Seafood; oyster aquaculture, licensees authorized to serve oysters at facility

Plain English Breakdown

The official text references Section 9-12-126 of the Code of Alabama for harvest restrictions but does not define what those specific restrictions are.

Allowing Oyster Farmers to Serve Free Samples

This law lets oyster farm licensees give free raw oysters for tasting at their own facilities, even if other rules usually require a permit.

What This Bill Does

• Allows oyster aquaculture licensees to harvest and shuck oysters from their facility without paying fees or getting extra permits just for sampling.
• Defines 'product tasting' as giving free oysters so customers can check the taste and texture before buying.
• Overrides other laws that might normally stop this activity, but only if those laws conflict with allowing these samples.
• Keeps all existing safety rules in place if the State Board of Health closes an area because the water is unsafe.

Who It Names or Affects

• Oyster aquaculture licensees who run oyster farms
• Customers visiting those facilities to taste samples

Terms To Know

Product tasting

Giving free oysters so people can sample the quality, such as taste and texture.

Oyster aquaculture licensee

A person or business with a license to grow and harvest oysters in Alabama waters.

Limits and Unknowns

• This law does not allow harvesting if the State Board of Health has closed an area due to unsafe water conditions.
• The rule only applies at the specific aquaculture facility where the licensees operate, not in other locations.

Official Summary Text

This act authorizes oyster aquaculture licensees to harvest, shuck, and serve oysters from the aquaculture facility at no cost for sampling to determine the qualities of the oyster, except as provided by laws and rules to the contrary authorizing the State Board of Health to close oyster harvesting in unsafe waters.

Current Bill Text

HB277 ENROLLED
Page 0
HB277
ZQ995KR-2
By Representatives Wilcox, Brown, Simpson
RFD: Ports, Waterways and Intermodal Transit
First Read: 15-Jan-26
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HB277 Enrolled
Page 1
First Read: 15-Jan-26
Enrolled, An Act,
Relating to serving oysters; to authorize oyster
aquaculture licensees to harvest and serve oysters from the
aquaculture facility for product tasting.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this section, the term
"product tasting" means providing oysters at no cost to the
consumer for sampling to determine the qualities of the
oysters such as taste and texture.
(b) Notwithstanding any law or rule to the contrary,
including a permit or licensure requirement, an oyster
aquaculture licensee may harvest, shuck, and serve oysters
from the aquaculture facility for product tasting.
(c) Subsection (b) shall not be construed to exempt the
harvest of oysters from any harvest restrictions levied
pursuant to Section 9-12-126, Code of Alabama 1975.
Section 2. This act shall become effective on October
1, 2026.
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HB277 Enrolled
Page 2
1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 27-Jan-26.
John Treadwell
Clerk
Senate 05-Mar-26 Passed
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