la-202610-7c4d7d1711: Bulk Oyster Tagging

Department of Health Office of Public Health Bulk Oyster Tagging (LAC 51:IX.323) Under the authority of R.S. 40:4 and 40:5 and in accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the surgeon general, acting through the Department of Health, Office of Public Health (LDH-OPH), intends to amend Chapter 3 (Preparation and Handling of Seafood for Market) of Part IX (Marine and Fresh Water Animal Food Products) of Title 51. The changes to Part IX modify existing rule language to allow for the use of “bulk tags” on a vessel transporting shellfish in lieu of individual sack tags. These provisions address the requirements to implement a bulk-tagging system in order to comply with Act 324 of the 2026 Regular Session of the Louisiana Legislature. The proposed Rule text below has been drafted utilizing plain language principles to ensure clarity and accessibility for all users. It has also been reviewed and tested for compliance with web accessibility standards. Title 51 PUBLIC HEALTH—SANITARY CODE Part IX. Marine and Fresh Water Animal Food Products Chapter 3.Preparation and Handling of Seafood for Market §323.Tags[formerly paragraph 9:051] A.… B.[formerly paragraph 9:051-1] The initial tagging of the shell-stock shall be performed by the harvester before the shell-stock are removed from the harvester's boat. Except as otherwise provided for in this Section, in the event that shell-stock are harvested from more than one growing area on a given day, the shell-stock shall be sacked and tagged before leaving from the growing area from which the shell-stock was harvested. Except as specified in C.5 of this Section, the harvester's tags shall contain legible information as follows: B.1. - C.4.… 5.A yellow tag indicates that the shell-stock is in transit to or from an aquaculture farm; use of yellow tags is subject to the following requirements: a.yellow tags may only be used by holders of aquaculture permits issued by the Louisiana Department of Health; b.harvesters are required to specify on the trip log that yellow tags are being used for taking the bulk lot from the farm for on-shore handling or for taking the bulk lot from the on-shore facility back to the farm; c.yellow tags must be attached to the harvester log until the lot in question is either completely re-containerized for market or returned to the farm; d.yellow tags must include the following information: i.the dealer's name, address, certification number assigned by the Department of Health and the original shell-stock shipper's number, if different from the dealer’s number; ii.the harvester's identification number assigned by the Department of Wildlife and Fisheries; iii.the date of harvesting; iv.harvest area as defined by the Office of Public Health; v.type and quantity of shellfish; vi.the number of containers in the bulk lot. e.yellow tags must bear the following statements: i.(in bold type)“KEEP PRODUCT REFRIGERATED”; and ii.“There may be a risk associated with consuming raw shellfish as is the case with other raw protein products. If you suffer from chronic illness of the liver, stomach or blood or have other immune disorders, you should eat these products fully cooked.” AUTHORITY NOTE:Promulgated in accordance with R.S. 40:4(A)(1), R.S. 40:5(2)(3)(5)(7)(15), R.S. 40:5.3, and R.S. 56:449(C). HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1308 (June 2002), amended LR 28:1591 (July 2002), LR 33:850 (May 2007), LR 40:1009 (May 2014), amended by the Department of Health, Office of Public Health, LR 48:1853 (July 2022), repromulgated LR 48:2142 (August 2022), amended LR 53: Family Impact Statement In compliance with Act 1183 of the 1999 Regular Session of the Louisiana Legislature, the impact of this proposed Rule on the family has been considered. It is anticipated that this proposed Rule will have no impact on family functioning, stability and autonomy as described in R.S. 49:972. Poverty Impact Statement In compliance with Act 854 of the 2012 Regular Session of the Louisiana Legislature, the poverty impact of this proposed Rule has been considered. It is anticipated that this proposed Rule will have no impact on child, individual, or family poverty in relation to individual or community asset development as described in R.S. 49:973. Small Business Analysis In compliance with the Small Business Protection Act, the economic impact of this proposed Rule on small businesses has been considered. It is anticipated that this proposed Rule will have no impact on small businesses. Provider Impact Statement In compliance with House Concurrent Resolution (HCR) 170 of the 2014 Regular Session of the Louisiana Legislature, the provider impact of this proposed Rule has been considered. It is anticipated that this proposed Rule will have no impact on the staffing level requirements or qualifications required to provide the same level of service, no direct or indirect cost to the provider to provide the same level of service, and will have no impact on the provider’s ability to provide the same level of service as described in HCR 170. Public Comments Interested persons may submit written comments to Tiffany Meche, Center for Environmental Health, P.O. Box 4489, Baton Rouge, LA 70821-9030. Ms. Meche is responsible for responding to inquiries regarding this proposed Rule. The deadline for submitting written comments is November 24, 2026. Public Hearing Interested persons may submit a written request to conduct a public hearing by U.S. mail to the Office of the Secretary ATTN: LDH Rulemaking Coordinator, Post Office Box 629, Baton Rouge, LA 70821-0629; however, such request must be received no later than 4:30 p.m. on November 9, 2026. If the criteria set forth in R.S. 49:961(B)(1) are satisfied, LDH will conduct a public hearing at 9:30 a.m. on November 24, 2026, in Room 117 of the Bienville Building, which is located at 628 North Fourth Street, Baton Rouge, LA. To confirm whether a public hearing will be held, interested persons should first call Allen Enger at (225) 342-1342 after November 9, 2026. If a public hearing is to be held, all interested persons are invited to attend and present data, views, comments, or arguments, orally or in writing. Bruce D. Greenstein Secretary and Evelyn Griffith, MD Surgeon General FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Bulk Oyster Tagging I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) It is anticipated that implementation of this proposed rule will have no programmatic fiscal impact to the state other than the cost of promulgation for FY 27. It is anticipated that $391 SGF will be expended in FY 27 for the state’s administrative expense for promulgation of the proposed rule change and the final rule. The proposed rule change amends the Louisiana Administrative Code (LAC) 51:IX (Sanitary Code: Marine and Fresh Water Animal Food Products), Chapter 3 (Preparation and Handling of Seafood for Market), Section 323 (Tags [formerly paragraph 9:011]), pursuant to Act 324 of the 2026 RS to modify existing rule language to allow the use of “bulk tags” on vessels transporting shellfish in lieu of individual sack tags. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) It is anticipated that implementation of the proposed rule change will have no impact on state or local revenue collections, as the rule change does not alter the regulatory status of facility types from which the department collects fees. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTRED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) It is anticipated that implementation of the proposed rule change will have no impact on directly affected persons, small businesses, or non-governmental groups, as the rule change does not alter the regulatory status of facility types from which the department collects fees. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) The proposed rule has no known effect on competition and employment. Tonya O. JoinerAlan M. Boxberger Assistant SecretaryLegislative Fiscal Officer 2610#033Legislative Fiscal Office