A. Shellstock shall be placed under mechanical refrigeration at an air temperature (measured 12 inches from the blower) not to exceed 45°F within the time period prescribed herein; and shall be maintained at or below that temperature through out all levels of commerce. Shellstock harvested for raw consumption during the months January through December shall be subject to the time to refrigeration requirements outlined in Subsection A of §329 of this Part. EXCEPTION: Shellstock harvested in the months of May through October for raw consumption only by persons within the state of Louisiana shall be allowed, in accordance with all of the requirements of §330 of this Part [including, but not limited to, use of a fuchsia (pinkish-purple) color tag or label on the container], to be placed under mechanical refrigeration at an air temperature not to exceed 45°F within 5.0 hours from the time harvesting begins. Any such shellstock meeting this exception shall not be sold for use outside of the state of Louisiana.
B. All shellstock harvested for raw consumption shall be placed under temperature control in accordance with the requirements specified under Subsection A of §329 of this Part. Any shellstock harvested which exceeds the time-temperature matrix requirements of Subsection A of §329 of this Part shall not be provided to or served to anyone for the purpose of raw consumption, but shall only be provided to a certified dealer for the express purposes of shucking or post-harvest processing only. EXCEPTION: Shellstock harvested in the months of May through October for raw consumption only by persons within the state of Louisiana shall be allowed, in accordance with all of the requirements of §330 of this Part [including, but not limited to, use of a fuchsia (pinkish-purple) color tag or label on the container], to be placed under mechanical refrigeration at an air temperature not to exceed 45°F within 5.0 hours from the time harvesting begins. Any such shellstock meeting this exception shall not be sold for use outside of the state of Louisiana.
C. Once shellstock is off-loaded from the harvest vessel onto the dock it must be placed under mechanical refrigeration within 2.0 hours; but the total harvest to refrigeration time shall not exceed the time-temperature matrix specified under Subsection A of §329 of this Part. EXCEPTION: Shellstock harvested in the months of May through October for raw consumption only by persons within the state of Louisiana shall be allowed, in accordance with all of the requirements of §330 of this Part [including, but not limited to, use of a fuchsia (pinkish-purple) color tag or label on the container], to be placed under mechanical refrigeration at an air temperature not to exceed 45°F within 5.0 hours from the time harvesting begins. Any such shellstock meeting this exception shall not be sold for use outside of the state of Louisiana.
D. Once shellstock is off-loaded from a harvest vessel to an oyster cargo vessel, oysters must be placed under mechanical refrigeration at a time not to exceed the original harvester's time-temperature matrix specified under Subsection A of §329 of this Part. EXCEPTION: Shellstock harvested in the months of May through October for raw consumption only by persons within the state of Louisiana shall be allowed, in accordance with all of the requirements of §330 of this Part [including, but not limited to, use of a fuchsia (pinkish-purple) color tag or label on the container], to be placed under mechanical refrigeration at an air temperature not to exceed 45°F within 5.0 hours from the time harvesting begins. Any such shellstock meeting this exception shall not be sold for use outside of the state of Louisiana.
E. To comply with the time to temperature requirements for harvested shellstock for raw consumption, the type of cooling must be capable of achieving the required internal temperature within the time frames required in the Vibrio vulnificus control plan developed by the Office of Public Health Molluscan Shellfish Program (see §329. A) The use of tempering and inadequate cooling is not acceptable. Cooling that occurs prior to receipt by the original dealer does not alleviate the dealer requirement to document the time to internal temperature requirements.F. To comply with the time to temperature requirements for harvested shellstock for shucking or post-harvest processing consumption, the type of cooling must be capable of achieving the required internal temperature within the time frames required in the Vibrio vulnificus control plan developed by the Office of Public Health Molluscan Shellfish Program (see §331. A) or in the matrix for all other shellstock. The use of tempering and inadequate cooling is not acceptable. Cooling that occurs prior to receipt by the original dealer does not alleviate the dealer requirement to document the time to internal temperature requirements.La. Admin. Code tit. 51, § IX-327
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 38:96 (January 2012), LR 38:2789 (November 2012).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.