§4706. Seafood; misleading packaging and marketing

            A. The legislature finds that consumers must be protected from misleading and false labeling of seafood products. Louisiana's seafood culture is world-renowned and is a vital part of our culture and heritage. It is not only potentially misleading but dangerous to public health to solely rely on names and phrases associated with Louisiana when purchasing or consuming seafood. Phrases such as "Boudreauxs", "Gulf", and "Louisiana caught" are often on products that are from foreign countries that are not adhering to the same quality standards as Louisiana. Consumers need to be well informed on what seafood they are purchasing and consuming.

            B.(1) No person shall engage in marketing, labeling, packaging, or advertising of crawfish, shrimp, or any product thereof that implies or suggests any association with Louisiana's culture and heritage if the association is likely to deceive the public as to its origin.

            (2) No person shall market crawfish, shrimp, or any product thereof using any Louisiana-related imagery, phrases, colors, or styles if the products are not genuinely linked to Louisiana's cultural heritage and produced within the state or landed within the state.

            (3) The prohibition in this Subsection shall not apply if the country of origin appears on the front of the package in thirty-point Arial Black font.

            C. The commissioner shall be responsible for ensuring compliance with this Section. When the commissioner has reason to believe that a violation has occurred, the commissioner may do any of the following:

            (1) Issue a stop order prohibiting the continued distribution and sale of the seafood product.

            (a) Any violation of a stop order shall constitute a separate violation.

            (b) A stop order may be released by the commissioner upon a determination by the commissioner that the cause for issuing the stop order has been remedied.

            (c) Any person aggrieved by a stop order may petition the commissioner for a hearing to contest the validity of the stop order by making a written request within five calendar days after issuance of the stop order. The hearing shall be held within ten calendar days of receipt of the written request for a hearing. The commissioner may appoint a hearing officer to preside over the matter. The commissioner shall issue a ruling in the matter. The hearing and any subsequent appeal shall be held in accordance with the provisions of the Administrative Procedure Act.

            (d) Based upon the results of the hearing or a consent agreement, the commissioner may take one or more of the following actions:

            (i) Release the stop order.

            (ii) Require the cause for the stop order to be remedied prior to releasing the stop order.

            (iii) Amend the stop order.

            (2) Issue fines for violations of this Section as follows:

            (a) For a first offense, a fine of not more than fifteen thousand dollars for each violation.

            (b) For a second offense, a fine of not more than twenty-five thousand dollars for each violation.

            (c) For a third and subsequent offense, a fine of not more than fifty thousand dollars for each violation.

            D. If the commissioner issues a stop order for any crawfish, shrimp, or any product thereof, a retailer shall have a claim for reimbursement against the distributor that supplied the product in violation of this Section.

            E. Penalties shall apply only to a person that places a label on crawfish, shrimp, or any product thereof and may be assessed only by a ruling of the commissioner based upon an adjudicatory hearing held by the Louisiana Commission of Weights and Measures pursuant to R.S. 3:4605.

            F. The commissioner shall promulgate rules in accordance with the Administrative Procedure Act as are necessary to enforce the provisions of this Section.

            Acts 2024, No. 148, §1, eff. Jan. 1, 2025.