HLS 21RS-484 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 317
BY REPRESENTATIVE KERNER
FEES/LICENSES/PERMITS: Establishes a fee to support testing and monitoring for
harmful substances in imported seafood
1 AN ACT
2To amend and reenact R.S. 40:31.35(C) and to enact R.S. 40:5.10.1, relative to financing of
3 certain services of the office of public health of the Louisiana Department of Health
4 pertaining to food safety; to authorize the Louisiana Department of Health to charge
5 and collect from certain commercial seafood permit holders an imported seafood
6 safety fee; to establish the amount of the fee; to create the Imported Seafood Safety
7 Fund as a special treasury fund; to provide for the deposit, use, and investment of
8 monies in the fund; to require appropriation of monies in the fund to the office of
9 public health for certain purposes; to provide for duties of the state health officer
10 with respect to sampling, analysis, testing, and monitoring of imported seafood; and
11 to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 40:31.35(C) is hereby amended and reenacted and R.S. 40:5.10.1 is
14hereby enacted to read as follows:
15 §5.10.1. Imported Seafood Safety Fund
16 A. There is hereby created in the state treasury a special fund designated as
17 the Imported Seafood Safety Fund, referred to hereafter in this Section as the "fund".
18 After allocation of money to the Bond Security and Redemption Fund as provided
19 in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall
20 deposit in and credit to the fund monies collected pursuant to R.S. 40:31.35(C).
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HB NO. 317
1 Monies in the fund shall be invested in the same manner as monies in the state
2 general fund. Interest earned on investment of monies shall be deposited in and
3 credited to the fund. Unexpended and unencumbered monies in the fund shall
4 remain in the fund. Monies in the fund shall be appropriated to the office of public
5 health of the Louisiana Department of Health and used exclusively as provided in
6 this Section.
7 B. The monies in the fund shall be appropriated and expended solely for the
8 purpose of sampling, analysis, testing, and monitoring of raw seafood products of
9 foreign origin that are imported into Louisiana and stored on the premises of any
10 business holding a commercial seafood permit issued pursuant to R.S. 40:31.35. The
11 office of public health of the Louisiana Department of Health shall directly
12 administer or contract for such sampling, analysis, testing, and monitoring functions.
13 The office of public health shall employ such functions to detect in imported seafood
14 products the presence of substances that are harmful to human health. The state
15 health officer shall determine the specific types of such sampling, analysis, testing,
16 and monitoring functions to be implemented as well as the frequency and scope of
17 these activities, all of which he may modify based upon the availability of funding
18 for these purposes.
19 * * *
20 §31.35. Commercial seafood permit fee
21 * * *
22 C. The fees in this Section shall replace the seafood fees promulgated by the
23 department in the June 20, 1989, Louisiana Register. The department shall charge
24 and collect an imported seafood safety fee of one hundred dollars annually from each
25 holder of a commercial seafood permit fee who sells imported seafood. The
26 proceeds of such fee shall be used for the purposes described in R.S. 40:5.10.1.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-484 ORIGINAL
HB NO. 317
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 317 Original 2021 Regular Session Kerner
Abstract: Establishes the Imported Seafood Safety Fund and an annual fee to support
testing and monitoring for harmful substances in imported seafood to be conducted
by the La. Department of Health.
Present law requires the La. Department of Health (LDH) to charge and collect an annual
commercial seafood permit fee from each seafood distributor and processing plant in
amounts specified in present law.
Proposed law retains present law and requires LDH to charge and collect an annual imported
seafood safety fee of $100 from each holder of a commercial seafood permit fee who sells
imported seafood. Provides that the proceeds of the fee shall be used for the purposes
described in proposed law.
Proposed law creates the Imported Seafood Safety Fund as a special fund in the state
treasury. Provides that the proceeds of the imported seafood safety fee established by
proposed law shall be deposited into the Imported Seafood Safety Fund, referred to hereafter
as the "fund".
Proposed law requires that the monies in the fund be appropriated and expended solely for
the purpose of sampling, analysis, testing, and monitoring of raw seafood products of foreign
origin that are imported into this state and stored on the premises of any commercial seafood
permit holder. Requires that LDH directly administer or contract for such sampling,
analysis, testing, and monitoring functions.
Proposed law requires LDH to employ sampling, analysis, testing, and monitoring to detect
in imported seafood products the presence of substances that are harmful to human health.
Provides that the state health officer of the LDH office of public health shall determine the
specific types of sampling, analysis, testing, and monitoring functions to be implemented as
well as the frequency and scope of these activities. Authorizes the state health officer to
modify the frequency and scope of such activities based upon the availability of funding to
support the activities.
(Amends R.S. 40:31.35(C); Adds R.S. 40:5.10.1)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.