Interesting Louisiana Food Laws

[N.O.Food]

I was doing some research for the post about imported seafood and came across these Louisiana laws regarding food:

Cochon de Lait

Notwithstanding any provisions of the state sanitary code or of any other law or regulation to the contrary, it shall be lawful to prepare cochon de lait in the traditional manner for public consumption. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

Jambalaya

Notwithstanding any contrary provisions of the state sanitary code or any contrary provision of any other law or regulation, it shall be lawful to prepare jambalaya in the traditional manner for public consumption, including the use of iron pots, wood fires, and preparation in the open for service to the public at public gatherings. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

Crabs

Notwithstanding any contrary provisions of the state sanitary code or any contrary provision of any other law or regulation, it shall be lawful to prepare hard and soft shell crabs in the traditional manner for public consumption at recognized outdoor Louisiana festivals, including preparation in the open for service to the public at such public gatherings. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

Italian Food

Notwithstanding any contrary provisions of the state sanitary code or any contrary provision of any other law or regulation, it shall be lawful to prepare Italian food in the traditional manner for public consumption at recognized outdoor Louisiana festivals, including preparation and display in the open for service to the public at such public gatherings. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

Jams & Jellies

No provision of the state sanitary code or any provision of any other law or regulation that requires any equipment, design, construction, utensils, supplies, preparation, or services shall apply to the preparation of jellies, preserves, jams, honey, and honeycomb products in the home for sale. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

Don't steal Alligators

A. Theft of an alligator is the misappropriation or taking of an alligator, an alligator's skin, or a part of an alligator, whether dead or alive, belonging to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of the alligator, the alligator's skin, or a part of an alligator is essential.

B. (1) Whoever commits the crime of theft of an alligator when the misappropriation or taking amounts to a value of five hundred dollars or more shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.

(2) When the misappropriation or taking amounts to a value of three hundred dollars or more, but less than a value of five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than two years or may be fined not more than two thousand dollars, or both.

(3) When the misappropriation or taking amounts to less than a value of three hundred dollars, the offender shall be imprisoned for not more than six months or may be fined not more than five hundred dollars, or both. If the offender in such cases has been convicted of theft of an alligator two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years or may be fined not more than one thousand dollars, or both.

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Cochon
930 Tchoupitoulas St., New Orleans, LA 70130

[pitu]

Delighted to read a law that says the law does not apply to traditional methods of cooking.
Where I live, this plays out all the time in the making of fresh mozzarella -- the only way to have it perfect is to leave it at room temperature, not refridgerated. The Board of Health disagrees.

[Hungry Celeste]

You missed a few good ones--like the statute making theft of crawfish a specific crime, and the recent (as of last year) law re-classifying beavers as a nuisance species (this allows crawfish & rice farmers to kill them if they're a threat to crops).

[hazelhurst]

The crawfish statue is a classic, especially the recidivist portion. the legislative intent was to cover theft from crawfish ponds but it could easily be applied to making of witha few packs of tails. All the foregoing laws are old favorites of mine

[Hungry Celeste]

I never understood the need for a statute specifically covering alligators or crawfish: we have theft statutes that cover, um, all forms of property....I guess it gives legislators from particular districts something tangible to show to their constituents. I wish they'd quit meeting every year--isn't every-other-year enough?

[hazelhurst]

It particularizes the crime to distinguishit for "ordinary theft" and provides specific penalties. prior to eneactment, a person convited of stealing over $500 of crawfish could get a light sentence. Now, $500 or more can get you ten years at hard labor and $3K fine (also the penalty for recidivism) LA 14:67.5 (N.O. Food was looking in Title 40 which isPublic Health)

[Hungry Celeste]

Why is the theft of $500 in crawfish deserving of a higher penalty than $500 in retail merchandise? Or, say, a generator from a job site? Or cash from a register drawer? I'm no fan of the Leg's continuous attempts to complicate the criminal code....the average thief isn't pondering potential sentences when he/she decides to shoplift or steal crawfish or boost electronics from the neighbor's unlocked car. This sort of thing has no measurable deterrent effect--it's just legislative pandering to particular constituencies....

[Bill Hunt]

HC,

Getting way off the topic of food, but why would murder have a much lower penalty, than if one could prove a "hate crime?" We would be talking about 10 years with probably 5 served for the first, and 20 years, with 10 served for the latter.

If a legislator is from an alligator, or crawfish area, they want to prove to their constituents that they have their best interests at heart.

As is said elsewhere, "it all depends on whose ox gets gored."

Hunt

[N.O.Food]

Yeah. I knew there were more out there, but I forgot all about the crawfish one.

[Bill Hunt]

Dang, I will miss my beaver etoufee! Should have known that there was a department in Washington, DC, that would regulate one of my favorite dishes.

Bogus!!!

Hunt