Louisiana Revised Statutes 40:5.5 – Sanitary inspections of certain food service establishments; food safety certificates
Terms Used In Louisiana Revised Statutes 40:5.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, a public or private corporation, an association, a partnership, a public body created by or pursuant to state law, the state of Louisiana, an agency or political subdivision of the state, a federally recognized Indian tribe, the United States government, a political subdivision of the United States government, and any officer, employee, and agent of one of those entities. See Louisiana Revised Statutes 40:5.8
- State health officer: means the legally appointed or acting state health officer as defined in Louisiana Revised Statutes 40:5.8
A. The Louisiana Department of Health shall charge only one sanitary inspection fee for the first two permits issued in accordance with the sanitary code for businesses that possess a valid local or state Class R permit and operate primarily as a restaurant. The fee provided for in this Subsection for the first two shall not exceed the fee assessed for the first permit according to administrative regulations in effect on September 3, 1989.
B. No person, other than a representative of the restaurant, shall be notified by the department of the time and place of the inspection prior thereto.
C. The state health officer and the office of public health of the Louisiana Department of Health shall require, at a minimum, the owner or a designated employee of a food service establishment to hold a food safety certificate; however, the state health officer and the office of public health of the Louisiana Department of Health shall not require more than one owner or employee per establishment to hold a food safety certificate. Provisions for the issuance and renewal of such certificate shall be made part of the state’s Sanitary Code in accordance with the provisions of La. Rev. Stat. 40:4 and the following requirements, conditions, and authorizations:
(1) The office of public health shall approve training programs for applicants which impart and test knowledge of the nature, prevention, and control of foodborne illness transmission and of methods for identifying and monitoring critical control points for safeguarding the production, processing, preparation, and serving of food. Such training programs shall include but not be limited to instructions in the standards set forth in the Applied Food Service Sanitation Program established by the Educational Foundation of the National Restaurant Association or other programs recognized in the food service industry. The office of public health shall approve training programs administered or approved by another state, a political subdivision, or other jurisdiction with standards that meet or exceed those established by this Subsection.
(2) A food safety certificate shall be issued to any person who files an application upon a form and in such a manner as prescribed by the Sanitary Code if such person furnishes satisfactory evidence that he has completed an approved training program or has passed a written examination provided by the individual or group providing approved training programs.
(3) A fee, not to exceed twenty-five dollars, may be imposed on and collected from an individual or a food service establishment for a food safety certificate to defer expenses in the administration of this Subsection.
(4) Renewal of the food safety certificate shall be required every five years.
(5) Display of a current, duly issued food safety certificate in the food service establishment shall be required.
(6) Any food service establishment whose food sales are less than one hundred twenty-five thousand dollars annually shall not be required to comply with this Subsection until July 1, 2002. However, any such establishment may apply for such certificate prior to such date.
D. No parish or municipality shall adopt or enforce any ordinance or regulation requiring a food service establishment or any of its employees to complete a food safety training program or test.
E.(1) For purposes of this Section, except as provided in Paragraph (2) of this Subsection, “food service establishment” means an establishment which prepares food for human consumption, either for individual service or for a group of people, whether consumption is on or off the premises and regardless of whether there is a charge for the food.
(2) The term “food service establishment” shall not include any of the following:
(a) A private home where food is prepared or served for individual family consumption.
(b) A private club where food is prepared and served exclusively for member consumption.
(c) Religious or charitable food sales.
(d) An establishment that heats or prepares boudin or sausage for personal consumption.
(e) A bar or lounge that serves beverages only.
(f) A temporary or seasonal establishment.
(g) A bed and breakfast operation.
(h) A nursing facility.
(i) A public, private, or parochial school.
F, G. Repealed by Acts 2022, No. 271, §7.
Acts 1989, No. 732, §1; Acts 1997, No. 1206, §1; Acts 1999, No. 647, §1, eff. July 1, 1999; Acts 2001, No. 506, §1; Acts 2003, No. 370, §1; Acts 2004, No. 608, §1; Acts 2022, No. 271, §§4, 7.