reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:637. Procedure for reporting violations of Part

RS 40:637 - Procedure for reporting violations of Part
A. Before reporting any violation of this Part to any district attorney for institution of criminal proceedings thereunder, the department may, in accordance with regulations prescribed by it, afford appropriate notice and opportunity for hearing to interested persons upon the question of such violations. The report to the district attorney when such hearings are held shall be accompanied by findings of the appropriate officers and employees.
B. The department need not report for prosecution minor violations of this Part when the purposes of the Part can best be accomplished by a suitable written notice or warning.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1985, No. 346, §1, eff. July 9, 1985.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:638. Duties of district attorney

RS 40:638 - Duties of district attorney
Each district attorney to whom the department reports any violation for institution of criminal or injunction proceedings under this Part, or to whom any health, food, or drug officer of the state or political subdivision thereof, presents evidence satisfactory to the district attorney, of any such violation, shall institute appropriate proceedings in the proper court without delay.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:639. Penalties

RS 40:639 - Penalties
Except as provided in R.S. 40:971.3, whoever violates any provision of this Part shall be fined, for the first offense, not more than one thousand dollars or imprisoned for not more than one year, or both. For the second or subsequent offense, he shall be fined not more than three thousand dollars or imprisoned for not more than two years, or both. But any person who violates the provisions of R.S. 40:625(C) shall only be fined not more than one thousand dollars for each violation if the violation does not involve gross deception or imminent danger to health, and is established by opinion evidence only.
Acts 2017, No. 108, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:640. Dealers excepted from penalty in certain cases

RS 40:640 - Dealers excepted from penalty in certain cases
No dealer is subject to the penalties of R.S. 40:639:
(1) For having received any article of food, drug, device, or cosmetic and in good faith sold it as received unless he refuses to furnish on request of an officer or employee duly designated by the department the name and address of the person from whom he purchased or received the article and all documents pertaining to the delivery of the article to him, or
(2) If he established a guaranty or undertaking signed by the person residing in Louisiana from whom he received in good faith the article of food, drug, device, or cosmetic, or advertising copy thereof to the effect that the designated article is not adulterated or misbranded within the meaning of this Part and that the copy is not false. To afford protection, this guaranty or undertaking shall contain the name and address of the person furnishing it. This person shall be amenable to the prosecution and penalties which would attach in due course to the dealer under the provisions of this Part.
Amended by Acts 1950, No. 316, §11. Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:641. Injunction proceedings

RS 40:641 - Injunction proceedings
A. In order to avoid multiplicity of criminal prosecutions, the district courts may, for cause, restrain any person by temporary or permanent injunction from the repetitious introduction or causing to be introduced into commerce of any adulterated, misbranded, or unregistered food, drug, device, or cosmetic; or from the dissemination or causing to be disseminated of a false advertisement by any means for the purpose of inducing, directly or indirectly, the purchase of food, drugs, devices, or cosmetics in commerce.
B. In these injunction proceedings it is not necessary to show an intent on the part of the person enjoined to continue the offense.
C. Violation of any injunction issued pursuant to this Section shall be summarily tried and punished by the court as a contempt. The contempt proceedings may be instituted by order of the court or by the filing of an information by the district attorney and process of the court for the arrest of the violator may be served at any place in the state.
D. No person violates any injunction issued pursuant to this Section by reason of the dissemination, subsequent to the injunction, of the false advertisement which was the basis of the injunction, if the dissemination was beyond the control of the person.
Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:651. Definitions

RS 40:651 - Definitions
As used in this Part, unless the context otherwise indicates, the following terms shall have the following meanings ascribed to them:
(1) "Confirmed positive test result" means any result obtained from a laboratory test of an ingredient, equipment, container, or finished product that indicates the presence of an adulterant, as defined by R.S. 40:607 et seq., in excess of any tolerance specified in state or federal law or regulations.
(2) "Department" means the Louisiana Department of Health.
(3) "Food processing plant" means a commercial operation that manufactures food for human consumption and does not provide food directly to a consumer from that location. Such term shall not include a commercial operation that produces raw agricultural commodities and whose end product remains a raw agricultural product.
(4) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 2009, No. 341, §1, eff. July 6, 2009.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:652. Food processing plants; written food processing plan

RS 40:652 - Food processing plants; written food processing plan
A. Beginning January 1, 2011, every food processing plant operating within the state shall maintain a written food processing plan which shall be immediately available for review by the department upon request.
B. The secretary shall promulgate rules and regulations, pursuant to the Administrative Procedure Act, establishing minimum standards and requirements for a written food processing plan. The rules and regulations shall require a food processing plan to include, but not be limited to, a description of the procedures to be used to prevent the presence of hazards such as poisonous or deleterious substances or other contaminants that would render finished foods or finished ingredients, as manufactured, injurious to the public health, a description of preventative controls, monitoring methods to ensure the effectiveness of preventative controls, records of corrective actions, and any actions taken in response to the presence of known hazards.
C. Any food processing plant which maintains a Hazard Analysis Critical Control Point Plan which meets or exceeds the criteria required for such plan by either the United States Department of Agriculture or the Food and Drug Administration shall be deemed to have satisfied the requirements of this Section.
D. Any person or firm operating a food processing plant that violates the provisions of this Section shall be subject to a civil fine of not more than five hundred dollars.
Acts 2009, No. 341, §1, eff. July 6, 2009.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:653. Food processing plants; recall plan

RS 40:653 - Food processing plants; recall plan
A. Beginning January 1, 2011, every food processing plant operating within this state shall maintain a written food recall plan which shall be immediately available for review by the department upon request.
B. The secretary shall promulgate rules and regulations, pursuant to the Administrative Procedure Act, establishing minimum standards and requirements for a written food recall plan.
C. Any person or firm operating a food processing plant that violates the provisions of this Section shall be subject to a civil fine of not more than five hundred dollars.
Acts 2009, No. 341, §1, eff. July 6, 2009.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:654. Food processing plants; foodborne illness reporting and testing requirements

RS 40:654 - Food processing plants; foodborne illness reporting and testing requirements
A. Whenever any person or firm that operates a food processing plant in this state obtains information from testing of samples or specimens of finished foods or finished ingredients which indicates a confirmed positive test result, the person or firm shall report such test results to the department within twenty-four hours of obtaining such information.
B. The state health officer may, based upon a showing of probable cause by the department that the food processing facility is producing food which may be adulterated, as defined in R.S. 40:607 et seq., or is processing food in a manner which may cause an imminent menace to the public health, order the food processing facility to submit samples to a laboratory, specified by the department, for testing at the expense of the food processing facility. The results of such testing shall be furnished to the department.
C. Whenever any person or firm violates the provision of this Section, such person or firm shall be subject to a civil fine of not more than one thousand dollars.
Acts 2009, No. 341, §1, eff. July 6, 2009; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:671. Washing prohibited; penalty

RS 40:671 - Washing prohibited; penalty
A. No one shall wash any articles of food intended for human consumption in any body of water on the right of way of any public highway or road, or in any water anywhere except running water.
B. Whoever violates the provisions of this Section shall be fined not more than five dollars or imprisoned for not more than five days.
Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:676. Laetrile

RS 40:676 - Laetrile
A. The manufacture, sale, possession, and use of laetrile, or amygdalin is lawful in the state of Louisiana. However, the sale of the parenteral form of laetrile is lawful only with the prescription of a licensed physician.
B. The manufacture, sale, possession and use of laetrile, or amygdalin, is subject to the provisions of Chapters 1 and 4 of this Title, except for the provisions of the first unnumbered Paragraph of Section 607, the first unnumbered Paragraph of Section 608, last sentence of Paragraph 10 of Section 608, the first unnumbered Paragraph of Section 616, the first unnumbered Paragraph of Section 617, and Section 618. The manufacture, sale, possession, or use of laetrile shall not be restricted or limited on grounds it is ineffective in the prevention or treatment of cancer.
Added by Acts 1977, No. 99, §1, eff. June 22, 1977.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:681. License required for use of containers

RS 40:681 - License required for use of containers
No person shall use or sell or transfer for use in the manufacturing, production, preparation, compounding, blending, or packing for sale, distribution, or transfer of a food, drug, or beverage any containers other than new containers unless he has been duly licensed by the Louisiana Department of Health, hereinafter referred to in this Part as the "department".
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:682. Qualifications for license; sterilization process

RS 40:682 - Qualifications for license; sterilization process
A. The department shall issue the license required in R.S. 40:681 to any applicant upon receipt of such evidence as it requires to show that the applicant is properly equipped and maintains and uses the method provided for in Subsection B of this Section in cleansing and sterilizing the containers.
B. All containers shall be cleansed, sterilized, and freed from rust and contamination by soaking them for a period of not less than five minutes in a hot caustic solution of not less than one hundred twenty degrees Fahrenheit, which shall be indicated by a thermometer. This solution shall contain not less than two and one-half percent of caustic soda expressed in terms of sodium hydrates. The containers shall then be thoroughly rinsed in pure water. The cleansing solution shall be changed frequently so as to prevent it from becoming foul and unsanitary.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:683. Duration of license

RS 40:683 - Duration of license
The license provided for in R.S. 40:681 extends for one year from the date of its issuance unless sooner revoked as herein provided. It shall be renewed annually thereafter upon the same terms and conditions as prescribed in R.S. 40:682. A license fee of five dollars shall be collected from each licensee.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:684. Issuance of certificate by licensee; revocation of license for wrongful issuance

RS 40:684 - Issuance of certificate by licensee; revocation of license for wrongful issuance
Each licensee shall issue a certificate with each shipment of containers to a purchaser or transferee, stating that the licensee has cleansed, sterilized, and freed the containers from rust and contamination as provided in R.S. 40:682. If any licensee issues this certificate without having complied with the requirements of this Part, his license shall, after a hearing before the department, be revoked by the department.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:685. Sterilization certificate as license for use of containers

RS 40:685 - Sterilization certificate as license for use of containers
If the purchaser or transferee of containers covered by this Part shows a certificate of sterilization signed by a duly qualified licensee, he is duly licensed under the provisions of this Part. No purchaser or transferee shall use any containers covered by this Part without a certificate, except as hereafter provided.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:686. Sale or transfer to licensee to cleanse or sterilize

RS 40:686 - Sale or transfer to licensee to cleanse or sterilize
Nothing contained in this Part prohibits the sale or transfer for use of containers covered hereby which have not been so cleansed and sterilized to a purchaser or transferee who is duly licensed under the provisions of this Part to cleanse, sterilize, and free the containers from rust and contamination.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:687. Re-use of closures

RS 40:687 - Re-use of closures
No person shall use more than once closures of any character in the packing for sale or transfer of a food, drug, or beverage. The term "closure" includes any crown, screw cap, vacuum cap, cork, or any other article used to cap or seal any container of any food, drug, or beverage.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:690. Metal beverage containers

RS 40:690 - Metal beverage containers
A. No person shall sell or offer for sale at retail in this state any metal beverage container so designed and constructed that a metal part of the container is detachable in opening the container. The provisions of this Section do not prohibit the sale of or the offer for sale of the following:
(1) A beverage container sealed with a laminated tape seal, even if the seal contains aluminum foil, if the seal is not rigid.
(2) Frozen beverage concentrate in all metal containers with detachable metal pull tabs, customarily and primarily purchased for dilution and for use within the home or for similar purposes.
(3) Metal beverage containers with pull tabs for milk-based products, soy-based products, or similar products which require sterilization and pressure in the canning process.
B. As used in this Section:
(1) "Beverage container" shall include but not be limited to any sealed can containing beer, cereal malt beverage, mineral water, and soda water and similar soft drinks in liquid form and intended for human consumption.
(2) "Soft drink" shall include but not be limited to all beverages, whether carbonated or not, such as soda water, ginger ale, 7-Up, Hi-C, Coca-Cola, iced tea, lemonade, Pepsi Cola, Hawaiian Punch, Dr. Pepper, milk drinks when any flavoring or syrup is added, cider, cordial, carbonated water, mineral water, or any and all preparations commonly referred to as soft drinks of whatsoever kind, including any and all beverages referred to as soft drinks which are manufactured without the use of any syrup.
C. The penalties in R.S. 40:689 shall apply to violations of this Section.
Acts 1990, No. 282, §1; eff. July 5, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:695. Tampering with consumer products; false reports of violations; prohibition; penalties

RS 40:695 - Tampering with consumer products; false reports of violations; prohibition; penalties
A. Tampering with consumer products is the tampering with or attempt to tamper with any food, drug, device, or cosmetic, or the tampering with or attempt to tamper with the label or container of any such item, with the intent to cause bodily injury or death to any person. For purpose of this Subpart, the terms food, drug, device, cosmetic, or label shall have the same meanings as provided in R.S. 40:602, except that they shall include only such items produced or distributed for human consumption or use.
B. Any person who commits the crime of tampering with consumer products shall:
(1) When no bodily injury or death results, be fined not more than five thousand dollars, imprisoned for not more than five years, or both.
(2) When the bodily injury of any person results, be fined not more than ten thousand dollars, imprisoned for not more than ten years, with or without hard labor, or both.
(3) When the death of any person results, be imprisoned for life at hard labor without benefit of parole, probation, or suspension of sentence.
C.(1) False reporting of tampering with consumer products is the willful and malicious imparting or conveying of false information, knowing such information to be false, concerning conduct or attempted conduct which, if such conduct occurred, would constitute a violation of R.S. 40:695(A).
(2) Whoever commits the crime of false reporting of tampering with consumer products shall be fined not more than five thousand dollars, imprisoned for not more than five years, or both.
Added by Acts 1983, No. 721, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700. Definition of terms

RS 40:700 - Definition of terms
As used in this Subpart, unless the context otherwise indicates, the following terms shall have the meaning ascribed to them in this Section:
(1) "Advertisement" includes all representations of fact or opinion disseminated to the public in any manner or by any means.
(2) "Dealer" means any person or entity engaged in the business of selling water treatment devices to the public.
(3) "Department" means the Louisiana Department of Health and "secretary" means the secretary thereof.
(4) "Water treatment device" means any instrument or contrivance sold at retail for residential use and designed to be added to the plumbing system of a water supply intended for human consumption to improve that water supply by any means including, but not limited to, filtration, purification, distillation, or conditioning.
Added by Acts 1983, No. 507, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700.1. Rules and regulations

RS 40:700.1 - Rules and regulations
The secretary of the Louisiana Department of Health shall have the authority to promulgate rules and regulations, with the advice and recommendations of the Advisory Committee on Water Treatment Devices, for the efficient enforcement of this Subpart.
Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700.2. False advertisement

RS 40:700.2 - False advertisement
A. An advertisement of a water treatment device is false if it is false or misleading in any particular regarding the water treatment device.
B. Except as provided below, the advertisement of a water treatment device representing it to have any therapeutic effect in the treatment of cancer, heart and vascular diseases, or any other diseases for which no known therapeutic effect has been fully established is false. No advertisement not in violation of Subsection A of this Section shall be considered false under this Subsection, if it is disseminated only to members of the medical and pharmaceutical professions or appears only in the scientific periodicals of these professions, or if it is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of water treatment devices.
C. Except as provided in R.S. 40:700.3, it is unlawful for any person to disseminate false advertisement by any means for the purposes of inducing, directly or indirectly, the purchase of water treatment devices.
Added by Acts 1983, No. 507, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700.3. Exceptions as to false advertising by agencies

RS 40:700.3 - Exceptions as to false advertising by agencies
Publishers, radio broadcast licensees, television broadcast licensees, advertising agencies, and other agencies or mediums for dissemination of advertising do not violate the provisions of R.S. 40:700.2 by the dissemination of any false advertisement when the dissemination is caused by the manufacturer, packer, distributor, or seller who resides in Louisiana. However, the manufacturer, packer, distributor, or seller is amenable to prosecution and the penalties provided for the violations of R.S. 40:700.2. No publisher, radio broadcast licensee, television broadcast licensee, advertising agency, or other agency or medium for the dissemination of advertising shall willfully refuse, on reasonable request of an officer or employee duly designated by the department, to furnish to the officer or employee the name and post office address of the manufacturer, packer, distributor, or seller, residing in Louisiana, who caused him to disseminate any such advertisement.
Added by Acts 1983, No. 507, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700.4. Other prohibited acts

RS 40:700.4 - Other prohibited acts
The following acts and the causing thereof are prohibited:
(1) The verbal or written misrepresentation of any water treatment device by any person selling such devices to the public for the purposes of inducing, directly or indirectly, the purchase of water treatment devices.
(2) The sale of any water treatment device to the public without a permit issued by the department.
Added by Acts 1983, No. 507, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700.5. Permit; application; fees; renewal

RS 40:700.5 - Permit; application; fees; renewal
A. The department may require all dealers who engage in the business of selling water treatment devices to the public to obtain a permit and shall provide by regulation for a reasonable time period in which to obtain such permit.
B. The department shall have the authority to promulgate rules and regulations and to charge reasonable fees relating to the issuance of such permits. Any applicant which meets the criteria established by the department shall be issued a permit.
C. Permits issued pursuant to the provisions of this Subpart shall be valid for one calendar year from the date of issue, unless revoked as provided in R.S. 40:700.6, and shall be renewed annually thereafter.
Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700.6. Revocation of permit

RS 40:700.6 - Revocation of permit
A. The department may revoke any permit issued pursuant to the provisions of this Subpart at any time the holder of a permit is found to be in noncompliance with the provisions of this Subpart or the rules and regulations established by the department.
B. The department may revoke any such permit either temporarily, until there is compliance with the provisions of this Subpart and with the rules and regulations as established by the department, or permanently for the unexpired period of the permit.
Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700.7. Surety bond

RS 40:700.7 - Surety bond
A. Every dealer permitted pursuant to the provisions of this Subpart shall maintain with the secretary of the Louisiana Department of Health a surety bond in the amount of ten thousand dollars. Each bond shall be issued by a surety authorized to do business in Louisiana, and shall be in favor of the state for the use, benefit, and indemnity of any person who suffers any damage or loss as a result of the dealer's violation of law or breach of contract. Recovery hereunder shall in no event exceed the amount of the bond.
B. In lieu of the bond required by Subsection A of this Section, a dealer may deposit with the secretary of the Louisiana Department of Health a certificate of deposit issued by a financial institution doing business in this state and insured by the Federal Deposit Insurance Corporation, and pledge it to the state of Louisiana for the benefit of any customer who suffers any damage or loss as a result of the dealer's violation of law or breach of contract. The certificate shall be in the amount of the bond required under Subsection A of this Section. Any interest from the certificate of deposit shall be payable to the dealer. If the state or a customer obtains a final judgment against the dealer which must be satisfied from the proceeds of the certificate of deposit, any penalty arising from premature payment of the certificate of deposit shall be paid by the dealer and not subtracted from the face amount of the pledged certificate.
C. The state or any person claiming against the bond may maintain an action for damages or other relief against the principal or the surety, or both. The liability of the surety for all breaches of the conditions of the bond provided herein shall in no event exceed the amount of the bond.
D. The dealer shall file any bond required of him with the secretary before doing any business in this state, including advertising or soliciting.
E. The term of a bond required by this Section shall be continuous. The surety on the bond may terminate the bond upon giving a sixty-day written notice to the secretary and the principal; however, the liability of the surety for the acts of the principal shall continue during the sixty-day period. The notice shall not release the surety from liability which accrues before the termination becomes final, but which is discovered after that date.
Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700.8. Procedure for reporting violations of Subpart

RS 40:700.8 - Procedure for reporting violations of Subpart
A. Before reporting any violation of this Subpart to any district attorney for institution of criminal proceedings thereunder, the department shall afford appropriate notice and opportunity for hearing, in accordance with regulations prescribed by it, to interested persons upon the question of such violations. The report to the district attorney shall be accompanied by findings of the appropriate officers and employees.
B. The department need not report for prosecution minor violations of this Subpart when the purposes of the Subpart can best be accomplished by a suitable written notice or warning.
Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700.9. Duties of district attorney

RS 40:700.9 - Duties of district attorney
Each district attorney to whom the department reports any violation for institution of criminal proceedings or proceedings for an injunction under this Subpart, or to whom any health, food, or drug officer of the state or political subdivision thereof presents evidence satisfactory to the district attorney of any such violation shall institute appropriate proceedings in the proper court without delay.
Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700.10. Penalties

RS 40:700.10 - Penalties
A. Whoever violates any provision of this Subpart shall be fined, for the first offense, not more than five hundred dollars or imprisoned for not more than six months, or both.
B. For the second or subsequent offense, he shall be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
C. But any person who violates the provisions of R.S. 40:700.2(C) shall only be fined not more than one thousand dollars for each violation if the violation does not involve gross deception or imminent danger to health, and is established by opinion evidence only.
Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:700.11. Injunction proceedings

RS 40:700.11 - Injunction proceedings
A. In order to avoid multiplicity of criminal prosecutions, the district courts may, for cause, restrain any person by temporary or permanent injunction from the dissemination or causing to be disseminated of a false advertisement by any means for the purpose of inducing, directly or indirectly, the purchase of water treatment devices in commerce; or from engaging in the business of selling water treatment devices to the public without a permit issued by the Louisiana Department of Health; or from engaging in other unfair or deceptive trade practices including, but not limited to, verbal or written misrepresentation of any water treatment device.
B. In these proceedings for an injunction it is not necessary to show an intent on the part of the person enjoined to continue the offense.
C. In addition to other remedies, violation of any injunction issued pursuant to this Section shall be summarily tried and punished by the court as a contempt. The contempt proceedings may be instituted by order of the court or by the filing of an information by the district attorney and process of the court for the arrest of the violator may be served at any place in the state.
D. No person violates any injunction issued pursuant to this Section by reason of the dissemination, subsequent to the injunction, of the false advertisement which was the basis of the injunction, if the dissemination was beyond the control of the person.
Added by Acts 1983, No. 507, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:701. Definitions

RS 40:701 - Definitions
As used in this Subpart:
(1) "Department" means the Louisiana Department of Health.
(2) "Water vending machine", hereinafter referred to as machine, means any machine connected to a water supply which filters or purifies water for the purpose of selling such water for human consumption.
Added by Acts 1983, No. 510, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:701.1. Permit; application; fees; renewal

RS 40:701.1 - Permit; application; fees; renewal
A. The department shall require each owner or operator of water vending machines to obtain a permit for each machine prior to the installation of such machine; however, any machine currently in operation may continue in operation until permits for such machine can be obtained under the provisions of this Subpart; however, such period shall not exceed one calendar year from the effective date of this Subpart.
B. The department shall establish written rules and regulations for the issuance of such permits including but not limited to machine construction, installation, performance, control, and maintenance criteria. Any applicant who meets the criteria established by the department shall be issued a permit.
C. The department shall collect a fee of one hundred dollars for each permit issued.
D. Permits issued under the provisions of this Subpart shall be valid for one calendar year from the date of issue unless sooner revoked as provided in R.S. 40:701.2 and shall be renewed annually thereafter.
Added by Acts 1983, No. 510, §1; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:701.2. Revocation of permit

RS 40:701.2 - Revocation of permit
A. The department shall revoke any permit issued pursuant to the provisions of this Subpart for noncompliance with the provisions of this Subpart at any time a machine is found to be in noncompliance with the provisions of this Subpart or the rules and regulations established by the department.
B. The department may revoke any such permit either temporarily until there is compliance with the provisions of this Subpart and with the rules and regulations as established by the department or permanently for the unexpired period of the permit.
C. Any person whose permit for a water vending machine has been revoked shall discontinue the operation of the machine until the machine has been brought into compliance with this Subpart and he shall have obtained a new permit to operate from the department. Added by Acts 1983, No. 510, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:701.3. Labeling

RS 40:701.3 - Labeling
Notwithstanding the issuance of any permit, every machine as defined in this Subpart shall have a label which shall be displayed prominently on the machine indicating the source of the water dispensed, the methods used to treat the water to reduce or eliminate impurities, and the chemical names and concentrations of any preservatives or additives.
Added by Acts 1983, No. 510, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:701.4. Penalty for violations

RS 40:701.4 - Penalty for violations
Whoever violates any provision of this Subpart shall be fined one thousand dollars for each offense. Each violation shall constitute a separate offense.
Added by Acts 1983, No. 510, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:701.5. Injunction proceedings

RS 40:701.5 - Injunction proceedings
A. In order to avoid multiplicity of criminal prosecutions, the district courts may, for cause, restrain any person by temporary or permanent injunction from the continued operation of a water vending machine for which a permit has not been issued under the provisions of R.S. 40:701.1 or which does not display the label required by R.S. 40:701.3.
B. Violation of any injunction issued pursuant to this Section shall be summarily tried and punished by the court as a contempt. The contempt proceedings may be instituted by order of the court or by the filing of a bill of information by the district attorney. Process of the court for the arrest of the violator may be served at any place in the state.
Added by Acts 1983, No. 510, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:711. Permit for manufacture or sale

RS 40:711 - Permit for manufacture or sale
No person shall manufacture for sale or sell in containers any soft drink, malt beverage, or other nonalcoholic beverage without having first obtained a permit from the Louisiana Department of Health, hereinafter referred to in this Part as the "department".
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:712. Part inapplicable to persons selling soft drinks where manufactured

RS 40:712 - Part inapplicable to persons selling soft drinks where manufactured
Nothing in this Part applies to persons operating soda fountains and selling soft drinks, malt beverages, and other non-alcoholic beverages in glasses or jugs on the premises where manufactured.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:713. Contents of application; fee

RS 40:713 - Contents of application; fee
A. The application for the permit required under R.S. 40:711 shall contain the name of the applicant, his address, the location of the manufacturing plants, the name of the drink or beverage, and any other pertinent information prescribed by the department in pursuance of the provisions of this Part.
B. Repealed by Acts 2000, 1st Ex. Sess., No. 125, §2, eff. July 1, 2000.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2000, 1st Ex. Sess., No. 125, §2, eff. July 1, 2000.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:714. Inspection; granting or refusing permit; grounds

RS 40:714 - Inspection; granting or refusing permit; grounds
A. Upon receipt of the application and fee, the department shall make an inspection of the premises of the applicant wherein the drink or beverage is to be manufactured for sale or sold, and, when the provisions of the sanitary code governing the operation of bottling plants have been fully complied with, shall issue to the applicant a permit for the manufacture and sale of the drinks and beverages mentioned in this Section.
B. A permit may be denied at the time of the application:
(1) If the establishment of the applicant is known to be in an unsanitary condition.
(2) If the water supply is known to be dangerously contaminated.
(3) If the applicant does not submit sufficient proof of competency to bottle soft drinks, malt beverages, or other nonalcoholic beverages.
(4) If the sanitary code has not been complied with by the applicant in every respect.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:716. Inspection of soft drinks manufactured outside state; fee

RS 40:716 - Inspection of soft drinks manufactured outside state; fee
No soft drink, malt beverage, or other nonalcoholic beverage not manufactured in this state shall be sold or offered for sale in this state unless the state health officer of the state in which the plant manufacturing the drink or beverage is located has inspected and approved the plant and forwarded a certificate to that effect to the Louisiana Department of Health and a correct sample is first inspected by and registered with the department. An inspection fee of twenty-five dollars for each sample bearing a distinguishing flavor or name shall be paid by the manufacturer thereof, his agent, or dealer to the department annually.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:717. Inspection of bottling plants and places for sale; fee

RS 40:717 - Inspection of bottling plants and places for sale; fee
The department shall make at least one inspection each year of each bottling plant and place where soft drinks, malt beverages, or other nonalcoholic beverages are manufactured or sold in containers. However, it may inspect any such plant as often as it thinks proper for the enforcement of this Part or in the interest of the public health. The department may issue multiple permits to bottling plants; however, only one annual fee per establishment shall be charged and collected from plants bottling soft drinks, syrups, mixes, and concentrates. The department shall charge and collect an annual fee for each soft drink bottling plant based on the gross annual sales of such plant according to the following schedule:
Annual sales
Annual fee
Under $500,000
$ 175.00
$500,000 - $1,000,000
475.00
$1,000,001 - $2,500,000
775.00
$2,500,001 - $5,000,000
1,075.00
over $5,000,000
1,375.00
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:718. Each separate plant subject to inspection or permit fee

RS 40:718 - Each separate plant subject to inspection or permit fee
For purposes of this Part, each plant or place where soft drinks, malt beverages, or other nonalcoholic beverages are manufactured for sale is considered a separate and distinct business, subject to the inspection or permit fees provided for in this Part, even though the plants or places may be owned or operated by one person.
Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:719. Revocation of permit

RS 40:719 - Revocation of permit
A. The department may revoke any permit issued under the terms of this Part for noncompliance with the provisions of the sanitary code or the food and drug laws or regulations of the state.
B. It may revoke any such permit either temporarily, until there is a compliance with the provisions of this Part and with the sanitary code and other laws and regulations on the same subject matter, or permanently for the unexpired period of the permit.
C. Any person whose permit has been revoked shall discontinue the manufacture and the sale within this state of soft drinks, malt beverages, and other nonalcoholic drinks until he shall have complied with this Part and shall have obtained a new permit to operate from the department.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:720. Ingredients permitted in soft drinks

RS 40:720 - Ingredients permitted in soft drinks
For purposes of this Part, all soft drinks or other nonalcoholic beverages, except nonalcoholic fruit juices, shall consist of a beverage made from pure cane or beet sugar syrup or such other sweetening liquids or substances as are permitted by the regulations of the department, containing pure flavoring material, with or without added fruit acid, with or without added color. Nothing in this Part prohibits the use of any other harmless ingredients in the manufacture of soft drinks, malt beverages, and other nonalcoholic beverages. When artificial coal-tar colors are used, nothing but the certified colors approved by the government of the United States are permissible.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:722. Penalty for violations

RS 40:722 - Penalty for violations
Whoever violates any provision of this Part shall be fined, for the first offense, not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than ninety days, or both. For each subsequent offense, he shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than ninety days nor more than six months, or both.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:731. Legislative intent

RS 40:731 - Legislative intent
It is the intent of the legislature to protect the public's health by establishing standards for bottled water and bottled water plants, water dealers, and water transportation vehicles or vessels to ensure that consumers who obtain water through such means are given appropriate information as to the nature of such water and that such consumers are assured that the water meets acceptable standards for human consumption.
Acts 1991, No. 623, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:733. Product quality

RS 40:733 - Product quality
A. All bottled water shall be from an approved source and shall not contain any constituent in quantities that may be injurious to health, as established by the department by rule. All bottled water shall meet standards prescribed by the FDA in 21 CFR Section 103.35, except that the total dissolved solids limitation of Section 103.35(d) shall not apply to mineral water and except that bottled water shall not exceed 10 ppb of total trihalomethanes and 5 ppb of lead.
B. Except as provided in Subsection A of this Section, bottled water, including mineral water, shall not exceed any maximum contaminant level contained in R.S. 40:740(A), or any maximum contaminant level established by EPA under the Safe Drinking Water Act or established by the department by rule for any organic or inorganic chemical.
Acts 1991, No. 623, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:736. Finished product monitoring

RS 40:736 - Finished product monitoring
A. To assure that bottled water complies with R.S. 40:733, the following product monitoring using representative samples derived from the bottled product shall be performed.
(1) For microbiological contaminants specified in R.S. 40:733, analyze weekly a representative sample from a batch or segment of a continuous production for each type of bottled water produced by the plant.
(2) For chemical, physical, and radiological contaminants specified in R.S. 40:733, analyze annually a representative sample from a batch or segment of continuous production run for each type of bottled drinking water produced by the plant.
B. The required product water sampling shall be performed by qualified personnel and required analysis shall be performed by an approved laboratory.
C. Records of required sampling and analysis shall be maintained at the plant not less than five years and shall be available for official review upon request of the department.
Acts 1991, No. 623, §1.