A batch of wild caught Gulf of Mexico shrimp sits on a sorting table on shrimper Keo Nguyen’s boat at a dock east of Lake Borgne prior to bringing it to a seafood market Tuesday, Oct. 24, 2023. (Wes Muller/Louisiana Illuminator)
A new law requiring restaurants in Louisiana to tell their customers the specific country of origin of any seafood being served is causing some confusion among state officials and industry leaders.
Act 148 of the 2024 regular legislative session brought sweeping changes to laws affecting restaurants and other food establishments in an effort to protect Louisiana’s struggling domestic seafood industry. However, the new law, which took effect Jan. 1, could undergo some clarification revisions when lawmakers reconvene this spring. At issue are several provisions concerning menu and labeling requirements.
One provision in the new law requires any food service establishment that serves foreign crawfish or shrimp to print a disclaimer on its menu: “Some items served at this establishment may contain imported crawfish or shrimp. Ask for more information.”
If the establishment does not use a menu, it must print the disclaimer on a sign at the entrance of the establishment. The provision is not much different than a previous law enacted in 2019.
Dave Williams, owner of a company that has been using new genetic testing to expose restaurants and food vendors along the Gulf Coast for fraudulently selling foreign shrimp as domestic, said the disclaimer shouldn’t contain the word “may” because it doesn’t really tell the customer anything.
Williams testified at the Legislature’s Seafood Safety Task Force meeting Wednesday, telling the panel’s members how his genetic testing works. He said his company, SeaD Consulting, has so far tested shrimp from about 250 restaurants across multiple states. Recent testing in Baton Rouge area restaurants showed about a 30% fraudulent rate, which Williams said is much better than other areas.
Many restaurants continue to use vague menu descriptions that do not indicate whether their seafood is foreign or domestic.
Louisiana Commissioner of Agriculture Mike Strain, a task force member, suggested the new law only requires such an indication on foreign shrimp, crawfish or catfish. If it doesn’t state that it is imported, then it’s assumed to be domestic, Strain said.
However, another provision in the law appears to require restaurants to disclose a country of origin even if the shrimp or crawfish they’re serving is domestic. It requires establishments to indicate in “all representations, notices and declarations” whether their shrimp or crawfish is “either domestic or imported.”
A third provision goes even further and requires restaurants to cite specifically the country of origin on all seafood dishes — not just shrimp and crawfish: “For any seafood that is sold unpackaged, a food establishment shall clearly display the country of origin in a manner that is easily visible to the consumer.”
In a brief interview after Wednesday’s meeting, one of the bill’s authors, Sen. Mike Fesi of Houma, said the intention of the bill was to make things clear for the customer by requiring full disclosure from restaurants as to whether they are serving foreign or domestic seafood.
The Louisiana Department of Health, which is tasked with enforcing those provisions, did not respond to multiple requests for comment.
Williams and members of the shrimping industry believe the new law prohibits restaurants from using Louisiana-themed decor, such as boats and nets, if they are serving imported seafood. A provision on the first page of the legislation states, “No person shall market crawfish, shrimp, or any product thereof using any Louisiana-related imagery, phrases, colors, or styles if the products are not genuinely linked to Louisiana’s cultural heritage and produced within the state or landed within the state.” Federal regulations have similar prohibitions that apply to restaurants.
However, task force member Will DuBos, who represents the Louisiana Restaurant Association, disagreed with Williams’ interpretation and said he thinks that part of the law applies only to wholesale packaging.
“As a trade association, we wholeheartedly encourage every one of our members and every one who’s not a member to comply with existing laws,” DuBos said.
Reached by phone last week, the bill’s primary author, Sen. Pat Connick, R-Marrero, said he intends to revisit the law to clean up any confusing provisions once session begins in April.
Until then, Louisiana’s shrimpers are wondering if and when the state will begin enforcing laws that have been on the books for years. In 2023, state health inspectors recorded more than 2,600 violations of a seafood labeling law but did not issue a single fine to any of the violators.
“We’re losing our way of life,” shrimper Acy Cooper told the task force. “It’s not gonna last long if we don’t turn this around … 2,600 violations and not one fine … How far should this go? Does the state want us out?”
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