reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:445. Certain venue provisions invalid

RS 51:445 - Certain venue provisions invalid
A. Any provision in a written or oral contract or agreement providing for the payment of commissions by a principal to a sales representative which purports to establish exclusive venue in a state other than Louisiana is hereby declared to be null and void and against the public policy of this state and such provision shall be void and unenforceable.
B. Any provision in a written or oral contract or agreement which requires waiver of this Section or which would frustrate or circumvent the provisions of this Section shall be null and void and of no force and effect.
C. A principal who is not a resident of this state and who enters into a contract subject to the provisions of this Subpart is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
D. The provisions of this Subpart do not invalidate or restrict any other right or remedy available to a sales representative or preclude a sales representative from seeking to recover in one action on all claims against a principal.
Acts 1988, No. 774, §1, eff. July 18, 1988; Acts 1995, No. 487, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:451. Payments and rebates charged against insurance deductibles; sellers of goods or services prohibited

RS 51:451 - Payments and rebates charged against insurance deductibles; sellers of goods or services prohibited
A. No person selling or engaged in the sale of goods or services shall:
(1) Provide goods or services or advertise or promise to provide goods or services to an insured in a transaction in which the goods or services will be paid for by the insured from the proceeds of the property insurance claim and, without the insurer's consent, the person selling the goods or services agrees to do any of the following:
(a) Pay, waive, absorb, or otherwise decline to charge or collect the amount of the insured's deductible.
(b) Provide a rebate in connection with the sale of the goods or services that will offset all or part of the amount paid by the insured as a deductible.
(c) In any manner, assist the insured in avoiding monetary payment of the insured's deductible.
(2) Charge an amount for such goods or services that exceeds the usual and customary charge by an amount equal to or greater than all or part of the applicable insurance deductible paid.
B. No person insured under a property or casualty insurance policy shall submit a claim or knowingly allow a claim to be submitted under the policy for payment of any goods or services that are in violation of Subsection A.
C. An insured person shall be held in violation of this Section, unless he, the insured, promptly notifies the insurer of suspected excessive charges or other violations made by the person selling or engaged in the sale of goods or services.
D. Whoever violates this Section shall be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both, for each offense, and each offense shall constitute a separate violation.
Acts 1991, No. 608, §2; Acts 2022, No. 734, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:452. Contract paid with insurance policy proceeds; notice required

RS 51:452 - Contract paid with insurance policy proceeds; notice required
A contract to provide goods or services that is reasonably expected to be paid wholly or partly with the proceeds from a claim under a property insurance policy and has a contract price of one thousand dollars or more shall contain the following notice in at least twelve-point boldfaced type: "Louisiana law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of Louisiana law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist in the insured person's failure to pay, the applicable insurance deductible."
Acts 2022, No. 734, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:461. Unsolicited merchandise; obligation of recipient

RS 51:461 - Unsolicited merchandise; obligation of recipient
A. No person, firm, partnership, association or corporation shall offer for sale in any manner any goods, wares or merchandise if the offer includes the voluntary and unsolicited sending of such goods, wares or merchandise not ordered or requested by the recipient, either orally or in writing. All such goods, wares or merchandise shall be deemed to be an unconditional gift to the recipient, and he may use or dispose of such goods, wares or merchandise in any manner he sees fit without any obligation to the sender.
B. If the sender of such goods, wares or merchandise continues to send bill statements or requests for payment therefor, the recipient may institute proceedings to enjoin such action. In addition, the sender may be liable for reasonable attorney fees and the costs of court.
Added by Acts 1970, No. 10, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:461.1. Unsolicited goods; member of organization; obligation of recipient

RS 51:461.1 - Unsolicited goods; member of organization; obligation of recipient
Whenever any person who is a member of an organization which makes retail sales of any goods, wares or merchandise to its members notifies the organization of his termination of membership, any unordered goods, wares or merchandise sent to that person after thirty days following execution of the return receipt for the certified letter by the organization shall for all purposes be deemed to be unconditional gifts to the former member, and he may use or dispose of the goods, wares or merchandise in any manner he sees fit without any obligation on his part to the organization.
If the sender of such goods, wares or merchandise continues to send bill statements or requests for payment therefor the recipient may institute proceedings to enjoin such action, and in such case the sender may be liable for reasonable attorney fees and for costs of court.
Nothing in this section shall relieve any person from liability for damages as a result of a breach of agreement with the organization to which he formerly belonged, but such person shall not be subject to any damages with respect to goods, wares or merchandise which are deemed unconditional gifts to him under the provisions of this section.
Added by Acts 1970, No. 10, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:462. Definitions

RS 51:462 - Definitions
As used in this Subpart:
(1) "Direct molding process" means any direct molding process in which the original manufactured vessel hull or component part of a vessel hull is itself used as a plug for the making of the mold, which is then used to manufacture a duplicate item.
(2) "Plug" means a device or model used to make a mold for the purpose of duplication.
(3) "Mold" means a matrix or form in which a substance or material is shaped.
Acts 1985, No. 932, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:462.1. Duplication and sale of items manufactured by direct molding process prohibited

RS 51:462.1 - Duplication and sale of items manufactured by direct molding process prohibited
A. No person shall use the direct molding process to duplicate for the purpose of sale any manufactured vessel hull or component part of a vessel hull made by another without the written permission of that other person.
B. No person shall knowingly sell a vessel hull or component part of a vessel hull duplicated in violation of Subsection A of this Section.
C. The provisions of this Section shall apply only to vessel hulls or component parts of vessel hulls duplicated using a mold made on or after the effective date of this Subpart.
Acts 1985, No. 932, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:462.2. Injunctive relief; damages

RS 51:462.2 - Injunctive relief; damages
Any person who suffers injury or damage as the result of a violation of the provisions of this Subpart may bring an action in a court of competent jurisdiction for an injunction prohibiting such violations. In addition, the injured person shall be entitled to actual damages incurred as a result of such violation, reasonable attorney's fees, and costs.
Acts 1985, No. 932, §1, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:463. Sports trading card games

RS 51:463 - Sports trading card games
A. No individual or other entity shall offer or require, or attempt to offer or require, any person to pay any consideration or venture any money, including but not limited to the payment of a handling fee or charge, or postage and handling fee or charge, in order to participate in an activity whereby such person sends, gives, or redeems a sports trading card to such individual or entity with the understanding that the person shall receive or have a chance to win a designated prize or prizes.
B.(1) "Sports trading card" means any card produced for use in commerce that contains a company name or logo, or both, and an image, representation, or facsimile of one or more players of a sport or other sport team member or members in any pose.
(2) The cost of mailing the sports trading card shall not be considered a venture of money.
C. Any violation of this Section shall constitute an unfair method of competition and an unfair or deceptive act or practice as provided for in R.S. 51:1405 and shall be subject to the enforcement provisions of the Unfair Trade Practices and Consumer Protection Law of Chapter 13 of this Title, R.S. 51:1401 et seq.
Acts 1999, No. 683, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:470.3. Property right in an individual's identity

RS 51:470.3 - Property right in an individual's identity
A. Every individual has a property right in connection with the use of that individual's identity for commercial purposes.
B. The identity rights provided in this Subpart constitute property rights that do not expire upon the death of the individual so protected, regardless of whether such rights were commercially exploited by the individual during the individual's lifetime. Notwithstanding the foregoing, the identity rights with respect to a performance in audiovisual works shall expire upon the death of the individual.
C. Identity rights are heritable, licensable, assignable, and transferable to the executors, heirs, legatees, assignees, or licensees of the individual.
D. Any transfer or exclusive license of an individual's identity rights is not valid unless in writing and signed by the individual or the individual's authorized representative, or if the individual is deceased, by more than fifty percent of the authorized representatives holding the rights specified in the transfer or license. An exclusive licensee of an individual's identity rights may, within the scope of and to the extent permitted by the license, assert a claim against a third party for a violation of this Subpart.
E. The identity rights provided by this Subpart shall terminate upon the earlier of either of the following:
(1) Proof of nonuse of the individual's identity for commercial purposes by an individual's authorized representative for a period of three consecutive years following the individual's death.
(2) Fifty years following the individual's death.
F. The rights provided by this Subpart apply to all individuals whether or not the individual died before, on, or after August 1, 2022. If the individual died before August 1, 2022, the rights are considered to have existed on and after the date the individual died. Notwithstanding the foregoing, a claim for a violation of an individual's identity rights may not be asserted under this Subpart unless the alleged act or event of violation occurs after August 1, 2022.
G . Rights under this Subpart are not subject to levy or attachment and may not be the subject of a security interest, marital property distribution, or debt collection. Nothing in this Section limits the ability to levy, attach, or obtain a security interest in the proceeds of the exercise of the rights under this Subpart, if the individual chooses to exercise his rights, or as otherwise ordered by a court of competent jurisdiction.
Acts 2022, No. 425, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:470.4. Misappropriation of identity

RS 51:470.4 - Misappropriation of identity
A. It shall be a violation of this Subpart for any person to use an individual's identity for a commercial purpose in Louisiana without having first obtained consent from the individual or the individual's authorized representative.
B. A claim for a violation of an individual's identity rights may not be asserted under this Subpart unless the alleged act occurs within Louisiana and shall be subject to a prescriptive period of two years from the date the violation was discovered or should have been discovered.
C. It shall be a violation of this Subpart to use a digital replica in a public performance of a scripted audiovisual work, or in a live performance of a dramatic work, if the use is intended to create, and creates, the clear impression that the professional performer is actually performing in the role of a fictional character.
D. A person who does any of the following shall be deemed to have submitted to the jurisdiction of this state:
(1) Engages in conduct within Louisiana that is prohibited under this Subpart.
(2) Creates or causes to be created within this state products, merchandise, goods, services, or other materials prohibited under this Subpart.
(3) Transports or causes to be transported into this state products, merchandise, goods, or other materials created or used in violation of this Subpart.
(4) Knowingly causes advertising or promotional material created or used in violation of this Subpart to be published, distributed, exhibited, or disseminated within Louisiana.
E.(1) In addition to any other remedy authorized by law, a person who violates an individual's identity rights may be liable for the greater of one thousand dollars and the actual damages, and to the extent not duplicative of the plaintiff's compensatory damages, the disgorgement of profits derived from the unauthorized use of the individual's identity. For purposes of calculating such profits, the plaintiff is only required to prove the gross revenue attributable to the unauthorized use, and the defendant is required to prove properly deductible expenses.
(2) A court of competent jurisdiction may grant the plaintiff, in a proceeding under this Section, a temporary restraining order or an order for injunctive relief.
F. A court may award reasonable attorney fees, costs, and expenses to the prevailing party in an action under this Subpart.
G. Any suit arising out of the alleged offending use of a digital replica, expressive work, identity, or performance, or brought against a newspaper, broadcast outlet, media outlet, online news outlet, news publication, or other media pursuant to this Subpart shall be subject to the provisions of Code of Civil Procedure Article 971, and any alleged violation of this Subpart shall be presumed an act in furtherance of a person's right of petition or free speech under the Constitution of the United States of America or the Constitution of Louisiana in connection with a public issue in accordance with Code of Civil Procedure Article 971.
Acts 2022, No. 425, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:470.6. Construction and applicability

RS 51:470.6 - Construction and applicability
A. The rights granted by this Subpart are cumulative and shall be in addition to any others provided by law.
B. The property rights granted by this Subpart vest with an individual or the individual's authorized representative on August 1, 2022.
Acts 2022, No. 425, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:471. Parts supply to be kept in state by manufacturers, wholesalers, or their agents

RS 51:471 - Parts supply to be kept in state by manufacturers, wholesalers, or their agents
All manufacturers or wholesale dealers or their general state agents who sell or offer for sale any tractors, threshers, binders, plows, discs, seeders, or any other implement used in agricultural pursuits in this state, shall within sixty days after any sale and at all times thereafter, maintain a full and adequate supply of parts for repairs at not less than one point within the state, so as to enable any purchaser or user to obtain at any time, any part for the purpose of repairing or replacing any broken, worn out or defective part of the implement, without the necessity of awaiting a shipment from the factory, or some other point located outside of the state. Nothing in this Section shall apply to the owner of a second hand implement, who sells or offers it for sale.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:472. Penalty

RS 51:472 - Penalty
A. Whoever violates R.S. 51:471 shall be fined not more than five hundred dollars for each offense, or imprisoned for not more than ten days, or both.
B. If no station or store of stock is established within sixty days after the first sale as provided in R.S. 51:471 and any sale is made thereafter the penalty shall be not less than five hundred dollars nor more than one thousand dollars, or imprisonment for not more than thirty days, or both. In addition, the commissioner of agriculture and forestry shall publish notice of failure and delinquency at the expense of his department in journals within the state, or by any other method he may select.
Acts 2009, No. 24, §5, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:481.1. Choice of remedy

RS 51:481.1 - Choice of remedy
The remedies provided in this Part are in addition and supplemental to remedies provided in any dealer agreement. A dealer may elect to pursue its contract remedy, the remedies provided by law, or both. An election by the dealer to pursue remedies as provided in the dealer agreement shall not preclude or prohibit the dealer from exercising his right to any other remedies provided by law. Any provision included in an agreement between an agent and a dealer that attempts to limit or otherwise preclude or prohibit a dealer from exercising any rights or protections provided in this Section shall be null, void, and unenforceable.
Acts 2015, No. 466, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:483. Violations; civil remedies

RS 51:483 - Violations; civil remedies
A. It shall be a violation of this Part for an agent to:
(1) Coerce any dealers to accept delivery of equipment parts or accessories which the dealer has not ordered voluntarily, or to seek payment for any such equipment parts or accessories, or their return.
(2) Condition the sale of equipment on a dealer also purchasing other goods or services; except that an agent may require the dealer to purchase those parts reasonably necessary to maintain the quality of operation in the field of the equipment used in the trade area and to purchase and lease such telecommunication equipment as is substantially and reasonably necessary to communicate with the agent.
(3) Coerce a dealer into refusing to purchase an agent's equipment manufactured by another agent.
(4) Attempt or threaten to terminate, cancel or fail to renew or substantially change the competitive circumstances of the dealership agreement based on the result of a natural disaster, including a sustained drought or high unemployment in the dealership market area, labor dispute, or other similar circumstances beyond the dealer's control.
(5) In connection with an incentive agreement, impose on the dealer:
(a) The burden of proof regarding the terms of the agreement, including the establishment of the location of a piece of equipment's first substantial use.
(b) A penalty for the sale of equipment if the first substantial use is in a location outside the dealer's area of responsibility for agricultural sales, regardless of the location of the seller, or of the customer's residence, office, or operating base.
B.(1) A dealer may bring an action for civil damages in a court of competent jurisdiction against any agent found violating the provisions of this Section, and may recover the damages sustained as a consequence of the agent's violations, together with all costs and attorney fees.
(2) The dealer shall be entitled to injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances. In any action by the dealer for injunctive relief for a violation of this Section, irreparable harm shall be presumed. The remedies in this Section are in addition to any other remedies permitted by law.
Acts 1991, No. 627, §1; Acts 2021, No. 359, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:483.1. Indemnification of dealers

RS 51:483.1 - Indemnification of dealers
Notwithstanding the terms of any dealer agreement, each agent shall indemnify and hold harmless a dealer against any judgment for damages, including but not limited to court costs and reasonable attorney fees of the dealer, arising out of complaints, claims or lawsuits, including but not limited to strict liability, negligence, misrepresentation, express or implied warranty, or rescission of sale, if the judgment arises out of an alleged defective or negligent manufacture, assembly, design, or modifications or alterations made by a dealer who is authorized by an agent to make such modification or alterations, parts, attachments, or accessories, or other functions by the agent, which are beyond the control of the dealer.
Acts 2015, No. 466, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:484. Resale of implements, machinery and attachments

RS 51:484 - Resale of implements, machinery and attachments
Upon cancellation or discontinuance of a contract as described in R.S. 51:481(A) by the agent, dealer, wholesaler, manufacturer, or distributor, the agent shall pay to the dealer, or credit his account if he has outstanding any sums owing the agent, a sum equal to one hundred percent of the net cost of all new unused complete engines, implements, equipment, machinery, and attachments covered by this Part which have been purchased from him by the dealer within the thirty-six months immediately preceding notification by the agent or dealer of intent to cancel or discontinue the contract, including transportation charges and excise taxes paid by the dealer or invoiced to his account by the agent. Nothing in this Section shall prohibit the dealer from electing to keep such merchandise if he has the contractual right to do so. Equipment used for demonstration with less than three hundred hours use will be considered new. Equipment that is demonstrated as a method of selling is returnable as new equipment.
Acts 1991, No. 627, §1; Acts 1992, No. 372, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:485. Resale of repair parts

RS 51:485 - Resale of repair parts
A. Upon cancellation or discontinuance of a contract as described in R.S. 51:481(A) by the agent or dealer, the agent shall pay to the dealer, or credit to his account if he has outstanding any sums owing to the agent, a sum equal to one hundred percent of the current net prices on repair parts previously purchased from him by the dealer and held by the dealer on the date of the cancellation or discontinuance of the contract or thereafter received by the retailer from the wholesaler, manufacturer or distributor. This right of resale shall extend to superseded parts listed in current price lists or catalogs in use by the agent on the date of cancellation or discontinuance of the contract. Nothing in this Section shall prohibit the dealer from electing to keep such repair parts and superseded parts if he has the contractual right to do so. The agent shall buy back all specialized equipment that the agent required the dealer to purchase at fifty percent of the original price the dealer paid.
B. The repurchase of a repair part shall not be required when the dealer has failed to return the part to the agent after being offered a reasonable opportunity to do so; provided the annual return program of the agent shall not be considered such reasonable opportunity to return within the meaning of this Section. Neither shall the agent be required to repurchase repair parts which have a limited storage life or which are otherwise subject to deterioration, such as rubber items, gaskets, single repair parts priced as a set of two or more items, and repair parts which because of their condition are not resellable as new parts. The dealer shall not be entitled to payment or credit for parts, equipment, implements, machinery, or attachments until the dealer furnishes evidence satisfactory to the company that such products are free and clear of all claims, liens, and encumbrances.
Acts 1991, No. 627, §1; Acts 1992, No. 372, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:486. Passage of title; right of possession

RS 51:486 - Passage of title; right of possession
The payment required by the agent under this Part shall be due within sixty days after shipment of such items, and upon such payment or allowance of credit to the dealer's account of the sum required by R.S. 51:484 and 485, the title to the equipment, implements, machinery, attachments or repair parts shall pass to the agent making the payment or allowing the credit, and the agent shall be entitled to the possession of the engines, equipment, implements, machinery, attachments, or repair parts. However, this shall not in any way affect any mortgage or privilege which the agent may have on the inventory of the dealer. The date of cancellation or termination shall be the date the agent receives written notice from the dealer or the dealer receives written notice from the agent.
Acts 1991, No. 627, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:487. Supplementary nature of provisions

RS 51:487 - Supplementary nature of provisions
The provisions of R.S. 51:484 through 486 shall supplement any contract, as defined in R.S. 51:481, and the dealer may elect to pursue either his contract remedy or the remedy provided under this Part as to the engines, equipment, implements, machinery, attachments, or repair parts affected by the contract remedy. Notwithstanding anything contained herein, the right of the agent to deduct from the amount paid to the dealer or credited to his account any discount incident to the dealer's purchase of goods shall not be affected. Further, any repurchase under this Part shall not be subject to the provisions of the bulk sales law. After termination or cancellation, any debts remaining from a retail sale or lease contract shall not be reduced nor shall a dealer reserve account be debited by an agent or financial institution without prior approval of the dealer or his heirs. A former dealer or his heirs shall be given quarterly status reports on any remaining outstanding contracts. As the contracts are reduced any reserve account funds shall be returned to the dealer or his heirs in direct proportion to the liabilities outstanding.
Acts 1991, No. 627, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:488. Repurchase from heirs upon death of dealer

RS 51:488 - Repurchase from heirs upon death of dealer
Upon the death of the dealer, or the majority stockholder in a corporation operating a retail dealership under a contract as provided in R.S. 51:481, the heir or heirs of the dealer or stockholder shall have one year to exercise the options provided by this Part to the dealer, upon the same terms and conditions applicable to the dealer.
Acts 1991, No. 627, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:489. Liability for failure to repurchase

RS 51:489 - Liability for failure to repurchase
In the event that the agent fails or refuses to make payment to the dealer or his heir or heirs as required by this Part within sixty days after shipment of returned items, he shall be liable to the retailer or his heir or heirs for damages in the following amounts:
(1) One hundred percent of the net cost of the equipment, implements, machinery and attachments.
(2) Transportation charges which have been paid by the dealer.
(3) One hundred percent of the current net price of repair parts plus transportation cost.
(4) Interest at the same rate as fixed by law for legal interest, accruing from sixty days after shipment of return items.
Acts 1991, No. 627, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:490. Reimbursement for handling costs

RS 51:490 - Reimbursement for handling costs
A. The agent shall also pay the dealer or credit his account a sum equal to five percent of the current net price for all parts returned under the provisions of R.S. 51:485 for the handling, packing, and loading of such parts back to the agent. The five percent shall not be paid or credited to the dealer if the agent elects to perform the inventorying, packing, loading, and transportation of the parts itself. Transportation charges shall be paid by the agent.
B. The dealer or agent shall furnish a representative to inspect all parts and certify their acceptability as they are being packed for shipment. Should a representative of the agent not be provided within forty-five days, the parish sheriff shall be appointed in the agent's capacity with the agent responsible for all cost of the appointment.
Acts 1991, No. 627, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:490.1. Limitation on dealer's obligations

RS 51:490.1 - Limitation on dealer's obligations
In no event shall a dealer be liable to an agent pursuant to the terms of any dealer agreement between them for the gross negligence or willful misconduct of any third party.
Acts 2015, No. 466, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:501. Warranty claims submitted to a supplier by a dealer

RS 51:501 - Warranty claims submitted to a supplier by a dealer
A. Warranty claims submitted to a supplier by a dealer for payment under a warranty agreement shall either be approved or disapproved within thirty days of receipt by the supplier. All claims for payment shall be paid within thirty days of their approval. When any such claim is disapproved, the supplier shall notify the dealer within thirty days stating the specific grounds upon which the disapproval is based. If a claim is not specifically disapproved within thirty days of receipt, it shall be deemed approved and payment by the supplier shall be made within thirty days.
B. If after termination of a contract, the dealer submits a claim to the supplier for warranty work performed prior to the effective date of the termination, the supplier shall accept or reject the claim within thirty days of receipt.
C. Warranty work performed by the dealer shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed in hours and fractions thereof, multiplied by the dealer's established customer hourly retail labor rate, which shall have previously been made known to the supplier.
D. Expenses expressly excluded under the supplier's warranty to the customer shall not be included nor required to be paid on requests for compensation from the dealer for warranty work performed.
E. All parts used by the dealer in performing warranty work shall be paid to the dealer in the amount equal to the dealer's net price for parts used, plus a minimum of fifteen percent. The percentage additive shall reimburse the dealer for reasonable costs of doing business in performing warranty service on the supplier's behalf, including but not limited to freight and handling costs incurred.
F. The supplier shall have the right to adjust for errors discovered during audit and, if necessary, to adjust claims paid in error.
G. The dealer shall have the right to accept the manufacturer's reimbursement terms and conditions in lieu of the provisions of this Section.
H. For the purposes of this Section, "dealer" shall mean any farm equipment dealer, heavy industrial equipment dealer, construction equipment dealer, material handling equipment dealer, utility equipment dealer, engines equipment dealer, lawn and garden equipment dealer, or retail equipment distributor dealer.
Acts 2011, No. 221, §1, eff. June 27, 2011.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:521. Definitions

RS 51:521 - Definitions
As used in this Part:
(1) "Retail drug trade" means the selling to the consumer, not for the purpose of resale, of any form of drugs, medicines, cosmetics, toilet preparations, drug sundries or allied articles, but does not include the sale of damaged merchandise if advertised, marked and sold as such, nor merchandise sold during the final liquidation of any business, or sold or donated for charitable purposes or to unemployment relief agencies, or to physicians, dentists, veterinarians or hospitals.
(2) "Drug retailer" means any person engaged wholly or partially in the retail drug trade;
(3) "Retail drug establishment" means any store or department of a store engaged in the retail drug trade;
(4) "Cost" means the manufacturer's wholesale list price per dozen or per customary unit plus a six percent mark-up;
(5) "Drug" means any substance or preparation intended for external or internal use in the care, mitigation, treatment, remedy or prevention of disease or ailment in man or animal, and any substance or preparation intended to affect the structure or function of the body of man or animal, not including food, but including medicinal or quasimedicinal preparations;
(6) "Cosmetics" and "toilet preparations" mean toilet articles and perfumes, toilet waters, face powders, creams, lotions, rouges, shaving creams, dentifrices, bath salts and all other similar preparations and substances, designed and intended for application to the person for the purpose of cleansing, improving, or changing in any way the appearance of the person, or of refreshing or preserving the person;
(7) "Drug sundries" means such articles as are used in conjunction with, but not included in, drugs, cosmetics or toilet preparations.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:522. Unlawful acts; false or misleading advertising or practices; secret gifts; inaccurate bills; lotteries; demonstrators

RS 51:522 - Unlawful acts; false or misleading advertising or practices; secret gifts; inaccurate bills; lotteries; demonstrators
No drug retailer shall use advertising or selling methods which refer inaccurately in any material particular to any competitor or his merchandise, prices, values, credit terms, policies or services, nor use selling methods which tend to deceive or mislead the customer, nor use advertising which lays claim to a policy or a continuing practice of generally underselling competitors.
No drug retailer shall give secretly anything of value to a customer or to the employee or agent of a customer for the purpose of influencing a sale or, in furtherance of a sale, render a bill or statement of account to the employee, agent or customer which is inaccurate in any material particular; nor sell or offer for sale any merchandise at less than cost or upon a condition which involves a lottery, gamble, or other element of chance; nor permit any demonstrator or sales employee whose salary is wholly or partially paid by a manufacturer or distributor to work in his establishment, unless the demonstrator or sales employee is clearly and openly identified as the agent of the manufacturer or distributor.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:541. Purchasers and carriers; records of purchases and shipments

RS 51:541 - Purchasers and carriers; records of purchases and shipments
All purchasers of green or salted hides and all common carriers receiving for sale or shipment, green or salted hides, shall demand and receive of the seller or shipper, a full description of all marks and brands on such hides which shall be verified by the purchaser or common carrier and such purchaser or common carrier shall keep a record of such sales or shipments if the sale or shipment does not exceed five hides, with a description of the marks and brands. This record shall at all times be open for public inspection and preserved for a period of three months from its date.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:542. Carriers; right to refuse shipment; exemptions

RS 51:542 - Carriers; right to refuse shipment; exemptions
If after demand made upon the shipper by the common carrier, for a full description of all marks and brands on hides as provided for in R.S. 51:541, the shipper refuses or is unable to furnish such description and verification, the common carrier may refuse to receive the hides until a description is furnished and verified as provided in R.S. 51:541. Hides purchased from or taken off for butchers by recognized licensed abattoirs and slaughter houses are exempted from this Part.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:611. Mammal to be known as marsh hare; name musk rat prohibited

RS 51:611 - Mammal to be known as marsh hare; name musk rat prohibited
The common name of the flesh of the mammal ondatra zibethica rivalicia shall be marsh hare.
The use of the name or appellation of musk rat in referring to the flesh of ondatra zibethica rivalicia is prohibited.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:612. Labeling meat or meat products

RS 51:612 - Labeling meat or meat products
All packers, distributors, processors and other persons handling or dealing in the meat or meat products of ondatra zibethica rivalicia, and all persons advertising, or in any way promoting its use and consumption shall label and refer to such meat or meat products as marsh hare.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:613. Foreign meats; selling; signs; penalties

RS 51:613 - Foreign meats; selling; signs; penalties
A. Any person, firm, or corporation who sells or offers for sale in the State of Louisiana through any outlet, any meat, either fresh or frozen, which is a product of a foreign country or imported from without the boundaries of the United States without first indicating this fact by the display of a conspicuous sign in their place of business, such a sign to use letters at least four inches high and be of contrasting colors and stating that the meat so offered is from a foreign country, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Twenty-five Dollars ($25.00) or more than One Hundred Dollars ($100.00) or be imprisoned in the parish jail not more than thirty days for the first offense. Any supplier of any retail outlet who handles any foreign meats either fresh or frozen shall notify the retail outlet in writing that it is imported meat at the time of its delivery. Outlets serving cooked food at retail, displaying a conspicuous sign of contrasting colors, using letters at least four inches high, shall be deemed as having satisfied the requirements of this Section.
B. For each second or successive conviction of such offense against this Section, the fine shall be not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), nor more than ninety days imprisonment in the parish jail, or both such fine and imprisonment.
Acts 1964, No. 205, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:614. Labeling of meat; enforcement; penalties

RS 51:614 - Labeling of meat; enforcement; penalties
A. In conformity with and to the extent allowed by the Federal Meat Inspection Act and applicable federal meat inspection regulations, any person, firm, company, corporation, partnership, association, or other business entity which sells processed or unprocessed meat, whether fresh or frozen, in Louisiana after January 1, 2000, shall indicate in clear and conspicuous letters on the meat, the immediate wrapping or container, or a sign included with the display if the meat is displayed for sale or sold unwrapped, either the name of the country of origin preceded by the words "product of" or the country of origin of the meat using one of the following designations: "Imported", "American", or "Blend" of imported and American meats.
B. Whoever violates any provision of this Section shall be subject to a civil penalty of not more than five hundred dollars for each act of violation. Each day on which a violation occurs shall be a separate offense. Penalties may be assessed at an adjudicatory hearing held under the Louisiana Weights and Measures Law and in accordance with the provisions of the Administrative Procedure Act. Notwithstanding any provision of law to the contrary an appeal from such adjudicatory hearing shall not be confined to the record and additional testimony and evidence may be considered by the court.
C. The Louisiana Department of Agriculture and Forestry shall administer and enforce the provisions of this Section and shall adopt rules and regulations pursuant to the Administrative Procedure Act necessary to carry out the provisions of this Section.
D. The provisions of this Section shall not apply to prepared meat which is sold at retail for consumption on the premises and fully cooked meat as defined by the United States Department of Agriculture Food Safety Inspection Service rules and regulations.
Added by Acts 1981, No. 688, §1; Acts 1999, No. 487, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:641. Manufacture, sale, etc., of certain types of matches prohibited

RS 51:641 - Manufacture, sale, etc., of certain types of matches prohibited
No person shall manufacture, store, offer for sale, sell or otherwise dispose of, or distribute, white phosphorous single-dipped strike-anywhere matches of the type popularly known as "Parlor Matches". No person shall manufacture, store, sell, offer for sale, or otherwise dispose of, or distribute, white phosphorous double-dipped strike-anywhere matches or any other type of double-dipped matches unless bulb or first dip of the match is composed of a so-called safety or inert composition, non-ignitable on an abrasive surface. No person shall manufacture, store, offer for sale, sell, or otherwise dispose of, or distribute Blazar or so-called Wind Matches, whether of the so-called safety or strike-anywhere type.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:642. Storage and sale; marking; further restrictions

RS 51:642 - Storage and sale; marking; further restrictions
No person shall offer for sale, sell, or otherwise dispose of, or distribute for use any matches, unless the package or container in which the matches are packed, bears plainly marked on the outside, the name of the manufacturer and the brand or trade-mark under which the matches are sold, disposed of or distributed.
No more than one case of each brand of matches of any type or manufacture shall be opened at any one time in any retail store where matches are sold. No loose boxes or paper wrapped packages of matches shall be kept on shelves or stored in retail stores where matches are sold, at a height exceeding five feet from the floor. All matches when stored in warehouses shall be kept only in properly secured cases or boxes, and not piled to a height exceeding ten feet from the floor, and shall not be stored within a horizontal distance of ten feet from any boiler, furnace, stove, or other like heating apparatus, or within a horizontal distance of twenty-five feet from any explosive material kept or stored on the same floor.
All matches shall be packed in boxes or suitable packages, containing not more than seven hundred matches in any one box or package. When more than three hundred matches are packed in any one box or package the matches shall be arranged in two nearly equal portions, the heads of the matches in the two portions being placed in opposite directions. All boxes containing three hundred and fifty or more matches shall have placed over the matches a center holding or protecting strip, made of chipboard, not less than one and one-quarter inches wide. This strip shall be flanged down to hold the matches in position when the box is nested into the shuck or withdrawn from it.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:643. Shipping containers; restrictions; marking

RS 51:643 - Shipping containers; restrictions; marking
All match boxes or packages shall be packed in strong shipping containers or cases. The number of match boxes or packages contained in any one shipping container or case shall not exceed the amount below:
Number Number
of boxes of matches
1/2 gross. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .700
1 " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
2 " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
3 " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
5 " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
12 " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
20 " over 50 and under. . . . . . . . . . . . . . . . 100
25 " under . . . . . . . . . . . . . . . . . . . . . . . . . 50
No shipping container or case constructed of fibreboard, corrugated fibreboard, or wood nailed or wire bound, shall exceed, including its contents, seventy-five pounds, and no lock-cornered wood case containing matches shall exceed, including its contents, eighty-five pounds. No other articles or commodities shall be packed in the same container or case. On the outside of all containers and cases in which are packed strike-anywhere matches, the words "Strike-Anywhere Matches" shall be plainly marked.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:651.1. Possession, sale, or use of certain fireworks prohibited; penalties

RS 51:651.1 - Possession, sale, or use of certain fireworks prohibited; penalties
A. The provisions of R.S. 51:651 shall not be construed to authorize the possession, sale, use, or shipment into the state of the types of fireworks which are specifically prohibited by this Section.
B. It is unlawful for any person in the state of Louisiana to possess, sell, or use for any purpose whatsoever any of the following items of commercial fireworks: cherry bombs, tubular salutes, two-inch American-made salutes, firecrackers with casings the external dimensions of which exceed one and one-half inches in length or one-quarter of an inch in diameter, repeating bombs, aerial bombs, torpedoes which exceed three-eighths of an inch in diameter, Roman candles larger than ten ball, and sky rockets larger than six ounces. It is also unlawful for any person to ship into the state of Louisiana any of the above mentioned items for any purpose whatsoever.
C. The items of commercial fireworks enumerated in this Section shall not be considered as public display fireworks within the meaning of R.S. 51:655.
D. It is unlawful for a person in this state to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial luminaries, commonly known as sky lanterns, Hawaii lanterns, Kongming lanterns, Chinese lanterns, sky candles, fire balloons, or flying luminaries.
E. Illegal fireworks or aerial luminaries as provided in this Part shall be subject to seizure by the state fire marshal, his deputies, or any authorized law enforcement officer as contraband and further subject to forfeiture as provided in R.S. 15:41.
F. Whoever violates this Section shall, upon conviction, be fined not more than one thousand dollars or imprisoned, with or without hard labor, for not more than two years, or both. Each violation of this Section constitutes a separate offense.
Added by Acts 1962, No. 456, §1. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 2018, No. 211, §1, eff. May 15, 2018.