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ACT No. 217
Regular Session, 2014
HOUSE BILL NO. 1046
BY REPRESENTATIVES LEOPOLD, BILLIOT, GAROFALO, AND HARRISON
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
§433. Culling oysters taken from natural reefs; size limits20
A. All marketable oysters taken from the natural reefs of this state which21
measure less than three inches from hinge to mouth and all dead shell shall be22
immediately replaced and scattered broadcast upon the natural reefs from which23 ENROLLEDHB NO. 1046
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taken. No captain, person in charge of any vessel, canner, packer, commission man,1
or other person shall have in his possession off the natural reefs any natural reef2
oysters which were not taken in accordance with the provisions of this Subpart. Any3
excess of over fifteen percent of dead shells and oysters under the size prescribed4
herein in this Section, in any cargo lot of oysters except any cargo lot of oysters to5
be used as seed oysters for bedding purposes only, shall be considered a violation of6
this Subpart, and any officer of the department may cause to be counted the whole7
or part of the cargo or lot of oysters at the expense of the person or vessel, to8
determine the percentage. No oysters under one inch in length from hinge to mouth9
shall be counted, and each half shell of over one inch shall be counted as one.10
* * *11
E. The department commission, at one of its regular meetings, in the exercise12
of its duties to improve, enlarge, and protect the state-owned natural reefs of this13
state, and after affording industry, department personnel, and interested parties an14
opportunity to be heard, shall have the option, between January first and the last day15
of the season of each year, of closing any portion or all of the natural oyster reefs of16
this state to the harvest of oysters, and/or and of setting harvesting size limits on any17
portion or all of the natural oyster reefs of this state, as expected conditions warrant.18
The department commission shall notify the oyster industry of its determination by19
filing the information in the office of the secretary, and by notice once weekly for20
two weeks prior to implementation, in the newspapers of general circulation in the21
coastal zone.22
* * *23
§440. Standard measurements; barrel24
A. In all of the operations of the department, the standard measurement of25
the barrel referred to herein in this Section shall be 6451.26 cubic inches, which26
approximately represents the cubic contents of three bushels, or one barrel; one sack27
represents 3225.63 cubic inches or one and one-half bushels or one-half barrel.28 ENROLLEDHB NO. 1046
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B. All shucked oysters shall be labeled and packaged as required pursuant1
to the National Shellfish Sanitation Program and the National Institute of Standards2
and Technology.3
C. All licensed oyster captains, harvesters, or certified wholesale/retail4
dealers of shell stock and shucked oyster products shall verify that the oysters being5
sold adhere to the measurement standards required by this Section.6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: