RS 3:4233 Violations, penalties, injunctive relief - Louisiana Statutes

§4233.  Violations, penalties, injunctive relief

A.  The following actions are prohibited:

(1)  The slaughter of animals required to be slaughtered under inspection when an inspector is not present.

(2)  The processing of meat or meat products required to be processed under inspection when an inspector is not present.

(3)  The sale, offering for sale, distribution, storage, or transportation of any livestock, poultry, carcasses, parts of carcasses, meat, or meat products which are subject to the provisions of this Chapter and which:

(a)  Have not been inspected as required by this Chapter.

(b)  Are unwholesome, adulterated, or otherwise unfit for human consumption.

(c)  Are misbranded.

(d)  Are mislabeled.

(4)  The removal of any condemned livestock, poultry, carcasses, parts of carcasses, meat, or meat products from any place of detention without the prior authorization of the commissioner.

(5)  The failure to maintain the required registration.

(6)  The making of false or misleading statements concerning eligibility for exemptions from the requirements of this Chapter.

(7)  The failure to comply with the sanitary requirements provided by this Chapter or the rules and regulations adopted under this Chapter.

(8)  The failure to properly destroy any condemned livestock, poultry, carcasses, parts of carcasses, meat, or meat products.

(9)  The use of any label which has not been previously approved by the commissioner.

(10)  The unauthorized use of any official device, brand, mark, or certificate.

(11)  The failure to maintain and provide to the commissioner, upon request, any required reports, accounts, books, or records.

(12)  Any assault, resistance, opposition, impedance, intimidation, or interference with the commissioner, or his representatives, in the performance of his duties under this Chapter.

(13)  The evasion of payment of any civil penalty legally imposed by the commissioner.

(14)  The failure to comply with the provisions of this Chapter or of the rules and regulations adopted under the provisions of this Chapter.

B.  The commissioner may assess a civil penalty of not more than five thousand dollars for each violation of any of the prohibitions in Subsection A of this Section.  Each day on which a violation occurs shall be considered a separate offense.

C.  The commissioner may suspend or revoke any registration issued under the authority of this Chapter, or impose probation on any person who holds a registration, for any violation of any of the prohibitions in Subsection A of this Section.

D.  Civil penalties may be assessed, registrations may be suspended or revoked, and probation may be imposed, only by a ruling of the commissioner based on an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act.

E.  The commissioner may institute civil proceedings to enforce his rulings in the district court for the parish in which the violation occurred.

F.  The commissioner may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of this Chapter or of the rules and regulations adopted under the provisions of this Chapter in the district court for the parish in which the violation occurred.

Added by Acts 1982, No. 750, §1, eff.  Aug.  2, 1982; Acts 1985, No. 73, §1.