reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:2192. Right to prohibit awards or procurement with individuals convicted of certain felony crimes

RS 39:2192 - Right to prohibit awards or procurement with individuals convicted of certain felony crimes
A. In awarding contracts, any public entity is authorized to reject the lowest bid from, or not award the contract to, a business in which any individual with an ownership interest of five percent or more has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony crime or equivalent federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws governing public contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, the Louisiana Procurement Code under the provisions of Chapter 17 of this Title.
B. Nothing in this Section shall impose a duty, responsibility, or requirement on a public entity to perform criminal background checks on contractors, vendors, or subcontractors. It shall be the responsibility of any person, company, or entity making an allegation of prior convictions on the part of any individual with an ownership interest of five percent or more in any bidder to present prima facie evidence to the public entity supporting their claim.
C. If evidence is submitted substantiating that any individual with an ownership interest of five percent or more in the lowest bidder has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony crime or equivalent federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws listed in Subsection A of this Section and the public entity rejects the lowest bid, the company whose bid is rejected shall be responsible to the public entity for the costs of rebidding, the increased costs of awarding to the second low bidder, or forfeiture of the bid bond, whichever is higher.
Acts 2010, No. 864, §2.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:2202. Definitions

RS 39:2202 - Definitions
As used in this Chapter the following terms have the following meanings unless the context clearly indicates otherwise:
(1) "Agency" means the Coastal Protection and Restoration Authority.
(2) "Contract" or "public contract" means all types of state agreements, regardless of what they may be called, for services, major repairs, or for the making of any public work funded by monies received by the agency or a political subdivision from the Federal Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011, hereinafter referred to as "RESTORE", or as a result of any settlement related to the explosion on, and sinking of the mobile offshore drilling unit Deepwater Horizon, or the Comprehensive Master Plan for Coastal Protection. The term "contract" shall include awards and notices of award; contracts of a fixed-price, cost, cost plus a fixed-fee, or incentive type contracts; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. Supplemental agreements with respect to any of the foregoing contracts shall also be considered a "contract" for purposes of this Chapter.
(3) "Contractor" means any person who has a contract with the Coastal Protection and Restoration Authority or a political subdivision to perform a public work as defined in this Chapter.
(4) "Data" means recorded information, regardless of form or characteristic.
(5) "Director" means the executive director of the Coastal Protection and Restoration Authority.
(6) "Public work" means the erection, construction, alteration, improvement, or repair of any public facility or immovable property owned, used, or leased by the Coastal Protection and Restoration Authority or a political subdivision which project is funded entirely or partially by monies received through the Federal Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011, or as a result of any settlement related to the explosion on, and sinking of the mobile offshore drilling unit Deepwater Horizon, or the Comprehensive Master Plan for Coastal Protection.
Acts 2012, No. 414, §1; Acts 2016, No. 430, §5.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:2203. Application of Chapter

RS 39:2203 - Application of Chapter
A. Notwithstanding any provision of law to the contrary, the provisions of this Chapter apply to public contracts of the agency or a political subdivision that are governed by Chapter 10 of Title 38, Chapters 16 and 17 of this Title, and Parts XIII and XIII-A of Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950. This Chapter shall not apply to agency expenditures for amortization of debt, debt service, depreciation, employee benefits, per diem, relocation expenses, salaries, postage, and transfers of charges.
B. This Chapter shall not apply to contracts for sole-source items, contracts with other governmental entities, and those contracts that are prohibited by federal law from inclusion in this Chapter. In addition, the provisions of this Chapter shall not apply to contracts entered into where there is imminent threat to life or property, where an emergency has been declared by the governor under the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., or where the chairman of the Coastal Protection and Restoration Authority, with the approval of the Coastal Protection and Restoration Authority Board, determines that an emergency exists whereby compliance with the provisions of this Chapter would create unreasonable hardship.
C. Political subdivisions are authorized to adopt all or any part of this Chapter and its accompanying regulations.
Acts 2012, No. 414, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:2204. Contracts for public work

RS 39:2204 - Contracts for public work
A. Any contract entered into by the agency or a political subdivision after August 1, 2012, shall conform to the requirements of this Section. In addition to all other provisions of law governing contracts for public works, including specifically the use of sealed bidding, requests for proposals, or any other type of competition used by the agency or a political subdivision, the contractor, within ten days of the contract having been awarded, shall submit to the Louisiana Workforce Commission the information required in Subsection B of this Section.
B. Each submission to the Louisiana Workforce Commission shall contain all of the following information:
(1) The number and types of jobs anticipated for the project.
(2) The skill level of the jobs anticipated for the project.
(3) The wage or salary range for each job anticipated for the project.
(4) Methods, if any, that the contractor will use to recruit unemployed persons or persons employed in low wage jobs to fill job openings for the project.
C. Within ten days of receipt of the information required in Subsection B of this Section, the Louisiana Workforce Commission shall provide the contractor with a list of people eligible for employment. An eligible person shall be a resident of a parish within the coastal zone as defined by the Louisiana State and Local Coastal Resources Management Act.
D. The information submitted under the provisions of Subsection B of this Section shall be used by the commission for the purpose of working with stakeholders to better align workforce training efforts to meet the needs of industry.
Acts 2012, No. 414, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1. Assistant secretary

RS 40:1 - Assistant secretary
The office of public health shall be administered by an assistant secretary appointed by the governor in accordance with the provisions of R.S. 36:257.
Acts 1976, No. 346, §1. 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 › §40:2. State health officer

RS 40:2 - State health officer
The state health officer shall be a licensed and practicing physician in the state of Louisiana and continue to be so qualified during his term of office. He shall be a full time employee of the Louisiana Department of Health. The secretary of the Louisiana Department of Health may designate any department employee, including himself, as state health officer. No order, rule, or regulation issued by the state health officer shall take effect until it is approved and signed by the secretary.
Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:3. State health officer; powers

RS 40:3 - State health officer; powers
The state health officer shall at all times take all necessary steps to execute the sanitary laws of the state and to carry out the rules, ordinances, and regulations as contained in the state sanitary code. He may issue warrants only to arrest or prevent epidemics or to abate any imminent menace to the public health.
Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.1. Cochon de lait; preparation in traditional manner

RS 40:4.1 - Cochon de lait; preparation in traditional manner
Notwithstanding any provisions of the state sanitary code or of any other law or regulation to the contrary, it shall be lawful to prepare cochon de lait in the traditional manner for public consumption. This Section shall not be construed to allow the sale or distribution of any unwholesome food.
Added by Acts 1977, No. 290, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.2. Jambalaya; preparation in traditional manner

RS 40:4.2 - Jambalaya; preparation in traditional manner
Notwithstanding any contrary provisions of the state sanitary code or any contrary provision of any other law or regulation, it shall be lawful to prepare jambalaya in the traditional manner for public consumption, including the use of iron pots, wood fires, and preparation in the open for service to the public at public gatherings. This Section shall not be construed to allow the sale or distribution of any unwholesome food.
Added by Acts 1977, No. 166, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.3. Hard- and soft-shell crabs; preparation in traditional manner for public consumption

RS 40:4.3 - Hard- and soft-shell crabs; preparation in traditional manner for public consumption
Notwithstanding any contrary provisions of the state sanitary code or any contrary provision of any other law or regulation, it shall be lawful to prepare hard- and soft-shell crabs in the traditional manner for public consumption at recognized outdoor Louisiana festivals, including preparation in the open for service to the public at such public gatherings. This Section shall not be construed to allow the sale or distribution of any unwholesome food.
Added by Acts 1983, No. 42, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.4. Italian food; preparation in traditional manner for public consumption

RS 40:4.4 - Italian food; preparation in traditional manner for public consumption
Notwithstanding any contrary provisions of the state sanitary code or any contrary provision of any other law or regulation, it shall be lawful to prepare Italian food in the traditional manner for public consumption at recognized outdoor Louisiana festivals, including preparation and display in the open for service to the public at such public gatherings. This Section shall not be construed to allow the sale or distribution of any unwholesome food.
Added by Acts 1983, No. 51, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.5. Exemptions

RS 40:4.5 - Exemptions
Parishes shall be exempt from that portion of the special event food and beverage preparation regulations of the department that require any equipment, design, construction, utensils, supplies, preparation, or services of any organization directing or operating a celebration of any recognized Louisiana festival or fair or any participant who prepares, serves, or sells any food or beverage at the celebration.
Acts 1984, No. 906, §1, eff. July 20, 1984.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.6. Exemption; benefits for zoos

RS 40:4.6 - Exemption; benefits for zoos
Any provision of the Louisiana Department of Health special event food and beverage preparation regulations that requires any equipment, design, construction, utensils, supplies, preparation, or services shall not apply to any organization or corporation directing or operating an event for the benefit of a publicly owned zoo nor to any participant who prepares, serves, or sells any food or beverage at such an event. This Section shall not be construed to allow the sale or distribution of any unwholesome food.
Added by Acts 1985, No. 608, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.7. New Orleans Jazz and Heritage Festival

RS 40:4.7 - New Orleans Jazz and Heritage Festival
Food and beverage services at the New Orleans Jazz and Heritage Festival shall be subject to inspection and compliance with applicable provisions of the state sanitary code and especially the special event food and beverage preparation regulations that pertain to equipment, design, construction, utensils, supplies, preparation, and services. The festival shall not be subject to exemptions granted in R.S. 40:4.5.
Acts 1988, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.8. Voluntary sanitary inspections of food booths

RS 40:4.8 - Voluntary sanitary inspections of food booths
A.(1) The Louisiana Department of Health shall inspect and may permit food booths at recognized Louisiana fairs and festivals for compliance with the special event food and beverage preparation regulations upon written request and signed agreement from the officials or organizations operating or directing such fairs or festivals. Such inspections shall be voluntary on the part of the officials or organizers of the fairs and festivals. The department shall exercise the enforcement powers authorized by the state's sanitary code when complying with a request and agreement executed in accordance with this Section.
(2) The department may establish and charge reasonable fees for such inspections consistent with current administrative regulations. Such fee shall not exceed twenty-five dollars per fair or festival.
B. Neither the department nor the state shall be liable for a failure to inspect any fair or festival when the officials or organizations operating or directing such fair or festival fail to make a written request and execute a signed agreement for such inspection pursuant to this Section.
Acts 1988, No. 644, §1, eff. Jan. 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.11. Community-type sewage systems and public water systems; permits

RS 40:4.11 - Community-type sewage systems and public water systems; permits
A. The state health officer shall issue his determination of approval or disapproval of a permit for construction of a public water system, including a community water system, or a community-type sewage system within sixty days after receipt of the initial submission to the office of public health of plans and specifications for which a permit is requested pursuant to the state sanitary code.
B. If the office of public health fails to take action to approve or disapprove a plan within seventy-five days after initial submission of the plans and specifications for which approval is sought, then any interested party may bring an action for mandamus against the state health officer or appropriate office of public health, and such officer or office shall be responsible for all costs of court and reasonable attorney fees incurred in the prosecution of such action. Nothing in this Section shall prohibit the party seeking the permit and the office of public health from agreeing in writing to an extension of the time limits specified in this Section.
C. The office of public health of the Louisiana Department of Health shall promulgate rules to implement the requirements of this Section, which rules shall include the establishment of time delays, not in conflict with this Section, within which the office of public health must request further information, clarifications, or changes to plans and specifications received from an applicant, as well as the establishment of time delays, not in conflict with this Section, within which an applicant must supplement his plans and specifications pursuant to a request to do so from the office of public health.
D. Nothing in this Section shall be construed to alter any enforcement authority regarding sewage disposal and water supplies otherwise granted to the state health officer pursuant to statute or rule.
Acts 1999, No. 853, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.14. Not-for-profit entity or charitable organization; receipt or use of certain meats or fish in food or meal distribution

RS 40:4.14 - Not-for-profit entity or charitable organization; receipt or use of certain meats or fish in food or meal distribution
Notwithstanding any provision of the state Sanitary Code or any other law or regulation to the contrary, it shall be lawful for a not-for-profit entity or a charitable organization to receive or use any commercial or game fish, migratory or resident game bird, game quadruped, as defined in R.S. 56:8, alligator, or feral hog in food or meal distribution at no cost to an individual.
Acts 2013, No. 371, §1, eff. June 18, 2013.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.15. Minimum disinfectant residual level of free or total chlorine throughout public water systems; rules and regulations; reporting

RS 40:4.15 - Minimum disinfectant residual level of free or total chlorine throughout public water systems; rules and regulations; reporting
A. The Louisiana Department of Health, office of public health, shall promulgate rules and regulations pursuant to the Administrative Procedure Act that require a public water system to maintain a minimum disinfectant level of free or total chlorine in the water being delivered to the distribution system, in finished water storage tanks, and in all points of the distribution. Such rules and regulations shall not specify a minimum disinfectant level of less than 0.1 parts per million. This Section shall apply to any water system that provides water for residential consumption and use. However, the provisions of this Section shall not apply to any private water system that supplies water to three or less residences or that is used primarily for agricultural operations as defined in R.S. 3:3602(5).
B. The department shall review such rules and regulations as necessary and shall submit an annual report as to the state of public water systems across Louisiana to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare no later than February first of each year.
C. An industrial user that owns, operates, and maintains a water system dedicated to the exclusive use of its operations or facilities may apply for a variance from any requirement to maintain a minimum disinfectant level of free or total chlorine in its water system. The department shall review any such variance request and may grant approval if not inconsistent with applicable federal statute, rule, or regulation. Nothing in this Section shall be construed to require such an industrial user or consumer holding such a variance or holding a variance pending final agency determination to reapply for such variance.
Acts 2014, No. 573, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:4.16. Water systems; iron and manganese control

RS 40:4.16 - Water systems; iron and manganese control
The office of public health of the Louisiana Department of Health shall promulgate and adopt rules in accordance with the Administrative Procedure Act to implement iron and manganese control requirements for water systems.
Acts 2014, No. 861, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.1. Sanitation; inspection of railroad property

RS 40:5.1 - Sanitation; inspection of railroad property
The secretary of the Louisiana Department of Health or his designee shall have the authority to go upon railroad property and inspect the premises for sanitary conditions and enforce the rules and regulations pertaining to sanitation.
Added by Acts 1978, No. 241, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.2. Limitations

RS 40:5.2 - Limitations
Nothing in this Part shall be construed to authorize the state health officer or the Louisiana Department of Health to impose on any person any mode of treatment inconsistent with1 creed or tenets of any religious denomination of which he is an adherent, provided that sanitary and quarantine regulations are complied with by such person.
Added by Acts 1982, No. 619, §1.
1The words "with creed" are as they appear in the enrolled Act.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.3.1. Repealed by Acts 2011, No. 1, §2, eff. on May 20, 2011.

RS 40:5.3.1 - Repealed by Acts 2011, No. 1, §2, eff. on May 20, 2011.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.4. Testing of private water wells

RS 40:5.4 - Testing of private water wells
Upon the request of the owner of any private water well, the state health officer or his representative is authorized to test the purity of the water produced by such well and shall report the results of such testing to the owner.
Added by Acts 1975, No. 698, §1; Acts 1999, No. 289, §5.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.5.1. Food service establishments; self-service buffets

RS 40:5.5.1 - Food service establishments; self-service buffets
A. All food services establishments shall provide a sign posted at the location of the self-service buffet which encourages individuals to wash their hands prior to serving themselves.
B. Any violation of this Section shall be a violation of the state's Sanitary Code.
C. The Louisiana Department of Health shall prescribe and publish minimum standards, rules, and regulations as necessary to effectuate the provisions of this Section.
D. For purposes of this Section "food service establishment" shall have the same meaning as provided for in R.S. 40:5.5.
Acts 2006, No. 384, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.5.2. Chinese seafood warning label program

RS 40:5.5.2 - Chinese seafood warning label program
A. The legislature finds that serious risks to public health may be posed by radiation, antibiotics, such as chloramphenicol and fluoroquinolones, chemicals, malachite green, copper salts, and other residues found in Chinese seafood. The overexposure to antibiotics from such seafood may cause serious antibiotic resistance to the consumer. In addition, chemicals such as malachite green are known carcinogens. It is the intent of the legislature to protect the health and welfare of Louisiana consumers from potentially harmful residues in seafood imported from the People's Republic of China that are sold or served in Louisiana. Therefore, the legislature finds that Louisiana consumers have the right to know if seafood imported from the People's Republic of China is being served in a food service establishment or is available for purchase.
B.(1) The state health officer shall prepare and promulgate all rules and regulations necessary to ensure that all consumers of imported marine and freshwater seafood products from the People's Republic of China are warned about the potential health risks associated with the consumption of those products.
(2) The state health officer and the Louisiana Restaurant Association shall employ a marketing campaign that places an emphasis on highlighting the benefits of eating domestic seafood.
C. The state health officer shall produce a statement that may be included on labels, placards, menu boards, or other promotional signage that encourages consumers to consume Louisiana seafood and warns of the risks that may be associated with the consumption of Chinese seafood.
D. With the cooperation and assistance of the Louisiana Retailers Association, the Louisiana Restaurant Association, and other necessary organizations, the state health officer in conjunction with the Department of Agriculture and Forestry shall encourage the display of the signage and other promotional literature as provided for in Subsection C of this Section where seafood sales occur.
Acts 2009, No. 330, §1, eff. Jan. 1, 2010; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.5.3. Seafood Safety Task Force; creation; purpose

RS 40:5.5.3 - Seafood Safety Task Force; creation; purpose
A. Within the Louisiana Department of Health there is hereby created the Seafood Safety Task Force, hereafter referred to as "task force". The task force shall be charged with obtaining: (1) the method in which the imported seafood is inspected in Louisiana; (2) the frequency of inspections of imported seafood; (3) the substances for which imported seafood are currently being tested; and (4) the results of sampling analysis of potentially harmful substances in imported seafood. The task force shall compile the results of these findings and develop seafood and safety recommendations to be reported to the House Committee on Health and Welfare, the Senate Committee on Health and Welfare, the House Committee on Agriculture, Forestry, Aquaculture, and Rural Development, and the Senate Committee on Agriculture, Forestry, Aquaculture, and Rural Development by March 1, 2010.
B. The task force shall be composed of the following members:
(1) A member appointed by chairman of the House Committee on Health and Welfare who shall serve as chair of the task force or his designee.
(2) A member appointed by chairman of the Senate Committee on Health and Welfare or his designee.
(3) The commissioner of the Department of Agriculture and Forestry or his designee.
(4) The chancellor of the Louisiana State University Agricultural Center or his designee.
(5) A representative of the Louisiana Poison Control Center.
(6) The secretary of the Louisiana Department of Health or his designee.
(7) A representative of the United States Food and Drug Administration.
(8) A representative of the Louisiana Farm Bureau Federation.
(9) The secretary of the Department of Wildlife and Fisheries or his designee.
(10) The secretary of the Department of Environmental Quality or his designee.
(11) A representative of the Louisiana Restaurant Association.
(12) A public health nutritionist.
C. The task force shall convene for its first meeting no later than January 15, 2010. At this meeting the members shall elect a vice chairman and other officers as they deem appropriate.
D. The task force shall meet at such times and at places it may designate. Meetings shall be held at the call of the chairman or at the call of a quorum of members upon not less than seven days notice. A majority of a quorum shall be present to transact any business. The members of the task force shall not be compensated for their services on the task force but may seek travel reimbursements from their respective agencies under their respective guidelines. Meetings of the task force shall be subject to laws regarding open meetings, and records of the task force shall be subject to laws regarding public records.
E. The chair of the task force may appoint committees to fulfill the purposes of the task force. The chair of the task force shall appoint the chair of any committee and shall designate the functions and responsibilities of each committee appointed.
Acts 2009, No. 330, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.5.4. Imported crawfish and shrimp; notice to patrons of food service establishments required

RS 40:5.5.4 - Imported crawfish and shrimp; notice to patrons of food service establishments required
A. As reflected in Act No. 330 of the 2009 Regular Session of the Legislature, this state recognizes that serious risks to public health may be posed by antibiotics, radiation, and numerous toxins found in seafood products, including but not limited to crawfish and shrimp, that originate outside of the United States. It remains the intent of the legislature to protect Louisiana consumers from potentially harmful chemicals and residues in seafood products that are imported from foreign countries and sold or served in food service establishments in this state. Therefore, the legislature declares that Louisiana consumers have the right to know if crawfish or shrimp imported from a foreign country is being served in a food service establishment, as the consumption of such seafood may pose a health risk.
B.(1) Any food service establishment that uses a menu as a standard business practice and sells or provides cooked or prepared crawfish or shrimp that originate outside of the United States shall display on all menus the country of origin of such crawfish or shrimp, or denote that the crawfish or shrimp are imported, in letters no smaller than the same size, font, and shade as the product being offered, immediately adjacent to the menu listing of the seafood item being sold. In lieu of this requirement, the notice shall be paper-clipped to the menu, with the same location, size, font, and shade restrictions required when the notice is listed directly on the menu.
(2) Any food service establishment that does not use a menu as a standard business practice and sells or provides cooked or prepared crawfish or shrimp that originate outside of the United States shall display on a sign posted at the main entrance to the establishment that certain crawfish or shrimp, as applicable, being served within originate from a foreign country. Each sign shall be at least eighteen inches tall and eighteen inches wide and shall be written in the English language in letters not less than one inch in size. The sign shall be placed in an open area and in a conspicuous position not less than thirty-six inches from the floor so that it is visible to all patrons.
C. Any violation of this Section shall constitute a violation of the state sanitary code.
D. The Louisiana Department of Health shall promulgate all such rules in accordance with the Administrative Procedure Act as are necessary to enforce the provisions of this Section.
E. For purposes of this Section, "food service establishment" shall have the meaning ascribed in R.S. 40:5.5.
Acts 2019, No. 372, §1, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.6. Safe drinking water; inspections and tests; cost

RS 40:5.6 - Safe drinking water; inspections and tests; cost
A. Notwithstanding any other provision of law to the contrary, the office of public health of the Louisiana Department of Health shall perform all inspections, tests, or procedures on public water supplies as may be authorized by the administrator of the Environmental Protection Agency under the federal Safe Drinking Water Act, 42 U.S.C. 300f et seq. at no cost to any municipality, parish governing authority, or any public or privately owned water system except as provided in R.S. 40:31.33.
B. The office of public health shall perform tests for contaminants identified in accordance with the federal Safe Drinking Water Act, 42 U.S.C. 300f et seq., at least once a year, as funds are appropriated, on all public water supplies in municipalities with the following populations, based on the 1990 census:
(1) Between three thousand one hundred fifty and three thousand one hundred sixty people.
(2) Between three thousand four hundred seventy and three thousand four hundred eighty people.
(3) Between five thousand and five thousand fifteen people.
(4) Between twenty thousand one hundred twenty and twenty thousand one hundred thirty people.
(5) Between seventy thousand five hundred seventy and seventy thousand five hundred ninety people.
Acts 1990, No. 257, §1, eff. July 4, 1990; Acts 1999, No. 1203, §2; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.6.1. Safe drinking water; pilot program for water testing at schools; reporting; termination

RS 40:5.6.1 - Safe drinking water; pilot program for water testing at schools; reporting; termination
A. The Louisiana Department of Health, referred to hereafter in this Section as the "department", shall establish a pilot program for drinking water testing at elementary schools which comports with the requirements and specifications provided in this Section.
B. The department shall select for the pilot program twelve public elementary schools at which to conduct drinking water testing. The department shall select for the pilot program schools with buildings which were built prior to 1986 or which may otherwise be susceptible to drinking water contamination.
C. The office of public health of the department shall conduct drinking water testing on a schedule determined by the state health officer in each school selected for the pilot program. The state health officer shall select the standards for which the office shall test such that the testing is accomplished in a cost-neutral manner.
D. The department shall operate the pilot program in a manner which incurs no additional cost to the department.
E. The department shall report findings and outcomes of the pilot program to the House and Senate committees on health and welfare on or before December thirty-first annually.
F. The provisions of this Section shall terminate on January 1, 2021.
Acts 2018, No. 632, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.7. Sanitary inspections of individual, privately owned water wells; fees

RS 40:5.7 - Sanitary inspections of individual, privately owned water wells; fees
The office of public health of the Louisiana Department of Health is authorized to establish a fee of seventy-five dollars for the collection and analysis of bacteriological water samples from individual, privately owned water wells, only at the request of the owner.
Acts 1990, No. 213, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.8. Definitions

RS 40:5.8 - Definitions
The following terms as used in this Chapter relative to public water systems shall have the following meanings:
(1) "Community water system" means a public water system that serves year-round residents within a residential setting. Examples of "community water systems" include systems serving municipalities, water districts, subdivisions, and mobile home parks.
(2) "Noncommunity water system" means a public water system that serves persons in a nonresidential setting. Examples of "noncommunity water systems" include systems serving schools, day care centers, hospitals, highway rest areas, restaurants, bars, and grocery stores.
(3) "Nontransient noncommunity water system" means a noncommunity water system that regularly serves at least twenty-five of the same persons over six months per year. Examples of "nontransient noncommunity water systems" include public water systems serving schools, day care centers, and hospitals.
(4) "Person" means an individual, a public or private corporation, an association, a partnership, a public body created by or pursuant to state law, the state of Louisiana, an agency or political subdivision of the state, a federally recognized Indian tribe, the United States government, a political subdivision of the United States government, and any officer, employee, and agent of one of those entities.
(5) "Potable water" means water having bacteriological, physical, radiological, and chemical qualities that make it safe and suitable for human drinking, cooking, and washing uses.
(6) "Public water system" means a system for the provision to the public of water for potable purposes, through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. The term includes all of the following:
(a) Any collection, treatment, storage, and distribution facilities under the control of the operator of the system and used primarily in connection with the system.
(b) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system.
(7) "State health officer" means the legally appointed or acting state health officer as defined in R.S. 40:2 and includes his duly authorized technical representative.
Acts 1991, No. 537, §1; Acts 1997, No. 814, §1; Acts 2001, No. 862, §1; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.9.2. Community water system accountability; federal funds

RS 40:5.9.2 - Community water system accountability; federal funds
A community water system or local governing authority operating a community water system receiving federal funds, including stimulus or relief payments or grants, for the upgrade, repair, or otherwise replacement of the water system infrastructure shall submit a detailed plan describing how the federal funds will be used to the Louisiana Department of Health.
Acts 2021, No. 98, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.10. Oyster Sanitation Dedicated Fund Account

RS 40:5.10 - Oyster Sanitation Dedicated Fund Account
A. There is hereby established a special statutorily dedicated fund account in the state treasury to be known as the Oyster Sanitation Dedicated Fund Account, hereinafter referred to as the "account". The account shall consist of monies received by virtue of the surcharge assessed pursuant to R.S. 30:2075.1, such monies as may be appropriated to it by the legislature, and monies received by the account from grants and donations. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
B. Monies in the account shall be invested by the state treasurer in accordance with the law, and shall comply with the provisions of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund. Subject to Article VII, Section 9 of the Constitution of Louisiana, the investment earnings on account monies shall be credited to the account. The treasurer shall advise the governor and the legislature of the status of the account thirty days prior to each regular session of the legislature and at any other time upon their request.
C. Upon request of the secretary of either department named herein, and pursuant to appropriation by the legislature, the treasurer shall disburse monies from the account to the Louisiana Department of Health or the Department of Wildlife and Fisheries for projects or measures that protect, enhance, or restore sanitary conditions directly related to the molluscan shellfish industry.
D. Monies from the account may not be used other than for the sanitation purposes authorized in Subsection C of this Section, or investment authorized in Subsection B of this Section.
Acts 1993, No. 911, §2, eff. June 23, 1993; Acts 2021, No. 114, §10, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.10.1. Imported Seafood Safety Fund

RS 40:5.10.1 - Imported Seafood Safety Fund
A. There is hereby created in the state treasury a special fund designated as the Imported Seafood Safety Fund, referred to hereafter in this Section as the "fund". After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the fund monies collected pursuant to R.S. 40:31.35(C). Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on investment of monies shall be deposited in and credited to the fund. Unexpended and unencumbered monies in the fund shall remain in the fund. Monies in the fund shall be appropriated to the office of public health of the Louisiana Department of Health and used exclusively as provided in this Section.
B. The monies in the fund shall be appropriated and expended solely for the purpose of sampling, analysis, testing, and monitoring of raw seafood products of foreign origin that are imported into Louisiana and stored on the premises of any business holding a commercial seafood permit issued pursuant to R.S. 40:31.35. The office of public health of the Louisiana Department of Health shall directly administer or contract for such sampling, analysis, testing, and monitoring functions. The office of public health shall employ such functions to detect in imported seafood products the presence of substances that are harmful to human health. The state health officer shall determine the specific types of such sampling, analysis, testing, and monitoring functions to be implemented as well as the frequency and scope of these activities, all of which he may modify based upon the availability of funding for these purposes.
Acts 2021, No. 306, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:5.12. Cancer investigation and intervention

RS 40:5.12 - Cancer investigation and intervention
A. Cancer control is hereby declared to be an urgent public health priority of this state.
B. The state health officer and the office of public health of the Louisiana Department of Health are hereby authorized to operate a program of cancer investigation and subsequent intervention if sufficient funding is available for this purpose.
C. The source of monies for the cancer investigation and intervention program provided for in this Section may be any appropriation by the legislature, including appropriations of federal funds; appropriations from the Health Excellence Fund created by Article VII, Section 10.8(A)(2) of the Constitution of Louisiana, and appropriations from the Louisiana Fund created by Article VII, Section 10.9(A) of the Constitution of Louisiana; any public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities; and any other monies which may be provided by law.
D. The state health officer and the office of public health of the Louisiana Department of Health shall engage and collaborate with the Louisiana Tumor Registry, the Louisiana Cancer Research Center, and the Louisiana Advisory Committee on Populations and Geographic Regions With Excessive Cancer Rates in administering the cancer investigation and intervention program provided for in this Section.
E. The program provided for in this Section shall be conducted in addition to the activities of, and shall not replace or supplant, the Louisiana Cancer Prevention and Control Programs of the School of Public Health of the Louisiana State University Health Sciences Center-New Orleans.
Acts 2017, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:7. Communicable disease epidemic; procedure

RS 40:7 - Communicable disease epidemic; procedure
A. If any parish or municipality or any portion thereof becomes infected with any disease to such an extent as to threaten the spread of the disease to the other portions of the state, the state health officer shall issue his proclamation declaring the facts and ordering the infected parish or municipality or the infected portion thereof quarantined. Further, the state health officer shall order all local health officers to quarantine against the locality; shall establish and promulgate the rules, regulations, terms, and conditions on which intercourse with the infected locality will be permitted; and shall issue to the other local sanitary authorities instructions as to the measures adopted in quarantining against persons, goods, or other property coming from the infected locality. These rules, regulations, terms, and conditions shall be observed and obeyed by all health authorities. Any other of the noninfected portions of the state may, upon approval of the state health officer, add to the regulations, rules, terms, and conditions already imposed by the state health officer.
B. The state health officer may prohibit the introduction into any infected portion of the state persons acclimated, unacclimated, or said to be immune, when, in his judgment, the introduction of those persons would increase the prevalence of the disease.
C. The state health officer shall render to the local health officers all the assistance which the conditions of his finances permit.
Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:8. Investigations; entry on and inspection of premises; order to compel attendance of witnesses or production of documents

RS 40:8 - Investigations; entry on and inspection of premises; order to compel attendance of witnesses or production of documents
A. The state health officer shall conduct investigations to determine compliance with the state sanitary code or health and sanitary laws of the state and shall investigate any circumstances which he has determined pose a threat or reasonable expectation of a threat to the public health.
B. In conducting an investigation pursuant to this Section, the state health officer or any duly authorized representative may enter, examine, and inspect all grounds, structures, public buildings, and public places in execution of a warrant issued in accordance with the constitution and laws of Louisiana.
C. In conducting an investigation pursuant to this Section, the state health officer may petition the district court of the parish where the person, agency, organization, or legal entity resides, may be found, transacts business, or has its principal place of business for an order to compel the attendance of a witness or to compel the production of documents or records anywhere in the state, if information relevant to the inspection or investigation is in the possession of the witness or is contained in the documents or records.
D. The clerk of court of the parish where the district court is located that issues an order under this Section shall mail a certified copy of the order and certified copy of the state health officer's petition to the parties indicated in the state health officer's petition to receive service of process of the order and petition. The clerk shall file a certificate in the record showing the date on which, and the counsel and parties to whom, the certified copy of the order and petition were mailed. The mailing of the certified copy of the order and petition shall be effective service of process on residents and nonresidents under R.S. 13:3201 et seq.
Acts 1976, No. 346, §1; Acts 1999, No. 667, §1.