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Ex. DUT-LA-013 Standing duty Primary source read

Act 2020, No. 305 (SB 508), enacting La. R.S. 29:773 (restaurants during declared state of emergency; limitation of liability)

Restaurants during a declared state of emergency: no owner, operator, employee, contractor or agent of a restaurant 'which is in substantial compliance with Proclamation Number 25 JBE 2020 and any subsequent related proclamations and applicable COVID-19 procedures established by a federal, state, or local agency' has civil liability for COVID-19 infection transmitted through the preparation and serving of food and beverages, absent gross negligence or wilful and wanton misconduct; covers dine-in, takeout, drive-through and delivery

Louisiana Legislature, 2020 Regular Session (Senate Bill 508), approved by Governor John Bel Edwards · Louisiana (State)

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The record

Jurisdiction
Louisiana
Level
State
Authority
La. Const. art. III; Proclamation 25 JBE 2020 (recited in Sections 1 and 2)
Issued
2020-06-12 June 12, 2020
Effective
2020-06-12, retroactive to 2020-03-11 (read as 2020-06-12)
End
for 'the duration of the COVID-19 public health emergency' as declared by Proclamation 25 JBE 2020 (the emergency lapsed March 16, 2022) (read as 2022-03-16)
In force
June 12, 2020 to Mar. 16, 2022
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • specified businesses: restaurants ('an eating establishment which gives or offers for retail sale prepared food to the public within its premises') and their owners, operators, employees, contractors and agents
Character
liability shield condition
Collection
Standing duties: Louisiana DUT-LA

Operative words

No owner, operator, employee, contractor, or agent of a restaurant which is in substantial compliance with Proclamation Number 25 JBE 2020 and any subsequent related proclamations and applicable COVID-19 procedures established by a federal, state, or local agency, shall have civil liability for injury or death due to COVID-19 infection transmitted through the preparation and serving of food

Penalty

Loss of the statutory immunity for a restaurant not in substantial compliance with the proclamations and applicable procedures; employees retain workers' compensation rights (C)

What it required

Conditioned every restaurant's immunity on substantial compliance with the Governor's proclamations themselves and with the applicable federal, State and local COVID-19 procedures, for dine-in, takeout, drive-through and delivery service, throughout the declared emergency.

Retrieval note

The enrolled Act as published by the Louisiana Legislature (2 pages). Subsection (B) verbatim: 'The provisions of this Section shall include the serving of the prepared food and beverage products by dine-in, takeout, drive-through, or delivery throughout the duration of the COVID-19 public health emergency.' This is the only one of the three 2020 shields that names the proclamations themselves as the standard of compliance. Approval date from the Legislature's bill history page (BillInfo.aspx?s=20RS&b=SB508).