§ 40:1 The office of public health shall be administered by an assistant secretary appointed by the governor in accordance with the provisions of R.S. 36:257.
§ 40:2 The state health officer shall be a licensed and practicing physician in the state of Louisiana and continue to be so qualified during his term of office. He shall be a full time employee
§ 40:3 The state health officer shall at all times take all necessary steps to execute the sanitary laws of the state and to carry out the rules, ordinances, and regulations as contained in
§ 40:3.1 A. All records of interviews, questionnaires, reports, statements, notes, and memoranda procured by and prepared by employees or agents of the office of public health or by any other
§ 40:4 A. The state health officer acting through the office of public health of the Louisiana Department of Health shall prepare, promulgate, and enforce rules and regulations embodied wit
§ 40:4.1 Cochon de lait; preparation in traditional manner
§ 40:4.2 Jambalaya; preparation in traditional manner
§ 40:4.3 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
§ 40:4.4 Italian food; preparation in traditional manner for public consumption
§ 40:4.5 Exemptions
§ 40:4.6 Any provision of the Louisiana Department of Health special event food and beverage preparation regulations that requires any equipment, design, construction, utensils, supplies, pre
§ 40:4.7 New Orleans Jazz and Heritage Festival
§ 40:4.8 A.(1) The Louisiana Department of Health shall inspect and may permit food booths at recognized Louisiana fairs and festivals for compliance with the special event food and beverage prepar
§ 40:4.9 A.(1)(a) 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, o
§ 40:4.9.1 A.(1)(a) 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, o
§ 40:4.10 A.(1) If a landowner, lessees, and occupants have actual or constructive knowledge that his property has been, or is being used, for the storage of infectious medical waste, as is de
§ 40:4.11 A. The state health officer shall issue his determination of approval or disapproval of a permit for construction of a public water system, including a community water system, or a communi
§ 40:4.12 Water distribution in certain facilities
§ 40:4.14 Not-for-profit entity or charitable organization; receipt or use of certain meats or fish in food or meal distribution
§ 40:4.15 A. The Louisiana Department of Health, office of public health, shall promulgate rules and regulations pursuant to the Administrative Procedure Act that require a public water system
§ 40:4.16 The office of public health of the Louisiana Department of Health shall promulgate and adopt rules in accordance with the Administrative Procedure Act to implement iron and manganese
§ 40:5 A. The state health officer and the office of public health of the Louisiana Department of Health shall have exclusive jurisdiction, control, and authority:
§ 40:5.1 The secretary of the Louisiana Department of Health or his designee shall have the authority to go upon railroad property and inspect the premises for sanitary conditions and enforce
§ 40:5.2 Nothing in this Part shall be construed to authorize the state health officer or the Louisiana Department of Health to impose on any person any mode of treatment inconsistent with1
§ 40:5.3 A. The legislature finds and declares that serious risks to public health are posed by harvesting molluscan shellfish from growing areas not approved by the state health officer; and
§ 40:5.4 Testing of private water wells
§ 40:5.5 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
§ 40:5.5.1 A. All food services establishments shall provide a sign posted at the location of the self-service buffet which encourages individuals to wash their hands prior to serving themselve
§ 40:5.5.2 A. The legislature finds that serious risks to public health may be posed by radiation, antibiotics, such as chloramphenicol and fluoroquinolones, chemicals, malachite green, copper
§ 40:5.5.3 A. Within the Louisiana Department of Health there is hereby created the Seafood Safety Task Force, hereafter referred to as “task force”. The task force shall be charged with obtain
§ 40:5.5.4 A. As reflected in Act No. 330 of the 2009 Regular Session of the Legislature, this state recognizes that serious risks to public health may be posed by antibiotics, radiation, and n
§ 40:5.6 A. Notwithstanding any other provision of law to the contrary, the office of public health of the Louisiana Department of Health shall perform all inspections, tests, or procedures on publ
§ 40:5.6.1 A. The Louisiana Department of Health, referred to hereafter in this Section as the “department”, shall establish a pilot program for drinking water testing at elementary schools whi
§ 40:5.7 The office of public health of the Louisiana Department of Health is authorized to establish a fee of seventy-five dollars for the collection and analysis of bacteriological water samples
§ 40:5.8 The following terms as used in this Chapter relative to public water systems shall have the following meanings:
§ 40:5.9 A.(1) The state health officer may issue orders to such persons as he deems necessary to aid in the enforcement of the provisions of this Chapter relative to public water systems and
§ 40:5.9.1 A. This Section shall be known and may be cited as “The Community Drinking Water Infrastructure Sustainability Act” which has been enacted by the legislature to provide:
§ 40:5.9.2 A community water system or local governing authority operating a community water system receiving federal funds, including stimulus or relief payments or grants, for the upgrade, re
§ 40:5.10 A. There is hereby established a special statutorily dedicated fund account in the state treasury to be known as the Oyster Sanitation Dedicated Fund Account, hereinafter referred to
§ 40:5.10.1 A. There is hereby created in the state treasury a special fund designated as the Imported Seafood Safety Fund, referred to hereafter in this Section as the “fund”. After allocation
§ 40:5.11 A. The secretary of the Louisiana Department of Health shall establish in the office of public health a fluoridation program for the purpose of protecting the dental health of the ci
§ 40:5.12 A. Cancer control is hereby declared to be an urgent public health priority of this state.
§ 40:6 A. Except as provided otherwise in Subsection H of this Section, whoever violates any provision of the sanitary code, except those provisions dealing with isolation or quarantine of
§ 40:7 A. If any parish or municipality or any portion thereof becomes infected with any disease to such an extent as to threaten the spread of the disease to the other portions of the stat
§ 40:8 Investigations; entry on and inspection of premises; order to compel attendance of witnesses or production of documents
§ 40:9 A. Any inspector, officer, or employee of the state health officer may arrest, without warrant, all persons violating any rule or regulation of the state health officer or any articl
§ 40:10 Preparation for emergency
§ 40:11 Distribution of funds to parish health units or departments

Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 1 > Part I - State Division of Health

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Community water system: means a public water system that serves year-round residents within a residential setting. See Louisiana Revised Statutes 40:5.8
  • community water systems: include systems serving municipalities, water districts, subdivisions, and mobile home parks. See Louisiana Revised Statutes 40:5.8
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Noncommunity water system: means a public water system that serves persons in a nonresidential setting. See Louisiana Revised Statutes 40:5.8
  • noncommunity water systems: include systems serving schools, day care centers, hospitals, highway rest areas, restaurants, bars, and grocery stores. See Louisiana Revised Statutes 40:5.8
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Potable water: means water having bacteriological, physical, radiological, and chemical qualities that make it safe and suitable for human drinking, cooking, and washing uses. See Louisiana Revised Statutes 40:5.8
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public water system: means a system for the provision to the public of water for potable purposes, through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. See Louisiana Revised Statutes 40:5.8
  • Quorum: The number of legislators that must be present to do business.
  • Service of process: The service of writs or summonses to the appropriate party.
  • State health officer: means the legally appointed or acting state health officer as defined in La. See Louisiana Revised Statutes 40:5.8
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.