HLS 14RS-1490 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1046
BY REPRESENTATIVES LEOPOLD AND GAROFALO
FISHING/OYSTERS: Relative to packaging and labeling of oysters
AN ACT1
To amend and reenact R.S. 3:4631(B) and (C) and R.S. 56:433(A) and (E) and 440, relative2
to labeling and packaging of oysters; to provide for certain standards for marketable3
oysters and labeling and packaging of oysters for market; to provide penalties for4
mislabeling oysters; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 3:4631(B) and (C) are hereby amended and reenacted to read as7
follows:8
§4631. Oyster labeling and packaging; sale of shell stock oysters9
* * *10
B. Shell stock oysters shall be sold by volumetric measure, weight, or count.11
All oysters sold by volumetric measure, weight, or count shall be market size and12
wholesome.13
C. Oysters removed from the shell shall be labeled clearly by volume or14
weight. A maximum of fifteen percent free liquid by weight is permitted for oysters15
sold by weight or by volume.16
* * *17
Section 2. R.S. 56:433(A) and (E) and 440 are hereby amended and reenacted to18
read as follows:19 HLS 14RS-1490 ORIGINAL
HB NO. 1046
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are additions.
§433. Culling oysters taken from natural reefs; size limits1
A. All marketable oysters taken from the natural reefs of this state which2
measure less than three inches from hinge to mouth and all dead shell shall be3
immediately replaced and scattered broadcast upon the natural reefs from which4
taken. No captain, person in charge of any vessel, canner, packer, commission man,5
or other person shall have in his possession off the natural reefs any natural reef6
oysters which were not taken in accordance with the provisions of this Subpart. Any7
excess of over fifteen percent of dead shells and oysters under the size prescribed8
herein, in any cargo lot of oysters except any cargo lot of oysters to be used as seed9
oysters for bedding purposes only, shall be considered a violation of this Subpart,10
and any officer of the department may cause to be counted the whole or part of the11
cargo or lot of oysters at the expense of the person or vessel, to determine the12
percentage. No oysters under one inch in length from hinge to mouth shall be13
counted, and each half shell of over one inch shall be counted as one.14
* * *15
E. The department commission, at one of its regular meetings, in the exercise16
of its duties to improve, enlarge, and protect the state-owned natural reefs of this17
state, and after affording industry, department personnel, and interested parties an18
opportunity to be heard, shall have the option, between January first and the last day19
of the season of each year, of closing any portion or all of the natural oyster reefs of20
this state to the harvest of oysters, and/or of setting harvesting size limits on any21
portion or all of the natural oyster reefs of this state, as expected conditions warrant.22
The department commission shall notify the oyster industry of its determination by23
filing the information in the office of the secretary, and by notice once weekly for24
two weeks prior to implementation, in the newspapers of general circulation in the25
coastal zone.26
* * *27 HLS 14RS-1490 ORIGINAL
HB NO. 1046
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§440. Standard measurements; barrel1
A. In all of the operations of the department, the standard measurement of2
the barrel referred to herein shall be 6451.26 cubic inches, which approximately3
represents the cubic contents of three bushels, or one barrel; one sack represents4
3225.63 cubic inches or one and one-half bushels or one-half barrel.5
B. All shucked oysters shall be labeled and packaged as required pursuant6
to the National Shellfish Sanitation Program and the National Institute of Standards7
and Technology.8
C. All licensed oyster captains, harvesters, or certified wholesale/retail9
dealers of shell stock and shucked oyster products shall verify that the oysters being10
sold adhere to the measurement standards required by this Section.11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Leopold HB No. 1046
Abstract: Provides for standards for marketable oysters and the packaging and labeling
thereof.
Present law authorizes shell stock oysters to be sold by volumetric measure, weight, or
count. Proposed law requires all such oysters to be market size and wholesome.
Present law requires all oysters taken from the natural reefs to be more than three inches
from hinge to mouth. Provides that no "captain, canner, packer, commission man, or other
person" shall possess oysters less than three inches from hinge to mouth. Proposed law
applies this prohibition to "any person".
Present law authorizes the "department" at one of its monthly meetings to close any or all
of the natural reefs to the harvest of oysters or set harvest size limits. Proposed law makes
the technical change from "department" to "commission".
Present law provides for a standard measure for a barrel of oysters and a sack of oysters.
Proposed law requires all shucked oysters to be labeled and packaged as required under the
Natl. Shellfish Sanitation Program and the Natl. Institute of Standards and Technology.
Further requires that all licensed oyster captains, harvesters, and certified wholesale/retail
dealers of shell stock and shucked oyster products verify that oysters being sold are in
compliance with these standards.
(Amends R.S. 3:4631(B) and (C) and R.S. 56:433(A) and (E) and 440)