reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3546. Limitation of liability of members of the board

RS 3:3546 - Limitation of liability of members of the board
The members of the Louisiana Rice Research Board shall not be responsible individually in any way whatsoever to any producer or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, except for their own individual acts of dishonesty or crime. No such person shall be held responsible individually for any act or omission of any other member of the board. The liability of the board shall be several and not joint and no member shall be liable for the default of any other member.
Added by Acts 1972, No. 105, §1; Acts 2009, No. 24, §8I, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3547. Use of funds

RS 3:3547 - Use of funds
A. The board shall dedicate, after deducting for administrative expenses, the amounts determined needed for rice research. The board shall have authority to contract for services in order to accomplish the purpose for which it is created. Use of these funds may be applied within or outside the state of Louisiana, including regional, national and international applications as long as the research will benefit Louisiana rice producers.
B. Board members, and any committees of the board on which they serve, may be reimbursed for allowable expenses necessarily incurred by them in the performance of their duties. But no such member shall receive a salary or per diem for the performance of such duties.
Added by Acts 1972, No. 105, §1; Acts 2009, No. 24, §8I, eff. June 12, 2009; Acts 2014, No. 345, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3548. National and international policy

RS 3:3548 - National and international policy
A. The Louisiana Legislature hereby finds and declares that the factors which affect the ability of Louisiana rice farmers to market their crop are established by national and international forces in the world market. The Louisiana Legislature further finds and declares that the expenditure of funds by the board for the purpose of influencing the development and implementation of national and international policy affecting the marketing of rice produced by Louisiana farmers is the expenditure of funds for a public purpose.
B. The board is hereby authorized to expend a portion of the funds received and administered by the board for the purpose of influencing the development and implementation of national and international policy affecting the marketing of rice produced by Louisiana farmers.
C. The amount of funds expended by the board in each fiscal year for the purposes authorized in this Section shall not exceed five percent of the budget of the board for that fiscal year.
D. The board shall not expend any funds for the purpose of influencing any legislative action on the state level.
Added by Acts 1988, No. 278, §1; Acts 2009, No. 24, §8I, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3551. Purposes

RS 3:3551 - Purposes
The purpose of this Chapter is to promote the growth and development of the soybean, wheat, corn, and grain sorghum industries in Louisiana by research and advertisement, thereby promoting the general welfare of the people of this state.
Added by Acts 1968, Ex.Sess., No. 45, §1; Acts 1985, No. 390, §1, eff. July 10, 1985; Acts 2009, No. 24, §8G, eff. June 12, 2009; Acts 2010, No. 861, §3.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3552. Louisiana Soybean and Grain Research and Promotion Board; creation and organization

RS 3:3552 - Louisiana Soybean and Grain Research and Promotion Board; creation and organization
A. The Louisiana Soybean and Grain Research and Promotion Board is created with its domicile at Baton Rouge, Louisiana. The board shall be composed of twelve producer members to be appointed by the governor to serve terms concurrent with the governor. Each appointment by the governor shall be submitted to the Senate for confirmation. Eight members of the board shall be practical producers of soybeans in the state of Louisiana and four members shall be practical producers of wheat, corn, or grain sorghum. The Louisiana Farm Bureau Federation, Inc., shall submit the names of eight practical soybean producers to the governor, and he shall appoint five persons from the nominees to serve on the board. The Louisiana Soybean Association shall submit the names of five practical soybean producers to the governor, and he shall appoint three members from the nominees to serve on the board. The Louisiana Farm Bureau Federation, Inc., shall submit the names of three persons who produce wheat, corn, or grain sorghum to the governor and he shall appoint two persons from these nominees to serve on the board. The Louisiana Cotton and Grain Association shall submit the names of three persons who produce wheat, corn, or grain sorghum to the governor and he shall appoint two persons from these nominees to serve on the board. Every fourth year the aforenamed organizations shall submit the names of nominees to the governor and succeeding boards shall be appointed by the governor in the same manner, giving equal representation to each organization in the appointment of the eight members who are practical soybean producers.
B. The members of the board shall meet and organize immediately after their appointment, and shall elect a chairman, vice chairman and a secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The board may establish rules and regulations for its own government, and the administration of the affairs of the board. The board may disqualify any appointed member for cause, including excessive absences from board meetings. If any board member is so disqualified, the vacancy shall be filled by appointment of the chairman from a list of two names submitted by the nominating authority for the remainder of the term.
C. The commissioner of agriculture shall serve as an ex officio member of the board.
D. The board shall employ a director and assistant director who shall be appointed by the board, subject to the approval of the commissioner. The director and assistant director shall be in the unclassified service.
Added by Acts 1968, Ex.Sess., No. 45, §1. Amended by Acts 1980, No. 44, §1, eff. June 9, 1980; Acts 1985, No. 390, §1, eff. July 10, 1985; Acts 1986, No. 447, §1, eff. July 1, 1986; Acts 1989, No. 59, §1; Acts 2009, No. 24, §8G, eff. June 12, 2009; Acts 2011, No. 207, §11.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3554. Failure to pay assessment; penalty

RS 3:3554 - Failure to pay assessment; penalty
A. Any buyer who fails to file a report or to pay any assessment within the required time by the commissioner shall forfeit to the commissioner a penalty of five percent of the assessment determined to be due, plus one percent of such amount for each month of delay or fraction thereof after the first month after such report was required to be filed or the assessment became due. The penalty shall be paid to the commissioner and shall be disposed of by him in the same manner as funds derived from the payment of the assessment imposed herein.
B. The commissioner of agriculture shall collect the penalties levied herein, together with any delinquent assessment, by any or all of the following methods:
(1) By voluntary payment by the person liable.
(2) By legal proceedings instituted in a court of competent jurisdiction.
(3) By injunctive relief to enjoin any buyer owing such assessment and/or penalties from operating his business or engaging in business as a buyer of soybeans, wheat, corn, or grain sorghum until the delinquent assessment and/or penalties are paid.
C. Any person required to pay any assessment provided for in this Chapter who refuses to allow full inspection of the premises, or any books, records, or other documents relating to the liability of such person for any assessment herein imposed, or who hinders or in any way delays or prevents such inspection, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars or by imprisonment not to exceed six months, or both.
D. Whoever violates any other provision of this Chapter or any rule or regulation of the Louisiana Soybean and Grain Research and Promotion Board pursuant to the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars or by imprisonment not to exceed thirty days, or both.
Added by Acts 1968, Ex.Sess., No. 45, §1. Amended by Acts 1972, No. 38, §2; Acts 1985, No. 390, §1, eff. July 10, 1985; Acts 2009, No. 24, §8G, eff. June 12, 2009; Acts 2010, No. 861, §3.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3555. Exclusion from coverage of Chapter

RS 3:3555 - Exclusion from coverage of Chapter
The provisions of this Chapter shall not apply to any person who purchases one thousand or less bushels of soybeans, wheat, corn, or grain sorghum in any calendar year.
Added by Acts 1968, Ex.Sess., No. 45, §1; Acts 1985, No. 390, §1, eff. July 10, 1985; Acts 2009, No. 24, §8G, eff. June 12, 2009; Acts 2010, No. 861, §3.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3556. Use of funds

RS 3:3556 - Use of funds
A. The Louisiana Soybean and Grain Research and Promotion Board shall plan and conduct a program of research and advertising designed to promote the soybean, wheat, corn, and grain sorghum industries in Louisiana. The board is authorized to use the funds derived from any assessment imposed by this Chapter for these purposes, including basic administration expenses of the plan. Use of these funds may be applied, as prescribed in this Section, within or without the state of Louisiana, including regional, national, and international applications.
B. The board is authorized to apply for and receive monies from the national assessment for grain sorghum pursuant to 7 CFR 1221.
Added by Acts 1968, Ex.Sess., No. 45, §1; Acts 1985, No. 390, §1, eff. July 10, 1985; Acts 2009, No. 24, §8G, eff. June 12, 2009; Acts 2010, No. 25, §1, eff. July 1, 2010; Acts 2010, No. 861, §3; Acts 2014, No. 205, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3601. Citation; legislative findings; purpose

RS 3:3601 - Citation; legislative findings; purpose
A. This Part shall be known as and may be cited as the Louisiana Right to Farm Law.
B.(1) The legislature hereby finds and declares that agriculture is essential not only to the economy of the state but to the sustenance of life, yet acreage devoted to agriculture has steadily declined in this century.
(2) The legislature further finds and declares that owners of agricultural land, including forest and timber land, and the public, which depends upon agricultural production, need to be protected from further diminution in value of agricultural land by providing safeguards and by establishing a more reliable remedy for diminution in value of agricultural land caused by governmental entities.
(3) The legislature also finds and declares that agricultural operations, including forest and timber operations, and the public, which depends upon agricultural production, need to be protected from any nuisance actions.
Added by Acts 1983, No. 95, §1; Acts 1995, No. 302, §1; Acts 2008, No. 515, §1; Acts 2019, No. 353, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3603. Right to Farm

RS 3:3603 - Right to Farm
A. The legislature hereby declares that persons who are engaged in agricultural operations in accordance with generally accepted agricultural practices or traditional farm practices should be protected from legal actions brought by persons who subsequently acquire an interest in any land in the vicinity of the agricultural operation and from any nuisance action, public or private, against the agricultural production of an agricultural product or an agricultural operation including but not limited to, agricultural processing, and any agricultural activity involved, directly or indirectly, in the production of food for human consumption or for animal food.
B. No agricultural operation shall be deemed to be a nuisance in any action brought under the provisions of Civil Code Article 669, R.S. 33:361, R.S. 40:14, or any other grant of authority authorizing the suppression or regulation of public or private nuisances if the agricultural operation is conducted in accordance with generally accepted agricultural practices or traditional farm practices, and any one of the following applies:
(1) The person bringing the action acquired the interest in the land or improvements alleged to be affected by the nuisance after the date on which an agricultural operation was in existence.
(2) The agricultural operation was established prior to any change in the character of the property in the vicinity of the agricultural operation.
(3) The agricultural operation has existed for one year or more and the conditions or circumstances alleged to constitute a nuisance have existed substantially unchanged since the established date of operation.
C. When an agricultural operation has been established, the protection from nuisance actions provided by this Section shall include the protection of similar agricultural operations engaged in as a result of the normal rotation of crops, or livestock, or both.
Added by Acts 1983, No. 95, §1; Acts 2008, No. 515, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3605. Frivolous lawsuits

RS 3:3605 - Frivolous lawsuits
If the court determines that any action alleging that an agricultural operation is a nuisance is frivolous, the court may award costs of court, reasonable attorney fees, and any other related costs to the defendant.
Added by Acts 1983, No. 95, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3607. Local ordinances

RS 3:3607 - Local ordinances
A. No parish governing authority shall adopt any ordinance that declares any agricultural operation operated in accordance with generally accepted agricultural practices or traditional farm practices to be a nuisance or any zoning ordinance that forces the closure of any such agricultural operation.
B. Municipal zoning and nuisance ordinances shall not apply to agricultural operations that were established outside the corporate limits of the municipality and that were incorporated into the municipality by annexation.
C. The governing authorities of parishes and municipalities may adopt ordinances to prohibit or regulate agricultural operations that are negligently operated or that are not operated in accordance with generally accepted agricultural practices or traditional farm practices.
D. The provisions of Subsection A of this Section shall not apply to Jefferson Parish.
Added by Acts 1983, No. 95, §1; Acts 1993, No. 731, §1, eff. June 21, 1993; Acts 2008, No. 515, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3608. Minimization of impact of governmental action

RS 3:3608 - Minimization of impact of governmental action
To minimize the impact of governmental action affecting private agricultural property and private agricultural property rights, a governmental entity shall:
(1) Avoid imposing an undue burden on the resources of that governmental entity by actions that require compensation of private agricultural property owners under the United States Constitution or the Constitution of Louisiana.
(2) Avoid diminution in value of private agricultural property which is used in agricultural production or which may potentially be used in agricultural production.
(3) Expedite a decision by the entity in cases in which a delay of the decision will substantially interfere with the use or value of private agricultural property rights affected by the provisions of this Part.
(4) Avoid unnecessary delays in compensating owners of private agricultural property when diminution in value occurs by governmental action.
Acts 1995, No. 302, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3609. Impact assessment

RS 3:3609 - Impact assessment
A. A governmental entity shall prepare a written assessment of any proposed governmental action prior to taking any proposed action that will likely result in a diminution in value of private agricultural property.
B. The written assessment shall include written analyses and conclusions concerning:
(1) A clear and specific identification of the governmental action and the purpose of the governmental action.
(2) Whether the governmental action would constitute a physical invasion or occupation of private agricultural property.
(3) The length of time that the governmental action would interfere with the use of private agricultural property.
(4) Whether the governmental action would result in a diminution in value as to the affected private agricultural property and, if so, the extent thereof.
(5) The extent to which the governmental action would interfere with the potential for agricultural development of the private property of owners.
(6) Whether the proposed governmental action restricts or prohibits a use which is already prohibited by existing law.
(7) Alternatives to the proposed action that would lessen or eliminate any adverse impact on private agricultural property.
(8) An estimate of the cost to the governmental entity if the entity is required to compensate one or more private agricultural property owners.
(9) The identity of the source of payment within the entity's budget or otherwise for any compensation that may be ordered.
C. If there is an immediate threat to health and safety that constitutes an emergency, requires immediate governmental action, and prohibits the timely production of the assessment required in this Section, then the assessment shall be made at the earliest possible time after the governmental action is completed.
D. The governmental entity preparing the assessment shall deliver copies to the governor, the commissioner of agriculture and forestry, and any affected landowners.
E. The commissioner of agriculture and forestry shall promulgate guidelines for owners of private agricultural property and governmental entities to assist in determining what governmental actions are likely to result in a diminution of value of private agricultural property.
Acts 1995, No. 302, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3610. Private agricultural property owner's right of action; remedies

RS 3:3610 - Private agricultural property owner's right of action; remedies
A. An owner of private agricultural property may bring an action against a governmental entity to determine whether the governmental action caused a diminution in value of a parcel of private agricultural property in which the owner has an interest. The owner of the affected private agricultural property shall show that the diminution in value did not result from a restriction or prohibition of a use of the private agricultural property that was not a use already prohibited by law.
B. An action brought under the provisions of this Section may be filed in the state court that has jurisdiction over the property and the owner shall be entitled to a trial by jury.
C. Owners and governmental entities are encouraged to seek resolution of actions brought under this Section through mediation or any other mutually agreeable alternative dispute resolution method prior to the filing of any action. When a pending action has not been the subject of an attempted mediation, the court may require the parties to attempt mediation at any point in the proceedings prior to trial.
D. In an action brought pursuant to this Section, upon a determination that a governmental action caused a diminution in value of private agricultural property, the owner shall, at the option of the owner, recover a sum equal to the diminution in value of the property and retain title thereto, or recover the entire fair market value of the property prior to the diminution in value of twenty percent or more and transfer title to the property to the governmental entity.
E. The court in issuing any final order in any action brought pursuant to this Section may award costs of litigation, including reasonable attorney and expert witness fees, to the prevailing party in addition to other remedies provided by law.
F. If a property owner prevails in a suit filed as provided in this Section, the governmental entity may rescind or repeal the rule or regulation which caused the diminution in value of the property, and if such rule or regulation is rescinded or repealed the governmental entity shall be liable for damages sustained by the property owner to his affected property which were caused by the application of the rescinded or repealed rule or regulation.
Acts 1995, No. 302, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3611. Determination of property value

RS 3:3611 - Determination of property value
In determining the assessed value of real agricultural property for ad valorem purposes, a governing authority shall reduce the assessment by the diminution in value as determined by the court or, in the absence of a court determination, by the appropriate assessing official. No such assessment shall be retroactive.
Acts 1995, No. 302, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3612. Restrictions and limitations

RS 3:3612 - Restrictions and limitations
A. Nothing in this Part shall restrict any other remedy or right that any person or class of persons may have under any other provision of law.
B. Nothing in this Part shall limit or change any requirement of the Louisiana Administrative Procedure Act and the Louisiana Code of Civil Procedure.
C. Nothing in this Part shall apply to any governmental action where the purpose of the said governmental action is the regulation of agriculture or the regulation of agricultural activity by a governmental entity charged with the responsibility of promotion, protection, and advancement of agriculture.
Acts 1995, No. 302, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3621. Citation; legislative findings; purpose

RS 3:3621 - Citation; legislative findings; purpose
A. This Part shall be known and may be cited as the Louisiana Right to Forest Law.
B.(1) The legislature hereby finds and declares that forestry is an essential contribution to the economy of the state.
(2) The legislature further finds that the purpose of this Part is to allow owners of property classified as forest land to conduct activities relating to forest production or if a governmental entity prohibits or severely limits such activities, to compensate the owners for their losses.
Acts 1995, No. 302, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3622. Definitions

RS 3:3622 - Definitions
As used in this Part, the following terms shall have the following meanings:
(1) "Forest activities" means any activity on forest land associated with the reforesting, growing, managing, protecting, and harvesting of timber, wood, and forest products.
(2) "Forest land" means any land in the state devoted to the growing of trees or the commercial production of timber, wood, or forest products that is located outside the corporate limits of any municipality. Land which is assessed for a use value under the provisions of R.S. 47:2301 et seq. shall be presumed to be forest land.
(3) "Governmental action" means annexation of territory by a governmental entity or the issuance of a rule, regulation, policy, or guideline promulgated for or by any governmental entity, or an order or other legally binding directive having the force of law or capable of being enforced by government which prohibits or limits the right of an owner to conduct forestry activities on forestry land. Governmental action does not mean the following:
(a) A formal exercise of the power of eminent domain.
(b) A result of police power to prohibit activities that are harmful to the public safety and health.
(c) An order issued as a result of a violation of law.
(d) The adoption, enactment, repeal, or amendment of a statute or resolution by the legislature.
(e) A government action directed or mandated by an order of a court of competent jurisdiction.
(f) Law enforcement activity involving the seizure or forfeiture of private forest land for a violation of law or as evidence in a criminal proceeding.
(g) Action taken to enforce a mortgage or other valid security device.
(h) Actions taken in compliance with federal law or regulation.
(4) "Governmental entity" means:
(a) A board, authority, commission, department, office, or agency of the state government.
(b) A local governmental subdivision with a population of less than four hundred twenty-five thousand.
(c) A special purpose district.
(5) "Owner" means a person owning an interest in forest land at the time a governmental action becomes effective as to the forest land in which the owner owns an interest.
(6) "Prohibits or limits" means an existent reduction of twenty percent or more of the fair market value of forest land, or any portion thereof, or property rights thereto associated with conducting forestry activities on forest land before the action.
Acts 1995, No. 302, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3622.1. Impact assessment

RS 3:3622.1 - Impact assessment
A. A governmental entity shall prepare a written assessment of any proposed governmental action prior to taking any proposed action that will likely result in a diminution in value of forest land.
B. The written assessment shall include written analyses and conclusions concerning:
(1) A clear and specific identification of the governmental action and the purpose of the governmental action.
(2) Whether the governmental action would constitute a physical invasion or occupation of forest land.
(3) The length of time that the governmental action would interfere with the use of forest land.
(4) Whether the governmental action would result in a diminution in value as to the affected forest land and, if so, the extent thereof.
(5) The extent to which the governmental action would interfere with the potential for forestry development of the property of owners.
(6) Whether the proposed governmental action restricts or prohibits a use which is already prohibited by existing law.
(7) Alternatives to the proposed action that would lessen or eliminate any adverse impact on forest land.
(8) An estimate of the cost to the governmental entity if the entity is required to compensate one or more forest landowners.
(9) The identity of the source of payment within the entity's budget or otherwise for any compensation that may be ordered.
C. If there is an immediate threat to health and safety that constitutes an emergency, requires immediate governmental action, and prohibits the timely production of the assessment required in this Section, then the assessment shall be made at the earliest possible time after the governmental action is completed.
D. The governmental entity preparing the assessment shall deliver copies to the governor and the commissioner of agriculture and forestry, and any affected landowners.
Acts 1995, No. 302, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3623. Landowner's right of action; remedies

RS 3:3623 - Landowner's right of action; remedies
A. An owner of forest land shall have a cause of action against a governmental entity for damages resulting from governmental action which prohibits or limits an owner's ability to conduct forestry activities on forest land in which the owner has an interest.
B. An action brought under the provisions of this Section may be filed in the district court that has jurisdiction over the property and the owner shall be entitled to a trial by jury, provided that the requirements of R.S. 13:5105 are met.
C. In an action brought pursuant to this Section and subject to the provisions of R.S. 13:5105 et seq., upon a determination that a governmental action caused a diminution in value of forest land resulting in prohibition or limit of use in violation of this Part, the owner shall recover a sum equal to the diminution in value of the property and retain title thereto.
D. The court in issuing any final order in any action brought pursuant to this Section may award costs of litigation, including reasonable attorney and expert witness fees, to the prevailing party in addition to other remedies provided by law.
E. A subsequent repeal or rescission by the governmental entity of the governmental action, which is the subject of a suit, shall not preclude the owner of the right to recover damages resulting from such action and in the discretion of the court, reasonable attorney and expert witness fees.
Acts 1995, No. 302, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3651. Legislative findings and intent

RS 3:3651 - Legislative findings and intent
The legislature hereby finds and declares that:
(1) Certain state laws permit a secured lender to enforce liens against a purchaser of farm products even if the purchaser does not know that the sale of the products violates the lender's security interest in the products, lacks any practical method for discovering the existence of the security interest, and has no reasonable means to ensure that the seller uses the sales proceeds to repay the lender.
(2) These laws subject the purchaser of farm products to double payment for the products, once at the time of purchase, and again when the seller fails to repay the lender.
(3) The exposure of purchasers of farm products to double payment inhibits free competition in the market for farm products.
(4) This exposure constitutes a burden on and an obstruction to commerce in Louisiana farm products.
(5) The purpose of this legislation is to remove the burdens on and obstructions to commerce in Louisiana farm products.
Acts 1987, No. 451, §1, eff. Oct. 1, 1987.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3653. Applicability

RS 3:3653 - Applicability
The provisions of this Chapter shall apply to security devices affecting farm products, including timber.
Acts 1987, No. 451, §1, eff. Oct. 1, 1987; Acts 1988, No. 323, §1; Acts 1990, No. 123, §1, eff. Jan. 1, 1991; Acts 2010, No. 378, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3655. Administration

RS 3:3655 - Administration
A. The secretary shall administer the provisions of this Chapter.
B. The secretary shall adopt such rules and regulations as are necessary to implement the provisions of this Chapter. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act, and shall conform with the requirements of Section 1324 of the Food Security Act of 1985, P.L. 99-198*, as amended, and regulations issued thereunder as applicable.
C. The failure of the secretary to include in the central registry the information contained in any effective financing statement filed with any filing officer and transmitted to the secretary for inclusion in the central registry as provided in this Chapter shall subject the office and its insurer to the payment of all damages suffered thereby by any person.
D.(1) The office and its insurer shall be answerable for injury resulting from the filing officer's omitting to record such effective financing statements that are filed for recordation with the filing officer.
(2) The office and its insurer shall be answerable for injury resulting from a filing officer's omitting to mention in encumbrance certificates one or several effective financing statements filed for recordation with the filing officer and transmitted to the secretary for inclusion in the central registry, unless the error proceeds from a want of exactness in the description which cannot be imputed to him.
(3) The office of risk management within the division of administration shall obtain and maintain in effect at all times liability insurance covering the office for any errors and omissions which may occur in the operation of the central registry.
Acts 1987, No. 451, §1, eff. Oct. 1, 1987; Acts 1989, No. 548, §1, eff. Aug. 22, 1989; Acts 1990, No. 123, §1, eff. Jan. 1, 1991.
*7 U.S.C.A. 1631.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3657. Fees

RS 3:3657 - Fees
A.(1) The fee for filing, recording, and cancelling each effective financing statement shall be twenty dollars. The fee for filing, recording, and cancelling each effective financing statement which contains additional information sufficient to constitute a financing statement under Chapter 9 of Title 10 of the Louisiana Revised Statutes of 1950 shall be thirty-five dollars. The secretary shall be entitled to seven dollars of the fee charged by the filing officer for the filing, recording, and cancelling of each effective financing statement or other statement filed pursuant to this Chapter.
(2) The fee for filing each amendment, assignment, release, continuation, or other similar statement pertaining to an effective financing statement shall be twenty dollars. The secretary shall be entitled to seven dollars of the fee charged by the filing officer for the filing and recordation of each such statement.
(3) The fee for the issuance of each encumbrance certificate shall be fifteen dollars. The secretary shall be entitled to five dollars of the fee charged by the filing officer for each encumbrance certificate issued pursuant to the provisions of this Chapter.
B. Beginning in February of 1991, on or before the tenth day of each month, the filing officer shall remit to the secretary that portion of the fees allocable to the secretary which was received by the filing officer during the preceding month.
C. The secretary by rule shall establish fees to fund the operation of the central registry. The fees established by the secretary shall be based on the cost of operating the central registry. The fees shall be limited to fees for:
(1) Issuance of the master list as required by Section 1324 of the Food Security Act of 1985, P.L. 99-198*, as amended.
(2) Allowing access to the computerized information in the central registry to the extent authorized by R.S. 3:3654(C).
Acts 1987, No. 451, §1, eff. Oct. 1, 1987; Acts 1989, No. 548, §1, eff. Aug. 22, 1989; Acts 1990, No. 123, §1, eff. Jan. 1, 1991.
*7 U.S.C.A. §1631.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3658. Disposition of fees

RS 3:3658 - Disposition of fees
Subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, all fees received by the secretary under the provisions of this Chapter shall be deposited immediately upon receipt into the state treasury and shall be credited to the Bond Security and Redemption Fund.
Acts 1987, No. 451, §1, eff. Oct. 1, 1987; Acts 1990, No. 123, §1, eff. Jan. 1, 1991; Acts 1992, No. 984, §2.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3659. Declaration

RS 3:3659 - Declaration
Each person who purchases farm products may print the following declaration on the back of each check or draft issued in payment for those farm products:
"By endorsing this check or draft I hereby certify that I am legally entitled to sell the farm products purchased with the proceeds of this check or draft and that the farm products are not subject to any security interest except a security interest in favor of the payee or payees of this check or draft."
Acts 1989, No. 548, §1, eff. Aug. 22, 1989.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3660. Criminal penalties

RS 3:3660 - Criminal penalties
A. No person shall provide any false or misleading information concerning the name of the owner of any farm products or concerning the existence of any security interest affecting the farm products with the intent to deprive the holder of any of his security under the security interest. No person shall take any action with respect to the alienation, encumbrance, or other disposition of farm products which are subject to a security device with the intent to deprive the holder of any of his security under the security device.
B. The signing of the declaration authorized by R.S. 3:3659 without complying with the terms of that declaration shall create the presumption that the person who signed the declaration intended to deprive a holder of a security device affecting the farm products of his security under the security device.
C. Whoever violates the provisions of this Section shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not more than ten years, or both.
Acts 1989, No. 548, §1, eff. Aug. 22, 1989.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3671. Receiving agricultural products in borrowed containers; liability

RS 3:3671 - Receiving agricultural products in borrowed containers; liability
Any person, firm, or corporation wilfully and knowingly receiving or accepting delivery of agricultural products in containers furnished or loaned by another to a grower or producer of such products, whether for a consideration or otherwise, under a stipulation or agreement that the containers shall be used by the grower or producer solely for the purpose of delivery of agricultural products, except sweet potatoes, to the person, firm, or corporation furnishing or loaning the containers is a participant with the grower or producer in his breach of the stipulation or agreement under which the containers were furnished or loaned, and is liable in damages in a sum of three times the value of the containers received or accepted by him, together with reasonable attorney's fees to be fixed by the trial court.
Acts 2009, No. 24, §8E, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3672. Receiving agricultural products in borrowed containers; injunctive relief

RS 3:3672 - Receiving agricultural products in borrowed containers; injunctive relief
In addition to the right of action for damages provided for in R.S. 3:491, the person, firm, or corporation furnishing containers under stipulations or agreement shall, on complying with the laws relative thereto, be entitled to an injunction prohibiting any other person, firm, or corporation from receiving or accepting agricultural products, except sweet potatoes, in the containers and shall furthermore be entitled to a writ of provisional seizure of all containers involved in the breach.
Acts 2009, No. 24, §8E, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3673. Producer selling direct to consumer not subject to permit fees, license tax or fee, or inspection fees; inspection; time for sale

RS 3:3673 - Producer selling direct to consumer not subject to permit fees, license tax or fee, or inspection fees; inspection; time for sale
Any trucker, farmer, or producer of fruits, vegetables, grains, or meats in this state, or any employee of such farmer or producer, may sell the produce or products in any quantities direct to any consumer in this state, whether roadside, at a farmers market, or other direct means, and no state, parochial, or municipal authority shall require the payment of any permit fee, license tax or fee, or inspection fee of any kind or character whatsoever. Any such person may sell the produce, whether raw or processed, and shall not be required to pay an occupational license tax. Any state, parochial, or municipal authority having the power, or charged with the duty, may at its own expense inspect the produce or products above mentioned, the inspection to be made at such time and in such manner as may least inconvenience the producer. Within the limit of any municipality having ordinances regulating the hours within which the produce or products above mentioned may be sold, the trucker, farmer, or producer, or any employee of such farmer or producer, shall sell the produce or products only between the hours of eight o'clock a.m. and six o'clock p.m.
Acts 2002, 1st Ex. Sess., No. 116, §1, eff. April 23, 2002; Acts 2009, No. 24, §8E, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3674. Dairyman selling direct to processor or distributor not subject to license tax or inspection fees

RS 3:3674 - Dairyman selling direct to processor or distributor not subject to license tax or inspection fees
Any dairyman in this state, who does not operate a retail delivery route and sell his produce at retail, may sell any produce from his dairy in any quantities direct to a creamery, ice cream maker, or other distributor in this state, and shall not be required to pay any license tax or inspection fees of any kind whatsoever, directly or indirectly. Any state, parochial, or municipal authority having the power or charged with the duty may at its own expense inspect the produce above mentioned, the inspection to be made at such time and in such manner as not to unduly delay the dairyman in the distribution of his produce.
Acts 2009, No. 24, §8E, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3675. Bill of sale for cattle required; penalty for butchering without bill

RS 3:3675 - Bill of sale for cattle required; penalty for butchering without bill
No person shall kill, slaughter, or butcher any cattle which have been acquired by purchase or trade without first having obtained a bill of sale from the seller. The bill of sale shall be a written memorandum in ink or indelible pencil, signed by the seller, showing the date of the sale or trade and a sufficient description of the animal sold or traded. The owner shall exhibit the bill of sale on the request of any person inquiring therefor.
Whoever violates the provisions of this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned for not less than thirty days nor more than ninety days, or both.
Acts 2009, No. 24, §8E, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3676. Administration of R.S. 3:3675

RS 3:3676 - Administration of R.S. 3:3675
The Louisiana Board of Animal Health may promulgate rules and regulations for carrying out the provisions of R.S. 3:3675.
Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2009, No. 24, §8E, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3677. Substances forbidden for preparing rice; penalty

RS 3:3677 - Substances forbidden for preparing rice; penalty
No person shall use oil, paraffin, or any other similar substance in the process of cleaning rice or preparing it for market, for the purpose of increasing its weight, transparency, or brilliancy or bettering its appearance in any manner.
Whoever violates this Section shall be fined not more than one hundred dollars, or imprisoned for not more than thirty days, for each offense.
Acts 2009, No. 24, §8E, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3678. Purchase or process of green rice; statement of moisture content

RS 3:3678 - Purchase or process of green rice; statement of moisture content
It shall be unlawful for any rice mill or rice dryer, whether same be a person, firm, corporation, partnership or individual, to purchase or process green rice without furnishing the owner or seller thereof a statement, at his request, showing the moisture content of said rice. Violation of this Section shall be punished by a fine not to exceed five hundred dollars or imprisonment not to exceed ninety days, or both.
Acts 1950, No. 306, §§1, 2; Acts 2009, No. 24, §8E, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3679. Deduction of scalage prohibited; penalty

RS 3:3679 - Deduction of scalage prohibited; penalty
No purchaser or weigher of cotton shall deduct any number of pounds, known as scalage, from the actual weight of any bale of cotton weighed or purchased by him; but the purchaser shall account to the seller of cotton for the actual weight of the bale purchased or weighed, except in cases of wet or damaged cotton when the amount to be deducted may be agreed upon by the purchaser and seller.
Whoever violates this Section shall be fined not less than ten dollars nor more than thirty dollars for each offense.
Acts 2009, No. 24, §8E, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3680. False statements as to agricultural products and sales; penalty

RS 3:3680 - False statements as to agricultural products and sales; penalty
No person doing a commission or brokerage business shall render any false statement or account of sales of any cotton or other agricultural product to the shipper, nor falsely represent that the product is being held for future sale when in fact the product has been sold and only a sample retained. No person shall sell any cotton or other agricultural product received on consignment without rendering to the consignor within ten days after delivery a complete account of the sale showing the grade, price received, and the name of the purchaser and his post-office address. No person rendering an account of sales of any cotton or other agricultural product shall make on the account any false charge or false statement or report of the condition of the product, render any account for shortage, nor make any other false report calculated to deceive the consignor, with intent to defraud.
Whoever violates this Section shall be fined not less than one hundred dollars nor more than one thousand dollars, and imprisoned for not less than thirty days nor more than six months.
Acts 2009, No. 24, §8E, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3681. Sale of hogs with head or ears removed prohibited; penalty

RS 3:3681 - Sale of hogs with head or ears removed prohibited; penalty
No person except public slaughter, packing, or cold storage houses shall offer for sale a dressed hog ready for market with its head or ears removed from its body.
Whoever violates this Section shall be fined not less than twenty-five dollars nor more than fifty dollars, or imprisoned for not less than ten days nor more than thirty days, or both.
Acts 2009, No. 24, §8E, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:3682. Imported agricultural products

RS 3:3682 - Imported agricultural products
No person in the state shall sell any agricultural product which was grown or produced in any other state and which is falsely represented for sale as a product of this state.
Whoever violates this Section shall be fined not less than one hundred dollars nor more than one thousand dollars.
Added by Acts 1964, No. 232, §1; Acts 2009, No. 24, §8E, eff. June 12, 2009.