Louisiana 2023 2023 Regular Session

Louisiana House Bill HB528 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 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.
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))