La. Admin. Code tit. 76 § I-709

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-709 - Monitoring and Enforcement

A. Upon submission of permit application, LDWF shall validate the applicant's required licenses and permits and check for any LWSCP related convictions. Any violations found shall be treated in a manner consistent with Section E of this provision

B. Program applicable LDWF, LDHH, and LDAF violations shall be reported to LWSCP program monitors on a regular basis. Any convictions found shall be treated in a manner consistent with Section E of this provision.

C. Product containing the LWSCP label, and all required records associated with such product, must be made available upon request of any LDWF, LDAF, or LDHH agent for inspection and sampling to ensure certification standards are being followed. Failure to comply shall result in removal of the product from the market [R.S. 56:578.15(B)] and shall be considered a record keeping violation as described in Section E of this provision.

D. Product samples may be taken to conduct DNA or protein based country of origin tests. Discovery of any foreign product shall be considered as commingling under Section E of this provision and may result in fines and penalties notwithstanding those associated with LWSCP.

E. LWSCP Violations

1. Any violation of the above LWSCP program rules shall constitute a class 1 violation under the authority of R.S. 56:23. The provisions of this Section do not exempt any person from other laws, rules, regulation, and license requirements for this or other jurisdictions.

2. If any required licenses or permits (LDWF, LDAF, LDHH) are revoked or temporarily suspended, the participant shall be automatically removed from the LWSCP and shall not be able to use the LWSCP logo. When the license(s) or permit(s) are reinstated, participant can be reinstated into the LWSCP via the renewal application process.

a. The following program violations involving LWSCP-labeled seafood products shall result in its seizure:

i. commingling non-certified seafood with certified seafood;

ii. intentional misrepresentation of program seafood;

iii. any trademark infringement practices with LWSCP trademark and trade name;

iv. fraudulent trip tickets and/or record keeping; and

v. short weight violations.

b. Any seizures or forfeitures of LWSCP-labeled seafood product or materials shall be disposed of in accordance with LAC 76:I.305.B.

4. The department shall not issue a permit or register a product to any person convicted of the following offenses for the specified length of time from date of conviction.

Offense	Ineligible Period
Commingling non-certified seafood into certified program packaging	36 months
Misrepresentation of program seafood	36 months
Any trademark infringement practices with LWSCP trademark and trade name	36 months
Falsification or lack of trip tickets or other sales records, invoices, or bills of lading required by the program	36 months
Submission of fraudulent LWSCP application	36 months
Short weights	First offense 12 months; second offense 36 months
Scale tampering	First offense 12 months; second offense 36 months
Not adhering to labeling guidelines	First offense 12 months; second offense 36 months

La. Admin. Code tit. 76, § I-709

Promulgated by the Department of Wildlife and Fisheries, Office of the Secretary, LR 38:2001 (August 2012), repromulgated LR 38:2566 (October 2012), amended by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 40:805 (April 2014), repromulgated LR 40:1392 (July 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:578.15, R.S. 56:23, and 56:301.4.