As Amended
SEC. 69-7-608. Misrepresentation in use of term "catfish"; restaurant inspections; penalties.
(1) The term "catfish" shall not be used as a common name or used to advertise, distribute or label any fish or fish product except for those species within the definition of catfish in Section 69-7-605.
(2) It is unlawful to use the term "catfish" in the advertising, distributing, labeling or selling of any of those species within the family of Siluridae, Clariidae and Pangasiidae or any other fish not within the definition of catfish in Section 69-7-605.
(3) (a) The State Health Officer shall regulate and inspect restaurants under this article. To carry out the regulation of restaurants, the State Health Officer shall have all powers and duties granted to the commissioner under this article. The commissioner shall not regulate restaurants under this article.
(b) The State Health Officer shall notify, in writing, any restaurant violating this article and shall give the restaurant three (3) days to correct the violation. No penalties under this article shall apply to any restaurant that corrects the violation within three (3) days from the date notified by the State Health Officer.
(4) In addition to any other civil or criminal penalties, a person who violates this section or who otherwise misrepresents as catfish any fish or fish product not defined as catfish under this article is guilty of a felony and upon conviction shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than two (2) years, or both. For subsequent violations, a person shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment not to exceed five (5) years, or both.
SOURCES: Laws, 2002, ch. 506, § 3, SB 2345, eff from and after passage (approved Apr. 1, 2002).