HLS 12RS-1179 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 884
BY REPRESENTATIVES CONNICK, ADAMS, GISCLAIR, HENRY, LEOPOLD, AND
LOPINTO
SEAFOOD: Enacts the Jefferson Parish Seafood Disclosure Law
AN ACT1
To enact Subpart K of Part II of Chapter 30 of Title 3 of the Louisiana Revised Statutes of2
1950, to be comprised of R.S. 3:4739 through 4744, relative to Jefferson Parish, to3
provide for an optional seafood marketing program, to provide for use of a4
certification mark, to provide for findings, definitions, terms, and enforcement; and5
to provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article III, Section 13 of the Constitution of8
Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Subpart K of Part II of Chapter 30 of Title 3 of the Louisiana Revised11
Statutes, comprised of R.S. 3:4739 through 4744, is hereby enacted to read as follows: 12
SUBPART K. JEFFERSON PARISH SEAFOOD DISCLOSURE LAW13
§4739. Short Title14
This Subpart shall be cited as the "Jefferson Parish Seafood Disclosure Law".15
§4740. Legislative findings16
A. The legislature finds that the seafood industry is a vital part of the17
Jefferson Parish economy and culture and has suffered greatly both locally and18
statewide after coastal disasters.19 HLS 12RS-1179 ORIGINAL
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B. The legislature finds that steps must be taken in order to promote,1
preserve, and protect the industry and way of life for Jefferson Parish residents who2
depend on local seafood as a means of financial support.3
C. The legislature finds that use of a sign in restaurants and retail4
establishments in Jefferson Parish indicating that the seafood is certified Louisiana5
will help foster the growth of the seafood industry and promote consumption of local6
seafood.7
D. The legislature deems it appropriate and in the best interests of Jefferson8
Parish, the state of Louisiana, and its citizens to adopt, appropriate, establish, and9
implement the use of and the term"Proud to Serve Certified Louisiana Seafood" as10
a certification mark in the form of a sign to be conspicuously placed in Jefferson11
Parish restaurants to promote consumption of Louisiana seafood; and to limit use of12
the sign to restaurants that serve seafood substantially connected to the state of13
Louisiana, in order to ensure that consumers are not deceived or confused as to the14
origin of the seafood.15
§4741. Definitions16
For purposes of this Subpart, the following terms shall have the meaning17
hereinafter ascribed to them, unless the context clearly indicates otherwise:18
1. "Louisiana coastal waters" shall have the same meaning as provided for19
in R.S. 49:214.23(4) in the coastal zone law.20
2. "Louisiana coastal zone" shall have the same meaning as provided for in21
R.S. 49:214.23(5).22
3. "Produced in Louisiana" means the process of manufacturing, planting,23
cultivating, growing, catching, or harvesting in Louisiana of Louisiana agriculture24
products, including such products produced in Louisiana coastal waters, the25
Louisiana coastal zone, and in the territorial waters of the state of Louisiana.26
"Produced in Louisiana" shall also mean the catching or harvesting of seafood in27
waters seaward of the territorial waters of the state by the holder of a Louisiana28 HLS 12RS-1179 ORIGINAL
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commercial fisherman's license who transports and sells his catch to a licensed1
Louisiana wholesale/retail seafood dealer located within the state of Louisiana.2
§4742. Adoption of terms and signage3
The term "Proud to Serve Certified Louisiana Seafood" and any other4
derivative or combination of the term is hereby adopted, appropriated, and5
established by the legislature as a certification mark to be owned by the state of6
Louisiana.7
§4743. Allowable use of the term "Proud to Serve Certified Louisiana Seafood"8
No person shall serve seafood in Jefferson Parish as "Certified Louisiana9
Seafood" unless the seafood is produced in Louisiana as defined by R.S. 3:4741(3).10
§4744. Enforcement11
A. Notwithstanding any other law to the contrary, the commissioner of12
agriculture and forestry is hereby authorized:13
(1) To take any and all actions to enforce this Subpart in Jefferson Parish in14
order to protect the term "Proud to Serve Louisiana Seafood" and any derivative or15
combination of the term as certification marks owned by the state of Louisiana.16
(2) To take any and all actions to prevent misuse and infringement of the17
certification marks.18
(3) To register, file, or otherwise record Louisiana's claim to the certification19
mark in any state, national, or international office as may be required or desirable in20
order to give full force and effect to said certification mark.21
B. In addition to the remedies provided in this Subpart, the commissioner of22
agriculture and forestry, when enforcing this Subpart, shall have all other remedies23
available to civil plaintiffs under law, including the right to seek injunctive relief.24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 12RS-1179 ORIGINAL
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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)]
Connick HB No. 884
Abstract: Creates an optional seafood marketing program known as the Jefferson Parish
Seafood Disclosure Law, which will allow the use of certain certification marks in
Jefferson Parish restaurants.
Proposed law creates the Jefferson Parish Seafood Disclosure Law through an optional
seafood marketing program which will allow parish restaurants to use adopted certification
marks.
Proposed law provides for definitions of La. coastal waters, La. coastal zone, and "Produced
in Louisiana".
Proposed law allows for the adoption, appropriation, and establishment of the term "Proud
to Serve Certified Louisiana Seafood" as a certification mark to be owned by the state.
Further allows for use of such term or derivative or combination of the term.
Proposed law authorizes the commissioner to enforce proposed law by taking any action to
protect term usage as state-owned certification marks, taking any action to prevent misuse
and infringement of certification marks, and registering or recording the certification marks
as necessary for full force and effect.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 3:4739-4744)