§4749.2. Imported seafood; testing; penalties
A. In addition to any regulations and testing required by the Louisiana Department
of Health to ensure compliance with the state Sanitary Code, any processor or distributor
who is required to pay the imported seafood safety fee pursuant to R.S. 40:31.35(C) shall be
subject to the regulations and testing provided for in this Section.
B. Upon request of the department, the processor or distributor shall:
(1) Provide any information, if available, on whether the seafood has previously been
tested in the country of origin or upon arrival in the United States.
(2) Ensure all labels affixed to the imported or commingled seafood clearly indicates
that it is imported, indicates the original country of origin, and if the product is commingled,
that the label clearly indicates that the seafood is a product of the identified foreign country
that also includes Louisiana domestic seafood.
(3) Provide any additional information considered necessary by the department to
implement the provisions of this Section.
C.(1) The department may sample, analyze, and test seafood processed or sold by an
imported commercial seafood processor or distributor to ensure the chemical concentrations
do not exceed the minimum standards established by the United States Food and Drug
Administration.
(2) If the seafood tested exceeds the minimum standards, the department shall report
the test results to the Louisiana Department of Health and the processor or distributor. The
Louisiana Department of Health shall consider any seafood reported pursuant to this
Subsection to be an adulterated food pursuant to R.S. 40:607.
(3) In addition to reporting the test results to the Louisiana Department of Health,
the department may issue a civil penalty of not more than one thousand dollars for violations
of this Subsection.
D. If the department has reason to believe a commercial seafood processor or
distributor is processing or distributing imported seafood packed or labeled as domestic
seafood, the department may test the seafood to ensure the seafood is domestic. If the
seafood is not domestic, the department may assess the following civil penalties on the
commercial seafood processor or distributor:
(1) For a first offense, a fine of not more than fifteen thousand dollars per violation.
(2) For a second offense, a fine of not more than twenty-five thousand dollars per
violation.
(3) For a third or subsequent offense, a fine of not more than fifty thousand dollars
per violation.
E.(1) Civil penalties 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.
(2) In addition to civil penalties, the commissioner may assess the proportionate
costs of the adjudicatory hearing against the offender. The commissioner shall determine the
amount of costs to be assessed.
(3) The commissioner may institute civil proceedings to enforce his rulings in the
district court for the parish in which the violation occurred.
(4) The commissioner may institute civil proceedings seeking injunctive relief to
restrain and prevent the violation of the provisions of this Part, or of the rules and regulations
adopted under the provisions of this Part, in the district court for the parish in which the
violation occurred.
F. Any civil penalties collected pursuant to this Section shall be deposited into the
Weights and Measures Fund provided for in R.S. 3:4622.
Acts 2025, No. 300, §2, eff. June 11, 2025.