reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:8. Use of inspection; misuse; penalty

RS 51:8 - Use of inspection; misuse; penalty
Any authority making the inspection provided for in R.S. 51:7 who discovers evidence of violation of law shall place such evidence before the grand jury of the parish in which the offense appears to have been committed.
Whoever uses the information obtained by such inspection for any purpose other than to serve the purposes of justice shall be imprisoned not less than thirty nor more than one hundred and twenty days.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:9. Price fixing; excessive commissions; fraud; penalty

RS 51:9 - Price fixing; excessive commissions; fraud; penalty
No person engaged in selling on commission agricultural, horticultural, or other products of the farm, forest, lake, gulf, ocean, or stream, shall enter into any combination, compact, agreement, or understanding to keep the market on such products below their proper limit indicated by supply and demand or charge excessive commission rates, or in any form, method, or manner, cheat, defraud or swindle the consignor of a lot or shipment of such products.
Whoever violates this Section shall be imprisoned not less than six nor more than twelve months.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:31. Definitions

RS 51:31 - Definitions
As used in this Part:
(1) A "fire", "bankruptcy", or "fiduciary" sale includes an insurance, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal or closing out sale, or a sale of damaged goods.
(2) "Goods" includes goods, wares, and merchandise.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:32. Exemptions

RS 51:32 - Exemptions
The provisions of this Part shall not apply to sheriffs, constables, or other public or court officers, or to persons acting under the license, direction, or authority of any court, state or federal, selling goods in the course of their official duties.
Acts 1986, No. 806, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:33. License required

RS 51:33 - License required
Every person who advertises, represents, or holds out that any sale of goods is a fire, bankruptcy, or fiduciary sale shall first obtain a license to conduct the sale from the mayor of the municipality in which he proposes to conduct the sale. For sales conducted in unincorporated areas, the person shall obtain a license from the governing authority of the parish of location.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:34. Application for license; supplemental license

RS 51:34 - Application for license; supplemental license
A. Every person who desires a license under R.S. 51:33 shall make an application to the mayor or to the governing authority of the parish of location, in writing and under oath, showing all the facts in regard to the insurance, bankruptcy, mortgage, insolvency, assignment, administration, receivership, trusteeship, or removal by reason of which the sale is to be conducted, or in regard to the closing out of his stock of goods or any particular line or part, with a statement as to the reason for the closing out, or in regard to the damage to the goods, and in regard to the sale which he proposes to conduct, the place and manner of conducting it, including an inventory of the goods to be sold, a statement, as far as possible, of the names of the persons from whom the goods were obtained, the date of the delivery of the goods to the person applying for the license, the place from which the goods were last taken, and all detail necessary to identify fully the goods to be sold. The application shall also specify whether the applicant proposes to advertise or conduct the sale as a fire, bankruptcy, or fiduciary sale with a statement of the fiduciary relationship.
B. The application shall specify the proposed period of time over which the sale is to continue, which period shall not exceed three months. If it appears upon a sworn application to the mayor, or to the governing authority of the parish of location, at any time during the three-month period, that all of the goods, described and inventoried in the original application, have not been sold, and if the application is accompanied by an inventory of what remains, a supplemental license, granting authority to continue the sale for a further period of three months, shall be issued by the mayor or the governing authority of the parish of location upon the same terms and conditions as the original license.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:35. Issuance of license; fee

RS 51:35 - Issuance of license; fee
If the mayor or the governing authority of the parish of location is satisfied from the application required by R.S. 51:34 that the proposed sale is of the character which the applicant desires to conduct and advertise, he shall issue a license, upon the payment of the fee of twenty-five dollars, to the person applying, authorizing him to advertise and conduct a sale of the particular kind mentioned in the application according to the requirements of this Part.
Acts 1986, No. 806, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:36. License; record of application; abstract

RS 51:36 - License; record of application; abstract
The mayor or the governing authority of the parish of location to whom application is made, as provided for in R.S. 51:34, shall endorse upon the application the date of its filing, preserve it as a record of his office, make an abstract of the facts set forth in the application in a book, properly indexed and kept for that purpose, which abstract shall contain the name of the person asking for a license, the nature of the proposed sale, the place where the sale is to be conducted, its duration, the inventory value of the goods to be sold, and a general statement as to where the goods came from, and make in the book a notation as to the issuance or refusal of the license applied for, together with the date of issuance or refusal and endorse on the application the date that the license, as applied for, is granted or refused. The application and abstract shall be prima facie evidence of all statements contained therein.
Acts 1986, No. 806, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:37. License; removal of goods

RS 51:37 - License; removal of goods
The license required by R.S. 51:33 shall be valid only for a sale of the goods inventoried and described in the application for the license, in the manner and at the time and place mentioned and set forth in the application. Any removal of the goods so inventoried and described in the application from the place of sale mentioned in the application, shall cause the goods to lose their identity as an insurance, bankrupt, mortgaged, insolvent's, assignee's, executor's, administrator's, receiver's, or trustee's stock of goods, or a damaged stock of goods, and thereafter no license shall be issued for the conducting of a sale of any goods so removed from the place set forth and described in the application, under the provisions of this Part at any other place.
Acts 1986, No. 806, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:38. Purchase of additional goods for resale

RS 51:38 - Purchase of additional goods for resale
No person intending to conduct a fire, bankruptcy, or fiduciary sale under the license required by R.S. 51:33 shall order any goods for the purpose of selling and disposing of the same at the sale, and any unusual purchase and additions to the stock of goods within sixty days prior to the filing of the application for license to conduct the sale mentioned in R.S. 51:34 shall be presumptive evidence that the purchases and additions to stock were made in contemplation of the sale and for the purpose of selling the purchases and additions at the sale.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:39. Additional goods not to be added during the sale

RS 51:39 - Additional goods not to be added during the sale
A. No person carrying on or conducting a fire, bankruptcy, or fiduciary sale under the license required by R.S. 51:33 shall, during the continuance of the sale, add any goods to the stock of goods described and inventoried in his original application, and no goods shall be sold at or during the sale, except the goods described and inventoried in such original application.
B. Each and every addition of goods to the stock of goods described and inventoried in the application, and each sale of the goods not inventoried and described in the application shall constitute a separate offense under this Part.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:40. False advertising; penalty

RS 51:40 - False advertising; penalty
A. No person shall advertise, represent, or hold out any sale of goods to be a fire, bankruptcy, or fiduciary sale without having complied with the provisions of this Part.
B. Whoever violates this Section shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned for not less than thirty days nor more than six months, or both.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:41. Violations; penalty

RS 51:41 - Violations; penalty
A. No person shall hold, conduct, or carry on any sale of goods as a fire, bankruptcy, or fiduciary sale contrary to the provisions of this Part.
B. Whoever violates any of the provisions of this Part except as provided in R.S. 51:40 shall be fined not less than two hundred and fifty dollars nor more than one thousand dollars, or imprisoned for not less than three months nor more than six months, or both.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:42. Definitions

RS 51:42 - Definitions
For purposes of this Part, the following terms shall have the meanings specified in this Section:
(1) "Going-out-of-business sale" means any sale advertised, represented, or held forth as a sale to dispose of all goods as a means of ceasing to do business or changing business location. The term shall include a sale held under the designation of "going-out-of-business", "selling out", "liquidation", "lost our lease", "forced to vacate", "moving to a new location", "closing out sale", "store closing sale", or any other designation of like meaning. However, the term shall not include an end-of-the-season sale or a going-out-of-business sale limited to sale of a particular brand or line of goods.
(2) "Goods" means goods, wares, or merchandise.
(3) "Person" means an individual, partnership, voluntary association, or corporation.
(4) "Promoter" means a person who performs or offers to perform any service to facilitate or assist in a going-out-of-business sale, including but not limited to advertising and sales.
Acts 1995, No. 669, §1; Acts 2018, No. 374, §1, eff. July 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:43. Applicability

RS 51:43 - Applicability
The provisions of this Part shall not apply to or otherwise affect the following:
(1) A sale conducted pursuant to an order or process of a court of competent jurisdiction.
(2) A sale conducted by a sheriff, constable, a public or court officer, or other person who sells goods in the course of his official duties while acting under the license, direction, or authority of a state or federal court.
Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:44. Licensure required

RS 51:44 - Licensure required
A. No person shall advertise, offer for sale, or sell a stock of goods at a going-out-of-business sale without a license issued pursuant to this Part for the conduct of such sale. A separate license shall be required for each location at which such a sale is to be conducted.
B. No person shall act as a promoter for a going-out-of-business sale without having registered pursuant to this Part.
Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:45. Administration

RS 51:45 - Administration
A. The consumer protection section of the Department of Justice shall administer the provisions of this Part and shall have the authority to promulgate and adopt, pursuant to the Administrative Procedure Act, such rules and regulations as may be necessary for such administration.
B. All documents submitted to the consumer protection section pursuant to this Part shall be subject to the Public Records Act.
Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:46. Registration of promoters

RS 51:46 - Registration of promoters
A. Any person desiring to act as a promoter for a going-out-of-business sale shall apply to the consumer protection section for registration as a promoter. Application for such registration shall be in writing, under oath, in the form prescribed by the consumer protection section and shall contain such information as that section requires.
B. Each application shall be accompanied by such documentation as required by the consumer protection section, including a copy of a written agreement between the promoter and the person licensed to conduct the going-out-of-business sale. The agreement shall contain the date that it was entered into by the parties, all terms agreed to by the parties, and the name and address of the promoter, and shall be signed by both parties.
C. Upon receipt of the application and documentation required and payment of a registration fee of one hundred dollars, the consumer protection section shall register the applicant as a promoter. Each registration shall be valid for one year from the date of issuance and may be annually renewed upon application and payment of a renewal fee of one hundred dollars.
Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:47. Application for going-out-of-business sale license; deposit; fee

RS 51:47 - Application for going-out-of-business sale license; deposit; fee
A. Each person desiring to conduct a going-out-of-business sale shall make application to the consumer protection section at least five days prior to the opening date of such sale. Application for such licensure shall be in writing, under oath, in the form prescribed by the consumer protection section, and shall contain all information pertaining to the reasons and character of the sale, including the following:
(1) The opening and termination dates of the sale.
(2) A complete inventory of the goods actually on hand in the place where such sale is to be conducted, including all details necessary to locate exactly and identify fully the goods to be sold.
(3) The names and residences of owners or partners in whose interest the sale is to be conducted.
B. Any applicant who uses the services of a promoter for a going-out-of-business sale shall include a signed and dated copy of his agreement with the promoter as part of his application.
C. The consumer protection section may request that an applicant submit such other information as deemed necessary by that section.
D. Each application shall be accompanied by a deposit of either five hundred dollars or a dollar amount equal to one percent of the wholesale cost of the inventory specified in Paragraph (2) of Subsection A of this Section, whichever amount is greater. However, no such deposit shall exceed five thousand dollars.
E. Each application shall be accompanied by a license fee of one hundred dollars.
Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:48. Issuance of license; term

RS 51:48 - Issuance of license; term
A. Upon application and payment of the deposit and license fee specified in R.S. 51:47, the consumer protection section shall issue a going-out-of-business sale license to an applicant. Such license shall authorize the licensee to advertise and conduct the going-out-of-business sale specified in the application. Such license shall expire ninety days from its date of issuance or on the termination date specified in the application for such license, whichever date occurs first.
B. The licensee shall make all documentation concerning the goods to be included in such going-out-of-business sale available for inspection by representatives of the consumer protection section. Such documentation shall include but not be limited to purchase orders and delivery statements.
C. Each licensee shall include the number of its license to conduct a going-out-of-business sale and the expiration date of that license in any advertisement for such sale. Each licensee shall also post such license in a conspicuous location at each point of sale.
D. Each licensee shall file a monthly report with the consumer protection section, commencing one month from the opening date of the sale, on a form required by such section. Such report shall enumerate all goods sold, transferred, or otherwise disposed of by the licensee or his agents, servants, or employees during that month pursuant to the going-out-of-business sale.
Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:49. Restrictions and prohibitions

RS 51:49 - Restrictions and prohibitions
A. No person shall, in contemplation of conducting a going-out-of-business sale, order any goods for the purpose of selling or disposing of such goods at such sale. Any unusual purchases or additions to the stock of goods within sixty days prior to the filing of an application for a license to conduct a going-out-of-business sale shall be presumptive evidence that such purchases or additions to stock were made in contemplation of such sale.
B.(1) No goods other than those listed in the inventory specified in a license application for a going-out-of-business sale shall be included in a going-out-of-business sale.
(2) No going-out-of-business sale shall continue beyond the expiration date of the license to conduct such sale. However, the consumer protection section may authorize a licensee to extend a sale past the expiration date of the license upon proper showing of need. In order to qualify for such an extension, a licensee shall, at a minimum, submit a revised inventory to the consumer protection section. Such inventory shall list only those goods which were included in the inventory specified in the license application for that going-out-of-business sale and which remain unsold. Such listing shall not include any goods not so included.
C. No person shall, upon conclusion of a going-out-of-business sale, continue that business which has been represented as terminal under the same or a different name at the same location.
Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:50. Expiration and return of licensure; lost licenses

RS 51:50 - Expiration and return of licensure; lost licenses
A. Upon its expiration, voluntary surrender prior to expiration, or lapse of extension granted pursuant to R.S. 51:49(B)(2), each license issued pursuant to this Part shall be returned to the consumer protection section. Such section shall cancel the license, endorse the date of delivery and cancellation on the license, and place the cancelled license on file.
B. If a license issued pursuant to this Part has been lost or destroyed, a licensee shall file an affidavit with the consumer protection section. Such affidavit shall describe the license with sufficient particularity to identify the license and licensee and shall specify such loss or destruction. The consumer protection section, upon proof of such loss or destruction, may accept such affidavit in lieu of the return of a license required by Subsection A of this Section.
Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:51. Holding of deposit

RS 51:51 - Holding of deposit
A. The deposit made by an applicant for licensure pursuant to R.S. 51:47(D) shall be held by the consumer protection section for a period of sixty days from the date of delivery of a returned license or from the date of acceptance of an affidavit in lieu of return. B. While in the hands of the consumer protection section, such deposit shall be subject to attachment or execution in behalf of creditors or consumers whose claim may arise in connection with business done pursuant to the license for which such deposit was made. The consumer protection section may also be held to answer as garnishee under process of foreign attachment in any civil action brought against the licensee. However, no such payment may be made or garnished from the deposit of a licensee until the expiration of the sixty-day period specified in Subsection A of this Section.
C. While in the hands of the consumer protection section, such deposit shall also be subject to the payment of any fine or penalty imposed on the licensee for violation of any provision of this Part. However, such payment shall be made only if the clerk of the court imposing such fine or penalty notifies the section of the name of the licensee and the amount of the fine or penalty during the period in which the deposit is in the hands of the consumer protection section.
D. After satisfying all claims made upon a licensee's deposit, the consumer protection section shall return the deposit, or such portion of the deposit as remains in its hands to the licensee or as directed by the licensee.
E. Upon the failure of the licensee to return the license or an affidavit in lieu of such return within three hundred sixty-five calendar days from the expiration of the license, the deposit shall revert to the Unclaimed Property Division of the Department of the Treasury in the name of the licensee and the consumer protection section of the Department of Justice.
F. While in the hands of the Unclaimed Property Division of the Department of the Treasury, the deposit shall be subject to the provisions of Subsections A through D of this Section. The deposit shall be released by the Department of Treasury to the licensee only upon verification by the Department of Justice that the licensee has complied with R.S. 51:50 and Subsection A of this Section.
G. Any deposit remaining in the consumer protection section which was received more than three hundred sixty-five calendar days prior to July 1, 2018, shall revert to the unclaimed property division of the Department of the Treasury in the name of the licensee and the consumer protection section. The provisions of Subsections E and F of this Section shall apply to such deposit.
Acts 1995, No. 669, §1; Acts 2018, No. 374, §1, eff. July 1, 2018; Acts 2019, No. 439, §2, eff. July 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:52. Violations; penalties; unfair trade practice

RS 51:52 - Violations; penalties; unfair trade practice
A. The consumer protection section may impose a civil penalty of not more than twenty-five hundred dollars for each offense on any person who violates R.S. 51:44 or any other provision of this Part. Each day for which the violation occurs shall be deemed a separate offense.
B. Any person who violates R.S. 51:44 or any other provision of this Part shall be fined not more than two thousand five hundred dollars, or imprisoned for not more than ninety days, or both.
C. Violation of any provision of this Part shall constitute an unfair or deceptive act or practice for purposes of the Unfair Trade and Consumer Protection Law, R.S. 51:1405 et seq.
D. No criminal or civil penalty prescribed in this Part shall apply to any act of a publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station in publishing or otherwise disseminating any advertisement unless such person has actual knowledge of the false, misleading, or deceptive character of the advertisement.
Acts 1995, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:53. False advertising; penalty

RS 51:53 - False advertising; penalty
A. Any person who advertises, represents, or holds out any sale of goods to be a going-out-of-business sale, and applies for an initial license, or an initial license and a supplemental license, pursuant to this Part, shall be deemed guilty of false advertising if the person continues to operate his business after the expiration date of the going-out-of-business sale license held.
B. Whoever violates this Section shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned for not less than thirty days nor more than six months, or both.
Acts 1995, No. 470, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:61. Definitions

RS 51:61 - Definitions
Whenever used in this Part, "board" refers to the New Orleans Aviation Board, the Board of Commissioners of the Lake Charles Harbor and Terminal District, the South Louisiana Port Commission, the South Tangipahoa Parish Port Commission, the Greater Baton Rouge Port Commission, the Caddo-Bossier Port Commission, the Vidalia Port Commission, the Board of Commissioners of the England Economic and Industrial Development District, the Board of Commissioners of the Port of New Orleans, the Plaquemines Port, Harbor and Terminal District, the Board of Commissioners of the Port of Iberia, and in addition, any port commission or port, harbor, and terminal district, the New Orleans Regional Business Park, and any airport with an industrial park or property designated for industrial development.
Amended by Acts 1964, No. 24, §1; Acts 1966, No. 473, §1; Acts 1970, No. 642, §1; Acts 1972, No. 39, §1; Acts 1981, No. 321, §1; Acts 1985, No. 470, §1; Acts 1986, No. 453, §1; Acts 2003, No. 416, §1; Acts 2010, No. 747, §1; Acts 2020, 2nd Ex. Sess., No. 29, §1, eff. Oct. 28, 2020; Acts 2022, No. 174, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:62. Boards authorized to make application for a foreign-trade zone

RS 51:62 - Boards authorized to make application for a foreign-trade zone
The board may make application to the Secretary of Commerce of the United States for the purpose of establishing, operating, and maintaining foreign-trade zones under 48 Stat. 998 (1934),1 providing for the establishment, operation and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes.
Amended by Acts 1966, No. 473, §1.
119 U.S.C.A. §81a et seq.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:63. Location of zone; rules and regulations

RS 51:63 - Location of zone; rules and regulations
The board may select and describe the location of the zone for which application is made, and make such rules and regulations concerning the operation, maintenance, and policing of the zone as may be necessary to comply with the Act of Congress creating foreign trade zones, or as may be necessary to comply with the rules and regulations, made in accordance with the Acts of Congress,1 relating to foreign-trade zones.
Amended by Acts 1966, No. 473, §1.
119 U.S.C.A. §81a et seq.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:64. Buildings or enclosures

RS 51:64 - Buildings or enclosures
The board may lease the right to do so or may erect, maintain, and operate any structures, buildings, or enclosures as may be necessary or proper for establishing and operating any foreign trade zones or subzones that may be established in the New Orleans International Airport, the South Louisiana Port Commission, the Lake Charles Harbor and Terminal District, the South Tangipahoa Parish Port Commission, the Greater Baton Rouge Port Commission, the Caddo-Bossier Port Commission, the Vidalia Port Commission, the England Economic and Industrial Development District, the Port of New Orleans, the Plaquemines Port, Harbor and Terminal District, the Board of Commissioners of the Port of Iberia, or any port commission or port, harbor, and terminal district, the New Orleans Regional Business Park, and any airport commission with an industrial park or property designated for industrial development under and by virtue of 19 U.S.C. 81a et seq.
Amended by Acts 1966, No. 473, §1; Acts 1981, No. 321, §1; Acts 1985, No. 470, §1; Acts 1986, No. 453, §1; Acts 2003, No. 416, §1; Acts 2010, No. 747, §1; Acts 2020, 2nd Ex. Sess., No. 29, §1, eff. Oct. 28, 2020; Acts 2022, No. 174, §1; Acts 2022, No. 174, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:65. Extent of authority of commissioners

RS 51:65 - Extent of authority of commissioners
The authority granted in this Part to the board confers on the board the right to do all things necessary and proper to carry into effect the establishing, maintaining, and operating of foreign trade zones in the New Orleans International Airport, the South Louisiana Port Commission, the Lake Charles Harbor and Terminal District, the Port of New Orleans, the South Tangipahoa Parish Port Commission, the Caddo-Bossier Port Commission, the Vidalia Port Commission, the England Economic and Industrial Development District, the Greater Baton Rouge Port Commission, the Plaquemines Port, Harbor and Terminal District, the Board of Commissioners of the Port of Iberia, or any port commission or port, harbor, and terminal district, the New Orleans Regional Business Park, and any airport with an industrial park or property designated for industrial development, and to comply fully with the provisions of 19 U.S.C. 81a et seq. and all regulations that may be made under it. Further, a board that does not have federally authorized foreign trade zone status may enter into agreement with another board that has federally granted foreign trade zone authority to establish, maintain, or operate a subzone or subzones within the jurisdiction of the board, provided that the agreement shall not limit or affect the powers and authority of either board.
Amended by Acts 1966, No. 473, §1; Acts 1981, No. 321, §1; Acts 1985, No. 470, §1; Acts 1986, No. 453, §1; Acts 2003, No. 416, §1; Acts 2010, No. 747, §1; Acts 2020, 2nd Ex. Sess., No. 29, §1, eff. Oct. 28, 2020; Acts 2022, No. 174, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:66. Port of New Orleans; limitation in use of buildings or enclosures

RS 51:66 - Port of New Orleans; limitation in use of buildings or enclosures
No structure, building, or enclosure belonging to, or leased, maintained, or operated by the Board of Commissioners of the Port of New Orleans or others in the foreign trade zone in the Port of New Orleans shall be used for the storing of domestic merchandise or commodities, unless these domestic merchandise or commodities are to be mixed or commingled with merchandise or commodities which are either imported into this country or exported to a foreign country.
However, nothing in this Section shall prohibit domestic merchandise or commodities from being admitted to such foreign trade zone for the purpose of being repacked, sorted, graded, cleaned, scoured, or otherwise processed.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:122. Contracts, combinations and conspiracies in restraint of trade illegal; penalty

RS 51:122 - Contracts, combinations and conspiracies in restraint of trade illegal; penalty
A. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce in this state is illegal.
B. Whoever violates this Section shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, not more than three years, or both.
C. For purposes of this Title, a parent corporation, limited liability company, partnership, or partnership-in-commendam is not capable of conspiring with any subsidiary that it controls, and each such controlled subsidiary is not capable of conspiring with any other wholly owned subsidiary controlled by the same common parent.
D. For the purposes of this Part only, an officer or employee of a legal entity is not capable of conspiring with the legal entity or with another officer or employee of the legal entity when they are acting on behalf of the entity.
Acts 2003, No. 888, §1; Acts 2012, No. 782, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:123. Monopolizing trade or commerce prohibited; penalty

RS 51:123 - Monopolizing trade or commerce prohibited; penalty
No person shall monopolize, or attempt to monopolize, or combine, or conspire with any other person to monopolize any part of the trade or commerce within this state.
Whoever violates this Section shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, not more than three years, or both.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:124. Competitor, agreements discriminating against; manuals

RS 51:124 - Competitor, agreements discriminating against; manuals
A. No person, engaged in commerce shall, in the course of such commerce, lease, sell, or contract for the sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within this state, or fix a price, discount, or rebate on the condition, agreement, or understanding that the purchaser or lessee shall not use or deal in the goods, wares, merchandise, machinery, or other commodities of a competitor of the vendor or lessor, where the effect of the sale, contract for sale, or lease, or the condition, agreement, or understanding is to substantially lessen competition or tends to create a monopoly in any line of commerce.
B. No person engaged in commerce shall, in the course of such commerce in connection with or pursuant to the sale of machines and equipment intended for commercial use, refuse to furnish in connection with and as part of such sales, manuals containing diagrams, instructions and parts lists sufficient to permit the user of the machines and equipment to repair the machines and equipment where such refusal compels the user to obtain repair services from the seller and tends to lessen competition or create a monopoly in any line of commerce. This subsection shall in no manner be applicable to machines and equipment sold for personal use.
C. Definitions. As used in this section:
(1) The term "personal use" shall include any goods, wares, merchandise, machinery, equipment, supplies or other commodities sold primarily for a personal, family or household use.
(2) The term "commercial use" shall include any goods, wares, merchandise, machinery, equipment, supplies, or other commodities sold for the exclusive use in and around an office, plant, factory, store, or any other commercial establishment.
Amended by Acts 1970, No. 669, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:125. Corporations; transactions lessening competition; exceptions

RS 51:125 - Corporations; transactions lessening competition; exceptions
A. No corporation, engaged in commerce, shall acquire, directly or indirectly, the whole or any part of the shares of another corporation, engaged in the same line of commerce, where the effect of the acquisition:
(1) May be to substantially lessen competition between the corporation whose stock is acquired and the corporation making the acquisition;
(2) May be to restrain commerce in any section or community; or
(3) Tends to create a monopoly in any line of commerce.
B. No corporation shall acquire, directly or indirectly, the whole or any part of the shares of two or more corporations, engaged in the same line of commerce, where the effect of the acquisition, or the use of the shares by voting or granting of proxies, or otherwise:
(1) May be to substantially lessen competition between the corporations, or any of them, whose shares are acquired;
(2) May be to restrain commerce in any section or community; or
(3) Tends to create a monopoly of any line of commerce.
C. Nothing in this Section shall:
(1) Prohibit corporations from purchasing shares solely for investment, and not using them by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition;
(2) Prevent a corporation engaged in commerce from causing the formation, holding, owning, and voting shares of subsidiary corporations for the purpose of carrying on their immediate lawful business, or their natural and legitimate branches or extensions, when the effect of the formation is not to substantially lessen competition;
(3) Prohibit any common carrier from aiding in the construction of branches or short lines so located as to become feeders to the lines of the company aiding in the construction, or from acquiring or owning all or any part of the shares of the branch lines;
(4) Prevent any common carrier from acquiring or owning all or any part of the shares of a branch or short line constructed by an independent company where there is no substantial competition between the company owning the branch line and the company owning the main line acquiring the property or an interest therein; nor
(5) Prevent a common carrier from extending any of its lines through the medium of the acquisition of shares, or otherwise, of any other common carrier where there is no substantial competition between the company extending its lines and the company whose shares, property, or interest are acquired.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:126. Corporation's violation attributable to officers, directors and agents responsible; penalty

RS 51:126 - Corporation's violation attributable to officers, directors and agents responsible; penalty
Whenever a corporation violates any of the penal provisions of this Part the violation shall also be that of the individual officers, directors, or agents of the corporation who authorized, ordered, or did any of the acts constituting in whole or in part a violation.
Whoever violates this Section shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, not more than three years, or both.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:127. Idle manufacturing plants; presumption of violation; receivership; sale or lease

RS 51:127 - Idle manufacturing plants; presumption of violation; receivership; sale or lease
Whenever in any suit on behalf of the state it appears to the court, by affidavit or otherwise, either in limine or upon trial, that any manufacturing plant has been closed and kept idle for more than one year, it shall be presumed that such manufacturing plant was closed and kept idle for the purpose of violating this Part. The court shall receive and consider any and all evidence, whether by affidavit or otherwise, which may rebut this presumption. In computing the one year period, any plant is idle which has not been operating bona fide.
If the court finds that the facts do not fairly rebut the presumption, it shall issue an order to the owner to sell the plant to bona fide third parties, within a delay fixed by the court, not to exceed six months from the date of the order. If, at the expiration of that time, the plant is not sold, the court shall appoint a receiver to take possession, under bond, and the receiver may sell, lease, or dispose of the plant under the directions of the court, within twelve months of the order appointing him.
No sale or lease shall be made to any individual who has been connected with the management of the plant, or to any corporation or firm composed in whole or in part of such individuals. No corporation shall buy or lease the plant if more than thirty per cent of its stock is held by former stockholders of the offending corporation.
All sales by receivers under this Part shall be made according to the law governing sheriff's sales.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:128. Injunction at suit of state; petition and citation; temporary relief; process as to parties not joined

RS 51:128 - Injunction at suit of state; petition and citation; temporary relief; process as to parties not joined
The district courts have jurisdiction to prevent and restrain violations of this Part, and the Attorney General or the district attorneys in their respective districts under the direction of the Attorney General or the governor, shall institute proceedings to prevent and restrain violations. Proceedings shall be by way of petition and by citation, setting forth the case and praying that the violations be enjoined, or otherwise prohibited. When the parties complained of have been duly notified of the petition, the court shall proceed, as soon as practicable, to the hearing and determination of the case. Pending such action and before the final decree, the court may at any time issue a temporary restraining order if it is just in the premises. Whenever other parties are required, the court may summon them whether they reside in the parish in which the court is held or not, and the subpoenas may be served in any parish by the sheriff thereof.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:129. Injunction at suit of private party

RS 51:129 - Injunction at suit of private party
Any person may sue for and have injunctive relief, in any court having jurisdiction over the parties, against threatened loss or damage by a violation of the provisions of this Part under the rules governing such proceedings.
A preliminary injunction may issue upon a showing that the danger of irreparable loss or damage is immediate and upon execution of proper bonds against damages for an injunction improvidently granted.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:130. Sequestration or receivership

RS 51:130 - Sequestration or receivership
Where, because of irreparable injury to the public interest, an injunction is issued under this Part, the court may issue such interlocutory orders as it deems requisite for ex-officio sequestration or for receivership over any property utilized in violating this law. If the business is one to which a public interest has attached by reason of the monopoly or other circumstances, or if the public welfare would suffer from the suspension of defendant's business, the court may order the judicial sequestrator or receiver appointed by him, after such officer has been sworn and has given bond in the amount the court fixes, to carry on the business of the defendant until the termination of the suit, with all powers customary and necessary in a receivership proceeding. Either side aggrieved by the judgment appointing or refusing to appoint a receiver has a suspensive appeal within five days, without bond, upon the original papers and in the appellate court the cause shall be heard and determined within forty days after the appeal is lodged, and if the appeal is lodged during vacation of the court, the forty day period shall begin immediately after vacation.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:131. Venue; subpoenas

RS 51:131 - Venue; subpoenas
Any suit, action or proceeding under this Part in the name of the state against a corporation, shall be brought in the parish where it is domiciled, or if it has no domicile in this state, then in any parish in which it may be found or transacts business. Subpoenas for witnesses who are required to attend in any case, civil or criminal, may run into any other parish, but in civil cases no subpoena shall issue for witnesses living out of the parish in which the court is held at a greater distance than one hundred miles from the place of holding court without the permission of the trial court upon proper application and cause shown.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:132. Judgment; use as evidence; suspension of prescription

RS 51:132 - Judgment; use as evidence; suspension of prescription
A final judgment rendered in any criminal prosecution or civil suit brought by or on behalf of the United States under its antitrust laws or by or on behalf of this state under this Part to the effect that a defendant has violated these laws, shall be prima facie evidence against such defendant in any civil proceeding brought by any other party under these laws as to all matters respecting which the judgment would be res judicata between the parties to the suit or prosecution. This Section does not apply to consent judgments. Whenever any proceeding, civil or criminal, is instituted by the United States, or by this state, to restrain or punish violations of its antitrust laws, the running of prescription of a private right of action arising under these laws and based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency of the proceeding.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:133. Evidence; defendant's documents; legislative and administrative reports; judicial records

RS 51:133 - Evidence; defendant's documents; legislative and administrative reports; judicial records
In any suit under this Part, the judge shall give the books, letters, and other documents, or apparent copies of them, belonging to the defendant, full effect as being what they purport to be and as establishing the facts carried on their face, unless there is sufficient rebuttal or countervailing proof, against them. Such books, letters or other documents, or apparent copies of them, shall be received in evidence without other formality than proof of their having been under the control of the defendant.
The judge shall receive in evidence any report by a legislative committee of Louisiana, or of the Senate or House of Representatives of the United States, or of any bureau, department, or any commission organized or acting under the authority either of this state or the United States, pertinent to the issue. The judge shall receive in evidence any record or parts of the record of any court of any state or of the United States in any legal proceeding to which the defendant is or has been a party, on the condition that all of the record is produced unless the certificate of the custodian shows that all of it is not obtainable. However, the testimony of a witness shall not be received unless the party against whom it is offered has had the opportunity to cross-examine, but the defendant may put the record, or parts of it, in evidence whether the state or other plaintiff has had the right to cross-examine or not, and in the absence of denial, explanation, or counter-proof, the report, record, or testimony, shall be prima facie evidence of the facts set forth.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:134. Exceptions to be filed in limine litis; disposition; answer; trial; preference

RS 51:134 - Exceptions to be filed in limine litis; disposition; answer; trial; preference
In all cases under this Part the defendant shall file all exceptions in limine litis, or if necessary in the alternative, after the usual delays, and any additional delays as the court may allow; however, a plea to the jurisdiction is not waived by other pleas or exceptions filed. The judge shall take up such exceptions in preference over all other business and shall decide all questions raised in the exceptions within ten days after submission, and his ruling shall have the effect of res judicata, unless the party cast shall appeal within five days. The appeal is returnable within ten days to the appellate court which shall hear and determine the case within forty days. If the exceptions are overruled by final judgment of the appellate court, the defendant shall file his answer covering all questions of controverted fact within fifteen days, and the case may be set for trial on the application of either party, which case the judge shall consider in preference over all other business.