Relating to labeling and representation of imported shrimp; authorizing an administrative penalty.

Contracts

• Vendor Agreements: Restaurants must amend supply agreements to require explicit Country of Origin (COOL) declarations on all invoices.
• Indemnification: Add clauses requiring distributors to indemnify the restaurant against regulatory penalties resulting from mislabeled product.
• Substitution Clauses: Strike "manager's choice" or automatic substitution clauses. Distributors must be contractually prohibited from substituting imported shrimp for domestic orders without prior written consent.

Hiring/Training

• Receiving Clerks: Staff must be trained to reject shipments where the box label (Domestic/Gulf) contradicts the Bill of Lading or Invoice (Imported).
• Front-of-House: Waitstaff must be retrained on verbal menu descriptions. Verbal misrepresentation of shrimp origin to a customer is a liability event.

Reporting & Record-Keeping

• Traceability: Maintain a strict chain of custody. Invoices and Bills of Lading must explicitly state origin.
• Affirmative Defense: To utilize the "good faith" defense in Section 436.083(e), you must retain documentation proving you relied on a supplier's label.
• Retention: Retain origin records for a minimum of two years to align with standard audit windows.

Fees & Costs

• Penalties: Violations trigger administrative penalties against your operating license.
• Litigation Risk: DSHS has requested funding for additional attorneys specifically to handle contested enforcement cases, signaling an intent to litigate aggressively.