reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:321. Policy statement

RS 3:321 - Policy statement
Louisiana's rural areas are a vital element of the state. In order to mitigate the rapid deterioration of rural health, education, infrastructure, and other systems essential to the socioeconomic well-being of Louisiana's rural population, it is necessary that the state encourage and support the creation of a rural development program. It is therefore declared to be the public policy of this state to develop and enhance the state's rural areas through a rural development fund and a program of rural development.
Acts 2021, No. 331, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:322. Rural Development Fund

RS 3:322 - Rural Development Fund
A. Funds received by the office of rural development under this Chapter or otherwise made available for the purpose of this Chapter shall be deposited immediately upon receipt into the state treasury.
B. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required in Subsection A of this Section and monies appropriated by the legislature shall be credited to a special fund hereby created in the state treasury to be known as the "Rural Development Fund". The monies in this fund shall be used solely as provided in Subsection C of this Section and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in this fund at the end of the fiscal year shall remain in the fund. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to this fund, again following compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund.
C. The monies in the Rural Development Fund shall be used by the office of rural development solely to fund projects developed and coordinated jointly by the office of rural development and the Department of Transportation and Development in rural areas of this state and for the administration and implementation of the provisions of this Chapter.
D. The Rural Development Fund is hereby authorized to receive monies from the sale of general obligation bonds of the state issued pursuant to Article VII, Section 6 of the Constitution of Louisiana. Such proceeds are to be used for the constitutionally permissible purposes of making capital improvements, providing relief from natural catastrophes, or for the matching of federal funds received for such purposes.
Acts 2021, No. 331, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:323. Administration of funds; rules and regulations; program guidelines

RS 3:323 - Administration of funds; rules and regulations; program guidelines
A. The Rural Development Fund shall be administered by the office of rural development. Subject to the budget process and appropriations made for such purposes, the director of the office of rural development may employ personnel necessary for the efficient and proper administration of this Chapter.
B. The office shall adopt rules and regulations governing the use of this fund and shall adopt rules and regulations governing any program or funding action that it implements prior to the initiation of the program or funding action. Specifically, rules and regulations shall establish a formula for the distribution of funds. Such formula shall use as its basis all relevant data including but not limited to the affected population, unemployment, and other elements that may assist in the determination of the direct and indirect social and economic benefit to the rural community and the relationship of the project or activity to the overall rural revitalization plan for the state. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act with legislative review by the House and Senate committees on agriculture, forestry, aquaculture, and rural development.
C. The office shall clearly delineate the projects that are to be implemented and the functions that each project will fulfill. The office shall apply the following guidelines to any project funded:
(1) All projects or activities funded shall be related to the revitalization of a designated rural area, as defined in R.S. 3:313.
(2) All funds shall be used to mitigate the rapid deterioration of rural health, education, transportation, public facilities, tourism, infrastructure, or other systems essential to the socioeconomic well-being of the state's rural areas.
(3) All projects or activities should enhance and broaden rural employment opportunities and community services.
(4) All projects or activities should further the provisions of the Louisiana Rural Development Law.
Acts 2021, No. 331, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:331. Legislative findings

RS 3:331 - Legislative findings
The legislature hereby finds and declares that economic development is one of the missions of land grant universities. The Louisiana Board of Regents' Master Plan for Higher Education calls for the Louisiana State University Agricultural Center and the Southern University Agricultural Research and Extension Center to play an integral role in supporting agricultural industries, sustaining rural areas, and encouraging efficient use of resources through research and educational programs conducted by its experiment stations and extension service.
Acts 2004, No. 796, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:341. Delta Agriculture Research and Sustainability District; creation; purpose; territorial jurisdiction

RS 3:341 - Delta Agriculture Research and Sustainability District; creation; purpose; territorial jurisdiction
A. The Delta Agriculture Research and Sustainability District, referred to in this Part as the "district", is hereby constituted and is declared to be a body politic and political subdivision of the state of Louisiana, as defined in Article VI, Section 44 of the Constitution of Louisiana.
B. Pursuant to Article VI, Sections 19 and 21 of the Constitution of Louisiana, the district, acting through its board of commissioners, the governing authority of the district, is hereby granted all of the rights, powers, privileges, and immunities granted to or authorized for political subdivisions for industrial, commercial, research, and economic development purposes including but not limited to the power to incur debt and issue revenue and general obligation bonds, certificates of indebtedness, bond and certificate anticipation notes, and refunding bonds, subject to the limitations provided in this Part.
C. The district shall be established for the primary object and purpose of promoting and encouraging agricultural research and sustainability to stimulate the economy through commerce, industry, and research and for the utilization and development of natural and human resources of the area by providing job opportunities.
D. The boundaries of the district shall be coterminous with the boundaries of the parishes of Concordia, East Carroll, Madison, and Tensas.
Acts 2021, No. 337, §1; Acts 2023, No. 265, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:343. Powers of district

RS 3:343 - Powers of district
A. The district shall have and exercise all powers of a political subdivision necessary or convenient for the carrying out of its objects and purposes, including but not limited to rights and powers set out in this Section:
(1) To sue and be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3) To acquire by gift, grant, or purchase, but not by expropriation, all property, including rights-of-way, and to hold and use any franchise or property, immovable, movable, corporeal or incorporeal, or any interest therein, necessary or desirable for carrying out the objects and purposes of the district, including but not limited to the establishment, maintenance, and operation of a board office and research facility.
(4) To enter into contracts for the purchase, acquisition, construction, and improvement of works and facilities.
(5) In its own name and on its own behalf, to incur debt and to issue general obligation bonds, revenue bonds, certificates, notes, and other evidence of indebtedness.
(6) To regulate the imposition of fees and rentals charged by the district for its facilities and services rendered by it.
(7) To borrow money and pledge all or part of its revenues, leases, rents, or other advantages as security for such loans.
(8) To appoint officers, agents, and employees, prescribe their duties, and fix their compensation.
(9) To seek, apply for, or receive any donations, financial assistance, or monies by way of public or private grants or investors.
B. The district shall not be deemed to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana.
Acts 2021, No. 337, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:344. Obligations of the district

RS 3:344 - Obligations of the district
A. The district shall have authority to incur debt for any one or more of its lawful purposes set forth in this Part, to issue in its name negotiable bonds, notes, certificates of indebtedness, or other evidence of debt, and to provide for the security and payment thereof.
B.(1) The district may in its own name and behalf borrow from time to time in the form of certificates of indebtedness. The certificates shall be secured by the dedication and pledge of monies of the district derived from any lawful sources, including fees, lease rentals, service charges, local service agreement payments from one or more other contracting parties, or any combination of such sources of income, provided that the term of such certificates shall not exceed ten years and the annual debt service on the amount borrowed shall not exceed the anticipated revenues to be dedicated and pledged to the payment of the certificates of indebtedness, as shall be estimated by the board of the district at the time of the adoption of the resolution authorizing the issuance of such certificates. The estimate of the board referred to in the authorizing resolution shall be conclusive for all purposes of this Section.
(2) The board, as the governing authority of the district, is authorized to adopt all necessary resolutions or ordinances which may be necessary for ordering, holding, canvassing, and promulgating the returns of any election required for the issuance of general obligation bonds, which resolutions or ordinances may include covenants for the security and payment of any bonds or other evidence of debt so issued.
(3) For a period of thirty days from the date of publication of any resolution or ordinance authorizing the issuance of any bonds, certificates of indebtedness, notes, or other evidence of debt of the district, any interested person may contest the legality of such resolution or ordinance and the validity of such bonds, certificates of indebtedness, notes, or other evidence of debt issued or proposed to be issued thereunder and the security of their payment, after which time no one shall have any cause of action to contest the legality of the resolution or ordinance or to draw into question the legality of the bonds, certificates of indebtedness, notes, or other evidence of debt, the security therefor, or the debts represented thereby for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of thirty days.
(4) The issuance and sale of such bonds, certificates of indebtedness, notes, or other evidence of debt by the district shall be subject to approval by the State Bond Commission.
(5) Such bonds, certificates of indebtedness, notes, or other evidence of debt shall have all the qualities of negotiable instruments under the commercial laws of the state of Louisiana.
Acts 2021, No. 337, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:345. Securities

RS 3:345 - Securities
Bonds, certificates, or other evidence of indebtedness issued by the district under this Part are deemed to be securities of public entities within the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana Revised Statutes of 1950, and shall be subject to defeasance in accordance with the provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, and may be refunded in accordance with the provisions of Chapters 14-A and 15 of Title 39 of the Louisiana Revised Statutes of 1950, and may also be issued as short-term revenue notes of a public entity under Chapter 15-A of Title 39 of the Louisiana Revised Statutes of 1950.
Acts 2021, No. 337, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:346. Exemption from taxation

RS 3:346 - Exemption from taxation
The district and all properties at any time owned by the district and the income therefrom and all bonds, certificates, and other evidence of indebtedness issued by the district under this Part and the interest or income therefrom shall be exempt from all taxation by the state of Louisiana.
Acts 2021, No. 337, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:347. General compliances; enhancement

RS 3:347 - General compliances; enhancement
A. No provision of this Part shall be construed to exempt the district from compliance with the provisions of Louisiana laws pertaining to open meetings, public records, fiscal agents, official journals, dual officeholding and employment, public bidding for the purchase of supplies and materials and construction of public works, the Code of Governmental Ethics, the Right to Property in Article I, Section 4 of the Constitution of Louisiana, and the Louisiana Election Code.
B. The district shall have the power and right to adopt a program or programs awarding contracts to, and establishing set-aside goals and preference procedures for the benefit of, businesses owned and operated by socially or economically disadvantaged persons in accordance with any of the provisions of R.S. 38:2233 and of Chapter 19 of Title 39 of the Louisiana Revised Statutes of 1950, entitled "Louisiana Minority and Women's Business Enterprise Act".
C. The financial records of the district shall be audited pursuant to R.S. 24:513.
Acts 2021, No. 337, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:431. §§431 to 441 REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989.

RS 3:431 - §§431 to 441 REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.1. Purpose

RS 3:556.1 - Purpose
A. The provisions of this Part are intended to provide a voluntary method of raising revenues to be used for the purposes of developing markets for farm-raised and wild-caught Louisiana crawfish and for funding research which will increase production of farm-raised and wild-caught Louisiana crawfish.
B. It is hereby acknowledged that the promotion and marketing of farm-raised or wild-caught Louisiana crawfish is of great public interest and that the development of marketing potential for Louisiana crawfish can be of great economic benefit to the state and its citizens. The department shall put forth great effort to promote and help develop markets for Louisiana crawfish whether they be farm-raised or wild-caught Louisiana crawfish.
C. In pursuit of the effort to promote the Louisiana crawfish industry, the commissioner and the secretary of the Department of Wildlife and Fisheries are hereby directed to enter into a memorandum of understanding recognizing the immense value of the wild-caught crawfish industry to the state of Louisiana and pledging to work together to bring the resources of both departments in support of Louisiana crawfish, both farm-raised or wild-caught. The memorandum of understanding shall also include a pledge to work together to seek out revenue sources that can be used to support, develop, and promote both the farm-raised and the wild-caught crawfish industries and a pledge to work jointly to support, develop, promote, and enhance the crawfish industry, both farm-raised or wild-caught. The memorandum of understanding shall also include a pledge to work jointly with the state's congressional delegation to ensure that all elements of the industry, including the farmers, the harvesters, and the processors, are eligible for any disaster funding which may be appropriated for the industry.
Added by Acts 1983, No. 679, §1; Acts 2008, No. 334, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.2. Definitions

RS 3:556.2 - Definitions
As used in this Part, the following terms shall have the following meanings ascribed to them:
(1) "Artificial crawfish bait" or "bait" means any substance that is manufactured or processed into a substantially different form than the raw materials and is sold for the purpose of attracting crawfish to traps.
(2) "Board" means the Louisiana Crawfish Promotion and Research Board.
(3) "Commissioner" means the Louisiana commissioner of agriculture and forestry.
(4) "Crawfish farmer" means a person who farms or cultivates crawfish in ponds.
(5) "Crawfish harvester" means a person who harvests wild crawfish commercially without participating in the growing of the crawfish.
(6) "Department" means the Louisiana Department of Agriculture and Forestry.
(7) "Person" means any individual, corporation, partnership, association, or other legal entity.
(8) "Quarter" means a calendar quarter more specifically defined as follows:
(a) First quarter: January, February, and March.
(b) Second quarter: April, May, and June.
(c) Third quarter: July, August, and September.
(d) Fourth quarter: October, November, and December.
(9) "Ultimate consumer" means any person who purchases bait for use in crawfish traps.
(10) "Distributor" means a Louisiana manufacturer of crawfish bags or a person who brings crawfish bags into Louisiana which were manufactured outside of Louisiana or a person who brings crawfish tail meat into Louisiana or who distributes crawfish tail meat in Louisiana.
Added by Acts 1983, No. 679, §1; Acts 1985, No. 492, §1; Acts 1995, No. 543, §1; Acts 2009, No. 24, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.4. Officers and employees

RS 3:556.4 - Officers and employees
A. The members of the board shall elect a chairman, a vice chairman, and such other officers as they deem necessary. All officers shall be members of the board.
B. The board may employ subordinate officers and employees, prescribe their duties, and fix their compensation and terms of employment.
Added by Acts 1983, No. 679, §1; Acts 2010, No. 495, §1, eff. June 24, 2010.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.5. Administration

RS 3:556.5 - Administration
A. The board may adopt rules and regulations for the administration of this Part. All rules shall be adopted in accordance with the Administrative Procedure Act.
B. The commissioner shall administer and enforce the provisions of this Part in accordance with rules and regulations adopted by the board and shall collect the assessments authorized under this Part.
C. The board shall determine who shall receive grants for marketing and research under the rules and regulations adopted pursuant to this Section.
Added by Acts 1983, No. 679, §1; Acts 1985, No. 180, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.6. Assessments

RS 3:556.6 - Assessments
A. There is hereby levied and imposed an assessment of one-quarter of one cent per pound on all artificial crawfish bait sold in this state. The assessment shall be ultimately paid by the crawfish farmers and harvesters who purchase the artificial bait.
B. There is hereby levied and imposed an assessment on each bag used to package live crawfish in the amount of one cent for each bag holding less than twenty-five pounds of crawfish, and two cents for each bag holding twenty-five pounds or more of crawfish. The assessment shall ultimately be paid by the crawfish farmers and harvesters who purchase the bags.
Added by Acts 1983, No. 679, §1. Amended by Acts 1985, No. 330, §1; Acts 1985, No. 492, §1; Acts 1986, No. 547, §1; Acts 2014, No. 219, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.8. Registration of manufacturers and distributors; reports

RS 3:556.8 - Registration of manufacturers and distributors; reports
A. Each manufacturer who sells artificial crawfish bait in Louisiana shall register each product with the department. Each manufacturer shall submit a quarterly report to the department showing the amount of artificial bait sold in Louisiana during that quarter. The quarterly reports shall be submitted on or before the fifteenth day after each quarter.
B. Each distributor who sells crawfish bags in Louisiana shall register each type of bag with the department. Each manufacturer shall submit a quarterly report to the department showing the number of each type of bag sold in Louisiana during that quarter. The quarterly reports shall be submitted on or before the fifteenth day after each quarter.
Added by Acts 1983, No. 679, §1. Amended by Acts 1985, No. 492, §1; Acts 1985, No. 330, §1; Acts 1986, No. 547, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.9. Collections

RS 3:556.9 - Collections
A. The assessments provided for in R.S. 3:556.6 shall be collected at the first point of sale in Louisiana. The person selling the artificial bait or crawfish bags shall collect the assessments.
B. Each person who collects the assessments shall remit the collections to the department on or before the fifteenth day after each quarter.
C. The assessments shall be included in the purchase price of the artificial bait or the crawfish bags each time the artificial bait or the bags are sold until they are purchased by a crawfish farmer or harvester.
D. Each person who collects an assessment shall place a stamp or seal on each unit of artificial bait for which the assessment has been collected. The stamp or seal shall be supplied by the department and shall be in the size, shape, and design approved by the board.
E. The board may impose a civil penalty for failure to collect and remit assessments in accordance with the provisions of this Section. Civil penalties shall be imposed in accordance with the following provisions:
(1) The civil penalty shall not exceed one hundred dollars per violation.
(2) Each day on which a violation occurs shall be considered a separate offense.
(3) Civil penalties may be assessed only by a ruling of the board based on an adjudicatory hearing held in accordance with the Administrative Procedure Act.
(4) The board may institute civil proceedings to enforce its rulings in the district court for the parish in which the violation occurred.
Added by Acts 1983, No. 679, §1. Amended by Acts 1985, No. 330, §1; Acts 1985, No. 492, §1; Acts 1986, No. 547, §1; Acts 1987, No. 133, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.10. Confidentiality

RS 3:556.10 - Confidentiality
The information received by the department from the reports required by R.S. 3:556.8 and the collections required by R.S. 3:556.9 shall be confidential with respect to the person submitting the report and the person remitting the collections. The figures for the total amount of artificial bait and crawfish bags sold and the total collections of each assessment shall be public record.
Added by Acts 1983, No. 679, §1; Acts 1985, No. 330, §1; Acts 1985, No. 492, §1; Acts 1986, No. 547, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.11. Refunds

RS 3:556.11 - Refunds
Each person who purchases artificial crawfish bait or crawfish bags may obtain a refund of the assessment by submitting a written request for a refund to the department on or before the fifteenth day after the end of the quarter in which the artificial bait or bags were purchased. Each request for a refund shall be accompanied by copies of invoices or sales receipts showing the amount of bait or bags purchased.
Added by Acts 1983, No. 679, §1; Acts 1985, No. 330, §1; Acts 1985, No. 492, §1; Acts 1986, No. 547, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.12. Distribution of proceeds

RS 3:556.12 - Distribution of proceeds
A. On or before the last day of the first month of each quarter the department shall transmit the refunds requested for the previous quarter and deliver the balance of the proceeds of the assessments to the board.
B. The department may retain the actual costs of collecting and transmitting the funds, not to exceed three percent of the gross amount of the funds collected from each assessment.
C. The board shall retain such amounts as are necessary for the administrative expenses of the board and shall disburse the remaining funds to fund the following: all costs related to advertising, promotion, and marketing of Louisiana crawfish; research which will aid in carrying out the purposes of this Part; efforts to increase consumption of Louisiana crawfish; providing producers, distributors, retailers, and consumers with educational information as to the nutritional and health value of Louisiana crawfish; and fulfilling any other purposes authorized by this Part.
Added by Acts 1983, No. 679, §1; Acts 1985, No. 330, §1; Acts 1985, No. 492, §1; Acts 2006, No. 21, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.13. Audits

RS 3:556.13 - Audits
The commissioner may audit the books and records of each person who is required to collect and remit the assessments provided for in this Part. The sole purpose of any audit conducted under the provisions of this Section shall be to determine if the assessments have been properly collected and remitted.
Acts 1985, No. 329, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:556.14. Assessments on crawfish tails

RS 3:556.14 - Assessments on crawfish tails
A. An assessment of one cent per pound is hereby levied on all crawfish tail meat sold in this state.
B., C. Repealed by Acts 2014, No. 219, §2.
D. If the assessment is modified or eliminated for any reason, then all assessments approved, levied, or otherwise collectible under this Section on the last date prior to any such modification or elimination of assessments taking effect shall remain valid and collectible for such time as is necessary to pay the financial obligations incurred prior to the effective date of the modification or elimination of the assessment.
E.-G. Repealed by Acts 2014, No. 219, §2.
H. The assessment shall be collected and paid at the first point of sale in Louisiana by the producer or distributor doing business in Louisiana and remitted to the department on or before the fifteenth day after the close of each quarter.
I. Each crawfish tail meat producer who produces crawfish tail meat from crawfish obtained from crawfish farmers and harvesters who have paid the assessment under R.S. 3:556.6 shall be exempt from the assessment imposed under this Section.
J. The board may impose a civil penalty for failure to collect and remit assessments in accordance with the provisions of this Section in the amount and in the manner provided for in R.S. 3:556.9(E).
K. The proceeds of the assessment shall be distributed and used in accordance with R.S. 3:556.12.
Acts 2006, No. 293, §1, eff. June 8, 2006; Acts 2014, No. 219, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:559.2. Legislative findings; purpose

RS 3:559.2 - Legislative findings; purpose
A. The legislature hereby finds and declares that a substantial production of aquatic livestock in private, constructed facilities occurs yearly in Louisiana, which substantially contributes to the vitality of Louisiana's economy. The raising and harvesting of aquatic livestock is substantially similar to and utilizes similar production practices as are used in traditional agriculture. Therefore, the legislature finds that the raising and harvesting of aquatic livestock in a private, constructed environment is agriculture and that aquatic livestock in such an environment is not wildlife.
B. No unified program for overseeing and coordinating modern, sustainable aquacultural production exists in Louisiana. The development of a modern aquaculture industry through a regulatory program that allows for the development of current and future aquacultural production, while at the same time protecting the native fish and aquatic life and wildlife and their natural habitat, will be beneficial to the economy of this state.
C. The purpose of this Part is to provide a regulatory framework for the orderly development and maintenance of a modern aquacultural segment of Louisiana's agriculture industry and for the promotion of aquaculture and aquacultural products.
Acts 2004, No. 865, §1, eff. July 12, 2004.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:559.3. Terms defined

RS 3:559.3 - Terms defined
As used in this Part, the following terms shall have the meanings given to them except where the context expressly indicates otherwise:
(1) "Aquaculture" means the producing, raising, managing, harvesting, transporting, or marketing of aquatic livestock in privately owned waters or ponds as defined in R.S. 56:8(103) and (104).
(2) "Aquatic livestock" means domestic aquatic, nongame, native, freshwater organisms produced, raised, managed, or harvested within or from a constructed impoundment in compliance with rules and regulations adopted pursuant to this Part.
(3) "Aquatic producer" means any person engaged in producing, raising, managing, harvesting, or marketing aquatic livestock.
(4) "Commissioner" means the Louisiana commissioner of agriculture and forestry.
(5) "Department" means the Louisiana Department of Agriculture and Forestry.
(6) "Facility" means any piece of property that contains a constructed impoundment or other area where aquatic livestock are produced, raised, managed, harvested, or marketed.
(7) "Impoundment" means any private, constructed pond, lake, reservoir, tank, cage, or other means of containment that has no inlet from or outlet to any public waters.
(8) "Person" means an individual, partnership, firm, company, association, corporation, limited liability company, and any other legal entity or group of persons.
Acts 2004, No. 865, §1, eff. July 12, 2004; Acts 2010, No. 743, §2A, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:559.6. Powers of the commissioner

RS 3:559.6 - Powers of the commissioner
A. The commissioner shall have the following powers and responsibilities:
(1) To develop a regulatory framework for the orderly development and maintenance of a modern, sustainable aquacultural segment of Louisiana's agriculture industry and to promote aquaculture and aquaculture products.
(2) To develop criteria for licensing and permitting and for granting or denying licenses and permits issued pursuant to this Part.
(3) To hold hearings on alleged violations of the provisions of this Part or of the rules and regulations adopted pursuant to this Part.
(4) To impose civil penalties and decide on injunctive or other civil relief to be sought for violations of the provisions of this Part or of the rules and regulations adopted pursuant to this Part.
(5) To adopt rules and regulations as are necessary to implement the provisions of this Part, including regulations establishing the criteria for granting or denying licenses and permits. All rules and regulations shall be adopted in accordance with the provisions of this Part and promulgated in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
(6) To administer and enforce the provisions of this Part and the rules and regulations adopted pursuant to this Part.
(7) To collect, administer, and disburse the proceeds of all fees, interest, penalties, and other monies collected pursuant to this Part.
(8) To issue licenses and permits to persons engaged in aquacultural activities in accordance with this Part.
(9) To conduct inspections and investigations in accordance with the provisions of this Part and any rules and regulations adopted pursuant to the provisions of this Part.
(10) To 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 pursuant to this Part.
(11) To institute civil proceedings to enforce his orders or rulings, collect any 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.
(12) To issue a stop order to prevent a violation or further violation of this Part or of any rule or regulation adopted pursuant to this Part.
B. Any suit filed pursuant to this Part may be filed in East Baton Rouge Parish or in any parish of proper venue.
Acts 2004, No. 865, §1, eff. July 12, 2004; Acts 2010, No. 743, §2A, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:559.8. Aquacultural production; licensing; fees; records

RS 3:559.8 - Aquacultural production; licensing; fees; records
A. Every aquatic producer of a suitable species of aquatic livestock shall obtain a license from the department for each facility owned or operated by the aquatic producer. Each license shall be renewed annually. An application for a license shall be on a form furnished by the department and shall solicit such information as the department deems reasonably pertinent. A fee or structured fees for licenses, permits, applications for licenses, inspections, and other services required under this Part may be adopted by rule or regulation. The amount of any fees shall not generate revenues in excess of the total cost involved in providing the license, permit, or service.
B. Prior to approval and issuance of any license, the Department of Agriculture and Forestry shall inspect each facility subject to the license to determine that aquatic livestock at the facility are in compliance with the rules and regulations adopted pursuant to this Part.
C. The criteria used by the department in inspecting the facility shall be established by rules and regulations. The criteria shall include the following:
(1) The species of aquatic livestock to be raised, maintained, or harvested at the facility.
(2) Whether the species is established in Louisiana.
(3) The physical location and size of the facility.
(4) The topography of the facility and the surrounding area.
(5) The approximate number of individual aquatic livestock at the facility.
(6) The facility's operational plan.
(7) The type of impoundment at the facility.
(8) The filtering or treatment system to be used to prevent the passage of eggs, larvae, juveniles, adults, waste, and unpurified water from the facility into areas or waters outside the facility.
(9) The emergency plan to become operational in the event of flooding or natural or manmade disasters.
(10) The most current best management practices for the type of facility.
D. Licensed aquatic producers shall maintain and preserve records as required by the rules and regulations adopted pursuant to this Part.
Acts 2004, No. 865, §1, eff. July 12, 2004; Acts 2010, No. 743, §2A, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:559.9. Inspections; investigations; confidentiality

RS 3:559.9 - Inspections; investigations; confidentiality
A. The department may conduct an investigation if it has reason to believe that a violation of this Part or the rules or regulations adopted pursuant to this Part may occur or has occurred. In connection with any such investigation, the department may compel the attendance of witnesses or the production of documents and records anywhere in the state.
B. The department shall have access, during normal working hours, to any premises where there is reason to believe that aquatic livestock are being produced, maintained, harvested, or marketed. The department may examine any facility and any records relating to the production, maintenance, harvesting, or marketing of aquatic livestock. Entrance on the premises under the provisions of this Subsection shall not be deemed to be criminal trespass under any state law or local ordinance.
C. If any person is found guilty of violating this Part or any rule or regulation adopted pursuant to this Part or is found guilty of a criminal violation as a result of any such investigation, the person found guilty shall reimburse the department the cost of the investigation.
D. The records of investigations conducted under the provisions of this Section shall be confidential and shall not be public records for the purposes of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950.
E. The Department of Agriculture and Forestry is authorized to inspect each facility licensed pursuant to R.S. 3:559.8 to determine that the aquatic livestock and the facility are in compliance with the rules and regulations adopted pursuant to this Part.
Acts 2004, No. 865, §1, eff. July 12, 2004; Acts 2010, No. 743, §2A, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:559.10. Stop order

RS 3:559.10 - Stop order
A. The commissioner may issue a stop order prohibiting the production, harvesting, distribution, sale, offering for sale, application, movement, or disturbance of any aquatic livestock or products derived therefrom to prevent a violation or continued violation of this Part or the rules and regulations adopted pursuant to this Part.
B. Any person aggrieved by a stop order may petition for a hearing on the matter. The hearing shall be held in accordance with the provisions of R.S. 3:559.13(D).
C. Based on the results of the hearing, or a consent agreement mutually entered into by the department and a violator, the commissioner may take one or more of the following actions:
(1) Release the aquatic livestock or product from the stop order.
(2) Require the cause for the stop order to be remedied prior to releasing the stop order.
(3) Destroy the aquatic livestock or product.
(4) Provide for the disposition of the aquatic livestock or product.
Acts 2004, No. 865, §1, eff. July 12, 2004.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:559.11. Deposit and disbursement of fees and other monies

RS 3:559.11 - Deposit and disbursement of fees and other monies
A. All fees, interest, penalties, and other monies received under the provisions of this Part shall be deposited in a special fund established for the department. The commissioner shall make disbursements from the fund for the activities authorized by the Part.
B. 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. The commissioner may retain a portion of the total assessments collected, as is necessary to defray the costs of collecting assessments and administering and enforcing this Part.
(2) To fund all costs related to the orderly development of a modern, sustainable aquacultural segment of Louisiana's agriculture industry and promotion of aquaculture and aquaculture products.
Acts 2004, No. 865, §1, eff. July 12, 2004; Acts 2010, No. 743, §2A, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:559.12. Violations; cost of remedying violations

RS 3:559.12 - Violations; cost of remedying violations
Violations of this Part shall include but shall not be limited to the following:
(1) Conducting business as an aquatic producer of aquatic livestock without a valid, unsuspended license or permit if a license or permit is required of that producer.
(2) Producing, maintaining, harvesting, or marketing aquatic livestock that has not been approved by the commissioner as aquatic livestock suitable for aquaculture pursuant to this Part.
(3) Allowing the discharge or passage of eggs, larvae, juveniles, or adults of aquatic livestock requiring a license or their waste or unpurified water into areas or waters outside the facility.
(4) Submitting false or fraudulent information on any application for a license or permit or in regard to any inspection or investigation conducted by the department.
(5) Maintaining false or fraudulent records.
(6) Knowingly operating faulty or unsafe equipment at a facility.
(7) Operating a facility in a faulty, careless, or negligent manner.
(8) Refusing or failing to properly maintain a facility.
(9) Refusing or failing to properly dispose of eggs, larvae, juveniles, or adults of aquatic livestock requiring a license or their waste or unpurified water from a facility.
(10) Refusing or failing to keep and maintain the records required by this Part or the regulations adopted pursuant to this Part.
(11) The aiding or abetting of, or conspiring to aid or abet, any unlicensed or unpermitted person in the violation of the provisions of this Part or of the rules and regulations adopted pursuant to this Part.
(12) Allowing a license or permit to be used by another person.
(13) Interfering with the commissioner or the department or their representatives in the performance of their duties in connection with this Part.
(14) Refusing or failing to pay any fines legally imposed pursuant to this Part.
(15) Violating any provision of this Part, any rule or regulation adopted pursuant to this Part, or any stop order issued pursuant to this Part.
Acts 2004, No. 865, §1, eff. July 12, 2004; Acts 2010, No. 743, §2A, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:559.13. Penalties; enforcement

RS 3:559.13 - Penalties; enforcement
A. Any person who violates any provision of this Part or any rule or regulation adopted pursuant thereto or any provision of a stop order shall be subject to a civil penalty of not more than five thousand dollars for each act of violation and for each day of violation. Each day on which a violation occurs shall be a separate offense.
B. Any licensee or permit holder who violates any of the provisions of this Part or the rules or regulations adopted pursuant thereto or any stop order shall be subject to having his license or permit suspended, revoked, or placed on probation, in addition to any other penalties authorized by this Part.
C. In addition to any penalty that may be imposed under Subsection A or B of this Section, any person who operates a facility requiring a license from which eggs, larvae, juveniles, or adults of aquatic livestock or their waste or unpurified water escape or are released may be required to reimburse the department any cost incurred by them in the destroying, removing, containing, or monitoring of the release or discharge. It shall be an affirmative defense that the release or discharge was an act of nature or sabotage if the aquatic producer operating the facility held, at the time of the release or discharge, a valid unsuspended license listing the facility. No affirmative defense shall be available to an aquatic producer if, at the time of the release or discharge, he was unlicensed, or if his license was suspended, or if the facility from which the release or discharge came was not listed on his license, or if he was producing, managing, harvesting, or marketing aquatic livestock that had not been determined to be suitable for aquaculture pursuant to this Part.
D. Penalties and costs of reimbursement 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 and this Part. The commissioner shall appoint a hearing officer to preside over the hearing.
E. In addition to civil penalties, the cost of the adjudicatory hearing may be assessed against any person found to be in violation of this Part or the regulations adopted pursuant to this Part. The amount of costs to be assessed in adjudicatory hearings shall be established by regulation.
F. Any action brought for civil violation shall not preclude criminal prosecution for the same violation of this Part or rules and regulations promulgated hereunder.
Acts 2004, No. 865, §1, eff. July 12, 2004; Acts 2010, No. 743, §2A, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:561. Definitions

RS 3:561 - Definitions
As used in this Part, the following terms shall have the following meanings ascribed to them:
(1) "Board" means the Louisiana Board of Animal Health.
(2) "Livestock" means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation of any such animal.
(3) "Livestock dealer" means any person, not a market agency, engaged in the business of buying or selling livestock.
(4) "Market agency" means any persons, firm, or corporation engaged in the business of buying or selling livestock in commerce on a commission basis, either at a public stockyard or at a privately owned and operated sales pen or concentration point, or any persons engaged in the furnishing of services for the conduct of such business, including but not limited to livestock video auctions.
(5) "Person" means an individual, partnership, corporation, or association of such persons acting as a unit.
(6) "Security device" means any lien, mortgage, pawn, pledge, privilege, or other instrument by which an interest in livestock is used to secure the performance or payment of any obligation.
Amended by Acts 1962, No. 95, §1; Acts 1983, No. 348, §1; Acts 1990, No. 58, §1; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2018, No. 429, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:562. Regulation by Louisiana Board of Animal Health

RS 3:562 - Regulation by Louisiana Board of Animal Health
The power of control and execution of this Part over the business and industry of livestock as set forth herein shall be under the Louisiana Board of Animal Health which may exercise such regulatory powers as are necessary to properly carry out the provisions of this Part and may issue such rules and regulations as may be necessary in connection with the provisions of this Part and in requiring that certain animal health requirements be met by market agencies and dealers.
Acts 2008, No. 920, §1, eff. July 14, 2008.