reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 5 - Tax Credit for Certain Milk Producers › Section XXXI-501 - Purpose and Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				regulations implement the provisions of
				R.S.
				47:6032.
B. These regulations are effective for
				taxable periods beginning on or after January 1, 2007.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:2(A) and
				  R.S.
				  47:6032(B).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 5 - Tax Credit for Certain Milk Producers › Section XXXI-505 - Cooperative Endeavor Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				For the purpose of implementing the provisions of Acts 2007, No. 461 and these
				regulations LDAF, through the Commissioner, may enter into cooperative endeavor
				agreements with other state agencies, federal agencies, or private
				entities.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:2(A) and
				  R.S.
				  47:6032(B).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 5 - Tax Credit for Certain Milk Producers › Section XXXI-507 - Responsibilities of Milk Producers and Milk Handlers

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be the responsibility of any milk
				producer who wants to apply for a tax credit in the year for which the credit
				is applied for to:
1. hold a milk producer
				permit during the year for which the credit is applied for under Louisiana
				Administrative Code, Title 51, Public Health- Sanitary Code, Part VII, Milk,
				Milk Products, and Manufactured Milk Products and meet the requirements of the
				2007 revision to the Grade A Pasteurized Milk Ordinance of the United States
				Food and Drug Administration;
2.
				ensure that the records of the Department of Health and Hospitals reflect that
				during the year for which the credit is applied for the milk producer was in
				compliance with the requirements set out in Paragraph 1 for purposes of being
				certified as a milk producer;
3.
				timely submit to LDAF a properly completed and signed information release
				form;
4. timely submit to LDAF a
				properly completed and signed non-pool milk form for the year for which the
				credit is applied for if the milk producer's milk did not go into the FMMO milk
				pool for Louisiana and is not listed on a non-pooled milk form submitted by the
				milk producer's milk handler. The form shall certify the amount of such
				non-pool milk produced by the milk producer for that year and the reasons why
				the milk is non-pooled milk and why the milk is not listed on the certification
				form submitted by the milk handler;
5. timely submit to LDAF all other forms and
				information, properly completed and signed, that may be required by that
				department;
6. timely submit an
				application for the tax credit to the Department of Revenue on forms supplied
				by that department and in accordance with that department's regulations and
				policies.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 5 - Tax Credit for Certain Milk Producers › Section XXXI-509 - Forms; Distribution

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				forms required by these regulations to be filled out and submitted by a milk
				producer or milk handler may be obtained from LDAF.
B. LDAF shall submit all forms relative to
				the tax credit which are received from milk producers and milk handlers to the
				proper state or federal agency or other appropriate entity.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:2(A) and
				  R.S.
				  47:6032(B).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 5 - Tax Credit for Certain Milk Producers › Section XXXI-511 - Determination of the Announced Production Price

Current through Register Vol. 50, No. 6, June 20, 2024
A. The announced production price shall be
				determined based on the following factors:
1.
				the average uniform price of milk in the top five states from which milk is
				imported to Louisiana;
2. the
				average transportation cost of importing milk from those five states;
3. the cost of production in
				Louisiana.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 5 - Tax Credit for Certain Milk Producers › Section XXXI-513 - Determination of Tax Credit for Individual Producers and Eligible Quarters

Current through Register Vol. 50, No. 6, June 20, 2024
A. LDAF shall, no
				later than April 30 of each year, provide the Department of Revenue with a
				chart for the previous year for which the credit is applied for showing the
				names of each participating certified milk producer, the amount of milk
				produced by each, the anticipated amount of tax credit each certified milk
				producer is eligible to receive, and any other information necessary or proper
				for the Department of Revenue to pay the tax credits.
1. Prior to submission of the chart to the
				Department of Revenue, a review committee composed of a person appointed by the
				commissioner, one person appointed by the secretary of health and hospitals,
				one person appointed by the secretary of revenue, and one certified milk
				producer appointed by the commissioner shall review and approve the
				chart.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 5 - Tax Credit for Certain Milk Producers › Section XXXI-515 - Payment of Tax Credit

Current through Register Vol. 50, No. 6, June 20, 2024
A. The tax
				credit shall be paid by the Department of Revenue to a certified milk producer
				based on the name and tax identification number listed on the chart that LDAF
				provides to the Department of Revenue.
B. LDAF shall determine the name and tax
				identification number of the certified milk producer based on the name and tax
				identification number listed on the information release form.
C. If two or more milk producers combined
				their milk under one certified milk producer's permit then the division of the
				tax credit among such milk producers shall be the responsibility of those milk
				producers and not the responsibility of either LDAF or the Department of
				Revenue.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:2(A) and
				  R.S.
				  47:6032(B).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 5 - Tax Credit for Certain Milk Producers › Section XXXI-517 - Certification of Non-Pooled Milk

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				LDAF may certify non-pooled milk for inclusion in determining the amount of tax
				credit due to a certified milk producer if a non-pooled milk form or list is
				submitted by the certified milk producer or on his behalf by a milk handler not
				later than January 31 of the year immediately following the year for which the
				credit is applied for.
B. The milk
				producer or milk handler shall provide LDAF with documentation sufficient to
				show that the non-pooled milk was commercially produced in Louisiana and the
				reason why the milk is non-pooled milk.
C. LDAF may investigate the circumstances and
				require the milk producer or milk handler to provide additional information in
				determining whether the non-pooled milk is to be used for determining the milk
				producer's tax credit.
D. If LDAF
				determines that the non-pooled milk is to be used for determining the certified
				milk producer's tax credit then LDAF shall notify the milk producer of that
				determination and provide the information to the person or entity making the
				tax credit calculations.
E. If LDAF
				determines that the non-pooled milk is not to be used for determining the milk
				producer's tax credit then LDAF shall notify the milk producer of that
				determination on or before February 28 of the year immediately following the
				year for which the credit is applied for.
F. Any milk producer who is aggrieved by a
				decision of LDAF regarding the eligibility of non-pooled milk may petition the
				commissioner for an administrative hearing to determine the validity of the
				decision by LDAF.
1. Any such petition must
				be filed within 30 days after the milk producer receives notice from LDAF of
				the decision the milk producer is appealing.
2. The administrative hearing shall be held
				within 30 days after receipt of the milk producer's petition. The
				administrative hearing shall be conducted in accordance with the provisions of
				the Administrative Procedure Act.
3. The commissioner may conduct the hearing
				or appoint a hearing officer to conduct the hearing and make a recommendation
				to the commissioner. In all cases the commissioner shall make the final
				administrative decision.
4. Any
				petition for judicial review of the commissioner's decision shall be filed in
				accordance with the Administrative Procedure Act and within the time limits set
				out in the APA.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 5 - Tax Credit for Certain Milk Producers › Section XXXI-519 - Notices

Current through Register Vol. 50, No. 6, June 20, 2024
A. LDAF shall
				publish the announced production price and list of eligible quarters in the
				Potpourri Section of the
Louisiana Register
and disseminate
				this information to milk producers by means reasonably calculated to provide
				notice to the milk producers.
B.
				LDAF shall notify each participating certified milk producer of the amount of
				tax credit that the milk producer is entitled to at the time that the chart of
				tax credits is submitted to the Department of Revenue.
C. All announcements and notices relative to
				the tax credit that LDAF is required to provide by law or these regulations to
				milk producers shall be provided by means reasonably calculated to provide
				notice to the milk producers.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:2(A) and
				  R.S.
				  47:6032(B).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 5 - Tax Credit for Certain Milk Producers › Section XXXI-521 - Disputes Regarding Milk Producer Tax Credit Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. All disputes
				regarding whether a milk producer is or is not a certified milk producer shall
				be decided by the Department of Health and Hospitals in accordance with the
				regulations and policies of that department.
B. All disputes regarding eligibility for a
				tax credit or the amount thereof due the milk producer under the provisions of
				R.S.
				47:6032 shall be decided by the Department of
				Revenue in accordance with the regulations and policies of that
				department.
C. All disputes
				regarding certification of the amount of non-pooled milk produced during a
				calendar year shall be decided by the commissioner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:2(A) and
				  R.S.
				  47:6032(B).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 5 - Tax Credit for Certain Milk Producers › Section XXXI-523 - Confidentiality of Records; Maintenance of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. All information provided by a milk
				producer or milk handler to LDAF or to other state or federal agencies and any
				information received by LDAF from other state or federal agencies that is
				declared by the milk producer or milk handler to be proprietary or trade secret
				information, or which is considered to be confidential under the U.S. or
				Louisiana Constitutions or by Louisiana law shall be treated by LDAF as
				confidential information that is exempt from Louisiana's public records
				laws.
B. LDAF's records relative to
				the tax credit shall be maintained for a period of three years.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:2(A) and
				  R.S.
				  47:6032(B).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-101 - Applicability of Federal Laws and Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notwithstanding any other provision of
				this Chapter to the contrary no provision of any regulation in this Chapter
				shall exempt any person subject to the Louisiana Meat and Poultry Inspection
				Law, (R.S.
				3:4201 et seq.), or participating in the
				Louisiana Cooperative Federal/State Meat and Poultry Inspections Program from
				any applicable federal law or regulation, including but not limited to the
				following:
1. the Federal Food, Drug, and
				Cosmetic Act, (21 U.S.C. §
											301 et seq.), and regulations promulgated in
				the Code of Federal Regulations pursuant to the Act;
2. the Federal Meat Inspection Act,
				(21 U. S. C. §
											601 et seq.), and regulations promulgated in
				the Code of Federal Regulations pursuant to the Act;
3. the Federal Poultry Products Inspection
				Act, (21 U.S.C. §
											451 et seq.), and regulations promulgated in
				the Code of Federal Regulations pursuant to the Act;
4. the Federal Humane Methods of Livestock
				Slaughter Act, (7 U.S.C. §
											1901 et seq.) and regulations promulgated in
				the Code of Federal Regulations pursuant to the Act.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-105 - Persons Required to Register

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The following persons shall register with the department prior to conducting
				intrastate operations and commerce:
1. meat
				brokers, renderers and animal food manufacturers;
2. wholesalers of any carcasses or parts of
				carcasses of any cattle, sheep, poultry, swine, goats, horses, mules or other
				equines, whether the product is intended for human consumption or
				not;
3. public warehousemen who
				store carcasses or parts of carcasses of any cattle, sheep, poultry, swine,
				goats, horses, mules or other equines;
4. buyers, sellers, and transporters of any
				dead, dying, disabled or diseased animals or parts of carcasses of such
				animals;
5. meat brokers;
6. meat jobbers;
7. meat processors;
8. slaughters, including custom
				slaughters;
9. processors,
				including custom processors;
10.
				combination custom slaughterers and processors;
11. educational programs where carcasses or
				parts of carcasses are slaughtered, processed, or both;
12. any combination of the above.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-107 - Licenses for Establishments Coming under Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. All persons operating a slaughtering,
				processing, or combination slaughtering/processing establishment, or as a
				custom slaughterer, custom processor or a combination custom slaughterer and
				processor shall obtain a license from the department for each establishment
				prior to conducting intrastate operations or commerce.
B. All applications for licenses shall
				consist of a completed Form 401 submitted to the department at 5825 Florida
				Boulevard, Baton Rouge, LA 70806. Form AHS-09-54 is available on request from
				the department.
C. A license number
				shall be assigned to each establishment upon the department's approval of the
				application. The license shall be issued to the establishment within 30 days of
				final approval, in one of the following categories:
1. slaughter;
2. processing;
3. custom;
4. any combination of Paragraphs 1, 2 or 3
				above.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-109 - Change of Ownership of Licensed Establishments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever the ownership or operation of a
				licensed establishment changes, the new owner or operator must submit an
				application for a license to the department at least 30 days prior to the date
				the change in ownership or operation is to take place.
B. Within 30 days of change of ownership or
				operation, the new owner or operator shall submit to the department a certified
				copy of the act of sale, lease agreement or other legal document showing change
				of ownership or operation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4232.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-111 - Exemption

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person or
				establishment shall be exempt, under the Louisiana Meat and Poultry Inspection
				Law, from the inspections of the slaughter of animals and the preparation of
				the carcasses, parts thereof, meat and meat food products at establishments
				conducting such operations except as provided in
				R.S.
				3:4215 and 4216.
B. Establishment at which the slaughter of
				animals and the preparation of the carcasses, parts thereof, meat, poultry, and
				meat and poultry food products are exempt from inspection under
				R.S.
				3:4215 and 4216 shall conduct slaughtering
				and processing operations under the same sanitary standards as are required of
				slaughter and processing establishments that engage in interstate operations or
				commerce.
C. No retail store,
				restaurant, or similar retail type establishment shall qualify for any
				exemption provided for in
				R.S.
				3:4215 and 4216 unless the establishment
				otherwise qualifies as a retail store or restaurant under The Federal Meat
				Inspection Act and regulations promulgated pursuant to the Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4232.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-113 - Removal of Inspection Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				An assigned inspector may, upon proper justification, withhold inspection
				services for an inspected plant for a period not to exceed six hours, but may
				not withhold inspection services for a period longer than six hours. If for any
				reason the assigned inspector leaves the plant during the period when
				inspection services are withheld, he shall be available to the plant within one
				hour of notification of correction of the situation justifying the withholding
				of inspection services.
B. An area
				supervisor may, upon proper justification, withhold inspection services for a
				period not to exceed a total of 12 hours from the time when inspection services
				were first withheld.
C. The state
				office of the meat and poultry inspection program may withhold inspection
				services for an indefinite period of time upon proper justification.
D. An informal public hearing shall be held
				on the next working day following the initial withholding of inspection
				services upon the request of the establishment.
E. Inspection services may not be permanently
				withdrawn by the department except following a public hearing on the matter
				conducted in accordance with
				§121 of this Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4232.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-115 - Inspection Brands; Hot Brands; Replacement Brands

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall furnish an
				appropriate number of inspection brands to the establishment upon initial
				approval for inspection.
B. The
				establishment shall furnish the required number of hot brands and the number
				provided shall be provided to the department.
C. The establishment shall notify the
				assigned inspector when replacement brands are needed, providing the following
				information to the assigned inspector:
1. the
				name and address of the brand manufacturer preferred by the establishment;
				and
2. the number and kind of
				brands needed.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-117 - Stamping of Carcasses

Current through Register Vol. 50, No. 6, June 20, 2024
A. All beef,
				calf and veal carcasses must be stamped with not less than two stamps per side.
				At least one stamp shall be affixed, on each side, in each of the numbered
				portions illustrated in Figure 7 in Appendices (§137. A and §139)
				attached immediately following.
B.
				All swine carcasses must be stamped with not less than two stamps per side. At
				least one stamp shall be affixed, on each side, in each of the numbered
				portions illustrated in Figure 8 in Appendices (§141).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4232.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-119 - Inspection upon Movement of Meat and Meat Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. All carcasses, parts of carcasses, meat
				and meat products brought into any slaughtering, meat canning, salting,
				packing, rendering or similar establishment must originate from an
				establishment under inspection.
B.
				All carcasses, parts of carcasses, meat or meat products which are inspected
				and passed at any slaughtering, meat canning, salting, packing, rendering or
				similar establishment before movement there from, which is later returned to
				the same establishment, must be re-inspected upon return before further
				treatment or processing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4232.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-121 - Appeals from Decisions of the Cooperative Federal/State Meat and Poultry Inspection Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				owning or operating an establishment that is subject to inspection or these
				rules and regulations may appeal any dispute of any decision made by an
				inspector in accordance with the procedures set forth in this rule.
B. If the person disputes the methods used by
				any inspector in the program, such person shall first make his objections known
				to the inspector.
C. If the person
				objecting and the inspector cannot resolve the dispute, the person objecting
				shall immediately notify the area supervisor of the dispute and the basis for
				the dispute.
D. If the dispute
				cannot be resolved by conference with the area supervisor, the person objecting
				shall then notify the department's program manager of the meat and poultry
				inspection program within three business days after the conference. Such
				notification may be verbal but shall be confirmed in writing within three days
				after the verbal notification.
E.
				If the person objecting and the program manager cannot resolve the dispute the
				person objecting may petition the commissioner, in writing, for a resolution of
				the dispute within three business days after the program manger makes his
				decision.
F. The commissioner may
				appoint a designee who does not work in the meat and poultry inspection program
				meditate the dispute. If the mediation is unsuccessful or the commissioner
				determines that a public hearing is necessary to resolve the dispute then the
				commissioner may set a public hearing to resolve the dispute. Any public
				hearing shall be conducted in accordance with the Administrative Procedure
				Act.
G. No license shall be
				suspended or revoked from any establishment without a full hearing on the
				matter in accordance with
				R.S.
				3:4233 and the Administrative Procedure
				Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4232.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-123 - Taking of Blood Samples

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				slaughter establishment under inspection shall be responsible for the
				identification of animals and the maintenance of records as provided in this
				rule.
B. Any cattle that are not
				officially backtagged upon receipt shall be identified by an official backtag,
				properly placed.
C. The name and
				address of the consignor and the name and address of the owner of the herd of
				origin, if different from the consignor, shall be recorded on forms provided by
				the department, the original of which shall be transmitted to the department
				and the copy of which shall be maintained in the establishment's
				files.
D. The assigned inspector
				shall take a blood sample from all cattle received at the
				establishment.
E. The assigned
				inspector shall be responsible for collection and identification of all blood
				samples, and for packaging and transmission of blood samples, corresponding
				backtags and forms to the diagnostic laboratory.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4232.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-125 - Overtime and Holiday Inspection Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department of Agriculture and Forestry
				shall perform inspection services for official establishments, without charge,
				up to a 40 hours workweek Monday through Friday.
B. The department shall charge to and be
				reimbursed by official establishments an hourly overtime rate per department
				employee providing overtime inspection services to the official establishment.
				The overtime periods and rate per period are as follows:
1. $25 per hour for inspection services
				provided for more than 40 hours in any workweek Monday through
				Friday;
2. $30 per hour for
				inspection services provided on a Saturday or Sunday that is not otherwise a
				legal holiday established by
				R.S.
				1:55;
3. $35 per hour for inspection services
				provided on days of public rest and legal holidays, other than Saturdays and
				Sundays, observed by the departments of the state in accordance with
				R.S.
				1:55;
4. overtime inspection services shall be
				billed at a minimum of two hours at the appropriate rate. Time spent providing
				inspection services in excess of two hours shall be billed in increments of
				quarter hours, with the time being rounded up to the next quarter
				hour.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-127 - Appeals from Decisions of the Cooperative Federal/State Meat and Poultry Inspection Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person,
				firm, association or corporation which is subject to any of the inspection
				procedures and/or requirements contained in the federal meat and poultry
				inspection regulations, USDA Handbook 191, or these rules and regulations may
				appeal any decision made thereunder in accordance with the procedures set forth
				in this rule.
B. If the person,
				firm, association or corporation disagrees with the methods used by any
				inspector in the program, such person, firm, association or corporation shall
				first make his objections known to the inspector.
C. If the differences cannot be resolved by
				this informal method, the person, firm, association or corporation objecting
				shall immediately notify the area supervisor of the objections and the basis
				therefor.
D. If the differences
				cannot be resolved by conference with the area supervisor, the person, firm,
				association or corporation objecting shall then notify the state office of the
				meat and poultry inspection program. Such notification may be verbal but shall
				be confirmed in writing within three days after the verbal
				notification.
E. If the difference
				cannot be resolved by this method, the person, firm, association or corporation
				may petition the commissioner of agriculture, in writing, for a full public
				hearing on the matter.
F. The
				commissioner of agriculture shall call a public hearing on the matter within 15
				days of the date of receipt of such petition, which hearing shall be conducted
				within 30 days of the date on which the call is issued.
G. No permit shall be permanently removed
				from any establishment without a full hearing on the matter. Whenever, for any
				reason, the commissioner of agriculture contemplates the permanent withdrawal
				of a permit for inspection services, he shall call a public hearing on the
				matter.
H. Notice shall be given to
				the affected person, firm, association or corporation, as required by the
				Administrative Procedure Act, setting forth the following:
1. a statement of the time, place and nature
				of the hearing;
2. a statement of
				the legal authority and jurisdiction under which the hearing is to be
				held;
3. a reference to the
				particular Sections of the statutes and rules involved; and
4. a short and plain statement of the matters
				asserted.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-129 - Hearings on Alleged Violations of Law and/or Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever any establishment which is
				subject to the requirements of the State Meat and Poultry Inspection Act
				(R.S.
				40:2271-R.S. 40:2299), the Federal Meat and
				Poultry Inspection Regulations, USDA Handbook 191 and/or these rules and
				regulations appear to be in violation of any provision(s) thereof, the
				commissioner of agriculture shall convene a public hearing on the matter, which
				hearing shall be conducted in accordance with
				§127 hereof.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  40:2300.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-131 - Taking of Blood Samples

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				slaughter establishment under inspection shall be responsible for the
				identification of animals and the maintenance of records as provided in this
				rule.
B. Any cattle that are not
				officially backtagged upon receipt shall be identified by an official backtag,
				properly placed.
C. The name and
				address of the consignor and the name and address of the owner of the herd of
				origin, if different from the consignor, shall be recorded on forms provided by
				the Department of Agriculture, the original of which shall be transmitted to
				the Department of Agriculture and the copy of which shall be maintained in the
				establishment's files.
D. The
				assigned inspector shall take a blood sample from all cattle received at the
				establishment.
E. The assigned
				inspector shall be responsible for collection and identification of all blood
				samples, and for packaging and transmission of blood samples, corresponding
				backtags and forms to the diagnostic laboratory.
F. Failure to comply with the provisions of
				this rule shall subject the slaughter establishment to prosecution under the
				provisions of
				R.S.
				3:2096 and/or R.S. 40:2296.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:2096, R.S. 40:2300 and R. S.
				  40:2296.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-133 - Overtime and Holiday Inspection Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department of Agriculture and Forestry
				shall perform inspection services for official establishments, without charge,
				up to a 40 hours workweek Monday through Friday.
B. The department shall charge to and be
				reimbursed by official establishments an hourly overtime rate per department
				employee providing overtime inspection services to the official establishment.
				The overtime periods and rate per period are as follows:
1. $25 per hour for inspection services
				provided for more than 40 hours in any workweek Monday through
				Friday;
2. $30 per hour for
				inspection services provided on any Saturday or Sunday that is not otherwise a
				legal holiday established by
				R.S.
				1:55;
3. $35 per hour for inspection services
				provided on days of public rest and legal holidays, other than Saturdays and
				Sundays, observed by the departments of the state in accordance with
				R.S.
				1:55;
4. overtime inspection services shall be
				billed at a minimum of two hours at the appropriate rate. Time spent providing
				inspection services in excess of two hours shall be billed in increments of
				quarter hours, with the time being rounded up to the next quarter
				hour.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-135 - Meat, Poultry and Seafood Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. There is hereby established and henceforth
				there shall be a monthly fee to be paid by retailers, as defined in
				R.S.
				47:301, for red meat, poultry and seafood.
				The fee shall be an amount equal to 0.87 percent of the wholesale value of all
				sales of red meat, poultry and seafood sold in Louisiana. The fee shall be
				known as the meat, poultry and seafood fee. The department may adopt and
				publish guidelines which facilitate calculation and collection of this
				fee.
B. For purposes of
				administration and convenience, the meat, poultry and seafood fee shall be paid
				by retailers at the same time and in the same manner as retail sales taxes are
				remitted. The meat, poultry and seafood fee shall be forwarded by the retailer
				to the Department of Revenue and Taxation. The meat, poultry and seafood fee
				shall be delinquent if not paid by the due date provided in law for the
				remittance of Louisiana Retail Sales Tax.
C.
1. Any
				retailer failing to pay the meat, poultry and seafood fee established herein
				shall be subject to a reasonable civil fine of not more than $50, which fine
				may be levied by the Department of Agriculture and Forestry upon a finding of
				intentional delinquency of all or a part of any fees due after the conduct of
				an adjudicatory hearing in accordance with the Louisiana Administrative
				Procedure Act. Each day of delinquency shall be considered a separate offense
				and violation.
2. In any such
				adjudicatory hearing pertaining to delinquency, the establishment by competent
				evidence that the respondent is a retailer of meat, poultry, or seafood
				products and that the fee has not been paid by the due date or that said fees
				received are less than the amount due based on respondent's purchases of meat,
				poultry or seafood, shall constitute a "prima facie" case of delinquency and
				burden of proof shall, thereafter, shift to the respondent.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-137 - Practical Meat Cutting and Merchandising-Volume 1

Current through Register Vol. 50, No. 6, June 20, 2024
A. Beef
Location of Primal and Subprimal Beef Cuts
Click
				  Here To View Image
Primal and Subprimal Cuts
Combination Cuts
1. Round
Hindquarter: 1 + 2 + 3 + 4
2. Short hip
Sirlion round: 1 + 2
3. Short loin
Loin: 2 + 3
4. Flank
Forequarter: 5 + 6 + 7 + 8 + 9
5. Rib
Wing: 5 + 6
6. Short plate
Full plate: 6 + 7
7. Brisket
Armbone chuck: 8 + 9
8. Square cut chuck
Cross-cut chuck: 7 + 8 + 9
9. Foreshank
Triangle: 6 + 7 + 8 + 9
Back: 5 + 8
1.
				Identification of Beef Cuts by Geographical Location and Trade
New York
Area
New England Area
Restaurant and
Institutional Trade
Beef Round No. 1
Cross-Cut Round
Beef Round
Round Across Primal Round
Beef Round
Primal Round
Beef Round
(a) Primal Round
(b) Primal Round with rump on or off, shank on or
							 off, bone-in or boneless
(c) Round, three-way boneless
Knuckle No. 1 (Taken from beef round)
Knuckle Face
Top Sirloin
Sirloin Tip
Knuckle
(a) Knuckle Steaks
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-139 - Side of Beef

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hind
				Shank
B. Fore Shank
NOTE: A and B to be stamped on kill floor prior to shrouding
				  or placing in cooler.
1.
				Round
2. Loin
3. Plate
4. Rib
5. Chuck
Click
				  Here To View Image
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIII - Meat and Poultry Inspections › Chapter 1 - Meat and Poultry Inspection Program › Section XXXIII-141 - Proper Stampling-Primal Cuts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Side of Pork
1. Outer surface of ham hock
2. Skin side of each loin
3. Skin side of each belly
4. Outer surface of shoulder hock
5. Skin surface of each jowl or head
Click
				  Here To View Image
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 1 - Weights and Measures › Section XXXV-101 - Specifications, Tolerances and Regulation for Commercial Weighing and Measuring Devices

Current through Register Vol. 50, No. 6, June 20, 2024
A. All of
				Handbook H-44 issued by the National Institute of Standards and Technology
				entitled Specifications, Tolerances, and Regulations for Commercial Weighing
				and Measuring Devices is hereby adopted by reference.
B. That part of Handbook 130 issued by the
				National Institute of Standards and Technology entitled Examination Procedure
				for Price Verification is hereby adopted by reference.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4606 and
				  R.S.
				  3:4608.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 1 - Weights and Measures › Section XXXV-105 - Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Method of Sales,
				Quantity Statements
1. The offer to sell
				and/or the sale of all commodities shall be on the basis of net weight, net
				measure, or numerical count, in accordance with the following provisions;
				however, such provisions shall not apply to fresh vegetables which by common
				custom are offered for sale, and/or sold by the bunch.
2. The quantity of solids shall be stated in
				terms of weights and the quantity of liquids in terms of measure, except that
				in the case of a commodity in respect to where there exists a definite trade
				custom otherwise, the statement may be in terms of weight or measure in
				accordance with such custom.
3. The
				quantity of viscous or semi-solid commodities, or of mixtures of solids and
				liquids may be stated either by weight or measure, but the statement shall be
				definite and shall indicate whether the quantity is stated in terms of weight
				or measure.
4. Where it is
				practical to state the quantity of a commodity in terms of numerical count, the
				employment of such statement is contingent upon the commodity being in definite
				units.
5. Statement of weight shall
				be in terms of the avoirdupois pound and ounce.
6. Statement of liquid measure shall be in
				the terms of the United States gallon of 231 cubic inches, and quart, pint, and
				fluid ounce subdivisions thereof.
7. Statement of dry measure shall be in terms
				of the United States standard bushel of 2150.42 cubic inches, and peck, dry
				quart, and dry pint subdivisions thereof.
8. Statement of linear measure shall be in
				terms of the standard yard, foot and inch subdivisions thereof.
9. Statements may be in terms of the metric
				system, anything in these regulations notwithstanding, where the commodity is
				customarily bought and sold by metric weight or measure.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 1 - Weights and Measures › Section XXXV-107 - Crawfish-Live, Boiled, Peeled

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Definitions
Boiled Crawfish-any
crawfish, still in the
				  shell, which have been processed by boiling or steaming.
Crawfish
-freshwater crustaceans of the
				  genera
Cambarus
or
Astacus
common to
				  Louisiana.
Live Crawfish-
an
y
crawfish
				  which are live at the time of purchase.
Peeled Crawfish-
an
y
crawfish which have been processed to remove the shells.
Sack-
a mesh bag commonly used in the sale of
				  crawfish.
B. Live Crawfish
1. Live crawfish shall be sold in sacks by
				net weight.
2. The net weight of
				live crawfish in sacks must be clearly labeled in indelible ink or otherwise
				waterproof lettering and in accordance with all other provisions of the
				Louisiana weights and measures law and of these regulations. The labels must
				remain on all sacks of live crawfish once they leave the possession of the
				farmer or fisherman.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 1 - Weights and Measures › Section XXXV-109 - Oysters-Method of Sale

Current through Register Vol. 50, No. 6, June 20, 2024
A. Oysters
				Unshucked. The standards used for unshucked oysters are a barrel containing 3
				bushels, a sack containing 1 1/2 bushels or a 1 1/2 bushel wire hamper
				containing 3225.63 cubic inches or a minisack containing 1/2 bushel or 1/2
				bushel wire hamper containing 1075.21 cubic inches.
B. Oysters Shucked. Oysters shucked shall
				only be sold by liquid measure, containing not more than 15 percent of fluids,
				by numerical count or by net drained weight.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4631, RS. 3:4613 and
				  R.S.
				  3:4608 (formerly R.S. 55:72, R.S. 55:11 and
				  RS. 55:6).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 1 - Weights and Measures › Section XXXV-111 - Poultry; Live; Dressed-Method of Sale

Current through Register Vol. 50, No. 6, June 20, 2024
A. The offer to sell and/or the sale of all
				poultry (except when for immediate consumption on the premises and except when
				sold by count as provided for in
				R.S.
				3:4615) shall be only on the basis of either
live weight
or
dressed and drawn
				weight
.
B.
Live
				Weight
-the net weight of poultry which is alive at time of sale, and
				as such, shall be classified as
live poultry
.
C.
Dressed and Drawn
				Weight
-the net weight of poultry after being killed, defeathered and
				eviscerated, and as such, shall be classified as
dressed and drawn
				poultry
, with only the edible parts thereof being included in the
				established weight.
D.
Poultry
-includes chickens, turkeys, ducks, geese, pigeons,
				guineas, and any other kind of domesticated bird commercially processed and
				sold for human consumption.
E. Live
				poultry shall be weighed within 30 minutes of delivery to a poultry processing
				facility.
F. All poultry, when
				placed in a container, or in any covering or wrapper, shall have its net weight
				plainly and conspicuously marked or labeled on the outside of the container,
				covering or wrapper.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4615,
				  R.S.
				  3:4613 and
				  R.S.
				  3:4608 (formerly R.S. 55:13, R.S. 55:11 and
				  R.S. 55:6).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 1 - Weights and Measures › Section XXXV-113 - Scales for Use with Purchases of Aluminum Cans (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4608.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 1 - Weights and Measures › Section XXXV-115 - Scales Prohibited from Use

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The following scales shall not be used, sold or employed for commercial
				purposes in the weighing of any salable commodity:
1. an
overload
type of
				spring scale or balance, commonly known as
household
scales;
2. a scale identified as
illegal for use in trade
;
3. a scale whose physical condition
				facilitates the perpetration of deception and/or fraud.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 1 - Weights and Measures › Section XXXV-117 - Visual Machine-Readable Code Devices and Labels

Current through Register Vol. 50, No. 6, June 20, 2024
A. The price of a commodity or item offered
				for retail sale which is recorded utilizing a visual code reading device shall
				be plainly displayed, either by a price marked in English on the package
				containing the individual commodity or item, or by a placard or card placed on
				the shelf in front of the commodity or item which is clearly visible and
				legible.
B. The price displayed on
				the shelf, commodity or item required by Subsection A of this Section shall be
				precisely equal to the price actually charged by the seller.
C. In calculating violations of this Section,
				multiple items contained in the same lot shall constitute one
				violation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4608.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 1 - Weights and Measures › Section XXXV-119 - Cotton Beam Scales

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Cotton Beam
-a steelyard especially adopted for the weighing of
				bales of cotton.
B.
Normal
				Position
-the normal balance position of the weighbeam of a beam scale
				shall be horizontal. A weighbeam shall not be accelerating of in neutral
				equilibrium under normal operating conditions but a cotton beam shall be
				permitted to be slightly accelerating under load.
C.
On Cotton Beams
-the value
				of the minimum graduation on a cotton beam shall not exceed 1 pound.
D.
Sealing Cotton Beam
				Poise
-the plug or screw used in closing the adjusting cavity in a
				cotton beam poise shall be securely sealed with a lead seal bearing an
				identification mark of the manufacturer, repairman, or other person affixing
				the seal, which identification mark shall be approved by and registered with
				the Director of Weights and Measures.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4602 and
				  R.S.
				  3:4614 (formerly R.S.
				  55:14).