Louisiana 2022 2022 Regular Session

Louisiana House Bill HB689 Comm Sub / Analysis

                    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 689 Engrossed	2022 Regular Session	Schamerhorn
Abstract: Creates the retail seafood dealer's license.
Proposed law creates retail seafood dealer's license an requires any person buying, acquiring, or
handling by any means whatsoever, from a La. wholesale/retail seafood dealer, any species of fish
whether fresh, frozen, processed, or unprocessed, that sells to the consumer for personal or
household use and any person who ships fish out of or within the state of La. to the consumer for
personal or household use to purchase a retail seafood dealer's license.
Proposed law establishes the fee for the retail seafood dealer's license at $230 for residents and $920
for nonresidents to be phased in over a two year period starting on Nov, 15, 2022 with the remaining
portion implemented on Nov. 15, 2023.
Present law provides that a wholesale/retail seafood dealer's license is valid for one year, beginning
on Jan. 1st of each calendar year and expiring on Dec. 31st of the same calendar year.  Further
provides the license may be purchased at any time of the year for the current license year and from
Nov. 15th for the immediately following license year.  Further authorizes the department to sell a
license for a four-year period at four times the cost of the annual license fee.  Proposed law retains
present law and adds retail seafood dealer's license.
Proposed law provides for requirements of the license.  Further allows individual licensee to operate
as a retail seafood dealer at any point within the state when that person is in possession of the
original license and restricts validity of the license to the individual for whom it was issued.
Proposed law applicable to businesses, provides that when a license is issued to a corporation,
partnership, or any other type of association, is only valid for one place of business and only valid
to transact business for and in the name of the licensee.  Requires additional licenses for multiple
places of business.
Proposed law exempts persons transporting fish under the privilege of a La. transport license
purchased in connection with a La. retail seafood dealer's license when that person buys fish for or
on behalf of the retail seafood dealer and only transports such fish to that retail dealer. Further
exempts restaurants and retail grocers who only purchase fish, whether fresh, frozen, processed, or
unprocessed, from a licensed wholesale/retail seafood dealer and only sell such fish fully prepared
for immediate consumption by the consumer.
Proposed law requires a  retail out-of-state crab shipping license in addition to a retail dealer's license for any retail seafood dealer who exports or attempts to export outside of the state of Louisiana any
crabs, softshell crabs, boiled crabs, containerized crabmeat, or containerized pasteurized crabmeat.
Proposed law establishes the fee for a retail out-of-state crab shipping license at $100 per year.
Provides that the license is valid for one year from Jan. 1st to Dec. 31st of the same year.
Proposed law provides that the retail out-of-state crab shipping license may be purchased at any time
of the year for the current license year and from Nov. 15th for the immediately following license
year.
Proposed law provides disposition of the revenues collected from the retail out-of-state crab shipping
license as follows:
(1)10% deposited to the Conservation fund.
(2)90% deposited to the Crab Development, Management, and Derelict Crab Trap Removal
Account.
Present law requires restaurants and retail grocers to buy directly from only wholesale/retail seafood
dealers licensed in La. Proposed law adds retail seafood dealers.
Present law requires that restaurants and retail grocers be licensed under present law and possess a
valid transport license when buying fish from an out-of-state seller and bringing the fish into the
state.  Proposed law adds retail seafood dealers.
Present law requires wholesale/retail seafood dealers, restaurants, and retail grocers to keep certain
records.  Proposed law adds retail seafood dealers.
(Amends R.S. 56:306.2(B), 306.3, 306.4(Section heading) and (C)(1), and 306.5(A); Adds R.S.
56:306.1 and 306.2(A)(2))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Increase the resident fee for the license to $230 phased in over a two year period.
2 Increase the nonresident fee for the license to $920 phased in over a two year period.