Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:1279.1 Repealed by Acts 2022, No
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§1279.1. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:1281.1 Definitions
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§1281.1. Definitions As used in this Subpart, the following terms have the meaning ascribed in this Section: (1) "Certificate" means a certificate of competency issued by the state health officer stating that the operator has met the requirements for the specified operator classi…
La. Rev. Stat. § 40:1281.10 Penalties
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§1281.10. Penalties Whoever violates any provision of this Subpart shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of one hundred dollars or by imprisonment in the parish jail for not more than ten days, or by both fine and imprisonment, and eac…
La. Rev. Stat. § 40:1281.11 Exemptions, exceptions, and exclusions
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§1281.11. Exemptions, exceptions, and exclusions The secretary shall provide by rule promulgated in accordance with the provisions of the Administrative Procedure Act for exemptions from the application of this Subpart relative to the certification of water supply and sewerage sy…
La. Rev. Stat. § 40:1281.12 Community water systems; complaint records; review of records by state health
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§1281.12. Community water systems; complaint records; review of records by state health officer A.(1) Each community water system shall maintain a record of each complaint it receives by telephone, letter, or electronic mail from customers or users. The record of each complaint s…
La. Rev. Stat. § 40:1281.2 Committee of certification; appointment; terms; powers; duties; annual report;
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§1281.2. Committee of certification; appointment; terms; powers; duties; annual report; compensation A. The state health officer shall appoint a committee of certification to advise and assist him in the administration of the certification program. The committee is charged with t…
La. Rev. Stat. § 40:1281.21 Secretary; powers; sewage discharges; certain waters
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§1281.21. Secretary; powers; sewage discharges; certain waters A. The secretary shall establish such standards, guidelines, or criteria as he deems necessary or appropriate to prohibit, control, or abate the discharge of untreated or improperly treated sewage into Lake Pontchartr…
La. Rev. Stat. § 40:1281.22 Sewage discharges; prohibitions; penalties
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§1281.22. Sewage discharges; prohibitions; penalties A. No person shall cause or allow to be discharged untreated or improperly treated sewage into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage basins, and into all estuaries, streams, and water co…
La. Rev. Stat. § 40:1281.23 Sewage treatment systems; effluent limiters or reducers; disinfectants
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§1281.23. Sewage treatment systems; effluent limiters or reducers; disinfectants A. All new and reconditioned sewage treatment systems with a capacity up to and including one thousand five hundred gallons per day that produce an effluent and, by design, do not significantly limit…
La. Rev. Stat. § 40:1281.24 Approval of individual sewage treatment and disposal systems
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§1281.24. Approval of individual sewage treatment and disposal systems No parish, municipality, or planning commission shall enact a sewerage permit ordinance or similar regulation authorizing the installation of individual sewage treatment and disposal systems without written ap…
La. Rev. Stat. § 40:1281.25 Installation and maintenance of individual aerobic sewage treatment systems by
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§1281.25. Installation and maintenance of individual aerobic sewage treatment systems by homeowners; waiver of fees A. A homeowner who wishes to perform the installation of an individual aerobic sewage treatment system in his own home himself may do so only after satisfying any i…
La. Rev. Stat. § 40:1281.26 Individual sewerage systems; temporary waiver; enforcement
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§1281.26. Individual sewerage systems; temporary waiver; enforcement A. The Louisiana Department of Health, office of public health, shall temporarily waive applicable requirements of LAC 51:XIII.101 et seq. regarding individual sewerage systems pending the construction of a comm…
La. Rev. Stat. § 40:1281.3 Classification of water and sewerage facilities
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§1281.3. Classification of water and sewerage facilities Within one hundred twenty days of adoption of this Subpart*, the state health officer will classify all water production facilities, water treatment plants, water distribution systems, sewage collection systems, and sewage …
La. Rev. Stat. § 40:1281.4 Responsibility for operator certification
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§1281.4. Responsibility for operator certification The state health officer shall upon recommendations of the committee certify persons as to their qualifications to supervise successfully the operation of such water supply and sewerage systems. Acts 1972, No. 538, §4; Redesignat…
La. Rev. Stat. § 40:1281.5 Operator certificates; display; renewal; revocation; termination
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§1281.5. Operator certificates; display; renewal; revocation; termination A. The state health officer shall issue certificates attesting to the competency of operators based on the recommendations of the committee of certification. The certificate shall indicate the classificatio…
La. Rev. Stat. § 40:1281.6 Qualification by reciprocity
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§1281.6. Qualification by reciprocity The state health officer, upon application therefor and recommendation of the committee may issue a certificate, without examination, in a comparable classification to any person who holds a certificate in any state, territory or possession o…
La. Rev. Stat. § 40:1281.7 Certification of present practitioners; temporary certification
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§1281.7. Certification of present practitioners; temporary certification A. Certificates in appropriate classification will be issued to operators, who on the effective date of this Subpart, hold certificates of competency attained by examination under the voluntary certification…
La. Rev. Stat. § 40:1281.8 Rulemaking authority
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§1281.8. Rulemaking authority The secretary of the Louisiana Department of Health, in accordance with any other appropriate state law, shall make such rules and regulations as are necessary to carry out the intent of this Subpart. The rules and regulations shall include, but not …
La. Rev. Stat. § 40:1281.9 Certified operator required; exceptions
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§1281.9. Certified operator required; exceptions A. On or after one year following the effective date of this Subpart, it shall be unlawful for any person, firm, or corporation, both municipal and private, operating a water supply system or sewerage system to operate same unless …
La. Rev. Stat. § 40:1283.1 Purpose
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§1283.1. Purpose A. It is the intent of the legislature to establish an Environmental Health Surveillance System (EHSS) in accordance with this Part. The purpose of the EHSS shall be to establish ongoing surveillance of the environmental factors, including physical, chemical, bio…
La. Rev. Stat. § 40:1283.2 Repealed by Acts 2022, No
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§1283.2. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:1285.1 Establishment of lead poisoning prevention program
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§1285.1. Establishment of lead poisoning prevention program The Louisiana Department of Health shall establish a program for the prevention, screening, diagnosis, and treatment of lead poisoning in its office of public health. This program shall, to the extent permitted by approp…
La. Rev. Stat. § 40:1285.10 Liability of owners of residential property; damages
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§1285.10. Liability of owners of residential property; damages The owner of any residential property shall be liable for all damages caused by his failure to perform the duties required of him pursuant to R.S. 40:1285.6 or R.S. 40:1285.7. Added by Acts 1972, No. 371, §1; Redesign…
La. Rev. Stat. § 40:1285.2 Collaboration with other organizations
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§1285.2. Collaboration with other organizations The state health officer or his designee may contract with a public agency or a university or collaborate with any agencies, individuals, or groups for the provision of necessary services, the development of educational programs, sc…
La. Rev. Stat. § 40:1285.3 Mandatory reporting of lead poisoning cases required; comprehensive records
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§1285.3. Mandatory reporting of lead poisoning cases required; comprehensive records A. Any local health officer, health unit supervisor, examining physician, hospital, public health nurse, or reporting person shall report to the state health officer or his designee the existence…
La. Rev. Stat. § 40:1285.4 Program for detection of lead poisoning sources; voluntary and compulsory
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§1285.4. Program for detection of lead poisoning sources; voluntary and compulsory inspections; posting dangerous areas; mandatory physical examinations A.(1) The state health officer or his designee shall establish a comprehensive program for detection of sources of lead poisoni…
La. Rev. Stat. § 40:1285.5 Designation of high-risk areas
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§1285.5. Designation of high-risk areas The Louisiana Department of Health, after consultation with representatives from the state's medical schools and analysis of childhood blood lead surveillance, housing, and Medicaid data, shall identify geographic areas in the state and est…
La. Rev. Stat. § 40:1285.6 Sale and use of lead-based paint and other similar lead-based surface coating
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§1285.6. Sale and use of lead-based paint and other similar lead-based surface coating material restricted; penalties A. No person shall knowingly sell, offer for sale, apply or cause to be applied lead-based paint or similar surface coating material, manufactured after the effec…
La. Rev. Stat. § 40:1285.7 Safety precautions; procedures for removal and repainting
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§1285.7. Safety precautions; procedures for removal and repainting A. Whenever a child or children under six years of age or person with an intellectual disability resides in any residential premises in which any paint, plaster, or other accessible materials contain dangerous lev…
La. Rev. Stat. § 40:1285.8 Lead-free pipe, fitting, fixture, solder, or flux; exclusions; definitions
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§1285.8. Lead-free pipe, fitting, fixture, solder, or flux; exclusions; definitions A.(1) No person shall use any pipe, pipe or plumbing fitting or fixture, solder, or flux that is not lead free in the installation or repair of any public water system or any plumbing in a facilit…
La. Rev. Stat. § 40:1285.9 Violations; enforcement
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§1285.9. Violations; enforcement A. Any violation of R.S. 40:1285.6, 1285.7, or 1285.8 may be treated by any party as a violation of the state, municipal, or parochial health codes and all procedures and remedies applicable to such violations of the codes shall be available to co…
La. Rev. Stat. § 40:1287.1 Equipment of steam plants in certain cities; penalty
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§1287.1. Equipment of steam plants in certain cities; penalty A. The owner, manager, director, or agent of all steam plants located within incorporated cities of fifty thousand or more inhabitants shall provide, for the use of the steam plant, smoke consumers or other necessary a…
La. Rev. Stat. § 40:1289.1 Legislative findings; declaration
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§1289.1. Legislative findings; declaration A. The legislature hereby finds the following: (1) Certain forms of mold pose a severe and unacceptable risk to the environment of Louisiana and the health of its people. Moreover, the legislature finds that indoor toxins, specifically t…
La. Rev. Stat. § 40:1289.11 Submission of emergency plan and reporting of toxic substances; penalties
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§1289.11. Submission of emergency plan and reporting of toxic substances; penalties A.(1) Each plant or industrial facility located within the state of Louisiana wherein any toxic substance is regularly manufactured, stored, or maintained in quantities capable of escaping the bou…
La. Rev. Stat. § 40:1289.2 Definition
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§1289.2. Definition For purposes of this Subpart, the term "mold" means any form of multicellular fungi that live on plant or animal matter and in indoor environments. Types of mold include but are not limited to cladosporium, alternaria, aspergillus, trichoderma, memnoniella, mu…
La. Rev. Stat. § 40:1289.3 Toxic Mold Task Force; creation; composition; meetings
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§1289.3. Toxic Mold Task Force; creation; composition; meetings A. The legislature hereby creates within the Louisiana Department of Health the Louisiana Toxic Mold Task Force, referred to hereafter in this Subpart as the "task force", which shall be composed of the following mem…
La. Rev. Stat. § 40:1289.4 Functions and duties of the task force; report to the governor and legislature
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§1289.4. Functions and duties of the task force; report to the governor and legislature A. The functions of the task force shall include all of the following: (1) Serve as an advisory body to the legislature on policies and practices that protect all people of this state, particu…
La. Rev. Stat. § 40:1289.5 Termination
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§1289.5. Termination The provisions of this Subpart shall terminate on January 1, 2024. Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.415 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.
La. Rev. Stat. § 40:1290.1 Repealed by Acts 2022, No
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§1290.1. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:1290.2 Repealed by Acts 2022, No
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§1290.2. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:1290.3 Repealed by Acts 2022, No
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§1290.3. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:1290.4 Repealed by Acts 2022, No
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§1290.4. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:1291.1 Short title
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§1291.1. Short title This Part shall be known and may be cited as the "Louisiana Smokefree Air Act." Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Redesignated from R.S. 40:1300.251 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1291.11 General smoking prohibitions; exemptions
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§1291.11. General smoking prohibitions; exemptions A. Except as permitted by Subsection B of this Section, no person shall: (1) Smoke in any public building. (2) Smoke in any school. (3) Smoke in any public place and in any enclosed area within a place of employment. (4) Smoke in…
La. Rev. Stat. § 40:1291.2 Purpose
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§1291.2. Purpose The legislature finds and determines that it is in the best interest of the people of this state to protect nonsmokers from involuntary exposure to secondhand smoke. The legislature further finds and determines that a balance should be struck between the health c…
La. Rev. Stat. § 40:1291.21 Notice of prohibition of smoking
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§1291.21. Notice of prohibition of smoking A. "No smoking" signs or the international "No smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it shall be clearly and conspicuously posted by the owner, oper…
La. Rev. Stat. § 40:1291.22 Enforcement; penalties
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§1291.22. Enforcement; penalties A.(1) Any violation of any prohibition in R.S. 40:1291.11(A) may be cited by any law enforcement officer by the issuance of a citation and summons to appear before a court of proper jurisdiction. (2) Such citations shall be in a form such that the…
La. Rev. Stat. § 40:1291.23 Development of smoke-free policies
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§1291.23. Development of smoke-free policies A.(1) Public postsecondary education institutions shall develop smoke-free policies for its campuses. (2) For the purposes of this Section, "smoke-free" means the prohibition of smoking as defined in R.S. 40:1291.3(14). B.(1) Nothing i…
La. Rev. Stat. § 40:1291.24 Smoking prohibited near school property; exceptions; penalty
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§1291.24. Smoking prohibited near school property; exceptions; penalty A. Smoking, as defined in this Part, shall not be permitted, and no person shall smoke within two hundred feet of the entrances, exits, or outdoor areas of any public or private elementary or secondary school.…
La. Rev. Stat. § 40:1291.3 Definitions
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§1291.3. Definitions For the purposes of this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) "Bar" means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alc…