reglab/housing_qa huggingface dataset:
LA Rev Stat § 3:3244 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3244. Certification of pesticide salespersons

RS 3244 - Certification of pesticide salespersons  No person shall sell or supervise the sale of restricted use pesticides as a pesticide salesperson unless that person has the proper certification. Certification shall be issued only after the applicant has satisfactorily passed an examination. Certification shall be valid for three years and shall be renewed in accordance with rules adopted by the commissioner. The commissioner by rule shall provide for the issuance of annual certification cards. Pesticide salespersons may supervise the sale of restricted use pesticides by competent uncertified individuals who are under the direct supervision of the pesticide salespersons. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.
LA Rev Stat § 3:3245 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3245. Licensing of pesticide dealers

RS 3245 - Licensing of pesticide dealers A. No person shall own or operate a business engaged in the sale of restricted use pesticides unless that person has the proper license. Licenses shall expire on December thirty-first of each year and may be renewed in accordance with rules adopted by the commissioner. Each pesticide dealer shall obtain a license for each location at which restricted use pesticides are sold. B. Each person who is employed by a pesticide dealer and who sells restricted use pesticides shall be a pesticide salesperson or shall work under the direct supervision of a pesticide salesperson. C. Pesticide dealers shall keep records for three years accurately reflecting their possession and disposition of restricted use pesticides. The records shall be furnished to the commissioner upon his request. These records shall include: (1) The name of the pesticide purchased and sold. (2) The amount of the pesticide purchased and sold. (3) The date of transactions. (4) The name, address, and certification number of the purchaser. (5) Such other information as the commissioner may require. D. Each pesticide dealer shall maintain records of the storage of pesticides by that dealer. The commissioner shall adopt rules and regulations governing the records required by this Subsection. The rules and regulations shall require the pesticide dealers to maintain sufficient records to comply with the Hazardous Material Information Development, Preparedness, and Response Act, shall specify the length of time the records shall be maintained, and may require the dealer to report to the commissioner the information in the records which are required to be maintained. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1988, No. 222, §1; Acts 1988, No. 224, §1; Acts 2012, No. 147, §1, eff. May 14, 2012.
LA Rev Stat § 3:3247 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3247. Use of certificates

RS 3247 - Use of certificates  The commissioner by rule may provide that persons who hold more restrictive certificates may use those certificates in lieu of less restrictive certificates. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.
LA Rev Stat § 3:3248 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3248. Direct supervision

RS 3248 - Direct supervision  Persons who hold certificates issued under the provisions of this Chapter may provide direct supervision for the application or sale of a restricted use pesticide by competent uncertified persons. The certified person shall be fully responsible for the actions of the uncertified persons under his direct supervision. The certified person shall give instruction and direction to the uncertified persons and shall be available when and if his presence is needed. The certified person need not be physically present at all times unless the commissioner by rule requires the physical presence of the certified person at the time the restricted use pesticide is sold or applied. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.
LA Rev Stat § 3:3249 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3249. Examinations

RS 3249 - Examinations  A. Each applicant for a certificate issued under the provisions of this Chapter shall satisfactorily pass an examination prior to being issued a certificate. The commissioner by rule shall provide for the preparation, administration, and grading of all examinations. The commissioner shall review and approve all proposed examinations and shall determine the minimum score necessary to satisfactorily pass each examination. B. The commissioner may designate individuals or associations who may submit proposed questions for examinations. C. The commissioner shall fix the dates for all examinations and may establish a date prior to each examination which shall be the last date on which applications to take examinations will be accepted. The commissioner may refuse to administer examinations to persons whose applications are received after the cutoff date. D. The commissioner by rule may require holders of certificates to attend a course of instruction or satisfactorily pass an examination in order to renew the certification. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.
LA Rev Stat § 3:3250 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3250. Applications

RS 3250 - Applications  A. Each application for examination shall be in writing and shall be on forms prescribed by the commissioner. Each application shall be accompanied by the examination fee and such information and documents as the commissioner may require. B. Each application for a license, certificate, or registration shall be in writing and shall be on forms prescribed by the commissioner. Each application shall be accompanied by the license, certificate, or registration fee, proof of passing the examination, proof of financial responsibility where required, and such other information and documents as the commissioner may require. C. Each applicant shall indicate on each application the street address of his place of business. If the place of business does not have a street address, the applicant shall provide sufficient information to establish the physical location of the place of business. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.
LA Rev Stat § 3:3251 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3251. Fees

RS 3251 - Fees A. The examination fee for each examination shall be established by the commissioner by rule in an amount not to exceed two hundred dollars. In establishing the amount of the examination fee, the commissioner shall consider the cost incurred in obtaining, administering, and grading the examination. B. The fees for the licenses and certificates issued or reissued by the commissioner shall be as follows: (1) The resident license fee shall be two hundred dollars. For the purposes of this Paragraph, a "resident" means any person who has been domiciled in Louisiana for a period of at least ninety days immediately preceding the date of application for the license and who has not claimed residence in any other state for any other purpose. (2) The nonresident license fee shall be five hundred dollars. For the purposes of this Paragraph, a "nonresident" means any person who does not qualify as a resident under Paragraph (1) above. (3) The certification fee, except as provided in Subsection C of this Section, shall be twenty dollars. (4) The fee for issuing the annual certification card shall be twenty dollars. This provision shall not apply to private applicators. (5) The fee for inspecting each item of mechanically powered equipment shall be fifty dollars. (6) The fee for registering each field scout shall be ten dollars. C. The certification fee for private applicators shall be twenty-five dollars. The certification fee for employees of local, state, and federal governments for the application of pesticides in the course of their public employment shall be twenty-five dollars. D. The commissioner by rule shall establish procedures for the payment of fees. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1988, No. 156, §1; Acts 2003, No. 120, §1, eff. Jan. 1, 2004.
LA Rev Stat § 3:3253 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3253. Notice

RS 3253 - Notice  A. The commissioner shall notify each person who is affected by a suspension or revocation of a license or certificate, or by probation, or by civil penalties, by certified mail, return receipt requested. B. Each person whose license or certificate has been revoked or suspended shall return the license or certificate to the commissioner within fifteen days of the date on which the notice was received. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.
LA Rev Stat § 3:3254 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3254. Special exemptions for certain applications and recommendations of pesticides

RS 3254 - Special exemptions for certain applications and recommendations of pesticides  As used in R.S. 3:3252(A)(2), the reference to recommendations or applications inconsistent with the labeling of a pesticide shall not include the following:  (1) The application of a pesticide at any dosage, concentration, or frequency less than that specified on the labeling. (2) The application of a pesticide against any target pest not specified on the labeling, if the application is to the crop, animal, or site specified on the labeling, unless the E.P.A. has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling. (3) The use of any method of application not prohibited by the labeling. (4) The mixing of a pesticide or pesticides with a fertilizer when the mixture is not prohibited by the labeling. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.
LA Rev Stat § 3:3255 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3255. Complaints

RS 3255 - Complaints  A. Any person who believes that he has suffered damages as a result of any action by any person regulated by the provisions of this Part may file a damage complaint with the commissioner. B. All damage complaints shall be in writing, shall be on forms prescribed by the commissioner, shall be signed by the complainant, and shall be filed within fifteen days of the action by the alleged offender or the discovery of the damage, whichever occurs later. Failure to file a timely complaint shall not affect the right of the person to institute legal proceedings for the damages. C. Each person who files a damage complaint shall permit the commissioner, the alleged offender, or the representative of either, such as bondsmen or insurers, to observe within reasonable hours the lands, crops, or nontarget organisms alleged to have been damaged in order to determine any damages. Failure of the claimant to permit such observation and examination of the damaged property shall automatically bar the claim against the alleged offender under this Section. D. The commissioner may undertake such monitoring activities, including but not limited to monitoring of the air, soil, water, plants, and animals as may be necessary for the administration and enforcement of this Section. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.
LA Rev Stat § 3:3256 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3256. Exemptions

RS 3256 - Exemptions  A. The commissioner by rule shall delegate to the Structural Pest Control Commission the authority to examine and certify all structural pest control operators required to be certified under the provisions of R.S. 3:3301 et seq. B. No governmental entity or employee thereof shall be exempt from the certificate, enforcement, or record-keeping provisions of this Part, except as otherwise provided herein. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983. Acts 1983, No. 82, §1; Acts 1984, No. 800, §2, eff. July 13, 1984.
LA Rev Stat § 3:3257 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3257. Reciprocal agreements

RS 3257 - Reciprocal agreements  The commissioner may waive all or part of the examination requirements for applicants for certification on a reciprocal basis with any other state which has substantially the same requirements for examinations. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.
LA Rev Stat § 3:3271 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3271. Administration

RS 3271 - Administration  A. The provisions of this Part shall be administered by the Department of Agriculture and Forestry through the division of pesticide and environmental programs within the office of agricultural and environmental sciences. B. The commissioner shall adopt such rules and regulations as are necessary to implement the provisions of this Part. The rules and regulations shall be adopted in accordance with the Administrative Procedure Act. C. The commissioner may employ such personnel as are necessary to administer the provisions of this Part. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1990, No. 136, §1.
LA Rev Stat § 3:3272 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3272. Cooperative agreements

RS 3272 - Cooperative agreements  In order to accomplish the objectives of this Part, the commissioner may enter into cooperative agreements with appropriate governmental agencies. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1990, No. 136, §1.
LA Rev Stat § 3:3273 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3273. Monitoring

RS 3273 - Monitoring  The commissioner shall establish a program for monitoring pesticide wastes in the state. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1990, No. 136, §1.
LA Rev Stat § 3:3274 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3274. Determinations

RS 3274 - Determinations  A. When the commissioner determines that the concentrations of pesticide wastes exceed promulgated federal or state standards, or when the commissioner determines that the concentrations of pesticides pose a threat or reasonable expectation of a threat to human health or to the environment, the commissioner shall determine the appropriate action to be taken under the provisions of this Part. B. The commissioner shall adopt rules to establish procedures for making determinations under the provisions of Subsection A of this Section. C. The determinations made under Subsection A of this Section shall be based on scientific and technical information, including but not limited to information from the following sources or concerning the following subjects:  (1) The history of the levels of concentration of the pesticide or pesticides, based on scientifically valid monitoring studies. (2) The gravity of the threat to human health or to the environment. (3) Standards for contamination levels promulgated by appropriate governmental agencies. (4) Information published or made available by appropriate governmental agencies. (5) Information published or made available by pesticide manufacturers. (6) Information published or made available by institutions of higher education. (7) The availability of alternative pesticides. (8) The availability of alternative methods of application of the pesticide. (9) The economic impact of limiting, restricting, or prohibiting the use of the pesticide. (10) Other criteria established by the commissioner by rule. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1990, No. 136, §1.
LA Rev Stat § 3:3275 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3275. Investigations

RS 3275 - Investigations  A. The commissioner shall investigate any circumstances relating to the presence of pesticide waste in the state in concentrations which the commissioner has determined pose a threat or reasonable expectation of a threat to human health or to the environment under R.S. 3:3274. B. In connection with any investigation conducted under Subsection A of this Section, the commissioner may take the following actions:  (1) Enter, during working hours, any property or premises within which the commissioner has reason to believe pesticide contamination or pesticide waste is a threat to human health or to the environment. (2) Take samples of any pesticides, pesticide wastes, or any substance which has come into contact with pesticides. C. In circumstances not covered by Subsection B of this Section, the commissioner may apply to the district court for the parish in which the pesticide waste is located for a warrant, or warrants, authorizing an investigation and the taking of samples. D. Entrance upon property or premises under the provisions of Subsection B of this Section shall not be deemed to be criminal trespass under any state law or local ordinance. E. The commissioner may issue subpoenas to compel the attendance of witnesses or the production of documents or records anywhere in the state which are relevant to an investigation pursuant to this Part. The sheriff of the parish in which the witness or the documents or records are located shall serve the subpoena if requested by the commissioner. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1990, No. 136, §1.
LA Rev Stat § 3:3276 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3276. Public participation

RS 3276 - Public participation  A. Citizen complaints concerning the treatment, storage, or disposal of pesticide wastes may be filed with the Department of Agriculture and Forestry at any time during normal working hours. Complaints shall be in writing and shall be signed by the complainant. B. The Department of Agriculture and Forestry shall investigate any citizen complaint involving the treatment, storage, or disposal of pesticide wastes. The investigation shall be initiated within thirty days of the receipt of the complaint. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1986, No. 509, §1; Acts 1990, No. 136, §1.
LA Rev Stat § 3:3277 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3277. Orders and communications

RS 3277 - Orders and communications  When the commissioner makes a determination under the provisions of R.S. 3:3274, the commissioner may take one or more of the following actions:  (1) Issue appropriate protective orders to mitigate the further contribution to the accumulation of the pesticide or pesticide wastes. The protective order may limit, restrict, or prohibit any application of the pesticide in the area where the application of the pesticide would contribute to the accumulation of the pesticide or pesticide wastes. (2) Issue remedial orders directing any responsible person to take prompt remedial action to correct any situation in which any substance, action, or condition has caused or is causing any threat to human health or to the environment. (3) Communicate his determination to any appropriate governmental agency. (4) Participate in issuing a public communication concerning the determination. Each public communication shall be issued in accordance with a cooperative agreement with the appropriate governmental agency entered into under the provisions of this Part. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1990, No. 136, §1.
LA Rev Stat § 3:3278 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3278. Enforcement

RS 3278 - Enforcement  A. The commissioner may seek and obtain injunctive relief to restrain and prevent violations of orders issued under the provisions of this Part or in accordance with the rules and regulations adopted under the provisions of this Part. B. The commissioner may impose civil penalties for violations of the orders issued under the provisions of this Part or in accordance with the rules or regulations adopted under the provisions of this Part. The civil penalties shall not exceed twenty-five thousand dollars per offense. Each day on which a violation occurs shall be considered a separate offense. Civil penalties shall be imposed only on the basis of an adjudication of violations pursuant to an adjudicatory hearing held in accordance with the provisions of R.S. 3:3214. The commissioner may assess the proportionate costs of the adjudicatory hearing against the offender. The commissioner by rule shall determine the amount of costs to be assessed. C. Whoever violates the provisions of this Part or the rules and regulations adopted under the provisions of this Part shall be fined not more than twenty-five thousand dollars for each day on which a violation occurs, or, imprisoned, with or without hard labor, for not more than five years, or both. D. The commissioner may institute civil proceedings to enforce the rulings of the commissioner in the district court for the parish in which the violation occurred. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1990, No. 136, §1.
LA Rev Stat § 3:3279 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3279. Violations

RS 3279 - Violations  A. No person shall violate any provision of this Part or of any rule or regulation adopted under the provisions of this Part. B. Nothing in this Part shall be construed to affect any chemical manufacturing facility being regulated by the Department of Environmental Quality under Title 30 of the Louisiana Revised Statutes of 1950 as of May 1, 1990. Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1986, No. 735, §1; Acts 1990, No. 136, §1.
LA Rev Stat § 3:3280 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3280. Repealed by Acts 1990, No. 136, §2.

RS 3280 - Repealed by Acts 1990, No. 136, §2.
LA Rev Stat § 3:3301 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3301. Legislative findings

RS 3301 - Legislative findings  The legislature hereby finds and declares that clean water is a vital necessity for the people of our state. The legislature further finds and declares that the establishment of a program for monitoring the presence of pesticides in the waters of this state and for alleviating excessive levels of pesticides in the waters of this state by minimizing, mitigating, and preventing the potential for those excessive levels of pesticides is a reasonable exercise of the police power of the state and is for a public purpose. Added by Acts 1988, No. 349, §1. {{NOTE: SEE ACTS 1988, No. 349, §§2 AND 3.}}
LA Rev Stat § 3:3302 (2021)
2021 Louisiana Laws|Revised Statutes|Title 3 - Agriculture and Forestry|§3302. Definitions

RS 3302 - Definitions   As used in this Part, the following words shall have the following meanings ascribed to them:   (1) "Affected waters" means any waters of the state in which the levels of pesticides pose a threat or a reasonable expectation of a threat to human health or to the environment.  (2) "Appropriate governmental agency" means any federal, state, or local agency which has jurisdiction over or expertise in the subject matter affected by this Part, and includes but is not limited to, the United States Department of Agriculture, the United States Environmental Protection Agency, the United States Geological Survey, the Department of Environmental Quality, the Louisiana Department of Health, the Department of Natural Resources, the Department of Wildlife and Fisheries, and the Department of Transportation and Development.  (3) "Commissioner" shall have the same meaning as provided in R.S. 3:3202.  (4) "Person" shall have the same meaning as provided in R.S. 3:3202.  (5) "Pesticide" shall have the same meaning as provided in R.S. 3:3202.  (6) "Waters of the state" means both the surface and the underground waters within the state of Louisiana including all rivers, streams, lakes, ground waters, and all other water courses and waters within the confines of the state, and all bordering waters and the Gulf of Mexico.  Added by Acts 1988, No. 349, §1.