La. Stat. tit. 40 § 31.35.1
Current with changes from the 2024 legislative session effective on or before 7/1/2024, from Acts 1-3, 6-671
Section 40:31.35.1 - Imported seafood; Department of Culture, Recreation and Tourism; testing; penaltiesA. In addition to any regulations and testing required by the Louisiana Department of Health to ensure compliance with the state Sanitary Code, any processor or distributor who is required to pay the imported seafood safety fee pursuant to R.S. 40:31.35(C) shall be subject to the regulations and testing provided for in this Section.B. Upon request of the Department of Culture, Recreation and Tourism, the processor or distributor shall: (1) Provide any information, if available, on whether the seafood has previously been tested in the country of origin or upon arrival in the United States.(2) Ensure all labels affixed to the imported or commingled seafood clearly indicates that it is imported, indicates the original country of origin, and if the product is commingled, that the label clearly indicates that the seafood is a product of the identified foreign country that also includes Louisiana domestic seafood.(3) Provide any additional information considered necessary by the department to implement the provisions of this Section. C.(1) Upon recommendation of the Seafood Safety Task Force, the department may test seafood processed or sold by an imported commercial seafood processor or distributor to ensure the chemical concentrations do not exceed the minimum standards established by the United States Food and Drug Administration.(2) If the seafood tested exceeds the minimum standards, the department shall report the test results to the Louisiana Department of Health and the processor or distributor. The Louisiana Department of Health shall consider any seafood reported pursuant to this Subsection to be an adulterated food pursuant to R.S. 40:607.(3) In addition to reporting the test results to the Louisiana Department of Health, the Department of Culture, Recreation and Tourism may issue a fine of not more than one thousand dollars for violations of this Subsection.D. If the department has reason to believe a commercial seafood processor or distributor is processing or distributing imported seafood packed or labeled as domestic seafood, the department may test the seafood to ensure the seafood is domestic. If the seafood is not domestic, the department may assess the following fines on the commercial seafood processor or distributor:(1) For a first offense, a fine of not more than one thousand dollars per violation.(2) For a second offense, a fine of not more than two thousand five hundred dollars per violation.(3) For a third offense, a fine of not more than five thousand dollars per violation.E. Any fines collected pursuant to this Section shall be deposited into the Imported Seafood Safety Fund established in R.S. 40:5.10.1.F. The department shall contract with the Louisiana Department of Agriculture and Forestry to sample, analyze, and test seafood as required by this Section.G. For purposes of this Section, the following definitions shall apply:(1) "Commingled" means to cause to blend together, mix, or combine domestic and imported seafood.(2) "Department" means the Louisiana Department of Culture, Recreation and Tourism.(3) "Distributor" means a person engaged in the purchasing, storing, shipping, and selling of seafood.(4) "Domestic" means raised, harvested, or caught in any of the fifty states of the United States or its territories and within the federal exclusive economic zone (EEZ) and landed in the United States.(5) "Imported" means raised, harvested, or caught outside of the federal exclusive economic zone (EEZ) or landed in a country other than the United States.(6) "Processor" means any plant or facility that has been permitted by the Louisiana Department of Health to clean, shuck, pick, peel, or pack seafood.(7) "Seafood" means fish and edible crustaceans, excluding domestic catfish, live crawfish, and live crabs.Added by Acts 2024, No. 667,s. 1, eff. 6/18/2024.