§5.5.2. Seafood safety

            A. The legislature finds 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 seafood that originates from outside of the United States. The overexposure to antibiotics from such seafood may cause serious antibiotic resistance to the consumer. In addition, chemicals such as malachite green are known carcinogens. It is the intent of the legislature to protect the health and welfare of Louisiana consumers from potentially harmful residues in imported seafood that is sold or served in Louisiana. The legislature further recognizes that the magnitude of the health risks associated with imported seafood requires the full cooperation and collaboration of the Louisiana Department of Health, the Louisiana Department of Agriculture and Forestry, the Louisiana Department of Wildlife and Fisheries, the Department of Culture, Recreation and Tourism, and the Department of Environmental Quality.

            B.(1) The state health officer shall prepare and promulgate all rules and regulations necessary to ensure that all consumers of imported marine and freshwater seafood products are warned about the potential health risks associated with the consumption of those products.

            (2) The state health officer, in consultation with the Seafood Safety Task Force, office of the lieutenant governor, the Louisiana Seafood Promotion and Marketing Board, and the Louisiana Restaurant Association shall employ a marketing campaign that places an emphasis on highlighting the benefits of eating domestic seafood.

            (3) The state health officer shall produce a statement that may be included on labels, placards, menu boards, or other promotional signage that encourages consumers to consume Louisiana seafood and warns of the risks that may be associated with the consumption of imported seafood.

            (4) With the cooperation and assistance of the Louisiana Retailers Association, the Louisiana Restaurant Association, and other necessary organizations, the state health officer in conjunction with the Department of Agriculture and Forestry shall encourage the display of the signage and other promotional literature as provided for in this Section where seafood sales occur.

            C. As used in this Part, the following terms shall have the following meanings:

            (1) "Commingle" means to cause to blend together, mix, or combine domestic and imported seafood.

            (2) "Domestic crawfish" means any food product that is derived from red swamp crawfish (Procambarus clarkii), white river crawfish (Procambarus zonangulus), or pond-raised crawfish and is either:

            (a) Raised, harvested, and processed in Louisiana.

            (b) Raised, harvested, and processed in the United States and has satisfied the same or substantially equivalent testing and labeling requirements of this state.

            (3) "Domestic shrimp" means any food product that is derived from the species Litopenaeus setiferus, Farfantepenaeus aztecus, Farfantepenaeus duorarum, Sicyonia brevirostris, Pandalus borealis, and Pleoticus robustus and is either:

            (a) Caught in Louisiana waters, the Gulf of Mexico, or any other adjacent state waters and landed and processed in Louisiana.

            (b) Caught, landed, and processed in the United States and has satisfied the same or substantially equivalent testing and labeling requirements of this state.

            Acts 2009, No. 330, §1, eff. Jan. 1, 2010; Acts 2022, No. 271, §4; Acts 2024, No. 148, §3, eff. Jan. 1, 2025.