HLS 14RS-2550 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1148
BY REPRESENTATIVE LORUSSO
SANITARY CODE: Provides with respect to certain food service establishment permits
AN ACT1
To amend and reenact R.S. 40:5.5(C)(introductory paragraph) and to repeal R.S.2
40:5.5(C)(6), relative to food service establishments; to require an employee of a3
food service establishment hold a food safety certificate; to require an employee of4
a mobile food service establishment hold a food handler certificate; to repeal an5
outdated provision; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:5.5(C)(introductory paragraph) is hereby amended and reenacted8
to read as follows: 9
ยง5.5. Sanitary inspections of certain restaurants; food safety certificates10
* * *11
C. On or after January 1, 1999, the The state health officer and the office of12
public health of the Department of Health and Hospitals shall require, at a minimum,13
the owner or a designated employee of a food service establishment to hold a food14
safety certificate; however, prior to June 30, 2015, the state health officer and the15
office of public health of the Department of Health and Hospitals shall not require16
more than one owner or employee per establishment to hold a food safety certificate.17
Beginning June 30, 2015, the state health officer and the office of public health of18
the Department of Health and Hospitals may require a designated manager, or19
equivalent person in charge, who holds a current food safety certificate be physically20
present at each location of a food service establishment during hours of operation.21 HLS 14RS-2550 ORIGINAL
HB NO. 1148
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
If the food service establishment's permit is issued pursuant to the provisions of the1
Department of Health and Hospital's rules and regulations for mobile food2
establishments, mobile retail food stores and markets, and pushcarts, at least one3
employee of the food service establishment who holds a food handler certificate or4
its equivalent shall be present at the food service establishment. Provisions for the5
issuance and renewal of such certificate the certificates required by this Subsection6
shall be made part of the state's sanitary code in accordance with the provisions of7
R.S. 40:4 and the following:8
* * *9
Section 2. R.S. 40:5.5(C)(6) is hereby repealed in its entirety.10
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)]
Lorusso HB No. 1148
Abstract: Requires employees of food service establishments to have a food safety
certificate or a food handler certificate.
Present law requires, at a minimum, the owner or a designated employee of a food service
establishment to hold a food safety certificate; however, the state health officer and the
office of public health of the Dept. of Health and Hospitals (DHH) shall not require more
than one owner or employee per establishment to hold a food safety certificate.
Proposed law retains present law but provides a sunset date of June 30, 2015 for the
prohibition on requiring more than one owner or employee to hold a food safety certificate.
Proposed law authorizes, beginning June 30, 2015, the state health officer and the office of
public health of DHH to require a designated manager, or equivalent person in charge, who
holds a current food safety certificate be physically present at each location of a food service
establishment during hours of operation.
Proposed law requires, if the food service establishment's permit is issued pursuant to the
provisions of DHH's rules and regulations for mobile food establishments, mobile retail food
stores and markets, and pushcarts, at least one employee of the food service establishment
who holds a food handler certificate or its equivalent to be present at the food service
establishment.
Present law provides that any food service establishment whose food sales are less than
$125,000 annually shall not be required to comply with present law until July 1, 2002.
Proposed law repeals present law.
(Amends R.S. 40:5.5(C)(intro. para.); Repeals R.S. 40:5.5(C)(6))