RÉSUMÉ DIGEST
ACT 631 (HB 689) 2022 Regular Session Schamerhorn
New law creates a retail seafood dealer's license and 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.
New law establishes the fee for the retail seafood dealer's license at $230 for residents and
$460 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.
Existing 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. New law retains existing law and adds retail seafood dealer's license.
New law provides for requirements of the license. Further allows an 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.
New law applicable to businesses, provides that when a license is issued to a corporation,
partnership, or any other type of association, it 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.
New 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.
New 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
La. any crabs, softshell crabs, boiled crabs, containerized crabmeat, or containerized
pasteurized crabmeat.
New 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.
New 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.
New 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.
Existing law requires restaurants and retail grocers to buy directly from only wholesale/retail
seafood dealers licensed in La. New law retains existing law and adds retail seafood dealers.
Existing law requires that restaurants and retail grocers be licensed under existing law and
possess a valid transport license when buying fish from an out-of-state seller and bringing
the fish into the state. New law retains existing law and adds retail seafood dealers. Existing law requires wholesale/retail seafood dealers, restaurants, and retail grocers to keep
certain records. New law retains existing law and adds retail seafood dealers.
New law specifies that the changes to license fees contained in this Act will be placed in the
dept., where starting on Nov. 15, 2022, and for the duration of the 2023 commercial license
year, the resident fee is $167.50 and the nonresident fee is $432.50 and the remaining fee
increase will be implemented on Nov. 15, 2023.
Effective August 1, 2022.
(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))