Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

            A. Notwithstanding any provision of the state Sanitary Code or any other law or regulation to the contrary, it shall be lawful for retail food establishments to receive and prepare any freshwater or saltwater recreational fish as defined in La. Rev. Stat. 56:8 or alligator as provided in this Section.

            B.(1) The secretary of the Department of Wildlife and Fisheries is hereby authorized to establish the Louisiana Catch and Cook Program, whereby a retail food establishment is authorized to prepare any fish legally taken by a licensed recreational fisherman or any alligator legally taken by a licensed alligator hunter for consumption by that recreational fisherman or alligator hunter or any person in the fisherman’s or hunter’s party.

            (2) The program shall be established through the promulgation and adoption of rules and regulations in conjunction with the Louisiana Department of Health and in accordance with the Administrative Procedure Act. Such rules and regulations shall include but are not limited to the following which shall be enforced by Louisiana Department of Health, office of public health:

            (a) The retail food establishment shall complete, date, and have the recreational fisherman or alligator hunter who brings the fish or alligator in for preparation sign an assumption of risk form. The completed, dated, and signed form shall be maintained at the establishment for a period of no less than ninety days. The establishment shall provide the completed forms to the state health officer upon request.

            (b) The retail food establishment shall receive only fish or alligator meat that has been cleaned, filleted, placed in clean, food-grade, single-service packaging, and properly refrigerated.

            (c) The retail food establishment shall inspect the fish or alligator for freshness and proper receiving temperature.

            (d) The fish or alligator shall be properly labeled with the date, time, and name of the recreational fisherman or alligator hunter.

            (e) The retail food establishment shall store, prepare, and otherwise handle the fish or alligator separately from products being prepared for and served to the general public.

            (f) The retail food establishment shall store, prepare, and otherwise handle the fish or alligator in compliance with provisions of the state Sanitary Code.

            (g) The retail food establishment shall prepare and serve the fish to the recreational fisherman or alligator to the alligator hunter or any person in the fisherman’s or hunter’s party within four hours of receipt of the fish or alligator.

            (h) Containers, preparation tables, cutting boards, utensils, and other food preparation equipment used to prepare and serve the fish or alligator shall be properly cleaned and sanitized in accordance with provisions of the state Sanitary Code prior to use preparing foods to serve to the general public.

            (i) The fish or alligator shall be served directly to the recreational fisherman or alligator hunter or any person in the fisherman’s or hunter’s party immediately upon the completion of cooking and shall not be served to the general public.

            C. Any retail food establishment that wishes to participate in the Louisiana Catch and Cook Program shall apply to the Department of Wildlife and Fisheries to be issued a participation permit by the department. There shall be no fee for the application process or permit. The permit may be suspended or revoked by the department for any violation of the rules and regulations of this program. The Department of Wildlife and Fisheries shall provide the name and location of each participating retail food establishment to the Louisiana Department of Health, office of public health, upon request.

            Acts 2014, No. 577, §1; Acts 2016, No. 241, §1.