Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part I - Wildlife and Fisheries Commission and Agencies Thereunder › Chapter 7 - Louisiana Wild Seafood Certification Program › Section I-709 - Monitoring and Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				submission of permit application, LDWF shall validate the applicant's required
				licenses and permits and check for any LWSCP related convictions. Any
				violations found shall be treated in a manner consistent with Section E of this
				provision
B. Program applicable
				LDWF, LDHH, and LDAF violations shall be reported to LWSCP program monitors on
				a regular basis. Any convictions found shall be treated in a manner consistent
				with Section E of this provision.
C. Product containing the LWSCP label, and
				all required records associated with such product, must be made available upon
				request of any LDWF, LDAF, or LDHH agent for inspection and sampling to ensure
				certification standards are being followed. Failure to comply shall result in
				removal of the product from the market [R.S.
				56:578.15(B)] and shall be
				considered a record keeping violation as described in Section E of this
				provision.
D. Product samples may
				be taken to conduct DNA or protein based country of origin tests. Discovery of
				any foreign product shall be considered as commingling under Section E of this
				provision and may result in fines and penalties notwithstanding those
				associated with LWSCP.
E. LWSCP
				Violations
1. Any violation of the above LWSCP
				program rules shall constitute a class 1 violation under the authority of
				R.S.
				56:23. The provisions of this Section do not
				exempt any person from other laws, rules, regulation, and license requirements
				for this or other jurisdictions.
2.
				If any required licenses or permits (LDWF, LDAF, LDHH) are revoked or
				temporarily suspended, the participant shall be automatically removed from the
				LWSCP and shall not be able to use the LWSCP logo. When the license(s) or
				permit(s) are reinstated, participant can be reinstated into the LWSCP via the
				renewal application process.
3.
a. The following program violations involving
				LWSCP-labeled seafood products shall result in its seizure:
i. commingling non-certified seafood with
				certified seafood;
ii. intentional
				misrepresentation of program seafood;
iii. any trademark infringement practices
				with LWSCP trademark and trade name;
iv. fraudulent trip tickets and/or record
				keeping; and
v. short weight
				violations.
b. Any
				seizures or forfeitures of LWSCP-labeled seafood product or materials shall be
				disposed of in accordance with LAC 76:I.305.B.
4. The department shall not issue a permit or
				register a product to any person convicted of the following offenses for the
				specified length of time from date of conviction.
Offense
Ineligible Period
Commingling non-certified seafood into certified
							 program packaging
36 months
Misrepresentation of program seafood
36 months
Any trademark infringement practices with LWSCP
							 trademark and trade name
36 months
Falsification or lack of trip tickets or other sales
							 records, invoices, or bills of lading required by the program
36 months
Submission of fraudulent LWSCP application
36 months
Short weights
First offense 12 months; second offense 36 months
Scale tampering
First offense 12 months; second offense 36 months
Not adhering to labeling guidelines
First offense 12 months; second offense 36 months