Department of Health, Office of Public Health Docket LAC 51:XXIII.305 Proposed Rule

la-202610-6540ac7f6f: Food Safety Certification

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Summary

Under the authority of R.S. 40:4 and 40:5 and in accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the surgeon general, acting through the Department of Health, Office of Public Health (LDH-OPH), intends to amend Chapter 3 (General Requirements) of Part XXIII (Retail Food Establishments) of Title 51. These amendments are being proposed to comply with the provisions of Act 231 of the 2026 Regular Legislature. The proposed Rule text below has been drafted utilizing plain language principles to ensure clarity and accessibility for all users. It ...

The agency’s own summary, as published.

The rule, in full

920 words as published, October 01, 2026. View the original →

Department of Health Office of Public Health Food Safety Certification (LAC 51:XXIII.305) Under the authority of R.S. 40:4 and 40:5 and in accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the surgeon general, acting through the Department of Health, Office of Public Health (LDH-OPH), intends to amend Chapter 3 (General Requirements) of Part XXIII (Retail Food Establishments) of Title 51. These amendments are being proposed to comply with the provisions of Act 231 of the 2026 Regular Legislature. The proposed Rule text below has been drafted utilizing plain language principles to ensure clarity and accessibility for all users. It has also been reviewed and tested for compliance with web accessibility standards. Title 51 PUBLIC HEALTH—SANITARY CODE Part XXIII. Retail Food Chapter 3.General Requirements §305.Food Safety Certification [formerly paragraph 23:002-2]

A. - A.1.g.…

h.elderly nutrition meal sites which do not prepare meals; i.child care facilities; and j.adult residential care providers. A.2. - E.... AUTHORITY NOTE:Promulgated in accordance with R.S. 40:4 and 40:5.5. HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:316 (February 2002), amended LR 28: 1409 (June 2002), LR 33:848 (May 2007), amended by the Department of Health, Office of Public Health, LR 53: Family Impact Statement In compliance with Act 1183 of the 1999 Regular Session of the Louisiana Legislature, the impact of this proposed Rule on the family has been considered. It is anticipated that this proposed Rule will have no impact on family functioning, stability and autonomy as described in R.S. 49:972. Poverty Impact Statement In compliance with Act 854 of the 2012 Regular Session of the Louisiana Legislature, the poverty impact of this proposed Rule has been considered. It is anticipated that this proposed Rule will have no impact on child, individual, or family poverty in relation to individual or community asset development as described in R.S. 49:973. Small Business Analysis In compliance with the Small Business Protection Act, the economic impact of this proposed Rule on small businesses has been considered. It is anticipated that this proposed Rule will have no impact on small businesses. Provider Impact Statement In compliance with House Concurrent Resolution (HCR) 170 of the 2014 Regular Session of the Louisiana Legislature, the provider impact of this proposed Rule has been considered. It is anticipated that this proposed Rule will have no impact on the staffing level requirements or qualifications required to provide the same level of service, no direct or indirect cost to the provider to provide the same level of service, and will have no impact on the provider’s ability to provide the same level of service as described in HCR 170. Public Comments Interested persons may submit written comments to Tiffany Meche, Center for Environmental Health, P.O. Box 4489, Baton Rouge, LA 70821-9030. Ms. Meche is responsible for responding to inquiries regarding this proposed Rule. The deadline for submitting written comments is November 24, 2026. Public Hearing Interested persons may submit a written request to conduct a public hearing by U.S. mail to the Office of the Secretary ATTN: LDH Rulemaking Coordinator, Post Office Box 629, Baton Rouge, LA 70821-0629; however, such request must be received no later than 4:30 p.m. on November 09, 2026. If the criteria set forth in R.S. 49:961(B)(1) are satisfied, LDH will conduct a public hearing at 9:30 a.m. on November 24, 2026, in Room 117 of the Bienville Building, which is located at 628 North Fourth Street, Baton Rouge, LA. To confirm whether a public hearing will be held, interested persons should first call Allen Enger at (225) 342-1342 after November 09, 2026. If a public hearing is to be held, all interested persons are invited to attend and present data, views, comments, or arguments, orally or in writing. Bruce D. Greenstein Secretary and Evelyn Griffith, MD Surgeon General FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Food Safety Certification I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) It is anticipated that implementation of this proposed rule will have no programmatic fiscal impact to the state other than the cost of promulgation for FY 27. It is anticipated that $249 SGF will be expended in FY 27 for the state’s administrative expense for promulgation of the proposed rule change and the final rule. The proposed rule change amends the Louisiana Administrative Code (LAC) 51:XXIII(Sanitary Code: Retail Food Establishments), Chapter 3 (General Requirements), Section 305 (Food Safety Certification), pursuant to Act 231 of the 2026 RS, to add adult residential care providers to the list of entities excluded from the definition of “food service establishment” and, therefore, not required to obtain a food safety certificate. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) Implementation of the proposed rule change is anticipated to decrease revenue collections for the Bureau of Sanitarian Services by approximately $6,425 annually. As a result of Act 231, adult residential care providers will no longer be required to apply for food safety certificates. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTRED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) Implementation of the proposed rule change is anticipated to decrease costs to adult residential care providers, which will no longer be required to apply for food safety certificates, resulting in annual savings of $25 per employee who would otherwise require certification. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) The proposed rule has no known effect on competition and employment. Tonya O. JoinerAlan M. Boxberger Assistant SecretaryLegislative Fiscal Officer 2610#034Legislative Fiscal Office

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