reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 9 - Market Commission-Poultry and Eggs › Subchapter C - Identification of Graded Dressed and Drawn (Ready-to-Cook) Poultry › Section V-943 - Labeling, Advertising and Displaying of Poultry

Current through Register Vol. 50, No. 6, June 20, 2024
A. No poultry can be advertised for sale in
				  newspapers, radio, store ads, or other means as Grade A, U.S. Grade A, or
				  U.S.D.A. Grade A unless the product bears the U.S.D.A. Grade A shield. A store
				  may advertise "cut-from Grade A poultry" only if it is able to prove that the
				  product was cut from Grade A whole poultry. It may not advertise "cut-from
				  Grade A poultry" if it has in its place of business any like product that is
				  not Grade A. (Example: it cannot advertise "8 piece cut chicken, cut from Grade
				  A birds" if it has invoices, or whole product that was not Grade A.)
B. No retailer may mark product as Grade A, A
				  Grade, or U.S. Grade A, either on the product or in placards above the product,
				  or elsewhere in the store unless it has been graded and has a U.S.D.A. Grade
				  Shield on the packaging, if individually wrapped. If the product was bulk
				  packed, then the retailer must have the label from the original master
				  container and sales invoice to prove the product is A Grade.
C. Wholesale. Whole birds, cut-up, and parts
				  must be labeled or have imprinted or stamped on the individual wrappers the
				  grade (if graded, the U.S.D.A. shield must also be on each container), part
				  name or whole bird statement, name and address of the plant (including plant
				  number except in the case of whole birds, the plant number may be on the clip),
				  and U.S.D.A. legend.
D. Retail (not
				  packaged, bulk). In refrigerated cases with open displays of R.T.C. poultry,
				  placards declaring the grade (if any) and part name or whole bird statement
				  must be displayed immediately adjacent thereto. The size of the print used on
				  such placard shall be large enough to be easily read.
E. Retail (packaged). Packaged R.T.C. poultry
				  offered for sale at retail must be labeled to show grade (if graded), part name
				  or whole bird statement, net weight, and name and address of plant where
				  produced. If packaged by the store, package must show store name.
F. All master containers in which dressed
				  R.T.C. poultry, either loose or in smaller containers or individual wrappers,
				  must also be labeled to show grade if any, part name, or whole bird statement,
				  name and address of plant or dealer, and U.S.D.A. Legend (if from
				  out-of-state).
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 3:405.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 9 - Market Commission-Poultry and Eggs › Subchapter C - Identification of Graded Dressed and Drawn (Ready-to-Cook) Poultry › Section V-945 - Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person,
				  corporation or other organization violating the provisions of the Chapter may
				  be fined not less than $25 or more than $500, as provided by Louisiana Revised
				  Statutes of 1950, Title 3, Section 3:413.
B. Product mislabeled shall have a stop sale
				  placed on it until it is properly labeled, as determined by an employee of the
				  state Poultry and Egg Division.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 3:405 and R.S.
					 3:413.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 9 - Market Commission-Poultry and Eggs › Subchapter C - Identification of Graded Dressed and Drawn (Ready-to-Cook) Poultry › Section V-949 - Authority to Enter Premises

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Employees or agents of the Department of Agriculture and Forestry are
				  authorized to enter any store, vehicle, market, restaurant, state institution,
				  school, nursing home, or any other business or place where eggs or poultry are
				  bought, stored, sold, offered for sale or processed, or served as food to the
				  public, and to make such inspections as needed of eggs to determine if the
				  grades of such eggs conform to grades as labeled on the exterior of the
				  container. If such inspection determines that the eggs in the container do not
				  conform to the grade as labeled on the exterior of the container, the
				  Department of Agriculture and Forestry employees or agents are authorized to
				  examine the invoices and such other records needed to determine the cause and
				  place of the violation of the regulation of this Chapter. The said agents or
				  employees shall have the power to stop sale, and impound for evidence, any
				  containers of eggs offered for sale which are in conflict with any provisions
				  of this Act. The party having possession of the eggs has the right to ask for
				  an appeal grading.
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 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1101 - General Authority of Market Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The State Market Commission (hereinafter
				  referred to as commission) shall be responsible for enforcing the provisions of
				  these regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:404.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1103 - Establishment of Official State Grades for Fresh Fruits, Vegetables, Nuts and Other Special Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. Standards
				  established in
United States Standards for Fresh Fruits, Vegetables,
				  Nuts and Other Special Products
which were promulgated by the U.S.
				  Department of Agriculture in accordance with
				  7 U.S.C.
				  1622 and
				  1624
				  shall apply to all Louisiana state grades for fresh fruits, vegetables, nuts,
				  and other special products.
B. All
				  inspections which shall be performed shall be in accordance with
Market
				  Inspection Instruction, Combined Market and Shipping Point Inspection
				  Instructions
, and
Shipping Point Inspection
				  Instructions
which were promulgated by the U.S. Department of
				  Agriculture in accordance with
				  7 U.S.C.
				  1622 and
				  1624.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:405 and R.S.
					 3:410.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1105 - Certification of Fresh Fruits, Vegetables, Nuts and Other Special Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. The examination,
				  acceptance, and certification of fresh fruits, vegetables, nuts, and other
				  special products shall be in accordance with U.S. Department of Agriculture,
				  Agricultural Marketing Service, Fruit and Vegetable Division grading and
				  inspection requirements.
B. Each
				  container shall be legibly labeled, stamped, or written on the side or end
				  showing the name and address of the grower or the name and address of the
				  packing house or company or contract number, showing the U.S. grade, inspection
				  stamp or tag, and name of produce in container. In the instance of sacks, a tag
				  shall be securely attached to the outside, giving the above
				  information.
C. Required
				  Certificates
1. For inspection of fruits and
				  vegetables entering state institutions, federal Form FVQ 459 and state Form A1
				  1583 will be required.
2. For
				  shipping point inspections of fruits and vegetables, federal Form FVQ 184 will
				  be required.
3. For terminal market
				  inspections of fruits and vegetables by collaborators, Form FVQ 303 will be
				  required.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1107 - Time Limitation for Issuance of Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. A state of Louisiana condition examination
				  and origin certificate must be issued not more than 72 hours prior to the
				  scheduled delivery of the product to the purchasing agency.
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 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1109 - Waiver of Specification Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Waivers and amendments to specification
				  requirements may be made only with concurrence of purchaser and
				  contractor.
B. A written statement
				  of the precise nature of the changes in the specifications must be provided to
				  the Louisiana Department of Agriculture representative prior to any examination
				  of the product.
C. Failure to
				  include information concerning the Louisiana agricultural products preference
				  of the vendor on the purchase order shall constitute a waiver of the vendor's
				  right for a certificate of origin.
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 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1111 - Final Delivery Product

Current through Register Vol. 50, No. 6, June 20, 2024
A. Final
				  acceptance of the product will be the responsibility of the purchaser
				  (consignee).
B. Products may be
				  rejected for the following reasons:
1. no
				  certificate affixed;
2. sealing
				  tape on container broken; or
3.
				  obvious deviations from specification requirements without appropriate written
				  notice of changes in specification requirements.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1113 - Contractor's Obligation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Contractors furnishing products under these regulations must furnish such
				  assistance as may be necessary to expedite the grading, examination, and
				  acceptance of products.
B.
				  Contractors desiring certification services must notify the Department of
				  Agriculture at least 24 hours in advance of need. Vendors who fail to give at
				  least 24 hours advance notice of need will be subject to a penalty of
				  $50.
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 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1117 - Sweet Potato Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  addition to regulations stipulated in §1103, the following regulation is
				  prescribed governing the marketing and/or sale of sweet potatoes in Louisiana.
1. The U.S. Standards for U.S. Number 1 and 2
				  Grades of Sweet Potatoes as stipulated by the U.S. Department of Agriculture,
				  shall be adopted as official state grades except that not more than 10 percent
				  tolerance will be allowed for each grade.
2. The grade
Louisiana
				  Commercial
is hereby established, the standards of which are not less
				  than those of U.S. Number 2, except that not more than 10 percent tolerance for
				  grade defects will be allowed.
3.
				  The grade
Louisiana Jumbo
is hereby established, the standards
				  of which are the same as U.S. Number 2, except that not more than 10 percent
				  tolerance will be allowed and the minimum weight shall not be less than 16
				  ounces. There are no maximum weight requirements.
4. It shall be unlawful for any person, firm,
				  or corporation to sell, offer for sale, ship, or move any sweet potatoes into
				  the channels of fresh trade except U.S. Number 1, U.S. Number 2,
Louisiana Commercial, and Louisiana Jumbo
grades.
5. The movement of sweet potatoes into
				  channels of fresh trade is prohibited unless in conformance with this
				  regulation and is accompanied by proper grade certificate.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1119 - Cabbage Solidity Regulation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  In addition to the regulations stipulated in §1103, the following regulation is
				  prescribed governing the marketing and/or sale of cabbage in Louisiana:
1. cabbage placed on the market that are soft
				  or immature and fail to meet the requirement of U.S. Number 1 standards as to
				  solidity is undesirable and has a tendency to demoralize the market;
2. all lots of cabbage offered for sale for
				  shipment or movement shall meet the standard requirements of U.S. Number 1
				  Grade as to solidity.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1121 - Shallot Regulation

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  addition to the regulations stipulated in §1103, the following regulation is
				  prescribed governing the marketing and/or sale of bunched shallots in
				  Louisiana.
1. The weight of the bunches shall
				  not be less than 4 pounds per dozen bunches with a tolerance of one bunch per
				  dozen weighing less than 1/3 pound.
2. It shall be unlawful for any person, firm
				  or corporation to offer for sale or shipment bunched shallots unless in
				  conformance with this regulation.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1123 - Stemmed Berries for Processing Purposes

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to the regulations stipulated
				  in §1103, the following regulation is prescribed governing the inspection and
				  certification of strawberries of processing plants.
1. Strawberries shall be submitted for
				  inspection in quart or pint containers that are well filled.
2. In the case of flats and hand carriers,
				  the strawberries shall not overflow from the individual well-filled cup
				  containers.
3. It shall be the
				  responsibility of the seller or the seller's representative to segregate each
				  individual lot, and make each lot accessible for inspection. Strawberries
				  inspected at points of assembly shall be accompanied by a certificate of
				  inspection. Strawberries passing inspection at processing plants shall be
				  considered as being accompanied by a certificate of inspection.
4. Strawberries shall be well colored and
				  firm with the stem removed without bruising, free from decay and mold or
				  evidence of decay having been removed from the strawberry. Unless otherwise
				  specified, the minimum diameter shall be 1/2 inch. A tolerance of 10 percent
				  for soft, undercolored, badly misshapen, stems, leaking and undersized berries,
				  including 2 percent decay shall be allowed.
5. Strawberries for processing purposes shall
				  not be held at assembly points for a processing plant more than three hours
				  after having passed inspection and certificate issued.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1125 - Sweet Pepper Maturity Regulation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  In addition to the regulations stipulated in §1103, the following regulation is
				  prescribed governing the marketing and/or sale of sweet peppers in Louisiana.
1. Sweet peppers placed on the market that
				  are not mature and firm causes a demoralization of the market in that immature
				  peppers will not insure a proper completion of the ripening process.
2. All lots of sweet peppers offered for sale
				  or shipment must meet the standard requirements of the U.S. Number 1 Grade as
				  to maturity and firmness. Immature means that the seeds are not fully developed
				  and that the pepper has not reached the stage of maturity which will insure a
				  proper completion of ripening process. Firm means that the pepper is not soft,
				  shriveled, limp, or pliable.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1127 - Mislabeling of Fresh Fruits and Vegetables Prohibited

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person or firm shall mislabel any fresh
				  fruit or vegetable, or place or have any false or misleading statement or
				  designation of quality, grade, trademarks, trade name, area of production of
				  place of origin on any fruit or vegetable, or on any placard used in connection
				  with or having reference to any fresh fruit or vegetable or container, bulk
				  lot, bulk load, load, arrangement, or display of fresh fruits or vegetables.
				  Any fruits and/or vegetables found mislabeled shall have a stop-sale placed on
				  the product and may be seized by the department.
B. Fruits or vegetables labeled as a
				  Louisiana-grown or produced product must have proof of origin of that product,
				  such as sale invoices that give the producers or producer-packer's name and
				  address. Any product labeled, "Louisiana Fruit," "Louisiana Vegetables," or has
				  the name of a town (such as "Ruston Peaches," "Hammond Strawberries," etc.)
				  attached to said product, that implies it was produced in that region, must
				  have proof that the product is a Louisiana product and was produced in that
				  region.
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 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1129 - Transportation of Fresh Fruits and Vegetables

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be unlawful for any common
				  carrier, whether railroad, boat, truck, or any other vehicle to transport,
				  carry, or deliver fresh fruits and vegetables unless accompanied by a proper
				  grade certificate(s), except when being trucked by a farmer of his own product
				  or being assembled for delivery to an assembly or packing shed where a duly
				  authorized inspector is stationed.
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 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1131 - Shipment of Product into Louisiana

Current through Register Vol. 50, No. 6, June 20, 2024
A. All fruits and vegetables which are
				  shipped into Louisiana and will be offered for sale in the state will be
				  required to meet the provisions of these regulations with regard to grade,
				  inspection, and marking requirements.
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 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1133 - Penalty for Violations; Injunctive Relief; Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever the commission has any reason to
				  believe that a violation of these regulations has occurred, an adjudicatory
				  hearing will be held to make a determination with respect to the suspected
				  violation.
B. The commission shall
				  give written notice to the person suspected of the violation, such notice to
				  comply with the requirements of the Administrative Procedure Act, at least five
				  days prior to the date set for such adjudicatory hearing.
C. As chairman of the State Market
				  Commission, the commissioner shall designate a hearing officer to preside at
				  all adjudicatory proceedings.
D. At
				  any such adjudicatory hearing, the person suspected of a violation of these
				  regulations shall be accorded all of the rights set forth in the Administrative
				  Procedure Act.
E. Whenever the
				  commission makes a determination from the proceedings of the adjudicatory
				  hearing that any violation of these regulations has occurred, the commission
				  may impose a monetary fine.
F. The
				  commission may impose a penalty of not less than $25 nor more than $500, or
				  have the person suspected of a violation imprisoned for not less than 10 days
				  nor more than six months, or both for each violation of these rules and
				  regulations which is proven in any adjudicatory hearing.
G. Each separate day on which a violation
				  occurs shall be considered a separate violation.
H. Any person may appeal any action taken by
				  the commissioner to impose a monetary penalty by:
1. applying for a rehearing under the
				  procedures provided in the Administrative Procedure Act; or
2. applying for judicial review of the
				  commissioner's determination, under either the Administrative Procedure Act or
				  other applicable laws.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1201 - Purpose; General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Covered
				produce farms shall take appropriate measures to minimize the risk of serious
				adverse health consequences or death from the use of, or exposure to, covered
				produce, including those measures reasonably necessary to prevent the
				introduction of known or reasonably foreseeable hazards into covered produce,
				and to provide reasonable assurance that the produce is not adulterated under
				Section 402 of the Federal Food, Drug, and Cosmetic Act on account of such
				hazards.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:922 and
				  923.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1205 - Personnel Qualification and Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. All of the following requirements apply
				regarding qualifications and training for personnel that come into contact with
				covered produce or food contact surfaces.
1.
				All personnel, including temporary, part time, seasonal, and contracted
				personnel, who handle covered produce or food contact surfaces, or who are
				engaged in the supervision thereof, shall receive adequate training, as
				appropriate to the person's duties, at the time of hire, and at least once
				annually.
2. All personnel,
				including temporary, part time, seasonal, and contracted personnel, who handle
				covered produce or food contact surfaces, or who are engaged in the supervision
				thereof, shall have a combination of education, training, and experience
				necessary to perform the person's assigned duties in a manner that ensures
				compliance with this Chapter.
3.
				Training shall be conducted in a manner that is easily understood by the
				personnel being trained; and
4.
				Training shall be repeated as necessary and appropriate in light of
				observations or information indicating that personnel are not meeting standards
				established by 21 CFR § 112.21-167.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1207 - Health and Hygiene

Current through Register Vol. 50, No. 6, June 20, 2024
A. Covered
				produce farms shall take measures to prevent contamination of covered produce
				and food contact surfaces with microorganisms of public health significance
				from any person with a communicable health condition. Communicable illnesses
				are those that present a public health risk in the context of normal work
				duties, such as infection, open lesion, vomiting, or diarrhea.
B. The measures taken to satisfy the
				requirements of Subsection A of this Section shall include all of the
				following:
1. excluding any person from
				working in any operations that may result in contamination of covered produce
				or food contact surfaces with microorganisms of public health significance when
				the person, by medical examination, the person's acknowledgement, or
				observation, is shown to have, or appears to have, an applicable health
				condition, until the person's health condition no longer presents a risk to
				public health; and
2. instructing
				personnel to notify their supervisor(s) or a responsible party if they have, or
				if there is a reasonable possibility that they have an applicable health
				condition.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1209 - Agricultural Water

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				agricultural water shall be safe and of adequate sanitary quality for its
				intended use in compliance with 21 CFR § 112(e).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:922 and
				  923.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1211 - Biological Soil Amendments of Animal Origin and Human Waste

Current through Register Vol. 50, No. 6, June 20, 2024
A. A biological soil amendment of animal
				origin is treated if it has been processed to completion to adequately reduce
				microorganisms of public health significance in accordance with the
				requirements of
				21
				CFR §
										112.54, or, in the case of an
				agricultural tea, the biological materials of animal origin used to make the
				tea have been so processed, the water used to make the tea is not untreated
				surface water, and the water used to make the tea has no detectable generic
Escherichia coli
(
E. coli
) in 100 milliliters
				(mL) of water.
B. A biological soil
				amendment of animal origin is untreated if it:
1. has not been processed to completion in
				accordance with the requirements of
				21
				CFR §
											112.54, or in the case of an
				agricultural tea, the biological materials of animal origin used to make the
				tea have not been so processed, or the water used to make the tea is untreated
				surface water, or the water used to make the tea has detectable generic
E. coli
in 100 mL of water;
2. has become contaminated after
				treatment;
3. has been recombined
				with an untreated biological soil amendment of animal origin;
4. is or contains a component that is
				untreated waste that you know or have reason to believe is contaminated with a
				hazard or has been associated with foodborne illness; or
5. is an agricultural tea made with
				biological materials of animal origin that contains an agricultural tea
				additive.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1213 - Domesticated and Wild Animals, Relative to Covered Produce

Current through Register Vol. 50, No. 6, June 20, 2024
A. The requirements of this Section apply
				when a covered activity takes place in an outdoor area or a partially-enclosed
				building and when, under the circumstances, there is a reasonable probability
				that animals will contaminate covered produce.
B. The requirements of this Section do not
				apply:
1. when a covered activity takes place
				in a fully-enclosed building; or
2.
				to fish used in aquaculture operations.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1215 - Growing, Harvesting, Packing, and Holding Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a covered produce farm grows, harvests,
				packs, or holds produce that is not covered in this part (i.e., excluded
				produce in accordance with
				21 CFR §
										112.2) and also conducts such activities on
				covered produce, and the excluded produce is not grown, harvested, packed or
				held in accordance with this Chapter, measures shall be taken during these
				covered activities, as applicable, to:
1.
				keep covered produce separate from excluded produce, except when covered
				produce and excluded produce are placed in the same container for distribution;
				and
2. adequately clean and
				sanitize, as necessary, any food contact surfaces that contact excluded produce
				before using such food contact surfaces for covered activities on covered
				produce.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1217 - Equipment, Tools, Buildings, and Sanitation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Equipment and tools subject to the
				requirements of this Chapter are those that are intended or likely to contact
				covered produce, and those instruments or controls used to measure, regulate,
				or record conditions to control or prevent the growth of microorganisms of
				public health significance. Equipment and tools used for covered produce
				include, but are not limited to:
1.
				knives;
2. implements;
3. mechanical harvesters;
4. waxing machinery;
5. cooling equipment (including
				hydrocoolers);
6. grading
				belts;
7. sizing
				equipment;
8. palletizing
				equipment;
9. equipment used to
				store or convey harvested covered produce;
10. containers;
11. bins;
12. food-packing material;
13. dump tanks;
14. flumes;
15. vehicles; or
16. other equipment used for transport that
				are intended to, or likely to, contact covered produce.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1219 - Sprouts (Reserved)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S
				  3:922 and
				  923.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1221 - Registration of Farms

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				covered produce farm, as defined within this Chapter, whose annual gross
				produce sales is $25,000 or more over a period of three consecutive years
				shall:
1. register with the department in
				accordance with this Chapter on an annual basis no later than July 1 of each
				year; and
2. update the
				registration with the department within 90 day of any changes in activity on
				the covered produce farm.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1223 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				otherwise specified herein, all records required under this Chapter shall:
1. include, as applicable:
a. the name and location of the covered
				produce farm;
b. actual values and
				observations obtained during monitoring;
c. an adequate description, such as the
				commodity name, or the specific variety or brand name of a commodity, and, when
				available, any lot number or other identifier, of covered produce applicable to
				the record; and
d. the date and
				time of the activity documented;
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1225 - Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every covered
				produce farm, as defined within this Chapter shall timely file an annual report
				with the department, by no later than June 1 every year.
B. The department will send annual report
				forms to covered produce farms by U.S. Mail or email, to be completed and
				returned to the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S
				  3:922 and
				  923.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1227 - Stop Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				department or its authorized representative(s) shall have the right to enter
				any covered produce farm to inspect that facility and any records pertaining to
				the growing, harvesting, packing, or holding of covered produce.
B. The department or its authorized
				representative(s) may, while enforcing the provisions of this Chapter, issue
				and enforce a written, printed or stamped stop order to prevent covered produce
				from being sold, shipped or removed from the premises where they are found if:
1. the department's authorized representative
				has been refused the right to enter the premises where the covered produce has
				been grown, harvested, packed, or held; or
2. the covered produce farm is in violation
				of this Chapter;
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1229 - Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				department has reason to believe that a violation of
				R.S.
				3:921 et seq., or this Chapter has occurred,
				the department may conduct an investigation to gather information regarding any
				possible violation.
B. The
				department may initiate an investigation either in response to a complaint or
				on its own.
C. The department or
				its authorized representative(s) shall have the right to enter any covered
				produce farm to investigate any alleged or suspected violations of
				R.S.
				3:921 et seq. or the provisions of this
				Chapter.
D. Covered farms have a
				duty to cooperate with any investigation conducted by the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S
				  3:922 and
				  923.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1231 - Violations; Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				violation of these rules and regulations, any stop order or other orders issued
				by the Commissioner in the enforcement of these rules and regulations and every
				day of a continuing violation shall be considered a separate and distinct
				violation subject to charges and penalties under these rules and
				regulations.
B. Notwithstanding the
				criminal violations set forth in
				R.S.
				3:925, whoever violates
				R.S.
				3:921-928, or the regulations promulgated
				herein, shall be fined not less than $25 nor more than $100.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S
				  3:922 and
				  923.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 12 - Produce Safety › Section V-1233 - Adjudicatory Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. If, after an
				investigation has been conducted, the department has reason to believe that a
				covered produce farm has violated any provision of
				R.S.
				3:921-928 or this Chapter, the department may
				conduct an adjudicatory hearing in accordance with the Administrative Procedure
				Act (R.S.
				49:950 et seq.) in order to determine whether
				a violation has occurred and whether to impose civil penalties.
B. All hearings conducted pursuant to this
				Section shall be heard by a three-person 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 a penalty of
				not more than $100 per violation be imposed. The hearing panel's recommendation
				shall be submitted to the commissioner for his determination.
D. The commissioner's determination in
				adjudicatory matters shall be final and may be appealable in accordance with
				the Administrative Procedure Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:922 and
				  923.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 13 - Produce Assembly Center › Section V-1301 - Operation of Center

Current through Register Vol. 50, No. 6, June 20, 2024
A. The produce
				assembly center will be operated by the Department of Agriculture and Forestry;
				the center manager will be a state employee.
B. Only produce for consignment will be
				marketed through the produce assembly center.
C. Official grading services will be
				available through the produce assembly center.
D. The produce assembly center will arrange
				for transportation of the produce from the produce assembly center.
E. The produce assembly center will not
				operate during months when no produce is available for consignment. At least 15
				days' advance notice of closure of the center will be given by publication in a
				newspaper of general circulation in the area in which the produce assembly
				center is located.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:406 and
				  R.S.
				  3:404.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 13 - Produce Assembly Center › Section V-1303 - Produce to be Marketed through the Produce Assembly Center

Current through Register Vol. 50, No. 6, June 20, 2024
A. All produce must be graded by official
				graders at the produce assembly center.
B. Only USDA #1 and USDA #2 grades will be
				accepted for consignment.
C. All
				produce must be packaged in containers which are acceptable in the produce
				trade. Containers will be available at cost at the produce assembly
				center.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:406 and
				  R.S.
				  3:404.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 13 - Produce Assembly Center › Section V-1305 - Consignment of Produce and Payment Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. A commission of percent of the selling
				price will be charged on all produce marketed through the produce assembly
				center. Fees will be used to defray the operating expenses of the
				center.
B. The percent commission
				will be due and payable upon receipt by the seller of the purchase price of the
				produce.
C. The produce assembly
				center manager will deduct the commission of percent from the sales revenues
				received from the buyer and pay over the remainder to the seller.
D. The revenues from sales of produce will be
				paid over to the seller by the produce assembly center manager immediately upon
				receipt of the sales revenues from the buyer, but no later than 30 days after
				delivery of the produce to the produce assembly center.
E. In any circumstances where the sales
				revenues are not received by the produce assembly center manager within 30 days
				after delivery of the produce to the center, the produce assembly center
				reserves the right to pay over only 75 percent of the agreed-upon selling
				price, subject to correction upon receipt of revenues from the sale of the
				produce.
F. Separate accounting
				records will be maintained on transactions for each seller, and any seller may
				examine the accounting records for his account at any time during regular
				business hours.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:406 and
				  R.S.
				  3:404.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 13 - Produce Assembly Center › Section V-1307 - Marketing Advisory Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				produce assembly center manager will establish and maintain contact with major
				produce buyers throughout the country to determine the most advantageous crops
				for marketing.
B. Results of the
				produce assembly center manager's surveys of produce buyers will be posted at
				the center and will be made available to producers in the area.
C. At least once each year, prior to planting
				season, the State Department of Agriculture and the Cooperative Extension
				Service will conduct an informational forum to disseminate information on
				potential markets for produce. General information meetings may be held at
				other times throughout the year as deemed appropriate by the Department of
				Agriculture and Forestry.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:406 and
				  R.S.
				  3:404.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 13 - Produce Assembly Center › Section V-1309 - Right of Refusal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The produce
				assembly center will not accept any produce for consignment which does not meet
				USDA #1 or USDA #2 grade standards, according to the findings of official
				graders.
B. The produce assembly
				center will not accept any produce for which no markets are
				available.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:406 and
				  R.S.
				  3:404.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 15 - Farm Youth Loan Program › Subchapter A - Authorization and Administration of Farm Youth Loans and Loan Guarantees › Section V-1501 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Applicant
-a natural person applying for a
					 farm youth loan or for a farm youth loan guarantee who is a resident of
					 Louisiana and between 10 and 20 years of age.
Borrower
-anyone who is granted a farm
					 youth loan.
Commission
-the State Market
					 Commission.
Commissioner
-the Commissioner of
					 Agriculture.
Compromise Agreement
-any agreement between
					 the borrower and the commission or lender, in the case of a guaranteed loan, to
					 satisfy the loan obligation incurred by the borrower.
Department
-the Department of
					 Agriculture.
Farm Youth Loan
-a loan which shall be used
					 for the purpose of raising, growing, and selling of livestock, poultry, eggs,
					 or agronomic, horticultural, silvacultural, or aquacultural crops.
Farm Youth Loan Guarantee
-an agreement
					 that, in the event of default, the state shall pay the lender 75 percent of the
					 principal and interest due and payable under a farm youth loan secured by a
					 chattel mortgage, crop lien or other security.
Lender
-any bank, financial institution or
					 federal agency making loans to any borrower who is eligible for a farm youth
					 loan guarantee.
Supervisor
-any vocational agriculture
					 teacher, home economics teacher, county agent, home demonstration agent or any
					 other person who has responsibility for direct supervision of the project for
					 which the loan funds are used.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:542 and
					 R.S.
					 3:543.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 15 - Farm Youth Loan Program › Subchapter A - Authorization and Administration of Farm Youth Loans and Loan Guarantees › Section V-1503 - Applicant Eligibility Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant must be a resident of
				  Louisiana and between 10 and 20 years of age, i.e., already having had a tenth
				  birthday but not yet having a twentieth birthday.
B. The applicant must be a member in good
				  standing of any 4-H Club, Future Farmers of America, Future Homemakers of
				  America organization, or any other farm youth organization functioning within
				  the state school system.
C. The
				  applicant must present a signed statement from the recommending supervisor of
				  the project and/or the school principal, that the applicant's scholastic work
				  is satisfactory.
D. The applicant
				  must present a signed statement by the recommending supervisor of the project
				  that in his opinion the applicant has a need for the loan.
E. The applicant must present a signed
				  statement by the recommending supervisor that he is a member in good standing
				  of a farm youth organization recognized by the commission and that:
1. the project for which the loan will be
				  used will be closely supervised by the recommending supervisor;
2. the applicant is eligible for the loan;
				  and
3. the loan is
				  recommended.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 15 - Farm Youth Loan Program › Subchapter A - Authorization and Administration of Farm Youth Loans and Loan Guarantees › Section V-1505 - Time and Manner of Filing Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications may be filed at any time
				  throughout the year and may be personally delivered to the State Market
				  Commission Office in Baton Rouge or forwarded through the U.S. mail.
B. An application will be considered filed
				  only upon provision of all information required in §1507
C. A complete application must be physically
				  on hand in the State Market Commission Office at least 10 working days prior to
				  the meeting at which the application will be considered by the
				  commission.
D. In the case of an
				  application for a loan guaranty, the application must be jointly executed by
				  the applicant and the lender on forms provided by the commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:547,
					 R.S.
					 3:549 and
					 R.S.
					 3:543.