HLS 15RS-1064 ENGROSSED
2015 Regular Session
HOUSE BILL NO. 331
BY REPRESENTATIVE BERTHELOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ALCOHOLIC BEVERAGES: Transfers the labeling review authority for alcoholic
beverages
1 AN ACT
2To amend and reenact R.S. 40:627(A) and to enact R.S. 26:793(D) and R.S. 40:627(E),
3 relative to alcoholic beverage labels; to transfer the authority for the registration and
4 label review of alcoholic beverages; to provide for administrative rules; and to
5 provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 26:793(D) is hereby enacted to read as follows:
8 §793. Additional powers of the commissioner
9 * * *
10 D.(1) The commissioner shall provide by rule for the registration, including
11 submission and review of the container label, of all alcoholic beverages prior to
12 being sold in this state.
13 (2) The commissioner may require the use of an electronic submission
14 system by any person submitting an alcoholic beverage for registration and review.
15 (3) The submission of a Certificate of Label Approval prepared in
16 compliance with the requirements of the Alcohol and Tobacco Tax and Trade Bureau
17 shall constitute satisfactory compliance for the registration of products and labels
18 pursuant to this Subsection, and the registration shall become effective upon
19 submission of a completed application.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1064 ENGROSSED
HB NO. 331
1 Section 2. R.S. 40:627(A) is hereby amended and reenacted and R.S. 40:627(E) is
2hereby enacted to read as follows:
3 §627. Registration of certain products
4 A. The Except as provided in Subsection E of this Section, the department
5 may require all manufacturers, packers, or proprietors of processed foods,
6 proprietary or patent medicines, prophylactic devices, and cosmetics, in package
7 form, to register each separate and distinct product annually with the department and
8 to supply it with a sample of each such product upon request.
9 * * *
10 E. This Section shall not apply to alcoholic beverages. For the purposes of
11 this Section, "alcoholic beverages" has the same meaning as assigned in R.S. 26:2
12 and 241.
13 Section 3. All administrative rules previously adopted by the Department of Health
14and Hospitals relative to the registration of or review of labels for alcoholic beverages shall
15remain in full force and effect until such time as the commissioner of the office of alcohol
16and tobacco control promulgates rules pursuant to this Act.
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)]
HB 331 Engrossed 2015 Regular Session Berthelot
Abstract: Transfers the registration and labeling review authority for alcoholic beverages
from Dept. of Health and Hospitals to the office of alcohol and tobacco control.
Present law requires all manufacturers, packers, or proprietors of processed foods,
proprietary or patent medicines, prophylactic devices, and cosmetics, in package form, to
register each separate and distinct product annually with the Dept. of Health and Hospitals.
Proposed law retains present law but adds an exemption for alcoholic beverages as defined
in present law.
Proposed law requires the commissioner of the office of alcohol and tobacco control to
provide by rule for the registration, including submission and review of the container label,
of all alcoholic beverages prior to being sold in this state.
Proposed law authorizes the commissioner to require the use of an electronic submission
system by any person submitting an alcoholic beverage for registration and review.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1064 ENGROSSED
HB NO. 331
Proposed law provides that the submission of a Certificate of Label Approval prepared in
compliance with the requirements of the Alcohol and Tobacco Tax and Trade Bureau shall
constitute satisfactory compliance for the registration of products and labels, and the
registration is effective upon submission of a completed application.
Proposed law requires all administrative rules previously adopted by the Dept. of Health and
Hospitals relative to the registration of or review of labels for alcoholic beverages to remain
in full force and effect until such time as the commissioner of the office of alcohol and
tobacco control promulgates rules pursuant to proposed law.
(Amends R.S. 40:627(A); Adds R.S. 26:793(D) and R.S. 40:627(E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Change the requirement from the submission of a catalog and specimens of
labels in compliance with the Federal Food, Drug, and Cosmetic Act to the
Submission of a Certificate of Labels Approval prepared in compliance with the
Alcohol and Tobacco Tax and Trade Bureau.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.