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2023 Regular Session
SENATE BILL NO. 161
BY SENATOR LAMBERT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC HEALTH. Provides for the Louisiana Small Wild Catfish Processor's Act. (8/1/23)
1 AN ACT
2 To enact R.S. 40:4.9.1, relative to preparation of seafood for direct sale to the consuming
3 public; to provide for the Louisiana Small Wild Catfish Processor's Act; to provide
4 for the preparation of wild catfish to be sold directly to the consumer; to provide for
5 exceptions to the state Sanitary Code; to provide for minimum preparation safety
6 requirements; to provide for a sales limitation; to provide for labeling; to provide for
7 collection of tax; to provide for licensure as a wholesale/retail seafood dealer or a
8 fresh products vendor; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:4.9.1 is hereby enacted to read as follows:
11 ยง4.9.1. Louisiana Small Wild Catfish Processor's Act; preparation for direct
12 sale to the consuming public
13 A.(1)(a) No provision of the state Sanitary Code or any provision of any
14 other law or regulation that requires any equipment, design, construction,
15 utensils, supplies, preparation, or services shall apply to the preparation of wild
16 catfish for direct sale to the consuming public. This Section shall not be
17 construed to allow the sale or distribution of any unwholesome food.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 161
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1 (b) The provisions of Subparagraph (a) of this Paragraph shall not apply
2 to any preparer of wild catfish who employs any individual to assist in the
3 preparation of the wild catfish for sale.
4 (2) Notwithstanding any provision of law to the contrary, all equipment
5 used or connected in any way with the manufacture or other processing,
6 handling, packing, or storing of any wild catfish prepared for direct sale to the
7 consuming public pursuant to this Section shall comply with the following:
8 (a) Be maintained in a clean and sanitary manner, be free from cracks
9 and, wherever possible, be composed of noncorroding metal or other smooth,
10 impervious material giving an easily cleanable surface. Stationary or not readily
11 movable equipment shall be so installed as to provide for easy cleaning.
12 (b) Refrigeration shall be provided so that all processed wild catfish shall
13 be maintained at an appropriate temperature.
14 (c) All barrels, boxes, tubs, pails, or other receptacles used for holding
15 the processed wild catfish shall be kept clean and sanitary and shall be so
16 constructed as to be easily cleanable.
17 (d) All food contact surfaces shall be cleaned and sanitized after each
18 day's production.
19 B. No individual who prepares wild catfish for direct sale to the
20 consuming public pursuant to this Section shall sell more than four hundred
21 pounds of wild catfish per month.
22 C. No individual who prepares wild catfish for direct sale to the
23 consuming public pursuant to this Section shall sell the processed wild catfish
24 to any retail business or individual for resale.
25 D.(1) Any individual who prepares wild catfish for direct sale to the
26 consuming public pursuant to this Section shall affix to any processed wild
27 catfish offered for sale a label which clearly indicates that the food was not
28 produced in a licensed or regulated facility.
29 (2) No individual who prepares wild catfish for direct sale to the
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Coding: Words which are struck through are deletions from existing law;
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1 consuming public pursuant to this Section shall sell the processed wild catfish
2 unless he is registered to collect any local sales and use taxes that are applicable
3 to the sale of the seafood, as evidenced by a current sales tax certificate issued
4 to the seller by the sales and use tax collector for the parish in which the sales
5 occur.
6 E. No individual who prepares wild catfish for direct sale to the
7 consuming public pursuant to this Section shall sell the processed wild catfish
8 unless he holds a wholesale/retail seafood dealer's license pursuant to R.S.
9 56:306 or a fresh products license pursuant to R.S. 56:303.1.1.
10 F. This Section shall be known and may be cited as the "Louisiana Small
11 Wild Catfish Processor's Act".
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tyler McCloud.
DIGEST
SB 161 Engrossed 2023 Regular Session Lambert
Present law known commonly as the cottage food law exempts home-based preparers of
certain foods for sale from present law and present administrative rule relative to preparation
of food for public consumption if the preparer's gross annual sales of such foods are less than
$20,000 and certain other conditions are met. Proposed law retains present law and creates
the Louisiana Small Wild Catfish Processor's Act, which provides an exemption for the
preparation of wild catfish for direct sale to the consuming public.
Proposed law does not apply if any individual is employed to assist in the preparation of the
wild catfish for sale. Proposed law further provides for restrictions, conditions, and
requirements applicable to the preparation of wild catfish for direct sale to the consuming
public.
Proposed law provides that no individual who prepares wild catfish for direct sale to the
consuming public pursuant to proposed law shall sell more than 400 pounds of wild catfish
per month or sell the processed wild catfish to any retail business or individual for resale.
Proposed law provides for labeling requirements, tax collection requirements, and licensure
requirements.
Effective August 1, 2023.
(Adds R.S. 40:4.9.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Delete provisions relative to equipment too large to permit washing in sinks.
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2. Change the licensure option from a retail seafood dealer's license to a fresh
products license.
3. Make technical changes.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.