B.__Comes from legal-sized lobsters.

4.__Hotels and restaurants; customers.__A customer served a lobster at a hotel or restaurant may remove lobster meat and tail meat from the shell for consumption at that hotel or restaurant.

5.__Personal use.__A person may remove lobster meat and tail meat from the shell and cut up tail sections of lobster at that person's home for the purpose of personal use.

6.__Exceptions.__ This section does not apply to:

A.__Hermetically sealed containers; and

B.__Frozen or canned lobster meat if the person possessing it:

(1)__Is not the first person offering it for sale in this State and maintains records indicating from whom the lobster meat was purchased; and

(2)__Did not pack the container or know that it contained lobster meat in violation of this section.

7.__Rules.__The commissioner may adopt rules to implement this section.__The commissioner shall specify by rule the legal size for a lobster meat tail section to conform with the minimum legal lobster size in effect.__Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.

8.__Prima facie evidence.__The following prima facie evidence conditions apply:

A.__If any lobster meat that has been removed from the shell is found on the premises of any establishment that is engaged in the selling, serving, processing or transporting of food in any form for human consumption, it is prima facie evidence that the meat was removed for sale;

B.__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; and