HLS 21RS-774 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 269
BY REPRESENTATIVE KERNER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC HEALTH/OFFICE: Provides relative to destruction of imported food which is
subject to an import ban
1 AN ACT
2To amend and reenact R.S. 40:635, relative to functions of the Louisiana Department of
3 Health pertaining to food safety; to amend provisions of the State Food, Drug, and
4 Cosmetic Law; to provide relative to imported food products; to provide for the
5 destruction of certain food products that are subject to import bans; to provide for
6 construction of certain laws relating to public health; and to provide for related
7 matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:635 is hereby amended and reenacted to read as follows:
10 ยง635. Condemnation or destruction of perishables in certain cases
11 A. Whenever the department or its duly authorized officer or employee finds
12 in any factory, establishment, structure, or vehicle of transportation any meat,
13 seafood, poultry, vegetables, fruit, or other perishable articles which are unsound or
14 contain any filthy, decomposed, or putrid substance or that may be poisonous or
15 deleterious to health or otherwise unsafe for human consumption, the officer or
16 employee of the department designated by it shall immediately condemn or destroy
17 it or in any other manner render it unconsumable as human food.
18 B. Nothing in this Title shall be construed to prohibit any duly authorized
19 officer or employee of the department from causing the destruction of any meat,
20 seafood, poultry, vegetables, fruit, or other perishable articles which are of foreign
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-774 ENGROSSED
HB NO. 269
1 origin and found to be subject to an import ban issued by an agency of the federal
2 government and currently in effect.
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 269 Engrossed 2021 Regular Session Kerner
Abstract: Provides within the State Food, Drug, and Cosmetic Law for destruction of
imported food which is found to be subject to an import ban.
Present law known as the State Food, Drug, and Cosmetic Law provides that whenever a
duly authorized officer or employee of the La. Department of Health (LDH) finds in any
factory, establishment, structure, or vehicle of transportation any meat, seafood, poultry,
vegetables, fruit, or other perishable articles which are unsound or contain any filthy,
decomposed, or putrid substance or that may be poisonous or deleterious to health or
otherwise unsafe for human consumption, a designated officer or employee of LDH shall
immediately condemn or destroy it or in any other manner render it unconsumable as human
food.
Proposed law retains present law and provides that nothing therein, or in any other provision
of present law relative to public health, shall be construed to prohibit any duly authorized
officer or employee of LDH from causing the destruction of any meat, seafood, poultry,
vegetables, fruit, or other perishable articles which are of foreign origin and found to be
subject to a federally issued import ban.
(Amends R.S. 40:635)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.