reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter B - Nursery Stock Quarantines › Section XV-131 - Phytophagous Snails

Current through Register Vol. 50, No. 6, June 20, 2024
A. From
				  Non-Infested States. Regulated material, including ornamental, horticultural
				  and nursery stock, moved into or within Louisiana directly from any state not
				  infested with European Brown Garden Snail or other Phytophagous Snails
				  injurious to live plants, must be accompanied by a certificate of nursery
				  inspection (tag).
B. From Infested
				  States or Areas. Regulated material, including ornamental, horticultural and
				  nursery stock, originating from any state or area of any state known to be
				  infested with European Brown Snail or other Phytophagous Snails injurious to
				  live plants, and moved into or within Louisiana must be accompanied by a
				  certificate of nursery inspection (tag) and shall be certified snail-free in a
				  manner approved by the department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1655.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter B - Nursery Stock Quarantines › Section XV-132 - Conifer and Hardwood Seedlings Used for Forestation Purposes

Current through Register Vol. 50, No. 6, June 20, 2024
A. The premises of
				  nurseries growing seedlings for afforestation or reforestation purposes must be
				  inspected and found to be apparently free of pests, diseases, and noxious
				  plants.
B. Any shipment of conifer
				  or hardwood seedlings into or within the state for afforestation or
				  reforestation purposes must be accompanied by a valid certificate issued by the
				  department or the state of origin evidencing that the seedlings are apparently
				  free of pests, diseases, and noxious plants.
C. To aid in obtaining seedlings that are
				  free of pests, diseases, and noxious plants, the preferred method of treatment
				  is fumigation using methyl bromide in seedling plant beds prior to seeding. All
				  such treatments shall be accomplished by utilizing state and federally
				  registered pesticides in accordance with the label.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter C - Sweet Potato Weevil Quarantine › Section XV-133 - Applicability of General Quarantine Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Sweet potato plants, plant products and
				  parts thereof and host materials for the sweetpotato weevil are subject to all
				  pertinent provisions of the general quarantine regulations contained in
				  Subchapter A and to the regulations contained in this Subchapter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1655 and
					 R.S.
					 3:1732.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter C - Sweet Potato Weevil Quarantine › Section XV-135 - Definitions Applicable to this Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to definitions found in §103,
				  the following definitions shall also be applicable to this Subchapter.
Commercial Kiln and Storage Houses
-any
					 buildings where sweet potatoes produced by different farmers or growers are
					 assembled and stored.
Compliance Agreement
-a written agreement
					 between the department and a Sweet Potato Dealer in which the dealer agrees to
					 comply with the General Plant Quarantine Regulations, the provisions of this
					 Subchapter and any conditions specified in the agreement.
Farm Kiln
or
Storage
					 House
-a building or enclosed structure located on a farm in which
					 sweet potatoes grown solely on said farm are stored.
Non-Sweet Potato Area
-any area in which
					 the planting, bedding, growing, or storing of any material which acts as a host
					 for the sweetpotato weevil is prohibited.
Platform Inspection
-a visual examination
					 by an inspector of sweet potatoes that have been cleaned and packed or
					 containerized prior to the issuance of a certificate permit.
Processing Plants
-canning, freezing and
					 dehydrating plants.
Sweet Potato Dealer
-a person engaged in
					 the growing for sale, offering for sale, moving or brokering of sweet potatoes,
					 except as noted in
					 §147 C
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1655 and
					 R.S.
					 3:1732.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter C - Sweet Potato Weevil Quarantine › Section XV-137 - Issuance and Use of Certificate Permits, Certificate Permit Tags, and Fumigation Certificates for the Movement of Regulated Material

Current through Register Vol. 50, No. 6, June 20, 2024
A. From Sweetpotato
				  Weevil-Free Designations
1. Green certificate
				  permit tags will, upon request to the department, be issued to any person whose
				  growing, packing and storage facilities are designated by the department as
				  sweetpotato weevil-free and who meet the following conditions.
a. The person has a valid sweet potato
				  dealer's permit as required by these regulations.
b. The properties or premises of the person,
				  where regulated materials are grown or stored, have been trapped or surveyed
				  for sweetpotato weevil during the growing season in a manner approved by the
				  department and have been found by the department to be free from sweetpotato
				  weevil.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter C - Sweet Potato Weevil Quarantine › Section XV-138 - Fumigation and Maintenance of Weevil-Free Status of Regulated Materials Originating from Designated Sweetpotato Weevil-Infested Areas or Properties or Premises

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fumigation
				  Measures. Persons operating storage houses and/or packing sheds who desire to
				  move regulated materials from areas or properties or premises designated by the
				  department as sweetpotato weevil infested into areas or properties or premises
				  designated as sweetpotato weevil-free, or to any state which may prohibit entry
				  of such regulated material, shall:
1. enlist
				  the services of a certified fumigator to perform the fumigation;
2. possess a valid fumigation certificate
				  issued by a certified fumigator, indicating that the fumigation was done in
				  accordance with all fumigant label requirements and in a manner approved by the
				  department. Each fumigation certificate shall state the conditions and dates of
				  fumigation;
3. fumigate with
				  fumigants labeled for use on the regulated material and formulated and used in
				  a manner and at a concentration approved by the department.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter C - Sweet Potato Weevil Quarantine › Section XV-139 - Effect of Quarantine for Sweetpotato Weevil

Current through Register Vol. 50, No. 6, June 20, 2024
A. Sweetpotato Weevil-Free Designations of
				  Louisiana
1. The growing or storing of
				  regulated material, including seed beds and field plantings of sweet potatoes
				  is prohibited in areas or properties or premises declared to be non-sweet
				  potato areas, except under special permit issued by the department. Non-sweet
				  potato areas may include but are not limited to sweetpotato weevil-infested
				  properties or premises, as determined by survey or trapping procedures
				  conducted in a manner approved by the department, located in those areas of the
				  state designated by the department as sweetpotato weevil-free.
2. Any regulated material found in non-sweet
				  potato areas shall be disposed of in a manner approved by the
				  department.
3. Regulated materials,
				  properties or premises found to contain sweetpotato weevil may be subject to
				  required treatments, handling restrictions, or destruction as determined by the
				  department.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter C - Sweet Potato Weevil Quarantine › Section XV-141 - Handling, Storage and Processing of Sweet Potatoes within Those Areas or Properties or Premises of the State Designated Sweetpotato Weevil-Infested

Current through Register Vol. 50, No. 6, June 20, 2024
A. Sweet Potatoes
				  Treated with Approved Chemicals. There shall be no date limit on the shipment
				  of sweet potatoes from those areas or properties or premises of the state
				  designated sweetpotato weevil-infested, provided:
1. sweet potatoes to be marketed after April
				  1 following the year of production must be treated before February 28 with a
				  chemical or chemicals labeled for sweet potato use and approved by the
				  department; and
2. sweet potato
				  packing sheds, processing plants and/ or storage houses, and all containers and
				  equipment used in handling sweet potatoes must be cleaned and treated in a
				  manner prescribed by the department as soon as possible after final disposal of
				  a crop of sweet potatoes.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter C - Sweet Potato Weevil Quarantine › Section XV-143 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. A fee of $0.06
				  per bushel shall be charged for each bushel of sweet potatoes moved or shipped
				  within or out of Louisiana.
B. The
				  fee charged for sweet potatoes moving to processing plants shall be collected
				  on the basis of the amount of purchase less 10 percent for breakdown and
				  shrinkage while in storage.
C. A
				  fee of $0.10 per thousand shall be charged for vines, plants, slips or cuttings
				  moved or shipped within or out of Louisiana.
D. Method of assessing fees and time when
				  fees are to be assessed.
1. Fresh Market
a. Fees will be assessed based on average
				  marketable yield per acre for each acre of sweet potatoes planted. The
				  Louisiana Sweet Potato Advertising and Development Commission will determine
				  the average yield.
b. The total
				  acres planted by each producer will be officially determined through the use of
				  global positioning technology or other, similarly technical means, under
				  departmental oversight. Each producer will be provided a mapped copy of his
				  production fields and the acres of each field.
c. One-half of the total fee assessment shall
				  be paid on or before October 15 of each year and the remaining balance shall be
				  paid on or before December 15 of each year.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter C - Sweet Potato Weevil Quarantine › Section XV-145 - Penalties for Violation of Sweetpotato Weevil Quarantine

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person violating any portion of the
				  sweetpotato weevil quarantine regulations, or any portion of a signed
				  compliance agreement with the department, may be called to an adjudicatory
				  hearing held in accordance with the Administrative Procedure Act and may be
				  subject to a civil penalty of not more than $5,000 per each violation per day.
				  Proportionate costs of the hearing may be assessed against the violator. The
				  amount of these costs shall be limited to attorneys' fees as charged to the
				  department for the actual hearing and preparation for the hearing; and actual
				  cost of departmental personnel time in processing violations.
B. A sweet potato dealer's permit may be
				  suspended, revoked or placed on probation if the holder thereof fails to comply
				  with the provisions of these regulations or with the provisions of a signed
				  compliance agreement with the department, subject to a finding in support of
				  such action in a properly conducted adjudicatory hearing.
C. Sweet potato plantings found in a
				  non-sweet potato area may be destroyed at the expense of the person or persons
				  responsible for the plantings.
D.
				  Regulated material found in violation of these regulations or in violation of a
				  signed compliance agreement with the department may be destroyed and/or
				  disposed of in a manner approved by the department at the expense of the person
				  or persons responsible for the regulated material.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1655 and
					 R.S.
					 3:1732.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter C - Sweet Potato Weevil Quarantine › Section XV-147 - Sweet Potato Dealer's Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  persons, including sweet potato growers and farmers, commercially growing,
				  selling or offering for sale sweet potatoes shall not grow, move, clean, grade,
				  pack or repack for sale, or process in any manner sweet potatoes without a
				  valid Sweet Potato Dealer's Permit.
B. Applicants for Sweet Potato Dealer's
				  Certificate Permit shall complete and file the application required by the
				  department, which shall set forth the following conditions:
1. a guarantee to reimburse any purchase
				  price of sweet potatoes which are confiscated because of sweetpotato weevil
				  infestation or unauthorized sale, offer for sale or movement;
2. an agreement to permit, at the dealer's
				  cost, the disposal or destruction by an inspector of the department or the
				  return to point of origin of any sweet potatoes sold, offered for sale, moved
				  or moving without authorization, or infested with sweetpotato weevil;
3. a signed agreement to comply with any and
				  all sweet potato quarantine regulations and any conditions specified in the
				  agreement.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter D - Pink Bollworm Quarantine Regulations › Section XV-149 - Applicability of General Quarantine Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Cotton plants, plant products and parts
				  thereof and host materials for the pink bollworm are subject to all pertinent
				  provisions of the general quarantine regulations and to the regulations
				  contained in this Subchapter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter D - Pink Bollworm Quarantine Regulations › Section XV-151 - Definitions Applicable to Pink Bollworm

Current through Register Vol. 50, No. 6, June 20, 2024
Approved Gin
-a gin with a pink bollworm
					 kill efficiency rating of 90 percent or better.
Disinfected
or
Disinfested
					 Seed
-cottonseed treated in a manner and by a method approved by the
					 state entomologist to kill pink bollworm present in any stage of
					 development.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter D - Pink Bollworm Quarantine Regulations › Section XV-153 - Articles Restricted or Prohibited for Intrastate Movement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulated
				  articles may not be moved from a regulated area to a pest-free area except
				  under certification.
B. Untreated
				  and/or unmanufactured regulated articles may not be moved within a regulated
				  area except under permit.
C. The
				  following articles are exempt from the prohibition contained in this Section
				  under conditions as shown for each article:
1. compressed baled cotton lint, linters and
				  lint cleaner waste when such products have been given standard or equivalent
				  compressions;
2. samples of cotton
				  lint and cotton linters of the usual trade size;
3. cottonseed cake;
4. cottonseed meal; and
5. edible okra grown within a locality in
				  which no pink bollworm is known to be present.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter D - Pink Bollworm Quarantine Regulations › Section XV-155 - Certificates for Intrastate Movement

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to pertinent requirements
				  contained in the general quarantine regulations (Subchapter A of this Chapter),
				  the following conditions apply to issuance of certificates.
1. Cottonseed. A certificate for intrastate
				  movement of cottonseed will be issued only when the cottonseed are ginned in an
				  approved gin with an approved treatment under the supervision of a department
				  inspector.
2. Cottonseed Hulls
				  Produced from Treated Cottonseed. Certificates for intrastate movement of
				  treated cottonseed hulls from a regulated area may be issued when such hulls
				  are:
a. produced from sterilized seed
				  originating in a regulated area;
b.
				  processed in an authorized cotton oil mill under the supervision of an
				  inspector; and
c. subsequently
				  protected from infestation.
3. Cottonseed Hulls Produced from Untreated
				  Cottonseed. Certificates for intrastate movement of untreated cottonseed hulls
				  from a regulated area may be issued when the hulls are produced from
				  unsterilized seed processed in a designated oil mill and treated by passing
				  through an approved fan.
4. Okra
a. Certificates for the intrastate movement
				  of edible okra originating in a regulated area outside the state of Louisiana
				  may be issued when the shipment is inspected and found to be free of pink
				  bollworm infestation.
b. Dried okra
				  seed originating in a regulated area shall be disinfected in an approved manner
				  before being permitted to move within or outside of the regulated
				  area.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter D - Pink Bollworm Quarantine Regulations › Section XV-157 - Limited Permits for Intrastate Movement

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to pertinent requirements
				  contained in the general quarantine regulation (Subchapter A of this Chapter),
				  the following conditions apply to issuance of limited permits.
1. Cotton Lint and Linters. Cotton lint or
				  linters, either baled or unbaled, may be moved intrastate to designated cotton
				  compresses or approved processing plants with a limited permit.
2. Non-Certified Regulated Articles.
				  Non-certified regulated articles may be moved intrastate under a limited permit
				  only to authorized and designated cotton gins, cottonseed oil mills or
				  processing and manufacturing plants and only for treatment incidental to
				  preparing such products for certification. In such event, operators of cotton
				  gins, cottonseed oil mills and other manufacturing plants must agree in writing
				  to the following:
a. to segregate processed
				  regulated articles from non-processed regulated article;
b. to assure efficient functioning of
				  processing equipment;
c. to dispose
				  of gin trash and/or waste on a daily basis;
d. to use uncontaminated containers for
				  processed products to prevent contamination;
e. to maintain the identity of regulated and
				  non-regulated products;
f. to
				  maintain such other sanitary safeguards against the establishment and spread of
				  infestation as may be required by the state entomologist; and
g. to comply with any other restrictions as
				  to handling and subsequent movement of regulated articles as may be required by
				  the state entomologist.
3. Untreated Cottonseed. A limited permit may
				  be issued for the intrastate movement of untreated cottonseed from an approved
				  cotton gin to a designated oil mill or other authorized processing plant under
				  such conditions as may be stipulated in the dealer-carrier agreement.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter D - Pink Bollworm Quarantine Regulations › Section XV-159 - Treatment Required for Materials Originating in Regulated Areas

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
				  contaminated with cotton products originating from states other than Louisiana
				  which are infested with pink bollworm or from a regulated area within
				  Louisiana, the following shall not be moved interstate or intrastate until
				  freed from contamination to the satisfaction of an inspector:
1. railway cars, trucks or other
				  vehicles;
2. cotton bagging or
				  other containers of cotton;
3.
				  cotton processing machinery;
4.
				  farm household goods;
5. farm
				  equipment;
6. used picking
				  sacks;
7. personal belongings of
				  transient pickers;
8. farm
				  products; and
9. any other
				  contaminated articles.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter D - Pink Bollworm Quarantine Regulations › Section XV-161 - Cultural and Other Requirements in Regulated Areas

Current through Register Vol. 50, No. 6, June 20, 2024
A. Destruction of Cotton Plants
1. Immediately after harvesting a commercial
				  crop, and not later than December 31 in any year, all cotton plants and parts
				  thereof shall be plowed under and thoroughly covered to expedite decay of this
				  material, provided that the state entomologist may approve other methods of
				  destruction under conditions as shown in this Section.
2. The state entomologist may approve close
				  grazing of cotton fields, in lieu of plowing, under conditions stipulated in
				  the dealer-carrier agreement. Application for approval for close grazing in
				  lieu of plowing must be made, in writing, to the department no later than
				  November 1 in any given year.
3.
				  The state entomologist may issue a special permit to allow shredding of cotton
				  stalks with a conventional rotary shredder prior to December 31, in lieu of
				  plowing, for fields which have been planted to leguminous cover crops prior to
				  harvest of the cotton crop. Application for this permit must be made to the
				  state entomologist prior to November 1 in any given year.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter D - Pink Bollworm Quarantine Regulations › Section XV-163 - Dealer-Carrier Agreement

Current through Register Vol. 50, No. 6, June 20, 2024
A. As a
				  condition for the issuance of certificates or limited permits for intrastate
				  movement of regulated articles by persons engaged in purchasing, assembling,
				  ginning, processing, transporting or storing such regulated articles, such
				  persons must have a dealer-carrier agreement with the department. Holders of
				  dealer-carrier permits must agree to:
1.
				  maintain an accurate record of receipts and sales, shipments or services and
				  such record shall be available at all times for examination by an inspector;
				  and
2. carry out any and all
				  conditions, treatments, precautions and sanitary measures which may be required
				  by the department.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter E - Repeal of Prior Rules and Regulations › Section XV-165 - Repeal of Prior Rules and Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. All prior rules and regulations adopted
				  and approved in accordance with
				  R.S.
				  3:1651 through 1805 are hereby repealed in
				  their entirety.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter F - Emerald Ash Borer Quarantine › Section XV-167 - Emerald Ash Borer Quarantine

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department issues the following quarantine because the state entomologist has
				  determined that the insect emerald ash borer (EAB),
Agrilus
				  planipennis
, has been found in this state and may be prevented,
				  controlled, or eradicated by quarantine.
B. Quarantined areas in this state include:
1. The entire parishes of Bienville, Bossier,
				  Caddo, Claiborne, Jackson, Morehouse, Lincoln, Ouachita, Union and
				  Webster.
2. a declaration of
				  quarantine for EAB covering any other specific parishes or areas of this state
				  shall be published in the official journal of the state and in the
Louisiana Register
.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter G - Roseau Cane Scale Quarantine › Section XV-169 - Roseau Cane Scale Quarantine

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department issues the following quarantine because the state entomologist has
				  determined that the insect Roseau cane scale ("RCS"),
Nipponaclerda
				  biwakoensis
, has been found in this state and may be prevented,
				  controlled, or eradicated by quarantine.
B. Regulated articles, defined in this
				  Section, are not allowed to move within or outside of the quarantine
				  area.
C. The quarantine area
				  encompasses all areas south of Louisiana Highway 10 beginning at the
				  Mississippi state line (near Bogalusa) and moving west until intersecting
				  Highway 171 in Vernon Parish; then, moving south on Highway 171 continuing to
				  Highway 190 in DeRidder and turning west on Highway 190; continuing on Highway
				  190 until reaching the Sabine River. Quarantine areas in this state include:
1. portions of the following parishes that
				  are south of Louisiana Highway 10:
a.
				  Allen;
b. East Feliciana;
c. Evangeline;
d. Pointe Coupee;
e. St. Landry;
f. St. Helena;
g. Tangipahoa;
h. Vernon;
i. Washington; and
j. West Feliciana;
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter H - Guava Root Knot Nematode Quarantine › Section XV-171 - Guava Root Knot Nematode Quarantine

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The department issues the following quarantine because the state entomologist
				  has determined that the Guava Root Knot Nematode,
Meloidogyne
				  enterolobii
, has been found in this state and may be prevented,
				  controlled, or eradicated by quarantine.
B. Quarantine Areas:
1. the states of Florida, North Carolina, and
				  South Carolina;
2. a declaration of
				  quarantine for guava root knot nematode covering any specific parish or area in
				  Louisiana or any other state shall be published in the official journal of the
				  state and in the
Louisiana Register
.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter I - Lethal Bronzing and Lethal Yellowing Quarantine › Section XV-173 - Lethal Bronzing Quarantine

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department issues the following quarantine because the state entomologist has
				  determined that the disease, lethal bronzing,
Candidatus phytoplasma
				  palmae
, has been found in this state and may be prevented, controlled,
				  or eradicated by quarantine.
B.
				  Quarantine areas in this state include:
1. the
				  entire parishes of East Baton Rouge, Iberia, Jefferson, Orleans and West Baton
				  Rouge.
2. A declaration of
				  quarantine for lethal bronzing covering any other specific parishes or areas of
				  Louisiana shall be published in the official journal of the state and in the
Louisiana Register
.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter I - Lethal Bronzing and Lethal Yellowing Quarantine › Section XV-175 - Lethal Yellowing Quarantine

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department issues the following quarantine because the state entomologist has
				  determined that the disease, lethal yellowing,
Candidatus phytoplasma
				  palmae
, has been found in this state and may be prevented, controlled,
				  or eradicated by quarantine.
B.
1. Quarantine areas in this state include the
				  entire parishes of East Baton Rouge and Jefferson;
2. A declaration of quarantine for lethal
				  yellowing covering any other specific parishes or areas of Louisiana shall be
				  published in the official journal of the state and in the
Louisiana
				  Register
.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-301 - Maintenance Inspection Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				accordance with
				R.S.
				3:1655(D), the state
				entomologist is authorized to assess fees to defray the costs of inspections or
				the issuance of certificates or permits for the shipment of agricultural
				products, commodities, packaging, or equipment. There is hereby established a
				fee for the inspection and certification of cotton for the presence of the boll
				weevil to ensure the marketability of cotton in commerce and maintain
				Louisianas boll weevil-free status. The fee shall be $4 per acre for each acre
				of cotton planted in the state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1604.1, 1652, and
				  1655.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-303 - Definitions Applicable to Boll Weevil

Current through Register Vol. 50, No. 6, June 20, 2024
A. The words and terms defined in
				R.S.
				3:1603 are applicable to this
				Chapter
B. The following words and
				terms are defined for the purposes of this Chapter.
APHIS
-the Animal and Plant Health Inspection
				  Service of the United States Department of Agriculture.
ASCS
-the Agricultural Stabilization and
				  Conservation Service of the United States Department of Agriculture, now known
				  as FSA (Farm Service Agency).
Boll Weevil Eradication Program
-a program
				  which includes the survey, inspection, and monitoring of all regulated articles
				  for the presence of boll weevil, and the subsequent activities, which include
				  but are not limited to the issuance of certificates or permits, required to
				  maintain Louisiana's boll weevil-free status and eradicate the boll weevil
				  should one or more be detected.
Compliance Agreement
-a written agreement
				  between the department and any person engaged in growing, dealing in or moving
				  regulated articles wherein the latter agrees to comply with specified
				  provisions to prevent dissemination of the boll weevil.
Cotton Acre
-any acre of land devoted to the
				  growing of cotton, regardless of row width or planting pattern.
FSA
-the Farm Service Agency of the United
				  States Department of Agriculture (formerly ASCS).
Gin Trash-
all material produced during the
				  cleaning and ginning of seed cotton, bollies or snapped cotton, except lint,
				  cottonseed or gin waste.
Maintenance Inspection Fee
-the fee paid by
				  cotton producers to finance, in whole or in part, a program to inspect cotton
				  for the presence of the boll weevil in the state and to issue certificates or
				  permits in accordance with
				  R.S.
				  3:1655(D). The charge to the
				  producer is calculated at the rate of $4 per acre for each acre of cotton
				  planted in the state.
Penalty Fee
-the fee assessed against a
				  cotton producer for late reporting of acreage, underreporting of acreage, or
				  late payment of maintenance inspection fees. It does not refer to penalty or
				  fine assessed for any violation of the regulations.
Premises
-any parcel of land, including any
				  buildings located thereon, irrigation systems and any other similar locations
				  where the boll weevil is, may be, or where conditions are conducive to
				  supporting the boll weevil.
Seed Cotton
-cotton as it comes from the
				  field prior to ginning.
Used Cotton Equipment
-any equipment used
				  previously to harvest, strip, transport or process cotton.
Waiver
-a written authorization which exempts
				  a person from compliance with one or more requirements of these regulations and
				  the Boll Weevil Eradication Law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1604.1, 1652, and
				  1655.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-305 - Regulated Articles

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following articles shall be regulated:
1. the
				boll weevil;
2. cotton plants and
				bolls;
3. gin trash;
4. seed cotton;
5. used cotton equipment;
6. any other products, articles, means of
				conveyance, or any other item or thing whatsoever which presents the
				possibility of spreading the boll weevil.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-307 - Conditions Governing Movement and Handling of Regulated Articles

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certificate,
				Permit or Written Waiver Required
1.
				Regulated articles moving into, within or from the state of Louisiana shall be
				accompanied by a certificate or permit issued by an authorized regulatory
				official in the state where such articles originated, if such state is other
				than Louisiana, or by the commissioner.
2. Regulated articles may be moved into,
				within or from the state of Louisiana without a certificate or permit, if
				accompanied by documentation confirming the point of origin and a written
				waiver from the commissioner indicating that such movement is consistent with
				the boll weevil eradication program.
3. The certificate, permit or a written
				waiver shall be attached securely to the outside of the container in which the
				regulated articles are moved; or the certificate, permit or written waiver
				shall be attached to the shipping document, provided the document adequately
				describes the regulated articles being moved. Copies of all certificates,
				permits or written waivers shall be furnished by the carrier to the consignee
				at the final destination.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-309 - Compliance Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				commissioner may, as a condition of issuance of a certificate, permit or
				written waiver, require a compliance agreement stipulating one or more
				expressed conditions of the certificate, permit or written waiver, as required
				by the commissioner, which may include but are not limited to:
1. safeguards against the establishment and
				spread of the boll weevil;
2.
				maintenance of identity, handling and subsequent movement of regulated
				articles;
3. requirements for
				cleaning and treating all means of conveyance and all containers used for
				transporting regulated articles;
4.
				any other condition deemed consistent with the purposes of the boll weevil
				eradication program.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-311 - Inspection, Movement and Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner is authorized to stop any
				person and inspect any regulated article or means of conveyance moving into,
				within or from the state of Louisiana when he has reason to believe that such
				regulated article or means of conveyance is infested with the boll weevil. The
				commissioner is authorized to issue a stop order on, seize or treat any
				regulated article found to be infested with the boll weevil moving in violation
				of the boll weevil eradication law or this Chapter and may destroy or otherwise
				dispose of any infested cotton where the destruction of the cotton is necessary
				to effectuate the purposes of the boll weevil eradication program.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1608.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-313 - Purchase and Destruction of Cotton to Effectuate Program Objectives

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				commissioner deems the purchase of cotton necessary to effectuate the purposes
				of the boll weevil eradication program, he shall make a written determination
				to purchase.
1. The written determination to
				purchase shall contain the reasons for the determination, the purchase price,
				and shall be mailed to or served upon the cotton producer. The purchase price
				shall be determined by appraisal, the appraisal shall have been completed
				within 72 hours of the mailing or issuance for service of the written
				determination to purchase, and the appraisal shall, to the extent practical,
				utilize the ASCS farm-established yield for the current year.
2. The cotton producer shall promptly take
				all steps necessary to convey title to the commissioner. In the event that the
				cotton producer fails to take all steps necessary to convey title to the
				commissioner within 10 days of receipt of a written determination to purchase,
				the commissioner may destroy the cotton, compensating the cotton producer for
				the purchase price less the loss of the resale price and cost of
				destruction.
3. If the cotton
				producer does not accept the purchase price contained in the written
				determination to purchase, the purchase shall, nevertheless, be concluded as
				described herein but the cotton producer shall have the right to an appeal in
				the form of a hearing on the decision of price before the commission in
				accordance with the Louisiana Administrative Procedure Act provided the appeal
				is perfected in writing to the commissioner within 30 days of the receipt by
				the cotton producer of the written determination to purchase. The appeal shall
				contain a concise statement of the basis for the appeal, shall have attached a
				clear and readable copy of the written determination to purchase, and shall be
				mailed to or served upon the commissioner within the aforesaid prescribed time
				limit of 30 days.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-314 - Boll Weevil Eradication Zone: Creation

Current through Register Vol. 50, No. 6, June 20, 2024
A. One boll weevil eradication zone is hereby
				created within the state of Louisiana consisting of all the territory within
				the state of Louisiana.
B. This
				boll weevil eradication zone shall be known as the Louisiana Eradication
				Zone.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1609.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-315 - Quarantine: Authority and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner is hereby authorized to
				issue Quarantine Orders to affected parties whenever he determines that a
				quarantine is necessary to effectuate the purposes of the boll weevil
				eradication program.
B. Quarantine
				Orders shall be written and shall describe with particularity the regulated
				articles or premises being quarantined, the nature of the restrictions on the
				regulated articles or premises, the reasons for the issuance of the Quarantine
				Order and the method for affected parties to seek a review of the
				order.
C. A Quarantine Order shall
				be issued for the purpose of preventing the movement, disturbance, or
				noncontainment of an actual or suspected boll weevil infestation or the
				prevention of a boll weevil infestation.
D. Any affected party may request and receive
				a hearing on the issuance and maintenance of a Quarantine Order before the
				commission in accordance with the Louisiana Administrative Procedure Act
				provided the affected party requests the hearing within 30 days of receipt by
				the affected party of notice of the Quarantine Order.
E. The notice provisions contained in this
				Section are in addition to those notice provisions contained in
				R.S.
				3:1609(E).
F. All persons and all parties affected by a
				quarantine shall cooperate in the affectation of the quarantine and shall do
				nothing to cause a breach of the terms of the quarantine order.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1608.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-317 - Aiding and Abetting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				who aids and abets another person in any act or omission which constitutes a
				violation of the Boll Weevil Eradication Law or these regulations shall be in
				violation of the Boll Weevil Eradication Law and these regulations. Each act or
				omission of aiding and abetting shall be a separate offense and each day on
				which the underlying violation which was aided and abetted occurs shall also be
				a separate offense, but two violations may not result from one act or omission
				which occurred on a single day.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1612.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-319 - Reporting of Cotton Acreage

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				cotton producers growing cotton in the state of Louisiana shall certify their
				planted cotton acreage by the later of July 15 or at final certification of the
				current growing season at the FSA office responsible for the parish or parishes
				in which they produce cotton. The certification shall be filed for each year of
				the program and shall include the actual acreage and location of cotton planted
				during the current growing season.
B. All cotton producers growing cotton in the
				state of Louisiana shall, for each year of the program, also complete and sign
				a cotton acreage reporting and payment form provided by the commissioner and
				return the signed and completed form to the department along with FSA Form 578
				at the time that the maintenance inspection fee is paid to the
				department.
C. Noncommercial cotton
				shall not be planted in the Louisiana Eradication Zone unless an application
				for a written waiver has been submitted in writing to the commissioner stating
				the conditions under which such written waiver is requested, and unless such
				written waiver is granted by the commissioner. The commissioner's decision to
				grant or deny a written waiver for noncommercial cotton shall include
				consideration of the location, size, pest conditions, accessibility of the
				growing area, any stipulations set forth in any compliance agreement between
				the applicant and the commissioner, and any other factors deemed relevant to
				effectuate the boll weevil eradication program.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1604.1, 1607, 1609, and
				  1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 3 - Boll Weevil › Section XV-323 - Program Participation [Formerly Section 327]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All cotton producers growing cotton in
				Louisiana shall participate in the boll weevil eradication program in
				accordance with the Louisiana boll weevil eradication law and these
				regulations.
B. Cotton producers
				shall destroy cotton stalks in every field planted in cotton, on or before
				December 31 of each crop year. Cotton stalk destruction shall consist of
				shredding or disking in a manner that destroys standing cotton stalks. Cotton
				stalks that come up in a failed field must also be destroyed by December 31 of
				the crop year. Failure to destroy stalks by December 31 of each crop year shall
				be a violation of this Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1609, 1612, and
				  1613.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 5 - Honey Bees and Apiaries (Formerly LAC 7:XXI.Chapter 25) › Section XV-503 - Restrictions on Movement of Bees or Regulated Articles into Louisiana (Formerly LAC 7:XXI.2511)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Movement
				of bees or regulated articles from regulated areas into Louisiana may require
				prior written authorization issued by the commissioner, state entomologist or
				department.
B. If the state
				entomologist or his agents find that any bees and/or regulated articles have
				been brought into this state in violation of any laws and/or regulations
				governing apiaries, the bees and/or regulated articles may be immediately
				placed under stop order until released by the commissioner or state
				entomologist. Upon inspection, the bees or regulated articles may be placed
				under quarantine. Any violation of stop order or quarantine shall constitute a
				violation of the apiary law and regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:2308 and
				  R.S.
				  3:2303.