Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:616 Adulterated drugs
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§616. Adulterated drugs A drug is considered adulterated if it has been found to be such by any department of the United States government, or: (1) If it consists in whole or in part of any filthy, putrid, or decomposed substance. (2) If it has been prepared, packed, or held unde…
La. Rev. Stat. § 40:617 Misbranded drugs and devices
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§617. Misbranded drugs and devices A. A drug or device is considered misbranded if it has been found to be such by any department of the United States government, or: (1) If its labeling is false or misleading in any particular. Any representation concerning any effect of a drug …
La. Rev. Stat. § 40:617.1 Repealed by Acts 2011, No
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§617.1. Repealed by Acts 2011, No. 100, §2
La. Rev. Stat. § 40:618 Drugs recognized in compendiums
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§618. Drugs recognized in compendiums Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia for purposes of this Part unless it is la…
La. Rev. Stat. § 40:619 Certain drugs and devices excepted from labeling and packaging provisions
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§619. Certain drugs and devices excepted from labeling and packaging provisions The department shall promulgate regulations exempting from any labeling or packaging requirement of this Part drugs and devices which are, in accordance with the practice of the trade, processed, labe…
La. Rev. Stat. § 40:62 Issuance of new birth certificate after anatomical change of sex by surgery
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§62. Issuance of new birth certificate after anatomical change of sex by surgery A. Any person born in Louisiana who has sustained sex reassignment or corrective surgery which has changed the anatomical structure of the sex of the individual to that of a sex other than that which…
La. Rev. Stat. § 40:62.1 Issuance of new birth certificate for child with mistaken sex designation on original birth record
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§62.1. Issuance of new birth certificate for child with mistaken sex designation on original birth record A. Where a child's sex designation and consequently the child's first or given name is erroneously recorded at the time of birth on an original birth certificate, the state r…
La. Rev. Stat. § 40:620 Certification of coal-tar colors for drugs
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§620. Certification of coal-tar colors for drugs The department may promulgate regulations for the certification of coal-tar colors which are harmless and suitable for use in drugs for purposes of coloring only. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:621 Adulterated cosmetics
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§621. Adulterated cosmetics A cosmetic is considered adulterated if it has been found to be such by any department of the United States government, or: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health under such conditions…
La. Rev. Stat. § 40:622 Misbranded cosmetics
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§622. Misbranded cosmetics A cosmetic is considered misbranded if it has been found to be such by any department of the United States government, or: (1) If its labeling is false or misleading in any particular or if it is injurious to health under the conditions of use prescribe…
La. Rev. Stat. § 40:623 Certain cosmetics excepted from labeling requirements
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§623. Certain cosmetics excepted from labeling requirements The department may promulgate regulations excepting from any labeling requirements of this Part cosmetics which are, in accordance with the practice of the trade, processed, labeled, or repacked in substantial quantities…
La. Rev. Stat. § 40:624 Certification of coal-tar colors for cosmetics
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§624. Certification of coal-tar colors for cosmetics The department may promulgate regulations for the certification of coal-tar colors which are harmless and suitable for use in cosmetics. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:625 False advertisement
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§625. False advertisement A. An advertisement of a food, drug, device, or cosmetic is false if it is false or misleading in any particular regarding the food, drug, device, or cosmetic. Any representation concerning any effect of a drug or device is false under this Subsection if…
La. Rev. Stat. § 40:626 Exceptions as to false advertising by agencies
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§626. Exceptions as to false advertising by agencies Publishers, radio broadcast licensees, television broadcast licensees, advertising agencies, and other agencies or mediums for dissemination of advertising do not violate the provisions of R.S. 40:625(C) by the dissemination of…
La. Rev. Stat. § 40:627 Registration of certain products
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§627. Registration of certain products A. Except as provided in Subsection E of this Section, the department may require all manufacturers, packers, or proprietors of processed foods, proprietary or patent medicines, prophylactic devices, and cosmetics, in package form, to regist…
La. Rev. Stat. § 40:628 Examination and investigation fee; food and drug control fees
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§628. Examination and investigation fee; food and drug control fees A. All inspection, investigation, and examination fees collected by the department under the provisions of this Part shall be devoted to the expenses of inspections, examinations, and investigations conducted und…
La. Rev. Stat. § 40:629 Records of interstate shipment
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§629. Records of interstate shipment A. For the purpose of enforcing the provisions of this Part, carriers engaged in interstate commerce and persons receiving food, drugs, devices, or cosmetics in interstate commerce shall, upon the request in the manner set out below of an offi…
La. Rev. Stat. § 40:63 Abortion, induced termination of pregnancy; purpose
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§63. Abortion, induced termination of pregnancy; purpose The purpose of this Part shall be the compilation of relevant maternal life and health factors and data concerning abortions which may be used in the improvement of maternal health and life. The further purpose and function…
La. Rev. Stat. § 40:630 Carriers in interstate commerce; excepted from Part
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§630. Carriers in interstate commerce; excepted from Part Carriers engaged in interstate commerce are not subject to the provisions of this Part, other than R.S. 40:629, by reason of their receipt, carriage, or delivery of food, drugs, devices, cosmetics, or advertising matter in…
La. Rev. Stat. § 40:631 Factory inspections
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§631. Factory inspections A. In order to prevent commerce in adulterated or misbranded food, drugs, devices, or cosmetics and to safeguard the public health and prevent deceit upon the purchasing public, officers or employees duly designated by the department, after making reason…
La. Rev. Stat. § 40:632 Causes for seizure and condemnation of food, drugs, devices, or cosmetics
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§632. Causes for seizure and condemnation of food, drugs, devices, or cosmetics Any article of food and any drug, device, or cosmetic that is adulterated, misbranded, or unregistered or which has been manufactured, processed, or packed in a factory or establishment, the operator …
La. Rev. Stat. § 40:633 Seizure; procedure; prohibition on sale or disposal of article
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§633. Seizure; procedure; prohibition on sale or disposal of article A. Whenever a duly authorized officer or employee of the department finds or has probable cause to believe that cause for the seizure of any food, drug, device, or cosmetic, as set out in R.S. 40:632 exists, he …
La. Rev. Stat. § 40:634 Condemnation and sale; release
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§634. Condemnation and sale; release A. When any article detained or seized pursuant to R.S. 40:633 has been found by the department to be subject to seizure and condemnation pursuant to R.S. 40:632, the department shall petition a court for an order of condemnation or sale, as t…
La. Rev. Stat. § 40:635 Condemnation or destruction of perishables in certain cases
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§635. Condemnation or destruction of perishables in certain cases A. Whenever the department or its duly authorized officer or employee finds in any factory, establishment, structure, or vehicle of transportation any meat, seafood, poultry, vegetables, fruit, or other perishable …
La. Rev. Stat. § 40:636 Other prohibited acts
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§636. Other prohibited acts The following acts and the causing thereof are prohibited: (1) The introduction or delivery for introduction into commerce of any food, drug, device, or cosmetic that is adulterated or misbranded. (2) The adulteration, or misbranding, of any food, drug…
La. Rev. Stat. § 40:637 Procedure for reporting violations of Part
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§637. Procedure for reporting violations of Part A. Before reporting any violation of this Part to any district attorney for institution of criminal proceedings thereunder, the department may, in accordance with regulations prescribed by it, afford appropriate notice and opportun…
La. Rev. Stat. § 40:638 Duties of district attorney
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§638. Duties of district attorney Each district attorney to whom the department reports any violation for institution of criminal or injunction proceedings under this Part, or to whom any health, food, or drug officer of the state or political subdivision thereof, presents eviden…
La. Rev. Stat. § 40:639 Penalties
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§639. Penalties Except as provided in R.S. 40:971.3, whoever violates any provision of this Part shall be fined, for the first offense, not more than one thousand dollars or imprisoned for not more than one year, or both. For the second or subsequent offense, he shall be fined no…
La. Rev. Stat. § 40:64 Forms for collection of data
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§64. Forms for collection of data The state registrar shall prescribe forms for the collection of information and statistics with respect to abortions. Such forms shall require, but not be limited to, the following information: (1) The age, marital status, and state and parish (c…
La. Rev. Stat. § 40:640 Dealers excepted from penalty in certain cases
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§640. Dealers excepted from penalty in certain cases No dealer is subject to the penalties of R.S. 40:639: (1) For having received any article of food, drug, device, or cosmetic and in good faith sold it as received unless he refuses to furnish on request of an officer or employe…
La. Rev. Stat. § 40:641 Injunction proceedings
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§641. Injunction proceedings A. In order to avoid multiplicity of criminal prosecutions, the district courts may, for cause, restrain any person by temporary or permanent injunction from the repetitious introduction or causing to be introduced into commerce of any adulterated, mi…
La. Rev. Stat. § 40:642 Repealed by Acts 2022, No
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§642. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:65 Completion of forms; filing with vital records registry
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§65. Completion of forms; filing with vital records registry The information required by the form for which provision is made in R.S. 40:64 shall be completed by the physician or physicians performing the abortion in each case in which an abortion is performed. Such completed for…
La. Rev. Stat. § 40:651 Definitions
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§651. Definitions As used in this Part, unless the context otherwise indicates, the following terms shall have the following meanings ascribed to them: (1) "Confirmed positive test result" means any result obtained from a laboratory test of an ingredient, equipment, container, or…
La. Rev. Stat. § 40:652 Food processing plants; written food processing plan
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§652. Food processing plants; written food processing plan A. Beginning January 1, 2011, every food processing plant operating within the state shall maintain a written food processing plan which shall be immediately available for review by the department upon request. B. The sec…
La. Rev. Stat. § 40:653 Food processing plants; recall plan
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§653. Food processing plants; recall plan A. Beginning January 1, 2011, every food processing plant operating within this state shall maintain a written food recall plan which shall be immediately available for review by the department upon request. B. The secretary shall promulg…
La. Rev. Stat. § 40:654 Food processing plants; foodborne illness reporting and testing requirements
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§654. Food processing plants; foodborne illness reporting and testing requirements A. Whenever any person or firm that operates a food processing plant in this state obtains information from testing of samples or specimens of finished foods or finished ingredients which indicates…
La. Rev. Stat. § 40:66 Failure to complete form; penalty
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§66. Failure to complete form; penalty Failure to complete such form as required in R.S. 40:65 shall be a misdemeanor punishable by imprisonment for ninety days in jail or by a five hundred dollar fine, or both. Such failure to complete such form and to timely transmit same shall…
La. Rev. Stat. § 40:661 RS 40:661
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§661 eff. Jan. 1, 2028. See Acts 2025, No. 463. PART I-B. DISCLOSURE OF HARMFUL INGREDIENTS §661. Food containing artificial colors, additives, or banned chemicals; ingredient information A. Any food product offered for sale in this state shall be labeled by the manufacturer in a…
La. Rev. Stat. § 40:662 RS 40:662
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§662 eff. Jan. 1, 2028. See Acts 2025, No. 463. §662. Seed oil; notice to patrons of food service establishments required A. Any food service establishment, as defined in R.S. 40:5.5, that cooks or prepares food using seed oil shall display a disclaimer on the menu or other clear…
La. Rev. Stat. § 40:67 Persons over twelve years of age; establishment of birth record
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§67. Persons over twelve years of age; establishment of birth record Any person born in Louisiana who is over twelve years of age and who has no birth record on file with the vital records registry may establish a birth record through the district courts of the various parishes o…
La. Rev. Stat. § 40:671 Washing prohibited; penalty
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§671. Washing prohibited; penalty A. No one shall wash any articles of food intended for human consumption in any body of water on the right of way of any public highway or road, or in any water anywhere except running water. B. Whoever violates the provisions of this Section sha…
La. Rev. Stat. § 40:676 Laetrile
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§676. Laetrile A. The manufacture, sale, possession, and use of laetrile, or amygdalin is lawful in the state of Louisiana. However, the sale of the parenteral form of laetrile is lawful only with the prescription of a licensed physician. B. The manufacture, sale, possession and …
La. Rev. Stat. § 40:68 Petition
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§68. Petition The suit shall be filed contradictorily against the state registrar either in the parish of residence or the parish of birth. Persons born in Louisiana and residing outside the state must file suit in the parish of birth. The petition shall be accompanied by a lette…
La. Rev. Stat. § 40:681 License required for use of containers
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§681. License required for use of containers No person shall use or sell or transfer for use in the manufacturing, production, preparation, compounding, blending, or packing for sale, distribution, or transfer of a food, drug, or beverage any containers other than new containers …
La. Rev. Stat. § 40:682 Qualifications for license; sterilization process
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§682. Qualifications for license; sterilization process A. The department shall issue the license required in R.S. 40:681 to any applicant upon receipt of such evidence as it requires to show that the applicant is properly equipped and maintains and uses the method provided for i…
La. Rev. Stat. § 40:683 Duration of license
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§683. Duration of license The license provided for in R.S. 40:681 extends for one year from the date of its issuance unless sooner revoked as herein provided. It shall be renewed annually thereafter upon the same terms and conditions as prescribed in R.S. 40:682. A license fee of…
La. Rev. Stat. § 40:684 Issuance of certificate by licensee; revocation of license for wrongful issuance
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§684. Issuance of certificate by licensee; revocation of license for wrongful issuance Each licensee shall issue a certificate with each shipment of containers to a purchaser or transferee, stating that the licensee has cleansed, sterilized, and freed the containers from rust and…
La. Rev. Stat. § 40:685 Sterilization certificate as license for use of containers
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§685. Sterilization certificate as license for use of containers If the purchaser or transferee of containers covered by this Part shows a certificate of sterilization signed by a duly qualified licensee, he is duly licensed under the provisions of this Part. No purchaser or tran…
La. Rev. Stat. § 40:686 Sale or transfer to licensee to cleanse or sterilize
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§686. Sale or transfer to licensee to cleanse or sterilize Nothing contained in this Part prohibits the sale or transfer for use of containers covered hereby which have not been so cleansed and sterilized to a purchaser or transferee who is duly licensed under the provisions of t…