reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4351.14. Departmental complaint directives; failure to comply; fines; hearing

RS 3:4351.14 - Departmental complaint directives; failure to comply; fines; hearing
A. Any person subject to the regulatory authority of the department who fails to comply with any directive issued by the department in connection with a consumer complaint shall be fined an amount not to exceed two hundred fifty dollars for each occurrence.
B. Any person against whom a fine has been levied shall be given ten days' notice of the action. Upon receipt of this notice, the person aggrieved may apply for and shall be entitled to an administrative hearing conducted in accordance with the provisions of the Administrative Procedure Act.
Acts 2022, No. 586, §1, eff. June 17, 2022; Acts 2022, No. 598, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4351.15. Dissolution

RS 3:4351.15 - Dissolution
A. If the fund chooses to dissolve, it shall apply to the department for the authority to dissolve. An application to dissolve shall be on a form prescribed by the department and shall be approved or disapproved by the department within sixty days of receipt.
B. The dissolution of the fund without authorization is prohibited and shall not absolve or release the fund, a member, or any person or entity which has executed an indemnity agreement from the fund's or person's obligations incurred or entered into prior to the dissolution of the fund.
C. An application to dissolve shall be granted if either of the following conditions is met:
(1) The fund has no outstanding liabilities including incurred but not reported liabilities.
(2) The fund is covered by an irrevocable commitment from a licensed insurer which provides for payment of all outstanding liabilities and for providing all related services, including payment of claims, preparation of reports, and administration of transactions associated with the period during which the plan provided coverage.
D. Upon the dissolution of the fund and after payment of all outstanding liabilities and indebtedness, the assets of the fund shall be distributed to all employers participating in the fund pursuant to a distribution plan submitted by the fund to the department and approved by the department.
Acts 2022, No. 586, §1, eff. June 17, 2022; Acts 2022, No. 598, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4361. Donations of land suitable for forestry or park purposes; lease or purchase of lands

RS 3:4361 - Donations of land suitable for forestry or park purposes; lease or purchase of lands
The forestry commission, through the state forester, may accept gifts, donations, or contributions of land suitable for forestry purposes and may enter into agreements with the federal government or other agencies for acquiring by lease, purchase, or otherwise such lands as in the judgment of the commission are desirable for state forests.
Amended by Acts 1981, No. 838, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4362. Expenditures for management and utilization of areas acquired; disposal of products from land

RS 3:4362 - Expenditures for management and utilization of areas acquired; disposal of products from land
When lands are acquired or leased under R.S. 3:4361 the commission may:
(1) Make expenditures from any funds not otherwise obligated, for the management, development, and utilization of such areas;
(2) Sell or otherwise dispose of products from such lands; and
(3) Make rules and regulations necessary to carry out the purposes of this Part.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4363. Segregation and use of revenues

RS 3:4363 - Segregation and use of revenues
All revenues derived from lands presently owned or subsequently acquired under the provisions of this Part shall be segregated by the state treasurer for the use of the commission in the acquisition, management, development, and use of such lands until all obligations incurred with the federal government or owners of land purchased, as hereinabove provided, have been paid in full. Thereafter, fifty percent of all net profits accruing from the administration of such lands are dedicated to the commission for scientific research in forest culture and experimentation in forest products and acquisition and maintenance of state forests.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4364. Payment of obligations for acquisition of land

RS 3:4364 - Payment of obligations for acquisition of land
Obligations for the acquisition of land incurred by the commission under the authority of this Part shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability upon the general credit and taxing power of the state.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4365. Sale, exchange, or lease of lands

RS 3:4365 - Sale, exchange, or lease of lands
The commission may sell, exchange, or lease lands under its jurisdiction when it is advantageous to the state in the highest orderly development and management of state forests. The sale, lease, or exchange shall not be contrary to the terms of any contract it has previously entered into.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4381. Policies and purposes of urban forestry

RS 3:4381 - Policies and purposes of urban forestry
A. The Legislature finds and declares that:
(1) Trees serve as a vital resource in the urban environment and as an important psychological link with nature for the urban dweller.
(2) Trees are a valuable economic asset in our cities. They help maintain or increase property values and attract business and new residents to urban areas.
(3) Trees play an important role in energy conservation by the modification of temperature extremes, humidity, and winds. This role is particularly important in reducing the amount of energy consumed in heating and cooling buildings and homes, and potentially producing a local fuel and energy source.
(4) Trees directly reduce air pollution by removing airborne particulates from the atmosphere and helping to purify the air.
(5) Trees also help reduce noise, provide habitat for songbirds and other wildlife, reduce surface runoff and protect urban water resources, and enhance the aesthetic quality of life in the city.
(6) Growing conditions in urban areas for trees and associated plants have worsened so that many Louisiana cities are now losing more trees than are replaced.
B. The purpose of this Part is to:
(1) Arrest the decline of our urban forest resources, facilitate the planting of trees in the city, and improve the quality of the environment in urban areas.
(2) Facilitate the creation of permanent jobs in tree maintenance and related urban forestry activities in neighborhood, local, and regional urban areas.
(3) Maximize the potential of tree and vegetative cover in reducing energy consumption and producing fuel and other products.
(4) Encourage the coordination of state and local agency activities in urban forestry and related programs and encourage maximum citizen participation in their development and implementation.
Added by Acts 1980, No. 746, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4382. Definitions

RS 3:4382 - Definitions
For the purposes of this Part the following definitions shall apply to the terms used herein:
(1) "Urban forestry" means the cultivation and management of trees in urban areas for their present and potential contribution to the physiological, sociological, and economic well-being of urban society.
(2) "Urban forest" means those native or introduced trees and related vegetation in the urban and near-urban areas including, but not limited to, street trees, park trees, residential trees, natural riparian habitats, and trees on other private and public properties.
(3) "Urban area" means an urban place, as that term is defined by the United States Department of Commerce.
Added by Acts 1980, No. 746, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4383. Authority for forestry commission to implement a program of urban forestry

RS 3:4383 - Authority for forestry commission to implement a program of urban forestry
A. The commission is authorized to implement a program in urban forestry to encourage better tree management and planting in urban areas, to assist the cities in seeking innovative solutions to problems such as tree maintenance and vandalism, and to encourage demonstration projects to maximize the benefits of urban forests.
The commission shall assume the primary responsibility in carrying out the intent of this Part in cooperation with other appropriate local, state and federal agencies such as the Cooperative Extension, the Department of Culture, Recreation and Tourism, the Department of Transportation and Development and the United States Forest Service.
B. The commission shall be the agent of the state and shall have full power to cooperate with those agencies of the federal government which have powers and duties concerning urban forestry, and shall perform all things necessary to secure for this state the benefits of federal urban forestry programs.
C. The commission is authorized to promulgate rules and regulations to establish standards for the implementation of the urban forestry program, which rules and regulations shall be submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Agriculture, Forestry, Aquaculture, and Rural Development for approval before final promulgation.
Added by Acts 1980, No. 746, §1; Acts 2008, No. 580, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4384. Technical assistance to urban areas

RS 3:4384 - Technical assistance to urban areas
A. The commission is authorized to provide technical assistance to urban areas with respect to:
(1) Planning for regional, parish, and local land use analysis projects related to urban forestry.
(2) Preparation of urban tree plans and the selection of trees in large-scale landscaping and reforestation efforts.
(3) Development and coordination of training programs for neighborhood and local agency tree planting and maintenance crews.
(4) Advice to homeowners and neighborhood groups on tree disease, insect problems, tree planting, and maintenance.
(5) The role of forest ecology in planning for the future of urban areas, including air quality, watershed problems, and energy conservation.
(6) Retention of native trees and riparian habitats.
(7) Any other matter relating to the purposes of this Part.
B. The commission and other state agencies are also authorized to assist local tree maintenance programs by making surplus equipment available on loan where feasible for regional and local urban forestry.
Added by Acts 1980, No. 746, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4401. Findings and policies

RS 3:4401 - Findings and policies
A. The legislature finds and declares that Alexander State Forest in conjunction with Indian Creek Lake provides the state with one of the best recreational areas in the state with its eight thousand acres of forest and lake. The state forest contains one hundred acres of recreational facilities, two hundred fifty acres of primitive camping area, and two thousand two hundred fifty acres of lake. There are numerous campsites and picnic sites, swimming areas, bath houses, a boat launch, and pavilion. The forest contains the world's tallest fire tower, the one hundred seventy-five foot Woodworth Tower.
B. The legislature declares that it is the policy of the state to preserve and protect the Alexander State Forest by good forest and recreational management planning and by prohibiting any commercial development in the state forest.
Acts 1989, No. 423, §1, eff. June 30, 1989.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4402. Management plan

RS 3:4402 - Management plan
A. The State Forestry Commission shall adopt a comprehensive forest and recreational management plan for the Alexander State Forest and Indian Creek Lake to post on the department's website and publish in the Potpourri section of the Louisiana Register.
B. The plan shall:
(1) Provide for the use of good forest management techniques.
(2) Preserve and enhance the recreational facilities and activities.
(3) Preserve and enhance the environmental and ecological regimes, wilderness qualities, natural and scenic areas, and wildlife habitat.
(4) Provide for educational and research areas.
(5) Prohibit commercial development within the state forest.
Acts 1989, No. 423, §1, eff. June 30, 1989; Acts 2003, No. 116, §1, eff. May 28, 2003; Acts 2020, No. 82, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4410. Declaration of public policy; cooperative agreements

RS 3:4410 - Declaration of public policy; cooperative agreements
A. The legislature does hereby declare that the productivity of Louisiana's forest lands is of vital importance to the people of this state and that the reforestation of forest lands in this state serves the following purposes:
(1) Insuring a sustainable supply of timber and forest products.
(2) Aiding the economic well-being of the state by providing jobs and revenue.
(3) Enhancing the aesthetics of the state.
(4) Providing suitable habitat for wildlife species.
(5) Aiding in the purifying of the air.
(6) Conserving topsoil by discouraging erosion.
(7) Enhancing water quality.
B. In order to encourage and foster these declared policies, the Department of Agriculture and Forestry may enter into cooperative agreements with landowners to encourage the reforestation of the state's forest lands.
Acts 1997, No. 1377, §1, eff. July 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4411. Forestry Productivity Fund; disposition of funds

RS 3:4411 - Forestry Productivity Fund; disposition of funds
A. Funds equal to seventy-five percent of that portion of the severance tax on timber allocated to the state by Article VII, Section 4(D) of the Constitution of Louisiana 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 by Subsection A of this Section shall be credited to a special fund hereby created in the state treasury to be known as the Forestry Productivity 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 requirement of Article VII, Section 9(B) relative to the Bond Security and Redemption Fund.
C. The monies in the Forestry Productivity Fund shall be used solely for the implementation of the forestry productivity program, including the amount representing the state's involvement in cooperative agreements between landowners and the department for the implementation of approved practices for the reforestation of forest lands in this state. However, no more than twenty-five percent of the monies in the fund shall be used for grants as provided in R.S. 3:4416, and no more than ten percent of the monies available annually in the fund shall be used to administer and provide technical assistance for the forestry productivity program.
Acts 1997, No. 1377, §1, eff. July 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4412. Assistance through cooperative agreements

RS 3:4412 - Assistance through cooperative agreements
A. The involvement of the state in a cooperative agreement may consist of either or both of the following types of assistance:
(1) A direct grant to assist the landowner in implementing an approved practice through the use of the landowner's resources or through contacts with private firms.
(2) Utilization of the state's personnel, equipment, or materials to implement an approved practice if private sector services are unavailable.
B. Approved practices shall include the following:
(1) Site preparation for reforestation by natural or artificial means.
(2) Planting of seeds or seedlings.
(3) Timber stand improvement through removal of undesirable trees.
(4) Such other forestry practices as shall be determined by the commissioner.
C. The commissioner shall promulgate rules and regulations in accordance with the Administrative Procedure Act to establish the extent of the state's involvement in each cooperative agreement with a landowner during a fiscal year.
Acts 1997, No. 1377, §1, eff. July 1, 1998; Acts 2020, No. 81, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4413. Administration; powers and duties of the commissioner

RS 3:4413 - Administration; powers and duties of the commissioner
The provisions of this Part shall be administered by the commissioner who shall have the following powers and duties:
(1) To adopt rules and regulations in accordance with the Administrative Procedure Act.
(2) To determine which forestry practices shall be approved practices.
(3) To determine which landowners shall be eligible to receive assistance as part of a cooperative agreement.
(4) To determine the extent of the state's participation in a cooperative agreement.
(5) To employ personnel.
(6) To purchase equipment, materials, and supplies.
Acts 1997, No. 1377, §1, eff. July 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4414. Exclusions and limitations

RS 3:4414 - Exclusions and limitations
A. Landowners who have received federal or private funding for reforestation shall not be eligible to participate, on the same acreage, in any cooperative agreement under this Part.
B. Public utility companies and landowners who are engaged in the manufacturing or production of forestry products shall not be eligible to participate in any cooperative agreement under this Part.
Acts 1997, No. 1377, §1, eff. July 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4415. Requirement of participation; right of action

RS 3:4415 - Requirement of participation; right of action
Each landowner who participates in a cooperative agreement with the department shall enter into a contract approved by the commissioner requiring the land which is subject to the cooperative agreement to remain in forestry usage for a period of ten years. If the agreement is violated, the department shall have a right of action to recover the cost of the state's involvement in the cooperative agreement plus court costs and reasonable attorney fees.
Acts 1997, No. 1377, §1, eff. July 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4416. Competitive research and cooperative extension grants

RS 3:4416 - Competitive research and cooperative extension grants
A. In order to provide for research and cooperative extension activities to enhance reforestation, increase productivity, and further knowledge regarding the proper application of forestry principles, a competitive grant process shall be created.
B. The commissioner shall adopt rules and regulations to establish procedures for awarding competitive grants under this Part.
Acts 1997, No. 1377, §1, eff. July 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4422. Purpose

RS 3:4422 - Purpose
The Louisiana Legislature recognizes the enormous contribution that the Louisiana forest products industry makes to the state. The continued health of the industry is vital to Louisiana's economic well-being. A fair and equitable process for awarding state incentives to the forest products industry is necessary to maintain economic viability. The purpose of this Part is to provide for a procedure that will ensure an open process for the awarding of incentives, that encourages the use of forest products but does not unfairly advantage one segment of the forest products industry over another, and that does not put existing businesses at a competitive disadvantage.
Acts 2009, No. 352, §1, eff. July 6, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4423. Definitions

RS 3:4423 - Definitions
As used in this Part, the following terms shall have the meanings ascribed below:
(1) "Commissioner" means the Louisiana commissioner of agriculture and forestry.
(2) "Forest products" include the following:
(a) Products that are derived from woody biomass.
(b) Forest wood waste, including residual tops and limbs of trees, unused cull trees, pre-commercial thinnings, and wood or debris from noncommercial tree species, slash, or brush.
(c) Any wood chips or fibers or other organic substances and any inorganic substances recovered from forest wood waste or produced as byproducts of processing wood.
(3) "Incentives" means any tax exemption, tax credit, tax exclusion, tax deduction, rebate, investment, contract, or grant made available by the state to directly support the purchase of forestry products. "Incentives" shall not mean any such benefit available under statutorily provided programs including Louisiana Quality Jobs Program Act (R.S. 51:2451, et seq.), Louisiana Enterprise Zone Act (R.S. 51:1781, et seq.), Industry Assistance (R.S. 47:4301, et seq.), Industrial Tax Exemption (La. Const. Art. VII, Sec. 21(F), Economic Development Award Program (R.S. 51:2341), Economic Development Loan Program (R.S. 51:2312), Tax Equalization (R.S. 47:3201, et seq.), Rapid Response Fund (R.S. 51:2361), and Mega-Project Development Fund (R.S. 51:2365).
Acts 2009, No. 352, §1, eff. July 6, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4424. Distribution of incentives and funds

RS 3:4424 - Distribution of incentives and funds
Incentives to directly support the purchase of forestry products shall be approved by the commissioner through a fair and equitable process prior to being awarded. The process shall be open to individuals and both new and existing partnerships, corporations, associations, or other legal entities.
Acts 2009, No. 352, §1, eff. July 6, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4425. Rules and regulations

RS 3:4425 - Rules and regulations
The commissioner and the secretary of the Department of Economic Development shall jointly promulgate rules and regulations in accordance with the Administrative Procedure Act, subject to oversight by the House Committee on Ways and Means and Senate Committee on Revenue and Fiscal Affairs, for the administration and enforcement of this Part.
Acts 2009, No. 352, §1, eff. July 6, 2009.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4501. Legislative findings

RS 3:4501 - Legislative findings
The legislature hereby finds, determines, and declares that the production of agricultural and aquacultural food products constitutes an important and significant portion of the state economy and that it is beneficial to the citizens of this state to protect the vitality of the agricultural and aquacultural economy by providing a cause of action for producers of perishable agricultural food products to recover damages for the disparagement of any perishable agricultural or aquacultural food product.
Acts 1991, No. 972, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4502. Definitions

RS 3:4502 - Definitions
As used in this Chapter, the following terms shall have the following meanings:
(1) "Disparagement" means dissemination to the public in any manner of any false information that the disseminator knows or should have known to be false, and which states or implies that a perishable agricultural or aquacultural food product is not safe for consumption by the consuming public. Such information is presumed to be false when not based upon reasonable and reliable scientific inquiry, facts, or data.
(2) "Perishable agricultural or aquacultural food product" means any food product of agriculture or aquaculture which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.
Acts 1991, No. 972, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4503. Cause of action; recovery of damages

RS 3:4503 - Cause of action; recovery of damages
Any producer of perishable agricultural or aquacultural food products who suffers damage as a result of another person's disparagement of any such perishable agricultural or aquacultural food product has a cause of action for damages, and for any other appropriate relief in a court of competent jurisdiction.
Acts 1991, No. 972, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4604. Powers

RS 3:4604 - Powers
A. The commission shall have the following powers:
(1) To hold hearings and conduct investigations.
(2) To advise the commissioner of the requirements for the registration of weights, measures, and weighing and measuring devices.
(3) To hold hearings on alleged violations of the provisions of this Chapter or of the rules and regulations adopted under the provisions of this Chapter.
(4) To advise the commissioner on the civil penalties to be imposed or the injunctive relief to be sought to punish and restrain violations of the provisions of this Chapter or of the rules and regulations adopted under the provisions of this Chapter.
(5) To recommend that the commissioner suspend or revoke licenses, certificates, and permits, or impose probation on holders of licenses, certificates, or permits.
(6) To approve examination required for the licensure of service agencies or service persons.
B. The commissioner shall have the following powers:
(1) To issue stop-use, hold, and removal orders with respect to any weights and measures commercially used, and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale.
(2) To seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, or measure, or a reasonable number of the packages or a reasonable quantity of the commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this Chapter or of the rules and regulations adopted under the provisions of this Chapter.
C. The commissioner may enter into a cooperative endeavor or cooperative agreement with any other governmental agency or entity as he deems necessary to further the public purposes of this Chapter.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4605. Adjudicatory hearings

RS 3:4605 - Adjudicatory hearings
A. All adjudicatory hearings held by the commission shall be conducted in accordance with the following provisions:
(1) The commissioner shall convene the commission for the purpose of hearing the matter.
(2) The commissioner shall appoint a hearing officer who shall preside over the hearing.
(3) The commissioner may issue subpoenas to compel the attendance of witnesses or the production of documents and records anywhere in the state in any hearing before the commission.
(4) The hearing shall be conducted in accordance with the provisions of the Administrative Procedure Act.
(5) The commission shall make an initial determination on the matter. This determination shall be submitted to the commissioner in writing.
(6) The commissioner shall make the final determination on the matter. If the determination of the commissioner differs from the determination of the commission, the commissioner shall issue a written opinion based on the record of the hearing.
(7) Except as otherwise provided in this Paragraph, appeals from rulings of the commissioner shall be taken in accordance with the provisions of the Administrative Procedure Act. Notwithstanding the provisions of R.S. 49:978.1(B), any appeal from a determination of the commission or the commissioner, when filed in forma pauperis, shall be by civil proceedings in the district court for the parish in which the violation occurred.
B. Whenever the commissioner revokes, suspends, or imposes a probation on a license, certificate, or permit, the holder of such license, certificate, or permit shall be informed of the ruling by certified mail.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4606. State standards; supply of copies

RS 3:4606 - State standards; supply of copies
A. The weights and measures received from the United States under joint resolution of congress approved June 14, 1836 and July 27, 1866, and any weights and measures in conformity therewith applied by the state shall, when they have been certified by the National Institute of Standards and Technology, be the state standard of weights and measures. These state standards shall be submitted to the National Institute of Standards and Technology for certification as often as required by that institute.
B. The state shall supply as many copies of the state standards of weights and measures and as many other weights, measures, and apparatus as are necessary for enforcement personnel to enforce the provisions of this Chapter.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4607. Inspection and testing; entry upon premises

RS 3:4607 - Inspection and testing; entry upon premises
A. The department shall keep a general supervision over the weights, measures, and weighing and measuring devices offered for sale, sold, and in use in the state. When not otherwise provided by law, the department may inspect, test, and try all weights, measures, and weighing or measuring devices used, kept, offered, or exposed for sale, in order to ascertain whether or not they are correct.
B. At least once a year and more often if it thinks necessary, the department shall so inspect, test, and try all commercial weighing or measuring devices.
C. From time to time, the department shall weigh or measure and inspect packages or amounts of commodities of whatever kind kept for the purpose of sale, offered or exposed for sale, or sold in the process of delivery, in order to determine whether they contain the amounts represented and whether they are offered for sale or sold in a manner in accordance with law.
D. The department may, for the purposes mentioned in this Section and in the general performance of its official duties, enter and go upon, without formal warrant, any stand, place, building, or premises, or stop any person and require him, if necessary, to proceed, with or without any vehicle involved, to some place which the department may specify.
Acts 1992, No. 55, §1; Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4608. Rules and regulations; standard for apparatus

RS 3:4608 - Rules and regulations; standard for apparatus
A. The commissioner may adopt rules and regulations for the implementation and enforcement of the provisions of this Chapter. The regulations may, by specific reference, adopt all or part of any handbook, standards or procedures issued or established by the National Institute of Standards and Technology, the American Society for Testing and Materials, their successors, or any other federal or nonprofit agency that prepares and issues nationally recognized standards for commercial weighing and measuring devices. The regulations may include standards of net weight, net measure, or net count for any commodity, product, or article, and specifications and tolerances for all weights, measures, and weighing and measuring devices. These specifications and tolerances shall be designated to eliminate from use, without prejudice to apparatus which conform as closely as practicable to the official standards, those which are not accurate, those which are faulty in that they are not reasonably permanent in their adjustment or will not repeat their indications correctly, and those which facilitate the perpetration of fraud.
B. For purposes of this Chapter, apparatus are correct when they conform to all applicable requirements promulgated as specified in this Section. Other apparatus are incorrect.
C. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act.
Acts 1992, No. 55, §1; Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4609. Approval or disapproval of apparatus; procedure

RS 3:4609 - Approval or disapproval of apparatus; procedure
A. Whenever the department compares weights, measures, or weighing or measuring devices and finds that they correspond or causes them to correspond with the standards in its possession, it shall seal or mark the weights, measures, or weighing or measuring devices with appropriate devices.
B. The department shall condemn and seize and may destroy incorrect weights, measures, or weighing or measuring devices which, in its best judgment, are not susceptible of satisfactory repair. If the apparatus is incorrect and yet, in its best judgment, may be repaired, the department shall mark or tag it as condemned for repairs.
C. The owners or users of any weights, measures, or weighing or measuring devices which are condemned for repairs shall have them repaired and corrected within a reasonable period specified by the department. During that time, the owners or users may neither use nor dispose of the apparatus in any way, but shall hold it at the disposal of the department.
D. Any weights, measures, or weighing or measuring devices which have been condemned for repairs and have not been repaired shall be confiscated by the department.
E. The department may require any weight, measure, or any weighing or measuring device to be issued a certificate of conformance prior to use for commercial or law enforcement purposes.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4611. Use of unsealed instruments

RS 3:4611 - Use of unsealed instruments
No one shall use or have in his possession any commercial weighing or measuring device which has not been sealed by the department at its direction, within the year prior thereto, unless written notice has been given to the department to the effect that the commercial weighing or measuring device is available for examination or is due for re-examination, as the case may be.
Acts 1992, No. 55, §1; Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4612. False device prohibited

RS 3:4612 - False device prohibited
A. No one shall use, sell, hire, offer, or expose for sale or hire, or have in possession for the purpose of using, selling, or hiring a false weight, measure, or weighing or measuring device or any device to be used or calculated to falsify any weight or measure.
B. No one shall use, sell, hire, offer, or expose for sale or hire, any incorrect commercial weighing or measuring device.
Acts 1992, No. 55, §1; Acts 2003, No. 139, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4613. Commodities in package form; stamping of weight or measure; standard fill

RS 3:4613 - Commodities in package form; stamping of weight or measure; standard fill
A. No one shall keep for the purpose of sale, offer or expose for sale, or sell any commodity in package form unless the net quantity of the contents is plainly and conspicuously marked on the outside of the package, in terms of weight, measure, or numerical count. A box or carton used for shipping purposes containing a number of packages which are individually marked as provided in this Subsection need not be so marked itself.
B. No one shall keep for the purpose of sale, offer or expose for sale, or sell any commodity in package form if its container is so made, formed, or filled, or if it is so wrapped as to mislead the purchaser as to the quantity of the contents, or if the contents of its container fall below the standard of fill prescribed by rules or regulations promulgated as provided in this Section.
C. The commissioner may adopt rules and regulations, in accordance with the Administrative Procedure Act, fixing and establishing, for any commodity in package form, a reasonable standard of fill of containers in order to effectuate the purposes of this Section.
D. There is no violation of this Chapter if a discrepancy between the actual weight or volume at the time of sale to the consumer and the weight marked on the container, or between the fill of the container and the capacity of the container, is due to unavoidable leakage, shrinkage, evaporation, or waste, or to causes beyond the control of the vendor acting in good faith.
E. As used in this Section, the words "in package form" include a commodity in a package, carton, case, can, box, barrel, bottle, phial, or other receptacle, or in coverings or wrappings of any kind, packed by the manufacturer or when packed prior to the order of the commodity by the vendor, which may be labeled, branded, or stenciled, or otherwise marked, or which may be suitable for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The term shall include both the wholesale and the retail package.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4614. Net weights of cereals; exceptions

RS 3:4614 - Net weights of cereals; exceptions
A. No one shall pack for sale, keep for the purpose of sale, offer or expose for sale, or sell any of the following commodities except in containers of net avoirdupois weights of two, five, ten, twenty-five, fifty, one hundred, and multiples of one hundred pounds: wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meal, hominy, and hominy grits.
B. The provisions of this Section do not apply to:
(1) The retailing of flours, meals, hominy, and hominy grits direct to the consumer from bulk stock.
(2) The sale of flours and meals to commercial bakers or blenders in containers of more than one hundred pounds.
(3) The sale of flours and meals for export.
(4) Flours, meals, hominy, and hominy grits packed in cartons containing five pounds or less net.
(5) The exchange of wheat for flour by mills grinding for toll.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4615. Meat, poultry, fish, and seafood; ready-to-eat food

RS 3:4615 - Meat, poultry, fish, and seafood; ready-to-eat food
A. Meat, poultry, fish, and seafood shall be sold by weight, except the whole shellfish in the shell may be sold by weight, measure, or count. Shellfish are aquatic animals having a shell, such as mollusks, which includes scallops, or crustaceans, which includes lobster and shrimp.
B. The following may be sold by weight, measure, or count:
(1) Items sold for consumption on the premises.
(2) Items sold as one of three or more different elements, excluding condiments, comprising a ready-to-eat meal sold as a unit, for consumption elsewhere than on the premises where sold.
(3) Ready-to-eat chicken parts cooked on the premises but not packaged in advance of sale.
(4) Sandwiches when offered or exposed for sale on the premises where packed or produced and not intended for resale.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4616. Net weight employed in all sales; exemptions

RS 3:4616 - Net weight employed in all sales; exemptions
A. Whenever any commodity is sold on the basis of weight, only the net weight of the commodity shall be employed in the sale. All contracts concerning goods sold on a basis of weight shall be understood and construed accordingly.
B. Rope and twine and cordage products may be marked and sold under this Chapter according to gross weight, under rules and regulations adopted by the commissioner consistent with trade practices existing in the rope and twine industry.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4619. Observation by customer of weighing or measuring devices

RS 3:4619 - Observation by customer of weighing or measuring devices
No one shall use in retail trade, except in the preparation of packages packed in advance of sale, a weighing or measuring device which is not so positioned that its indications may be accurately read and the weighing and measuring operation observed from some position which may reasonably be assumed by a customer.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4620. Hindering, obstructing, or impersonating prohibited

RS 3:4620 - Hindering, obstructing, or impersonating prohibited
No one shall hinder or obstruct the department in any way in the performance of its official duties. No one shall impersonate in any way the commissioner, his inspectors, or the director.
Acts 1992, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4622. Fees; Weights and Measures Fund

RS 3:4622 - Fees; Weights and Measures Fund
A. Each commercial weighing and measuring device which is subject to the jurisdiction of the department shall be registered annually with the department in accordance with rules and regulations adopted by the commissioner.
B. The registration fee for each commercial weighing and measuring device shall be as follows:
(1) Category 1--zero to 1,000 pounds weight up to $50.00
(2) Category 2--over 1,000 to 10,000 pounds
weight up to $135.00
(3) Category 3--over 10,000 pounds weight up to $250.00
(4) The registration fee of any other commercial weighing and measuring device shall be as established in a fee schedule adopted by the commissioner. The fee rates shall be based on the cost of the work performed.
C. Each weighmaster who is licensed by the commission shall pay an annual license fee of one hundred dollars.
D. The commissioner shall adopt, by rule, the fees charged for weighing and measuring services performed by the department, including those services performed by the department's State Metrology Laboratory. The fee rates shall be based on the cost of the work performed.
E. The registration fee for each service agency shall be one hundred dollars. The registration fee for each service person shall be sixty-five dollars.
F. Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
G.(1) There is hereby created, as a special fund in the state treasury, the Weights and Measures Fund. 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 after a sufficient amount is allocated from that fund to pay all of the obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall pay an amount equal to the amount received by the state treasury from all assessments, fees, penalties, and other funds received under the provisions of this Chapter into the fund. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The treasurer shall invest the monies in the fund in the same manner as monies in the state general fund. All interest earned from investment of monies in the fund shall be deposited in the fund.
(2) Subject to annual appropriation by the legislature, the monies in the fund shall be used solely to provide for the expenses of the program established by this Chapter and to the carrying out of the powers, duties, functions, and responsibilities of the commission and the commissioner under the provisions of this Chapter.
Acts 1992, No. 55, §1; Acts 2003, No. 117, §1, eff. July 1, 2003; Acts 2003, No. 139, §§1 and 3, eff. May 28, 2003; Acts 2021, No. 145, §1, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4623. Exemption from Chapter

RS 3:4623 - Exemption from Chapter
A. This Chapter does not in any way apply to or affect the provisions pertaining to the Liquefied Petroleum Gas Commission or the storage, handling, sale, transportation, or distribution of liquefied petroleum gas and the measures used in connection therewith as provided in R.S. 40:1841 et seq.
B. This Chapter does not apply to platform scales used solely for safety purposes in connection with the distribution of liquefied petroleum gas; however, this does not prevent the department from entering into any cooperative endeavor or cooperative agreement with the Liquefied Petroleum Gas Commission to certify or register such scales.
C.(1) This Chapter does not apply to the sale of an aggregate of twenty thousand bushels or less per year of shelled field corn made directly from a producer to a purchaser.
(2) This Chapter does not apply to the sale of an aggregate of more than twenty thousand bushels per year of shelled field corn if the net weight of the shelled field corn is verified by a National Type Evaluation Program (NTEP) certified scale prior to distribution of the shelled field corn.
Acts 1992, No. 55, §1; Acts 2003, No. 139, §1, eff. May 28, 2003; Acts 2004, No. 47, §1, eff. May 21, 2004; Acts 2018, No. 155, §1; Acts 2019, No. 337, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4624. Penalty

RS 3:4624 - Penalty
A. A violator of any provisions of this Chapter or of any rule or regulation adopted under the provisions of this Chapter shall be subject to a civil penalty of not more than five hundred dollars for each act of violation. Each day on which a violation occurs shall be a separate offense.
B. Penalties may be assessed only by a ruling of the commissioner based upon an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act.
C. In addition to civil penalties, the commissioner may assess the proportionate costs of the adjudicatory hearing against the offender. The commissioner shall determine the amount of costs to be assessed.
D. The commissioner may institute civil proceedings to enforce his rulings in the district court for the parish in which the violation occurred.
E. The commissioner may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of this Chapter, or of the rules and regulations adopted under the provisions of this Chapter, in the district court for the parish in which the violation occurred.
Acts 1992, No. 55, §1; Acts 2003, No. 139, §1, eff. May 28, 2003.