La. Stat. tit. 40 § 5.5.4

Current with changes from the 2024 legislative session effective on or before 7/1/2024, from Acts 2,3, 6-535, and 580-647

Section 40:5.5.4 - [Effective 1/1/2025] Imported crawfish and shrimp; notice to patrons of food service establishments required

Any food service establishment that uses a menu as a standard business practice and sells or provides cooked or prepared crawfish or shrimp that originate outside of the United States shall display the following disclaimer in a clearly visible location on the menu:

"Some items served at this establishment may contain imported crawfish or shrimp. Ask for more information."

(1) Any food service establishment that does not use a menu as a standard business practice and sells or provides cooked or prepared crawfish or shrimp that originate outside of the United States shall display the following disclaimer on a sign posted at the main entrance to the establishment:

"Some items served at this establishment may contain imported seafood.

Ask for more information."

(2) Each sign shall be at least eighteen inches tall and eighteen inches wide and shall be written in the English language in letters not less than one inch in size. The sign shall be placed in an open area and in a conspicuous position not less than thirty-six inches from the floor so that it is visible to all patrons.

(1) No owner or employee of a restaurant or other retailer that sells imported seafood shall misrepresent to the public, either verbally, on a menu, or on signs displayed on the premises, that the crawfish or shrimp being sold is domestic.

(2) All representations, notices, and declarations made to the general public under this provision shall state clearly whether or not the crawfish or shrimp being sold to the consumer at the point of purchase is either domestic or imported.

D. For any seafood that is sold unpackaged, a food establishment shall clearly display the country of origin in a manner that is easily visible to the consumer.

(1) The Louisiana Department of Health shall be responsible for ensuring compliance with this Section. Any violation of this Section shall constitute a violation of the state Sanitary Code. The department shall issue fines for violations of this Section as follows:

(a) For a first offense, a fine of not less than two hundred dollars and not more than five hundred dollars per violation. The department, in its discretion, may provide an opportunity for corrective action in lieu of a fine for a first offense.

(b) For a second offense, a fine of not less than five hundred dollars and not more than one thousand dollars per violation.

(c) For a third and subsequent offense, a fine of not less than one thousand dollars and not more than two thousand dollars per violation.

(2) Notwithstanding any provision of law to the contrary, including R.S. 40:6(D), prior issuance of a notice of violation or compliance order shall not be a prerequisite to imposing the fines authorized by this Subsection, which may be imposed by issuance of a notice and order of imposition of penalties. The notice shall state with specificity the nature of the violation, shall be served on the violator by any means authorized by the Sanitary Code, and shall be subject to the same administrative appeal procedures and delays as provided for compliance orders in the Sanitary Code.

F. The department shall establish a reporting mechanism for members of the public to report suspected violations of this Section.

G. Reports to the department of suspected violations may be made anonymously. No person who in good faith reports a suspected violation to the department shall be liable for any civil damages. This Subsection shall not exempt from liability those individuals who intentionally cause damages to another individual, business, or entity.

H. The Louisiana Department of Health shall promulgate all such rules in accordance with the Administrative Procedure Act as are necessary to enforce the provisions of this Section.

I. For purposes of this Section, "food service establishment" shall mean any establishment provided for in R.S. 40:5.5 and any seafood market, grocer, vehicle, or other entity or person that sells food directly to the public for consumption.

La. R.S. § 40:5.5.4

Acts 2019, No. 372, §1, eff. June 19, 2019.

Amended by Acts 2024, No. 148,s. 3, eff. 1/1/2025.

Added by Acts 2019, No. 372,s. 1, eff. 6/20/2019.

This section is set out more than once due to postponed, multiple, or conflicting amendments.