Louisiana § RS 40:4.9.1 - Louisiana Small Wild Catfish Processor's Act; preparation for direct sale to the consuming public

§ RS 40:4.9.1. 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".

            Acts 2023, No. 209, §1.