HEALTH/LDH: Provides relative to the regulation of food and food safety

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2026 Regular Session
HOUSE BILL NO. 783
BY REPRESENTATIVE COATES
HEALTH/LDH: Provides relative to the regulation of food and food safety
1 AN ACT
2 To amend and reenact R.S. 3:4102(1) and (10)(b) and R.S. 40:881(A) and (B) and to enact
3 R.S. 3:4102(19) and 4109(H), relative to the regulation of food and food safety; to
4 provide relative to the Dairy Stabilization Law; to provide for definitions; to prohibit
5 certain entities from manufacturing, processing, packaging, storing, or distributing
6 non-lactational dairy protein products; to provide for labeling requirements; to
7 prohibit certain products from being labeled as milk; to provide for effectiveness;
8 and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 3:4102(1) and (10)(b) are hereby amended and reenacted and R.S.
11 3:4102(19) and 4109(H) are hereby enacted to read as follows:
12 §4102. Definitions
13 As used in this Subpart, unless the context otherwise requires:
14 (1) "Milk" means the lacteal secretion, practically free from colostrum,
15 obtained by the complete milking of one or more healthy cows (including such
16 secretions when raw, cooled, pasteurized, standardized, homogenized, recombined,
17 or concentrated) which meets applicable requirements of the state health officer. The
18 word "milk" shall be interpreted to include goat, sheep, water buffalo, and camel
19 milk and the milk from other hooved animals.
20 * * *
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1 (10) "Dairy product" means any of the following:
2 * * *
3 (b) Any product which contains milk solids not fat, butterfat, or a milk
4 derivative, and which is manufactured in the semblance of one of the products listed
5 in the preceding subparagraph, provided, however, that the term "dairy products"
6 shall not include butter, cheese (other than cottage cheese or creole cream cheese),
7 nonfat dry milk, skim condensed milk, whole condensed milk, or sweetened
8 condensed milk, and non-lactational dairy protein products.
9 * * *
10 (19) "Non-lactational dairy protein product" means a food product not
11 containing dairy-identical or dairy-derived proteins produced through microbial
12 fermentation or other manufacturing processes and not derived from the natural
13 lactation of a mammal.
14 * * *
15 §4109. Licenses; prohibitions
16 * * *
17 H. It shall be unlawful for a licensed processor, distributor, supplier, or
18 retailer to manufacture, process, package, store, or distribute a non-lactational dairy
19 protein product.
20 Section 2. R.S. 40:881(A) and (B) are hereby amended and reenacted to read as
21 follows:
22 §881. Labeling of milk products; disclosures; prohibition; definition; enforcement
23 A.(1) The Louisiana Department of Health shall enforce the United States
24 Food and Drug Administration's standard of identity for milk, as set forth in 21 CFR
25 131.110, the Pasteurized Milk Ordinance, and the provisions of this Section to
26 prohibit the sale of plant-based or non-lactational dairy protein products mislabeled
27 as milk.
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1 (2) Any non-lactational dairy protein product offered for sale within this
2 state shall bear a clear and conspicuous disclosure statement that reads: "Produced
3 through microbial fermentation. Not derived from mammalian lactation."
4 (3) The disclosure shall also meet all of the following requirements:
5 (a) Appear on the principal display panel.
6 (b) Be in a font size not less than thirty-point type.
7 (c) Be in a typeface and color that contrast with the background.
8 (d) Be placed in close proximity to the product name.
9 B.(1) For purposes of this Section, "milk" means the lacteal secretion,
10 practically free from colostrum, obtained by the complete milking of one or more
11 healthy cows. Milk that is in its final packaged form for beverage use shall have
12 been pasteurized, ultra-pasteurized, or aseptically processed and shall contain not
13 less than eight and one-quarter percent milk solids not fat and not less than three and
14 one-quarter percent milk fat. Milk may have been adjusted by separating part of the
15 milk fat therefrom or by adding thereto cream, concentrated milk, concentrated low
16 fat milks, dry milk, or dry low fat milks. Milk may be homogenized. Water shall
17 not be added to milk or any ingredient used in milk. Milk may be flavored with safe
18 and suitable flavoring ingredients approved by the state health officer. The word
19 "milk" shall be interpreted to include goat, sheep, water buffalo, and camel milk, and
20 the milk of other hoofed mammals.
21 (2) For purposes of this Section, "non-lactational dairy protein product"
22 means a food product not containing dairy-identical or dairy-derived proteins
23 produced through microbial fermentation or other manufacturing processes and not
24 derived from the natural lactation of a mammal.
25 * * *
26 Section 3. The provisions of Section 1 of this Act shall take effect if and when the
27 Act which originated as House Bill No. 512 of this 2026 Regular Session of the Legislature
28 is enacted and becomes effective.
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1 Section 4. The provisions of Sections 2 and 3, and this Section of this Act shall
2 become effective upon signature by the governor or, if not signed by the governor, upon
3 expiration of the time for bills to become law without signature by the governor, as provided
4 by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and
5 subsequently approved by the legislature, this Act shall become effective on the day
6 following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 783 Reengrossed 2026 Regular Session Coates
Abstract: Provides for the regulation and sale of certain dairy and non-lactational dairy
products.
Present law (R.S. 3:4102(1)) defines "milk" as the lacteal secretion from one or more cows,
including milk that is raw, cooled, pasteurized, standardized, homogenized, recombined, or
concentrated, and that meets the requirements of the state health officer.
Proposed law modifies present law by clarifying that "milk" is the lacteal secretion that is
practically free from colostrum and is obtained by the complete milking of one or more
healthy cows. Further requires that “milk” be interpreted to include the milk of goats, sheep,
water buffalo, camels, and other hoofed animals.
Present law (R.S. 3:4102(10)(b)) defines "dairy product" to include any product that contains
milk solids not fat, butterfat, or a milk derivative, and that is manufactured to resemble a
dairy product listed in the preceding subparagraph. Clarifies that the term "dairy product"
does not include butter; cheese (except cottage cheese or Creole cream cheese); nonfat dry
milk; skim condensed milk; whole condensed milk; or sweetened condensed milk.
Proposed law retains present law and adds that non-lactational dairy protein products are not
considered "milk".
Present law (R.S. 3:4102) provides for definitions under the Dairy Stabilization Law.
Proposed law retains present law and adds a definition of "non-lactational dairy protein
product" to mean a food product not containing dairy-identical or dairy-derived proteins
produced through microbial fermentation or other manufacturing processes and not derived
from the natural lactation of a mammal.
Present law (R.S. 3:4109) provides licensing requirements for processors.
Proposed law retains present law but adds a prohibition for any licensed processor,
distributor, supplier, or retailer to manufacture, process, package, store, or distribute a
non-lactational dairy protein product.
Present law (R.S. 38:2251.1) provides for the preference of milk and dairy products
produced or processed in the state over out-of-state products for state and local government
purchases, provided that the in-state products are of equal quality and reasonably priced.
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Present law (R.S. 40:881(A)) requires the La. Dept. of Health to enforce the U.S. Food and
Drug Administration’s standard of identity for milk (21 CFR 131.110), the Pasteurized Milk
Ordinance, and the provisions of present law to prohibit the sale of plant-based products that
are mislabeled as milk.
Proposed law modifies present law by also prohibiting the sale of non-lactational dairy
protein products that are mislabeled as milk. Proposed law further requires that any
non-lactational dairy protein product offered for sale bear a clear and conspicuous disclosure
statement that complies with the required formatting of proposed law.
Proposed law provides for a contingency effective date, and an emergency effective date.
(Amends R.S. 3:4102(1) and (10)(b) and R.S. 40:881(A) and (B); Adds R.S. 3:4102(19) and
4109(H))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Remove provisions that prohibit state agencies from purchasing or serving any
non-lactational dairy protein product.
2. Changes font size of disclosures required by proposed law.
3. Provides for an effective date.
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