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2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3244. Certification of pesticide salespersons

RS 3:3244 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3245. Licensing of pesticide dealers

RS 3:3245 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3248. Direct supervision

RS 3:3248 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3249. Examinations

RS 3:3249 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3250. Applications

RS 3:3250 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3251. Fees

RS 3:3251 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3253. Notice

RS 3:3253 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3254. Special exemptions for certain applications and recommendations of pesticides

RS 3:3254 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3255. Complaints

RS 3:3255 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3256. Exemptions

RS 3:3256 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3257. Reciprocal agreements

RS 3:3257 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3271. Administration

RS 3:3271 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3272. Cooperative agreements

RS 3:3272 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3274. Determinations

RS 3:3274 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3275. Investigations

RS 3:3275 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3276. Public participation

RS 3:3276 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3277. Orders and communications

RS 3:3277 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3278. Enforcement

RS 3:3278 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3279. Violations

RS 3:3279 - 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.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3301. Legislative findings

RS 3:3301 - 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.}}
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3302. Definitions

RS 3:3302 - 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 Energy and 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; Acts 2023, No. 150, §1, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3303. Administration

RS 3:3303 - 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 shall employ such personnel as are necessary to administer the provisions of this Part.
Added by Acts 1988, No. 349, §1.
{{NOTE: SEE ACTS 1988, No. 349, §§2, 3.}}
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3305. Monitoring

RS 3:3305 - Monitoring
The commissioner shall establish a program for monitoring the waters of the state for the purpose of determining the levels of pesticides in those waters. The provisions of this Part shall not preclude or prevent the monitoring of the waters of the state by any other agency.
Added by Acts 1988, No. 349, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3306. Determinations

RS 3:3306 - Determinations
A. When the commissioner determines that the concentrations of pesticides in any of the waters of the state exceed promulgated federal or state standards, or when the commissioner determines that the concentrations of pesticides in any of the waters of the state 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) The purpose or purposes for which the affected waters are used.
(11) Other criteria established by the commissioner by rule.
Added by Acts 1988, No. 349, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3307. Investigations

RS 3:3307 - Investigations
A. The commissioner may investigate any circumstances relating to the presence of pesticides in the waters of 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. 3:3306.
B. In connection with any investigation conducted under Subsection A of this Section, the commissioner may take the following actions:
(1) The commissioner may enter, during working hours, any property or premises within which the commissioner has reason to believe are located any affected waters or any substance which has caused or is causing any waters of the state to be affected.
(2) The commissioner may take samples of any affected water, or of any substance which has come in contact with the affected water, or of any substance which has caused or is causing any waters of the state to be affected.
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 affected water 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 1988, No. 349, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3308. Orders and communications

RS 3:3308 - Orders and communications
When the commissioner makes a determination under the provisions of R.S. 3:3306, the commissioner may take one or more of the following actions:
(1) The commissioner may issue appropriate protective orders to mitigate the further contribution to the accumulation of the pesticide or pesticides. The protective order may limit, restrict, or prohibit any application of a pesticide in the area where the application of the pesticide would contribute to the accumulation of the pesticide or pesticides.
(2) The commissioner may participate in issuing 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 waters of the state to be affected. Each remedial order shall be issued in accordance with a cooperative agreement with the appropriate governmental agency entered into under the provisions of this Part.
(3) The commissioner may communicate his determination to any appropriate governmental agency.
(4) The commissioner may 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 1988, No. 349, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3309. Enforcement

RS 3:3309 - 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 violation pursuant to an adjudicatory hearing held in accordance with the provisions of Section 3214 of this Chapter.
Added by Acts 1988, No. 349, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3363. Structural Pest Control Commission

RS 3:3363 - Structural Pest Control Commission
A. The Structural Pest Control Commission is hereby created within the Department of Agriculture and Forestry. The commission shall be domiciled in Baton Rouge.
B. The commission shall be composed of the following five members:
(1) Two persons who are licensed structural pest control operators appointed by the commissioner from a list of four licensed pest control operators submitted by the Louisiana Pest Control Association. Each appointee shall be a resident of this state and shall be actively engaged in structural pest control work. The two appointments shall not be associated with the same business entity.
(2) One member of the faculty of the Entomology Department at Louisiana State University who shall be appointed by the commissioner.
(3) The commissioner and the assistant commissioner for agricultural and environmental sciences of the Louisiana Department of Agriculture and Forestry, or their designees, who shall serve ex officio and shall have all of the same rights and responsibilities as the appointed members.
C. The appointed members shall serve at the pleasure of the appointing commissioner for terms concurrent with that of the appointing commissioner. Appointed members shall serve until their successors are appointed and qualified. Vacancies in the terms of the appointed members shall be filled in the same manner as the original appointment.
D. Three members shall constitute a quorum for the transaction of business. Except as otherwise specifically provided in R.S. 3:3372(B), all official actions of the commission shall require the affirmative vote of three members.
E. The appointed members shall be subject to removal for nonperformance of duty or malfeasance in office.
F. Members of the commission shall not receive any salary for their duties as members. The appointed members may receive a per diem for each day spent in actual attendance of meetings of the commission. The amount of the per diem shall be fixed by the commission in an amount not to exceed forty dollars. The appointed members may receive a mileage allowance for mileage traveled in attending meetings. The mileage allowance shall be fixed by the commission in an amount not to exceed the mileage rate for state employees.
G. The commission shall meet quarterly and may meet on the call of the chairman or any two members. The commission shall not meet more than twelve times in any calendar year.
H. Each appointment by the commissioner shall be submitted to the Senate for confirmation.
Acts 1984, No. 800, §1, eff. July 13, 1984; Acts 1997, No. 1032, §1; Acts 2008, No. 920, §1, eff. July 14, 2008.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3364. Officers and employees

RS 3:3364 - Officers and employees
A. The commissioner or his designee shall serve as chairman of the commission. The members shall elect such other officers as they deem necessary.
B. The commission shall employ a director and an assistant director who shall be appointed by the commission subject to the approval of the commissioner. The director and the assistant director shall be in the unclassified service. The commissioner may employ such other personnel of the commission as he deems appropriate. All employees of the commission shall be under the direction and supervision of the commissioner.
Acts 1984, No. 800, §1, eff. July 13, 1984.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3365. Administration

RS 3:3365 - Administration
A. The commission shall administer the provisions of this Part and the rules and regulations adopted under the provisions of this Part.
B. The commission shall keep a record of all hearings held and all determinations made by the commission.
C. The employees of the commission shall have access to any premises where there is reason to believe that structural pest control work is being conducted for the purpose of sampling pesticides and inspecting and observing the application of any pesticide. This right of access shall be exercised only during reasonable hours and only upon presentation of proper credentials.
D. The commission shall develop and administer all examinations required under this Part.
E.(1) The commission may issue subpoenas to compel the attendance of witnesses or the production of documents and records anywhere in the state.
(2) The sheriff of the parish in which the witness or the documents or records are located shall serve the subpoenas.
Acts 1984, No. 800, §1, eff. July 13, 1984; Acts 2012, No. 147, §1, eff. May 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3366. Administrative rules

RS 3:3366 - Administrative rules
A. The commission shall adopt rules and regulations for the implementation of this Part. The rules and regulations shall include, but shall not be limited to:
(1) Rules and regulations to protect the interests, health, safety, and welfare of the public.
(2) Rules and regulations governing the different phases of the structural pest control operator's license.
(3) Rules and regulations to provide minimum specifications for the application of pesticides for the control of specific structural pests.
(4) Rules and regulations governing the transportation and handling of pesticides and pesticide applicating equipment.
(5) Rules and regulations governing the treatment of pesticide residues and the handling and disposal of solid wastes generated in the course of structural pest control work.
(6) Any other rules and regulations required for the implementation and administration of this Part.
B. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act and the following special provisions:
(1) The commission shall conduct a public hearing on all proposed rules and regulations.
(2) The commission shall notify each licensee in writing at his or her last known address at least seven days prior to any public hearing. Such notification may be sent by electronic mail.
(3) Repealed by Acts 2010, No. 495, §2, June 24, 2010.
C. Persons engaged in structural pest control work shall be governed exclusively by the rules and regulations adopted by the commission. If the rules and regulations adopted by the commission conflict with any rules or regulations adopted by any other agency, including but not limited to the Department of Energy and Natural Resources, the Department of Environmental Quality, or the Department of Public Safety and Corrections, the rules and regulations adopted by the commission shall prevail.
Acts 1984, No. 800, §1, eff. July 13, 1984; Acts 2010, No. 495, §§ 1,2, eff. June 24, 2010; Acts 2023, No. 150, §1, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3367. Place of business permit

RS 3:3367 - Place of business permit
A. No person shall own or operate a business engaged in structural pest control work unless that person has a place of business permit for each location at which the person conducts business.
B. Each place of business permit shall expire annually on the last day of June.
C. Prior to being issued a place of business permit, each applicant shall file with the commission the following documents as evidence of financial responsibility:
(1) A certificate of insurance written by an admitted or nonadmitted insurance company which has complied with the requirements of the Insurance Code, covering the applicant's public liability for not less than two hundred and fifty thousand dollars per accident and not less than one hundred thousand dollars property damage. The certificate of insurance shall provide for ten days written notice to the commission prior to cancellation.
(2) A surety or fidelity bond issued by a bonding, surety, or insurance company authorized to do business in this state conditioned upon the faithful performance of all duties and obligations to clients and customers of the business and compliance with this Part and the rules and regulations adopted under the provisions of this Part. The bond shall be in the amount of two thousand dollars and of tenor and solvency acceptable to the commission and shall provide for ten days written notice to the commission prior to cancellation. A certified copy of the bond shall be received as evidence in any court in lieu of the original.
D. Each applicant for a place of business permit shall be a licensed structural pest control operator or shall employ at least one full-time licensed pest control operator. No place of business permit shall be issued by the commission unless there is a licensee employed on a full-time basis at the place of business for which the permit is sought.
E. If a person who holds a place of business permit no longer has a license or no longer employs a person who has a license on a full-time basis, the person who holds the place of business permit shall have ninety days or until the next meeting of the commission, whichever is longer, to obtain a license or to employ a person who has a license on a full-time basis.
F. Each person who holds a place of business permit shall maintain accurate records for at least three years covering the possession, use, and disposition of restricted use pesticides and of all recommendations relative to the application of restricted use pesticides.
G. Place of business permits are not transferable.
Acts 1984, No. 800, §1, eff. July 13, 1984; HCR 259, 1985 R.S.; Acts 1986, No. 300, §1; Acts 2012, No. 147, §1, eff. May 14, 2012.
{{NOTE: SEE ACTS 1984, No. 800, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3370. Written contracts

RS 3:3370 - Written contracts
A.(1) Each person who holds a place of business permit who treats any property for subterranean termites, dry wood termites, powder post beetles, or old house borers shall enter into a written contract with the owner of the property. This contract shall be referred to as a "standard contract". The contract shall be in a form acceptable to the commission, shall guarantee that the property was treated in accordance with the minimum specifications adopted by the commission for the type of pest being treated, and shall guarantee that if the property becomes reinfested with the type of pest for which treatment was made within one year of the date of treatment, the property will be retreated.
(2) Any currently effective standard contract and all terms and conditions contained therein shall be transferable to a subsequent owner of the property covered by such contract.
(3) Each person who holds a place of business permit shall issue a copy of any standard contract currently in effect to the owner of the treated property or to an agent of the property owner within thirty days of receiving a written request.
B. Each person who holds a place of business permit shall report to the commission on or before the tenth day of each month each contract described in Subsection A of this Section which was completed during the previous month.
C. Each person who holds a place of business permit and who issues a report on the presence of wood destroying insects, which is customarily referred to as a "wood destroying insect report", shall issue the report in writing and in a form which has been approved by the commission.
D. Each person who holds a place of business permit shall report to the commission on or before the tenth day of each month each report described in Subsection C of this Section which was issued during the previous month. The commission by rule may require each person who files a report to attach a copy of each wood destroying insect report.
E. All information and all documents transmitted to the commission in accordance with the requirements of this Section shall be confidential and shall be exempt from the Public Records Law, R.S. 44:1 et seq. The commission may discard or destroy all documents received under the provisions of this Section after ninety days.
Acts 1984, No. 800, §1, eff. July 13, 1984; Acts 1988, No. 148, §1; Acts 2001, No. 551, §1.
{{NOTE: SEE ACTS 1984, No. 800, §5.}}
{{NOTE: SEE ACTS 1988, No. 148, §§2, 3, & 4.}}
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3373. Criminal penalties

RS 3:3373 - Criminal penalties
A. No person shall engage in any aspect of structural pest control work without first obtaining the proper permit, license, or registration.
B. Whoever violates the provisions of this Section shall be imprisoned for not more than six months, or fined not more than five hundred dollars, or both.
Acts 1984, No. 800, §1, eff. July 13, 1984.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3375. Disposition of fees

RS 3:3375 - Disposition of fees
A.(1) Subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, all money received by the commission from fees or other self-generated sources shall be deposited immediately upon receipt in the state treasury and shall be credited to the Bond Security and Redemption Fund.
(2) 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 into a special fund which is hereby created in the state treasury and designated as the Structural Pest Control Commission Fund. The monies in the Structural Pest Control Commission Fund shall be used solely for the programs and purposes of the commission and only in the amounts appropriated each year by the legislature.
B. Out of the monies appropriated each year to the commission, the commission shall allocate at least thirty thousand dollars to the Louisiana State University Agricultural Experiment Station for research. The allocation shall be made at least biannually. The commission shall appoint a committee composed of the commissioner or his designee, the chancellor of the Louisiana State University Agricultural Center or his designee, the director of the Louisiana State University Agricultural Experiment Station or his designee, the president of the Louisiana Structural Pest Control Association, the executive director of the Louisiana Pest Control Association, and three licensed pest control operators. This committee shall make recommendations to the commission on what research is needed. Committee members shall be appointed for terms concurrent with that of the commissioner. The commission shall determine the areas in which the research shall be conducted and shall review research progress at an annual meeting. At the end of each fiscal year, all unexpended funds which were allocated under the provisions of this Section shall revert to the Structural Pest Control Commission Fund.
Acts 1984, No. 800, §1, eff. July 13, 1984; Acts 1988, No. 148, §1; Acts 1991, No. 95, §1, eff. Jan. 13, 1992; Acts 1997, No. 1032, §1; Acts 2023, No. 335, §1.
{{NOTE: SEE ACTS 1988, No. 148, §§2, 3, & 4.}}
{{NOTE: SEE ACTS 1991, No. 95, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3376. Exemptions

RS 3:3376 - Exemptions
The provisions of this Part and the rules and regulations adopted under the provisions of this Part shall not apply to the following:
(1) Persons personally performing structural pest control work on property which they own, lease, or rent.
(2) Persons engaged in the manufacture of pesticides.
(3) Persons engaged in the sale or distribution of pesticides. Notwithstanding this exemption, no person who sells pesticides at retail shall demonstrate pesticides in any manner upon the premises of any customer or potential customer, make any recommendation relative to the use of the pesticides, or offer any services related to structural pest control work unless that person has the proper permit, license, or registration.
Acts 1984, No. 800, §1, eff. July 13, 1984.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3381. Policy; purpose

RS 3:3381 - Policy; purpose
The legislature finds that the exposure of school children to pesticides poses known and, as of yet, unknown risks to their health and well-being. Providing controls on the application of these pesticides will help to ensure the safety and well-being of children in the state.
Acts 1993, No. 729, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3382. Definitions

RS 3:3382 - Definitions
As used in this Part, the following terms shall have the following meanings ascribed to them:
(1) "Least toxic method" means an integral part of an integrated pest management plan and is a combination of common sense practices that use current, comprehensive information on the life cycles of pests and their interactions with the environment, in combination with available pest control methods used to manage pest damage by the most economical means with the least possible hazard to people, property, and the environment.
(2) "Pest" means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism in living humans or other living animals, which the commissioner declares to be a pest, other than mosquitos.
(3) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest and any substance or combination of substances intended for use as a plant regulator, defoliant, desiccant, or any substance the commissioner of agriculture and forestry or his duly authorized representative acting at his direction determines to be a pesticide.
(4) "School" means any public or private day or residential school that provides pre-kindergarten, elementary, or secondary education.
Acts 1993, No. 729, §1; Acts 1995, No. 237, §1; Acts 2015, No. 311, §1.