reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:563. Dealers to obtain permit

RS 3:563 - Dealers to obtain permit
A.(1) All market agencies and livestock dealers shall secure an annual permit from the Louisiana Board of Animal Health for the privilege of conducting business.
(2) It shall be a violation of this Part to operate as a market agency or livestock dealer without a permit from the Louisiana Board of Animal Health.
(3) The provisions of this Part shall not apply to farmers or other actual producers of the livestock who offer it for sale either at public stockyards or at a privately owned sales pen or concentration point.
B. Any person seeking to be permitted as a livestock dealer or market agency shall apply for a permit annually on a form prescribed by the board.
C. The board may deny, revoke, or suspend any permit for any of the following reasons:
(1) Material misstatement in the application for the original permit, or in the application to reissue a permit pursuant to this Part.
(2) Violation of this Part or of a rule or order of the board.
(3) Allowing a permit issued pursuant to this Part to be used by an unpermitted person.
(4) Conviction of a crime, an essential element of which is misstatement, fraud, or dishonesty.
(5) Conviction for violating a law or regulation of another state or of the United States that is materially similar to a substantive provision of this Part or a rule of the board.
(6) Suspension or other disciplinary action taken by the secretary of the United States Department of Agriculture pursuant to the Packers and Stockyards Act of 1921, 7 U.S.C. 181 through 229, as amended, if it appears that the applicant or permittee committed or participated in the violation covered by the disciplinary action.
(7) Failure to possess the qualifications determined by the board to be necessary for, or failing to meet the requirements of, this Part for the issuance or holding of a permit.
(8) Any unpaid fines, fees, or penalties imposed by the board.
D. Proceedings for the denial, revocation, or suspension of a permit pursuant to the authority of this Part shall be conducted in compliance with the board's rules, regulations, and procedures and in accordance with the Administrative Procedure Act.
E. The board may require a person against whom disciplinary action has been taken to pay the reasonable costs incurred by the board for any hearing or proceeding, including its legal fees and stenographer, investigator, or witness fees, and any costs and fees incurred by the board on any judicial review or appeal.
Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2018, No. 429, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:564. Records of sales and purchases

RS 3:564 - Records of sales and purchases
A. Each market agency shall keep complete records of all sales and purchases for each period of twelve months. The record shall consist of the name and address of the seller, the number of the sales tag of the animal, the permanent identification number of any brucellosis test-eligible animal, the weight and price of the animal, and the name and address of the purchaser.
B. Each livestock dealer shall keep complete records of all sales and purchases for each period of twelve months. The record shall consist of the name and address of the seller, the permanent identification number of any brucellosis test-eligible animal, the weight and price of the animal, and the name and address of the purchaser.
Acts 1990, No. 58, §1; Acts 2018, No. 429, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:571. Livestock auctioneers

RS 3:571 - Livestock auctioneers
A. Each auctioneer who engages in the auction business exclusively as an employee or agent of a Louisiana livestock market which is regulated by the Louisiana Board of Animal Health shall register annually with the board.
B. The registration shall be in accordance with rules adopted by the board.
C. Each auctioneer who registers with the board shall submit to the board an affidavit stating that the applicant is engaged in the auction business exclusively as an employee or agent of one or more Louisiana livestock markets which are regulated by the board.
D. If any of the information in the affidavit changes, the applicant shall submit a supplemental affidavit with correct information within thirty days of the date the change occurred.
Acts 1987, No. 157, §1; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2012, No. 204, §3(C); Acts 2020, No. 306, §1, eff. June 12, 2020.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:573. Penalty

RS 3:573 - Penalty
Whoever violates any of the provisions of this Part shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both, for each violation.
Acts 1990, No. 23, §1; Acts 2012, No. 204, §3(A).
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:641. Bond or other security required of milk buyers

RS 3:641 - Bond or other security required of milk buyers
Any person, firm, or corporation who shall engage in the business of purchasing milk from producers or co-operative associations for the purpose of manufacturing, pasteurizing, distributing milk or milk products shall, before carrying on business, furnish a bond or other security for the payment of all amounts to become due by them to the producers of milk or co-operative associations for milk sold by producers or co-operative associations. The bond shall be signed by a surety company authorized to do business in Louisiana. The bond or such other security as may be required shall be sufficient in amount to cover all amounts due the producers of milk or co-operative associations for two normal or customary pay periods, but not to exceed twenty-five days in total, based upon the average of the preceding six-month period of purchases from milk producers or co-operative associations, provided that the minimum bond or other security shall not be less than the amount sufficient to cover amounts due producers or co-operative associations for one week's purchases. The bond or other security shall be approved as to form, amount, and sufficiency by the commissioner of agriculture and forestry and shall be filed by him and retained in his office, subject to public inspection.
Amended by Acts 1950, No. 109, §1; Acts 1954, No. 128, §1; Acts 1964, No. 85, §1; Acts 2009, No. 24, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:642. Commissioner of agriculture and forestry to adopt regulations

RS 3:642 - Commissioner of agriculture and forestry to adopt regulations
The commissioner of agriculture and forestry may adopt rules as to the determination of the amount of the bond or other security and the filing of it.
Amended by Acts 1950, No. 109, §2; Acts 2009, No. 24, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:643. Failure to post bond or other security

RS 3:643 - Failure to post bond or other security
Any person, firm, or corporation who shall engage in the business of purchasing milk from producers for the purpose of manufacturing, pasteurizing, or distributing milk or milk products within the state without having first posted the bond or other security that shall be required by the commissioner of agriculture and forestry, and as required by this Part, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than ten dollars nor more than two hundred dollars, or by imprisonment in the parish jail for not less than ten days nor more than six months, or both, in the discretion of the court.
Amended by Acts 1950, No. 109, §3; Acts 2009, No. 24, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:644. Producers' rights under bond or other security

RS 3:644 - Producers' rights under bond or other security
Any producer of milk to whom money is due for milk sold to any manufacturer, pasteurizer, or distributor, shall have full recourse on the bond or other security that shall be required by the commissioner of agriculture and forestry, as provided by this Part, for all such amounts.
Amended by Acts 1950, No. 109, §4; Acts 2009, No. 24, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:645. Collection on bond or other security; pro-ration of proceeds

RS 3:645 - Collection on bond or other security; pro-ration of proceeds
The commissioner of agriculture shall, upon notification of any producer or producer group, that any person, firm or corporation has failed to pay for milk delivered by them, make an immediate investigation and audit of such person's, firm's, corporation's records to determine amounts due milk producers. If such investigation and audit reveals that such person, firm, or corporation owes and is unable to pay, or refuses to pay, producers for milk delivered, the commissioner shall collect on the surety bond or other security by court action if necessary, and pro-rate the proceeds of such surety bond or other security to the milk producers based on amounts due the producers as shown by the official audit of the records.
Added by Acts 1954, No. 128, §2.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:651. Mechanical or electrical weighing device; installation date

RS 3:651 - Mechanical or electrical weighing device; installation date
A. All livestock auction barns shall install a mechanical or electrical device which shall visually indicate the weight of all animals or groups of animals sold on a weight basis immediately after they have passed across the scales. The device herein required shall be installed in plain view of attending buyers and sellers and shall be of a size to be easily read at a distance of not less than fifty feet.
B. Livestock auction barns operating in the state of Louisiana shall have such a device installed not later than July 1, 1959.
Acts 1958, No. 110, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:652. Penalty; enforcement

RS 3:652 - Penalty; enforcement
Failure to comply with R.S. 3:651 shall result in the loss of operating license. It shall be the duty of the Department of Agriculture and Forestry to determine compliance with R.S. 3:651 and to enforce its provisions.
Acts 1958, No. 110, §3; Acts 2009, No. 24, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:662. Policy of state

RS 3:662 - Policy of state
It is hereby declared to be the policy of the state of Louisiana, and the purpose of this Part, to encourage, stimulate and stabilize the agricultural economy of the state in general, and the livestock economy in particular, by encouraging the construction, development and productive operation of livestock markets as a key industry of the state with all benefits of fully open, free, competitive factors, in respect to sales and purchases of livestock. No person shall conduct the business of a livestock market without a valid charter to conduct such market.
Added by Acts 1966, No. 142, §1; Acts 2020, No. 306, §1, eff. June 12, 2020.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:663. Definitions

RS 3:663 - Definitions
The following words and phrases as used in this Part, unless the context otherwise requires, shall have the meaning respectively ascribed to them in this Section.
(1) "Board" means the Louisiana Board of Animal Health augmented by the persons named in R.S. 3:665.
(2) "Buying station" means a facility that is conducted, operated, or managed as a private livestock market that offers stockyard services.
(3) "Charter" means the charter for livestock market operations authorized under this Part.
(4) "Commissioner" means the Louisiana commissioner of agriculture and forestry.
(5) "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.
(6) "Livestock market" means any place, establishment or facility commonly known as a "buying station", "livestock market", "livestock auction market", "sales ring", "stockyard", or the like, operated for compensation or profit as a market for livestock, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held, sold, or kept for sale or shipment.
Added by Acts 1966, No. 142, §1; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2020, No. 306, §1, eff. June 12, 2020.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:664. Exemptions

RS 3:664 - Exemptions
A. The provisions of this Part shall not apply to the following types of sales:
(1) Any sale sponsored by a Louisiana Chapter of the Future Farmers of America, a Louisiana 4-H Club, or any other similar Louisiana farm youth organization approved by the commissioner of agriculture.
(2) Any dispersal sale conducted by a Louisiana farmer, dairyman, or livestock producer.
(3) Any sale sponsored by a Louisiana livestock producer, a group of Louisiana livestock producers, or a Louisiana livestock producers association which is recognized by the commissioner of agriculture, when the livestock are owned by the producer, or by the members of the group or association sponsoring the sale. Livestock from outside the state of Louisiana which are owned by the producer or by the members of the group or association may be sold at sales exempted under this Paragraph.
(4) Any sale sponsored by a national livestock organization if the national livestock organization is affiliated with a Louisiana livestock organization recognized by the commissioner of agriculture and if the Louisiana organization participates in the sale.
B. Each producer, group, association, or organization which sponsors a sale exempted under this Section shall be responsible for the condition of the livestock sold at the sale, the payment of the purchase price of the livestock sold at the sale, the title to the livestock sold at the sale, and other aspects of the sale.
C. The exemptions contained in this Section shall not apply to any sale which is operated for profit.
Added by Acts 1966, No. 142, §1. Amended by Acts 1982, No. 443, §1, eff. Jan. 1, 1983.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:665. Administration of Part

RS 3:665 - Administration of Part
A. The Louisiana Board of Animal Health shall administer the provisions of this Part.
B. The Louisiana Board of Animal Health shall determine the day or days on which each livestock market chartered under the provisions of this Part may conduct sales.
C. Each livestock market in operation on April 1, 2019, shall retain the sale day or contiguous day on which the livestock market was conducting sales prior to April 1, 2019.
Added by Acts 1966, No. 142, §1. Amended by Acts 1982, No. 443, §1, eff. Jan. 1, 1983; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2020, No. 306, §1, eff. June 12, 2020.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:666. Application for charter

RS 3:666 - Application for charter
The application for charter shall include the following information:
(1) The name and address of the applicant, a statement of the names and addresses of all persons having any financial interest in the applicant, and the amount and nature of such interest.
(2) A financial statement of assets and liabilities.
(3) Plans, blueprints and specifications for new facilities or pictures of existing facilities.
(4) Proof that the registration requirements of the Packers and Stockyards Division, U.S. Department of Agriculture, can be met.
(5) A statement, in writing, assuring the Louisiana Board of Animal Health that the auction market will be operated in compliance with the Louisiana Board of Animal Health's regulations.
(6) Projected source and quantity of livestock, by parish, anticipated to be handled.
(7) Projected income and expense statement for the first year's operation.
(8) Facts upon which are based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.
(9) A charter fee of two hundred fifty dollars per license issued, which will be retained by the Department of Agriculture and Forestry whether or not the charter is granted.
Added by Acts 1966, No. 142, §1. Amended by Acts 1968, No. 220, §1; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2009, No. 24, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:667. Hearings on applications for charter

RS 3:667 - Hearings on applications for charter
A. All hearings on applications for charters shall be conducted in accordance with the provisions of the Administrative Procedure Act relating to adjudicatory hearings.
B. The commissioner of agriculture shall fix the date of the hearing and shall provide notice by mail, at least ten days prior to the hearing, to each Louisiana livestock organization which has requested notice of the hearings to other Louisiana livestock organizations which the commissioner believes would be interested in the hearing, and to each owner of a chartered livestock auction market.
C. The commissioner shall publish a notice of the hearing on two separate days in the official journal of the state and in the official journal of the municipality or parish in which the proposed livestock market will be located.
D. The board shall consider the following factors in determining whether or not a charter should be granted:
(1) The financial stability, business integrity, and fiduciary responsibility of the applicant.
(2) The adequacy of the facilities to be used.
(3) The present market services elsewhere available to the trade area to be served by the proposed livestock market.
(4) Whether the proposed livestock market would be permanent and continuous.
(5) The benefits to be derived by the livestock industry from the establishment and operation of the proposed livestock market.
(6) The economic feasibility of the proposed livestock market.
E. If the board finds the applicant to be qualified to operate a livestock market, the board shall grant the charter. If the board finds that the applicant is not qualified to operate a livestock market or has failed to comply with the requirements of this Part, the board shall deny the charter.
Added by Acts 1966, No. 142, §1. Amended by Acts 1968, No. 220, §1; Acts 1982, No. 443, §1 eff. Jan. 1, 1983; Acts 2020, No. 306, §1, eff. June 12, 2020.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:669. Issuance of charter; special provision

RS 3:669 - Issuance of charter; special provision
The owner of any livestock market operated and conducted as such on April 1, 2019, shall be issued a charter for the operation of said market.
Added by Acts 1966, No. 142, §1; Acts 2020, No. 306, §1, eff. June 12, 2020.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:670. Charter required

RS 3:670 - Charter required
A. Each charter shall be personal to the holder and shall be valid only with respect to the facility indicated on the charter. Charters are not transferable.
B. Each livestock market shall be chartered separately.
C. When the owner of a facility has leased the facility to another person who is operating a livestock market at the facility, and the lessee loses his charter for any reason, the owner of the facility shall have the right to apply for a charter to operate the facility as a livestock market prior to any other person. If the owner of the facility qualifies for the charter, the charter shall be issued to him.
D. If a charter is issued to a partnership, corporation, association, or other legal entity, and a total of fifty percent or more of the ownership of the legal entity is transferred incrementally or in a single transaction, the legal entity shall submit to the board a new charter application containing such information as the board may require concerning the transfer and the transferee or transferees. Upon approval by the board, the charter shall be transferred to the new partners, shareholders, or other majority owners of the legal entity.
E. The board may cancel a charter for any one or more of the following actions:
(1) The holder has fraudulently misrepresented: the ownership, brands or weights of livestock; the charges at a sale; the proceeds of a sale; or any other information with respect to a sale.
(2) The holder is unable to meet the bond or financial requirements for operating a livestock market.
(3) The holder has violated the provisions with respect to the custodial account.
(4) The holder has violated the provisions of this Part, the provisions of the rules or regulations adopted under the provisions of this Part, or any applicable federal law or rule or regulation governing the operation of a livestock market.
(5) The holder has not operated the facility for ninety days. The board for good cause shown, may allow a holder to not operate the facility without cancelling his charter for a period of up to one year.
F. Charters may be revoked only by a ruling of the board based on an adjudicatory hearing held in accordance with the Administrative Procedure Act.
Added by Acts 1966, No. 142, §1. Amended by Acts 1968, No. 220, §1; Acts 1979, No. 320, §1; Acts 1982, No. 443, §1, eff. Jan. 1, 1983; Acts 1985, No. 802, §3; Acts 2020, No. 306, §1, eff. June 12, 2020.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:671. Disposition of fees

RS 3:671 - Disposition of fees
Fees paid as required by R.S. 3:666 shall be deposited in the Louisiana Department of Agriculture and Forestry, Louisiana Board of Animal Health Account, for paying the expenses of administration of this Part.
Added by Acts 1966, No. 142, §1. Amended by Acts 1968, No. 220, §1; Acts 2008, No. 920, §1, eff. July 14, 2008.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:681. §§681 to 690.1 Repealed by Acts 1982, No. 563, §3, eff. Jan. 1, 1983.

RS 3:681 - §§681 to 690.1 Repealed by Acts 1982, No. 563, §3, eff. Jan. 1, 1983.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:721. Prompt payment for catfish; penalty

RS 3:721 - Prompt payment for catfish; penalty
A. Each farm-raised catfish processor doing business in Louisiana shall pay the producer for catfish delivered in a timely manner within fourteen days after the day the catfish is delivered.
B. Any farm-raised catfish processor who does not make payment as required shall pay the producer one cent per pound of catfish per day on the balance owed on the fourteenth day after delivery.
Acts 1991, No. 254, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:722. §§722 to 724 Repealed by Acts 1982, No. 443, §7, eff. Jan. 1, 1983.

RS 3:722 - §§722 to 724 Repealed by Acts 1982, No. 443, §7, eff. Jan. 1, 1983.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:726. Payment for strawberries and other produce

RS 3:726 - Payment for strawberries and other produce
A. As used in this section the following terms shall have the following meaning:
(1) "Buyer" means any person who buys produce from a producer for resale or processing.
(2) "Person" means any individual, corporation, partnership, association, or other legal entity.
(3) "Produce" means strawberries and other fruits and vegetables which are sold for processing or for resale in fresh, frozen, canned, or processed form.
(4) "Producer" means any owner, tenant, or operator of land in this state who has an interest in and receives all or any part of the proceeds from the sale of produce grown on that land.
B. Each producer who sells produce to a buyer shall have the right to request and receive payment for the produce within forty-five days from the date the produce is delivered.
C. The Department of Agriculture shall enforce the provisions of this Section.
Added by Acts 1982, No. 305, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:730.1. Purpose

RS 3:730.1 - Purpose
The purpose of this Part is to promote the general well-being of the strawberry industry of the state of Louisiana by promoting increased production and quality in Louisiana strawberries through marketing and research; by expanding the market for Louisiana strawberries through promotion and marketing; by increasing the consumption of strawberries in Louisiana through advertising, promotion, and marketing; by providing producers, distributors, retailers, and consumers with educational information as to the nutritional and health value of strawberries; and by performing any other act deemed advisable in promoting this industry and the general welfare of the people of this state.
Added by Acts 1958, No. 485, §1. Amended by Acts 1968, No. 365, §1; Acts 2003, No. 1253, §1; Acts 2009, No. 24, §8D, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:730.2. Terms defined

RS 3:730.2 - Terms defined
The terms used in this Part shall be construed to mean as follows:
(1) "Board" shall mean the Louisiana Strawberry Marketing Board.
(2) "Commissioner" shall mean the commissioner of agriculture and forestry.
(3) "Department" shall mean the Department of Agriculture and Forestry.
(4) "Person" means an individual, partnership, firm, company, association, corporation, limited liability company, and any other legal entity or group of persons.
(5) "Strawberries" means all strawberries of the grades as recommended by the United States Department of Agriculture and the State Market Commission.
Added by Acts 1958, No. 485, §1. Amended by Acts 1977, No. 577, §1; Acts 2003, No. 1253, §1; Acts 2004, No. 764, §1, eff. July 6, 2004; Acts 2009, No. 24, §8D, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:730.5. Assessment on strawberries; collection; costs

RS 3:730.5 - Assessment on strawberries; collection; costs
A. An assessment is hereby levied on all strawberries produced in Louisiana or produced elsewhere and distributed in Louisiana. For all strawberries sold by volume or dry measure, this assessment is levied on each pint, or equivalent, of strawberries in the amount of $.00165 for each pint. For all strawberries sold by weight, this assessment is levied on each pound of strawberries in the amount of $.00185 per pound. Any strawberries sold in increments of pints, pounds, or their equivalent shall be assessed at a prorated assessment for the applicable rate.
B. Louisiana strawberry producers shall pay this assessment at the point of first sale in Louisiana on the containers used by them to hold strawberries. The first Louisiana handler of strawberries produced elsewhere and distributed in Louisiana shall collect the assessment at the point of first distribution in Louisiana.
C. The person responsible for collecting the assessment shall remit the assessment to the commissioner on or before the fifteenth day of the month immediately following each quarter for collections made during that quarter.
D. Any person who fails to pay any assessment due under the provisions of this Part within fifteen days after the payment is due shall be liable not only for the assessment but also for a late fee equal to twenty percent of the amount of the unpaid assessments. Any person cast in judgment for any unpaid assessment or late fee shall pay all costs connected with the bringing of the civil action, including reasonable attorney fees incurred by or on behalf of the board, plus legal interest from date of judicial demand.
Added by Acts 1958, No. 485, §1. Amended by Acts 1977, No. 577, §1; Acts 1990, No. 908, §1; Acts 2003, No. 1253, §1; Acts 2009, No. 24, §8D, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:730.6. Deposit and disbursement of assessments

RS 3:730.6 - Deposit and disbursement of assessments
A. All assessments, interest, penalties, and other monies received under the provisions of this Part shall be deposited in a special fund established by the commissioner for the board. The commissioner, as authorized by the board, shall make disbursements from the fund for the activities of the board authorized by this 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, not to exceed ten percent, as is necessary to defray the costs of collecting assessments and administering and enforcing this Part.
(2) To fund all costs related to advertising, promotion, and marketing of Louisiana strawberries, research, increasing consumption of strawberries in Louisiana, providing producers, distributors, retailers, and consumers educational information as to the nutritional and health value of strawberries and fulfilling any other purpose authorized by this Part.
Added by Acts 1958, No. 485, §1. Amended by Acts 1977, No. 577, §1; Acts 2003, No. 1253, §1; Acts 2004, No. 764, §1, eff. July 6, 2004; Acts 2009, No. 24, §8D, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:730.7. Advertising strawberries; contracts

RS 3:730.7 - Advertising strawberries; contracts
The board working with the Department of Agriculture and Forestry shall plan and conduct a campaign for advertising, publicizing, and promoting the increased consumption of strawberries and may contract for any advertising, publicity, and sales promotion services, the amount of the contract to be limited each year to the estimated amount of the tax for the year less the estimated cost of administering this Part. The board is further empowered to take any other action which it deems necessary to promote and improve the well-being of the strawberry industry. The commissioner is authorized and empowered to carry out any and all contracts made by the board.
Added by Acts 1958, No. 485, §1. Amended by Acts 1968, No. 365, §1; Acts 1977, No. 577, §1; Acts 2003, No. 1253, §1; Acts 2009, No. 24, §8D, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:730.8. Labeling of strawberries; rules and regulations

RS 3:730.8 - Labeling of strawberries; rules and regulations
A. All strawberries offered for sale shall have a stamp or label affixed to the container or package identifying its farm of origin.
B. The board shall adopt rules and regulations as are necessary to implement the provisions of this Section.
Added by Acts 1958, No. 485, §1; Acts 2003, Added by Acts 1958, No. 485, §1. Amended by Acts 1968, No. 365, §1; Acts 1977, No. 577, §1; Acts 2003, No. 1253, §1; Acts 2009, No. 24, §8D, eff. June 12, 2009; Acts 2010, No. 40, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:730.9. Offenses; penalty

RS 3:730.9 - Offenses; penalty
A. Any person who violates any of the provisions of this Part or the rules and regulations adopted under the provisions of this Part or who alters, forges, or counterfeits, or uses without authority any certificate or permit or other document provided for in this Part or in the rules or regulations adopted under the provisions of this Part or who fails to collect or to timely pay the assessments or penalties due under this Part shall be subject, in addition to any unpaid assessments, late fees, or collection costs, to a civil penalty of not more than five hundred dollars for each act of violation and for each day of violation. Each day on which a violation occurs shall be a separate offense.
B. Penalties may be assessed only by a ruling of the commissioner based upon an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act and this Part as follows:
(1) The board shall be convened by the commissioner for the purpose of hearing any alleged violation of this Part or any rule and regulation adopted pursuant to this Part.
(2) The commissioner shall appoint a hearing officer to preside over the hearing.
(3) The board shall make an initial determination on the matter. This determination shall be submitted to the commissioner in writing.
(4) The commissioner shall make the final determination on the matter. If the determination of the commissioner differs from the determination of the board, the commissioner shall issue a written opinion based on the record of the hearing.
C. In addition to civil penalties, the commissioner may assess the cost of the adjudicatory hearing against any person found to be in violation of this Part or the regulations adopted pursuant to this Part. The commissioner shall, by rule, determine the amount of costs to be assessed in adjudicatory hearings.
Acts 2010, No. 40, §1, eff. June 30, 2010.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:731. Definitions

RS 3:731 - Definitions
As used in this Part, the following words shall have the following meanings ascribed to them:
(1) "Brand" means an identification mark hot or cold branded into or onto the hide of a live animal.
(2) "Commission" means the Livestock Brand Commission.
(3) "Commissioner" means the commissioner of agriculture.
(4) "Director" means the director of the commission.
(5) "Mark" means a distinct marking or device placed on or in a live animal sufficient to distinguish the animal readily if it becomes intermixed with other animals, including a tattoo or an electronic device.
(6) "Person" means an individual, firm, partnership, corporation, or other association.
Acts 1982, No. 113, §1; Acts 1993, No. 136, §1; Acts 1993, No. 146, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:733. Officers and employees; administration and enforcement

RS 3:733 - Officers and employees; administration and enforcement
A. The commissioner shall serve as chairman of the commission. At the first meeting of the commission after the effective date of this Part, the members shall elect from their membership a vice-chairman and such other officers as the commission may deem advisable.
B. The commission, with the approval of the commissioner, shall appoint a director and an assistant director who shall be in the unclassified service of the state.
C. The commissioner shall administer and enforce the provisions of this Part in accordance with the rules and regulations promulgated by the commission. The commissioner shall appoint livestock brand inspectors and such other personnel as may be necessary for the proper and efficient administration of this Part, except as provided in Subsection B of this Section.
Amended by Acts 1956, No. 153, §1; Acts 1980, No. 330, §1; Acts 1982, No. 113, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:735. Prohibited activities

RS 3:735 - Prohibited activities
A. No person shall use any brand or mark for branding or marking animals unless the brand or mark is recorded with the commission.
B. No person shall intentionally offer livestock for sale without providing the true and legal name of the owner of the livestock for the purpose of livestock theft or violation of a quarantine issued by the Louisiana Board of Animal Health.
Acts 1982, No. 113, §1; Acts 2018, No. 429, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:736. Brands and marks

RS 3:736 - Brands and marks
A. The provisions of this Part shall apply to cattle, horses, mules, sheep, hogs, dogs, and other animals as determined by the commission.
B. The commission, by rule, shall adopt guidelines and requirements for brands and marks which shall include, but shall not be limited to the following:
(1) The other animals which shall be subject to the provisions of this Part.
(2) The style, design, and size of brands and marks.
(3) The location of brands and marks on the animal.
(4) Brands and marks recorded prior to September 10, 1982, shall not be affected by the provisions of this Subsection.
C. Brands and marks may be recorded with the commission. Each person who desires to record a brand or mark shall submit a written application on a form approved by the commission. Each application shall be accompanied by a facsimile of the brand or mark; a description of the brand or mark, including the location of the brand or mark on the animal; such other information as may be required by the commission; and the recordation fee.
D. The director shall examine the description or facsimile, or both, to determine if the brand or mark:
(1) Is currently recorded by another person.
(2) Closely resembles a brand or mark currently recorded by another person.
(3) Meets the requirements for brands and marks adopted by the commission.
E. If the brand or mark is not currently recorded, does not closely resemble a currently recorded brand or mark, and meets the requirements adopted by the commission the director shall record the brand or mark. The recordation shall be effective on the date the application was received by the commission and shall give the person for whom the brand or mark is recorded the exclusive right to use the brand or mark.
F. If the brand or mark is currently recorded, or closely resembles a currently recorded brand or mark, or does not meet the requirements adopted by the commission, the director shall not record the brand or mark and shall return the application, the fee, the facsimile, and the description to the applicant with written reasons for refusing to record the brand or mark.
G. Any applicant whose application to record a brand or mark has been refused, and any person who has recorded a brand or mark and who believes that a subsequently recorded brand or mark closely resembles a previously recorded brand or mark may appeal the decision of the director to the commission.
Acts 1982, No. 113, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:737. Duration of recordation; renewal

RS 3:737 - Duration of recordation; renewal
A. The recordation of each brand or mark shall expire on the last day of December of 1984, and every fifth year thereafter.
B. The commission shall notify each owner of a brand or mark of the expiration date no later than the first day of April of each expiration year. Applications for renewal shall be received by the commission no later than the first day of September of the expiration year. Applications for renewal shall be on forms approved by the commission and shall be accompanied by the renewal fee and such other information as the commission may require. If any owner of a brand or mark fails to renew his recordation by the first day of September of the expiration year, the brand or mark shall be forfeited on the last day of the expiration year, and may thereafter be issued to another applicant.
C. Lifetime recordation of brands and marks shall be available upon application pursuant to R.S. 3:736, approval by the commission, and payment of the required fee.
Acts 1982, No. 113, §1; Acts 2021, No. 234, §1, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:738. Transfer of ownership of brand or mark

RS 3:738 - Transfer of ownership of brand or mark
Brands and marks recorded under the provisions of this Part are the property of the person recording the brand or mark and may be transferred by sale, donation, assignment, or other act of transfer of movable property. Instruments evidencing the transfer of a brand or mark shall be recorded with the commission. The recordation of a transfer shall be notice to all third persons.
Acts 1982, No. 113, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:739. Recordation of brand or mark by two persons

RS 3:739 - Recordation of brand or mark by two persons
The director shall continually review and examine the recorded brands and marks to determine if there are conflicting brands or marks recorded with the commission. When the director determines that a conflict exists, the director shall notify both persons who have recorded the brand or mark and shall expunge the more recent recordation. The person whose recordation is expunged shall be notified by registered mail that his recordation has been expunged and that further use of this brand or mark is illegal. Persons whose recordation has been expunged may appeal the decision of the director to the commission. The provisions of this Section shall not affect the ownership of any animals which were branded or marked after the brand or mark was recorded and before the recordation was expunged.
Acts 1982, No. 113, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:740. Certified copies of recordations, renewals, and transfers

RS 3:740 - Certified copies of recordations, renewals, and transfers
A. Each person who records a brand or mark, who renews a recordation, or to whom a recorded brand or mark is transferred, shall be entitled to one certified copy of the recordation, renewal, or transfer free of charge.
B. In any civil or criminal action in which the ownership of an animal is in question, a certified copy of a recordation, renewal, or transfer shall be prima facie evidence of the ownership of the animal and shall be admissible in evidence without further foundation.
Acts 1982, No. 113, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:741. Publication of brands and marks

RS 3:741 - Publication of brands and marks
The commission shall maintain a list of all recorded brands and marks, which shall be supplemented annually. The list shall contain a facsimile of each recorded brand or mark and the owner's name and mailing address. The list shall be maintained in convenient form for reference. The commission shall notify the clerk of court and the sheriff of each parish of the list as supplemented. The list may be sold to the general public.
Acts 1982, No. 113, §1; Acts 2009, No. 24, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:742. Inspection of cattle

RS 3:742 - Inspection of cattle
No livestock shall be sold at any public sale until such livestock have been offered for inspection by the seller to brand inspectors or a designee of the Livestock Brand Commission appointed for such purpose. Brand inspectors are authorized to inspect any livestock being transported by any means, or being loaded or prepared to be transported. Brand inspectors shall have the authority to inspect all livestock together with accompanying health documentation for each animal in conjunction with the Louisiana Board of Animal Health. Whenever health documentation for any animal is not in compliance with the requirements of the Louisiana Board of Animal Health, the brand inspector may stop all movement of the animal until all required health documentation is provided or may require the person who has possession of the animal to return the animal to the place of origin.
Acts 1982, No. 113, §1; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2012, No. 177, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:743. Strayed animals

RS 3:743 - Strayed animals
A. The commission shall determine the ownership of strayed animals which are subject to the provisions of this Part, based on the brands and marks recorded with the commission.
B. Each person who takes possession of a strayed animal which is subject to the provisions of this Part shall notify the commission by certified mail, return receipt requested. The notice shall indicate the kind of animal; the color, weight, size, sex, age, brands, marks, and distinguishing features of the animal; the place where the animal is kept; and the name and address of the person holding the animal. The costs and expenses which may be charged by a person holding a strayed animal shall commence on the date the notice is mailed to the commission.
C. If the commission is unable to determine the ownership of the strayed animal, the commission shall notify the person holding the strayed animal who, within ten days of receipt of the notice, shall cause the strayed animal to be advertised and sold in accordance with law.
Acts 1982, No. 113, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:744. Purchase of cattle for slaughter

RS 3:744 - Purchase of cattle for slaughter
A. No person engaged in the business of butchering or slaughtering cattle shall purchase any cattle slaughtered by another unless the hide and ears of the animal accompany the carcass.
B. No person engaged in the business of butchering or slaughtering cattle shall purchase any cattle slaughtered by another if the hide or ears accompanying the carcass indicate that the brand or mark on the animal has been changed, mutilated, or destroyed.
C. The provisions of this Section shall not apply to persons engaged in the business of butchering or slaughtering cattle who are operating under the provisions of the federal Packers and Stockyards Act of 1924, as amended, or under a permit issued by the Louisiana Department of Health.
Acts 1982, No. 113, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:745. Branding or marking or obliterating brands or marks

RS 3:745 - Branding or marking or obliterating brands or marks
No person shall wilfully and knowingly brand or mark the animal of another person, or intentionally alter, deface, or obliterate a brand or mark on the animal of another person.
Acts 1982, No. 113, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:746. Branding or marking or obliterating brands or marks with intent to steal or prevent identification

RS 3:746 - Branding or marking or obliterating brands or marks with intent to steal or prevent identification
No person shall brand or mark the animal of another person or alter, deface, or obliterate a brand or mark on the animal of another person with intent to steal the animal or to prevent the identification of the animal by the owner.
Acts 1982, No. 113, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:747. Criminal penalties

RS 3:747 - Criminal penalties
Whoever violates the provisions of R.S. 3:744, R.S. 3:745, or R.S. 3:746 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 1982, No. 113, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:748. Civil penalties; injunctive relief

RS 3:748 - Civil penalties; injunctive relief
A. The commission may assess a civil penalty of not more than two hundred fifty dollars for each violation of the provisions of this Part or of the rules and regulations adopted under the provisions of this Part. Each day on which a violation occurs shall be considered a separate offense.
B. Penalties may be assessed only by a ruling by the commission based on an adjudicatory hearing held in accordance with the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes.
C. The commission may institute civil proceedings to enforce the rulings of the commission in the district court for the parish in which the violation occurred.
D. The commissioner may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of this Part, or of the rules and regulations adopted under the provisions of this Part, in the district court for the parish in which the violation occurred.
Added by Acts 1950, No. 245, §1. Amended by Acts 1982, No. 113, §1.