HLS 23RS-877 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 528
BY REPRESENTATIVE CORMIER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WILDLIFE/ENFORCEMENT: Increases penalties for violations of shrimp and crawfish
labeling requirements in food service establishments
1 AN ACT
2To amend and reenact and R.S. 56:578.14(B) and to enact R.S. 40:5.5.4(C)(1) and (2) and
3 R.S. 56:578.14(C) and (D), relative to seafood labeling; to provide for additional
4 civil fines and penalties for violations of seafood labeling requirements; to provide
5 for enforcement and collection of civil penalties; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:5.5.4(C)(1) and (2) are hereby enacted to read as follows:
8 §5.5.4. Imported crawfish and shrimp; notice to patrons of food service
9 establishments required
10 * * *
11 C.
12 * * *
13 (1) In addition to any penalties contained in the state sanitary code, any
14 person who violates the provisions of this Section shall be subject to the following
15 civil penalties:
16 (a) For a first violation, a person shall be subject to a fine of not more than
17 one thousand dollars.
18 (b) For a second violation, a person shall be subject to a fine of not more
19 than two thousand dollars.
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HB NO. 528
1 (c) For any subsequent violation, a person shall be subject to a fine of not
2 more than five thousand dollars.
3 (2) In addition to the fines provided in Paragraph (1) of this Subsection, the
4 department shall suspend the license for any food service establishment violating this
5 Section for a third or subsequent time until such establishment has corrected the
6 violation.
7 * * *
8 Section 2. R.S. 56:578.14(B) is hereby amended and reenacted and R.S.
956:578.14(C) and (D) are hereby enacted to read as follows:
10 §578.14. Imported crawfish or shrimp; notice to patrons; penalties
11 * * *
12 B. A violation of R.S. 40:5.5.4 shall be considered a misrepresentation to the
13 public and a violation of this Section. The district attorney of the district in which
14 the restaurant is located shall have jurisdiction over violations committed under this
15 Section. The penalties for violations of this Section are as follows:
16 (1) Any owner or manager of a restaurant who is guilty of a violation of this
17 Section shall, upon a first offense, be fined fifty dollars.
18 (2) Any owner or manager of a restaurant who is guilty of a violation of this
19 Section shall, upon a second offense, be fined two hundred fifty dollars.
20 (3) Any owner or manager of a restaurant who is guilty of a violation of this
21 Section shall, upon a third or subsequent offense, be fined five hundred dollars.
22 C. Any person who violates the provisions of this Section shall be subject
23 to the following civil penalties:
24 (1) For a first violation, a person shall be subject to a fine of not more than
25 one thousand dollars.
26 (2) For a second violation, a person shall be subject to a fine of not more
27 than two thousand dollars.
28 (3) For any subsequent violation, a person shall be subject to a fine of not
29 more than five thousand dollars.
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HB NO. 528
1 D. The Louisiana Department of Wildlife and Fisheries is authorized to
2 enforce and collect the civil penalties provided for this Section, including filing civil
3 action to recover fines. Such action may be by adjudicatory hearing held in
4 accordance with the Administrative Procedure Act and R.S. 56:32.1 in the regional
5 office for the parish where the food service establishment is located or where the
6 violation occurred. The defendant may waive the adjudicatory hearing upon
7 payment of the fine. Any civil penalty, court costs, and attorney fees recovered by
8 the Department of Wildlife and Fisheries through the enforcement of this Section
9 shall be immediately deposited into the Conservation Fund of the Department of
10 Wildlife and Fisheries.
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 528 Original 2023 Regular Session Cormier
Abstract: Increases civil penalties for food service establishments that do not give the
required notice to patrons that crawfish or shrimp being served is imported.
Present law provides requirements for restaurants to inform patrons if they are serving
imported shrimp or crawfish, and provides that a violation of this requirement is a violation
of the sanitary code.
Proposed law adds the following fines and consequences for a violation of the present law
requirement:
(1)A fine of up to $1,000 for a first violation.
(2)A fine of up to $2,000 for a second violation.
(3)A fine of up to $5,000 for any subsequent violation, and the department shall
suspend the license for the food service establishment until the violation has been
corrected.
Present law prohibits restaurants that serve imported crawfish or shrimp from
misrepresenting to the public that they are domestic and further provides for the following
penalties:
(1)A fine of up to $50 for a first violation.
(2)A fine of up to $250 for a second violation.
(3)A fine of up to $500 for any subsequent violation, and the department shall suspend
the license for the food service establishment until the violation has been corrected.
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HB NO. 528
Proposed law removes the penalties and the district attorney's jurisdiction over present law
violations. Additionally, provides that failure to follow present law requirement to provide
notice to patrons that imported shrimp and crawfish are being served constitutes a
misrepresentation to the public under present law prohibition against serving imported
shrimp and representing that they are domestic. Further provides the following civil
penalties:
(1)A fine of up to $1,000 for a first violation.
(2)A fine of up to $2,000 for a second violation.
(3)A fine of up to $5,000 for any subsequent violation.
Proposed law authorizes the La. Dept. of Wildlife and Fisheries to enforce the provisions of
proposed law through civil action and through administrative proceedings in accordance
with present law, and that any monies received must be deposited into the Conservation
Fund.
(Amends R.S. 56:578.14(B); Adds R.S. 40:5.5.4(C)(1) and (2) and R.S. 56:578.14(C) and
(D))
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