reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4631. Oyster labeling and packaging; sale of shell stock oysters

RS 3:4631 - Oyster labeling and packaging; sale of shell stock oysters
A. Oyster meats may be sold by fluid volume or net drained weight at wholesale or retail. Oyster meats may also be sold by count at retail but only at the time of final sale. Prepackaging of oysters being sold by count is prohibited unless the prepackaged item itself is labeled with the net weight of oyster meat contained in such package.
B. Shell stock oysters shall be sold by volumetric measure, weight, or count. All oysters sold by volumetric measure, weight, or count shall be market size and wholesome.
C. Oysters removed from the shell shall be labeled clearly by volume or weight.
D. Any person packaging, labeling, or distributing shucked oysters shall follow the guidelines set forth in the NIST Handbook 130 adopted by the National Conference on Weights and Measures.
E. Oysters shall be shucked and prepackaged only in facilities which are certified by the Louisiana Department of Health.
F. This Section shall not apply to those oysters which are shucked in a restaurant for immediate consumption on the premises.
Acts 1992, No. 55, §1; Acts 1995, No. 379, §1; Acts 2004, No. 213, §1; Acts 2014, No. 217, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4632. Inspection and stamping of basket

RS 3:4632 - Inspection and stamping of basket
Each basket may be inspected by the commissioner as provided for in Part I of Chapter 30 of Title 3 and the accuracy of the measure stamped thereon.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4633. Inspection of mini-sacks, sacks, and barrels; standards contents

RS 3:4633 - Inspection of mini-sacks, sacks, and barrels; standards contents
A. The department may also inspect the sacks and barrels in which the oysters arrive.
B. Each mini-sack of oysters shall contain one-half bushel; each sack of oysters shall contain one and one-half bushels; and each barrel shall contain three bushels. Mini-sacks, sacks, and barrels shall contain correct measurements at the time of delivery to the consignee, buyer, or importer and at the time of delivery to any subsequent buyer after arrival.
Acts 1992, No. 55, §1; Acts 2018, No. 172, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4634. Duty of having baskets and oysters inspected

RS 3:4634 - Duty of having baskets and oysters inspected
All buyers, sellers, importers, and exporters of oysters may, upon arrival have their baskets inspected and stamped and the oysters inspected and measured, in accordance with R.S. 3:4632 and 4633.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4635. Powers of inspectors

RS 3:4635 - Powers of inspectors
The inspecting officer may board any boat arriving with oysters in order to make the inspection and measurement provided by this Subpart and to ascertain the number of sacks, barrels, and baskets arriving and the names and addresses of the sellers, exporters, consignors, buyers, importers, and consignees of the oysters to be inspected and measured and the quantity consigned to each buyer, importer, and consignee, and any other information necessary to perform the duties imposed upon him by law. The owner or other person in charge of the boat or of its manifest shall produce the manifest and allow him to examine it, if he so demands.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4637. Penalty

RS 3:4637 - Penalty
A. A violator of any provisions of this Subpart or of any rule or regulation adopted under the provisions of this Subpart shall be subject to a civil penalty of not more than five hundred 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 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 Subpart, or of the rules and regulations adopted under the provisions of this Subpart, in the district court for the parish in which the violation occurred.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4641. Standard rule for measuring saw logs

RS 3:4641 - Standard rule for measuring saw logs
A. The standard rule or scale for the measurement of saw logs in this state is the Doyle Log Rule.
B. The procedure for using the Doyle Log Rule is as follows:
Deduct four inches from the top diameter of the log inside the bark as an allowance for slab and edging. Square one-quarter of the remainder and multiply by the length of the log in feet. The result is the contents in board feet.
C. The formula and values for the Doyle Log Rule are as follows:
(1) The formula is:
B.F.=((D-4)/4)2 x L
(2) The values for the elements of the formula are as follows:
(a) "B.F." is the volume in board feet.
(b) "D" is the top diameter of the log inside the bark in inches.
(c) "L" is the length of the log in feet.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4642. Use of any other rule or scale; penalty

RS 3:4642 - Use of any other rule or scale; penalty
A. No person shall compute the measurement of saw logs for severance tax purposes or for settlement of disputes by any other rule or scale than the Doyle Log Rule.
B. Whoever violates the provisions of this Section shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned for not less than sixty days, nor more than one year, or both.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4651. Weight determination procedures

RS 3:4651 - Weight determination procedures
A. Any processor engaged in the processing, handling, storing, preparing, manufacturing, packing, or holding of farm-raised catfish or catfish products shall weigh the catfish or catfish products as they are unloaded from the live haul truck at the processing plant.
B. All water shall be drained from the weighing baskets before the catfish or catfish products are weighed. No deductions for water in the weighing baskets shall be made.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4652. Weighing devices

RS 3:4652 - Weighing devices
A. A weighing device which has been approved by the department and which is of a type suitable for the weighing of farm-raised catfish or catfish products shall be used.
B. The weighing ticket shall include but is not limited to the following:
(1) The name and address of the processor.
(2) The name of the producer of the catfish or catfish products being weighed.
(3) The date the catfish or catfish products are weighed.
(4) The signature of the individual who weighed the catfish or catfish products.
(5) Any additional information the commissioner of agriculture and forestry deems necessary for the lawful and accurate recording of the weight of farm-raised catfish or catfish products.
C. Copies of all weight tickets shall be furnished to the producers along with settlement sheets.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4661. Count determinations for shrimp

RS 3:4661 - Count determinations for shrimp
Shrimp may be sold by count if the size of the shrimp in a container is within the specified count size listed on the container or invoice. Except as otherwise provided by this Section, shrimp shall be sold in accordance with the provisions of R.S. 3:4615.
Acts 2001, No. 394, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4671. Sale at retail of petroleum products; failing to meet specifications prohibited

RS 3:4671 - Sale at retail of petroleum products; failing to meet specifications prohibited
No person shall sell at retail any petroleum product in a manner that fails to comply with law or regulations promulgated by the commissioner. The commissioner's authority to promulgate such regulations is conferred hereby. Nothing in this Subpart shall be construed as regulating the purchase or sale of petroleum products as medicants, germicides, insecticides, or cleaning fluids.
Acts 2003, No. 139, §1, May 28, 2003; Acts 2004, No. 47, §1, eff. May 21, 2004.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4673. Petroleum product specifications

RS 3:4673 - Petroleum product specifications
A. Each type of petroleum product governed by this Subpart and sold or distributed in Louisiana shall meet the specifications established by the commissioner, in regulations promulgated in accordance with this Subpart, for that type of petroleum product.
B. The specifications established by the commissioner shall, at a minimum, conform to the following:
(1) All requirements imposed by federal law or regulations.
(2) Labeled octane, volatility, and other requirements established by the American Society for Testing and Materials, the National Institute of Standards and Technology, their successors, or any other federal or nonprofit agency that prepares and issues nationally recognized standards for establishing octane, volatility, and other requirements for petroleum products.
C. No person shall sell any petroleum product which does not meet the specifications adopted by the commissioner in accordance with this Section unless authorized by the commissioner in regulations promulgated by him.
Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4674.1. Biodiesel production; restaurant waste fats, oils, and grease

RS 3:4674.1 - Biodiesel production; restaurant waste fats, oils, and grease
A. As provided in R.S. 3:4674, the production and use of renewable fuels, including biodiesel, in Louisiana is vital to the economy and environment of Louisiana. To further encourage and promote the production of biodiesel and avoid the unnecessary disposal of material that otherwise could be beneficially used within this state, the legislature hereby finds and declares that waste fats, oils, and grease generated by Louisiana restaurants should be used to produce biodiesel within Louisiana.
B. For purposes of this Section, the following terms shall have the meanings hereinafter ascribed to them unless the context clearly indicates otherwise:
(1) "Biodiesel" means bio-diesel as defined in R.S. 3:4674(B)(2).
(2) "Restaurant" means a food preparation establishment, including but not limited to a coffee shop, cafeteria, sandwich stand, fast food restaurant, or school cafeteria, that gives or offers for sale food to the public, guests, or employees, as well as a kitchen or catering facility in which food is prepared on the premises for serving elsewhere.
(3) "Waste fats, oils, and grease" means waste fats, waste cooking oils, grease trap wastes, and the like that are produced in restaurants.
C. Restaurants shall be encouraged to provide their waste fats, oils, and grease to biodiesel manufacturers. Moreover, restaurants shall be encouraged to gather, process, and store their waste fats, oils, and grease in a manner that facilitates the use of such waste fats, oils, and grease in the production of biodiesel.
D. The commissioner shall study and monitor the production of biodiesel within the state. When the annual capacity of biodiesel production facilities in Louisiana reaches twenty-five million gallons, the commissioner shall provide notice to all restaurants within the state, informing them that the annual capacity of biodiesel production facilities in Louisiana has reached twenty-five million gallons. In such notice, the commissioner shall further encourage each restaurant within this state to provide its waste fats, oils, and grease either directly to a biodiesel manufacturer or to a third party who shall provide such waste fats, oils, and grease to a biodiesel manufacturer. The notice shall be provided by posting a copy of such notice on the department's website and mailing a copy of such notice to the Louisiana Restaurant Association. The Louisiana Restaurant Association, may disseminate the commissioner's notice to Louisiana restaurants in such manner as it deems appropriate.
Acts 2009, No. 217, §1, eff. June 30, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4675. Containers or pumps from which petroleum products not conforming to specifications are sold, to be labeled

RS 3:4675 - Containers or pumps from which petroleum products not conforming to specifications are sold, to be labeled
If any petroleum product which does not conform to the minimum specifications adopted by the commissioner in accordance with this Subpart is sold or dispensed in this state, the container or pump from which the petroleum product is to be dispensed shall be clearly, distinctly, and conspicuously labeled.
Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4678. Commissioner may take samples

RS 3:4678 - Commissioner may take samples
The commissioner is authorized to take samples of all petroleum products and all substitutes for such petroleum products offered for sale, consumption, or distribution in this state. These samples may be taken from any commercial weighing or measuring device used in the sale or distribution of petroleum products, or from vehicle tanks used in the transporting of such products, or from any storage tank containing petroleum products intended for distribution, sale, or consumption in Louisiana.
Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4679. Record of products sold

RS 3:4679 - Record of products sold
Each dealer, distributor, or importer shall keep a full and complete record of petroleum products received, used, sold, or delivered within this state by him, together with invoices, bills of lading, and other pertinent records and papers as may be required by the commissioner for the reasonable administration of this Subpart until the taxes to which they relate have prescribed. All such records shall be opened for inspection to the commissioner at all reasonable hours. Each dealer, distributor, or importer that willfully and knowingly violates this Section by failing to provide such records may be subject to a fine of up to five thousand dollars.
Acts 2003, No. 139, §1, eff. May 28, 2003; Acts 2016, No. 53, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4680. Commissioner, powers and duties

RS 3:4680 - Commissioner, powers and duties
The commissioner is authorized to establish rules and regulations not inconsistent with the provisions of this Subpart for the purpose of properly enforcing this Subpart. It shall be his duty to faithfully and impartially enforce the provisions of this Subpart, and, for that purpose, he shall have full access, ingress and egress at all reasonable hours to any place where petroleum products are stored, transported, sold, or offered for sale. He is also authorized to open and inspect any case, package, or other container, tank, pump, vehicle tank, or storage tank. He may enter upon any barge, vessel, or other vehicle of transportation, and may take samples from any vehicle tank, not exceeding two litres or one-half gallon per sample, for analysis. He may, with instruments conforming to the weights and measures adopted by him in accordance with this Chapter, check any commercial weighing or measuring device or the volume or weight of contents of any tank, pump, vehicle tank, storage tank, or any other type of container. He is also authorized to inspect all books and records of manufacturers, common or contract carriers, or distributors of petroleum products which may be necessary for the proper enforcement of this Subpart. The commissioner is also authorized to deputize from time to time any sheriff, deputy sheriff, marshal, or other like officer in the state to take a specific sample, whose duty it shall be to send or deliver to the commissioner the sample taken.
Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4681. Analysis of petroleum products

RS 3:4681 - Analysis of petroleum products
The commissioner is authorized to prescribe reasonable rules and regulations and to employ the necessary methods for the proper testing and analyzing of all petroleum products sold or distributed for sale, use, or consumption in the state. To that end he is given all the power and authority conferred under this Chapter. All testing and analyzing shall be done in accordance with the procedures established by regulations adopted by the commissioner. The procedures adopted by the commissioner shall be based upon the procedures and standards established by the American Society for Testing and Materials, their successors, or any other federal or nonprofit agency that prepares and issues nationally recognized standards for weights, measures, and weighing and measuring devices or nationally recognized standards for establishing octane, volatility, and other requirements for petroleum products.
Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4682. Products not conforming to specifications, duty of commissioner

RS 3:4682 - Products not conforming to specifications, duty of commissioner
A. When the analysis of a sample of a petroleum product taken in conformity with the provisions of this Subpart discloses that the product from which the sample was taken does not conform to the specifications fixed by the commissioner it is the duty of the commissioner to immediately serve notice on the manufacturer, distributor or seller that the product must not be sold in the state. If the petroleum product is in the process of transportation and has not yet been delivered to the consignee or retailer, the commissioner may immediately notify the consignor of the result of the test and instruct said consignor to withdraw the product from sale in this state. Failure on the part of the consignor to obey these orders shall constitute a violation of this Subpart.
B. If the petroleum product is not in the process of transportation, but is exposed or offered for sale or distribution, the commissioner may, by written notice, suspend the sale or distribution of this product. The retailer or distributor upon whom a notice of suspension is served, is prohibited from doing business in the sale or distribution of this product until formally released by order of the commissioner. The order of suspension given by the commissioner must apply only to that product and cannot be extended to cover other petroleum products sold or distributed by a retail dealer or distributor which are found to conform to specifications fixed under the provisions of this Subpart.
Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4683. Commissioner may seal pumps, etc., used in selling products not conforming to Subpart; interference with commissioner

RS 3:4683 - Commissioner may seal pumps, etc., used in selling products not conforming to Subpart; interference with commissioner
The commissioner has authority to placard or seal any pump, tank or container used or useful in dispensing petroleum products not conforming to the provisions of this Subpart, and no person shall deface or remove any condemnation placard or seals posted or placed by the commissioner, or in any manner interfere with or obstruct the commissioner in the discharge of his duties under the provisions of this Subpart.
Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4684. Fee to be collected for testing, etc.

RS 3:4684 - Fee to be collected for testing, etc.
A. For the purpose of defraying the expenses connected with the inspection, testing, and analyzing of petroleum products in this state and enforcement of this Chapter, there shall be collected by the secretary of the Department of Revenue a fee of four thirty-seconds of one cent per gallon on all petroleum products except liquefied petroleum gas and compressed or liquefied natural gas, distributed, sold, or offered or exposed for sale or use or consumption in the state or used or consumed in the state which shall be paid before delivery to agents, dealers, or consumers in the state. The fee provided for in this Subsection does not include liquefied petroleum gas, natural gas, or bulk sale or transfers. Excluding bulk sales or transfers, the fee will be imposed upon the removal from an Internal Revenue Service-approved terminal using the terminal rack. The position holder shall collect the fee imposed from the person who orders the withdrawal at the terminal rack. Exports out of the state shall not be subject to the fee. A fee is also imposed on the above-referenced fuel upon import to the state excluding bulk sale or transfer for delivery within the state. This fee shall be paid by the first importer. However, no fee shall be due on fuels that are eligible for tax refunds under the provisions of R.S. 47:818.15(A)(5) or that are sold for use in or distributed to seagoing vessels as defined in R.S. 3:4602.
B. The secretary of the Department of Revenue is authorized to seize and hold these products on which the fee has not been paid until such time as the fee has been paid. Any expense incurred in the seizure and holding of any product so seized shall be assessed in addition to the fee and collected at the same time the fee is collected.
Acts 2003, No. 139, §1, eff. May 28, 2003; Acts 2004, No. 47, §1, eff. May 21, 2004; Acts 2005, No. 252, §3, eff. July 1, 2006; Acts 2015, No. 147, §2, eff. July 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4685. Petroleum Products Fund; disposition of funds

RS 3:4685 - Petroleum Products Fund; disposition of funds
A. All assessments, fees, penalties, and all other funds received under the provisions of this Subpart shall be disposed of in accordance with the following provisions:
(1) All assessments, fees, penalties, and all other funds received by the secretary of the Department of Revenue, the commissioner or the department under the provisions of this Subpart, subject to 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 into the state general fund, shall pay an amount equal to the total amount of funds paid into the state treasury by the secretary of the Department of Revenue, the commissioner or the department under the provisions of this Subpart into a special fund which is hereby created in the state treasury and designated as the Petroleum Products Fund.
(3) All unexpended and unencumbered monies in the fund at the end of each fiscal year shall remain in the Petroleum Products 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 Subpart as determined by the commissioner.
(2) To fund any and all costs related to the inspection, regulation, and analysis of petroleum products, any commercial weighing or measuring device used in the distribution, handling or sale of petroleum products and enforcement of this Chapter.
Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4686. Forfeiture of right to do business because of violation of Subpart

RS 3:4686 - Forfeiture of right to do business because of violation of Subpart
Whoever violates the provisions of this Subpart or of any rule or regulation adopted under the provisions of this Subpart, may, in addition to any civil penalty that may be imposed by the commissioner under this Subpart, for the first and second offense, forfeit the right, for not less than one week nor more than six months, to continue or to engage in the business of buying, selling, or distributing petroleum products at the place of business involved. For any subsequent offense, the offender may forfeit the right to engage in said business for not less than three months nor more than twelve months. This forfeiture shall extend only to the individual guilty of the offense, unless the individual is acting as an agent for a principal who knew of and participated in the violation, or knowing of the violation, acquiesced therein. The forfeiture shall extend to the right to use the filling station and all tanks, pumps, containers or equipment for the same period of time for the first and second offense. However, if the dealer does not own the property or equipment, and is merely renting, leasing or borrowing it, or is acting as agent for another, the forfeiture will extend to the owner or principal only if the owner or principal knew, or had good reason to know, of the violation. The commissioner has authority on motion in court to take a rule against the dealer, to show cause in not less than two nor more than ten days, inclusive of holidays after the service thereof, why said dealer should not be ordered to cease from further pursuit of business as dealer for the aforesaid period. Violations of the injunction shall be considered as a contempt of court and punished according to law. These motions shall be tried out of term and in chambers, and always by preference.
Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4689. Labeling of lubricating oil

RS 3:4689 - Labeling of lubricating oil
A.(1) The legislature finds and declares that millions of gallons of used oil are generated each year in the state and that this oil is a valuable resource which can be used as an environmentally acceptable source of clean, re-refined product, among other uses.
(2) The legislature finds and declares that the disposal of automotive engine oil and other lubricants is very costly, creates hazards, and depletes the state's and the nation's dwindling supply of petroleum.
(3) It is the intent of the legislature to reduce the amount of used oil improperly disposed and increase the amount that is reused as a valuable product.
B. As used in this Section:
(1) American Petroleum Institute (API) engine oil service classifications are two letter classification performance ratings for which engine oils are designed.
(2) "Lubricating oil" includes any oil classified for the use in an internal combustion engine, hydraulic system, gear box, differential, wheel bearings, or other machinery.
(3) "Recycled oil" means any oil prepared from used oil, for energy recovery or reuse as a petroleum product, by reclaiming, reprocessing, re-refining, or other means to utilize properly treated used oil as a substitute for petroleum products.
(4) "Re-refined oil" means used oil which is refined to remove the physical and chemical contaminants acquired through use, which by itself or when blended with new lubricating oil or additives, meets applicable API and SAE service classifications.
(5) Society of Automotive Engineers (SAE) viscosity grade is the measure of an oil's resistance to flow at a given temperature.
(6) "Used oil" means any oil which has been refined from crude or synthetic oil and as a result of use, becomes unsuitable for its original purpose due to loss of original properties or presence of impurities, but which may be suitable for further use and may be economically recyclable.
C.(1) It shall be unlawful to sell, offer, or keep for sale any lubricating oils, lubricants, or mixtures of lubricants which are adulterated or falsely labeled.
(2) The label shall prominently display the API performance service classification and the SAE viscosity classification.
(3) Previously used oils or recycled oils that have or have not been re-refined shall be plainly labeled and sold as such. The labeling and advertising appearing on any container used to store a used or recycled lubricating oil shall be strictly in accord with the kind of product contained therein. The size of the letters on the front and back of the container should be consistent with those used in other wording found on the label.
(4) A person may represent a product made in whole or in part from re-refined oil to be substantially equivalent to a product made from virgin oil for a particular end use if the product conforms with the applicable API and SAE service classifications.
Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4690. Petroleum bulk sale of motor fuel, temperature adjusted volume required

RS 3:4690 - Petroleum bulk sale of motor fuel, temperature adjusted volume required
A. As used in this Section, the following words and phrases shall have the meaning hereinafter ascribed to them:
(1) "Gross gallons" are those gallons that have not been temperature adjusted.
(2) "Net gallons" are those gallons that have been temperature adjusted to sixty degrees Fahrenheit.
(3) "Petroleum product bulk sale" means a single sale of at least seven thousand gross gallons of a petroleum product made at a single place and time other than those sales made on a consignment basis.
(4) "Petroleum jobber" means any person, firm, corporation or association of persons:
(a) Who is a distributor or wholesaler of a petroleum product or who is the intermediate or middleman between the refiner and the retail dealer, the consumer, or another jobber; and
(b) Whose principal business is buying petroleum products for resale to retail dealers, consumers, or other jobbers.
(5) "Refiner" means any person engaged in the refining of crude oil to produce petroleum products and includes any affiliate of such person.
(6) "Retailer" is as defined in R.S. 51:421(A).
B.(1) Any refiner making a petroleum bulk sale of petroleum products to any retailer or petroleum jobber shall make the sale on a temperature adjusted volume basis of net gallons. The net gallons adjustment shall be made in accordance with "API/ASTM-IP Petroleum Measurement Table 6B" of the 1980 American Petroleum Institute's Manual of Petroleum Measurement Standards.
(2) The refiner shall provide the retailer or petroleum jobber with a receipt, invoice, or meter ticket specifying the petroleum product received and the following information:
(a) The gross gallons received.
(b) The temperature at the time of loading.
(c) The APA gravity.
(d) The net gallons purchased.
C. A retailer or petroleum jobber may bring a civil action against a refiner who violates a provision of Subsection B of this Section. The action may be brought, regardless of the amount in controversy, in the district court in any parish in which the refiner or the petroleum jobber or the retailer is doing business.
D. In an action under this Section, the court shall grant equitable relief, that may include a declaratory judgment, any permanent injunctive relief, or any temporary injunctive relief, that the court determines is necessary to remedy the effects of the refiner violation.
E. A retailer or petroleum jobber who prevails in an action brought under this Section shall be awarded the amount of actual damages and shall also be awarded court costs and reasonable attorney's fees in relation to the amount of work performed by the attorney.
F. In addition to any other remedy or damages provided for in this Section, if the court determines that the refiner willfully and knowingly violated the provisions of Subsection B of this Section, the court may award three times the amount of actual damages to the prevailing retailer or petroleum jobber.
Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4690.1. Enforcement of certain tax provisions

RS 3:4690.1 - Enforcement of certain tax provisions
Notwithstanding any provision of law to the contrary, the commissioner shall have the duty and authority to assist the secretary of the Department of Revenue in collecting the taxes and any interest or penalties due pursuant to the provisions of R.S. 47:818.111 et seq., and the provisions of this Subpart that are not inconsistent with this duty shall apply for such purposes. Subject to the oversight of the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs, the commissioner, in consultation with the secretary, shall promulgate rules pursuant to the Administrative Procedure Act to provide procedures and processes for the orderly regulation and enforcement of the laws governing taxation of compressed natural gas, liquefied natural gas, and liquefied petroleum gas.
Acts 2015, No. 147, §2, eff. July 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4691. Weight limits; sugar mill scales

RS 3:4691 - Weight limits; sugar mill scales
A. All sugar mills shall lock out their scales at one hundred thousand pounds gross vehicle weight per load of sugarcane.
B.(1) When a vehicle carrying a load of sugarcane exceeds the weight limit established in Subsection A of this Section, an amount of sugarcane equal to the excess gross weight shall be forfeited by the owner or producer of the sugarcane.
(2) No owner or producer of sugarcane shall be compensated for revenue derived from forfeited sugarcane.
(3) No hauler of sugarcane shall be compensated for hauling forfeited sugarcane.
C. The Department of Agriculture and Forestry shall certify the scales and conduct at least one random inspection of the scales during the harvest season each year.
D. The Department of Agriculture and Forestry shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, as are necessary to implement the provisions of this Section.
Acts 2003, No. 147, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4702. Legislative findings

RS 3:4702 - Legislative findings
A. The legislature finds that the terms "Cajun" and "Louisiana Creole" are terms that refer to the unique and distinctive culture and lifestyle that originated in, are connected with and have continued to flourish in a region within the state of Louisiana.
B. The legislature finds that the terms "Cajun" and "Louisiana Creole" when used in commerce in connection with goods, including agricultural goods, or services refer to and are generally recognized and accepted by Louisiana, national and foreign consumers as referring to, originating in or being substantially connected with the state of Louisiana and the unique and distinctive Cajun and Louisiana Creole cultures and lifestyles that originated in, are connected with and have continued to flourish in a region within the state of Louisiana.
C. The legislature finds that the use of the terms "Cajun" and "Louisiana Creole," when used in commerce in connection with goods, including agricultural goods, or services that do not originate in, are not substantially connected with, or are not substantially transformed in the state of Louisiana, or in or with that unique and distinctive Cajun and Louisiana Creole cultures and lifestyles that originated in, are connected with and have continued to flourish in a region within the state of Louisiana, are primarily geographically deceptively misdescriptive and are likely to cause confusion, mistake or deception as to the origin, sponsorship, affiliation, connection or approval of said goods or services in, by, with or of the state of Louisiana.
D. The legislature deems it appropriate and in the best interests of the state of Louisiana and its citizens to adopt, appropriate, and establish the terms "Cajun" and "Louisiana Creole" and any derivative or combination of either term as certification marks, to be owned by the state of Louisiana and to be used by others engaged in commerce to certify Louisiana as the geographical and regional origin of certain goods, including agricultural goods, or services that originate in, are substantially connected with or have been substantially transformed in the state of Louisiana; to limit the use of the certification marks to those goods, including agricultural goods, or services that originate in, are substantially connected with or have been substantially transformed in the state of Louisiana; and to protect said certification marks against misuse and infringement, in order to ensure that consumers are not deceived or confused as to the origin, sponsorship, affiliation, connection or approval of said goods or services in, by, with or of the state of Louisiana.
Acts 2006, No. 124, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4703. Adoption of certification marks

RS 3:4703 - Adoption of certification marks
The terms "Cajun," "Louisiana Creole," and any derivative or combination of either term are hereby adopted, appropriated and established by the legislature as certification marks to be owned by the state of Louisiana.
Acts 2006, No. 124, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4704. Allowable use of the terms "Cajun" and "Louisiana Creole"

RS 3:4704 - Allowable use of the terms "Cajun" and "Louisiana Creole"
No person shall, in commerce, advertise, sell, offer or expose for sale, distribute, package or in any other manner identify any services or goods as “Cajun” or "Louisiana Creole" unless: the services or goods originate in, are substantially connected with, or have been substantially transformed in the state of Louisiana; or the goods would qualify for the ten percent preference pursuant to R.S. 39:1595 for products produced, manufactured, assembled, grown, or harvested in Louisiana.
Acts 2006, No. 124, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4705. Enforcement

RS 3:4705 - Enforcement
A. Notwithstanding any other law to the contrary, the commissioner of agriculture is hereby authorized:
(1) To take any and all actions to enforce this Subpart in order to protect the terms "Cajun" and "Louisiana Creole" and any derivative or combination of either term as certification marks owned by the state of Louisiana.
(2) To take any and all actions to prevent misuse and infringement of the certification marks.
(3) To register, file, or otherwise record Louisiana’s claim to the certification marks in any state, national, or international office as may be required or desirable in order to give full force and effect to said certification marks.
B. In addition to the remedies provided in this Section, the commissioner of agriculture, when enforcing this Subpart, shall have all other remedies available to civil plaintiffs under law, including the right to seek injunctive relief.
Acts 2006, No. 124, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4711. Legislative findings

RS 3:4711 - Legislative findings
The legislature hereby finds and declares that the agricultural and seafood industries are of vital importance to this state, the livelihood of its farmers and fishermen, and to the sustenance of the life of its citizens. The legislature further finds that preserving Louisiana's agricultural and seafood industries can and does serve the following public purposes:
(1) Ensuring the viability of Louisiana's agricultural and seafood industries.
(2) Ensuring that Louisiana's farmers and fishermen can continue to provide agricultural and seafood products to the consumers of this state.
(3) Enhancing the economic well-being of this state by providing jobs and tax revenue.
Acts 2004, No. 58, §1, eff. Dec. 7, 2004; Acts 2006, No. 558, §1; Acts 2009, No. 24, §8M, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4721. Logo for state products

RS 3:4721 - Logo for state products
A. The Department of Agriculture and Forestry may develop and adopt an official logo for:
(1) Products grown, manufactured, or produced in Louisiana.
(2) Agricultural related activities conducted in Louisiana.
B. The logo may be registered as a trademark and appropriate steps may be taken to protect the logo from misuse or infringement.
C. The department may license the use of the logo and may adopt rules for determining which products and which growers, producers, or manufacturers will be allowed to use the logo.
D. The department by rule may establish fees to be charged for the use of the logo.
E. The department may spend funds to promote the logo.
F. Repealed by Acts 1997, No. 1116, §2.
Acts 1988, No. 325, §1; Acts 1997, No. 1116, §2; Acts 2009, No. 24, §§1, 8B, eff. June 12, 2009; Acts 2016, No. 329, §1, eff. June 2, 2016.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4722. Violations; penalties

RS 3:4722 - Violations; penalties
A. The commissioner may impose a civil penalty of up to five hundred dollars for each violation of this Subpart or of the rules and regulations adopted pursuant to this Subpart. Each day on which a violation occurs shall constitute a separate offense.
B. Civil penalties may be assessed only by a ruling of the commissioner based on an adjudicatory hearing held in accordance with the Administrative Procedure Act.
C. The commissioner may institute civil proceedings to enforce his rulings in the district court for the parish where the violation occurred.
Acts 2016, No. 329, §1, eff. June 2, 2016.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4732. Legislative findings

RS 3:4732 - Legislative findings
The legislature finds that aquaculture sales and consumption have increased worldwide and that the use of antibiotics or chemicals not approved for use in food-producing animals in the United States is permitted in aquaculture in other countries and that consumers of aquaculture in Louisiana should be provided clear information as to where the aquaculture product originates to protect the health and welfare of Louisiana consumers. The legislature further finds that food-misrepresentation or the passing off of less expensive aquaculture products as pricier aquaculture products to unknowing customers and retailers has become an issue in the marketplace and is a deceitful practice. Consumers and retailers should be informed of the country of origin and species of fish in the marketplace.
Acts 2009, No. 506, §1, eff. Nov. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4735. Penalties

RS 3:4735 - Penalties
A. The commissioner shall notify, in writing, any retailer or food service establishment in violation of this Subpart and shall give the retailer or food service establishment three days to correct the violation. No penalties shall apply to any retailer or food service establishment that corrects the violation within three days from the date of notification by the commissioner.
B. In addition to any other civil or criminal penalties, any person who violates any of the provisions of this Subpart or who otherwise misrepresents as catfish any other fish or other fish product not defined as catfish in R.S. 3:4733(1) or as catfish product in R.S. 3:4733(2) shall be punished by a fine of not more than one thousand dollars. For a second offense, a person shall be punished by a fine of not more than two thousand dollars. For any subsequent violations, a person shall be punished by a fine of not more than five thousand dollars or by having the license for the retail or food establishment suspended indefinitely or until such establishment has corrected the violation, or both. Any retailer offering catfish or catfish products for sale that are found to be designated incorrectly as to the country of origin or the method of production shall not be held liable by reason of the conduct of another if the retailer proves they had no knowledge of the violation.
C. Any person against whom a complaint is made or who has been made subject to a fine or license suspension as provided by this Section may avail themselves of a due process administrative hearing.
D. Any owner or manager of a restaurant who is found guilty of a violation of this Section shall, upon a first offense, be fined one hundred dollars; upon a second offense, be fined two hundred fifty dollars and upon a third or subsequent offense, be fined one thousand dollars.
Acts 2009, No. 506, §1, eff. Nov. 1, 2009; Acts 2010, No. 16, §1, eff. May 26, 2010.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4736. Testing

RS 3:4736 - Testing
The commissioner shall have authority to enter the premises of any wholesaler, distributor, or retailer to pull samples of catfish, catfish products, siluriformes, or siluriforme products for laboratory testing to test for species identification or any other testing as may be necessary to determine compliance with this Subpart.
Acts 2009, No. 506, §1, eff. Nov. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4738. Cooperative endeavor agreement

RS 3:4738 - Cooperative endeavor agreement
The Louisiana Department of Health and the Department of Agriculture and Forestry shall enter into a written cooperative endeavor agreement authorizing the Department of Agriculture and Forestry to perform inspections in order to determine compliance with this Subpart.
Acts 2009, No. 506, §1, eff. Nov. 1, 2009.