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Regular Session, 2012
HOUSE BILL NO. 817
BY REPRESENTATIVE KATRINA JACKSON
AGRICULTURE: Clarifies the labeling of organic food
AN ACT1
To amend and reenact R.S. 40:608.3, relative to organic food; to clarify the misbranding of2
certain food; to provide for the labeling of organic food; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:608.3 is hereby amended and reenacted to read as follows: 6
ยง608.3. Labeling of organic food 7
A. No person shall use the term "organic food" or any derivative of the term8
"organic" in the labeling or advertising of a food, unless the growth and composition9
of such food product meets the following requirements: 10
(1) The organic food is grown, raised, or composed of ingredients that were11
grown or raised without the use of synthetic fertilizers, pesticides, hormones,12
antibiotics, growth stimulants, and arsenicals. Other natural substances, such as13
diatomaceous earth, soaps, elemental sulfur, lime sulfur, and basic copper sulfate,14
may be used in the growing of organic food. 15
(2) Soil on which organic food is grown or raised shall be free of synthetic16
fertilizers, pesticides, hormones, antibiotics, growth stimulants, and arsenicals for at17
least one year prior to planting. 18
B. Under the provisions of this Section, "organic food" means any food19
product, including meat, dairy products, and beverages, that is marketed using the20
term "organic" or any derivative of the term "organic" in its labeling or advertising.21 HB NO. 817
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C. Every grower and manufacturer of any product identified as organic shall1
provide the Department of Agriculture and Forestry, upon demand, with relevant2
information which is required pursuant to the provisions of this Section. 3
D. The Department of Agriculture and Forestry may withhold from sale or4
trade any product sold, labeled, or advertised in violation of this Section. 5
E. The Department of Agriculture and Forestry may adopt rules and6
regulations, including emergency rules, necessary to clarify organic food standards7
and marketing practices under the provisions of this Section. 8
F. The provisions of this Section shall be implemented only when funds are9
appropriated for that purpose. 10
G. Any person violating the provisions of this Section shall be subject to a11
civil fine of not more than five hundred dollars, and each such violation shall12
constitute a separate offense. requirements contained in the Code of Federal13
Regulations 7 CFR Part 205, the National Organic Program Standards. 14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Katrina Jackson HB No. 817
Abstract: Clarifies the labeling of organic food to conform to the requirements of the
National Organic Program Standards within the Code of Federal Regulations.
Present law prohibits the use of the term"organic food" or its derivative in the labeling of
certain food unless the growth and composition meet the following requirements:
1. The organic food was grown, raised or composed of ingredients that were grown or raised
without the use of synthetic fertilizers, pesticides, hormones, antibiotics, or growth
stimulants. Allows other natural substances for use in growing organic food.
2. Soil used in growing organic food must be free of synthetic fertilizers, pesticides,
hormones, antibiotics, or growth stimulants for at least 1 year prior to planting.
Present law provides that "organic food" means any food product marketed using the term
"organic" or its derivative in labeling or advertising.
Present law allows the LDAF to, upon demand, be provided with certain information by
growers of any product identified as organic.
Present law allows the LDAF to withhold from sale any product mislabeled according to the
provisions of present law. HB NO. 817
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Present law allows LDAF to adopt rules and regulations necessary to clarify organic food
standards.
Present law provides for civil fine penalties for each violation of present law.
Proposed law replaces all requirements for use of the term "organic food" or its derivative
in regards to labeling or advertising with requirements contained in the Code of Federal
Regulations 7 CFR Part 205, the National Organic Program Standards.
(Amends R.S. 40:608.3)