ENROLLED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 40
Regular Session, 2010
HOUSE BILL NO. 430
BY REPRESENTATIVE PUGH AND SENATORS LONG, NEVERS, RISER, SMITH,
THOMPSON, AND WAL SWORTH
AN ACT1
To amend and reenact R.S. 3:730.8 and to enact R.S. 3:730.9, relative to the labeling of2
strawberries offered for sale; to provide for farm of origin labeling; to provide for3
rules and regulations; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 3:730.8 is hereby amended and reenacted and R.S. 3:730.9 is hereby6
enacted to read as follows:7
§730.8. Labeling of strawberries; rules and regulations8
A. All strawberries offered for sale shall have a stamp or label affixed to the9
container or package identifying its farm of origin.10
B. The board shall adopt rules and regulations as are necessary to implement11
the provisions of this Section.12
§730.9. Offenses; penalty13
A. Any person who violates any of the provisions of this Part or the rules and14
regulations adopted under the provisions of this Part or who alters, forges, or15
counterfeits, or uses without authority any certificate or permit or other document16
provided for in this Part or in the rules or regulations adopted under the provisions17
of this Part or who fails to collect or to timely pay the assessments or penalties due18
under this Part shall be subject, in addition to any unpaid assessments, late fees, or19
collection costs, to a civil penalty of not more than five hundred dollars for each act20
of violation and for each day of violation. Each day on which a violation occurs21
shall be a separate offense.22 ENROLLEDHB NO. 430
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. Penalties may be assessed only by a ruling of the commissioner based1
upon an adjudicatory hearing held in accordance with the provisions of the2
Administrative Procedure Act and this Part as follows:3
(1) The board shall be convened by the commissioner for the purpose of4
hearing any alleged violation of this Part or any rule and regulation adopted pursuant5
to this Part.6
(2) The commissioner shall appoint a hearing officer to preside over the7
hearing.8
(3) The board shall make an initial determination on the matter. This9
determination shall be submitted to the commissioner in writing.10
(4) The commissioner shall make the final determination on the matter. If11
the determination of the commissioner differs from the determination of the board,12
the commissioner shall issue a written opinion based on the record of the hearing.13
C. In addition to civil penalties, the commissioner may assess the cost of the14
adjudicatory hearing against any person found to be in violation of this Part or the15
regulations adopted pursuant to this Part. The commissioner shall, by rule,16
determine the amount of costs to be assessed in adjudicatory hearings.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: