Public Health, LR 48:1854 (July 2022), repromulgated LR 48:2142 (August 2022).