This text of Louisiana § 40:5.5.4 (Imported crawfish and shrimp; notice to patrons of food service establishments) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§5.5.4. Imported crawfish and shrimp; notice to patrons of food service establishments
required
A. Any food service establishment that uses a menu as a standard business practice
and sells or provides cooked or prepared crawfish or shrimp that originate outside of the
United States shall display the following disclaimer in a clearly visible location on the menu:
"Some items served at this establishment may contain imported crawfish or shrimp.
Ask for more information."
B.
(1)Any food service establishment that does not use a menu as a standard business
practice and sells or provides cooked or prepared crawfish or shrimp that originate outside
of the United States shall display the following disclaimer on a sign posted at the main
entrance to the establishment:
"Some items served at this e
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§5.5.4. Imported crawfish and shrimp; notice to patrons of food service establishments
required
A. Any food service establishment that uses a menu as a standard business practice
and sells or provides cooked or prepared crawfish or shrimp that originate outside of the
United States shall display the following disclaimer in a clearly visible location on the menu:
"Some items served at this establishment may contain imported crawfish or shrimp.
Ask for more information."
B.(1) Any food service establishment that does not use a menu as a standard business
practice and sells or provides cooked or prepared crawfish or shrimp that originate outside
of the United States shall display the following disclaimer on a sign posted at the main
entrance to the establishment:
"Some items served at this establishment may contain imported seafood. Ask for
more information."
(2) Each sign shall be at least eighteen inches tall and eighteen inches wide and shall
be written in the English language in letters not less than one inch in size. The sign shall be
placed in an open area and in a conspicuous position not less than thirty-six inches from the
floor so that it is visible to all patrons.
C.(1) No owner or employee of a restaurant or other retailer that sells imported
seafood shall misrepresent to the public, either verbally, on a menu, or on signs displayed on
the premises, that the crawfish or shrimp being sold is domestic.
(2) All representations, notices, and declarations made to the general public under
this provision shall state clearly whether or not the crawfish or shrimp being sold to the
consumer at the point of purchase is either domestic or imported.
D. For any seafood that is sold unpackaged, a food establishment shall clearly display
the country of origin in a manner that is easily visible to the consumer.
E.(1) The Louisiana Department of Health shall be responsible for ensuring
compliance with this Section. Any violation of this Section shall constitute a violation of the
state Sanitary Code. The department shall issue fines for violations of this Section as
follows:
(a) For a first offense, a fine of not less than two hundred dollars and not more than
five hundred dollars per violation. The department, in its discretion, may provide an
opportunity for corrective action in lieu of a fine for a first offense.
(b) For a second offense, a fine of not less than five hundred dollars and not more
than one thousand dollars per violation.
(c) For a third and subsequent offense, a fine of not less than one thousand dollars
and not more than two thousand dollars per violation.
(2) Notwithstanding any provision of law to the contrary, including R.S. 40:6(D),
prior issuance of a notice of violation or compliance order shall not be a prerequisite to
imposing the fines authorized by this Subsection, which may be imposed by issuance of a
notice and order of imposition of penalties. The notice shall state with specificity the nature
of the violation, shall be served on the violator by any means authorized by the Sanitary
Code, and shall be subject to the same administrative appeal procedures and delays as
provided for compliance orders in the Sanitary Code.
F. The department shall establish a reporting mechanism for members of the public
to report suspected violations of this Section.
G. Reports to the department of suspected violations may be made anonymously.
No person who in good faith reports a suspected violation to the department shall be liable
for any civil damages. This Subsection shall not exempt from liability those individuals who
intentionally cause damages to another individual, business, or entity.
H. The Louisiana Department of Health shall promulgate all such rules in accordance
with the Administrative Procedure Act as are necessary to enforce the provisions of this
Section.
I. For purposes of this Section, "food service establishment" shall mean any
establishment provided for in R.S. 40:5.5 and any seafood market, grocer, vehicle, or other
entity or person that sells food directly to the public for consumption.