reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:737. Labeling requirements

RS 40:737 - Labeling requirements
All bottled water shall conform to applicable federal and state labeling laws and be labeled in compliance with the following standards:
(1) Mineral water may be labeled "mineral water". Bottled water to which minerals are added shall be labeled so as to disclose that the minerals are added and may not be labeled "natural mineral water".
(2) Spring water may be labeled "spring water" or "natural spring water".
(3) Water containing carbon dioxide that emerges from the source and is bottled directly with its entrapped gas may bear on its label the words "naturally carbonated" or "naturally sparkling".
(4) Bottled water which contains carbon dioxide other than that naturally occurring in the source of the product shall be labeled with the words "carbonated", "carbonation added", or "sparkling" when the carbonation is obtained from a natural or manufactured source.
(5) Well water may be labeled "well water" or "natural well water".
(6) Artesian water may be labeled "artesian water" or "natural artesian water".
(7) Purified water shall be labeled "purified water" and the method of preparation shall be stated on the label, except that purified water produced by distillation may be labeled as "distilled water".
(8) Drinking water may be labeled "drinking water".
(9) Any bottler, distributor, or vendor of bottled water whose corporate name, brand name, or trademark contains the word "spring", "well", "artesian", "mineral", or "natural" or any derivative of those words shall label each bottle with the type of bottled water as defined in R.S. 40:732 in typeface at least equal to the size of the typeface of the corporate name, brand name, or trademark, if the type of the bottled water is different from the type stated or implied in the corporate name, brand name, or trademark.
(10) The use of the word "spring", or any derivative thereof other than in a trademark, trade name, or company name, to describe water that is not spring water as defined herein shall be prohibited.
(11) A product meeting more than one definition as stated in R.S. 40:732 may be identified by any of the applicable product types defined in R.S. 40:732, except where otherwise specifically prohibited.
(12) Supplemental printed information and graphics may appear on the label but shall not imply properties of the product or preparation methods which are not factual.
(13) Each bottler, manufacturer, distributor, or vendor of bottled water shall register each separate and distinct type of bottled water with the department in accordance with R.S. 40:627 and R.S. 40:628.
Acts 1991, No. 623, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:738. Soda water/soft drink exemption

RS 40:738 - Soda water/soft drink exemption
Bottled soft drinks, soda, or seltzer products commonly recognized as soft drinks and identified on the product identity panel with a common or usual name other than one of those specified in R.S. 40:732 are exempt from the requirements of this Part. Water that is not in compliance with the requirements of this Part may not be identified, labeled, or advertised as "artesian water", "bottled water", "distilled water", "natural water", "purified water", "spring water", or "well water".
Acts 1991, No. 623, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:741. Rules and enforcement; criminal penalties

RS 40:741 - Rules and enforcement; criminal penalties
A. The department may adopt rules to implement the provisions of this Part. All rules shall be adopted in accordance with the Administrative Procedure Act.
B. The department may deny, suspend, or revoke a permit when the department determines that there has been a substantial failure to comply with the provisions of this Part or to comply with the rules adopted under the provisions of this Part.
C. Whoever violates the provisions of this Part shall be fined not more than five hundred dollars.
Acts 1991, No. 623, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:751. Enforcement of Part

RS 40:751 - Enforcement of Part
The Louisiana Department of Health, hereinafter referred to in this Part as the "department," shall enforce this Part through the secretary of the department or its officers or agents.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:753. Conformity to rulings of federal security agency

RS 40:753 - Conformity to rulings of federal security agency
The department shall change or add to the specifications for ingredients and the amounts thereof so as to conform to any changes in the ruling of the Federal Security Agency concerning the addition of vitamins to oleomargarine.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:754. Right of entry upon premises of manufacturer, processor, or dealer

RS 40:754 - Right of entry upon premises of manufacturer, processor, or dealer
The department, through its agents, shall enter upon the premises of any manufacturer, processor, or refiner of oleomargarine, or upon the premises of any person engaged as a retail or wholesale dealer in oleomargarine, to collect samples for analyses or to make such investigations as may be necessary to properly enforce this Part.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:755. Shortage of vitamin; procedure for waiver

RS 40:755 - Shortage of vitamin; procedure for waiver
Whenever any person subject to the provisions of this Part submits to the secretary of the department an affidavit claiming a shortage or imminence of shortage of any vitamin added to or to be added to oleomargarine as required by this Part, the department shall request information from the federal agency responsible for information concerning the availability of that vitamin. If factual information from the federal source can be obtained within ten days, it shall be considered as final and the department shall act thereon. If the information from the federal agency is not available within ten days, the department shall call a public hearing, to be held within ten days after notice. If the testimony presented shows that the sale and distribution of oleomargarine may be substantially impeded by the enforcement of the provisions of this Part, the department shall authorize the sale and distribution of oleomargarine until adequate supplies of the vitamins become available, in the judgment of the department, based on information from the federal agencies or testimony at a public hearing.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:781. Definitions

RS 40:781 - Definitions
As used in this Part, unless the context clearly indicates otherwise, the following terms shall have the meanings ascribed to them in this Section:
(1) "Appropriate federal agency" means the Federal Security Agency or any agency or department or administrative federal officer charged with the enforcement and administration of the Federal Food, Drug, and Cosmetic Act.
(2) "Bread" means bread of every kind and description made wholly or partly from wheat flour, which conforms to the definition and standard of identity of bread as promulgated by the Federal Security Agency. The term does not include bread containing no wheat flour or breads made from whole wheat flour.
(3) "Enrichment", as applied to flour or bread, means the addition thereto of vitamins and other ingredients of the nature required by this Subpart; and the terms "enriched flour" and "enriched bread", (as defined in the regulations of the Food and Drug Administration, Federal Security Agency) means flour or bread, as the case may be, which has been enriched to conform to the requirements of this Subpart.
(4) "Flour" means flour of every kind and description made wholly or partly from wheat, which conforms to the definition and standard of identity of flour, white flour, wheat flour, and plain flour, as promulgated by the Federal Security Agency. The term does not include whole wheat flour made only from the whole wheat berry with no part thereof removed, and special packaged flours not used for bread baking, such as cake, pancake, cracker, and pastry flours.
(5) "Secretary" means the secretary of 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; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:782. Rules and regulations

RS 40:782 - Rules and regulations
The department shall make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this Subpart, including, but without being limited to, such orders, rules, and regulations as it is specifically authorized and directed to make in this Subpart.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:783. Publication of rules, orders, notices; effective date

RS 40:783 - Publication of rules, orders, notices; effective date
A. Whenever publication of any notice, order, rule, or regulation is required under this Subpart, it shall be made at least three times in ten days in newspapers of general circulation in three different sections of the state.
B. Within the limits specified in this Section, these notices, orders, rules, and regulations shall become effective on the date fixed 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 › §40:784. Exemptions from Subpart

RS 40:784 - Exemptions from Subpart
This Subpart does not apply to:
(1) Flour sold to bakers or other commercial secondary processors, if, prior to or simultaneously with delivery, the purchaser furnishes to the sellers a certificate of intent, on a form prescribed by the secretary, certifying that the flour shall be used only in the production of flour or bread enriched, within the given establishment, to meet the requirements of this Subpart or shall be used in the manufacture of products other than flour or bread. No purchaser furnishing this certificate of intent shall use the unenriched flour so purchased in any manner other than as stated in the certificate.
(2) Flour or bread which is made from the entire wheat berry with no parts of the wheat removed from the mixture. In cases of flour or bread containing mixtures of the whole wheat berry and white flour or a mixture of various portions of the wheat berry, these products shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described in this Subpart.
(3) Flour ground for the wheat producer when the miller is paid in wheat or feed for the grinding service rendered, except insofar as the mill manufactures toll wheat into flour and sells or offers for sale this flour. In the latter case, this Subpart is applicable.
(4) Farmers in exchanging their wheat for flour or having it ground into flour and disposing of it for their own use or for the use of farm labor on their farms.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:785. Vitamin content and other ingredients in flour

RS 40:785 - Vitamin content and other ingredients in flour
A. No person shall manufacture, mix, compound, sell, or offer for sale for human consumption in this state any flour unless the following vitamins and other ingredients are contained in each pound thereof:
Not less than 1.66 milligrams of vitamin B1 (thiamin); not less than 6 milligrams of nicotinic acid (also recognized under the name of niacin) or nicotinic acid amide (also known under the name of niacin amide); and not less than 6 milligrams of iron.
B. The department shall change or add to the specifications for ingredients and the amounts thereof so as to conform to the federal definition of enriched flour.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:786. Enrichment of flour; methods

RS 40:786 - Enrichment of flour; methods
The enrichment of flour shall be accomplished by a milling process, addition of vitamins from natural or synthetic sources, addition of minerals, or by a combination of these methods or by any method which is permitted by the Federal Security Agency with respect to flour introduced into interstate commerce.
If other vitamins or minerals than those provided for in R.S. 40:785 are added to flour, they shall be added only in accordance with the regulations of the Federal Security Agency.
Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched flour.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:787. Vitamin content and other ingredients in bread

RS 40:787 - Vitamin content and other ingredients in bread
A. No one shall manufacture, bake, sell, offer for sale, or receive in interstate shipment for sale for human consumption in this state any bread unless the following vitamins and other ingredients are contained in each pound thereof:
Not less than 1 milligram of vitamin Bl (thiamin); not less than 4 milligrams of nicotinic acid (niacin) or nicotinic acid amide (niacin amide); and not less than 4 milligrams of iron.
B. The department shall change or add to the specifications for ingredients and the amounts thereof so as to conform to the federal definition of enriched bread.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:788. Enrichment of bread; methods

RS 40:788 - Enrichment of bread; methods
The enrichment of bread may be accomplished through the use of enriched flour, enriched yeast, other enriched ingredients, synthetic vitamins, harmless iron salts, or by any combination of harmless methods which will produce enriched bread which meets the requirements of R.S. 40:787.
Iron shall be added only in forms that are assimilable and harmless and which do not impair the enriched bread.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:789. Labeling

RS 40:789 - Labeling
No one shall sell or offer for sale in this state any enriched flour or enriched bread which is not labeled in accordance with Part I of this Chapter and regulations thereunder and with the Federal Food, Drug, and Cosmetic Act, and the regulations thereunder governing the labeling of flour or bread introduced into interstate commerce.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:790. Inspection and analyses

RS 40:790 - Inspection and analyses
The secretary of the department may collect samples for analysis and conduct examinations and investigations for the purposes of this Subpart through any officers or employees under his supervision. All such officers and employees may enter any factory, mill, warehouse, shop, or establishment where flour or bread is manufactured, processed, packed, sold, or held, or any vehicle and inspect any flour, bread, and pertinent equipment, materials, containers, and labeling therein.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:791. Shortage of ingredients; procedure for suspending Subpart

RS 40:791 - Shortage of ingredients; procedure for suspending Subpart
A. Upon making a finding that there is an existing or imminent shortage of any ingredient required by R.S. 40:785 and R.S. 40:787, with the result that the sale and distribution of flour and bread may be substantially impeded by the enforcement of this Subpart, the department shall issue an order, effective immediately, permitting the omission of the particular ingredients from flour or bread. When it finds that the shortage no longer exists, it shall issue an order, effective not less than ten days after publication, revoking its first order.
B. The department may make a finding as to the existence or imminence of any such shortage or the cessation thereof in either of the following two ways:
(1) On the basis of an order of or factual information supplied by the Federal Food and Drug Administration or any other federal agency possessed of such information, without a public hearing; or
(2) In the absence of any such order or factual information, after a public hearing, called and held in the following manner. Upon receipt of the sworn statement of any person subject to this Subpart that such a shortage exists or is imminent or has ceased, the department shall, within ten days thereafter and after at least ten days notice, hold a public hearing on the matter. Any interested person may present evidence at this hearing in support of the affidavit and any such finding by the department may be based upon the evidence so presented.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:792. Penalty

RS 40:792 - Penalty
Whoever violates any of the provisions of this Subpart, or the orders, rules, or regulations promulgated by the department under authority hereof, shall be fined, for each offense, not more than one hundred dollars or imprisoned for not more than thirty days, or both.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:821. Manufacturers and dealers; fees; disposition of fees

RS 40:821 - Manufacturers and dealers; fees; disposition of fees
A. Whoever manufactures for sale within this state or sells or offers or exposes for sale or exchange any flour or compound intended for use as a flour, under any name whatsoever, shall first register with the Louisiana Department of Health hereinafter referred to as the "department," the brand, style, and trade name and address under which the product is distributed, sold, or exposed or offered for sale. The fee for registration of each separate and distinct brand or style shall be not more than five dollars annually.
B. All registration fees collected under the provisions of this Subpart shall be devoted to the expenses of registration, inspections, and examinations conducted under the authority of this Subpart and for the enforcement of the provisions of this Subpart.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:822. Rules and regulations; standards; inspectors

RS 40:822 - Rules and regulations; standards; inspectors
A. The department may adopt such rules, regulations, definitions, and standards as are necessary for the efficient enforcement of this Subpart.
B. It may also designate officers or inspectors to make inspections, examinations, and investigations for the enforcement of this Subpart.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:823. Seizure and condemnation of unregistered products

RS 40:823 - Seizure and condemnation of unregistered products
Any product which has not been registered with the department as required by this Subpart is liable to seizure and condemnation 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 › §40:851. Contents of self-rising flour

RS 40:851 - Contents of self-rising flour
Self-rising flour is a combination of flour, salt, and chemical leavening ingredients. The flour shall be of the grade of "straight" or better and the chemical leavening ingredients shall be bicarbonate of soda and either calcium acid, phosphate, sodium, aluminum sulphate, cream of tartar, tartaric acid, or a combination of these.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:852. Contents of label; required ingredients

RS 40:852 - Contents of label; required ingredients
Whoever manufactures for sale within this state, or whoever sells, or offers or exposes for sale or exchange any self-rising flour or compound intended for use as a self-rising flour, under any name whatsoever, shall securely affix or cause to be securely affixed to the outside of every box, sack, or package containing the flour or compound a label, distinctly printed in plain capital letters and in the English language, containing the name and domicile of the manufacturer or dealer and the percentage by weight of each of the chemical leavening ingredients of the flour or compound.
This self-rising flour or any compound so styled, when sold for use, shall produce not less than one-half of one per cent by weight of available carbon dioxide gas and there shall not be contained therein more than three and one-half per cent of chemical leavening ingredients. Otherwise, the flour or compound shall be considered adulterated.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:881. Labeling of milk products; prohibition; definition; enforcement

RS 40:881 - Labeling of milk products; prohibition; definition; enforcement
A. The Louisiana Department of Health shall enforce the United States Food and Drug Administration's standard of identity for milk, as set forth in 21 CFR 131.110, the Pasteurized Milk Ordinance, and the provisions of this Section to prohibit the sale of plant-based products mislabeled as milk.
B. For purposes of this Section, "milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows. Milk that is in its final packaged form for beverage use shall have been pasteurized, ultra-pasteurized, or aseptically processed and shall contain not less than eight and one-quarter percent milk solids not fat and not less than three and one-quarter percent milk fat. Milk may have been adjusted by separating part of the milk fat therefrom or by adding thereto cream, concentrated milk, concentrated low fat milks, dry milk, or dry low fat milks. Milk may be homogenized. Water shall not be added to milk or any ingredient used in milk. Milk may be flavored with safe and suitable flavoring ingredients approved by the state health officer. The word "milk" shall be interpreted to include goat, sheep, water buffalo, camel milk, and the milk of other hooved mammals.
C. Enforcement of this Section shall commence upon enforcement of the standard of identity for milk by the United States Food and Drug Administration.
D. The provisions of this Section shall not apply to breast milk.
Acts 2019, No. 184, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:921. Grade A requirements; powdered whole milk and powdered skim milk labeling requirements

RS 40:921 - Grade A requirements; powdered whole milk and powdered skim milk labeling requirements
A. All fluid milk, cream, buttermilk, and milk beverages sold, offered for sale, or delivered for the purpose of human consumption as such, shall be Grade A according to specifications in the rules and regulations promulgated by the Louisiana Department of Health, hereinafter referred to as the "department"; provided that a person may sell properly labeled milk of a quality less than Grade A for a period of thirty days under permit from the department, provided it is labeled as to grade.
B. All powdered whole milk (dry whole milk), powdered skim milk (nonfat dry milk) and other powdered milk products (dry milk products) in packages or other containers offered for sale, sold or delivered for the purpose of human consumption shall be labeled as to grade in a manner sufficient to inform the purchaser of the grade of the product, the grade to be determined according to the specifications in the rules and regulations promulgated by the department, provided that nothing in this Section shall apply to nonfat dry milk or dry whole milk received from the United States Department of Agriculture for the purpose of its food distribution programs for schools, institutions and needy persons.
Acts 1954, No. 93, §1. Amended by Acts 1956, No. 415, §1; Acts 1964, No. 80, §1, eff. Jan. 1, 1965; Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:922. Rules and regulations prescribing sanitary standard requirements and grade labeling requirements

RS 40:922 - Rules and regulations prescribing sanitary standard requirements and grade labeling requirements
A. The department is hereby empowered and shall hereby have the authority to promulgate rules and regulations prescribing the sanitary standard requirements of all milk sold or offered for sale in this state, provided that no rules and regulations shall be promulgated setting up standards lower than those as set forth in the U.S. Public Health Service Milk Ordinance and Code.
B. The department is hereby empowered and shall have the authority to promulgate rules and regulations prescribing the sanitary standard requirements and grade labeling requirements of all powdered whole milk (dry whole milk), powdered skim milk (nonfat dry milk), and powdered milk products (dry milk products), sold, offered for sale or delivered in this state.
Acts 1954, No. 93, §1. Amended by Acts 1964, No. 81, §1; Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:923. Imported milk and milk products

RS 40:923 - Imported milk and milk products
All milk and milk products shipped into this state from another state shall meet the sanitary standards and requirements according to the grade required of the product in which it is used as provided in the rules and regulations promulgated by the department.
Acts 1954, No. 93, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:924. Revocation or cancellation of permit or license

RS 40:924 - Revocation or cancellation of permit or license
The department shall have the power and authority to revoke or cancel the permit, or license, of any person, firm, or corporation doing business in the state who violates any of the provisions of this Subpart.
Acts 1954, No. 93, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:925. Municipalities and parishes; standards; powers

RS 40:925 - Municipalities and parishes; standards; powers
All municipalities, within their corporate limits, and parishes, outside such limits, shall have the power and authority by ordinance or otherwise to set up standards concerning all milk and milk products sold within their respective jurisdictions higher than the standards prescribed heretofore in this Subpart, and such municipalities and parishes shall have the power and authority to revoke or cancel the permit or license of any person, firm, or corporation doing business within their respective limits who violates any of the provisions of this Subpart, or ordinance, or rule or regulation, or order prescribed by said municipalities or parishes. No rules and regulations shall be promulgated by the department denying any municipality or parish the power and authority provided for in this Section.
Acts 1954, No. 93, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:931. §§931 to 938 Repealed by Acts 1974, No. 31, §1, eff. June 1, 1975

RS 40:931 - §§931 to 938 Repealed by Acts 1974, No. 31, §1, eff. June 1, 1975
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:940.1. §§940.1 to 940.23 Repealed by Acts 1974, No. 31, §1, eff. June 1, 1975

RS 40:940.1 - §§940.1 to 940.23 Repealed by Acts 1974, No. 31, §1, eff. June 1, 1975
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:940.51. Exemption of sales to schools; competitive bids for purchase of milk

RS 40:940.51 - Exemption of sales to schools; competitive bids for purchase of milk
A. The sale of milk or milk products, as described in this Part, to any school board or other governing authority of any elementary or secondary school in this state after July 31, 1974, shall be exempt from any minimum price or other price fixing requirement or regulation contained in this Part or in any other statute or regulation of any administrative agency.
B. Every school board in this state is hereby authorized and directed, after July 31, 1974, to advertise for competitive bids for the purchase of milk and milk products for use in its schools in accordance with the requirements and procedures of the public bid law, R.S. 38:2211 through 2221.
Added by Acts 1974, No. 349, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:940.52. Commercial fisherman's catch; transportation and sale

RS 40:940.52 - Commercial fisherman's catch; transportation and sale
Notwithstanding any other provision of the law to the contrary, a commercial fisherman shall be exempt from having to possess a "mobile food vendor's permit" while selling his catch directly from either his boat or his place of residence. No commercial fisherman shall be allowed to sell oysters under the provisions of this Section.
Acts 2003, No. 176, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1125.41. Annual review of Medicaid coverage for sickle cell disease

RS 40:1125.41 - Annual review of Medicaid coverage for sickle cell disease
A. The Louisiana Department of Health shall conduct an annual review of all medications and forms of treatment for sickle cell disease and services for enrollees with a diagnosis of sickle cell disease that are eligible for coverage under the Louisiana Medicaid program. The department shall determine if the available covered medications, treatments, and services are adequate to meet the needs of enrollees with a diagnosis of sickle cell disease and whether the department should seek to add additional medications, treatments, or services.
B. When conducting the annual review required by Subsection A of this Section, the Louisiana Department of Health shall solicit and consider input from the general public with specific emphasis on attempting to receive input from persons or groups with knowledge and experience in the area of sickle cell disease treatment.
C. On or before January 15, 2023, and on or before January fifteenth each year thereafter, the Louisiana Department of Health shall submit a report to the Senate Committee on Finance, the House Committee on Appropriations, and the Senate and House committees on health and welfare that details the department's findings from the annual review required by this Section, as well as any recommendations to the legislature based upon those findings. The department shall publish the annual report required by this Subsection on its website in a manner accessible by the general public.
Acts 2022, No. 670, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:941. Handling of meat not slaughtered under license prohibited; exceptions; penalty

RS 40:941 - Handling of meat not slaughtered under license prohibited; exceptions; penalty
A. No butcher or purveyor of food products intended for human consumption shall, directly or indirectly, purchase, trade, handle, or sell, in any manner, the carcass or any part thereof of any animal not slaughtered for human consumption by a licensed butcher or in a licensed slaughterhouse, packing house, or abattoir.
B. This Section does not apply to persons slaughtering for human consumption their own animals on their own farm, plantation, or agricultural premises; or to individuals slaughtering their own animals for the occasional sale of meat as an incident to some other business, where these individuals are not otherwise required by law to have a license for the slaughtering or butcher business.
C. This Section does not apply to the slaughtering of alligators or nutria, or the field dressing of wild game, which shall be governed by regulations promulgated by the Louisiana Department of Health, with the concurrence of both the Louisiana Department of Agriculture and the Louisiana Department of Wildlife and Fisheries.
D. Whoever violates this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than thirty days nor more than ninety days, or both.
Amended by Acts 1995, No. 352, §1, eff. June 16, 1995; Acts 1997, No. 158, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:951. Definitions

RS 40:951 - Definitions
For purposes of this Part, a caustic alkali is what is commonly known as concentrated lye. Also, for purposes of this Part, a poison is any substance which, when ingested, inhaled or absorbed, or when applied to or injected into the body in relatively small amounts may, by its chemical action, cause damage to structure or disturbance of function.
Amended by Acts 1968, No. 339, §2, eff. Feb. 1, 1969.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:952. Caustic alkali and other poisons; label on container; penalty

RS 40:952 - Caustic alkali and other poisons; label on container; penalty
A. Every container containing a caustic alkali or any other substance poisonous to the human system or to animals shall bear a label on which is printed or stamped in red ink the word "poison" and also shall have printed thereon the skull and crossbones.
B. The label on any container containing a caustic alkali shall have printed on it, in red ink, the antidote for the caustic alkali, in order that first aid may be given in case of poisoning thereby.
C. Whoever violates this Section shall be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, or both.
D. Nothing in this Section shall apply to the containers of a caustic alkali and other poisons being used or to be used for industrial purposes only or used in the transportation of a caustic alkali and other poisons for industrial purposes only.
E. The labeling on any container containing amyl nitrite, isopentyl nitrite or any of their isomers, or butyl nitrite, n-butyl nitrite, isobutyl nitrite or any of their isomers shall have printed on it, in red ink, the word, "poison" and also shall have printed, thereon, the skull and crossbones unless labeled for prescription drug use, except where such container containing amyl nitrite is labeled in accordance with labeling requirements of the Federal Food, Drug and Cosmetic Law.
Amended by Acts 1968, No. 339, §2, eff. Feb. 1, 1969; Acts 1978, No. 140, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:953. Seizure

RS 40:953 - Seizure
Any article or product found in violation of the labeling requirements in R.S. 40:952 shall be subject to seizure and condemnation by the state health officer or by any duly authorized representative he designates for that purpose.
Added by Acts 1978, No. 140, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:961.1. Industrial hemp exemption

RS 40:961.1 - Industrial hemp exemption
Notwithstanding the definitions provided for in R.S. 40:961(6) and (27), the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or consumable hemp products as provided for in Parts V and VI of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950.
Acts 2019, No. 164, §2, eff. June 6, 2019; Acts 2022, No. 498, §2, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:962.2. Abortion-inducing drugs; restrictions of sales; exceptions; penalties

RS 40:962.2 - Abortion-inducing drugs; restrictions of sales; exceptions; penalties
A. Except as provided in R.S. 40:1061.11, no abortion-inducing drug may be sold, prescribed, dispensed, distributed, or delivered in this state in violation of this Section.
B. Notwithstanding any other provision of law to the contrary, delivery to a person in Louisiana by mail-order, courier, or as a result of a sale made via the internet in violation of this Section is strictly prohibited.
C.(1) The Louisiana Department of Health may promulgate rules pursuant to the Administrative Procedure Act to provide for exemptions from this Section for products using an abortion-inducing drug which are distributed for other purposes that do not include causing an abortion.
(2) A physician or other healthcare provider who is licensed to prescribe medications or drugs that are subject to the provisions of Paragraph (1) of this Subsection shall write a diagnosis or a diagnosis code on the prescription that clearly indicates that the prescription is not intended to cause an abortion in violation of this Section.
D.(1) Whoever violates any provision of this Section shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
(2) Each instance of a sale or distribution of an abortion-inducing drug shall be considered a separate offense for purposes of the penalties provided in Paragraph (1) of this Subsection.
E. Possessing for her own consumption or consuming an abortion-inducing drug by a pregnant woman in violation of this Section shall not subject the pregnant woman to the criminal consequences.
F. Any act by a licensed pharmacist or pharmacy related to filling a prescription for a drug, medicine, or other substance prescribed for a bona fide medical reason shall not subject the pharmacist or the pharmacy to the criminal consequences of this Section. A diagnosis or a diagnosis code shall be written on the prescription by the prescriber indicating that the drug, medicine, or other substance is intended for a purpose other than to cause an abortion in violation of this Section.
Acts 2022, No. 548, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:963. Schedules of controlled dangerous substances

RS 40:963 - Schedules of controlled dangerous substances
There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in R.S. 40:964. In determining that a substance is to be added to these schedules, the secretary shall find the following:
A. As to Schedule I:
(1) The drug or other substance has a high potential for abuse.
(2) The drug or other substance has no currently accepted medical use in treatment in the United States, and
(3) There is a lack of accepted safety for use of the drug or other substance under medical supervision.
B. As to Schedule II:
(1) The drug or other substance has a high potential for abuse.
(2) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions, and
(3) Abuse of the drug or other substances may lead to severe psychological or physical dependence.
C. As to Schedule III:
(1) The drug or other substance has a potential for abuse less than the drugs or other substances listed in Schedules I and II.
(2) The drug or other substance has a currently accepted medical use in treatment in the United States, and
(3) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence.
D. As to Schedule IV:
(1) The drug or other substance has a low potential for abuse relative to the drugs or other substances listed in Schedule III.
(2) The drug or other substance has a currently accepted medical use in treatment in the United States, and
(3) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances listed in Schedule III.
E. As to Schedule V:
(1) The drug or other substance has a low potential for abuse relative to the drugs or other substances listed in Schedule IV.
(2) The drug or other substance has a currently accepted medical use in treatment in the United States, and
(3) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances listed in Schedule IV.
Added by Acts 1972, No. 634, §1. Amended by Acts 1977, No. 649, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:964.1. A controlled substance analogue shall be treated, for the purposes of any state law and to the extent intended for human consumption, as a controlled dangerous substance in either Schedule I or Schedule II of R.S. 40:964.

§964.l. Treatment of controlled analogues
A controlled substance analogue shall be treated, for the purposes of any state law and to the extent intended for human consumption, as a controlled dangerous substance in either Schedule I or Schedule II of R.S. 40:964.
Acts 1994, 3rd Ex. Sess., No. 34, §2; Acts 2001, No. 1036, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:965. Secretary of health; authority to except

RS 40:965 - Secretary of health; authority to except
A. The secretary may by regulation except any material, compound, mixture, or preparation containing any depressant or stimulant substance listed in Subsection A, B, C, or D of Schedule III or in Schedule IV or V from the application of all or any part of this Part if the material, compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, provided that such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system.
B. The secretary may, by regulation, exempt any compound, mixture, or preparation containing any anabolic steroids substances listed in Schedule III(E) of R.S. 40:964 from the application of all or any part of this Part if, because of its concentration, preparation, mixture, or delivery system, it has no significant potential for abuse.
Acts 1991, No. 513, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:967.1. Prohibited acts-Schedule II; distribution of fentanyl with certain characteristics

RS 40:967.1 - Prohibited acts-Schedule II; distribution of fentanyl with certain characteristics
A. Any person who violates the provisions of R.S. 40:967(A) in a manner where there is reasonable appeal to a minor due to the shape, color, taste, or design of the fentanyl or the fentanyl's packaging shall be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years without benefit of probation, parole, or suspension of sentence.
B. For the purposes of this Section, the following definitions shall apply:
(1) "Fentanyl" shall mean a substance or mixture containing a detectable amount of fentanyl or its analogues, or carfentanil or a mixture or substance containing a detectable amount of carfentanil or its analogues.
(2) "Reasonable appeal" shall mean a design of the fentanyl or the fentanyl's packaging, including but not to limited to a resemblance of any of the following:
(a) A noncontrolled substance that is primarily consumed by and marketed to minors.
(b) The shape of an animal, vehicle, person, or character.
(c) Food or beverage that is attractive to minors and that is commonly sold in retail establishments, regardless of whether the food or beverage is generic, trademarked, or a branded product.
(d) Candy.
Acts 2024, 2nd Ex. Sess. No. 19, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:968. Prohibited acts--Schedule III; penalties

RS 40:968 - Prohibited acts--Schedule III; penalties
A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally:
(1) To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, distribute, or dispense, a controlled dangerous substance classified in Schedule III;
(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified in Schedule III.
B. Violations of Subsection A. Any person who violates Subsection A of this Section with respect to any controlled dangerous substance classified in Schedule III shall be sentenced to a term of imprisonment, with or without hard labor, for not less than one year nor more than ten years and, in addition, may be sentenced to pay a fine of not more than fifteen thousand dollars.
C. Possession. It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule III unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner, or as provided in R.S. 40:978 or 1060.21, while acting in the course of his professional practice or except as otherwise authorized by this Part. Any person who violates this Subsection shall be imprisoned, with or without hard labor, for not less than one year nor more than five years and, in addition, may be required to pay a fine of not more than five thousand dollars.
Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §5; Acts 1991, No. 513, §2; Acts 2017, No. 281, §2; Acts 2018, No. 206, §4.