Louisiana § RS 3:4749.2 - Imported seafood; testing; penalties

§ RS 3:4749.2. Imported seafood; testing; penalties

            A. 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, 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) The department may sample, analyze, and 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 may issue a civil penalty 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 civil penalties on the commercial seafood processor or distributor:

            (1) For a first offense, a fine of not more than fifteen thousand dollars per violation.

            (2) For a second offense, a fine of not more than twenty-five thousand dollars per violation.

            (3) For a third or subsequent offense, a fine of not more than fifty thousand dollars per violation.

            E.(1) Civil penalties may be assessed only by a ruling of the commissioner based upon an adjudicatory hearing held by the Louisiana Commission of Weights and Measures pursuant to R.S. 3:4605.

            (2) In addition to civil penalties, the commissioner may assess the proportionate costs of the adjudicatory hearing against the offender. The commissioner shall determine the amount of costs to be assessed.

            (3) The commissioner may institute civil proceedings to enforce his rulings in the district court for the parish in which the violation occurred.

            (4) The commissioner may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of this Part, or of the rules and regulations adopted under the provisions of this Part, in the district court for the parish in which the violation occurred.

            F. Any civil penalties collected pursuant to this Section shall be deposited into the Weights and Measures Fund provided for in R.S. 3:4622.

            Acts 2025, No. 300, §2, eff. June 11, 2025.