The original instrument was prepared by Curry J. Lann. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Linda
Nugent.
DIGEST
SB 256 Reengrossed 2017 Regular Session Thompson
Proposed law provides for the following definitions:
(1)"Commissioner" means the La. commissioner of agriculture and forestry.
(2)"Covered produce farm" means any farm engaged in the growing, harvesting, packing, or
holding of produce for human consumption which is subject to the requirements of the FDA
Food Safety Modernization Act. Specifies that this does not include farms that have $25,000
or less of gross income from sales of produce in a year.
(3)"Department" means the La. Dept. of Agriculture and Forestry.
(4)"Produce" means any food that is defined as such within the meaning of the FDA Food
Safety Modernization Act and is a raw agricultural commodity, including raw agricultural
commodities that are grown domestically or imported or offered for sale in Louisiana.
Proposed law designates the department as the state agency responsible for cooperating with the
secretary of the U.S. Department of Health and Human Services regarding provisions of the FDA
Food Safety Modernization Act that fall within the department's authority granted by proposed law.
Proposed law authorizes the commissioner to receive and expend state and federal funds
appropriated for the administration of proposed law.
Proposed law requires the department to work with the secretary of the U.S. Department of Health
and Human Services to develop a program to ensure the safety of agricultural produce in Louisiana.
Proposed law authorizes the commissioner to accept advisory assistance from the secretary of the
U.S. Department of Health and Human Services in administering the program authorized by
proposed law.
Proposed law requires the commissioner to represent the state in all communications and
negotiations with the secretary of the U.S. Department of Health and Human Services regarding the
implementation of proposed law and the provisions of the FDA Food Safety Modernization Act that
fall within the department's authority granted by proposed law.
Proposed law authorizes the commissioner to adopt rules in accordance with the Administrative
Procedure Act (APA) and further authorizes the commissioner to do the following: (1)Enforce standards for growing, harvesting, packing, and holding of produce for human
consumption and administer the provisions of proposed law.
(2)Enter the premises of any covered produce farm during reasonable hours to inspect the
growing, harvesting, packing, and holding of produce.
(3)Investigate the organization, business, conduct, practices, and management of any covered
produce farm engaged in intrastate commerce.
(4)Inspect or copy any covered produce farm record related to the growing, harvesting, packing,
or holding of produce.
(5)Issue stop orders prohibiting the growing, harvesting, packing, or holding of produce.
Proposed law provides that a person shall not impede, obstruct, hinder, or otherwise prevent or
attempt to prevent the department, an inspector of the department, or any employee of the department
in the performance of his duties.
Proposed law provides that nothing in proposed law shall limit the commissioner's authority to
respond to an emergency in order to prevent a public health hazard.
Proposed law requires any person, firm, or corporation owning or operating a covered produce farm
in Louisiana to do the following:
(1)Register with the department on an annual basis no later than July first of each year.
(2)Update their registration with the department within 90 days of any changes in activity on
the covered produce farm.
(3)Maintain all records required by the rules adopted pursuant to proposed law and make those
records available to the department upon request.
(4)File with the commissioner annual or special reports and answers in writing.
Proposed law subjects any person, firm, or corporation convicted of any of the following offenses
to a fine of not more than $500:
(1)To willfully make, or cause to be made, any false entry or statement of fact.
(2)To willfully make, or cause to be made, any false entry in any account, record, or
memorandum required pursuant to proposed law.
(3)To willfully neglect or fail to make full, true, and factual entries in any accounts, records, or
memoranda required pursuant to proposed law. (4)To willfully remove out of the state's jurisdiction, or mutilate, alter, or by any other means
falsify any documentary evidence required pursuant to proposed law.
(5)To willfully refuse to submit to the commissioner or to his authorized agents, for the purpose
of inspection and making copies, any documentary evidence required pursuant to proposed
law.
Proposed law prohibits the department from imposing a fine pursuant to the provisions of proposed
law if the federal government has imposed a fine for the same violation pursuant to provisions of the
FDA Food Safety Modernization Act.
Proposed law authorizes the commissioner to impose a civil penalty of not more than $100 for
violations of proposed law.
Proposed law provides that penalties may only be assessed by a ruling of the commissioner based
upon an adjudicatory hearing held in accordance with the APA.
Proposed law provides that no provision of proposed law shall be construed as eliminating or
diminishing the authority of the LDH to regulate food as provided in present law.
Proposed law designates LDH as the state agency responsible for cooperating with the secretary of
the U.S. Department of Health and Human Services regarding provisions of the FDA Food Safety
Modernization Act that fall within its authority granted in present law.
Proposed law shall remain in effect only as long as the federal funds required to implement the
provisions of the FDA Food Safety Modernization Act are provided.
Proposed law shall be null and void upon the date of repeal of 21 C.F.R. Part 112.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 3:921-928)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Specifies that the definition of "covered produce farm" does not include farms that
have $25,000 or less of gross income from sales of produce in a year.