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 Laura Gail
Sullivan.
DIGEST
SB 152 Reengrossed 2019 Regular Session Thompson
Proposed law provides for the "Truth in Labeling of Agricultural Products Act" for the purpose of
protecting consumers from misleading and false labeling of agricultural products that are edible by
humans.
Proposed law provides for the following definitions:
(1)"Agricultural product" means any beef, pork, poultry, alligator, farm-raised deer, turtle,
domestic rabbit, crawfish, shrimp, meat, sugar, or rice product that is edible by humans.
(2)"Beef" means the flesh of a domesticated bovine that is edible by humans.
(3)"Beef product" means a type of agricultural product that is edible by humans and produced
in whole or in part from beef, including beef jerky, beef patties, chopped beef, fabricated
steak, hamburger, ground beef, ribs, and roast.
(4)"Cell cultured food product" means any cultured animal tissue produced from in vitro animal
cell cultures outside of the organism from which it is derived.
(5)"Commissioner" means the commissioner of agriculture and forestry.
(6)"Deceptively similar" means misleading to a reasonable person.
(7)"Label" means a display of written, printed, or graphic matter upon or affixed to the container
or wrapper in which an agricultural product is offered for direct retail sale.
(8)"Labeling" means the act of identifying, describing, or advertising an agricultural product by
means of a label or through other means.
(9)"Meat" means a portion of a beef, pork, poultry, alligator, farm-raised deer, turtle, domestic
rabbit, crawfish, or shrimp carcass that is edible by humans but does not include a:
(a)Synthetic product derived from a plant, insect, or other source.
(b)Cell cultured food product grown in a laboratory from animal cells.
(10)"Meat product" means a type of agricultural product that is edible by humans and made
wholly or in part from meat or another portion of a beef, pork, poultry, alligator, farm-raised deer, turtle, domestic rabbit, crawfish, or shrimp carcass.
(11)"Misbrand" means to intentionally identify or label an agricultural product in a false or
misleading way.
(12)"Misrepresent" means to intentionally use any untrue, misleading, or deceptive oral or written
statement, advertisement, label, display, picture, illustration, or sample.
(13)"Person" means an individual, partnership, limited liability company, limited liability
partnership, corporation, trust, firm, company, or other entity doing business in Louisiana.
(14)"Pork" means the flesh of a domesticated swine that is edible by humans.
(15)"Pork product" means a type of agricultural product that is edible by humans and produced
in whole or in part from pork, including bacon, bratwurst, ground pork, ham, pork chops,
ribs, roast, and sausage.
(16)"Poultry" means domesticated birds that are edible by humans.
(17)"Rice" means the whole or broken kernels obtained from the species Oryza sativa L. or Oryza
glaberrima, or wild rice, which is obtained from one of the four species of grasses from the
genus Zizania or Porteresia.
Proposed law applies to a person that places a label on an agricultural product that is edible by
humans.
Proposed law prohibits intentionally misbranding or misrepresenting an agricultural product through
any activity including:
(1)Affixing a label to an agricultural product that is false or misleading.
(2)Selling an agricultural product under the name of another food.
(3)Representing an agricultural product as a food for which a definition and standard of identity
has been provided by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. ยง301 et seq.,
unless:
(a)The agricultural product conforms to the definition and standard.
(b)The label of the agricultural product bears the name of the food specified in the
definition and standard and includes the common names of optional ingredients other
than spices, flavoring, and coloring present in the food as regulations require.
(4)Representing an agricultural product as meat or a meat product when the agricultural product
is not derived from a harvested beef, pork, poultry, alligator, farm-raised deer, turtle, domestic rabbit, crawfish, or shrimp carcass.
(5)Representing an agricultural product as rice when the agricultural product is not rice.
(6)Representing an agricultural product as beef or a beef product when the agricultural product
is not derived from a domesticated bovine.
(7)Representing an agricultural product as pork or a pork product when the agricultural product
is not derived from a domesticated swine.
(8)Representing an agricultural product as poultry when the agricultural product is not derived
from domesticated birds.
(9)Utilizing a term that is the same as or deceptively similar to a term that has been used or
defined historically in reference to a specific agricultural product.
(10)Affixing a label that uses a variation of rice in the name of the agricultural product when the
agricultural product is not rice or derived from rice.
(11)Representing a cell cultured food product as a meat product.
(12)Representing an agricultural product as sugar when it is not an unaltered plant-based simple
sugar or sucrose.
Proposed law requires the commissioner to administer and enforce the provisions of proposed law
and adopt rules and regulations as are necessary to enforce the provisions of proposed law.
Proposed law authorizes the commissioner to:
(1)Employ personnel to enforce the provisions of proposed law.
(2)Receive and investigate complaints.
(3)Seek and obtain injunctive or other civil relief to restrain and prevent violations of proposed
law.
(4)Institute civil proceedings to enforce his rulings or collect any penalties due.
Proposed law provides for a civil penalty of not more than $500 for violations. Each day on which
a violation occurs is a separate offense.
Proposed law authorizes penalties to be assessed by a ruling of the commissioner based upon an
adjudicatory hearing held by the La. Commission of Weights and Measures. Further authorizes the
commissioner to assess the proportionate costs of the adjudicatory hearing against the offender. Proposed law authorizes the commissioner to institute civil proceedings to enforce his rulings or seek
injunctive relief to restrain and prevent the violation of the provisions of proposed law.
Effective October 1, 2020.
(Adds R.S. 3:4741- 4746)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill
1. Changes the effective date from signature of the governor to October 1, 2020.
2. Adds meat and sugar to the definition of agricultural products.
3. Removes ground kernels and by-products from the definition of rice.
4. Adds alligator, farm-raised deer, turtle, and domestic rabbit to the definitions of meat
and meat product.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Makes technical changes.