1.Size of lobster meat. A person may not possess any tail section of lobster meat removed from the shell except in accordance with rules adopted
by the commissioner.
[
2003, c. 452, Pt. F, §30 (AMD);
2003, c. 452, Pt. X, §2 (AFF)
.]
1-A.Adjustment. Notwithstanding subsection 1, the commissioner shall specify by rule the legal size of lobster meat tail sections in conformity
with the minimum legal lobster size in effect.
[
1985, c. 677, §§5-7 (NEW)
.]
2.Condition of lobster meat. A person may not:
A. Remove a tail section of lobster meat from the shell unless it is removed whole and intact; or [2003, c. 452, Pt. F, §31 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. Possess any tail section of lobster meat removed from the shell that is not whole and intact. [2003, c. 452, Pt. F, §31 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
[
2003, c. 452, Pt. X, §2 (AFF);
2003, c. 452, Pt. F, §31 (RPR)
.]
3.Hotels and restaurants may cut up tail sections for serving; prima facie evidence. Hotels and restaurants may cut up tail sections of lobster meat on the premises immediately prior to and for the purpose
of serving it to customers. If cut up tail sections of lobster meat are found under refrigeration in a hotel or restaurant,
and they are unmixed with any other food, it is prima facie evidence that the tail sections were not immediately to be served
to customers as provided in this section.
[
1977, c. 661, §5 (NEW)
.]
4.Exception for wholesale dealer. The holder of a wholesale seafood license may, at his regular establishment, cut up lobster tail sections immediately prior
to and for the purpose of preserving, canning or freezing them as processed stews, pies, salads, newburgs or chowders.
[
1977, c. 661, §5 (NEW)
.]
5.Exception for personal use. Any person may cut up tail sections of lobster at his home immediately prior to and for the purpose of personal use.
[
1977, c. 661, §5 (NEW)
.]
5-A.Exception for hermetically sealed containers. This section shall not apply to hermetically sealed containers.
[
1981, c. 433, §11 (NEW)
.]
5-B.Exception for certain packages. This section shall not apply to frozen or canned lobster meat if the person possessing it:
A. Is not the first person offering it for sale in this State and maintains records indicating from whom the lobster meat was
purchased; and [1987, c. 753, §1 (NEW).]
B. Did not pack the container or know that it contains lobster meat in violation of subsection 1 or 2. [1987, c. 753, §1 (NEW).]
[
1987, c. 753, §1 (NEW)
.]
5-C.Exception for certain lobster meat. This section does not apply to lobster meat processed under a lobster tail permit issued under section 6862.
[
1999, c. 26, §4 (NEW)
.]
6.Prima facie evidence. If cut up tail sections of lobster meat are found at an establishment, which is engaged in selling, processing or transporting
food in any manner for human consumption, it shall be prima facie evidence that the same were not cut up immediately prior
to and for the purpose of personal use.
[
1977, c. 661, §5 (NEW)
.]
7.Violation. The penalty for violation of this section shall be the same as that provided under section 6431, subsection 7.
[
1977, c. 661, §5 (NEW)
.]
SECTION HISTORY
1977, c. 661, §5 (NEW).
1981, c. 433, §11 (AMD).
1985, c. 677, §§5-7 (AMD).
1987, c. 753, §1 (AMD).
1991, c. 390, §9 (AMD).
1999, c. 26, §4 (AMD).
2003, c. 452, §§F30,31 (AMD).
2003, c. 452, §X2 (AFF).
Data for this page extracted on 10/22/2009 03:22:18.