reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 21 - Louisiana Sweet Potato Logo › Section V-2105 - Development, Adoption and Registration of an Official Logo for Louisiana Sweet Potatoes

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				commission may develop and adopt a Louisiana sweet potato logo to be placed on
				boxes, crates, or other packages to certify that the sweet potatoes in the
				boxes, crates or other packages are Louisiana sweet potatoes.
B. Upon adoption of a Louisiana sweet potato
				logo the commission may register the logo as a trademark or a certification
				mark with the state of Louisiana, U.S. Government or any other governmental or
				private entity where necessary or proper to protect the logo's status as a
				trademark or as a certification mark.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 3:415.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 21 - Louisiana Sweet Potato Logo › Section V-2107 - Licensing Eligibility for Use of Logo

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission may license a producer to
				use the Louisiana sweet potato logo if the producer meets the following
				requirements:
1. the producer makes written
				application to the commission for a license, on a form provided by the
				department;
2. the producer pays
				the license fee;
3. the producer
				agrees in writing to abide by this Chapter regarding the use of the Louisiana
				sweet potato logo;
4. the producer
				agrees in writing to apply the Louisiana sweet potato logo only on crates,
				cartons or other forms of packaging containing sweet potatoes grown and packed
				entirely in the state of Louisiana.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 21 - Louisiana Sweet Potato Logo › Section V-2109 - Use and Transferability of Logo

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana sweet potato logo shall be
				reserved for the exclusive use of the department in promoting, advertising and
				marketing Louisiana sweet potatoes and for each producer licensed to use the
				logo.
B. The Louisiana sweet potato
				logo shall not be placed on any box, crate or other package containing sweet
				potatoes unless the box, crate or other package contains only Louisiana sweet
				potatoes.
C. No producer licensed
				to use the Louisiana sweet potato logo shall sell, assign or transfer the use
				of the Louisiana sweet potato logo to any other person without the specific
				written permission of the commission.
D. No person shall use the Louisiana sweet
				potato logo for any purpose unless that person is authorized in writing by the
				commission to do so or unless that person is a producer licensed by the
				commission to use the logo.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 3:415.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 21 - Louisiana Sweet Potato Logo › Section V-2111 - Fees and Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each producer
				applying for and receiving an initial license to use the logo shall pay a fee
				of $25 before being licensed.
B.
				Each producer, thereafter, shall pay an annual renewal fee of $25 on or before
				June 30 of each year.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 3:415.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 21 - Louisiana Sweet Potato Logo › Section V-2113 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
				or its authorized representative shall have the right to enter any Louisiana
				sweet potato farm and any packaging plant to inspect that facility and any
				records pertaining to the growing, packaging or sale of any Louisiana sweet
				potato by any producer licensed under this Chapter.
B. The department or its authorized
				representative may, while enforcing the provisions of this Chapter, issue and
				enforce a written, printed or stamped stop order to prevent the use of the
				Louisiana sweet potato logo on any sweet potatoes to be sold, shipped or
				removed from the premises where they are found if:
1. the authorized representative of the
				department has been refused the right to enter the premises where the sweet
				potatoes are being grown and packaged;
2. the sweet potatoes do not meet the
				department's inspection and grading standards;
3. the licensed sweet potato producer is in
				violation of this Chapter;
4. the
				sweet potatoes in any box, crate or package carrying the Louisiana sweet potato
				logo are not entirely Louisiana sweet potatoes; or
5. any person is found to be using the
				Louisiana sweet potato logo either without being a licensed producer or without
				written authorization from the commission to use the logo.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 21 - Louisiana Sweet Potato Logo › Section V-2115 - Penalty for Violations; Injunctive Relief; Costs; Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whoever violates
				the use of the Louisiana sweet potato logo adopted pursuant to R.S. 3:415 or
				this Chapter may be fined not less than $25 nor more than $500 for each
				violation or may have his license to use the Louisiana sweet potato logo
				suspended, revoked or placed on probation or both.
B. Each violation of this Chapter, any stop
				order or other orders issued by the department or the commission in the
				enforcement of this Chapter and every day of a continuing violation shall be
				considered a separate and distinct violation chargeable under this
				Chapter.
C. The commission may
				impose any or all of the penalties stated in
				§2115. A and B after an
				adjudicatory hearing held in accordance with the Louisiana Administrative
				Procedure Act. Any such adjudicatory hearing may be presided over by a hearing
				officer appointed by the commissioner. The commission may delegate to the
				Louisiana Sweet Potato Advertising and Development Commission the authority to
				conduct any such adjudicatory hearing, to make findings of fact and conclusions
				of law and to impose penalties for any violation.
D. The commission, through the commissioner,
				may apply for injunctive relief restraining violations of the Louisiana sweet
				potato logo or violations of this Chapter or institute necessary actions for
				failure to pay accounts due the commission. The person condemned in any such
				proceeding shall be liable for the costs of court and for any additional costs
				incurred by the department or the commission in gathering the necessary
				evidence, including reasonable attorney fees and expert witness fees.
E. If any Louisiana sweet potatoes inspected
				by the department are the subject of a stop order or if any producer's license
				to use the Louisiana sweet potato logo has been suspended, revoked or placed on
				probation then notification of such action and the reasons therefore shall be
				sent, by the department, to any and all appropriate public entities or agencies
				who may be affected by the stop order or by the suspension, revocation or
				probation of the producer's license.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 3:413 and
				  415.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 23 - Market Commission- Acquisition of Facilities › Section V-2301 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Acquire
- to gain possession or control of
				  land, buildings, machinery, equipments, and other property by purchase,
				  donation, rent, lease, sub-lease, or by any other lawful manner.
Commission
- State Market Commission.
Commissioner
- Commissioner of Agriculture
				  and Forestry.
Department
- Louisiana Department of
				  Agriculture and Forestry.
Facility
- land, buildings, or other
				  structures and any combination thereof.
Farm Product
- any agronomic, horticultural,
				  silvicultural, or aquacultural crop; livestock; any raw product derived from
				  any crop or livestock; and any item produced from the further processing of the
				  crop, livestock, or raw agricultural product.
Livestock
- any animal except dogs and cats,
				  bred, kept, maintained, raised, or used for profit, used in agriculture,
				  aquaculture, or silviculture, or for other related purposes or used in the
				  production of crops, animals, or plant or animal products for market. This
				  definition includes but is not limited to cattle, buffalo, bison, oxen, and
				  other bovine; horses, mules, donkeys, and other equine; goats; sheep; swine;
				  chickens, turkeys, and other poultry; domestic rabbits; imported exotic deer
				  and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and
				  other farm-raised exotic animals; fish, pet turtles, and other animals
				  identified with aquaculture which are located in artificial reservoirs or
				  enclosures that are both on privately owned property and constructed so as to
				  prevent, at all times, the ingress and egress of fish life from public waters;
				  any commercial crawfish from any crawfish pond; and any hybrid, mixture, or
				  mutation of any such animal.
Person
- any association, business,
				  corporation, firm, individual, joint venture, limited liability company,
				  partnership, and any body of persons, whether incorporated or not.
Rent
- an agreement or contract, including a
				  lease or sub-lease, whereby a person acquires the right to use and occupy the
				  machinery, equipment, or facility acquired by the commission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:405.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 23 - Market Commission- Acquisition of Facilities › Section V-2303 - Criteria for Acquiring Machinery, Equipment, and Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission
				shall determine whether the acquisition of any machinery, equipment, or
				facility is necessary to aid in the proper and efficient assembling,
				processing, storing, grading, distributing, or marketing of farm
				products.
B. The commission shall
				also consider the following criteria in determining whether to acquire any
				machinery, equipment, or facility:
1. the
				economic needs of the areas of the state in which the machinery, equipment, or
				facility will be located;
2. the
				number of jobs created or preserved in the state;
3. the amount of farm products produced in
				the state that will be utilized;
4.
				the degree of diversification that the machinery, equipment, or facility will
				bring to the state's agricultural economy;
5. the economic stimulus that the use of the
				machinery, equipment, or facility will provide to the local economy or to the
				state's agricultural economy as a whole.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 23 - Market Commission- Acquisition of Facilities › Section V-2305 - Persons Eligible to Use, Rent, or Purchase Acquired Machinery, Equipment, or Facility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				who meets the criteria in this Section is eligible to apply to rent or purchase
				machinery, equipment, or facilities acquired by the commission.
B. The criteria for eligibility are as
				follows:
1. be authorized to do business in
				this state;
2. maintain or agree to
				maintain an operating facility in this state;
3. employ at least 20 full time employees or
				the equivalent thereof;
4. be
				engaged in the assembling, processing, storing, grading, distributing, or
				marketing of farm products of this state;
5. have, or be able to obtain, financial
				resources including operating capital sufficient to show an ability to operate
				under normal condition for a period of at least one year;
6. be able to provide the commission with a
				first mortgage, primary lien, or other first or primary security for the rent
				or purchase of the machinery, equipment or facility.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 23 - Market Commission- Acquisition of Facilities › Section V-2307 - Contents of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				applicant seeking to rent or purchase machinery, equipment or a facility from
				the commission shall submit the following information to the commission:
1. name and address of applicant including
				all principals by name and address;
2. a statement of the nature and amount of
				the interest held by each principal;
3. sworn statement of the relationship, if
				any, of any of the principals with any state official and/or with any employee
				of the Department of Agriculture and Forestry;
4. location and legal description of all
				property to be offered as security;
5. personal financial statements of every
				principal of the applicant unless the commission's staff finds that the
				applicant is a publicly traded company or other business enterprise whose
				financial statements are sufficient to show the solvency of the
				applicant;
6. an appraisal by a
				qualified appraiser of the property being offered as security or information
				sufficient to show the approximate value of the property;
7. a listing of all equipment and
				furnishings, both movable and immovable by destination, with the expected life
				of the equipment and furnishings, if equipment and furnishings will be offered
				as part of the security;
8.
				evidence of satisfactory interim and long term financing, where
				applicable;
9. a business
				plan/feasibility sturdy for the proposed enterprise which includes a three year
				projected cash flow statement, together with an explanation of how the
				enterprise meets the criteria set out in 2303.B and 2305.B;
10. written authorization for the commission
				or its staff to perform any credit check(s) which the commission or staff may
				deem advisable;
11. a designation
				by the applicant, if any, of what records, writings, accounts, or other
				documents and information that pertain to the business of the applicant and are
				in their nature confidential;
12.
				any other documentation or information the commission or its staff deems
				necessary for a determination as to whether to approve or deny the
				application.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 23 - Market Commission- Acquisition of Facilities › Section V-2309 - Approval of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				applicant must provide all required information at least 10 working days prior
				to the meeting at which the applications will be considered, unless partial
				submission is allowed by the commission's staff or by the commission.
B. The applicant or its representative must
				appear in person at the meeting at which the applications will be
				considered.
C. The commission may
				approve an application even if all the criteria set out in this Chapter have
				not been met by an applicant if the commission determines that under the
				circumstances the applicant's rent or purchase of the machinery, equipment, or
				facility is necessary to aid in the proper and efficient assembling,
				processing, storing, grading, distributing, or marketing of farm products of
				the state. The commission may refuse to approve an application even if all the
				criteria set out in this Chapter have been met by an applicant if the
				commission determines that under the circumstances the applicant's rent or
				purchase of the machinery, equipment, or facility is not necessary to aid in
				the proper and efficient assembling, processing, storing, grading,
				distributing, or marketing of farm products of the state.
D. If there is more than one applicant for
				the rent or purchase of machinery, equipment, or facilities acquired by the
				commission then the commission maintains the discretion to decide which, if
				any, applicant will be approved.
E.
				The commission may establish terms and provisions to be included in any written
				rental or purchase agreement or act of sale in addition to the terms and
				provisions submitted to the commission, or authorize the commissioner or the
				commission's staff to negotiate additional terms and conditions within the
				parameters established by the commission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:405.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 25 - Louisiana Crawfish Promotion and Research Program › Section V-2501 - Administration of the Crawfish Promotion and Research Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The officers of the board shall be the
				chairman, vice-chairman, and secretary treasurer.
B. The officers shall be elected at the
				board's regular meeting in the first quarter of each year.
C. In the absence of the chairman at any
				meeting of the board, the vice-chairman shall preside.
D. Members shall not receive a per diem for
				attending a meeting, but shall receive a mileage allowance equal to the mileage
				rate for state employees.
E.
				Meeting of the board shall normally be held at the place of its domicile, but
				may be held at other locations within the state as determined by the chairman
				or the board.
F. An affirmative
				vote of a majority of the members present and constituting a quorum shall be
				required for the adoption of any motion or resolution involving the
				disbursement or withdrawal of funds or the granting of any contract or
				grant.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:556.5.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 25 - Louisiana Crawfish Promotion and Research Program › Section V-2503 - Disbursement and Withdrawal of Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Disposition of Funds. The proceeds of
				assessments delivered by the department to the board shall be deposited in a
				special account which shall be designated as the Louisiana Crawfish Promotion
				and Research Board account.
B.
				Funds that are in the account shall be authorized by the board to be used only
				for the purposes stated in
				R.S.
				3:556.12.
C. Withdrawals from the Louisiana Crawfish
				Promotion and Research Board account shall be made by check, signed by any two
				of the following officers, the chairman, the vice-chairman, or the
				secretary-treasurer.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:556.5.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 25 - Louisiana Crawfish Promotion and Research Program › Section V-2505 - Contracts and Grants

Current through Register Vol. 50, No. 6, June 20, 2024
A. The award of
				contracts and grants shall be made by the board in accordance with state
				law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:556.5.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 27 - Logos for State Products › Section V-2701 - Purpose; Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				Chapter is adopted pursuant to
				R.S.
				3:4271 and shall govern eligibility and rules
				to participate in the departments logo program.
B. For purposes of this Chapter, the
				following terms shall have the meaning hereafter ascribed to them, unless the
				context clearly indicates otherwise.
Commissioner
-the commissioner of the
				  Louisiana Department of Agriculture and Forestry.
Department
-the Louisiana Department of
				  Agriculture and Forestry.
License
-written authorization from the
				  Louisiana Department of Agriculture and Forestry for the nonexclusive use of
				  the logo.
Licensee
-applicant who applied to the
				  department for a license to use the logo(s) and whose application was
				  approved.
Logo
-the logos adopted by the department
				  pursuant to
				  R.S.
				  3:4271 to promote products made, grown,
				  manufactured, processed, produced or substantially transformed in the state of
				  Louisiana. The logos include certified Louisiana, certified Louisiana Cajun,
				  certified Louisiana Creole, and certified Louisiana farm to table
				  restaurant.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 27 - Logos for State Products › Section V-2703 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
				shall have sole discretion to determine whether a product, restaurant or
				agritourism activity is eligible to be labeled with one of the certified logos.
				To be eligible, a company must possess and be in compliance with all other
				state and federal permits, licenses and laws.
B. In order for a product to be eligible for
				inclusion in the logo program, it must be made, grown, manufactured, processed,
				produced or substantially transformed in the state of Louisiana.
C. In order for a product to be eligible to
				use the certified Louisiana Creole logo, at least 50 percent of the product
				must be made, grown, produced, manufactured, processed or packed in Louisiana
				and the owner shall be of Creole decent and/or product(s) being of Creole
				heritage.
D. In order for a product
				to be eligible to use the certified Louisiana Cajun logo, at least 50 percent
				of the product must be made, grown, produced, manufactured, processed or packed
				in Louisiana and the owner shall be of Cajun decent and/or product(s) being of
				Cajun heritage.
E. In order for a
				restaurant to be eligible to use the certified farm to table logo, a majority
				of the restaurants raw and value added products shall produced and sourced as
				locally as possible, within Louisiana and or less than 200 miles from its
				origin, which means going directly from the farm to the table.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 27 - Logos for State Products › Section V-2705 - Application Process and Product Verification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications for use of the logos shall be
				made in writing on a form prescribed by the department. All applications must
				be signed and notarized. Applications which are not signed and notarized will
				be returned to the applicant.
B.
				Each application shall be accompanied by a non-refundable $25 application fee.
				Applications which do not include the application fee will be returned to the
				applicant.
C. Applicants proposed
				use of the logo shall be included in the application and is subject to review
				and acceptance by the department.
D. Within 30 days of receipt of the
				application by department, the department shall make a determination of whether
				such registration permission is granted or denied and shall notify the
				applicant of same in writing or by electronic mail. A site visit may be
				required to help determine the eligibility of the registrant to participate in
				the program. Applicants agree to allow a representative from the department to
				visit the production and/or processing facilities to verify compliance with
				guidelines established by the department.
E. Upon approval of the application, a
				registration fee of $30 per logo shall be paid to the department. Upon receipt
				of the registration payment, the department shall provide the registrant a
				certificate of registration, which will expire on December 31 unless timely
				renewed, and a digital jpeg and/or eps copies of the logo(s) suitable for
				reproduction.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 27 - Logos for State Products › Section V-2707 - Denial of Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applications for use of the logo(s) may be denied if:
1. The product or activity falls outside of
				the definition as prescribed by law.
2. The product is of a quality markedly
				inferior to that representative of similar products produced in
				Louisiana;
3. The applicant has
				misused the logo(s) prior to the date of application; or the applicant has used
				the logo(s) without permission of the department;
4. The applicant's use of the logos would, in
				the departments opinion, either:
a. Impair or
				frustrate the department's efforts to expand or encourage development of the
				markets for Louisiana agricultural and other products; or
b. Fail to enhance the integrity and image of
				the program, as determined by the department; or
c. it has been determined not to be in
				accordance with department policy.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 27 - Logos for State Products › Section V-2709 - Renewal of Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				licenses expire December 31 of each year. Licensees right to use logo(s) will
				cease at 12:01 a.m. on January 1 unless an application for renewal has been
				timely submitted to and approved by department.
B. Applications for renewal of registration
				shall be made in writing on a form prescribed by the department. The fee for
				renewal of registration is $30.
C.
				Applicants application for renewal of registration and $30 renewal fee must be
				received on or before the close of business on December 31. Upon receipt of the
				renewal application and annual fee, the department will send an approved
				registrant a certificate of registration.
D. Failure to remit the annual registration
				fee by December 31 shall result in the registrant being designated as inactive.
				Failure to timely remit the renewal application and renewal fee within by
				January 10 shall result in the expiration of the registration and the licensee
				will be treated as a new applicant and must follow the procedure set forth in
				rule 105
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 27 - Logos for State Products › Section V-2711 - Use of Logo

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall,
				in commerce, advertise, sell, offer or expose for sale, distribute, package or
				in any other manner identify any services or goods with the logo affixed to
				such service or good, unless the logo use has been previously approved by the
				department.
B. Any permission
				granted by the department to licensee for use of the logo shall be nonexclusive
				and nontransferable to another person or another product. The logo may only be
				used on the product(s) set forth in the application and listed on the
				registration certificate.
C.
				Licensees authorization to use the logo(s) shall not be construed to grant or
				assign any right, title or interest in or to the logo(s) or the goodwill
				attached thereto.
D. Licensee shall
				not alter the appearance of the logo(s) in any manner. Licensee may use the
				logo in any color he desires, but logo wording may not be altered.
E. Other than the authorized use of the
				logo(s), no licensee shall use any statement of affiliation or endorsement by
				the state of Louisiana or the department in the selling, advertising,
				marketing, packaging, or other commercial handling of products and services, or
				restaurants.
F. The following shall
				constitute misuse of the logo:
1. using the
				logo(s) on any product for which use has not been granted by the
				department;
2. using the logo(s) on
				a product that is not in compliance with state or federal law;
3. using the logo(s) in a manner that is
				disparaging to the department;
4.
				using the logo(s) in violation of any rule promulgated by the
				department;
5. using the logo(s)
				without a valid registration.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 27 - Logos for State Products › Section V-2713 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event
				that the department determines that a licensee has misused the logo(s), the
				department shall conduct an adjudicatory hearing in accordance with the
				Administrative Procedure Act in order to determine whether to suspend or revoke
				the licensees permission to use the logo(s).
B. All hearings conducted pursuant to this
				section shall be heard by a three person hearing panel appointed by the
				commissioner. The commissioner may appoint a hearing officer to conduct the
				hearing.
C. At the conclusion of
				the administrative hearing, the hearing panel may recommend that the licensees
				permission to use the logo(s) be suspended or revoked. The hearing panels
				recommendation shall be submitted to the commissioner for his
				determination.
D. The department
				may pursue other civil or injunctive remedies against any person or company
				misusing the logo. All proceedings shall be brought in the 19th Judicial
				District in East Baton Rouge Parish.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 29 - Logos for State Products › Section V-2901 - Purpose; Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				Chapter is adopted pursuant to
				R.S.
				3:4721 et seq., and shall govern the
				departments logo program.
B. For
				purposes of this Chapter, the following terms shall have the meaning hereafter
				ascribed to them, unless the context clearly indicates otherwise:
Commissioner
-the commissioner of the
				  Louisiana Department of Agriculture and Forestry.
Department
-the Louisiana Department of
				  Agriculture and Forestry.
License-
written authorization from the
				  Louisiana Department of Agriculture and Forestry for the nonexclusive use of
				  the logo.
Licensee
-applicant who applied to the
				  department for a license to use the logo(s) and whose application was
				  approved.
Logo
-the logos adopted by the department
				  pursuant to
				  R.S.
				  3:4721 to promote products made, grown,
				  manufactured, processed, produced or substantially transformed in the state of
				  Louisiana. The logos include:
a.
				certified Louisiana;
b. certified
				Louisiana Cajun;
c. certified
				Louisiana Creole;
d. certified
				Louisiana Farm to Table; and
e.
				certified Louisiana Craft Beverage.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 29 - Logos for State Products › Section V-2903 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
				shall have sole discretion to determine whether an agricultural product,
				restaurant or agritourism activity is eligible to be labeled with one of the
				certified logos. To be eligible, a company must possess and be in compliance
				with all applicable state and federal permits, licenses and laws.
B. In order for an agricultural product to be
				eligible for inclusion in the logo program, it must be made, grown,
				manufactured, processed, produced or substantially transformed in the state of
				Louisiana.
C. In order for an
				agricultural product to be eligible to use the certified Louisiana Creole logo,
				at least 50 percent of the product must be made, grown, produced, manufactured,
				processed or packed in Louisiana.
D. In order for an agricultural product to be
				eligible to use the certified Louisiana Cajun logo, the product must be
				representative of the culture that is generally of Acadian descent and be at
				least 50 percent of the product must be made, grown, produced, manufactured,
				processed or packed in Louisiana.
E. In order for an agricultural product to be
				eligible to use certified Louisiana Farm to Table logo, the product must be
				produced and sourced as locally as possible, within Louisiana and or less than
				200 miles from its origin, which means going directly from the farm to the
				table.
F. In order for a craft
				beverage product to be eligible to use the certified Louisiana Craft Beverage
				logo, the product must be crafted, bottled, brewed, vinified and/or distilled
				in the state of Louisiana. The use of this logo shall be applicable to beer,
				wine, spirits, and craft beverages.
G. In order for a restaurant to be eligible
				to use the certified Louisiana Farm to Table logo, a majority of the
				restaurants raw and value added products shall be produced and sourced as
				locally as possible, within Louisiana and or less than 200 miles from its
				origin, which means going directly from the farm to the table.
H. In order for an establishment that serves
				alcoholic beverages to be eligible to use the certified Louisiana Craft
				Beverage logo, the establishment must serve at least one certified Louisiana
				Craft Beverage beer, wine, and spirit on a regular basis. If an establishment
				that serves alcoholic beverages does not serve all three categories (beer,
				wine, and spirits), it must serve at least three certified Louisiana Craft
				Beverages from the categories that it does serve in order to be eligible to use
				the Louisiana Craft Beverage logo.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4721.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 29 - Logos for State Products › Section V-2905 - Application Process and Product Verification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications for use of the logos shall be
				made in writing on a form prescribed by the department or by completing an
				online application on the departments website.
B. In order for a product to be eligible for
				inclusion in the logo program, it must be made, grown, manufactured, processed,
				produced or substantially transformed in the state of Louisiana.
C. In order for a product to be eligible to
				use the certified Louisiana Creole logo, at least 50 percent of the product
				must be made, grown, produced, manufactured, processed or packed in
				Louisiana.
D. In order for an
				agricultural product to be eligible to use the certified Louisiana Cajun logo,
				the product must be representative of the culture that is generally of Acadian
				descent and be at least 50 percent of the product must be made, grown,
				produced, manufactured, processed or packed in Louisiana.
E. In order for a restaurant to be eligible
				to use the certified farm to table logo, a majority of the restaurants raw and
				value added products shall be produced and sourced as locally as possible,
				within Louisiana and or less than 200 miles from its origin, which means going
				directly from the farm to the table.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4721.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 29 - Logos for State Products › Section V-2907 - Denial of Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applications for use of the logo(s) may be denied if:
1. the product or activity falls outside of
				the definition as prescribed by law;
2. the product is of a quality markedly
				inferior to that representative of similar products produced in
				Louisiana;
3. the applicant has
				misused the logo(s) prior to the date of application; or the applicant has used
				the logo(s) without permission of the department;
4. the applicant's use of the logos would, in
				the departments opinion, either:
a. impair or
				frustrate the department's efforts to expand or encourage development of the
				markets for Louisiana agricultural and other products; or
b. fail to enhance the integrity and image of
				the program.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 29 - Logos for State Products › Section V-2909 - Renewal of Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				licenses shall expire on December 31 of the third calendar year after issuance.
				For example, if a license is issued on July 1, 2017, it will expire on December
				31, 2019.
B. Applications for
				renewal of registration shall be made in writing on a form prescribed by the
				department. The fee for renewal of registration is $30.
C. Applicants application for renewal of
				registration and $30 renewal fee must be received on or before 5 p.m. CST on
				December 31 in the year in which the license expires. Upon receipt of the
				renewal application and renewal fee, the department will send the approved
				registrant a certificate of registration.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4721.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 29 - Logos for State Products › Section V-2911 - Use of Logo

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall,
				in commerce, advertise, sell, offer or expose for sale, distribute, package or
				in any other manner identify any services or goods with the logo affixed to
				such service or good, unless the logo use has been previously approved by the
				department.
B. Any permission
				granted by the department to licensee for use of the logo shall be nonexclusive
				and nontransferable to another person or another product. The logo may only be
				used on the product(s) set forth in the application and listed on the
				registration certificate.
C.
				Licensees authorization to use the logo(s) shall not be construed to grant or
				assign any right, title or interest in or to the logo(s) or the goodwill
				attached thereto.
D. Licensee shall
				not alter the appearance of the logo(s) in any manner. Licensee may use the
				logo in any color he desires, but logo wording may not be altered.
E. Other than the authorized use of the
				logo(s), no licensee shall use any statement of affiliation or endorsement by
				the state of Louisiana or the department in the selling, advertising,
				marketing, packaging, or other commercial handling of products and services, or
				restaurants.
F. The following shall
				constitute misuse of the logo:
1. using the
				logo(s) on any product for which use has not been granted by the
				department;
2. using the logo(s) on
				a product that is not in compliance with state or federal law;
3. using the logo(s) in a manner that is
				disparaging to the department;
4.
				using the logo(s) in violation of any rule promulgated by the
				department;
5. using the logo(s)
				without a valid registration.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 29 - Logos for State Products › Section V-2913 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event
				that the department determines that a licensee has misused the logo(s), the
				department shall conduct an adjudicatory hearing in accordance with the
				Administrative Procedure Act in order to determine whether to suspend or revoke
				the licensees permission to use the logo(s).
B. All hearings conducted pursuant to this
				section shall be heard by a three-person hearing panel appointed by the
				commissioner. The commissioner may appoint a hearing officer to conduct the
				hearing.
C. At the conclusion of
				the administrative hearing, the hearing panel may recommend that the licensees
				permission to use the logo(s) be suspended or revoked. The hearing panels
				recommendation shall be submitted to the commissioner for his
				determination.
D. The commissioner
				may institute civil proceedings to enforce his rulings in the district court
				for the parish where the violation occurred.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4721.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 31 - Placing of Advertising or Sponsorship Signs on Department Assets › Section V-3101 - Advertising or Sponsorship Signs on Department Assets

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose
1. The purpose of this Rule is to establish
				procedures and guidelines within the department for allowing certain limited
				types of advertising and sponsorship signs on high-visibility assets owned or
				controlled by the department to raise revenue to defray costs of departmental
				services.
2. The display of
				advertising or sponsorship signs on departmental assets shall not constitute an
				endorsement by the department of any of the products, services or messages of
				the advertiser or sponsor.
3.
				Advertisement or sponsorship signs may be placed on immovable property,
				improvements on immovable property, vehicles, vessels, airplanes, and assets of
				the department, including but not limited to websites, pamphlets, brochures,
				and other outreach, communications, and educational
				materials.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part VII - Dealers in Farm Products › Chapter 1 - Administration › Section VII-103 - Bonds and Other Securities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				person, firm or corporation, who shall engage in the business of purchasing
				milk from producers or cooperative associations for the purpose of
				manufacturing, pasteurizing or distributing milk or milk products shall post,
				with the commissioner, a surety bond signed by a surety company authorized to
				do business in Louisiana, or other security, in a form and substance acceptable
				to and approved by the commissioner. Said other security may include, but not
				limited to, the following:
1. a certified
				check; or
2. negotiable bonds or
				securities; or
3. a first mortgage
				on real estate and/or plant equipment; or
4. irrevocable letter of credit; or
5. certificate of deposit.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part VII - Dealers in Farm Products › Chapter 1 - Administration › Section VII-107 - Injunctive Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the
				failure of any person, firm or corporation, engaged in the business of
				purchasing milk from producers and cooperative associations for the purpose of
				manufacturing, pasteurizing or distributing milk or milk products, to post the
				bond as required herein, the commissioner of agriculture may file injunctive
				proceedings in any court of competent jurisdiction to restrain and enjoin such
				person, firm or corporation from purchasing milk from producers and cooperative
				associations until such time as the bond required herein is posted. The
				injunctive relief as provided for herein shall be in addition to the penalty
				provided by
				R.S.
				3:643.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  3:642 and
				  R.S.
				  3:643.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part VII - Dealers in Farm Products › Chapter 1 - Administration › Section VII-109 - Authority to Promulgate Regulations and Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. The above regulation is hereby promulgated
				by the commissioner of agriculture under authority of
				R.S.
				3:641 et seq., and shall be effective on and
				after October 1, 1964.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  3:642.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XI - Fertilizers › Chapter 1 - Sale of Fertilizers › Section XI-103 - Registration Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				guarantor who manufactures, sells, or offers fertilizer for sale under his
				brand or company name within the state of Louisiana shall be registered with
				the commission. Fertilizer processed or manufactured in Louisiana and offered
				for sale or distributed solely outside the state of Louisiana is not required
				to be registered.
B. Applicants for
				registration may request application forms, verbally or in writing, from the
				commission.
C. Each registration
				shall be valid until December 31 of each year. To remain valid, each
				registration shall be renewed on or before January 1 of each year.
D. Applications for annual renewal of
				registration shall be mailed by the commission to all registrants, at the last
				address provided by the registrant, on or before November 15 of each year and
				shall be returned on or before January 1 of each year.
E. The record of all registrations shall be
				maintained by the commission and the director of Agricultural Chemistry
				Programs in the Agricultural Chemistry Building, Louisiana State University in
				Baton Rouge.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1382.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XI - Fertilizers › Chapter 1 - Sale of Fertilizers › Section XI-105 - Labeling Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
				minor elements, pesticides, and/or seeds are added, the label, tag, or printed
				invoice shall contain the following:
1.
				guarantee of the fertilizer (percent by weight) before the addition of minor
				elements, pesticides and/or seeds;
2. amount per ton of minor elements,
				pesticides and/or seeds added; and
3. percent by weight of the active
				ingredients added.