La. Admin. Code tit. 51 § IX-501

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-501 - General

A. Aquaculture activities which may pose a significant public health concern are regulated in this chapter and include, but not limited to:

1. seed production in waters classified as prohibited or unclassified;

2. aquaculture structures that attract birds or mammals; and

3. land based aquaculture.

B. Requirements:

1. approved written operational plan;

2. an annual inspection by representative of the department, including operator records, to verify that appropriate permits are up to date and operational plans are be implemented;

3. when aquaculture attracts birds or mammals, their presence should be considered for possible adverse effects on growing area water quality.

C. The maximum seed size for Cassostrea virginca (eastern oyster) that can be produced in prohibited waters is one inch. If seed size produced in prohibited waters exceeds one inch, the seed shall be deemed adulterated and shall be subject to seizure and destruction.

D. Any person who performs aquaculture as defined in §101 of this Part or operates an aquaculture facility to raise shellfish for human consumption shall obtain:

1. a permit from the department for the activity and functioning of their facility;

2. a harvester's license; and

3. certification as a dealer, where necessary.

E. Shellfish aquaculture as defined in §101 of this Part shall be practiced only in strict compliance with the provisions of the permit issued by the department for the shellfish aquaculture activity. Authorization shall be based on the operator's written operational plan.

F. Prior to beginning their activity, a harvester shall obtain permission of the department for use of their facility.

G. Any shellfish seed raised in aquaculture shall be subjected to relaying prior to direct marketing if the culture are or facility is located in or using water which is in:

1. the closed status of the conditionally approved classification;

2. the restricted classification; or

3. the open status of the conditionally restricted classification.

H. Only drugs sanctioned by the FDA shall be used for shellfish treatment.

I. Harvesting, processing, storage, and shipping requirements for shellfish raised in a land-based aquaculture facility shall be the same as the requirements for wild molluscan shellfish specified in this Part of Title 51.

J. Complete and accurate records shall be maintained for at least two years by the operator of the aquaculture facility and shall include the:

1. source of shellfish, including seed if the seed is from growing areas which are not in the approved classification; and

2. water source, its treatment method, if necessary, and its quality in land-based systems.

La. Admin. Code tit. 51, § IX-501

Promulgated by the Department of Health, Office of Public Health, LR 481855 (7/1/2022), Amended LR 482143 (8/1/2022).

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.