Provides for an additional exemption to the definition of food service establishment. (8/1/26) (EG -$6,425 SG RV See Note)

Senate Bill 23 enacts a new subsection in Louisiana Revised Statutes Section 40:5.5(E)(2) to add adult residential care providers to the list of exemptions from the definition of food service establishment. The bill adds subsection (j) to the existing exemption provisions, creating a categorical exclusion that removes adult residential care providers from regulatory oversight under Louisiana's food service establishment framework. This addition operates within the Department of Health's authority to define and regulate food service establishments under the state sanitary code, and the exemption becomes effective August 1, 2026.

Adult residential care providers will be relieved of compliance obligations that would otherwise apply to food service establishments regulated under the sanitary code. This exemption means that facilities providing residential care to adults will not be subject to food service establishment inspections, licensing requirements, or food safety regulations that the Department of Health would otherwise impose. The practical effect is that these providers gain flexibility in their food service operations without triggering the regulatory requirements that govern traditional food service establishments, though they may remain subject to other health and safety requirements applicable to residential care facilities under separate statutory frameworks.

This exemption must be interpreted within the broader structure of Louisiana Revised Statutes Section 40:5.5, which establishes the definition of food service establishment for sanitary inspection purposes and already provides exemptions for various categories of entities in subsection (E)(2). Louisiana law recognizes adult residential care as a distinct regulatory category separate from traditional food service operations, and this bill aligns the food service establishment definition with that statutory structure. The exemption does not affect other provisions of the sanitary code or other state or local regulations that may apply to residential care facilities, but rather narrows the specific category of entities subject to food service establishment regulation under Section 40:5.5.