§ 40:4.9.1 — Louisiana Small Wild Catfish Processor's Act; preparation for direct sale to the

Louisiana § 40:4.9.1

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§4.9.1. Louisiana Small Wild Catfish Processor's Act; preparation for direct sale to the
consuming public
A.(1)(a) No provision of the state Sanitary Code or any provision of any other law
or regulation that requires any equipment, design, construction, utensils, supplies,
preparation, or services shall apply to the preparation of wild catfish for direct sale to the
consuming public. This Section shall not be construed to allow the sale or distribution of any
unwholesome food.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to any
preparer of wild catfish who employs any individual to assist in the preparation of the wild
catfish for sale.
(2) Notwithstanding any provision of law to the contrary, all equipment used or
connected in any way with the manufacture or other processing, handling, packing, or storing
of any wild catfish prepared for direct sale to the consuming public pursuant to this Section
shall comply with the following:
(a) Be maintained in a clean and sanitary manner, be free from cracks and, wherever
possible, be composed of noncorroding metal or other smooth, impervious material giving
an easily cleanable surface. Stationary or not readily movable equipment shall be so installed
as to provide for easy cleaning.
(i) All barrels, boxes, tubs, pails, or other receptacles used for holding the processed
wild catfish shall be kept clean and sanitary and shall be so constructed as to be easily
cleanable.
(ii) All food contact surfaces shall be cleaned and sanitized after each day's
production.
(b) If appropriate, be refrigerated so that all processed wild catfish shall be
maintained at an appropriate temperature.
B. No individual who prepares wild catfish for direct sale to the consuming public
pursuant to this Section shall sell more than four hundred pounds of wild catfish per month.
C. No individual who prepares wild catfish for direct sale to the consuming public
pursuant to this Section shall sell the processed wild catfish to any retail business or
individual for resale.
D.(1) Any individual who prepares wild catfish for direct sale to the consuming
public pursuant to this Section shall affix to any processed wild catfish offered for sale a
label which clearly indicates that the food was not produced in a licensed or regulated
facility.
(2) No individual who prepares wild catfish for direct sale to the consuming public
pursuant to this Section shall sell the processed wild catfish unless the individual is
registered to collect any local sales and use taxes that are applicable to the sale of the
seafood, as evidenced by a current sales tax certificate issued to the seller by the sales and
use tax collector for the parish in which the sales occur.
E. No individual who prepares wild catfish for direct sale to the consuming public
pursuant to this Section shall sell the processed wild catfish unless the individual holds a
wholesale/retail seafood dealer's license pursuant to R.S. 56:306 or a fresh products license
pursuant to R.S. 56:303.1.1.
F. This Section shall be known and may be cited as the "Louisiana Small Wild
Catfish Processor's Act".

Legislative History

Acts 2023, No. 209, §1.