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2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1496. Use of funds

RS 3:1496 - Use of funds
Funds made available to the commissioner shall be expended to effectuate the purposes of this Part including but not limited to the following uses:
(1) To attract additional business associated with the industrial hemp industry to Louisiana including processors.
(2) To develop and promote Louisiana industrial hemp brands or marketing campaigns.
(3) To aid in the development of a coordinated research plan designed to develop higher quality industrial hemp seeds and plants best suited for cultivation within the state, new and improved uses for industrial hemp, and best management practices.
(4) To develop educational programs and disseminate educational materials about industrial hemp.
(5) To support the enhancement and maintenance of public-use industrial hemp facilities, specifically those used for the purposes of promotion and research.
(6) To promote activities, facilities, events, and the needs of the Louisiana industrial hemp industry.
(7) To contract for scientific research with accredited postsecondary education institutions, or similar educational institutions, and industrial hemp licensees authorized to conduct industrial hemp research under this Chapter that will assist in carrying out the purposes of the program, including industrial hemp best management practices.
Acts 2022, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1602. Legislative findings and purpose

RS 3:1602 - Legislative findings and purpose
The legislature hereby finds and declares that the boll weevil has for many years been a public nuisance, a pest, and a menace to the cotton industry. The boll weevil has caused the destruction of vast quantities of cotton and thereby imposed severe economic losses upon cotton producers in the state. Due to the interstate nature of the boll weevil infestation, it is necessary to secure the cooperation of cotton producers and other state and federal governments to carry out a program of boll weevil suppression and eradication. The purpose of this Part is to secure the suppression or eradication of the boll weevil and to cooperate with state and federal agencies in the administration of cost-sharing programs for the suppression or eradication of the boll weevil.
Acts 1992, No. 58, §1; Acts 1994, 3rd Ex. Sess., No. 124, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1603. Definitions

RS 3:1603 - Definitions
As used in this Part, the following terms shall have the following meanings, except where the context expressly indicates otherwise:
(1) "Affected cotton producer" means a cotton producer as defined herein and the term "affected cotton producer" as used herein shall also include landlords of share tenants and landlords of cash tenants.
(2) Repealed by Acts 2019, No. 185, §2, eff. June 11, 2019.
(3) "Boll weevil" means any Anthonomus grandis Boheman in any stage of development.
(4) "Certificate" means a document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils.
(5) "Commission" means the Louisiana Boll Weevil Eradication Commission established in this Part.
(6) "Commissioner" means the commissioner of the Department of Agriculture and Forestry, or his duly authorized designee.
(7) "Cotton" means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle.
(8) "Cotton producer" means any person who is actively and directly engaged in the production, planting, growing, or farming of cotton for market, or otherwise actively causing cotton to be produced for market.
(9) "Department" means the Louisiana Department of Agriculture and Forestry.
(10) "Eradication zone" means any area or areas of the state, designated by the commissioner, where boll weevil eradication programs will be undertaken.
(11) "Host" means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle.
(12) "Infested" means actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists.
(13) "Move" means to ship, offer for shipment, deposit for transmission by mail, receive for transportation, carry, or otherwise transport, move or allow to be moved.
(14) "Noncommercial cotton" means any cotton intended for purposes other than processing, including but not limited to cotton planted for ornamental purposes and volunteer cotton.
(15) "Permit" means a document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing.
(16) "Person" means any individual, firm, company, corporation, partnership, society, association, or other business or public entity.
(17) "Regulated article" means any article of any character carrying or capable of carrying the boll weevil, including but not limited to cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers, and other equipment associated with cotton production, harvesting, or processing.
Acts 1992, No. 58, §1; Acts 1994, 3rd Ex. Sess., No. 124, §1; Acts 2019, No. 185, §2, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1604.1. Powers and duties of the commission and commissioner

RS 3:1604.1 - Powers and duties of the commission and commissioner
A. The commission shall have the following powers:
(1) To conduct investigations and hold hearings on alleged violations of rules or regulations of this Part.
(2) To advise the commissioner of the requirements involved in eradicating and controlling boll weevils.
(3) To advise the commissioner as to the findings of the commission.
(4) To advise the commissioner on the penalties to be imposed or the injunctive relief to be sought for violations.
(5) To adopt rules or regulations concerning quarantines, eradication zones, movement of regulated articles, regulation of activities affecting the boll weevil eradication program, and such other rules or regulations authorized by this Part.
(6), (7) Repealed by Acts 2019, No. 185, §2, eff. June 11, 2019.
(8) To adopt rules or regulations needed for the commission to carry out its duties and responsibilities pursuant to this Part.
B. The commissioner shall have the following powers:
(1) To administer and enforce the provisions and the rules or regulations adopted pursuant to this Part.
(2) To enter into any cooperative endeavor or cooperative agreement with any federal, state, or local agency as he deems necessary to further the purposes of this Part.
(3), (4) Repealed by Acts 2019, No. 185, §2, eff. June 11, 2019.
(5) To enter property to conduct inspections, examine and copy records, and carry out suppression or eradication activities as provided in this Part.
(6) To make final determinations regarding violations of any provision of this Part or of the rules or regulations adopted pursuant to this Part and to impose penalties for any such violations.
(7) To institute civil proceedings to enforce orders or rulings or other civil relief to collect any late fees, fines, penalties or costs due under this Part or otherwise enforce the provisions of this Part or rules or regulations adopted pursuant to this Part.
(8) To exercise any power authorized by this Part and to adopt rules or regulations necessary to carry out the duties and responsibilities pursuant to this Part.
Acts 2008, No. 64, §1, eff. June 5, 2008; Acts 2019, No. 185, §§1, 2, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1605. Cooperative agreements

RS 3:1605 - Cooperative agreements
The commissioner, through the commission, is authorized to carry out programs to suppress or eradicate the boll weevil in the state. The commissioner is authorized to cooperate with any agency of the federal government, any state, any other agency in the state or in the region, or any person engaged in growing, processing, marketing, handling cotton, or any group of such persons in programs to effectuate the purposes of this Part and may enter into written agreements, including cooperative endeavor agreements, to effectuate such purposes. Such agreements may provide for cost sharing, and for division of duties and responsibilities under this Part and may include other provisions generally to effectuate the purposes of this Part.
Acts 1992, No. 58, §1; Acts 1994, 3rd Ex. Sess., No. 124, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1606. Entry of premises; eradication activities; inspections

RS 3:1606 - Entry of premises; eradication activities; inspections
A. The commissioner may enter cotton fields, cotton processing facilities, any means of conveyance within this state, and any other property or premises, other than dwellings, to inspect for boll weevil infestations, to examine and copy records, and to carry out suppression or eradication activities, including but not limited to treatment with pesticides, sampling, monitoring, and destruction of growing cotton or other host plants, as may be necessary to carry out the provisions of this Part.
B. In circumstances not covered by Subsection A of this Section, the commissioner may apply to the district court for the parish in which the entry is to occur for a warrant or warrants authorizing the right of entry to any dwelling for the purpose of carrying out the provisions of this Section or other activities authorized by this Part.
C. The commissioner may issue subpoenas to compel the attendance of witnesses or the production of records or things anywhere in the state at a deposition or at a hearing before the commission for the purposes of carrying out the provisions of this Part.
Acts 1992, No. 58, §1; Acts 1994, 3rd Ex. Sess., No. 124, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1607. Reports

RS 3:1607 - Reports
Every person growing cotton in the state shall furnish to the commissioner, on forms specified by the commissioner, such information as the commissioner may require concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or grown for any other purposes.
Acts 1992, No. 58, §1; Acts 1994, 3rd Ex. Sess., No. 124, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1608. Quarantine; rules and regulations

RS 3:1608 - Quarantine; rules and regulations
A. The commission may adopt rules and regulations concerning quarantines including procedures for quarantining, the storage or other handling of regulated articles, and the movement of regulated articles into or from quarantined areas.
B. The commission shall determine when such action is necessary, or appears reasonably necessary, to prevent or retard the spread of the boll weevil.
C. The commission may adopt rules and regulations governing the movement of articles from other states or portions thereof into this state when such state is known to be infested with the boll weevil.
D. The adoption of all rules and regulations shall be done in accordance with the Administrative Procedure Act and sound principles of quarantine.
Acts 1992, No. 58, §1; Acts 1994, 3rd Ex. Sess., No. 124, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1609. Eradication zones; participation in eradication program; penalty fees

RS 3:1609 - Eradication zones; participation in eradication program; penalty fees
A. The commission may designate by rule or regulation, one or more areas of the state as eradication zones where boll weevil eradication programs will be undertaken.
B. The commission may adopt rules and regulations regarding areas where cotton cannot be planted within an eradication zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety.
C. The commission may adopt rules and regulations prohibiting the planting of noncommercial cotton in such eradication zones, and requiring that all cotton producers of commercial cotton in the eradication zones participate in a program of boll weevil eradication as prescribed in the rules and regulations. Notice of such prohibition and requirement shall be given by publication for one day each week for three successive weeks in a newspaper having general circulation in the affected area.
D. The commission may set, by rule or regulation, a reasonable schedule of penalty fees to be assessed when cotton producers in designated eradication zones do not meet the requirements of rules or regulations adopted by the commission with respect to reporting of acreage as prescribed by regulation. Such penalty fees shall not exceed a charge of twenty-five dollars per acre per year.
E. When a cotton producer fails to meet the requirements of rules and regulations adopted by the commission, the commissioner may destroy cotton in eradication zones which is not in compliance with such rules and regulations, provided notification of such proposed action by the commissioner, not less than twenty-one days prior to such action being taken, has been properly filed and maintained in accordance with the central registry provisions of R.S. 3:3651 et seq., and any secured party of any cotton producer has been notified by the commissioner of such proposed action by registered or certified mail, return receipt requested, within said delay. Costs incurred by the commissioner shall be assessed against the cotton producer.
Acts 1992, No. 58, §1; Acts 1994, 3rd Ex. Sess., No. 124, §1; Acts 2019, No. 185, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1610. Destruction or treatment of cotton in eradication zones

RS 3:1610 - Destruction or treatment of cotton in eradication zones
A. The commissioner may destroy or, at his discretion, cause to be treated with pesticides, volunteer or other noncommercial cotton and may establish procedures for the purchase and destruction of commercial cotton in eradication zones when the commissioner deems such action necessary to effectuate the purposes of this Part.
B. No payment shall be due from or made by the commissioner to anyone, including the cotton producer, owner, or lessee for the destruction or injury of any cotton which was planted in an eradication zone after publication of notice as provided in this Part, or was otherwise handled in violation of this Part, or the rules and regulations adopted under the provisions of this Part.
C. The commissioner shall pay for losses resulting from the destruction of cotton which was planted in such zones prior to publication of such notice.
Acts 1992, No. 58, §1; Acts 1994, 3rd Ex. Sess., No. 124, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1611. Rules and regulations

RS 3:1611 - Rules and regulations
A. The commission may adopt rules and regulations prohibiting or restricting the pasturage of livestock, entry by persons, and location of honeybee colonies or other activities affecting the boll weevil eradication program in any premises in an eradication zone which have been or are to be treated with pesticides or otherwise treated to cause the eradication of the boll weevil, or in any other area that may be affected by such treatments.
B. The commission may adopt such other rules and regulations as it deems necessary to further effectuate the purposes of this Part. The adoption of all rules and regulations under the provisions of this Part shall be done in accordance with the Administrative Procedure Act.
Acts 1992, No. 58, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1612. Penalties

RS 3:1612 - Penalties
A. Any person who violates any of the provisions of this Part or the rules or regulations adopted under the provisions of this Part, or who alters, forges, or counterfeits, or uses without authority, any certificate or permit or other document provided for in this Part or in the rules or regulations adopted under the provisions of this Part, or who, except in compliance with the rules or regulations adopted by the commission, moves any regulated article which the commissioner found is infested by the boll weevil into this state from any other state shall be subject, in addition to any unpaid fees associated with the eradication program, to a civil penalty of not more than five thousand dollars for each act of violation and for each day of violation. Each day on which a violation occurs shall be a separate offense.
B. Penalties may be assessed only by a ruling of the commissioner based upon an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act.
C. In addition to civil penalties, the commissioner may assess the proportionate costs of the adjudicatory hearing against the violator. The commissioner, by rule, shall determine the amount of costs to be assessed.
D. The commissioner may institute civil proceedings to enforce his rulings in the district court for the parish in which the violation occurred.
E. The commissioner may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of this Part, or of the rules and regulations adopted under the provisions of this Part, in the district court for the parish in which the violation occurred.
Acts 1992, No. 58, §1; Acts 2019, No. 185, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1612.1. Disposition of funds

RS 3:1612.1 - Disposition of funds
A. All fees, penalties, and other funds received under the provisions of this Part shall be disposed of in accordance with the following provisions:
(1) All fees, penalties, and all other funds received by the commission under the provisions of this Part, subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, shall be deposited immediately upon receipt into the state treasury and shall be credited to the Bond Security and Redemption Fund.
(2) Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer, prior to placing the remaining funds in the state general fund, shall pay an amount equal to the total amount of funds paid into the state treasury by the commission under the provisions of this Part into the Horticulture and Quarantine Fund.
(3) All unexpended and unencumbered monies received from fees and penalties in the fund at the end of each fiscal year shall remain in the Horticulture and Quarantine Fund. The monies in the fund shall be invested by the treasurer in the same manner as monies in the state general fund. All interest earned on monies from the fund invested by the state treasurer shall be deposited in the fund.
B. Subject to appropriation, the monies in the fund shall be used for the following purposes:
(1) To provide for the expenses of the program established by this Part and the expenses of the office of agricultural and environmental sciences, as determined by the commissioner.
(2) To fund any and all costs related to the eradication of boll weevils, utilizing any or all powers granted to the commissioner or the department.
Acts 2019, No. 185, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1621. §§1621 to 1642 Repealed by Acts 1982, No. 198, §6, eff. Jan. 1, 1983.

RS 3:1621 - §§1621 to 1642 Repealed by Acts 1982, No. 198, §6, eff. Jan. 1, 1983.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1651. Distribution of entomological work between entomologist of experiment stations and state entomologist

RS 3:1651 - Distribution of entomological work between entomologist of experiment stations and state entomologist
A. All of the entomological work of the state relating to demonstration, inspection, and quarantine work shall be conducted by the Department of Agriculture and Forestry and all of the investigational, experimental, and research work of an entomological nature shall be conducted by the experiment stations of Louisiana State University Agricultural Center. The head of the Department of Entomology at the Louisiana State University Agricultural Center shall have charge and direction of the entire entomological work of the stations.
B. There shall be a state entomologist appointed by the commissioner of agriculture and forestry who shall have charge of the entomological work of the department. The state entomologist shall be under the supervision and control of the commissioner of agriculture and forestry.
Amended by Acts 1952, No. 272, §1; Acts 2009, No. 24, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1652. Power of the Department of Agriculture and Forestry to control pests and diseases; rules and regulations; restricting importation

RS 3:1652 - Power of the Department of Agriculture and Forestry to control pests and diseases; rules and regulations; restricting importation
The Department of Agriculture and Forestry shall have full and plenary power to deal with all crop and fruit pests and such contagious and infectious crop and fruit diseases as in the opinion of the entomologist, may be prevented, controlled, or eradicated; with full power to make, promulgate and enforce such rules, ordinances and regulations, and to do and perform such acts as, in the judgment of the entomologist, may be necessary to control, eradicate, or prevent the introduction, spread, or dissemination of all injurious crop and fruit pests and diseases. The rules, ordinances and regulations of the department shall have the force and effect of law five days after their promulgation in the official journal of the state. The department may prohibit or regulate the shipment or bringing into this state of any plants, farm products, or other articles of any nature or character whatsoever from any state, territory, or foreign country, when in the opinion of the entomologist the prohibition or regulation is necessary.
Acts 2009, No. 24, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1653. Penalty for violating rules and regulations; enforcement of rules and regulations in court

RS 3:1653 - Penalty for violating rules and regulations; enforcement of rules and regulations in court
A. A violator of any provisions of this Part or of any rule or regulation adopted under the provisions of this Part shall be subject to a civil penalty of not more than five thousand dollars for each act of violation and for each day of violation. Each day on which a violation occurs shall be a separate offense.
B. Penalties may be assessed only by a ruling of the commissioner of the Department of Agriculture and Forestry based upon an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act.
C. In addition to civil penalties, 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.
D. The commissioner may institute civil proceedings to enforce his rulings in the district court for the parish in which the violation occurred.
E. The commissioner may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of this Part, or of the rules and regulations adopted under the provisions of this Part, in the district court for the parish in which the violation occurred.
Acts 1990, No. 115, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1654. Listing dangerous pests and diseases; bulletins; measures authorized in preventing spread of pest or disease; obstructing preventive measures

RS 3:1654 - Listing dangerous pests and diseases; bulletins; measures authorized in preventing spread of pest or disease; obstructing preventive measures
A. The entomologist shall prepare and publish a list of dangerous crop and fruit pests, and infectious and contagious plant diseases, known or suspected to be present within the state, or which might be introduced, and may, at any subsequent time, amend the list. The entomologist, with the approval of the commissioner of agriculture and forestry, shall have printed from time to time bulletins containing such information, remedies, preventatives, etc., as he may consider necessary, including also the rules, ordinances, and regulations of the Department of Agriculture and Forestry, which bulletins shall be distributed to all farmers and other interested persons in the state.
B. When the entomologist suspects that any pest or plant disease, listed by him as dangerous, exists in any part of the state, he shall verify such suspicion and, if it be well-founded, said entomologist shall take immediate charge of infested or infected property and adopt such measures for the treatment or extermination of pest or disease as he may deem advisable.
C. The entomologist, or any of his duly authorized assistants, may inspect any building, warehouse, depot, or other place where property is located, or premises, nurseries, orchards, groves, or fields suspected to be infested or infected by any crop pest or disease, listed or bulletined by said entomologist, and if in his opinion it is necessary to destroy the property so infested or infected in order to prevent the further spread of the injurious crop pest or disease, he may destroy the property and without compensation to the owner of the infested or infected property.
D. Anyone who seeks to prevent any inspection under the direction of the Department of Agriculture and Forestry by the entomologist, or his authorized assistants, or who otherwise interferes with the agents or employees of the department or the entomologist while in the performance of their duties, shall be subject to the penalties provided in R.S. 3:1653.
Acts 1990, No. 115, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1656. Permitting of growers of nursery stock; definitions; rules and regulations

RS 3:1656 - Permitting of growers of nursery stock; definitions; rules and regulations
A. The state entomologist shall issue permits or certifications to growers of nursery stock.
B. For the purposes of this Section, "nursery stock" means all trees, shrubs, ornamental plants, grass sod, foliage plants, or marsh plants grown or propagated for sale or distribution.
C. The state entomologist shall adopt such rules and regulations as necessary to implement the provisions of this Section.
Acts 1995, No. 253, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1731. Sweet potato dealer's permit requirement; application; exception; denial, suspension, revocation, and probation of dealer's permit

RS 3:1731 - Sweet potato dealer's permit requirement; application; exception; denial, suspension, revocation, and probation of dealer's permit
A. All persons, including sweet potato growers and farmers, commercially growing, selling or offering for sale sweet potatoes shall not grow, move, clean, grade, pack or repack for sale, or process in any manner sweet potatoes without a valid sweet potato dealer's permit.
B. Applicants for a sweet potato dealer's permit shall complete and file the application required by the department, which shall set forth the following conditions:
(1) A guarantee to reimburse any purchase price of sweet potatoes which are confiscated because of sweet potato weevil infestation or unauthorized sale, offer for sale, or movement.
(2) An agreement to permit, at the dealer's cost, the disposal or destruction by the department or the return to point of origin of any sweet potatoes sold, offered for sale, moved or moving without authorization, or infested with sweet potato weevils.
(3) A signed agreement to comply with any and all sweet potato quarantine regulations and any conditions specified in the agreement.
C. The provisions of this Section do not apply to retail grocers and other retail outlets selling or offering for sale sweet potatoes possessing a valid certificate permit or certificate permit tags indicating that the sweet potatoes have been inspected, and that are sold or offered for sale directly to the consumer from a permanent building at a permanent location.
D. A sweet potato dealer's permit may be suspended, revoked, or placed on probation if the holder thereof fails to comply with the provisions of Parts III and III-A of Chapter 12 of this Title or with the provisions of a signed compliance agreement with the department, subject to a finding in support of such action in a properly conducted adjudicatory hearing.
E. The department may refuse to renew a sweet potato dealer's permit if the person or business applying for such permit owes unpaid sweet potato fees, taxes, or civil penalties.
Acts 2013, No. 332, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1732. Terms defined

RS 3:1732 - Terms defined
The terms used in Parts III and III-A of this Chapter shall have the following meanings:
(1) "Certificate permit" means a written document, stamp, or other form of identification approved by the department that authorizes the movement, sale, offer for sale or storage of sweet potato plants, plant products or parts thereof, or regulated materials.
(2) "Certificate permit tag" means a tag that authorizes the movement, sale, or offer for sale or storage of sweet potato plants, plant products or parts thereof, or regulated materials.
(3) "Commissioner" means the commissioner of the Department of Agriculture and Forestry.
(4) "Department" means the Department of Agriculture and Forestry.
(5) "Processing plants" means canning, freezing, and dehydrating facilities.
(6) "Sweet potato" means all plants, plant parts, and plant products in the genus Ipomoea and any other plants, plant parts, or plant products that commonly are referred to as sweet potato, that can harbor injurious pests or diseases affecting said plants, plant parts, and plant products.
Acts 2009, No. 24, §1, eff. June 12, 2009; Acts 2013, No. 332, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1733. Fee for shipment of sweet potatoes; amount

RS 3:1733 - Fee for shipment of sweet potatoes; amount
For the purposes of Parts III and III-A of this Chapter, the commissioner may charge a fee of not more than six cents per bushel on every bushel of sweet potatoes moved or shipped within or out of the state and a fee of not more than ten cents per thousand on all vines, plants, and slips moved or shipped within or out of the state. The fees shall be established by rule adopted in accordance with the Administrative Procedure Act.
Acts 2013, No. 332, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1734. Promulgation of rules and regulations

RS 3:1734 - Promulgation of rules and regulations
In accordance with the Administrative Procedure Act, the commissioner may adopt rules and regulations necessary to enforce the provisions of Part III or III-A of this Chapter.
Acts 2013, No. 332, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1736.1. Certificate of inspection required for sweet potato shipments

RS 3:1736.1 - Certificate of inspection required for sweet potato shipments
All sweet potatoes, vines, plants, and slips, shipped or moved into, out of, or within the state shall be accompanied by a certificate of inspection signed by the commissioner.
Acts 2013, No. 332, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1736.2. Sale of sweet potatoes for certain purposes prohibited

RS 3:1736.2 - Sale of sweet potatoes for certain purposes prohibited
In order to prevent the spread of sweet potato weevils, no person shall sell or provide raw sweet potatoes for the purpose of feeding, offering to feed, or depositing for food the sweet potatoes to wild game quadrupeds.
Acts 2013, No. 332, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1736.3. Promulgation of rules and regulations

RS 3:1736.3 - Promulgation of rules and regulations
The commissioner shall have full and plenary power to deal with sweet potato pests and diseases that may be prescribed, controlled, or eradicated. He shall have full power to promulgate and enforce the rules, ordinances, and regulations and to do and perform such acts through agents or otherwise, as in his opinion may be necessary to control, eradicate, or prevent the introduction, spread, or dissemination of any and all contagious diseases and pests as far as may be possible and all such rules, ordinances, and regulations shall have the force of law.
Acts 2013, No. 332, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1736.4. Investigation to discover diseased or infested sweet potatoes or plants

RS 3:1736.4 - Investigation to discover diseased or infested sweet potatoes or plants
The commissioner, his agents and employees, may enter any depot, express office, storeroom, warehouse, or premises for the purpose of inspecting any sweet potatoes, vines, plants, and slips, therein or thought to be therein for the purpose of ascertaining whether the sweet potatoes, vines, plants, and slips are infected with any contagious or infectious diseases or pests that they may have reason to believe have been or are being transported in violation of the provisions of this Part.
Acts 2013, No. 332, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1736.5. Penalty for violations

RS 3:1736.5 - Penalty for violations
A. A violator of any provision of Part III or III-A of this Chapter or of any rule or regulation adopted under the provisions of Part III or III-A of this Chapter shall be subject to a civil penalty of not more than five thousand dollars for each act of violation and for each day of violation. Each day on which a violation occurs shall be a separate offense.
B. Penalties may be assessed only by a ruling of the commissioner based upon an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act.
C. In addition to civil penalties, 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.
D. The commissioner may institute civil proceedings to enforce his rulings in the district court for the parish in which the violation occurred.
E. The commissioner may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of Part III or III-A of this Chapter, or of the rules and regulations adopted under the provisions of Parts III and III-A of this Chapter, in the district court for the parish in which the violation occurred.
Acts 2013, No. 332, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1736.6. Sweet Potato Pests and Diseases Fund; disposition of funds

RS 3:1736.6 - Sweet Potato Pests and Diseases Fund; disposition of funds
A. All assessments, fees, penalties, and other funds received under the provisions of Parts III and III-A of this Chapter shall be disposed of in accordance with the following provisions:
(1) All assessments, fees, penalties, and all other funds received under the provisions of Parts III and III-A of this Chapter, subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, shall be deposited immediately upon receipt into the state treasury and shall be credited to the Bond Security and Redemption Fund.
(2) Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state, which become due and payable within any fiscal year, the treasurer, prior to placing the remaining funds in the state general fund, shall pay an amount equal to the total amount of funds paid into the state treasury under the provisions of Parts III and III-A of this Chapter into a special fund which is hereby created in the state treasury and designated as the Sweet Potato Pests and Diseases Fund.
(3) All unexpended and unencumbered monies in the fund at the end of each fiscal year shall remain in the fund. The treasurer shall invest the monies in the fund in the same manner as monies in the state general fund. All interest earned on monies from the fund invested by the state treasurer shall be deposited in the fund.
B. Subject to appropriation, the monies in the fund shall be used for the following purposes:
(1) To provide for the expenses of the program established by Parts III and III-A of this Chapter, as determined by the commissioner.
(2) To fund any and all costs related to the carrying out of the powers and duties granted to the commissioner under Parts III and III-A of this Chapter.
Acts 2013, No. 332, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1741. Purpose

RS 3:1741 - Purpose
The purpose of this Part is to expand the market and increase consumption of sweet potatoes by acquainting the general public with the health giving qualities and the food value of the sweet potatoes grown in Louisiana, thereby promoting the general welfare of our people.
Acts 2009, No. 24, §8C, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1742. Terms defined

RS 3:1742 - Terms defined
The terms used in this Part shall be construed to mean as follows:
(1) "Sweet potatoes" means all sweet potatoes of the grades as recommended by the United States Department of Agriculture and such other grades as may be promulgated by the Louisiana Sweet Potato Advertising and Development Commission;
(2) "Bushel" means 50 pounds of sweet potatoes whether such potatoes are in crates, sacks or other containers, or in bulk;
(3) "Shipper" means any person, partnership, association, or corporation, engaged in the packaging and shipping or either packaging or shipping, of sweet potatoes or transporting sweet potatoes whether as owner, agent, or otherwise;
(4) "Shipment" shall be deemed to take place when the sweet potatoes are loaded within the state in a railroad car, boat, truck or other conveyance in which sweet potatoes are to be transported;
(5) "Commission" means the Louisiana Sweet Potato Advertising and Development Commission.
(6) "Handler" shall mean any person handling sweet potatoes in the primary channels of trade.
(7) "Processor" shall mean any person, partnership, association, or corporation engaged in the canning, freezing, or dehydrating of sweet potatoes.
Amended by Acts 1975, No. 134, §§1, 2; Acts 2009, No. 24, §8C, eff. June 12, 2009; Acts 2010, No. 495, §1, eff. June 24, 2010.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1744. Powers

RS 3:1744 - Powers
The commissioner of agriculture and forestry shall administer the terms of this Part and control and disburse the proceeds of the tax levied and collected thereunder; however, disbursements may be authorized only by a majority of the members of the commission. He may continue to maintain a field office at Opelousas, Louisiana, to carry on the work of the commission, at which office meetings of the commission may be held, and he may establish rules and regulations, in accordance with the Administrative Procedure Act, for the administration and implementation of the provisions of this Part. To assist in the collection of the tax, the commission may cause its duly authorized agent or representative to go upon the premises of any grower, shipper, dealer, or handler of sweet potatoes and examine or cause to be examined by any such agent or representative any books, papers, records, or memoranda bearing on the amount of taxes payable, and to secure other information directly or indirectly concerned in the enforcement of this Part.
Amended by Acts 1952, No. 389, §2; Acts 1968, No. 434, §1; Acts 1975, No. 134, §1; Acts 1976, No. 109, §1; Acts 1997, No. 61, §1; Acts 2009, No. 24, §8C, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1745. Tax on sweet potato shipments

RS 3:1745 - Tax on sweet potato shipments
There is imposed and levied a tax at the rate of four cents per bushel of fifty pounds or fraction thereof on all Louisiana sweet potatoes inspected for shipment to fresh market outlets and to processing plants, and on sweet potatoes produced out-of-state and moved into Louisiana; except that a ten percent discount will be allowed on all processing stock to compensate for waste.
Amended by Acts 1950, No. 210, §1; Acts 1958, No. 235, §1; Acts 1963, No. 63, §1; Acts 1968, No. 434, §1; Acts 1975, No. 134, §1; Acts 2009, No. 24, §8C, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1746. Collection, deposit, and disbursement of sweet potato tax money

RS 3:1746 - Collection, deposit, and disbursement of sweet potato tax money
A. The tax imposed and levied by this Part shall be collected by the Louisiana Department of Agriculture and Forestry from the shipper or processor along with the fee collected in connection with the inspection of sweet potatoes and issuance of certificates and tags required for shipment thereof.
B. The proceeds of the tax collected from the shippers and processors by the department, together with the proceeds from the sale of any authorized publications of the commission, shall be deposited with the state treasurer in a special fund to be established by him for the Louisiana Sweet Potato Advertising and Development Commission in the administration of this Part, and disbursements thereof shall be made on the warrant of the commissioner drawn on the state treasurer out of the funds; however, disbursements may be authorized only by a majority of the members of the commission. The interest earned on the investment of monies in this fund shall be credited to the fund.
C. The proceeds of two cents of the four-cent per bushel tax collected each year shall be disbursed by the commissioner when authorized by a majority of the commission as follows:
(1) One-eighth of the above amount to finance activities and services initiated by the Louisiana Sweet Potato Association as approved by a majority of the members of the commission.
(2) Seven-eighths of the above amount to the Louisiana Agricultural Experiment Station to finance sweet potato research work as approved by a majority of the members of the commission.
Amended by Acts 1952, No. 389, §3; Acts 1960, No. 555, §1; Acts 1963, No. 63, §2; Acts 1968, No. 434, §1; Acts 1975, No. 134, §1; Acts 1997, No. 61, §1; Acts 2009, No. 24, §8C, eff. June 12, 2009; Acts 2015, No. 3, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1747. Advertising sweet potatoes; contracts

RS 3:1747 - Advertising sweet potatoes; contracts
The commission shall plan and conduct a campaign for advertising, publicizing and promoting the increased consumption of sweet potatoes and as an incident thereto may prepare, print and publish for distribution and sale cookbooks which emphasize the value and uses of sweet potatoes. It may contract for any advertising, publicity and sale promotion services, the amount of the contract to be limited each year to the estimated amount of the tax for the year less the estimated cost of administering this Part. The commissioner is authorized and empowered to carry out any and all contracts made by the commission.
Amended by Acts 1952, No. 389, §4; Acts 1960, No. 555, §1; Acts 2009, No. 24, §8C, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1748. Offenses; penalty for nonpayment of tax

RS 3:1748 - Offenses; penalty for nonpayment of tax
Any handler, processor, or shipper of sweet potatoes who willfully evades the payment of the tax provided for in R.S. 3:455, or who violates any other provisions of this Part, shall be fined not more than five hundred dollars. If any shipper or processor fails to pay any tax due under the provisions of this Part within thirty days after the tax payment is due, he shall be liable to a penalty of twenty percent thereof, and the attorney general shall enforce payment of the tax and penalty by civil action against the shipper or processor for the amount of the tax and penalty.
Amended by Acts 1968, No. 434, §1; Acts 1975, No. 134, §1; Acts 2009, No. 24, §8C, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1771. Prohibition of importation of plants from area prohibiting importation from Louisiana

RS 3:1771 - Prohibition of importation of plants from area prohibiting importation from Louisiana
In order to provide a system of reciprocal quarantines or embargoes between this state and other states, territories, and foreign countries, it shall be unlawful for any person, firm or corporation to ship or transport into this state, or to sell, deal in, or handle in any manner within this state, any agricultural or horticultural plant or plant product from any state, territory, or foreign country which prohibits the shipment from this State of any such agricultural or horticultural plant or plant product by reason of quarantine or embargo of any kind or nature.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1772. Responsibility for law enforcement

RS 3:1772 - Responsibility for law enforcement
The commissioner of agriculture and forestry and the state entomologist shall carry out all provisions of the law relative to pests and diseases affecting agricultural and horticultural plants and plant products and quarantines and embargoes resulting therefrom.
Acts 2009, No. 24, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1773. Duty to prosecute violators

RS 3:1773 - Duty to prosecute violators
The Attorney General and district attorneys, whenever called upon to do so by the commissioner or entomologist or upon judicial affidavit of any responsible citizen and presented with evidence of a violation of this Part, shall prosecute the person, firm, or corporation charged with a violation hereof.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1774. Liability of principal

RS 3:1774 - Liability of principal
In construing and enforcing the provisions of this Part, the act of, or violation hereof by, any official, agent, or other person acting for or employed by any person, firm, corporation, or other principal within the scope of his employment or office, in every case is the act or violation of such person, firm, corporation, or other principal as well as that of the individual violator.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1791. Chinese tallow; declaration as a noxious plant; destruction

RS 3:1791 - Chinese tallow; declaration as a noxious plant; destruction
The Chinese tallow (sapium sebiferum) is hereby recognized as a noxious plant harmful to growth and development of beneficial plants and pasture and may be destroyed wherever found in this state.
Acts 1995, No. 497, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1821. §§1821 to 1832 Repealed by Acts 1982, No. 198, §6, eff. Jan. 1, 1983.

RS 3:1821 - §§1821 to 1832 Repealed by Acts 1982, No. 198, §6, eff. Jan. 1, 1983.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:2004. Scrub bull defined

RS 3:2004 - Scrub bull defined
For the purpose of this Part the term "scrub bull" means any bull not entitled to pedigree or registration, as such terms are ordinarily understood in registry associations, societies, or companies recognized by the United States Department of Agriculture and approved by the Louisiana Board of Animal Health.
Acts 2012, No. 811, §1, eff. July 1, 2012.