HLS 19RS-776 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 198
BY REPRESENTATIVE GISCLAIR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC HEALTH: Requires food service establishments serving imported crawfish to
inform patrons of the country of origin of the crawfish
1 AN ACT
2To enact R.S. 40:5.5.4, relative to regulation of food service establishments; to require such
3 establishments that serve crawfish from a foreign country to inform patrons of the
4 country of origin of the crawfish; to provide for enforcement of the requirement by
5 the Louisiana Department of Health; to provide for definitions; to provide for
6 legislative intent; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:5.5.4 is hereby enacted to read as follows:
9 ยง5.5.4. Imported crawfish; notice to patrons of food service establishments required
10 A. As reflected in Act No. 330 of the 2009 Regular Session of the
11 Legislature, this state recognizes that serious risks to public health may be posed by
12 antibiotics, radiation, and numerous toxins found in seafood products, including but
13 not limited to crawfish, that originate outside of the United States. It remains the
14 intent of the legislature to protect Louisiana consumers from potentially harmful
15 chemicals and residues in seafood products that are imported from foreign countries
16 and sold or served in food service establishments in this state. Therefore, the
17 legislature declares that Louisiana consumers have the right to know if crawfish
18 imported from a foreign country is being served in a food service establishment, as
19 the consumption of such crawfish may pose a health risk.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-776 ORIGINAL
HB NO. 198
1 B.(1) Any food service establishment that uses a menu as a standard business
2 practice and sells or provides cooked or prepared crawfish that originate from a
3 foreign country shall display on all menus the country of origin of such crawfish in
4 letters no smaller than one-half inch in size, in the English language, immediately
5 adjacent to the menu listing of crawfish being sold. In lieu of this requirement, the
6 notice may be paper-clipped to the menu, or the notice may be explained orally to
7 patrons by staff of the food service establishment.
8 (2) Any food service establishment that does not use a menu as a standard
9 business practice and sells or provides cooked or prepared crawfish that originate
10 outside of the United States shall display on a sign posted at the main entrance to the
11 establishment that certain crawfish being served within originate from a foreign
12 country. Each sign shall be at least eighteen inches tall and eighteen inches wide and
13 shall be written in the English language in letters not less than two inches in size.
14 The sign shall be placed in an open area and in a conspicuous position not less than
15 thirty-six inches from the floor so that it is visible to all patrons. In lieu of this
16 requirement, the notice may be explained orally to patrons by staff of the food
17 service establishment.
18 C. Any violation of this Section shall constitute a violation of the state
19 sanitary code.
20 D. The Louisiana Department of Health shall promulgate all such rules in
21 accordance with the Administrative Procedure Act as are necessary to enforce the
22 provisions of this Section.
23 E. For purposes of this Section, "food service establishment" shall have the
24 meaning ascribed in R.S. 40:5.5.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-776 ORIGINAL
HB NO. 198
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 198 Original 2019 Regular Session Gisclair
Abstract: Requires food service establishments serving imported crawfish to inform
patrons of the country of origin of the crawfish and provides that failure to comply
with the requirement is a violation of the state sanitary code.
Proposed law declares that La. consumers have the right to know if crawfish imported from
a foreign country is being served in a food service establishment, as the consumption of such
crawfish may pose a health risk.
Proposed law provides that for purposes of proposed law, "food service establishment"
means an establishment that prepares food for human consumption, either for individual
service or for a group of people, whether consumption is on or off the premises and
regardless of whether there is a charge for the food; but shall not include any of the
following: Private homes where food is prepared or served for individual family
consumption, private clubs where food is prepared and served exclusively for member
consumption, religious or charitable food sales, any establishment that heats or prepares
boudin or sausage for personal consumption, a bar or lounge that serves beverages only,
temporary and seasonal establishments, bed and breakfast operations, nursing facilities, or
public, private, or parochial schools.
Proposed law requires all food service establishments that use a menu as a standard business
practice and sell or provide cooked or prepared crawfish that originate from a foreign
country to display on all menus the country of origin of such crawfish in letters no smaller
than one-half inch in size, in English, immediately adjacent to the menu listing of crawfish
being sold. Provides that in lieu of this requirement, the notice may be paper-clipped to the
menu, or be explained orally to patrons by food service establishment staff.
Proposed law requires all food service establishments that do not use a menu as a standard
business practice and sell or provide cooked or prepared crawfish that originate outside of
the U.S. to display on a sign posted at the main entrance to the establishment that certain
crawfish being served within originate from a foreign country. Stipulates that each sign shall
be at least 18 inches tall, 18 inches wide, written in English in letters not less than two inches
in size, and placed in an open area and in a conspicuous position not less than 36 inches from
the floor so that it is visible to all patrons. Provides that in lieu of this requirement, the
notice may be explained orally to patrons by food service establishment staff.
Proposed law provides that any violation of proposed law shall constitute a violation of the
state sanitary code.
Proposed law requires the La. Department of Health to promulgate all such administrative
rules as are necessary to enforce the provisions of proposed law.
(Adds R.S. 40:5.5.4)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.