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2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1144. Exhibits at state fair

RS 3:1144 - Exhibits at state fair
With a view of stimulating a friendly rivalry as to the most successful results obtained upon parish experimental farms, a selection of the best results of each year's work upon the farms may be assembled and exhibited annually at the state fair in the building owned and set apart by the state as an agricultural hall at the state fair of Louisiana.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1206. Election of three supervisors for each district

RS 3:1206 - Election of three supervisors for each district
A. Within thirty days after the date of issuance by the secretary of state of a certificate of organization of a soil and water conservation district, nomination petitions may be filed with the state soil and water conservation commission to nominate candidates for supervisors of the district. The commission shall have authority to extend the time within which nominating petitions may be filed. No nominating petition shall be accepted by the board, unless it shall be subscribed by twenty-five or more qualified voters within the district who are qualified to vote under the constitution and law of this state. Qualified voters may sign more than one such nominating petition to nominate more than one candidate for supervisor. The commission shall give due notice of an election to be held for the election of three supervisors for the district. The names of all nominees on behalf of whom nominating petitions have been filed within the time herein designated shall be printed, arranged in the alphabetical order of the surnames, upon ballots, with a square before each name and a direction to insert an X mark in the square before any three names to indicate the voter's preference. All qualified voters within the district who are qualified to vote under the constitution and laws of this state shall be eligible to vote in the election. Only qualified voters shall be eligible to vote. The three candidates who shall receive the largest number, respectively, of the votes cast in such election shall be the elected supervisors for such district. The state commission shall pay all the expenses of such election, shall supervise the conduct thereof, shall prescribe regulations governing the conduct of such election, and shall publish the results thereof.
B. If the total number of candidates duly presented in nominating petitions does not exceed the number of supervisor places to be filled by election, then and in that event, the state commission is authorized and empowered to dispense with the election procedure outlined above and to declare each of said candidates duly qualified as a supervisor without the requirement of an election the same as if his name had been presented to the qualified voters in an election. Candidates so qualified shall be considered for all purposes "elected supervisors" wherever such term appears in this Part.
Amended by Acts 1956, No. 10, §4; Acts 1958, No. 231, §2; Acts 2008, No. 920, §1, eff. July 14, 2008.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1211. Performance of work under the regulations by the supervisors

RS 3:1211 - Performance of work under the regulations by the supervisors
Where the supervisors of any district shall find that any of the provisions of land-use regulations prescribed in an ordinance adopted in accordance with the provisions of R.S. 3:1209 are not being observed on particular lands, and that such non-observance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may seek, according to law, from the district court having jurisdiction, a mandatory injunction ordering the land occupant and the land owner to comply with the land-use regulations, and, in the alternative, authorizing the supervisors to go on the land, perform the work or other operations or otherwise bring the condition of such lands into conformity with the requirement of such regulations and to recover the costs and expenses thereof, with interest, from the occupant and owner of such land. In all cases where the person in possession of lands, who shall fail to perform such work, operations, or avoidances shall not be the owner, the owner of such lands shall be joined as a party defendant.
When such judgment shall be paid or collected, the proceeds shall be paid over to the district within the boundaries of which the land shall lie.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1214. State agencies to co-operate

RS 3:1214 - State agencies to co-operate
Agencies of this state which shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any parish, or other governmental subdivision of the state, which shall have jurisdiction over, or be charged with the administration of, any parish-owned or other publicly owned lands, lying within the boundaries of any district organized hereunder, shall co-operate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this Part. The supervisors of such districts shall be given free access to enter and perform work upon such publicly owned lands.
The provisions of land-use regulations adopted pursuant to R.S. 3:1209 shall have the force and effect of law over all such publicly owned lands, and shall be in all respects observed by the agencies administering such lands.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1218. Extension of boundaries to include urban or suburban areas

RS 3:1218 - Extension of boundaries to include urban or suburban areas
All cities, towns, villages or other urban or suburban areas lying within the exterior boundaries of a soil and water conservation district established pursuant to the provisions of the Soil and Water Conservation Districts Law, as amended, or lying close to any such district, shall from July 27, 1966 be included in and deemed part of the district in the exterior boundaries of which it lies or the district to which it lies closest. In doubtful cases, the state committee shall determine the district of which any such urban or suburban area has become a part by virtue of this provision.
Added by Acts 1966, No. 195, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1219. Saving provision

RS 3:1219 - Saving provision
Nothing contained in R.S. 3:1204 and R.S. 3:1207 shall be interpreted to reduce or limit any authorization granted in any act of the legislature of this state to any agency of the government of this state or to any parish, municipality, special-purpose district or other local governmental subdivision of this state, or to any research or educational institution supported wholly or in part with public funds and operating in this state.
Added by Acts 1970, No. 469, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1221. Carbon sequestration; emissions reduction of carbon dioxide and other greenhouse gases

RS 3:1221 - Carbon sequestration; emissions reduction of carbon dioxide and other greenhouse gases
A. The commissioner is authorized to take all action necessary to ensure Louisiana's participation, to the fullest extent practicable, regarding carbon sequestration or the reduction of emissions of carbon dioxide and other greenhouse gases from agriculture and forestry.
B. The office of soil and water conservation of the Department of Agriculture and Forestry shall function as the state's agency for such participation.
C. The provisions of this Section do not affect the authority of the Department of Energy and Natural Resources or benefits, credits, or offsets derived from projects approved and undertaken by the Coastal Protection and Restoration Authority in the coastal area.
Acts 2010, No. 527, §1; Acts 2023, No. 150, §1, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1251. Adoption of federal soil conservation policy

RS 3:1251 - Adoption of federal soil conservation policy
A. It is hereby recognized and declared as a matter of legislative determination that the public welfare of this state requires the cooperation of this state with other states and with the federal government in the accomplishment of the policy declared by the Congress of the United States in the Soil Conservation and Domestic Allotment Act, and particularly in Section 7(a) thereof, including:
(1) Preservation and improvement of soil fertility.
(2) Promotion of the economic use and conservation of land.
(3) Diminution of exploitation and wasteful and unscientific use of national soil resources.
(4) The protection of rivers and harbors against the result of soil erosion in aid of maintaining the navigability of waters and water courses and in aid of flood control.
B. The Legislature of Louisiana therefore accepts the provisions and requirements of the Act and adopts the policy thereof as the policy of the state of Louisiana and the purposes thereof as the purposes of this Part.
Acts 2023, No. 185, §1, eff. June 8, 2023.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1381. Definitions

RS 3:1381 - Definitions
In this Chapter, the following definitions shall apply:
(1) "Commission" means the Agricultural Chemistry and Seed Commission.
(2) "Commissioner" means the commissioner of agriculture and forestry and his duly authorized representatives.
(3) "Department" means the Department of Agriculture and Forestry.
(4) "State chemist" means the director of the Louisiana Agricultural Experiment Station of the Louisiana State University Agricultural Center, or his designee.
Acts 2010, No. 579, §1; Acts 2013, No. 26, §1, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1392. Commission; powers and authority

RS 3:1392 - Commission; powers and authority
A. The commission may adopt all rules and regulations necessary to carry out the intent and purposes of this Part, in accordance with the Administrative Procedure Act.
B. In the interest of uniformity, the commission by regulation may adopt, unless it determines that they are inconsistent with the provisions of this Part or are not appropriate to conditions which exist in this state, the following:
(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization.
(2) Any federal regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act.
C. The commission by rule may exempt from the provisions of this Part hay, straw, stover, silage, cobs, husks, hulls, individual chemical compounds or substances, and similar commodities when they are not mixed with substances regulated under this Part.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1393. Registration and labeling

RS 3:1393 - Registration and labeling
A. No person shall manufacture a commercial or customer-formula feed for distribution in this state unless he has registered with the commission by filing on forms provided by the commissioner his name, state of incorporation if incorporated, the location of his principal place of business, and the location of each manufacturing facility in this state when such facilities are so located. Registration shall be renewed annually on July first. Renewal of registration may be denied by the commissioner for cause. A distributor may apply to the commission for registration as a manufacturer and for authority to label feeds for sale in this state. All provisions applicable to a manufacturer shall then apply to the distributor.
B. Registration shall authorize the registrant to distribute in this state any commercial feed for which a label has been approved by the commissioner.
C. No person registering with the commission shall manufacture for distribution in this state or distribute a commercial feed which has not been approved as to labeling pursuant to the provisions of R.S. 3:1394 and such additional regulations of the commission as may be adopted from time to time.
D. Approved labeling shall authorize a registrant to manufacture, sell, or offer for sale in this state a particular commercial feed.
E. The commissioner may refuse approval of the label of any commercial feed not in compliance with the provisions of this Part and may revoke approval of any registration or approval of any label when a commercial feed is found not to be in compliance with any provision of this Part. No registration or label shall be revoked or canceled unless the registrant shall have been given an opportunity to be heard before the commission and to amend his application or label in order to comply with the requirements of this Part.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1395. Misbranding

RS 3:1395 - Misbranding
A commercial feed shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular manner.
(2) If it is distributed under the name of another commercial feed.
(3) If it is not labeled as required in R.S. 3:1394.
(4) If it purports to be or is represented as a commercial feed but has no label filed with the commission or fails to meet any requirement for labeling provided by this Part or any regulation of the commission and purports to contain or is represented as containing a commercial feed ingredient unless such commercial feed or feed ingredient conforms to the requirements of any applicable provision of this Part or of any applicable regulation adopted by the commission.
(5) If any word, statement, or other information required by or under authority of this Part and appearing on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1397. Prohibited acts

RS 3:1397 - Prohibited acts
The following acts and the causing thereof are hereby prohibited:
(1) The manufacture for distribution in this state or distribution of any commercial feed that is adulterated or misbranded.
(2) The adulteration or misbranding of any commercial feed.
(3) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls which are adulterated within the meaning of R.S. 3:1396.
(4) The removal or disposal of a commercial feed in violation of an order issued under R.S. 3:1399.
(5) The failure or refusal to register as a manufacturer in accordance with R.S. 3:1393 or to meet the label requirements of R.S. 3:1394.
(6) Any violation of the provisions of R.S. 3:1401.
(7) The manufacture for distribution or distribution for consumption by ruminants of any commercial feeds containing protein derived from mammalian tissue.
(8) Any violation of any provision of this Part or of any rule or regulation of the commission adopted under the provisions of this Part.
(9) Refusing to allow the inspection of premises or records or the taking of samples by the commission, the commissioner, the department, or their representatives.
(10) Any interference with the commission, the commissioner, the department, or their representatives in the performance of their duties in connection with this Part.
(11) Failure to timely pay any fee, penalty, or costs due under the provisions of this Part or of any rule or regulation of the commission adopted under the provisions of this Part.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1398. Inspection, sampling, and analysis

RS 3:1398 - Inspection, sampling, and analysis
A. For the purpose of enforcement of this Part and in order to determine whether its provisions have been complied with including whether or not an operation may be subject to such provisions, officers or employees duly designated by the commissioner upon presenting appropriate credentials to the owner, operator, employee in charge, are authorized to enter, during normal business hours, any premises within the state in which commercial feeds are manufactured, processed, packed, held for distribution, or sold or to enter any vehicle being used to commercially transport or hold such feeds; and to obtain official samples and to inspect at reasonable times and within reasonable limits and in a reasonable manner such premises or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling thereof. The inspection may include the verification of such records and production and control procedures as may be necessary to determine compliance with the good manufacturing practice regulations for medicated feeds by regulation of the commission. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be notified.
B. If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained an official sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.
C. For the purpose of the enforcement of this Part, the commissioner, or his duly designated agent, is authorized to enter upon any premises, including any vehicle of transport, during regular business hours to have access to and to examine records relating to distribution of commercial feeds.
D. If the owner of any premises or his agent refuses to admit the commissioner or his agent to inspect or sample, the commissioner is authorized to obtain from any state court of competent jurisdiction and venue an appropriate order to submit the premises described in such order to inspection.
E. Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists or in accordance with other generally recognized methods.
F. The results of all analyses of official samples shall be forwarded by the commissioner to the registrant and to the owner of record at the time of sampling. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within ten days following receipt of the analysis, the commissioner shall furnish to the registrant a portion of the official sample analyzed.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1399. Detained commercial feeds; withdrawal from distribution; condemnation and confiscation; stop order

RS 3:1399 - Detained commercial feeds; withdrawal from distribution; condemnation and confiscation; stop order
A. When the commissioner or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this Part or of any of the prescribed regulations of the commission, he may issue and enforce a written or printed stop order warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the commissioner or the court. The commissioner shall release the stop order when the provisions and regulations have been complied with. If compliance is not obtained within thirty days, the commissioner may begin or upon request of the distributor or registrant shall begin proceedings for condemnation.
B. Any lot of commercial feed not in compliance with the provisions of this Part and regulations of the commission shall be subject to seizure upon the petition of the commissioner to the district court of the parish in which the commercial feed is located. In the event the court finds the commercial feed to be in violation of this Part and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state including sale of the feed at public auction or destruction of the feed at the distributor's expense. In no instance shall the disposition of the commercial feed be ordered by the court without first giving the registrant or distributor an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this Part.
C. The commissioner may stop the sale, distribution, or movement of any commercial or customer-formula feed, whole or cracked unmixed grains or seeds, whole hays, straw, chaff, or hulls from grains or seeds, corn stover, or other materials which are sold for the purpose of feeding livestock and which the commissioner or his authorized agent has reasonable cause to believe contains any disease, toxin, hazardous waste, poisonous residues, or other material which poses an immediate threat to the lives or health of livestock in this state. A stop order may be issued by the commissioner without a court order, and the feed or material which is subject to the stop order may be detained for up to five working days. If an amicable agreement as to the disposition of the feed or material cannot be reached in that time, the commissioner shall begin proceedings for condemnation.
Acts 2010, No. 579, §1; Acts 2012, No. 146, §1, eff. May 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1402. Exemptions

RS 3:1402 - Exemptions
The provisions of this Part shall not apply to any commercial feeds that have been manufactured or produced by any person for the purpose of feeding his own livestock or manufactured or registered in accordance with Part VI of this Chapter.
Acts 2010, No. 579, §1; Acts 2021, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1403. Nonresidents

RS 3:1403 - Nonresidents
Every nonresident manufacturer of commercial feed shall at the time of registration and before selling or offering for sale his product in this state designate with the secretary of state an agent for service of process who is a resident of this state.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1404. Evidence

RS 3:1404 - Evidence
In any controversy or prosecution arising under the provisions of this Part, a certificate of the state chemist or other state employee making analyses or inspection, duly sworn to by the state chemist or employee, shall be prima facie evidence of the facts therein certified.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1405. Cooperation with other entities

RS 3:1405 - Cooperation with other entities
The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this Part.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1406. Publication

RS 3:1406 - Publication
The commission may publish, in written or electronic form accessible to the public, an annual report which shall provide information concerning the sales of commercial feeds together with such data as to their production and use as it may consider advisable, a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed in the registration and on the label, and a report as to label and license revocation and the commission's findings with respect to inspections for good manufacturing practices. Penalties administered during the year by the commission shall be included in the report. The information concerning the production and sale of commercial feed shall not disclose the operations of any person.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1411. Definitions

RS 3:1411 - Definitions
In this Subpart, the following definitions shall apply:
(1) "Adulteration" means any of the following situations:
(a) Where a commercial fertilizer contains any material not specifically declared to be a component of the fertilizer.
(b) Where materials which are likely to cause injury or damage to crop plants are present.
(c) Where materials containing nitrogen in a form which is but slightly available to plants are added to make up a part of the nitrogen guarantee.
(d) Where the actual analysis is lower than the guaranteed analysis.
(2) "Brand" means name, trademark, or other designation under which a commercial fertilizer is sold.
(3) "Commissioner" means the commissioner of agriculture and forestry and his duly authorized representatives.
(4) "Fertilizer" means all materials, not otherwise excluded from the definition, sold for the purpose of promoting the growth of plants or exerting beneficial action on the soil. Materials specifically excluded from the definition are: lime; limestone; marl; gypsum; sulphur; unground bones when unmixed with other substances; and manure or excrement from any domestic animal, provided it has not been dried or otherwise treated.
(5) "Guarantor" means a person who manufactures, sells, or offers fertilizer for sale under his name or brand.
(6) "Manufacture" means the mixing, comingling of brands, blending, extracting, compounding, or chemical reaction of a substance or substances.
(7) "Package" means parcel, bag, or other container.
(8) "Premise" means place, warehouse, store, truck, railroad car, boat, etc.
(9) "Registrant" means a person who has been registered by the commission, as required by R.S. 3:1413.
(10) "Sell", "sold", or "for sale" means the act of selling, exposing, or offering for sale, trading, using, or distributing.
(11) "Specialty fertilizer" means any commercial fertilizer distributed in packages containing sixteen fluid ounces or less for liquids or one pound or less for solids and designed primarily for use on household plants grown for noncommercial purposes.
(12) "State chemist" means the director of the Louisiana Agricultural Experiment Station of the Louisiana State University Agricultural Center, or his designee.
Acts 2010, No. 579, §1; Acts 2013, No. 26, §5, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1412. Powers and responsibilities

RS 3:1412 - Powers and responsibilities
A. The commissioner, or his representative, shall have access to any premise where there is reason to believe that fertilizer sold, offered, or exposed for sale is present, or where there is bulk storage of dry or liquid fertilizer, and is empowered to examine any fertilizer found there as to labeling or weight and may open any package and take a sample for analysis. Samples taken are to be placed in a suitable container, properly labeled for identification, and submitted to the state chemist for analysis. No cause of action against a guarantor shall result from an analysis of a sample drawn from less than five percent of the original packages at the place of sampling where the lot sampled contains less than one thousand packages. Where the lot sampled contained one thousand or more packages, the sample shall be drawn from fifty packages in that lot. If there are less than ten packages in the lot, each package in the lot must be sampled; however, single samples may be taken from liquid fertilizers or those fertilizers sold in small packages. In case of question as to the accuracy of the analysis, and on written request from the guarantor made within ten days after receipt of the analytical report, another sample may be drawn and submitted to a chemist, agreeable to the commissioner, for analysis. The cost of such analysis is to be borne by the guarantor.
B. The commission may publish, in written or electronic form accessible to the public, at least annually a report of all analyses of official samples made by the state chemist and any information resulting from analysis or inspection of fertilizers which the commission feels to be necessary in the public interest.
C. If a violation of any of the provisions of this Subpart occurs, the commissioner may issue a stop order preventing further sale, movement, or disturbance of any lot of fertilizer involved until settlement of all actions against the guarantor are made. On settlement of an action, the commissioner may take the following measures according to the nature of his findings:
(1) Release the fertilizer for sale.
(2) Require the guarantor to take up the fertilizer and reimburse the purchaser.
(3) Sell the fertilizer at public auction.
(4) Destroy the fertilizer.
D. The commissioner, or his representative, shall have access to and the authority to inspect any records relating to the storage and distribution of fertilizer.
E. The commission, by regulation, may set design standards for the construction of fertilizer containment facilities in any area where bulk fertilizer, dry or liquid, is stored and to inspect such facilities for compliance with such standards. The purpose of the containment facilities shall be to protect the environment from pollution due to spillage, seepage, or run-off of fertilizer from bulk storage sites.
Acts 2010, No. 579, §1; Acts 2012, No. 146, §1, eff. May 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1414. Mixtures of graded, registered fertilizers; registration not required; sale prohibited

RS 3:1414 - Mixtures of graded, registered fertilizers; registration not required; sale prohibited
A. Notwithstanding any other law to the contrary, it shall be lawful for any farmer in this state to mix or cause to be mixed on his farm various grades of fertilizers without having to register the resulting mixture provided that he comply with the following conditions and restrictions:
(1) That he own all the component fertilizers that are to comprise the mixture.
(2) That all of the component fertilizers used in the mixture are registered in accordance with the provisions of this Subpart.
(3) That he use the mixture only for farming purposes on land which he farms.
B. It shall be unlawful for anyone to sell such mixture described in Subsection A of this Section, unless he first complies with the restrictions and conditions set forth in R.S. 3:1413.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1415. Deficiency assessment

RS 3:1415 - Deficiency assessment
A. Whenever the commissioner determines, based on an analysis performed by the state chemist, that a given lot or shipment of fertilizer is deficient in one or more guaranteed plant foods, a deficiency assessment shall be assessed against the guarantor in accordance with the following provisions:
(1) Total nitrogen (N): a deficiency assessment of four times the value of the deficiency if such deficiency is in excess of 0.4 of one percent on goods that are guaranteed to contain eight percent or less of total nitrogen; 0.5 of one percent on goods that are guaranteed to contain more than eight percent and less than twenty-one percent; and 0.8 of one percent on goods guaranteed twenty-one percent or more.
(2) Available phosphoric acid (P2O5): a deficiency assessment four times the value of the deficiency if the deficiency is more than 0.4 of one percent on goods that are guaranteed to contain ten percent or less of available phosphoric acid; 0.5 of one percent on goods that are to contain more than ten percent and less than twenty-six percent; and 0.8 of one percent on goods that are guaranteed more than twenty-six percent.
(3) Soluble potash (K2O): a deficiency assessment of four times the value of the deficiency if such deficiency is in excess of 0.5 of one percent on goods that are guaranteed to contain eight percent or less; 0.6 of one percent on goods that are guaranteed to contain more than eight percent and less than twenty-one percent, and 1.00 percent on goods guaranteed over twenty-one percent.
(4) If a fertilizer is deficient in one ingredient, overages in either or both of the other ingredients, in dollar value, may be applied to offset the deficiency, provided that a deficiency may not be cured if the deficiency in any one ingredient is more than twice the present tolerance. A fertilizer deficient in two of the three ingredients may not be cured by overages in the third ingredient.
(5) Other materials of value as fertilizer: the commission may adopt rules and regulations establishing the amount of deficiency in other guaranteed plant foods and a deficiency assessment four times the value of the deficiency.
(6) The minimum deficiency assessment under this Part shall be ten dollars.
(7) All deficiency assessments assessed under this Section shall be paid by the guarantor to the person who purchased the fertilizer for use, if known, within thirty days of notice by the commissioner to the registrant. If the purchaser-user of the fertilizer cannot be identified, the penalty shall be paid to the commission.
B. An appeal from a deficiency assessment shall be heard and decided in the same manner as provided for in R.S. 3:1418.
Acts 2010, No. 579, §1; Acts 2012, No. 15, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1416. Cancellation of registration; causes for

RS 3:1416 - Cancellation of registration; causes for
Repeated failure of a registrant to meet the guaranteed weight or analysis of a fertilizer, or to fail to make payment of the inspection fee, or to fail to pay penalties assessed shall be considered just cause for cancellation of a manufacturer registration.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1417. Violations

RS 3:1417 - Violations
A. Failure to comply with the provisions of this Subpart or with the rules and regulations adopted pursuant to this Subpart constitutes a violation, including but not limited to:
(1) Interfering with the commissioner, the state chemist, or their representatives in the performance of their duties in carrying out the provisions of this Subpart.
(2) Falsifying a tonnage report or otherwise avoiding payment of the inspection fee.
(3) Making, on bags or packages or in any printed or advertising matter issued or circulated, any false or misleading statement concerning the value of a fertilizer.
(4) Adulterating any lot or shipment of fertilizer sold in this state.
(5) Failing to register with the commission as required.
(6) Failing to properly label fertilizer sold in this state or to provide labels for fertilizer.
(7) Failing to timely pay the fees, penalties, and other costs imposed.
(8) Failing to timely file the reports required by this Subpart or to fully report the information required by such reports.
(9) Altering, forging, counterfeiting, or using without authority any registration or other document provided for in this Subpart or in the rules or regulations adopted pursuant to the provisions of this Subpart.
B. Each violation shall be considered a separate offense, and each day on which a violation occurs or continues to occur shall be considered a separate offense.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1418. Adjudicatory proceedings

RS 3:1418 - Adjudicatory proceedings
A. Findings of violations and imposition of penalties may be made only by a ruling of the commission based upon an adjudicatory proceeding held in accordance with the provisions of the Administrative Procedure Act and this Section.
B. Whenever the commissioner has any reason to believe that a violation of this Subpart or of any rules and regulations adopted pursuant to this Subpart has occurred, the commissioner may present the alleged violations to the commission for a determination.
C. A hearing officer shall be appointed by the office of the attorney general to preside over the hearing.
D. Notice of the alleged violation, the date of the adjudicatory hearing, and the conduct of discovery shall be as provided in the Administrative Procedure Act.
E. The ruling of the commission shall be in writing and provided to the person charged with the violation, as provided by the Administrative Procedure Act.
F. Any appeal from a ruling of the commission shall be in accordance with the Administrative Procedure Act.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1419. Penalty; fines

RS 3:1419 - Penalty; fines
A. Whoever is found by the commission to have violated a provision of this Subpart or any rules or regulations adopted pursuant to this Subpart shall be fined not more than five hundred dollars per violation.
B. The commission may assess the cost of the adjudicatory proceeding and shall, by rule and regulation, determine the amount of costs to be assessed, which may include the cost of inspections, investigations, and laboratory analysis.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1420. Enforcement

RS 3:1420 - Enforcement
A. The commissioner may seek to collect any fee, penalty, or cost that may be due under this Subpart or the rules and regulations adopted pursuant to this Subpart.
B. The commissioner may institute civil proceedings in any court of proper jurisdiction and venue in order to:
(1) Enforce the rulings of the commission; or
(2) Collect any fee, penalty, or cost due under the provisions of this Subpart or the rules and regulations adopted pursuant to this Subpart; or
(3) Seek injunctive relief to restrain and prevent violations of the provisions of this Subpart or of the rules and regulations adopted pursuant to this Subpart.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1422. Application of Subpart

RS 3:1422 - Application of Subpart
None of the provisions of this Subpart apply to materials that are to be used in the manufacture of mixed fertilizer nor to fertilizers processed or manufactured in this state intended for sale or distribution in other states nor to fertilizers being transported through this state and destined for use in other states.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.1. Short title

RS 3:1430.1 - Short title
This Subpart may be cited as the Louisiana Agricultural Liming Materials Law.
Acts 2010, No. 579, §1; Acts 2013, No. 26, §5, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.2. Definitions

RS 3:1430.2 - Definitions
As used in this Subpart, the following terms shall have the following meanings ascribed to them:
(1) "Agricultural liming materials" or "materials" means solid or liquid materials which contain calcium or magnesium and which are sold, offered for sale, or distributed for use in neutralizing acidity in agricultural soils.
(2) "Aragonite" means a soft calcite obtained from ocean deposits.
(3) "Brand" means any name, trademark, or other designation under which an agricultural liming material is sold.
(4) "Bulk" means in nonpackaged form.
(5) "Burnt lime" means a material made from limestone which consists primarily of calcium oxide or a combination of calcium and magnesium oxides.
(6) "Calcite liming material" means a material composed primarily of calcium carbonate.
(7) "Cement kiln dust" means waste dust produced in the manufacturing of cement.
(8) "Chalk" means a soft, friable, loosely consolidated material composed primarily of calcium carbonate.
(9) "Consumer" means any person who purchases agricultural liming materials for use on fields owned or leased by that person.
(10) "Distributor" means a person who sells, offers for sale, or distributes agricultural liming materials in this state on the wholesale level.
(11) "Dolomitic liming material" means a material composed of calcium and magnesium carbonates.
(12) "Ground shells" means a material obtained by grinding the shells of mollusks.
(13) "Hydrated lime" means a material made from burnt lime which consists primarily of calcium hydroxide and which may contain magnesium oxide or magnesium hydroxide, or both.
(14) "Jobber" means a person who buys or sells agricultural liming materials in this state for another person and who is paid commissions for his services.
(15) "Label" means any written or printed matter on or attached to a package of materials or an invoice for a shipment of bulk materials.
(16) "Lot" means the quantity of materials from which a sample has been taken and which the sample represents.
(17) "Manufacturer" means a person who produces agricultural liming materials which are sold, offered for sale, or distributed in this state.
(18) "Marl" means a granular or loosely consolidated earthy material composed primarily of seashell fragments and calcium carbonate.
(19) "Person" means any individual, partnership, corporation, association, or other legal entity.
(20) "Registrant" means a manufacturer who registers an agricultural liming material.
(21) "Retailer" means a person who sells agricultural liming materials to consumers in this state.
(22) "Ton" means two thousand pounds avoirdupois.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.3. Applicability

RS 3:1430.3 - Applicability
A. The provisions of this Subpart shall apply only to materials which are sold, offered for sale, or distributed in this state for the purpose of decreasing the acidity of soils used for agricultural production.
B. Substances which are sold, offered for sale, or distributed in this state for use in the construction or building industries are specifically exempt from the provisions of this Subpart.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.4. Administration

RS 3:1430.4 - Administration
A. The commission shall administer and enforce the provisions of this Subpart.
B. The commissioner shall employ such personnel as are necessary to implement the provisions of this Subpart.
C. The commission may adopt such rules and regulations as are necessary to implement the provisions of this Subpart. All rules and regulations adopted under the provisions of this Subpart shall be adopted in accordance with the provisions of the Administrative Procedure Act.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.5. Registration

RS 3:1430.5 - Registration
A. No agricultural liming material shall be sold, offered for sale, or distributed in this state unless the material is registered with the commission.
B. Each manufacturer of an agricultural liming material sold, offered for sale, or distributed in this state shall be responsible for registering the material.
C. Each brand under which agricultural liming materials are sold, offered for sale, or distributed in this state shall be registered separately.
D. Applications for registration shall be submitted to the commission on or before the first day of April each year. Each application shall be accompanied by the appropriate fee, a copy of the label for the material, and such other information as the commission by rule may require.
E. If the application is approved, the registration shall be issued on or before the first day of July of the year in which the application was received. Each registration shall be valid for one year beginning on the first day of July of the year in which the registration was issued and ending on the last day of June of the following year.
Acts 2010, No. 579, §1; Acts 2012, No. 146, §1, eff. May 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.6. Labeling

RS 3:1430.6 - Labeling
Each package of agricultural liming materials sold, offered for sale, or distributed in this state shall contain a conspicuous and legible label attached to the package. If the materials are sold in bulk form, a copy of the label shall be attached to the invoice which is delivered to the person purchasing the materials. The label shall contain the following information:
(1) The name and the address of the principal office of the manufacturer.
(2) The brand name of the material.
(3) The type of the material.
(4) If the material is dolomitic limestone, the content of elemental magnesium.
(5) If the material is ground shells, the name of the mollusk from which the shells were obtained.
(6) The net weight of the material in the package.
(7) Such other information as the commission by rule may require.
Acts 2010, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 3 - Agriculture and Forestry › §3:1430.7. Reports; records

RS 3:1430.7 - Reports; records
A. Each manufacturer shall submit quarterly reports to the commissioner. The quarters shall end on the last day of September, December, March and June. Reports shall be on forms supplied by the commissioner and shall be submitted on or before the thirtieth day after the last day of each quarter. Each report shall contain the following information:
(1) The name and the principal address of the manufacturer.
(2) The amount of each brand and type of material sold in this state.
(3) The name and the principal address of the person to whom the material was sold or delivered.
(4) Such other information as the commission by rule may require.
B. Each distributor, jobber, and retailer who sells, offers for sale, or distributes agricultural liming materials in this state shall keep adequate records to reflect the disposition of all materials in his possession. The records shall be kept for two years. The records required by this Subsection shall be kept in a form acceptable to the commissioner and shall be made available to the commissioner upon request. The records shall contain the following information:
(1) The name and the principal address of each person from whom the distributor, jobber, or retailer purchases or obtains materials.
(2) The name and the principal address of each person to whom the distributor, jobber, or retailer sells or delivers materials.
(3) The amount and type of materials involved in each transaction.
(4) Such other information as the commission by rule may require.
C. All reports and records required by this Section shall be confidential and shall be exempt from the Public Records Law.
Acts 2010, No. 579, §1; Acts 2012, No. 146, §1, eff. May 14, 2012.