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2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.8. Standards

RS 3:1430.8 - Standards
A. All solid agricultural liming materials other than marl or chalk shall have a neutralizing value of at least ninety percent. All marl and chalk shall have a neutralizing value of at least fifty percent. The commission by rule shall establish minimum neutralizing values for industrial byproducts which are to be used as agricultural liming materials. Such rules shall be based upon the recommendations of the Louisiana Cooperative Extension Service.
B. Liquid or suspension materials shall have a neutralizing value of at least fifty percent.
C. The neutralizing value of a material shall be expressed as a percentage of the calcium carbonate equivalent.
D. The commission by rule shall classify substances which are harmful to plant growth and by rule shall establish the maximum amounts of these materials which may be present in agricultural liming materials which are sold, offered for sale, or distributed in this state.
E. Solid dolomitic liming materials shall contain at least six percent elemental magnesium derived from magnesium carbonate. Liquid or suspension dolomitic liming materials shall contain at least three percent elemental magnesium derived from magnesium carbonate.
F. Calcite liming materials shall contain less than six percent elemental magnesium.
G. Solid liming materials shall contain less than fifteen percent moisture.
H. The following materials shall meet the following screen standards:
(1) Aragonite: Ninety percent shall pass through a ten-mesh sieve and five percent shall pass through a one-hundred-mesh sieve.
(2) Burnt lime, finely ground limestone, and marl: Ninety-eight percent shall pass through a ten-mesh sieve and seventy percent shall pass through a one-hundred-mesh sieve.
(3) Ground limestone: Ninety percent shall pass through a ten-mesh sieve, fifty percent shall pass through a sixty-mesh sieve, and twenty-five percent shall pass through a one-hundred-mesh sieve.
(4) Ground shells: Fifty percent shall pass through a one-hundred-mesh sieve.
(5) Suspension materials: One hundred percent shall pass through a twenty-mesh sieve and sixty percent shall pass through a two-hundred-mesh sieve.
I. The state chemist shall determine the neutralizing value, the particle size, and the moisture content of all samples submitted for analysis. The commission in consultation with the state chemist by rule shall establish the method of analysis and the tolerance for all analyses.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.9. Complaints

RS 3:1430.9 - Complaints
A. Any person who believes that he has suffered damages because he purchased materials which do not meet the standards set forth in R.S. 3:1430.8 or because the amount of materials delivered was less than the net weight stated on the package or on the invoice 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 after the date of the sale or the date the deficiency was discovered, whichever is later. Failure to file a timely complaint shall not affect the right of the complainant to institute legal proceedings to recover the damages.
C. Each person who files a damage complaint shall allow the commissioner to inspect and sample the allegedly deficient material.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.10. Violations

RS 3:1430.10 - Violations
The following actions are prohibited:
(1) The sale, offering for sale, or distribution of materials which are not registered with the commissioner.
(2) The sale, offering for sale, or distribution of materials which do not meet the standards set forth in R.S. 3:1430.8.
(3) The sale, offering for sale, or distribution of agricultural materials in packages which contain less material than the net weight listed on the package.
(4) The sale, offering for sale, or distribution of bulk materials which contain less material than the net weight listed on the invoice.
(5) The making of false or misleading claims concerning any material on the label of the material, orally, on any printed matter, or through any medium.
(6) Any action which violates any provisions of this Subpart or any provision of the rules and regulations adopted under the provisions of this Subpart.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.12. Fees

RS 3:1430.12 - Fees
A. The annual fee for registering agricultural liming materials shall be fifteen dollars payable to the commission.
B. The late fee for each application to register an agricultural liming material, other than an application for initial registration, which is received after the first day of April of each year shall be fifty dollars payable to the commission.
C. Each manufacturer of agricultural liming materials which are sold, offered for sale, or distributed in this state shall pay to the commission a fee of ten cents on each ton of materials delivered in this state. The fee imposed by this Subsection shall be paid quarterly at the same time the tonnage reports required by R.S. 3:1430.7 are submitted to the commissioner; however, the minimum fee due for each quarter shall be ten dollars.
Acts 2010, No. 579, §1; Acts 2012, No. 17, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.13. Disposition of fees and penalties

RS 3:1430.13 - Disposition of fees and penalties
A. All fees and penalties provided for in this Part shall be paid to the commission and disposed of as provided in this Section.
B. All deficiency assessments imposed under the provisions of R.S. 3:1430.11(A), (B), (C), or (D) shall be paid to the consumer if the identity of the consumer can be ascertained.
C. All fees, all deficiency assessments imposed under the provisions of R.S. 3:1430.11(A), (B), (C), or (D) for which the consumer cannot be ascertained, and all penalties imposed under the provisions of R.S. 3:1430.11(E), subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, shall be deposited immediately upon receipt into the state treasury and shall be credited to the Bond Security and Redemption Fund.
D. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer, prior to placing the remaining funds in the state general fund, shall pay an amount equal to the total amount of the funds paid into the state treasury under the provisions of Parts II and III of this Chapter into the Feed and Fertilizer Fund. The funds are to be used for the expenses of the programs established for the purposes of Parts II and III of this Chapter and for the other purposes for which funds in the Feed and Fertilizer Fund may be used as determined by the commissioner.
Acts 2010, No. 579, §1; Acts 2011, No. 31, §1; Acts 2013, No. 26, §1, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1434. Powers and duties of the commissioner

RS 3:1434 - Powers and duties of the commissioner
The commissioner shall:
(1) Enforce this Part and all rules and regulations made and adopted by the commission.
(2) Sample, inspect, test, and make analyses of agricultural, vegetable, and flower seeds transported, offered for sale, sold, or distributed in Louisiana for planting purposes; determine whether the seeds are in compliance with this Part and with rules and regulations made under this Part; and notify promptly the person who transported, distributed, sold, or offered for sale the seeds of any violation.
(3) Carry out and enforce the rules and regulations made pertaining to certified, registered, or foundation seeds or planting stock and to the limiting of planting of a crop to certified seed, when such is prescribed.
(4) Require reports necessary to administer this Part and rules and regulations made under this Part.
(5) Collect, administer, and disburse the proceeds of the assessment, fees, interest, penalties, and other monies collected pursuant to this Part.
(6) Have exclusive jurisdiction and authority over all matters related to the regulation of seeds.
Amended by Acts 1977, No. 149, §2; Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2013, No. 26, §1, eff. May 23, 2013; Acts 2016, No. 392, §1, eff. June 5, 2016.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1435. Authority of the commissioner

RS 3:1435 - Authority of the commissioner
The commissioner may:
(1) Employ agents necessary to enforce this Part and the rules and regulations made under this Part.
(2) In order to have access to seeds subject to this Part, enter, during regular business hours, any public or private premises where agricultural, vegetable, or flower seeds or other propagating stock is sold, offered for sale, or distributed.
(3) Issue and enforce a stop order to the person with a lot of seed or other propagating stock that the commissioner finds, or has good reason to believe, is in violation of this Part or the rules and regulations made under this Part.
(4) Establish and maintain a seed laboratory; employ a State seed analyst, other analysts, and other personnel whose work he shall direct and supervise; and incur such other expenses necessary to comply with this Part.
(5) Make purity, germination, and additional tests of seeds for persons upon request. The analyses shown by these tests shall be confidential and shall be made available only to the requestor, unless otherwise specifically authorized by the requestor, and shall be exempt from the Public Records Law, R.S. 44:1 et seq.
(6) Enter, either directly or through a duly authorized agent, the premises of any person producing, processing, distributing, or selling seeds and examine that person's books, accounts, and records, and obtain any other information necessary, for purposes of enforcing the provisions of this Part and the regulations adopted pursuant to this Part.
(7) Seek and obtain injunctive or other civil relief to restrain and prevent violations of this Part, or rules and regulations adopted pursuant to this Part, or orders and rulings issued by the commissioner pursuant to this Part.
(8) Institute civil proceedings to enforce his orders or rulings, collect any assessments, late fees, fines, penalties, or costs due under this Part or to otherwise enforce the provisions of this Part or rules and regulations adopted pursuant to this Part.
Amended by Acts 1977, No. 149, §3; Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2012, No. 146, §1, eff. May 14, 2012; Acts 2013, No. 26, §1, eff. May 23, 2013; Acts 2018, No. 362, §1, eff. May 20, 2018; Acts 2020, No. 148, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1437. Registration of seed dealers

RS 3:1437 - Registration of seed dealers
A. Every person, except persons exempt by R.S. 3:1445, including an out-of-state distributor, who labels, sells, offers, or handles for sale in or distributes for sale in Louisiana, agricultural, vegetable, or flower seeds or other propagating stock of one pound or more in weight within Louisiana shall register with the commissioner as a seed dealer. Every seed dealer shall register the number and location of each place of business at which the seeds are labeled, sold, distributed, or offered or handled for sale. The commissioner shall issue to the registered seed dealer a license to engage in the business.
B. The commissioner shall issue a license on an annual basis with licenses expiring on the first day of July of each year following the issuance date. The commissioner shall establish the fee for the license. The fee shall be established by rule adopted in accordance with the Administrative Procedure Act. The amount of the fee shall not exceed two hundred dollars.
Amended by Acts 1975, No. 766, §4; Acts 1977, No. 149, §5; Acts 1988, No. 162, §1; Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2013, No. 26, §1, eff. May 23, 2013; Acts 2015, No. 318, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1438. Suspension or revocation of seed dealer license

RS 3:1438 - Suspension or revocation of seed dealer license
Any licensee who violates any of the provisions of this Part or the regulations adopted under the provisions of this Part shall be subject to having his license suspended, revoked, or placed on probation, in addition to any other penalties authorized by this Part.
Amended by Acts 1977, No. 149, §5; Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2013, No. 26, §1, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1439. Failure of seed dealer to register; effect

RS 3:1439 - Failure of seed dealer to register; effect
The commissioner may issue a stop order against any seed dealer who fails to comply with R.S. 3:1437.
Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2012, No. 146, §1, eff. May 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1440. Stop order

RS 3:1440 - Stop order
A stop order shall prohibit further sale, exchange, movement, or distribution of seeds included in the order until the commissioner is satisfied that this Part and rules and regulations of the commission have been complied with and the commissioner has issued a written release to the person with such seed. After a stop order is given, the person receiving the stop order shall have thirty days within which to comply and to obtain a written release of the order. This Section shall not prevent the commissioner from proceeding in accordance with other Sections in this Part.
Amended by Acts 1977, No. 149, §5; Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2010, No. 495, §1, eff. June 24, 2010; Acts 2012, No. 146, §1, eff. May 14, 2012; Acts 2013, No. 26, §1, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1441. Seizure

RS 3:1441 - Seizure
When the commissioner issues a stop order to a person with a lot of seed and such person fails to comply with this Part or the regulations of the commission, the commissioner shall seize the lot of seed and shall destroy the lot within thirty days, or shall dispose of it in the manner prescribed by the rules and regulations made by the commission.
Amended by Acts 1977, No. 149, §5; Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2012, No. 146, §1, eff. May 14, 2012; Acts 2013, No. 26, §1, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1443. Disclaimer or nonwarranty clause of no effect

RS 3:1443 - Disclaimer or nonwarranty clause of no effect
The use of a disclaimer or nonwarranty clause in any invoice, advertisement, or label pertaining to seeds shall not exempt a person from the provisions of this Part.
Amended by Acts 1977, No. 149, §5; Acts 2013, No. 26, §1, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1444. Prohibitions

RS 3:1444 - Prohibitions
No person shall:
(1) Sell, offer for sale, transport, or distribute any agricultural, vegetable, or flower seeds unless the seeds have been tested in accordance with the rules and regulations adopted by the Agricultural Chemistry and Seed Commission. The commission by rule may require information relative to the test to be affixed to the packaging of the seeds.
(2) Sell, offer for sale, transport, or distribute any agricultural, vegetable, or flower seeds that are not labeled in accordance with this Part or that have false or misleading labeling.
(3) Sell, offer for sale, transport, or distribute any agricultural, vegetable, or flower seeds for which there has been false or misleading advertisement.
(4) Sell, offer for sale, transport, or distribute any agricultural seeds containing noxious weed seeds, subject to tolerances and methods of determinations, in excess of those prescribed under this Part.
(5) Detach, deface, destroy, or use a second time any label provided for in this Part or the rules and regulations made by the commission.
(6) Alter or falsify any seeds, seed labels, seed tests, laboratory reports, records, or other documents to create a misleading impression as to kind, kind of variety, history, quality, or origin of seed.
(7) Disseminate any false or misleading advertisement concerning agricultural, vegetable, or flower seeds.
(8) Obstruct in any way any authorized person in the performance of his duties under this Part.
(9) Fail to comply with a stop order or to move or otherwise handle or dispose of any lot of seed held under a stop order, except with express permission of the commissioner for the purposes specified by him.
(10) Use relabeling stickers without having both the calendar month and year the germination test was completed and the lot number that matches the existing, original lot number.
(11) Repealed by Acts 2013, No. 26, §3, eff. May 23, 2013.
Amended by Acts 1977, No. 149, §5; Acts 1978, No. 34, §1; Acts 1986, No. 190, §1; Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2012, No. 146, §1, eff. May 14, 2012; Acts 2013, No. 26, §§1, 3, eff. May 23, 2013; Acts 2018, No. 362, §1, eff. May 20, 2018.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1445. Exemptions

RS 3:1445 - Exemptions
A. The provisions of R.S. 3:1436 shall not apply:
(1) To common carriers with respect to seeds transported in the ordinary course of business as a carrier. R.S. 3:1436 shall apply to carriers engaged in processing or merchandising seeds subject to the provisions of this Part.
(2) To seeds sold from a duly labeled container and taken therefrom in the presence of the purchaser. In such case the container in which the seeds are sold may be unlabeled unless the purchaser requests a label.
(3) To agricultural seeds when grown, sold, and delivered by the producer on his own premises when the growing of crops for reproductive purposes is not the primary farming occupation of the producer. If the seeds are advertised for sale through any medium or if the seeds are delivered by a common carrier, except for the purpose of recleaning, they shall be labeled in accordance with this Part.
B. The provisions of R.S. 3:1444 shall not apply:
(1) To seeds not intended for planting purposes.
(2) To seeds in storage in, consigned to, or being transported to seed cleaning or processing establishments for cleaning and processing only. Any labeling or representation that is made with respect to the unclean seeds shall be subject to this Part.
(3) To agricultural seeds when grown, sold, and delivered by the producer on his own premises when the growing of crops for reproductive purposes is not the primary farming occupation of the producer. If the seeds are advertised for sale through any medium or if the seeds are delivered by a common carrier, except for the purpose of recleaning, they shall be labeled in accordance with this Part.
(4) To seeds which are incorrectly labeled or represented as to kind, variety and origin if the seeds cannot be identified by examination, unless the person responsible for labeling failed to obtain an invoice or grower's declaration giving kind, variety, and origin.
Amended by Acts 1977, No. 149, §5; Acts 1987, No. 167, §1; Acts 2013, No. 26, §1, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1446. Penalty for violation; procedures for imposition of penalties

RS 3:1446 - Penalty for violation; procedures for imposition of penalties
A. Whoever violates this Part or the rules and regulations made under this Part may 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 commission based upon an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act and this Part as follows:
(1) The commission shall be convened by the commissioner for the purpose of hearing any alleged violation of this Part or any rule and regulation adopted pursuant to this Part.
(2) The commissioner shall appoint a hearing officer to preside over the hearing.
(3) The commission shall make an initial determination on the matter. This determination shall be submitted to the commissioner in writing.
(4) The commissioner shall make the final determination on the matter. If the determination of the commissioner differs from the determination of the commission, the commissioner shall issue a written opinion based on the record of the hearing.
(5) Nothing in this Section shall be construed as requiring the commission to institute adjudicatory proceedings for minor violations of this Part when the department believes that the public interest will best be served by a suitable notice of noncompliance in writing.
Amended by Acts 1977, No. 149, §5; Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2013, No. 26, §1, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1447. Secretary of state as agent for service

RS 3:1447 - Secretary of state as agent for service
Any person who is not a resident of or domiciled within the state of Louisiana, and who, having no duly appointed agents for service of process within the state, engages in the business of distributing, selling, or packaging seeds within the state of Louisiana, does by such act appoint the secretary of state as his agent for service of process of any legal document and submits to the jurisdiction of any court within the parish where he engages in that business, as if such person were a citizen of or domiciled within said parish.
Amended by Acts 1977, No. 149, §5.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1448. Regulatory fee

RS 3:1448 - Regulatory fee
The commission may charge a regulatory fee on all seeds sold in Louisiana. The fee shall be established by rule adopted in accordance with the Administrative Procedure Act. The proceeds of the fee shall be used to defray the costs of regulating the seed industry in Louisiana. The fee shall be collected at the first point of sale in Louisiana. The amount of the fee shall be based on the cost of regulating the seed industry and shall not exceed thirty cents per one hundred pounds of seed.
Added by Acts 1988, No. 178, §1; Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2015, No. 318, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1449. Disposition of funds; Seed Fund

RS 3:1449 - Disposition of funds; Seed Fund
A. All assessments, fees, penalties, and other funds received under the provisions of this Part shall be disposed of in accordance with the following provisions:
(1) All assessments, fees, penalties, and all other funds received under the provisions of this Part, subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, shall be deposited immediately upon receipt into the state treasury and shall be credited to the Bond Security and Redemption Fund.
(2) Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state that become due and payable within any fiscal year, the treasurer, prior to placing the remaining funds in the state general fund, shall pay an amount equal to the total amount of funds paid into the state treasury under the provisions of this Part into a special fund which is hereby created in the state treasury and designated as the Seed Fund.
(3) All unexpended and unencumbered monies in the fund at the end of each fiscal year shall remain in the fund. The treasurer shall invest the monies in the fund in the same manner as monies in the state general fund. All interest earned on monies from the fund invested by the state treasurer shall be deposited in the fund.
B. Subject to appropriation, the monies in the fund shall be used for the following purposes:
(1) To provide for the expenses of the program established by this Part, as determined by the commissioner.
(2) To fund any and all costs related to the carrying out of the powers and duties granted to the commission and the commissioner of agriculture and forestry under this Part.
(3) To fund any and all costs related to the carrying out of the powers and duties granted to the commission and the commissioner of agriculture and forestry pursuant to R.S. 3:1461 through 1471.
Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2013, No. 26, §1, eff. May 23, 2013; Acts 2019, No. 164, §1, eff. June 6, 2019.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1461. Purpose

RS 3:1461 - Purpose
It is hereby the intent of the legislature to recognize industrial hemp as an agricultural commodity and authorize the cultivation, processing, and handling of industrial hemp as legal, agricultural activities in the state of Louisiana in accordance with the Agriculture Improvement Act of 2018, P.L. 115-334.
Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2021, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1463. Powers and responsibilities of the commission

RS 3:1463 - Powers and responsibilities of the commission
The commission shall:
(1) Establish criteria and standards for industrial hemp seed approval.
(2) Hold hearings on alleged violations of the provisions of this Part or of the rules and regulations adopted pursuant to this Part.
(3) Advise the commissioner on the civil penalties to be imposed or the injunctive or other civil relief to be sought to punish and restrain violations of the provisions of this Part or of the rules and regulations adopted pursuant to this Part.
Acts 2019, No. 164, §1, eff. June 6, 2019.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1464. Powers and duties of the commissioner

RS 3:1464 - Powers and duties of the commissioner
The commissioner shall:
(1) Adopt rules and regulations as are necessary to implement the provisions of this Part in accordance with the Administrative Procedure Act.
(2) Administer and enforce the provisions of this Part and all rules and regulations adopted pursuant to this Part.
(3) Collect, administer, and disburse the proceeds of all fees, interest, penalties, and other monies collected pursuant to this Part.
(4) Appoint and employ all personnel necessary for the efficient and proper administration of this Part.
(5) Enter, either directly or through a duly authorized agent, any land or areas where hemp is grown, stored, or processed for the purposes of conducting inspections, collecting samples, testing, examining, and copying records, and carrying out suppression or eradication activities as provided in this Part.
(6) Seek and obtain injunctive or other civil relief to restrain and prevent violations of this Part, rules and regulations adopted pursuant to this Part, or orders and rulings issued by the commissioner pursuant to this Part.
(7) Institute civil proceedings to enforce his orders or rulings, collect any assessments, late fees, fines, penalties, or costs due under this Part or to otherwise enforce the provisions of this Part or rules and regulations adopted pursuant to this Part.
(8) Create a state plan, in consultation with the governor and attorney general, to monitor and regulate the production of industrial hemp. The state plan shall include all requirements specified in the Agriculture Improvement Act of 2018, P.L. 115-334.
(9) On or before January 31, 2020, and annually for four years thereafter, submit a status report on the state's industrial hemp program to the House Committee on Agriculture, Forestry, Aquaculture, and Rural Development and the Senate Committee on Agriculture, Forestry, Aquaculture, and Rural Development. The report shall include the following information:
(a) The number of applications received.
(b) The number of licenses issued in the state and in each parish.
(c) Total industrial hemp acreage in the state and in each parish.
(d) The number of licenses issued to growers with land under two hundred acres and the total amount of industrial hemp sold from those growers to processors.
(e) Type of industrial hemp grown and processed, whether for fiber, seeds, or other uses.
(f) Estimated value of the industrial hemp industry.
Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2021, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1466. Records required

RS 3:1466 - Records required
A. Every grower, processor, handler, and seed producer shall maintain full and accurate records as required by rules and regulations of the department.
B. The department's rules and regulations on record keeping shall, at a minimum, require the following:
(1) All licensees shall maintain documentation of any sales or distribution, including the party to which the product was sold or distributed.
(2) Growers and seed producers shall maintain documentation of traceability from seed acquisition to harvest to crop termination.
(3) Processors shall maintain documentation of industrial hemp acquisition from grower to final product.
(4) Any person transporting or delivering industrial hemp shall have a dated invoice, bill of lading, or manifest in his possession during the entire time he is transporting or delivering industrial hemp. The invoice, bill of lading, or manifest shall include the following information:
(a) The seller's and the purchaser's name and address.
(b) The specific origin and destination of the industrial hemp being transported.
(c) The quantity of industrial hemp being transported.
Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2021, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1467. Fees; disposition of funds

RS 3:1467 - Fees; disposition of funds
A. The commissioner may establish annual application, license, and testing fees to be paid to the department. The amount of the fees shall be based on the cost of the regulatory functions performed and services provided. The combined total of the annual application fee and license fee shall not exceed five hundred dollars, and the testing fee shall not exceed two hundred fifty dollars.
B. All assessments, fees, penalties, and other funds received pursuant to this Part shall be deposited in the Seed Fund provided for in R.S. 3:1449.
Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1468. Testing; inspections

RS 3:1468 - Testing; inspections
A.(1) The department shall collect samples to test all industrial hemp crops, except those crops produced by licensees approved by the department for performance-based sampling, prior to harvest to ensure the THC concentration does not exceed a total delta-9 THC concentration of 0.3 percent on a dry weight basis. The grower shall harvest his approved industrial hemp plants not more than thirty days following the date of sample collection by the department, unless specifically authorized in writing by the department.
(2) The department shall ensure that one or more of the following factors exist when determining if a licensee is eligible for performance-based sampling:
(a) The variety or strain is recognized as AOSCA Certified Seed or has consistently demonstrated to result in compliant hemp plants pursuant to the sampling and testing process of the department.
(b) The hemp is produced for grain or fiber and no leaf or floral material will be harvested.
(c) The producer is conducting industrial hemp research.
(d) The producer has consistently produced compliant industrial hemp plants over an extended period of time.
(e) The producer is growing immature industrial hemp plants produced from industrial hemp seed of known compliant varieties and the plants will be harvested prior to flowering.
(3) The department may enter into contracts, cooperative endeavor agreements, memoranda of understanding, or other agreements with any public postsecondary education institution for the testing of THC levels in industrial hemp crops or industrial hemp products deemed necessary by the commissioner.
B. In addition to any scheduled testing, the department may randomly inspect any industrial hemp crop or industrial hemp product in the possession of any person or entity with a grower, processor, handler, or seed producer license and take a representative composite sample for THC concentration analysis if the department has reason to believe a violation of this Part has occurred.
Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1; Acts 2021, No. 336, §1; Acts 2022, No. 498, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1469. Industrial hemp research

RS 3:1469 - Industrial hemp research
A.(1) The Louisiana State University Agricultural Center and the Southern University Agricultural Center are authorized to cultivate, handle, and process industrial hemp and industrial hemp seeds for research and development of new varieties.
(2) The universities in Paragraph (1) of this Subsection may contract with licensed hemp seed producers for development of seed for distribution through a process as determined by the department.
B. The University of Louisiana at Monroe College of Pharmacy is authorized to handle and process industrial hemp for medicinal research and development.
C. The University of Louisiana at Monroe Agribusiness Program is authorized to cultivate, handle, and process industrial hemp for product research and development.
D. Except for those entities exempted pursuant to this Part, all industrial hemp licensees whose intent is to perform industrial hemp research shall submit an annual industrial hemp research plan to the department. The department shall adopt rules establishing the requirements of the industrial hemp research plan. Such rules shall include performance-based sampling requirements.
Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1; Acts 2021, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1470. Civil penalties; procedures for imposition of penalties

RS 3:1470 - Civil penalties; procedures for imposition of penalties
A. Any person who violates any of the provisions of or the regulations adopted pursuant to this Part; or who alters, forges, or counterfeits, or uses without authority any license or other document provided for in this Part or in the regulations adopted pursuant to this Part; or who fails to collect or to timely pay the assessments, fees, and penalties due or assessed pursuant to this Part, shall be subject, in addition to any unpaid assessments, late fees, or collection costs, 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 constitute a separate offense.
B. Any licensee who violates any of the provisions of or the regulations adopted pursuant to this Part shall be subject to having his license suspended, revoked, or placed on probation, in addition to any other penalties authorized by this Part.
C. 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.
(1) The commission shall be convened by the commissioner for the purpose of hearing any alleged violation of this Part or any rule and regulation adopted pursuant to this Part.
(2) The commissioner shall appoint a hearing officer to preside over the hearing.
(3) The commission shall make an initial determination on the matter. This determination shall be submitted to the commissioner in writing.
(4) The commissioner shall make the final determination on the matter. If the determination of the commissioner differs from the determination of the commission, the commissioner shall issue a written opinion based on the record of the hearing.
D. In addition to civil penalties, the commissioner may assess the cost of the adjudicatory hearing against any person found to be in violation of this Part or the regulations adopted pursuant to this Part. The commissioner shall, by regulation, determine the amount of costs to be assessed in adjudicatory hearings.
Acts 2019, No. 164, §1, eff. June 6, 2019.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1471. Criminal penalties

RS 3:1471 - Criminal penalties
A. It shall be unlawful for any person or entity to cultivate, handle, process, or transport industrial hemp in any of the following circumstances:
(1) Without a license.
(2) Outside the scope of a license.
(3) If the industrial hemp originates from a seed that has not been approved by the commissioner.
(4) If the Cannabis sativa L. plant or any part of that plant would otherwise be industrial hemp as defined by this Part except that it has a THC concentration that exceeds the THC concentration authorized in this Part. This shall not include handling the plant for destruction as required by the department pursuant to this Part.
B. Whoever violates the provisions of this Section shall be imprisoned at hard labor for not less than one year nor more than twenty years and shall be fined not more than fifty thousand dollars.
C. The provisions of this Section shall not apply to the Louisiana State University Agricultural Center, the Southern University Agricultural Center, and the University of Louisiana at Monroe College of Pharmacy when performing research and development as provided for in R.S. 3:1469.
Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1; Acts 2021, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1472. Stop order

RS 3:1472 - Stop order
A stop order issued by the department shall prohibit further sale, exchange, movement, processing, or distribution of all Cannabis plants or plant parts included in the order until the commissioner is satisfied that this Part and rules and regulations of the commissioner and commission have been complied with and the commissioner has issued a written release to the person with such material. After a stop order is issued, the person receiving the stop order shall have thirty days within which to comply and to obtain a written release of the order or be subject to the penalties provided by this Part. This Section does not prevent the commissioner from otherwise proceeding in accordance with this Part.
Acts 2020, No. 344, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1473. Centralized website

RS 3:1473 - Centralized website
The Louisiana State University Agricultural Center shall develop a centralized industrial hemp website that provides to the public information, resources, and educational opportunities concerning industrial hemp. The agricultural center shall develop the website in collaboration with the Southern University Agricultural Center, the Louisiana Department of Agriculture and Forestry, the Louisiana Department of Health, the office of alcohol and tobacco control, the Department of Economic Development, and relevant industry associations.
Acts 2021, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1481. Definitions

RS 3:1481 - Definitions
As used in this Part:
(1) "Adult-use consumable hemp product" means any consumable hemp product that contains more than 0.5 milligrams of total THC per package.
(2) "Commissioner" means the commissioner of the office of alcohol and tobacco control.
(3) "Consumable hemp processor" means any individual, partnership, corporation, cooperative association, or other business entity that receives industrial hemp for the manufacturing or processing of a consumable hemp product.
(4)(a) "Consumable hemp product" means any product derived from industrial hemp that contains any cannabinoid, including cannabidiol, and is intended for consumption or topical use.
(b) "Consumable hemp product" shall include commercial feed, pet products, and hemp floral material.
(5) "Department" means the Louisiana Department of Health.
(6) "Industrial hemp" or "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.
(7) "Package" means a container or wrapping in which any consumer commodity is enclosed for the purpose of delivery or display of that commodity to retail purchasers and contains one or more servings.
(8) "Remote retailer" means a person or entity who offers any consumable hemp product for sale at retail, or for any transaction of products in lieu of a sale, through a digital application, catalog, or the internet, that can be purchased and delivered directly to a consumer in Louisiana.
(9) "Retail sale" or "sale at retail" means the sale or any transaction in lieu of a sale of products to the public for use or consumption but does not include the sale or any transaction in lieu of a sale of products for resale.
(10) "Retailer" means a person or entity who offers any consumable hemp product for sale at retail.
(11) "Serving" means the total amount of individual units or amount of liquid of a product recommended by the manufacturer to be consumed at a single time.
(12) "State plan" means a plan required for approval by the United States Secretary of Agriculture to monitor and regulate the production of hemp.
(13) "THC" means a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.
(14) "Wholesaler" means a wholesale seller, distributor, or packer of consumable hemp products.
Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1; Acts 2021, No. 336, §1; Acts 2022, No. 498, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1482. Consumable hemp products; prohibitions

RS 3:1482 - Consumable hemp products; prohibitions
A. No person shall sell or offer for sale any part of hemp for inhalation, except for hemp rolling papers.
B. No person shall process, sell, or offer for sale:
(1) Any alcoholic beverage containing cannabidiol.
(2) Any consumable hemp product without a license or permit required pursuant to this Part.
C. No retailer shall add any consumable hemp product to any food or beverage sold at retail to a consumer.
D. It shall be unlawful for any person to knowingly, willfully, or intentionally violate the provisions of this Section. Whoever knowingly, willfully, or intentionally violates the provisions of this Section shall be penalized as follows:
(1) On a first conviction, the offender shall be fined not more than three hundred dollars.
(2) On a second conviction, the offender shall be fined not more than one thousand dollars.
(3) On a third or subsequent conviction, the offender shall be fined not more than five thousand dollars.
E. The provisions of this Part shall be preempted by any federal statute, federal regulation, or guidance from a federal government agency that is less restrictive than the provisions of this Part.
Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1; Acts 2021, No. 336, §1; Acts 2022, No. 498, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1491. Name and purpose

RS 3:1491 - Name and purpose
A. The name of the program created and organized by this Part shall be the Louisiana Industrial Hemp Promotion and Research Program.
B. The purpose of the program is to support the growth and development of the industrial hemp industry in Louisiana by enhancing research, education, promotion, facilities, and industrial hemp related activities throughout the state.
Acts 2022, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1492. Definitions

RS 3:1492 - Definitions
As used in this Part:
(1) "Board" means the Louisiana Industrial Hemp Promotion and Research Advisory Board.
(2) "Commissioner" means the Louisiana commissioner of agriculture and forestry.
(3) "Industrial hemp" means the same as previously defined in this Chapter.
(4) "Industrial hemp educational program" means any event focused on improving a participant's understanding of the industrial hemp industry.
(5) "Industrial hemp facility" means any facility used to produce or process industrial hemp.
(6) "Industrial hemp industry member" means any person with an interest and background in the requirements of producing, handling, processing, or selling industrial hemp or products produced from industrial hemp.
(7) "Industrial hemp research" means any scholarly activity conducted to collect scientific data utilizing experimental design as authorized under this Chapter.
(8) "Program" means the Louisiana Industrial Hemp Promotion and Research Program.
(9) "Promotion of the industrial hemp industry" means the development of a comprehensive marketing plan for the industrial hemp industry, which may include a website, social media, and an advertising program.
Acts 2022, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1494. Powers and duties

RS 3:1494 - Powers and duties
A. The board shall:
(1) Advise the commissioner on the development and maintenance of the Louisiana Industrial Hemp Promotion and Research Program.
(2) Maintain a permanent record of its proceedings.
(3) Submit an annual report of its activities to the House Committee on Agriculture, Forestry, Aquaculture, and Rural Development and the Senate Committee on Agriculture, Forestry, Aquaculture and Rural Development by January thirty-first of each year.
B. The board may:
(1) Provide information to governmental entities upon request on subjects of concern to the industrial hemp industry and collaborate with the state or federal government on the development and administration of the program.
(2) Cooperate with any local, state, regional, or national organization or agency engaged in activities consistent with the objectives of the program.
(3) Make recommendations to the House and Senate committees on agriculture, forestry, aquaculture, and rural development on legislation relative to the regulation of industrial hemp.
C. The commissioner may:
(1) Adopt such rules and regulations as are necessary to administer the program. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act.
(2) Enter into contracts or other agreements to accomplish any purpose authorized by this Part, including advertising, education, marketing, promotion, research, or services.
Acts 2022, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1495. Funding

RS 3:1495 - Funding
To achieve the purposes of this Part, the commissioner may accept and expend monies from any source, including gifts, contributions, donations, state appropriations, and federal grants, and may accept and use services from individuals, corporations, and governmental entities.
Acts 2022, No. 462, §1.