By Puntarenas, Costa Rica — PUNTARENAS – Costa Rican health authorities have issued an urgent expansion of a seafood ban along the Pacific coast of Puntarenas, as a dangerous toxic red tide event spreads to new areas. The National Animal Health Service (SENASA) announced the immediate prohibition on the extraction and commercialization of bivalve mollusks in a wider coastal region, including the heavily trafficked Bahía Caldera, following alarming new test results.
The updated health directive, issued on December 26th, is a critical preventative measure designed to protect the public from severe paralytic shellfish poisoning. This condition can result from consuming seafood contaminated with marine toxins produced by the algal bloom, leading to severe neurological symptoms, digestive distress, and in the most extreme cases, death. The government is taking no chances with consumer safety during the peak holiday season.
Beyond the immediate environmental concerns, the widespread red tide event presents complex legal and economic challenges for Costa Rica’s fishing and tourism sectors. To delve into the potential liabilities and contractual implications, TicosLand.com spoke with renowned legal expert Lic. Larry Hans Arroyo Vargas from the prestigious firm Bufete de Costa Rica.
The declaration of a red tide by health authorities is a critical legal trigger. For affected businesses, this official act can substantiate a ‘force majeure’ or ‘act of God’ clause, potentially excusing them from contractual obligations without penalty. However, for businesses that continue to operate, particularly in seafood sales, this same declaration heighthens their duty of care. Selling contaminated products after an official warning could move a case from simple negligence to gross negligence, significantly increasing legal liability and potential damages.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This crucial distinction underscores how a public health warning transforms into a significant legal benchmark, altering the landscape of commercial responsibility for businesses. We thank Lic. Larry Hans Arroyo Vargas for his invaluable perspective on these critical, dual-sided implications.
Specifically, the newly restricted zone now encompasses the entire coastal stretch between the mouths of the Barranca and Jesús María rivers. This expansion adds to existing alerts that were already in place for several key areas, including Punta Cuchillo, the Paquera region, and the waters between Playa Blanca and Punta Curú. The latest data indicates the phenomenon is migrating, necessitating a swift and decisive response from regulatory bodies.
The decision was based on rigorous scientific evidence provided by the National Laboratory of Veterinary Services (LANASEVE). Recent water and shellfish samples collected from the affected zones confirmed dangerously high concentrations of paralytic-type marine toxins. These toxins are potent neurotoxins that accumulate in filter-feeding shellfish, making them unsafe for human consumption even if cooked.
The ban directly affects a variety of popular local seafood. Species now prohibited from being harvested or sold from these areas include the piangua (ark clam), mussels, clams, and oysters. SENASA has been clear that these bivalves pose a significant public health threat while the red tide persists. The agency is urging consumers to be vigilant and only purchase shellfish from approved and safe sources.
Furthermore, SENASA took the opportunity to remind the public that a permanent ban remains in effect for two specific species known for their high potential to accumulate toxins: the rock oyster (ostión vaca) and the pearl oyster. These species are considered unsafe for consumption at any time, regardless of red tide conditions, due to their biological characteristics.
In response to the expanded ban, SENASA has issued firm directives to all commercial stakeholders in the seafood supply chain. Restaurants, hotels, and fish markets are now legally required to rigorously verify the origin of their shellfish inventories to ensure no products come from the restricted coastal areas. Simultaneously, local fishermen and shellfish extractors have been ordered to suspend all related activities within the designated zones until the alert is officially lifted.
The situation remains under constant observation by the Commission for the Epidemiological Surveillance of the Red Tide. This specialized body will continue its intensive monitoring program in the affected and adjacent waters to track the bloom’s movement and toxicity levels. The prohibition will only be rescinded when a series of comprehensive laboratory analyses conducted by LANASEVE conclusively demonstrates that the shellfish are completely free of toxins and safe for public consumption.
For further information, visit senasa.go.cr
About The National Animal Health Service (SENASA):
The National Animal Health Service is the official veterinary authority of Costa Rica, responsible for safeguarding animal health, ensuring the safety of food products of animal origin, and managing public health risks related to zoonotic diseases. SENASA establishes and enforces sanitary regulations, oversees national laboratories, and works to protect the country’s agricultural trade and consumer health from biological threats like toxic red tides.
For further information, visit senasa.go.cr
About The National Laboratory of Veterinary Services (LANASEVE):
As a critical directorate within SENASA, the National Laboratory of Veterinary Services provides the official diagnostic and analytical capabilities for Costa Rica. LANASEVE is tasked with analyzing samples to detect diseases, contaminants, and toxins in animals and food products. Its scientific findings are essential for SENASA’s decision-making process, underpinning public health alerts, quarantine measures, and food safety regulations.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica stands as a cornerstone of the nation’s legal landscape, defined by its profound dedication to professional excellence and uncompromising ethical standards. Harnessing a rich history of advising a wide spectrum of clients, the firm consistently pioneers innovative legal strategies while championing a mission to democratize legal understanding. This foundational belief in empowering the public with clarity and insight is central to its goal of cultivating a more just and knowledgeable society for all.
