Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:738 Soda water/soft drink exemption
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§738. Soda water/soft drink exemption Bottled soft drinks, soda, or seltzer products commonly recognized as soft drinks and identified on the product identity panel with a common or usual name other than one of those specified in R.S. 40:732 are exempt from the requirements of th…
La. Rev. Stat. § 40:739 Waiver of filtration and germicidal treatment
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§739. Waiver of filtration and germicidal treatment A. A bottled water product may be granted a waiver from filtration and germicidal treatment by the department. A waiver shall be based on the bottler's demonstration to the department's satisfaction that, based on review of long…
La. Rev. Stat. § 40:74 Report of annulments of adoption
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§74. Report of annulments of adoption The clerk of court shall prepare, within ten days after the decree becomes final, from the court records, a certificate of every decree of annulment of adoption on forms furnished by the state registrar. On or before the fifteenth day of each…
La. Rev. Stat. § 40:740 Appendices; maximum contaminant levels
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§740. Appendices; maximum contaminant levels A. Appendix A. The following provisions are the maximum contaminant levels for the following compounds: Compound Maximum Contaminant = ppb Level (mg/L) (1) VOLATILE ORGANIC COMPOUNDS Trichloroethylene 0.005 5 Carbon tetrachloride 0.005…
La. Rev. Stat. § 40:741 Rules and enforcement; criminal penalties
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§741. Rules and enforcement; criminal penalties A. The department may adopt rules to implement the provisions of this Part. All rules shall be adopted in accordance with the Administrative Procedure Act. B. The department may deny, suspend, or revoke a permit when the department …
La. Rev. Stat. § 40:75 Adult adoption; name changes
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§75. Adult adoption; name changes A. Adult adoptions and name changes resulting from the adoptions pursuant to R.S. 9:465 shall have no effect on birth certificates maintained by the vital records registry, except that when a name change is effected pursuant to R.S. 9:465 and an …
La. Rev. Stat. § 40:751 Enforcement of Part
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§751. Enforcement of Part The Louisiana Department of Health, hereinafter referred to in this Part as the "department," shall enforce this Part through the secretary of the department or its officers or agents. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:752 Vitamin content
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§752. Vitamin content No manufacturer, processor, or dealer in oleomargarine in the state shall sell or offer for sale any oleomargarine within this state which does not contain at least nine thousand United States Pharmacopeia Units of vitamin A per pound.
La. Rev. Stat. § 40:753 Conformity to rulings of federal security agency
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§753. Conformity to rulings of federal security agency The department shall change or add to the specifications for ingredients and the amounts thereof so as to conform to any changes in the ruling of the Federal Security Agency concerning the addition of vitamins to oleomargarin…
La. Rev. Stat. § 40:754 Right of entry upon premises of manufacturer, processor, or dealer
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§754. Right of entry upon premises of manufacturer, processor, or dealer The department, through its agents, shall enter upon the premises of any manufacturer, processor, or refiner of oleomargarine, or upon the premises of any person engaged as a retail or wholesale dealer in ol…
La. Rev. Stat. § 40:755 Shortage of vitamin; procedure for waiver
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§755. Shortage of vitamin; procedure for waiver Whenever any person subject to the provisions of this Part submits to the secretary of the department an affidavit claiming a shortage or imminence of shortage of any vitamin added to or to be added to oleomargarine as required by t…
La. Rev. Stat. § 40:756 Labeling
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§756. Labeling All oleomargarine sold in the state shall be labeled in accordance with Part I of this Chapter and with the regulations of the Federal Security Agency governing the labeling of oleomargarine with added vitamin A sold in interstate commerce.
La. Rev. Stat. § 40:757 Penalty
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§757. Penalty Whoever violates any provision of this Part shall be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both.
La. Rev. Stat. § 40:76 Record of foreign adoptions
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§76. Record of foreign adoptions A. When a person born in Louisiana is adopted in a court of proper jurisdiction in any other state or territory of the United States, the state registrar may create a new record of birth in the archives upon presentation of a properly certified co…
La. Rev. Stat. § 40:77 Certified copy for adoptive parents; issuance of original birth certificate
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§77. Certified copy for adoptive parents; issuance of original birth certificate A. Upon completion of the new record as provided for in R.S. 40:76 with respect to an adopted person who was born in Louisiana and adopted in another state, the state registrar shall issue to the ado…
La. Rev. Stat. § 40:78 Retroactive operation
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§78. Retroactive operation The provisions of this Part relative to controlled access to sealed adoption records and R.S. 9:437 shall all apply to adoption decrees rendered at any time, prior to, as well as after, the effective date of this Chapter. Acts 1979, No. 776, §1; Acts 19…
La. Rev. Stat. § 40:781 Definitions
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§781. Definitions As used in this Part, unless the context clearly indicates otherwise, the following terms shall have the meanings ascribed to them in this Section: (1) "Appropriate federal agency" means the Federal Security Agency or any agency or department or administrative f…
La. Rev. Stat. § 40:782 Rules and regulations
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§782. Rules and regulations The department shall make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this Subpart, including, but without being limited to, such orders, rules, and regulations as it is specifically authorized and …
La. Rev. Stat. § 40:783 Publication of rules, orders, notices; effective date
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§783. Publication of rules, orders, notices; effective date A. Whenever publication of any notice, order, rule, or regulation is required under this Subpart, it shall be made at least three times in ten days in newspapers of general circulation in three different sections of the …
La. Rev. Stat. § 40:784 Exemptions from Subpart
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§784. Exemptions from Subpart This Subpart does not apply to: (1) Flour sold to bakers or other commercial secondary processors, if, prior to or simultaneously with delivery, the purchaser furnishes to the sellers a certificate of intent, on a form prescribed by the secretary, ce…
La. Rev. Stat. § 40:785 Vitamin content and other ingredients in flour
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§785. Vitamin content and other ingredients in flour A. No person shall manufacture, mix, compound, sell, or offer for sale for human consumption in this state any flour unless the following vitamins and other ingredients are contained in each pound thereof: Not less than 1.66 mi…
La. Rev. Stat. § 40:786 Enrichment of flour; methods
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§786. Enrichment of flour; methods The enrichment of flour shall be accomplished by a milling process, addition of vitamins from natural or synthetic sources, addition of minerals, or by a combination of these methods or by any method which is permitted by the Federal Security Ag…
La. Rev. Stat. § 40:787 Vitamin content and other ingredients in bread
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§787. Vitamin content and other ingredients in bread A. No one shall manufacture, bake, sell, offer for sale, or receive in interstate shipment for sale for human consumption in this state any bread unless the following vitamins and other ingredients are contained in each pound t…
La. Rev. Stat. § 40:788 Enrichment of bread; methods
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§788. Enrichment of bread; methods The enrichment of bread may be accomplished through the use of enriched flour, enriched yeast, other enriched ingredients, synthetic vitamins, harmless iron salts, or by any combination of harmless methods which will produce enriched bread which…
La. Rev. Stat. § 40:789 Labeling
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§789. Labeling No one shall sell or offer for sale in this state any enriched flour or enriched bread which is not labeled in accordance with Part I of this Chapter and regulations thereunder and with the Federal Food, Drug, and Cosmetic Act, and the regulations thereunder govern…
La. Rev. Stat. § 40:79 Record of adoption decree
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§79. Record of adoption decree A.(1) Whenever a final decree of adoption shall be entered, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, his certificate of the decree to the state registrar who shall make a new certificate…
La. Rev. Stat. § 40:790 Inspection and analyses
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§790. Inspection and analyses The secretary of the department may collect samples for analysis and conduct examinations and investigations for the purposes of this Subpart through any officers or employees under his supervision. All such officers and employees may enter any facto…
La. Rev. Stat. § 40:791 Shortage of ingredients; procedure for suspending Subpart
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§791. Shortage of ingredients; procedure for suspending Subpart A. Upon making a finding that there is an existing or imminent shortage of any ingredient required by R.S. 40:785 and R.S. 40:787, with the result that the sale and distribution of flour and bread may be substantiall…
La. Rev. Stat. § 40:792 Penalty
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§792. Penalty Whoever violates any of the provisions of this Subpart, or the orders, rules, or regulations promulgated by the department under authority hereof, shall be fined, for each offense, not more than one hundred dollars or imprisoned for not more than thirty days, or bot…
La. Rev. Stat. § 40:8 Investigations; entry on and inspection of premises; order to compel attendance of witnesses or production of documents
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§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 s…
La. Rev. Stat. § 40:821 Manufacturers and dealers; fees; disposition of fees
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§821. Manufacturers and dealers; fees; disposition of fees A. Whoever manufactures for sale within this state or sells or offers or exposes for sale or exchange any flour or compound intended for use as a flour, under any name whatsoever, shall first register with the Louisiana D…
La. Rev. Stat. § 40:822 Rules and regulations; standards; inspectors
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§822. Rules and regulations; standards; inspectors A. The department may adopt such rules, regulations, definitions, and standards as are necessary for the efficient enforcement of this Subpart. B. It may also designate officers or inspectors to make inspections, examinations, an…
La. Rev. Stat. § 40:823 Seizure and condemnation of unregistered products
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§823. Seizure and condemnation of unregistered products Any product which has not been registered with the department as required by this Subpart is liable to seizure and condemnation by the department. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:824 Penalty
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§824. Penalty Whoever violates any of the provisions of this Subpart shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:851 Contents of self-rising flour
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§851. Contents of self-rising flour Self-rising flour is a combination of flour, salt, and chemical leavening ingredients. The flour shall be of the grade of "straight" or better and the chemical leavening ingredients shall be bicarbonate of soda and either calcium acid, phosphat…
La. Rev. Stat. § 40:852 Contents of label; required ingredients
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§852. Contents of label; required ingredients Whoever manufactures for sale within this state, or whoever sells, or offers or exposes for sale or exchange any self-rising flour or compound intended for use as a self-rising flour, under any name whatsoever, shall securely affix or…
La. Rev. Stat. § 40:853 Penalty
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§853. Penalty Whoever violates any provision of this Subpart shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:881 Labeling of milk products; prohibition; definition; enforcement
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§881. Labeling of milk products; prohibition; definition; enforcement A. The Louisiana Department of Health shall enforce the United States Food and Drug Administration's standard of identity for milk, as set forth in 21 CFR 131.110, the Pasteurized Milk Ordinance, and the provis…
La. Rev. Stat. § 40:882 RS 40:882
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§882 to 895. R.S. 40:882 through 895 were redesignated as R.S. 3:4002 through 4015 pursuant to Acts 1985, No. 74, §1.
La. Rev. Stat. § 40:9 Arrests for violations
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§9. Arrests for violations A. Any inspector, officer, or employee of the state health officer may arrest, without warrant, all persons violating any rule or regulation of the state health officer or any article or provision of the sanitary code, when the violation occurs within h…
La. Rev. Stat. § 40:9.1 Repealed by Acts 1987, No
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§9.1. Repealed by Acts 1987, No. 927, §1.
La. Rev. Stat. § 40:91 Title
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§91. Title This Part may be known and referred to as the "Missing Angels Act". Acts 2003, No. 591, §1.
La. Rev. Stat. § 40:92 Certificate of stillbirth; requirements
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§92. Certificate of stillbirth; requirements A.(1) In addition to the requirements in R.S. 40:47 and 49, the state registrar shall establish a certificate of stillbirth on a form approved by the state registrar for each spontaneous fetal death which occurs in this state after twe…
La. Rev. Stat. § 40:921 Grade A requirements; powdered whole milk and powdered skim milk
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§921. Grade A requirements; powdered whole milk and powdered skim milk labeling requirements A. All fluid milk, cream, buttermilk, and milk beverages sold, offered for sale, or delivered for the purpose of human consumption as such, shall be Grade A according to specifications in…
La. Rev. Stat. § 40:922 Rules and regulations prescribing sanitary standard requirements and grade labeling requirements
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§922. Rules and regulations prescribing sanitary standard requirements and grade labeling requirements A. The department is hereby empowered and shall hereby have the authority to promulgate rules and regulations prescribing the sanitary standard requirements of all milk sold or …
La. Rev. Stat. § 40:923 Imported milk and milk products
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§923. Imported milk and milk products All milk and milk products shipped into this state from another state shall meet the sanitary standards and requirements according to the grade required of the product in which it is used as provided in the rules and regulations promulgated b…
La. Rev. Stat. § 40:924 Revocation or cancellation of permit or license
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§924. Revocation or cancellation of permit or license The department shall have the power and authority to revoke or cancel the permit, or license, of any person, firm, or corporation doing business in the state who violates any of the provisions of this Subpart. Acts 1954, No. 9…
La. Rev. Stat. § 40:925 Municipalities and parishes; standards; powers
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§925. Municipalities and parishes; standards; powers All municipalities, within their corporate limits, and parishes, outside such limits, shall have the power and authority by ordinance or otherwise to set up standards concerning all milk and milk products sold within their resp…
La. Rev. Stat. § 40:926 §§926 to 929 Repealed by Acts 1954, No
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§926. §§926 to 929 Repealed by Acts 1954, No. 93, §1
La. Rev. Stat. § 40:93 Gestational carrier data collection; purpose
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§93. Gestational carrier data collection; purpose The purpose of this Part shall be the compilation of relevant maternal life and health factors and data concerning gestational carriers to the extent that it is authorized by law. Acts 2016, No. 494, §4.