2023 Regular Session ENROLLED
SENATE RESOLUTION NO. 159
BY SENATORS FRED MILLS, ALLAIN, BARROW, BERNARD, BOUDREAUX,
BOUIE, CARTER, CATHEY, CONNICK, CORTEZ, DUPLESSIS,
FESI, FIELDS, FOIL, HARRIS, HENSGENS, HEWITT, JACKSON,
KLEINPETER, LAMBERT, LUNEAU, MCMATH, MILLIGAN,
ROBERT MILLS, MIZELL, MORRIS, PEACOCK, POPE, PRICE,
REESE, SMITH, STINE, TARVER AND WOMACK
A RESOLUTION
To direct the Louisiana Department of Health to protect the people of Louisiana from the
dangers of imported seafood by immediately taking any and all action necessary to
enforce the many provisions of Louisiana law relative to seafood safety.
WHEREAS, according to the National Oceanic and Atmospheric Administration, in
2019 the United States imported six billion pounds of edible seafood products; and
WHEREAS, it is estimated that over half of the imported seafood consumed in the
United States is from aquaculture rather than wild-caught; and
WHEREAS, only a very small amount of imported seafood is tested for harmful
substances by the federal government; and
WHEREAS, the Louisiana State University School of Renewable Natural Resources
published a 2020 paper titled "Determination of Sulfite and Antimicrobial Residue in
Imported Shrimp to the USA", which presented findings from a study of imported shrimp
purchased from retail stores in Baton Rouge, Louisiana; and
WHEREAS, a screening of these shrimp for sulfites and residues from antimicrobial
drugs found the following: (1) five percent of the shrimp contained malachite green, (2)
seven percent contained oxytetracycline, (3) seventeen percent contained fluoroquinolone,
and (4) seventy percent contained nitrofurantoin; and
WHEREAS, all of these substances have been banned by the United States Food and
Drug Administration (FDA) in domestic aquaculture operations; and
WHEREAS, the results of this study confirm that existing screening and enforcement
measures for imported seafood are insufficient; whatever the percentage of imports inspected
may be, seafood is currently being imported that contains unsafe substances that put
Louisiana consumers at risk; and
Page 1 of 5 SR NO. 159 ENROLLED
WHEREAS, the Legislature of Louisiana is concerned about the continued presence
of certain chemical, bacterial, or biotoxin contaminants in imported seafood that put its
citizens at risk for serious food-borne illnesses; and
WHEREAS, it is imperative to the health and well-being of the citizens of this state
that all imported seafood be wholesome and free of adulteration prior to sale in Louisiana;
and
WHEREAS, in 2008, the Legislature of Louisiana passed Act No. 264 which enacted
R.S. 56:578.14 to prohibit an owner or manager of a restaurant that sells imported crawfish
or shrimp from misrepresenting to the public, either verbally, on a menu, or on signs
displayed on the premises, that the crawfish or shrimp is domestic; and
WHEREAS, the district attorney of the district in which the restaurant is located has
jurisdiction over violations of R.S. 56:578.14, and the penalties for violations are monetary
fines between fifty dollars and five hundred dollars, depending on the number of previous
violations; and
WHEREAS, in 2009, the Legislature of Louisiana passed Act No. 330 which
included legislative findings that serious risks to public health may be posed by radiation,
antibiotics, such as chloramphenicol and fluoroquinolones, chemicals, malachite green,
copper salts, and other residues found in Chinese seafood; that the overexposure to
antibiotics from such seafood may cause serious antibiotic resistance to the consumer; and
that, in addition, chemicals such as malachite green are known carcinogens; and
WHEREAS, Act No. 330 clearly states it is the intent of the legislature to protect the
health and welfare of Louisiana consumers from potentially harmful residues in seafood
imported from the People's Republic of China that are sold or served in Louisiana, and that
Louisiana consumers have the right to know if seafood imported from the People's Republic
of China is being served in a food service establishment or is available for purchase; and
WHEREAS, Act No. 330 required the state health officer, in conjunction with the
Department of Agriculture and Forestry, to institute a public safety marketing campaign to
warn the public about the risks of consuming seafood from the People's Republic of China
deemed to be safe by the Seafood Inspection Program but which nevertheless contains
hazardous substances; and
Page 2 of 5 SR NO. 159 ENROLLED
WHEREAS, R.S. 40:5.5.2, as enacted by Act No. 330, provides for a Chinese
seafood warning label program and requires the state health officer to take actions to ensure
that all consumers of imported marine and freshwater seafood products from the People's
Republic of China are warned about the potential health risks associated with the
consumption of those products, including a marketing campaign employed by the state
health officer and the Louisiana Restaurant Association that places an emphasis on
highlighting the benefits of eating domestic seafood and the production of a statement that
may be included on labels, placards, menu boards, or other promotional signage to
encourage consumers to consume Louisiana seafood and warn of the risks that may be
associated with the consumption of Chinese seafood; and
WHEREAS, Act No. 330 created, within the Louisiana Department of Health, the
Seafood Safety Task Force, which was charged with obtaining: (1) the method in which the
imported seafood is inspected in Louisiana; (2) the frequency of inspections of imported
seafood; (3) the substances for which imported seafood are currently being tested; and (4)
the results of sampling analysis of potentially harmful substances in imported seafood; and
WHEREAS, R.S. 40:5.5.3 required the task force to compile the results of these
findings and develop seafood and safety recommendations to be reported to the House
Committee on Health and Welfare, the Senate Committee on Health and Welfare, the House
Committee on Agriculture, Forestry, Aquaculture, and Rural Development, and the Senate
Committee on Agriculture, Forestry, Aquaculture, and Rural Development by March 1,
2010; and
WHEREAS, the Seafood Safety Task Force still exists in current law and the need
for the task force to review state policy regarding imported seafood has not diminished but
has grown greater than ever; and
WHEREAS, in 2019, the Legislature of Louisiana passed Act No. 372 which
recognized that serious risks to public health may be posed by antibiotics, radiation, and
numerous toxins found in seafood products, including but not limited to crawfish and
shrimp, that originate outside of the United States; and
WHEREAS, Act No. 372 further affirmed the intent of the legislature to protect
Louisiana consumers from potentially harmful chemicals and residues in seafood products
Page 3 of 5 SR NO. 159 ENROLLED
that are imported from foreign countries and sold or served in food service establishments
in this state and declared that Louisiana consumers have the right to know if crawfish or
shrimp imported from a foreign country is being served in a food service establishment, as
the consumption of such seafood may pose a health risk; and
WHEREAS, R.S. 40:5.5.4, as enacted by Act No. 372, requires any food service
establishment that sells or provides cooked or prepared crawfish or shrimp that originate
outside of the United States to display on all menus the country of origin of the crawfish or
shrimp, or denote that the crawfish or shrimp are imported, in letters no smaller than the
same size, font, and shade as the product being offered, immediately adjacent to the menu
listing of the seafood item being sold or paper-clipped to the menu; and
WHEREAS, R.S. 40:5.5.4 further requires any food service establishment that does
not use a menu as a standard business practice to display on a sign posted at the main
entrance to the establishment, and visible to all patrons, that the crawfish or shrimp being
served originate from a foreign country; and
WHEREAS, a violation of R.S. 40:5.5.4 constitutes a violation of the state sanitary
code; and
WHEREAS, the Legislature of Louisiana has recently heard the concerns of
Louisiana residents that Louisiana statutory requirements regarding imported seafood are
not being properly enforced; and
WHEREAS, at the May 31, 2023, meeting of the Senate Committee on Health and
Welfare, Louisiana Department of Health staff members indicated that a violation of R.S.
40:5.5.4 is not considered a critical violation of the state sanitary code which must be
promptly remedied; and
WHEREAS, the mission of the Louisiana Department of Health is to protect and
promote health for all residents of Louisiana; and
WHEREAS, unfair competition allows foreign competitors to flood the United States
market with seafood harvested under intensive farming practices, while devastating local
industries and coastal communities built around them; and
WHEREAS, domestically produced shrimp and crawfish offer the best option for the
health and safety of United States consumers; and
Page 4 of 5 SR NO. 159 ENROLLED
WHEREAS, people all over the United States and foreign tourists who travel to
Louisiana purposefully choose to eat Louisiana seafood and it is imperative that they can be
assured that they are receiving genuine Louisiana seafood.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature does hereby
direct the Louisiana Department of Health to protect the people of Louisiana from the
dangers of imported seafood by immediately taking any and all action necessary to enforce
the many provisions of Louisiana law relative to seafood safety.
BE IT FURTHER RESOLVED that the Louisiana Department of Health shall
immediately coordinate with the commissioner of agriculture and the lieutenant governor
to pursue every funding option available to promote Louisiana seafood, including revival of
the "Ask before you eat" campaign or something equally compelling and the marketing
campaign required by R.S. 40:5.5.2.
BE IT FURTHER RESOLVED that the Louisiana Department of Health shall
convene and resume the operations of the Seafood Safety Task Force created by R.S.
40:5.5.3, with the first meeting taking place no later than August 1, 2023.
BE IT FURTHER RESOLVED that the Louisiana Department of Health shall
immediately amend LAC 51:XXIII:4311 to include a violation of R.S. 40:5.5.4 as a critical
violation for enforcement purposes.
BE IT FURTHER RESOLVED that the Louisiana Department of Health shall
immediately amend LAC 51:I:113 to include a violation of R.S. 40:5.5.4 as class A violation
subject to the imposition of a civil fine for noncompliance.
BE IT FURTHER RESOLVED that the Louisiana Department of Health shall report
to the appropriate district attorney all violations of R.S. 56:578.14 discovered during
restaurant inspections or reported in complaints made to the department.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Louisiana Department of Health.
PRESIDENT OF THE SENATE
Page 5 of 5