reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2601. Definitions

RS 40:2601 - Definitions
As used in this Chapter, the following words and phrases shall have the following meanings:
(1) "Interest holder" means a secured party within the meaning of R.S. 10:9-102(a)(72) or the beneficiary of a perfected encumbrance pertaining to an interest in property.
(2) "Owner" means a person, other than an interest holder, who has an interest in property and, if required by law, is in compliance with any statute requiring recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value.
(3) "Proceeds" means property derived directly or indirectly from, maintained by, or realized through, an act or omission and includes any benefit, interest or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.
(4) "Property" means anything of value, including movables and immovables, including the whole of any lot or tract of land and corporeal and incorporeal movable property, including currency, instruments, or securities, or any other kind of privilege, claim, or right and includes any interest therein.
(5) "Seizure for forfeiture" means seizure of property by a law enforcement officer designated by the district attorney accompanied by a written assertion by the seizing agency or by a district attorney that the property is seized for forfeiture.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1997, No. 1334, §1; Acts 2001, No. 128, §15, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2602. Jurisdiction and venue

RS 40:2602 - Jurisdiction and venue
A. Except as provided in Subsection C, the appropriate district court has jurisdiction under the provisions of this Chapter if the property for which forfeiture is sought is within this state at the time the action is filed or the courts of this state have personal jurisdiction of an owner of or interest holder in the property.
B. Except as provided in Subsection C, in addition to any venue otherwise provided under the provisions of this Chapter or any other provision of law, a proceeding for forfeiture under the provisions of this Chapter may be brought in the judicial district in which any part of the property is found or in the judicial district in which an owner or interest holder could be petitioned against civilly or criminally for the conduct alleged to give rise to the forfeiture.
C. Notwithstanding any other provision of this Chapter to the contrary, the criminal district court for the parish of Orleans shall have exclusive jurisdiction of all actions filed in the parish of Orleans seeking seizure or forfeiture of property or alleging conduct giving rise to forfeiture pursuant to the provisions of this Chapter.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1990, No. 164, §1, eff. July 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2603. Conduct giving rise to forfeiture

RS 40:2603 - Conduct giving rise to forfeiture
Any of the following conduct gives rise to forfeiture:
(1) An act or omission punishable by confinement for more than one year under R.S. 40:961 et seq. whether or not there is a prosecution or conviction related to the act or omission.
(2) An act or omission occurring outside this state, which would be subject to prosecution in the place of occurrence and would be described in Paragraph (1) of this Section if the act or omission occurred in this state, whether or not it is prosecuted in any state.
(3) Any act or omission committed in furtherance of any violation of R.S. 40:961 et seq. which is punishable by confinement with or without hard labor, including any inchoate or preparatory offense, regardless of whether there is a prosecution or conviction related to the act or omission.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2604. Property subject to forfeiture

RS 40:2604 - Property subject to forfeiture
The following property is subject to seizure and forfeiture as contraband, derivative contraband, or property related to contraband under the provision of Section 4 of Article I of the Constitution of Louisiana:
(1) All controlled substances, raw materials, or controlled substance analogues that have been manufactured, distributed, dispensed, possessed, or acquired in violation of R.S. 40:961 et seq.
(2) All property that is either:
(a) Furnished or intended to be furnished by any person in exchange for a controlled substance in violation of R.S. 40:961 et seq.
(b) Used or intended to be used in any manner to facilitate conduct giving rise to forfeiture, provided that a conveyance subject to forfeiture solely in connection with conduct in violation of R.S. 40:961 et seq. may be forfeited only pursuant to the provisions of this Chapter.
(3) Proceeds of any conduct giving rise to forfeiture.
(4) All weapons possessed, used, or available for use in any manner to facilitate conduct giving rise to forfeiture.
(5) Any interest or security in, claim against, or property or contractual right of any kind affording a source of control over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of through conduct giving rise to forfeiture.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2605. Exemptions

RS 40:2605 - Exemptions
A property interest is exempt from forfeiture under this Chapter if its owner or holder establishes all of the following:
(1) That he is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur.
(2) That he had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in bona fide commercial transaction.
(3) That with respect to conveyances for transportation only, he did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture.
(4) That he does not hold the property for the benefit of or as an agent for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired his interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value not knowingly taking part in an illegal transaction.
(5) That no person whose conduct gave rise to its forfeiture had the authority to convey the interest to a bona fide purchaser for value at the time of the conduct.
(6) That the owner or interest holder acquired the interest after the completion of the conduct giving rise to its forfeiture and that the owner or interest holder acquired the interest under all of the following conditions:
(a) As a bona fide purchaser for value who was not knowingly taking part in an illegal transaction.
(b) Before the filing of a forfeiture lien on it and before the effective date of a Notice of Pending Forfeiture relating to it, and without notice of its seizure for forfeiture under this Chapter.
(c) At the time the interest was acquired, there was no reasonable cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this Chapter.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2606. Seizure of property

RS 40:2606 - Seizure of property
A. Property that is not evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the property is subject to forfeiture under this Chapter. Within seventy-two hours, exclusive of holidays or weekends, after actual or constructive seizure, the seizing agency shall apply to the court for a warrant of seizure to hold the property pending forfeiture, unless such warrant has been previously obtained. Such application shall be on an affidavit under oath demonstrating that probable cause exists for seizure of the property, regardless of whether the proceedings to forfeit property are brought pursuant to federal or state action and regardless of whether the property has been the subject of a previous final judgment of forfeiture in the courts of any state or of the United States. The sufficiency of the warrant of seizure and affidavit under oath shall be determined in accordance with the law on search warrants. The court may order that the property be held pending forfeiture, on such terms and conditions as are reasonable in the discretion of the court. Upon a finding of no probable cause, the property shall be released to the established owner.
B. A seizure for forfeiture without process is reasonable if made under circumstances in which a warrantless seizure or arrest would be reasonable in accordance with law.
C. Property that is alleged to be evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the property is subject to forfeiture under this Chapter. Within seventy-two hours, exclusive of holidays or weekends, after service of notice of pending forfeiture, the seizing agency shall apply to the court for a warrant of seizure to hold the property pending forfeiture, unless such warrant has been previously obtained. Such application shall be on an affidavit under oath demonstrating that probable cause exists for seizure of the property, regardless of whether the proceedings to forfeit property are brought pursuant to federal or state action and regardless of whether the property has been the subject of a previous final judgment of forfeiture in the courts of any state or of the United States. The sufficiency of seizure and affidavit under oath shall be determined in accordance with the law on search warrants. The court may order that the property be held pending forfeiture, on such terms and conditions as are reasonable in the discretion of the court.
D. Any seizing agency designated by the district attorney to make seizures for forfeiture shall notify the district attorney within ten days after such seizure.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1997, No. 1334, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2607. Property management and preservation

RS 40:2607 - Property management and preservation
A. Property taken or detained under this Chapter is not subject to alienation, sequestration, or attachment. The seizing agency or the district attorney may authorize the release of the seizure for forfeiture on the property if forfeiture or retention is unnecessary, and the district attorney may transfer the action to another district attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other agency or district attorney. The property is deemed to be in the custody of the district attorney subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. The property is subject to the interests of secured parties or lienholders whose interests are exempt from forfeiture.
B. If property is seized under this Chapter, the district attorney or his designee may do any of the following:
(1) Remove the property to an appropriate place designated by the district attorney or his designee.
(2) Place the property under constructive seizure by posting Notice of Pending Forfeiture on it, by giving Notice of Pending Forfeiture to its owners and interest holders, or by filing Notice of Pending Forfeiture in any appropriate public record relating to the property.
(3) Remove the property to a storage area for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account.
(4) Provide for another agency or custodian, including an owner, secured party, or lienholder, to take custody of the property and remove it to an appropriate location within the jurisdiction of the court.
(5) Require the Department of Public Safety and Corrections or other law enforcement agency to take custody of the property and remove it to an appropriate location for disposition in accordance with law.
(6) Release the property to the claimant without a court order if the district attorney determines forfeiture or retention is unnecessary.
C. As soon as practicable after seizure for forfeiture, the seizing agency shall conduct a written inventory and estimate of the value of the property seized.
D. If the hearing has not been held within sixty days of the filing of a lawsuit seeking forfeiture or one hundred eighty days of the seizure of any vessel, vehicle, aircraft, merchandise, or other property seized under the laws of this state and liable to perish or to waste or to be greatly reduced in value by keeping, or that the expense of keeping the same is disproportionate to the value thereof, the district attorney may petition the court, with notice to interest holders and claimants, to initiate a sale pending forfeiture to ensure that the value of the property is preserved throughout the court proceedings.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1992, No. 721, §1; Acts 2007, No. 71, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2609. Stipulation of exemptions

RS 40:2609 - Stipulation of exemptions
A. The district attorney may make a stipulation of exemption available in the following manner:
(1) If the district attorney makes a stipulation of exemption available, the district attorney shall so indicate in the Notice of Pending Forfeiture as provided in Section 2608 of this Chapter.
(2) An owner of or an interest holder in the property may elect to file a claim within thirty days after the Notice of Pending Forfeiture or a request for a stipulation of exemption with the district attorney within thirty days after the notice, but no request may be filed after a court action has been commenced by the state. The claim or request shall comply with the requirements for claims in Section 2610 of this Chapter.
B. The following shall apply if an owner or interest holder timely requests a stipulation of exemption:
(1) The district attorney shall provide the seizing agency and the requesting party with a written proposed stipulation of exemption and statement of nonexempt interests relating to any or all interest in the property in response to each requesting party within one hundred and twenty days after the effective date of the Notice of Pending Forfeiture.
(2) An owner of or interest holder in any property declared nonexempt may file a claim as described in Section 2610 of this Chapter within thirty days after notice pursuant to Paragraph (3) of Section 2608 of this Chapter of the statement of nonexempt interests.
(3) The district attorney may elect to proceed as provided herein for judicial forfeiture at any time.
(4) If no requesting party files a claim within thirty days after notice pursuant to Paragraph (3) of Section 2608 of this Chapter, of the statement of nonexempt interest, the stipulation of exemption and statement becomes final, and the district attorney shall proceed as provided in Sections 2615 and 2616 of this Chapter.
(5) If a judicial forfeiture proceeding follows a Notice of Pending Forfeiture which provides for the availability of stipulation of exemption:
(a) No duplicate or repetitive notice or claim is required. If a claim has been timely filed pursuant to Paragraph (2) of this Subsection, the claim shall be determined in a judicial forfeiture proceeding after the commencement of such a proceeding under the provisions of Sections 2612 and 2613 of this Chapter.
(b) The proposed stipulation of exemption and statement of nonexempt interest responsive to all requesting parties who subsequently filed claims are void and will be regarded as rejected offers to compromise.
C. If no request for stipulation or claim is timely filed, the district attorney shall proceed as provided in Sections 2615 and 2616 of this Chapter.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2610. Claims

RS 40:2610 - Claims
A. Only an owner of or interest holder in property seized for forfeiture may file a claim and shall do so in the manner provided in this Section. The claim shall be mailed to the seizing agency and to the district attorney by certified mail, return receipt requested, within thirty days after Notice of Pending Forfeiture. The court may grant an extension of time for the filing of a claim pursuant to this Section for good cause shown. Incarceration of an owner or interest holder during the original thirty-day period shall create a rebuttable presumption of good cause as to the owner or interest holder. A motion requesting an extension shall be filed within sixty days after receipt of the Notice of Pending Forfeiture.
B. The claim shall be in affidavit form, signed by the claimant under oath, and sworn to by the affiant before one who has authority to administer the oath, under penalty of perjury or false swearing and shall set forth all of the following:
(1) The caption of the proceedings as set forth on the Notice of Pending Forfeiture or petition and the name of the claimant.
(2) The address where the claimant will accept mail.
(3) The nature and extent of the claimant's interest in the property.
(4) The date, identity of the transferor, and the circumstances of the claimant's acquisition of the interest in the property.
(5) The specific provision of this Chapter relied on in asserting that the property is not subject to forfeiture.
(6) All essential facts supporting each assertion.
(7) The specific relief sought.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 2022, No. 698, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2614. Substituted assets

RS 40:2614 - Substituted assets
A. The court shall order the forfeiture of any other property of a claimant or owner up to the value of property found by the court to be subject to forfeiture under the provisions of Section 2604 of this Chapter if any of the property:
(1) Cannot be located.
(2) Has been transferred or conveyed to, sold to, or deposited with a third party.
(3) Is beyond the jurisdiction of the court.
(4) Has been substantially diminished in value while not in the actual physical custody of the seizing agency, district attorney, or his designee.
(5) Has been commingled with other property making it incapable of partition in-kind without great detriment to the other property.
(6) Is subject to any interest exempted from forfeiture under the provisions of this Chapter.
B. In addition to any other remedy provided for by law, if a forfeiture lien or Notice of Pending Forfeiture has been filed and notice given pursuant to Section 2608 of this Chapter, or if a petition alleging conduct giving rise to forfeiture has been filed and notice given pursuant to such Section, the district attorney may institute an action in district court against any person with notice or actual knowledge who destroys, conveys, alienates, encumbers, further encumbers, disposes of, purchases, receives, removes from the jurisdiction of the court, conceals, or otherwise renders unavailable for forfeiture property alleged to be subject to forfeiture in the forfeiture lien, Notice of Pending Forfeiture, or petition. In such case, the court shall enter final judgment in an amount equal to the value of the lien not to exceed the fair market value of the property, or, if the property is subject to forfeiture, in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney's fees. If a civil proceeding is pending in court, the action shall be heard by that court.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2615. Judicial disposition of property

RS 40:2615 - Judicial disposition of property
A. If no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeiture and allocation of forfeited property pursuant to Section 2616 of this Chapter. Upon a determination by the court that the district attorney's written application establishes the court's jurisdiction, the giving of proper notice, and facts sufficient to show probable cause for forfeiture, the court shall order the property forfeited to the state.
B. After final disposition of all claims timely filed in an action in rem, or after final judgment and disposition of all claims timely filed in an action in personam, the court shall enter an order that the state has clear title to the forfeited property interest. Title to the forfeited property interest and its proceeds shall be deemed to have vested in the state on the commission of the conduct giving rise to the forfeiture under this Chapter.
C. On order of the court forfeiting the subject property, the state may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts, by this state, and by all agencies of this state and any political subdivision. Likewise on entry of judgment in favor of a person claiming an interest in the property that is subject to proceedings to forfeit property under this Chapter, the court shall enter an order that the property or interest in property shall be released or delivered promptly to that person free of liens and encumbrances under this Chapter and that the person's cost bond shall be discharged.
D. Upon motion by the district attorney, if it appears after a hearing that there was reasonable cause for the seizure for forfeiture or for the filing of the Notice of Pending Forfeiture or petition, the court shall cause a finding to be entered that reasonable cause existed, and the claimant is not entitled to costs or damages, and the person or seizing agency who made the seizure, and the district attorney, are not liable to suit or judgment on account of the seizure, suit or prosecution.
E. The court shall order a claimant who fails to establish that a substantial portion of the claimant's interest is exempt from forfeiture under Section 2604 of this Chapter to pay the reasonable costs and expenses of the state for the investigation and prosecution of the matter, including reasonable attorney's fees, in connection with that claimant.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2617. Powers of enforcement personnel

RS 40:2617 - Powers of enforcement personnel
A. In investigating conduct in violation of any of the provisions of this Chapter or R.S. 40:961 through 1034, a district attorney or his designee may conduct an investigation of the conduct. The district attorney or his designee is authorized to, before the commencement of any civil proceeding or action under this Chapter, subpoena witnesses, compel their attendance, examine them under oath, and require the production of documentary evidence for inspection, reproducing, or copying with the same powers and limitations and judicial oversight and enforcement and in the manner provided by this Chapter and by C.C.P. Arts. 1351 et seq. and 1421 et seq. Any person compelled to appear under a demand for oral testimony under this Section may be accompanied, represented, and advised by counsel.
B. The examination of all witnesses under this Section shall be conducted by the district attorney or his designee before an officer authorized to administer oaths. The testimony shall be taken stenographically or by a sound recording device and shall be transcribed. The district attorney shall exclude from the place where the examination is held all persons except the person being examined, his counsel, the officer before whom the testimony is to be taken, law enforcement officials, and any stenographer taking such testimony. The examination shall be conducted in a manner consistent with the C.C.P. Art. 1421 et seq. Testimony obtained pursuant to this Section and in accordance with the provisions of C.C.P. Art. 1421 et seq., pertaining to discovery shall not be used against a claimant in a substantive criminal proceeding, except for perjury or false swearing.
C. Except as otherwise provided in this Chapter, no documentary material, or transcripts, or oral testimony, or copies of it, in the possession of the district attorney shall be available, prior to the filing of a civil or criminal proceeding or action relating to it, for examination by any individual other than a law enforcement official or agent of such official without the consent of the person who produced the material or transcripts.
D. No person shall, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part by any person with any duly served subpoena of the district attorney under this Section, knowingly remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any documentary material that is the subject of a subpoena. A violation of this Subsection is punishable by a five hundred dollar fine or six months imprisonment, or both.
E. Acts or omissions by the district attorney in the course of their duties in the enforcement of any of the provisions of this Chapter, including provision of any legal services prior to charging, petition or seizure, are prosecutorial and shall not subject the attorneys or their principals to civil liability.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2618. Prescription

RS 40:2618 - Prescription
A civil action under this Chapter shall be commenced within seven years after the last conduct giving rise to forfeiture or to the cause of action became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement, or during which criminal proceedings relating to the same conduct are pending.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2619. Summary forfeiture of controlled substances

RS 40:2619 - Summary forfeiture of controlled substances
Controlled substances included in Schedule I which are contraband and any controlled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment under this Chapter an order forfeiting any controlled substance involved in the offense to the extent of the defendant's interest.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2620. Bar to collateral action

RS 40:2620 - Bar to collateral action
No person claiming an interest in property subject to forfeiture may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Chapter.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2621. Statutory construction

RS 40:2621 - Statutory construction
The provisions of this Chapter shall be liberally construed to effectuate its remedial purposes. Civil remedies under this Chapter shall be supplemental and not mutually exclusive. They do not preclude and are not precluded by any other provision of law.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2622. Short title

RS 40:2622 - Short title
The provisions of this Chapter shall be known and may be referred to as the "Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989".
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2702. Legislative findings

RS 40:2702 - Legislative findings
The legislature finds and declares:
(1) Many physicians and scientists warn that the risks associated with suntanning are greater when tanning with artificial ultraviolet light.
(2) These risks include but are not limited to sunburn, premature aging, skin cancer, retinal damage, formation of cataracts, suppression of the immune system, and damage to the vascular system.
(3) Certain medications, cosmetics, and foods are "photosensitizing", which means that in some people they react unfavorably to ultraviolet light, producing skin rashes or burns.
(4) Sunlamps and other artificial sources of ultraviolet light are known to intensify these effects.
(5) The enactment of state laws to regulate tanning facilities will protect and promote the public health, safety, and welfare of citizens who tan using artificial ultraviolet light.
Acts 1990, No. 587, §1, eff. July 19, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2703. Definitions

RS 40:2703 - Definitions
As used in this Chapter, these terms shall have the following meanings:
(1) "Authorized agent" means an employee of the department designated by the state health officer to enforce the provisions of this Chapter.
(2) "Consumer" means any individual who is provided access to a tanning facility which is required to be registered pursuant to provisions of this Chapter.
(3) "Department" means the Louisiana Department of Health.
(4) "Individual" means any human being.
(5) "Operator" means any individual designated by the registrant to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment.
(6) "Persons" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities.
(7) "Phototherapy device" means a piece of equipment that emits ultraviolet radiation and is used by a licensed health care professional in the treatment of disease.
(8) "Registrant" means any person who is registered with the department as required by provisions of this Chapter.
(9) "Registration" means registration with the department in accordance with the provisions of this Chapter.
(10) "State health officer" means the employee of the department who is the chief health care official of the state as provided for in R.S. 40:2.
(11) "Tanning equipment" means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation.
(12) "Tanning facility" means any location, place, area, structure, or business which provides consumers access to tanning equipment. For the purpose of this definition, tanning equipment registered to different persons at the same location and tanning equipment registered to the same person, but at separate locations, shall constitute separate tanning facilities.
(13) "Ultraviolet radiation" means electromagnetic radiation with wavelengths in air between two hundred nanometers and four hundred nanometers.
Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2704. Exemptions

RS 40:2704 - Exemptions
A. Any person is exempt from the provisions of this Chapter to the extent that such person:
(1) Uses equipment which emits ultraviolet radiation incidental to its normal operation.
(2) Does not use the equipment described in Paragraph (1) of this Subsection to deliberately expose parts of the living human body to ultraviolet radiation for the purpose of tanning or other treatment.
B. Any physician licensed by the Louisiana State Board of Medical Examiners is exempt from the provisions of this Chapter and is authorized to use a phototherapy device or other medical diagnostic and therapeutic equipment which emits ultraviolet radiation.
C. Any individual is exempt from the provisions of this Chapter to the extent that such individual owns tanning equipment exclusively for noncommercial use.
D. Tanning equipment while in transit or storage incidental thereto is exempt from the provisions of this Chapter.
Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2705. Registration

RS 40:2705 - Registration
A. Each person operating a tanning facility on January 1, 1991, shall register the facility under this Chapter no later than March 1, 1991.
B. Each person acquiring or establishing a tanning facility after January 1, 1991, shall register the facility under this Chapter prior to beginning operation of such a facility.
C. The application required in Subsections A and B of this Section shall be submitted on forms provided by the department and shall contain all the information required by such forms and any accompanying instructions.
D. The department shall require at least the following information on the forms provided for applying for registration of tanning facilities:
(1) Name, physical address, mailing address, and telephone number of the facility where the tanning equipment is being utilized.
(2) Name, mailing address, and telephone number of each owner of the tanning facility.
(3) Name of each tanning facility operator with a certification of each operator's training as provided in R.S. 40:2714(H).
(4) Each manufacturer, model number, serial number, and type of ultraviolet lamps or tanning equipment located at the tanning facility.
(5) Name of each tanning equipment supplier, installer, and service agent.
(6) The geographic areas of the state to be covered, if the application is for a mobile tanning facility.
(7) Copies of any posted warnings or notices which are not required by this Chapter but which address the safe or proper use of tanning equipment and protective devices.
(8) Copies of the consent forms and statements which the consumer will be required to sign pursuant to R.S. 40:2714(A).
(9) Procedures which each operator will be required to follow for the safe use of tanning equipment to include:
(a) Instructions to the consumer.
(b) Use of protective eyewear.
(c) Suitability of prospective consumers for tanning equipment use.
(d) Determination of duration of tanning exposures.
(e) Periodic testing of tanning equipment and timers.
(f) Handling of complaints of injury from consumers.
(g) Records to be maintained on each consumer.
(h) Sanitizing tanning equipment.
(10) Certification that the applicant has read and understands the requirements of this Chapter, such certification to be signed and dated by the manager of the facility and the owner of the tanning facility.
Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2706. Certificate of registration

RS 40:2706 - Certificate of registration
A. Upon determination that an application meets the requirements of this Chapter, the department shall issue a certificate of registration.
B. Each certificate of registration shall expire at midnight on the expiration date stated thereon.
C. The registrant shall file applications for renewal in accordance with regulations promulgated by the department.
D. Provided that a registrant files an application with the department for renewal in proper form not less than thirty days prior to the expiration date stated on the certificate of registration, such certificate of registration shall not expire pending final action on the application by the department.
E. The registrant shall notify the department in writing before making any change which would render the information contained in the application for registration or the certificate of registration no longer accurate.
F. No certificate of registration may be transferred from one person to another person or from one tanning facility to another tanning facility.
Acts 1990, No. 587, §1, eff. July 19, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2707. Prohibited acts; advertisement; minors

RS 40:2707 - Prohibited acts; advertisement; minors
A. A tanning facility shall not claim or distribute promotional materials that claim use of a tanning device is safe or free from risk. No person shall state or imply that any activity under such registration has been approved by the department.
B. A tanning facility shall not allow any person under eighteen years of age to use any tanning equipment.
Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 2014, No. 193, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2708. Denial, suspension, or revocation of a certificate

RS 40:2708 - Denial, suspension, or revocation of a certificate
A. The department may deny, suspend, or revoke a certificate of registration applied for or issued pursuant to this Chapter:
(1) For any material false statement in the application for registration or in any statement of fact required by provisions of this Chapter.
(2) Because of conditions revealed by the application or any report, record, inspection, or other means which would warrant the department to refuse to grant a certificate of registration on an original application.
(3) For operation of the tanning facility in a manner that causes or threatens to cause hazard to the public health or safety.
(4) For failure to allow authorized representatives of the department to enter the tanning facility during normal business hours for the purpose of determining compliance with the provisions of this Chapter, conditions of the certificate of registration, or an order of the department.
(5) For violation of or failure to observe any of the terms and conditions of the certificate of registration, the provisions of this Chapter, or an order of the department.
B. Except in cases of willful disregard for the public health and safety, prior to the institution of proceedings for suspension or revocation of a certificate of registration, the agency shall:
(1) Call to the attention of the registrant, in writing, the facts or conduct which may warrant such actions.
(2) Provide reasonable opportunity for the registrant to demonstrate or achieve compliance with all lawful requirements.
C. The department may deny a certificate of registration or suspend or revoke a certificate of registration after issuance only in accordance with the Administrative Procedure Act.
D. The department may terminate a certificate of registration upon receipt of a written request for termination from the registrant.
Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2709. Compliance with federal and state law

RS 40:2709 - Compliance with federal and state law
A tanning device used by a tanning facility shall comply with all applicable federal laws and regulations. Except as otherwise ordered or approved by the department, each tanning facility shall be constructed, operated, and maintained in accordance with the requirements of R.S. 40:2710 through 2714.
Acts 1990, No. 587, §1, eff. July 19, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2710. Warning signs

RS 40:2710 - Warning signs
A. The registrant shall post the warning sign described in Subsection B of this Section within three feet of each tanning station and in such manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object, and can be easily viewed by the consumer before energizing the tanning equipment.
B. The sign required by this Section shall be printed in upper and lower case letters which are at least one-half inch and one-quarter inch in height, respectively, and shall contain the following warnings:
"DANGER - ULTRAVIOLET RADIATION
- Follow instructions.
- Avoid overexposure. As with natural sunlight, repeated exposure to ultraviolet radiation can cause chronic sun damage characterized by premature aging of the skin, wrinkling, dryness, fragility and bruising of the skin, and skin cancer.
- Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN
SEVERE BURNS OR PERMANENT INJURY TO THE EYES.
- Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe that you are especially sensitive to sunlight. Pregnant women or women taking oral contraceptives who use this product may develop discolored skin.
IF YOU DO NOT TAN IN THE SUN YOU ARE UNLIKELY
TO TAN FROM THE USE OF ULTRAVIOLET
RADIATION OF TANNING EQUIPMENT."
Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2711. Equipment standards

RS 40:2711 - Equipment standards
A. The registrant shall use only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20. The exact nature of compliance shall be based on the standards in effect at the time of manufacture as shown on the device identification label required by 21 CFR 1010.3.
B. Each assembly of tanning equipment shall be designated for use by only one consumer at a time and shall be equipped with a timer which complies with the requirements of 21 CFR 1040.20(c)(2). The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time. No timer interval shall have an error exceeding plus or minus ten percent of any selected time. The facility shall control the interior temperature of a tanning device so that it may not exceed one hundred degrees Fahrenheit.
C. Tanning equipment shall meet the National Fire Protection Association National Electrical Code and shall be provided with ground fault protection on the electrical circuit, or similar internal circuit breakers within said equipment.
D. Tanning equipment shall include physical barriers to protect consumers from injury induced by touching or breaking the lamps.
Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2712. Stand-up tanning booths Tanning booths designed for stand-up use shall also comply with the following additional requirements:

RS 40:2712 - Stand-up tanning booths Tanning booths designed for stand-up use shall also comply with the following additional requirements:
(1) Booths shall have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin.
(2) Booths shall be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling person.
(3) Access to booths shall be of rigid construction with doors which are nonlatching and that open outwardly.
(4) Booths shall be equipped with handrails and nonslip floors.
Acts 1990, No. 587, §1, eff. July 19, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2713. Operational requirements

RS 40:2713 - Operational requirements
A. A tanning facility shall have an operator present during operating hours. The operator must be sufficiently knowledgeable of the correct operation of the tanning devices used at the facility to inform and assist each customer in the proper use of the tanning devices.
B. The registrant shall provide protective eyewear to each consumer for wear during any use of tanning equipment.
C. The protective eyewear required in Subsection B of this Section shall meet the requirements of 21 CFR 1040.20(c)(5).
D. Tanning facility operators shall use concerted efforts to ensure that consumers wear the protective eyewear required by this Section.
E. The registrant shall ensure that the protective eyewear required by this Section are properly sanitized before each use and shall not rely upon exposure to the ultraviolet radiation produced by the tanning equipment itself to provide such sanitizing.
Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2716. Criminal penalty

RS 40:2716 - Criminal penalty
Any person who has a tanning facility which is required to be registered pursuant to this Chapter and who fails to register that facility as so required or who operates that facility after such registration has expired, been suspended, or revoked shall be guilty of a misdemeanor. Any person convicted of such a misdemeanor shall be fined no less than one thousand dollars and no more than five thousand dollars for each violation. Each day of operation of a tanning facility in violation of the provisions of this Chapter shall constitute a separate offense.
Acts 1990, No. 587, §1, eff. July 19, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2717. Injunction

RS 40:2717 - Injunction
A. If the department, state health officer, or an authorized agent finds that a person has violated, is violating, or threatening to violate this Chapter and that the violation or threat of violation creates an immediate threat to the health and safety of the public, the department, state health officer, or an authorized agent may petition the district court for a temporary restraining order to restrain the violation or threat of violation.
B. If a person has violated, is violating, or threatening to violate this Chapter, the department, state health officer, or an authorized agent may after sending notice of said alleged violation to the alleged violator via certified mail, and the lapse of ten days following receipt of the notice by the alleged violator, petition the district court for an injunction to prohibit the person from continuing the violation or threat of violation.
C. On application for injunctive relief and a finding that a person is violating or threatening to violate this Chapter, the district court may grant any injunctive relief warranted by the facts.
D. Venue for a suit brought under this Section shall be in the parish in which the violation or the threat of violation is alleged to have occurred.
Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2718. Permits

RS 40:2718 - Permits
A. A person may not operate a tanning facility without a current and valid permit to operate the facility that is issued by the department.
B. The permit shall be displayed in an open public area of the tanning facility.
C. On receipt of an application or forms provided by the department for this purpose and renewal fees, permits shall be renewed annually by the department.
D. The department by rule may adopt a system under which permits expire on various dates during the year. As part of this system the annual renewal fees may be prorated on a monthly basis to reflect the actual number of months the permit is valid.
E. The department may revoke, cancel, suspend, or probate a permit to operate a tanning facility for any of the following reasons:
(1) Failure to pay a permit fee or an annual renewal fee for a permit.
(2) The applicant obtained or attempted to obtain a permit by fraud or deception.
(3) A violation of any of the provisions of this Chapter.
(4) A violation of a rule or regulation of the department adopted pursuant to this Chapter.
Acts 1990, No. 587, §1, eff. July 19, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2719. Fees

RS 40:2719 - Fees
The department shall establish and collect a permit fee of one hundred fifty dollars and an annual permit renewal fee of one hundred ten dollars.
Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.