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

Universal Citation: LA Admin Code I-709

Current through Register Vol. 50, No. 3, March 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

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:578.15, R.S. 56:23, and 56:301.4.

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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