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2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4223. Auxiliary provisions

RS 3:4223 - Auxiliary provisions
The commissioner may, for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Chapter, refuse to provide, or withdraw inspection service under the provisions of this Chapter with respect to any establishment if he determines, after opportunity for a hearing is accorded the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under the provisions of this Chapter because the applicant or recipient or any one responsibly connected with the applicant or recipient, has been convicted, in any federal or state court, of (1) any felony, or (2) more than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way the provisions of this Chapter for withdrawal of inspection services under the provisions of this Chapter from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat products. For the purpose of this section, a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder or owner of ten per centum or more of its voting stock, or employee in a managerial or executive capacity. The determination and order of the commissioner with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the appropriate court as provided in R.S. 40:2294. Judicial review of any such order shall be upon the record upon which the determination and order are based.
Acts 1968, No. 376, §21; Acts 1985, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4224. Authority to detain meats

RS 3:4224 - Authority to detain meats
Whenever carcasses, parts of carcasses, meat, meat food product or poultry product of cattle, sheep, poultry, swine, goats, horses, mules or other equines, or any product exempted from the definition of meat food product or poultry product, or any dead, dying, disabled or diseased animal or fowl described above is found by any authorized representative of the commissioner upon any premises where it is held for purposes of, or during or after distribution in intrastate commerce, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this Chapter or of the Federal Meat Inspection Act* or the Federal Food, Drug and Cosmetic Act,** or that such article or animal has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under R.S. 3:4225 or notification of any federal authorities having jurisdiction over such article or animal, and shall be moved by any person, entity, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the commissioner that the article or animal is eligible to retain such marks.
Acts 1968, No. 376, §22. Amended by Acts 1970, No. 615, §1; Acts 1985, No. 73, §1; Acts 2009, No. 24, §1, eff. June 12, 2009.
*21 U.S.C.A. §71 et seq. (Transferred; see now, 21 U.S.C.A. §601 et seq.).
**21 U.S.C.A. §301 et seq.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4225. Condemnation and seizure

RS 3:4225 - Condemnation and seizure
A. Any carcass, part of carcass, meat or meat food product of cattle, sheep, poultry, swine, goats, horses, mules or other equines or any dead, dying, disabled, or diseased animal or fowl described above that is being transported in intrastate commerce, or is held for sale in this state after such transportation, and that (1) is or has been prepared, sold, transported or otherwise distributed or offered or received for distribution in violation of this Chapter, or (2) is capable of use as human food and is adulterated or misbranded, or (3) in any other way is in violation of this Chapter, shall be liable to seizure and condemnation, at any time, on a petition properly in any court specified in R.S. 3:4226 within the jurisdiction of which the article or animal is found. If the article or animal is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the treasury of this state, but the article or animal shall not be sold contrary to the provisions of this Chapter, or the Federal Meat Inspection Act,* or the Federal Poultry Products Inspection Act** or the Federal Food, Drug, and Cosmetic Act;*** provided that upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this Chapter, or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the commissioner as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or animal. The proceedings in such case shall conform, as nearly as may be to the proceedings in criminal cases, and all such proceedings shall be in name of this state.
B. The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this Chapter, or other laws.
Acts 1968, No. 376, §23. Amended by Acts 1970, No. 615, §1; Acts 1985, No. 73, §1.
*21 U.S.C.A. §71 ET SEQ. (TRANSFERRED; SEE NOW, 21 U.S.C.A. §601 ET SEQ.).
**21 U.S.C.A. §451 ET SEQ.
***21 U.S.C.A. §301 ET SEQ.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4226. Courts

RS 3:4226 - Courts
The appropriate courts are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this Chapter, and shall have jurisdiction in all kinds of cases arising under this Chapter.
Acts 1968, No. 376, §24; Acts 1985, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4227. Assaults

RS 3:4227 - Assaults
Any person who forcibly assaults, resists, opposes, impedes, intimidates or interferes with any person while engaged in or on account of the performance of his official duties under this Chapter shall be fined not more than five thousand dollars or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than ten thousand dollars or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this Chapter shall be punished as provided under the applicable state law.
Acts 1968, No. 376, §25; Acts 1985, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4228. Penalties

RS 3:4228 - Penalties
A. Any person, firm or corporation who violates any provisions of this Chapter for which no other criminal penalty is provided by this Chapter shall, upon conviction, be subject to imprisonment for not more than one year, or a fine of not more than one thousand dollars, or both imprisonment and fine; but if such violations involves intent to defraud, or any distribution or attempted distribution of any article that is adulterated (except as defined in R.S. 3:4201(8)(i)), such person, firm or corporation shall be subject to imprisonment for not more than three years or a fine of not more than ten thousand dollars, or both; provided that no person, firm or corporation shall be subject to penalties under this section for receiving for transportation any article or animal in violation of this Chapter if such receipt was made in good faith, unless such person, firm or corporation refuses to furnish on request of a representative of the commissioner the name and address of the person from whom he received such article or animal, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him.
B. Nothing in this Chapter shall be construed as requiring the commissioner to report for prosecution or for the institution of injunction proceedings, minor violations of this Chapter whenever he believes that the public interest will be adequately served by a suitable written notice of warning.
Acts 1968, No. 376, §26; Acts 1985, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4230. Application

RS 3:4230 - Application
The requirements of this Chapter shall apply to persons, firms or corporation establishments, animals and articles regulated under the Federal Meat Inspection Act* or the Federal Poultry Products Inspection Act only to the extent provided for in Section 408 of said federal acts.**
Acts 1968, No. 376, §28. Amended by Acts 1970, No. 615, §1; Acts 1985, No. 73, §1.
*21 U.S.C.A. §71 ET SEQ. (TRANSFERRED; SEE NOW, 21 U.S.C.A. §601 ET SEQ.).
**21 U.S.C.A. §301 ET SEQ.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4231. Designation; Chapter as superseding other laws

RS 3:4231 - Designation; Chapter as superseding other laws
This Chapter shall be designated as the Louisiana Meat and Poultry Inspection Law. This Chapter supersedes all city, municipal or other ordinances or laws in the state on meat and poultry inspection in all facets of meat and poultry inspection covered by this Chapter.
Acts 1968, No. 376, §29. Amended by Acts 1970, No. 615, §1; Acts 1985, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4232. Commissioner of agriculture

RS 3:4232 - Commissioner of agriculture
A. The commissioner of agriculture shall administer and enforce the provisions of this Chapter.
B. The commissioner may employ such personnel as are necessary to enforce the provisions of this Chapter.
C. The commissioner may adopt such rules and regulations as are necessary to enforce the provisions of this Chapter. All rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act.
D. The commissioner, or his representative, may take samples of carcasses, parts of carcasses, meat, or meat products in order to enforce the provisions of this Chapter.
Added by Acts 1982, No. 750, §1, eff. Aug. 2, 1982; Acts 1985, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4271. Louisiana Forestry Commission established; state policy

RS 3:4271 - Louisiana Forestry Commission established; state policy
A. To protect, conserve, and replenish the natural resources of the state, the practice of forestry in the state is placed under the Louisiana Forestry Commission, which is hereby established in the executive branch of the state government.
B. Repealed by Acts 2012, No, 808, §2.
Amended by Acts 1975, No. 81, §1. Acts 1990, No. 176, §1; Acts 2012, No. 808, §2.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4272. Members; appointment; qualifications; terms of office

RS 3:4272 - Members; appointment; qualifications; terms of office
A. The commission shall consist of seven members, five of whom shall be appointed by the governor, subject to confirmation by the Senate, and two of whom shall serve ex officio--namely, the head of the department of forestry at Louisiana State University and Agricultural and Mechanical College and the secretary of the Department of Wildlife and Fisheries.
B. Two of the members shall be owners or executive managers of interests owning and operating timberlands; one shall be the owner of farm lands interested in reforestation; one shall be a pulp and paper mill owner or executive manager; and the fifth shall be the owner or executive manager of interests manufacturing or treating poles, piling, posts, crossties, or veneer.
C. The members first appointed serve for terms of one, two, three, four, and five years, the terms to be designated by the governor. The successors of each shall be appointed for a term of five years.
Amended by Acts 1975, No. 81, §1; Acts 1981, No. 838, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4273. Officers; meetings; compensation

RS 3:4273 - Officers; meetings; compensation
The commission shall select its own chairman and vice-chairman, and fix the terms and duties of these offices; prescribe rules and regulations for the conduct of its meetings and operation; meet quarterly or oftener on call of the chairman, or on petition to the chairman by four members of the commission.
Meetings shall be held at the offices of the commission, or elsewhere as the commission may elect from time to time.
The commissioners shall receive no salary or per diem, but shall be reimbursed for actual and reasonable expenses incurred in attendance upon meetings or other works undertaken at the direction of the commission
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4274. Powers and duties of commission

RS 3:4274 - Powers and duties of commission
A. The commission shall:
(1) Prepare or cause to be prepared plans for execution of laws relating to forestry.
(2) Select and employ the state forester, and control his tenure of office.
(3) Direct and advise the state forester in the work of the commission.
(4) Prepare a budget of expenditures for the commission prior to each regular session of the legislature, and submit this to the state budget officer, and file a duplicate with the governor.
(5) Cooperate with the government of the United States and any of its bureaus, services, and agencies in accordance with federal statutes and regulations thereunder.
(6) Repealed by Acts 2012, No. 808, §2.
(7) Maintain its offices and be domiciled in the parish of East Baton Rouge.
B. The commission may also sue and be sued; and have and exercise all authority and power as prescribed by law in relation to the practice of forestry.
Amended by Acts 1981, No. 736, §1; Acts 2012, No. 808, §2; Acts 2015, No. 249, §1, eff. June 29, 2015.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4274.1. Appointment of forestry officers; duties and powers

RS 3:4274.1 - Appointment of forestry officers; duties and powers
A. To provide for the protection of the assets, property, personnel, and interests relating to forest woodlands, the state forester may appoint and commission forestry officers who shall enforce the laws, rules, and regulations for the protection of interests relating to forest woodlands, may carry weapons concealed or exposed while in the performance of their duties, shall take such action as is authorized by law, rule, or regulation to protect interests relating to forest woodlands, and shall be vested with the same authority and powers conferred by law upon regular law enforcement officers of this state with respect to issuing civil citations for littering and with respect to criminal and other offenses affecting the protection of interests relating to forest woodlands or affecting the performance of their duties.
B. All forestry officers shall be Peace Officers Standard Training (P.O.S.T.) certified.
C. Additionally, while on special assignment during any riot, insurrection, or any natural disaster or while in protection of immovable property of the commission and the property, assets, and resources of the office of forestry or the department, any commissioned forestry officer shall possess all the powers and authority of regular law enforcement officers of this state.
D. Upon the request of any regular law enforcement agency of this state, forestry officers shall prevent and detect crime, apprehend criminals, enforce the criminal and traffic laws of the state, keep the peace and good order in the state in the enforcement of the state's police powers, and perform any other related duties imposed upon them by the legislature.
Acts 1977, No. 560, §1; Acts 1998, 1st Ex. Sess., No. 148, §1; Acts 2009, No. 137, §1, eff. June 28, 2009; Acts 2012, No. 808, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4276. Powers and duties of state forester

RS 3:4276 - Powers and duties of state forester
The state forester shall:
(1) Have direction of all forest interests and all matters pertaining to forestry within the jurisdiction of the state.
(2) Determine annual goals, objectives, and priorities and conduct annual reviews per established department protocol.
(3) Serve as lead department liaison responsible for the detection and rapid suppression of all forest wildfires in the state including all state-owned and private forest lands and non-forested open areas threatening forest lands.
(4) Work with state cooperators that may offer assistance during wildfire suppression efforts.
(5) Take such action as is authorized by law to prevent and extinguish forest fires.
(6) Enforce laws pertaining to forest woodlands and recommend prosecutions for violations.
(7) Act as lead department liaison to educate and train industry professionals and the public on matters vital to the long-term stability and sustainability of Louisiana's forests. Lead and support programs that educate the public on the importance of forest resources and their contribution to the economic health of the state, and the social and recreational benefits derived from vibrant, healthy, working forests and the dynamic ecosystems they support.
(8) Cooperate with and encourage private timber owners in laying plans to protection, management, and the replacement of forests, and in aiding them to form protective associations.
(9) Provide wildfire suppression training to the office of forestry employees to National Wildfire Coordinating Group standards.
(10) Provide certified burner training.
(11) Serve as the lead department liaison responsible for wildfire prevention education and training.
(12) Serve as the state liaison for forest inventory and maintain statistically reliable forest inventory data that is publicly accessible, if appropriated in the budget.
(13) Serve as lead department liaison responsible for compliance monitoring related to adherence to forest practices mandated by law and voluntary best management practices for forestry as established by the state of Louisiana.
(14) Establish an ongoing monitoring protocol that is stable, consistently implemented, and reported to stakeholders and the public on a biennial basis.
(15) Direct landowner assistance to encourage reforestation and sustainable land management and make recommendations based on understanding landowner objectives.
(16) Administer the Forest Productivity Program which provides reforestation assistance.
Amended by Acts 1981, No. 736, §1; Acts 1981, No. 838, §1; Acts 2012, No. 808, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4276.1. Volunteer forest fire and wildfire fighters

RS 3:4276.1 - Volunteer forest fire and wildfire fighters
A. As used in this Section, the following terms shall have the following meanings ascribed to them:
(1) "Direct supervision" means giving direction or instruction to and accepting responsibility for the work product of the person being supervised.
(2) "Financial loss" means and includes court costs, judicial interest, monetary damages, and attorney fees.
(3) "Person" means any individual, corporation, partnership, association, or other legal entity.
B. The state forester may conduct courses of instruction in the proper techniques for safety and efficiently suppressing forest fires and wildfires. Each individual who successfully completes the course of instruction shall be issued a certificate.
C. The state forester may enter into agreements with any person to obtain volunteer assistance in responding to forest fires or wildfires from individuals who hold, or are working under the direct supervision of individuals who hold a certificate issued under this Section.
D. The provisions of this Section shall not create an employer-employee relationship between the state of Louisiana and any person who takes any action under this Section, including but not limited to attending a course of instruction, receiving a certificate, entering into an agreement, or providing volunteer assistance.
E. It is hereby declared to be the public policy of this state that the state shall hold harmless and indemnify each person who provides volunteer assistance under this Section from any financial loss arising out of any claim, demand, suit, or judgment in any court by reason of the alleged negligence of any individual who, at the time the damages were sustained, was providing volunteer assistance under this Section and held, or was working under the direct supervision of an individual who held a certificate issued under this Section. The provisions of this Subsection shall not apply to damages arising out of any intentional wrongful act or any act of gross negligence.
F. The state forester shall adopt rules and regulations to implement this Section. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act.
Acts 1985, No. 651, §1, eff. July 16, 1985.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4277. Donation of land to state; acceptance and use

RS 3:4277 - Donation of land to state; acceptance and use
The governor may accept gifts of land to the state to be held, protected, and administered by the commission as state forests and to be used to demonstrate their practical utility for reforestation and as breeding places for game. Such gifts must be absolute, except for the reservation of all mineral rights, and in no case shall exceed ten percent of the area of any parish wherein the lands are situated. The Attorney General shall see that all deeds to the state are properly executed and that the titles thereto are free and clear of all incumbrance before the gift is accepted. When any donation exceeding six hundred acres is made, the name of the donor, or any name he may suggest, shall, on the approval of the commission, be given the donation as the designation of that state forest.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4278.1. Trees, cutting without consent; co-owners and co-heirs; penalty

RS 3:4278.1 - Trees, cutting without consent; co-owners and co-heirs; penalty
A.(1) It shall be unlawful for any person to cut, fell, destroy, remove, or to divert for sale or use, any trees, or to authorize or direct his agent or employee to cut, fell, destroy, remove, or to divert for sale or use, any trees, growing or lying on the land of another, without the consent of, or in accordance with the direction of, the owner or legal possessor, or in accordance with specific terms of a legal contract or agreement.
(2) It shall be unlawful for any co-owner or co-heir to cut, fell, destroy, remove, or to divert for sale or use, any trees, or to authorize or direct his agent or employee to cut, fell, destroy, remove, or to divert for sale or use, any trees, growing or lying on co-owned land, without the consent of, or in accordance with the direction of, the other co-owners or co-heirs, or in accordance with specific terms of a legal contract or agreement. The provisions of this Paragraph shall not apply to the sale of an undivided timber interest pursuant to R.S. 3:4278.2.
B. Whoever willfully and intentionally violates the provisions of Subsection A of this Section shall be liable to the owner, co-owner, co-heir, or legal possessor of the trees for civil damages in the amount of three times the fair market value of the trees cut, felled, destroyed, removed, or diverted, plus reasonable attorney fees and costs.
C. Whoever violates the provisions of Subsection A of this Section in good faith shall be liable to the owner, co-owner, co-heir, or legal possessor of the trees for three times the fair market value of the trees cut, felled, destroyed, removed, or diverted, if circumstances prove that the violator should have been aware that his actions were without the consent or direction of the owner, co-owner, co-heir, or legal possessor of the trees.
D. If a good faith violator of Subsection A of this Section fails to make payment under the requirements of this Section within thirty days after notification and demand by the owner, co-owner, co-heir, or legal possessor, the violator shall also be responsible for the reasonable attorney fees and costs of the owner, co-owner, co-heir, or legal possessor.
E. The provisions of this Section shall not apply to the clearing and maintenance of rights of way or to utility service situations where a utility is acting in good faith to minimize the damage or harm occasioned by an act of God. The provisions of this Section shall not apply to land surveying by or under the direction of a registered professional land surveyor, duly registered under the laws of the state of Louisiana.
F. Repealed by Acts 2021, No. 190, §3, eff. June 11, 2021.
G. Notwithstanding any other provision of law to the contrary, a civil action pursuant to provisions of this Section shall be subject to a liberative prescriptive period of five years.
Acts 1987, No. 144, §1; Acts 1992, No. 405, §1; Acts 2009, No. 107, §2; Acts 2011, No. 226, §1; Acts 2021, No. 190, §3, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4278.2. Sale of undivided timber interest; consent of co-owners; theft

RS 3:4278.2 - Sale of undivided timber interest; consent of co-owners; theft
A. A co-owner or co-heir of land may execute an act of timber sale whereby he sells his undivided interest in the timber, and any condition imposing a time period within which to remove the timber shall commence from the date of its execution.
B. A buyer who purchases the timber from a co-owner or co-heir of land may not remove the timber without the consent of the co-owners or co-heirs representing at least seventy-five percent of the ownership interest in the land, provided that he has made reasonable effort to contact the co-owners or co-heirs who have not consented and, if contacted, has offered to contract with them on substantially the same basis that he has contracted with the other co-owners or co-heirs.
C. A co-owner or co-heir of the land who does not consent to the exercise of such rights has no liability for the cost of timber operations resulting from the sale of the timber, and shall receive from the buyer the same price which the buyer paid to the other co-owners or co-heirs. The consenting co-owners or co-heirs shall agree to indemnify and hold harmless the nonconsenting co-owners or co-heirs for any damage or injury claims which may result from such operations.
D. If the nonconsenting co-owner or co-heir fails or refuses to claim his portion of the sale price of the timber, the buyer shall be obligated to hold such funds in escrow, for and on behalf of such nonconsenting co-owner or co-heir and any interest or other income earned by such funds in escrow shall inure to the benefit of the co-owner or co-heir for whom they are held.
E. Failure to comply with the provisions of this Section shall constitute prima facie evidence of the intent to commit theft of the timber by such buyer.
F. The sale of an undivided interest in timber that constitutes community property shall be governed by the provisions of Chapter 2 of Title VI of Book III of the Civil Code.
G. Notwithstanding any other provision of law to the contrary, a civil action pursuant to provisions of this Section shall be subject to a liberative prescriptive period of five years.
Acts 1992, No. 223, §1; Acts 2001, No. 558, §2; Acts 2009, No. 107, §2; Acts 2021, No. 190, §1, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4278.3. Transporting or receiving of forest products; records; rules; penalties

RS 3:4278.3 - Transporting or receiving of forest products; records; rules; penalties
A. In addition to other requirements as provided by law, a person transporting or receiving forest products shall maintain appropriate records as required by the commissioner of agriculture and forestry to verify the origin and ownership of such forest products.
B. The commissioner of agriculture and forestry, with the advice of the Louisiana Forestry Commission, shall adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section. The commissioner may impose a civil penalty of not more than five thousand dollars for failure to comply with the provisions of this Section. Each day a violation occurs shall be considered a separate violation. Such penalty shall be in addition to any other penalties or sanctions provided by law.
Acts 1999, No. 9, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4278.4. Harvest or sale of forest products; failure to remit payment to owner; penalty

RS 3:4278.4 - Harvest or sale of forest products; failure to remit payment to owner; penalty
A. As used in this Section, the following terms shall have the following meanings:
(1) "Forest product" means any tree, shrub, plant, or related vegetation, or any part thereof.
(2) "Harvester" means a person, firm, company, corporation, or other legal entity that harvests forest products.
(3) "Landowner" means any person, partnership, corporation, unincorporated association, or other legal entity having any interest in any forest product, any land upon which a forest product is growing, or any land from which a forest product has been removed.
B.(1) A harvester, contractually or at the behest of the landowner for purpose of sale, who receives payment for a forest product shall remit payment in full to the landowner within thirty days of receipt of payment for the sale of the forest product.
(2) If the landowner has not received payment within the required thirty days, the landowner shall notify the harvester of the demand for payment at the harvester's last known address by certified mail or by personal delivery of the written notice to the harvester. If the harvester fails to remit payment in full within ten days after receipt or personal delivery, it shall be presumptive evidence of his intent to violate this Section.
C. A written agreement signed by the harvester providing for a means of payment contrary to this Section shall constitute an affirmative defense.
D. Whoever violates this Section when the value of the forest product is five hundred dollars or less shall be fined not more than one thousand dollars, or imprisoned for not more than one year, or both. When the value of the forest product is more than five hundred dollars, the violator 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 2019, No. 218, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4278.5. Prohibited cutting of cypress trees; exceptions; penalty

RS 3:4278.5 - Prohibited cutting of cypress trees; exceptions; penalty
A. It shall be unlawful for any person or government entity, or his agent or employee, to cut, fell, destroy, remove, or to divert for sale or use, any cypress trees growing or lying on public land owned by or under the control of the state of Louisiana or local governing authority with exception to the following:
(1) Removal of a fallen cypress tree or its stump with the consent of, or in accordance with the direction of, the governmental entity that owns the land.
(2) Clearing and maintenance of trails or roads on wildlife management areas, rights-of-way, or to utility service situations where a utility is acting in good faith to minimize the damage or harm occasioned by an act of God.
(3) Cutting or clearing as part of a management plan for managing aquatic vegetation and that plan is developed or approved by the Department of Wildlife and Fisheries.
(4) Cutting or clearing of cypress trees for the purpose of creating a necessary boat lane or navigation corridor and the cutting or clearing of standing cypress trees is unavoidable and approval is received from the Department of Wildlife and Fisheries.
(5) Cutting, clearing, removing, or diverting for sale or use of any cypress trees for integrated coastal protection as defined in R.S. 49:214.2 or a project listed in the comprehensive master coastal protection plan as defined in R.S. 49:214.2.
(6) Cutting, clearing, removing, or diverting for sale or use of any cypress trees for any levee or drainage project by the departments, agencies, boards, or commissions of the state of Louisiana and their political subdivisions, including but not limited to a levee district or levee and drainage district as identified in Chapter 4 of Title 38 of the Louisiana Revised Statutes of 1950, parishes or municipalities, and the United States.
B. Whoever violates the provisions of Subsection A of this Section shall be subject to the same penalties available in R.S. 3:4278.1(B) through (D). Additionally, the violator shall be subject to a fine not to exceed five thousand dollars, imprisonment not to exceed six months, or both.
C. Notwithstanding any other provision of law to the contrary, a civil action instituted pursuant to the provisions of this Section shall be subject to a liberative prescriptive period of five years.
Acts 2021, No. 190, §1, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4279. Railroad and other public utilities' rights-of-way; clearing of combustible material

RS 3:4279 - Railroad and other public utilities' rights-of-way; clearing of combustible material
A. All persons owning or operating railroads, electric transmission lines, or oil or gas pipe lines through forest lands within this state shall keep their rights-of-way reasonably cleared of all combustible material and safely dispose of the same within the limits of the rights-of-way. This requirement does not apply in the case of temporary spurs or railroads and tramroads, nor does it prohibit any railroad company from piling or keeping upon the right-of-way, cross ties or other materials necessary for operation or maintenance of the railroad.
B, C. Repealed by Acts 2012, No. 808, §2.
Acts 2012, No. 808, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4281. Prosecution for setting fire; cost of fighting fire as part of penalty

RS 3:4281 - Prosecution for setting fire; cost of fighting fire as part of penalty
In a prosecution for the wilful and negligent setting fire to forests, when the evidence has been conclusive of the guilt or innocence of the party charged with the offense, the court may take evidence as to the cost of fighting the fire which the accused is charged with setting, and may assess such costs as a part of the penalty against the person charged.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4283. National forests; consent; concurrent jurisdiction

RS 3:4283 - National forests; consent; concurrent jurisdiction
The consent of the state is given to the acquisition by the United States by purchase or gift of such land in Louisiana as in the opinion of the federal government may be needed for the establishment of national forests in this region. However, the state retains a concurrent jurisdiction with the United States in and over such lands so that civil process in all cases and such criminal process as may issue under the authority of the state against the person charged with a commission of any crime without or within the jurisdiction may be executed thereon in like manner as before. Congress may pass such laws as it deems necessary to the acquisition as herein provided for incorporation in the national forest of such forests, covered, or cut-over lands lying in Louisiana as in the opinion of the federal government may be needed. Congress may pass such laws and make or provide for the making of such rules and regulations of both civil and criminal nature and provide punishment for violation thereof as in its judgment are necessary for the management, control, and protection of such lands as are from time to time acquired by the United States under the provisions of this Section.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4292. Instruction on forestry in public schools; Arbor Day

RS 3:4292 - Instruction on forestry in public schools; Arbor Day
The Department of Education and the parish school boards shall encourage the observance of Arbor Day and encourage participation in natural resource education programs such as forestry awareness, forestry skills, 4-H, Future Farmers of America, and Project Learning Tree to promote learning about the natural environment and the opportunities and benefits it provides for all students.
Acts 2012, No. 808, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4301. Forest tree seedling nurseries; authorization

RS 3:4301 - Forest tree seedling nurseries; authorization
The office of forestry may purchase land, install watering systems, and construct and equip the buildings necessary for the operation of forest tree seedling nurseries.
Amended by Acts 1981, No. 736, §1; Acts 1981, No. 838, §1; Acts 2015, No. 249, §1, eff. June 29, 2015.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4325. Parish board of forestry; appointment and term; compensation

RS 3:4325 - Parish board of forestry; appointment and term; compensation
Upon approval by the commission and the state forester, the governing authority of each parish cooperating may appoint a parish board of forestry. It shall consist of one member of the governing authority of the parish, one representative of the commission, two representatives of the forest products industries presently in a managerial or executive capacity, and one representative of the parish landowners. The last three named members shall serve for terms of three years after the initial terms, of one, two, and three years. Appointments to fill vacancies shall be for the unexpired term. The parish board serves without compensation or per diem.
Acts 2012, No. 808, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4326. Supervision of forestry program; detailed plan

RS 3:4326 - Supervision of forestry program; detailed plan
The state forester with the approval of the forestry commission may administer and supervise the forestry program in each parish where such programs may be established.
Acts 2012, No. 808, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4343. Disposition of tax; valuation of severed forest products

RS 3:4343 - Disposition of tax; valuation of severed forest products
The tax levied and collected under the provisions of this Part shall be dedicated and administered in accordance with the provisions of Article X, Section 21(2) of the Constitution as amended. No contract shall provide the mode of arriving at the future value of timber, which shall be left to be prescribed by law. Until otherwise prescribed by law the commission shall fix the value of severed forest products and timber upon which the tax herein provided is levied, which shall be at the market price at the time and place where severed and which shall be approved by the governing authority of the parish and the Louisiana tax commission.
Amended by Acts 1952, No. 137, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4344. Disposition of the state's portion of the tax

RS 3:4344 - Disposition of the state's portion of the tax
A. Subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, the portion of the timber severance tax allocated to the state by Article VII, Section (4)(D) of the Constitution of Louisiana shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund.
B. REPEALED BY ACTS 1992, No. 984, §18.
C. REPEALED BY ACTS 1992, No. 984, §18.
Added by Acts 1982, No. 487, §1, eff. Jan. 1, 1983. Acts 1984, No. 281, §1, eff. July 1, 1984; Acts 1992, No. 984, §§2 and 18.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4351.6. Licensing of agents; claims against insurance agents

RS 3:4351.6 - Licensing of agents; claims against insurance agents
A. Any person soliciting membership for the fund shall be licensed by the department as a property and casualty producer pursuant to R.S. 22:1541 et seq. No employee of a bona fide trade or professional association which has established the fund or employee of the fund shall be required to be licensed if the solicitation of membership for the fund is not the primary duty of the employee.
B. No action shall lie against an insurance producer or other person involved in the marketing, selling, or solicitation of participation in the fund authorized by this Part for any claims arising out of the insolvency of the fund or the inability of the fund to pay claims as the claims become due unless and until any claimant shall have first exhausted all remedies available to him against the members of the fund as provided by this Part.
Acts 2022, No. 586, §1, eff. June 17, 2022; Acts 2022, No. 598, §1, eff. June 18, 2022; Acts 2023, No. 191, §2, eff. June 8, 2023.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:4351.7. Rates; filing; review of rate determination

RS 3:4351.7 - Rates; filing; review of rate determination
A. The fund shall file rates on an actuarially justified basis with the department and may use the rates ninety days after filing, unless the department disapproves the use of rates within the ninety-day period.
B. The fund shall provide a reasonable procedure for any member aggrieved by the fund to request in written form a review of the application of the rating system for the coverage afforded by the fund. The fund shall have thirty days from receipt to grant or deny the request in written form. If the fund rejects the request or fails to grant or reject the request within the thirty-day period, the member may, within thirty days of the expiration of the thirty-day period, appeal to the division of administrative law for a hearing in accordance with the provisions of the Administrative Procedure Act. After the hearing, the administrative law judge may affirm, modify, or reverse the action taken by the fund.
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 › §3:4351.8. Consecutive net losses

RS 3:4351.8 - Consecutive net losses
If the fund has three years of consecutive net losses on the audited financial statements of the fund, or two years of consecutive net losses on the audited financial statements of the fund in excess of five hundred thousand dollars or five percent of the premium of the latest audited financial statement, whichever is greater, an authorized representative of the fund shall:
(1) Attend a meeting with the department, the administrator of the fund, any third-party administrator contracted or performing services for the fund, and the fund's board of trustees to discuss the financial condition of the fund and to advise the department of the course of action the fund will take to obtain net incomes on subsequent audited financial statements.
(2) File with the department a written and signed plan from the fund's board of trustees describing the actions the fund will take to generate net incomes on subsequent audited financial statements.
(3) Obtain an actuarial rate analysis, if an actuarial rate analysis was not performed for the previous fund year.
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 › §3:4351.12. Authorization of the Department of Insurance to employ investigators

RS 3:4351.12 - Authorization of the Department of Insurance to employ investigators
The department shall have authority to employ investigators to investigate complaints received against the group self-insurance fund authorized to do business in this state and against any unauthorized group self-insurance fund that is reported to be operating in this state.
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 › §3:4351.13. Disclosure

RS 3:4351.13 - Disclosure
A. It shall be unlawful for any person who is an officer, trustee, employee, administrator, agent, or representative of the group self-insurance fund, as well as any person, partnership, corporation, banking corporation, or any other legal entity which performs any service for the group self-insurance fund, or prepares any report, audit, financial statement or report for, or makes any representation on behalf of, for, or with regard to the group self-insurance fund, in connection with any investigation, or examination authorized by this Part, to act with the specific intent to do any of the following:
(1) Represent falsely, directly or indirectly, to the department or any employee, trustee, or administrator of the department, that an asset of such group self-insurance fund is unencumbered, or to misrepresent any other material fact pertaining to the status of any asset or liability of the group self-insurance fund.
(2) Materially misrepresent to the department, or any employee, trustee, or administrator of the department, the value of any asset or the amount of any liability of the group self-insurance fund, or any affiliate, subsidiary, or holding fund associated therewith, provided that with regard to a material misrepresentation of the value of any asset or liability, any deviation from the actual value of such assets or liability which results from utilization of and compliance with generally accepted insurance accounting and reporting procedures shall not be deemed a violation of this Section.
(3) Fail to disclose to the department the existence of any liability of the group self-insurance fund, or affiliate, subsidiary, or holding company associated therewith when such disclosure is properly requested or required in writing by an examiner or administrator of the department.
(4) Materially misrepresent, withhold, deny access to, or otherwise preclude the obtainment of any information properly requested in writing and in accordance with provisions of law affecting dissemination or disclosure of information by specific institutions by an examiner or administrator of the department, which is material and relevant to an examination properly conducted by the department and examiners and administrators of the department.
B. Whoever violates any provision of this Section, upon conviction, shall be fined by the court not more than fifty thousand dollars, or imprisoned with or without hard labor for not more than five years, or both.
Acts 2022, No. 586, §1, eff. June 17, 2022; Acts 2022, No. 598, §1, eff. June 18, 2022.