Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVI - Agricultural Ethanol Production › Chapter 1 - Agricultural Ethanol Productions › Section XXXVI-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				definitions listed below and unless otherwise provided, the definitions in
				R.S.
				3:3703 shall apply to these regulations.
Act
-the Agricultural Ethanol Production
				  Law.
Adjudicatory Proceeding
-an open public
				  hearing by the board to determine whether violations of the Act or these
				  regulations have occurred. Such proceedings are conducted in accordance with
				  the Louisiana Administrative Procedure Act (R.S.
				  49:950 et seq.).
Agency Contract
-a contract between a
				  certified market participant and an intermediary, such as a grain dealer or
				  warehouseman, who purchases or stores agricultural commodities or products for
				  use in ethanol.
Agricultural Commodities
or
Products
-crops and products made from processing crops.
				  Commodities or products shall include sugar cane, grains (rice, rough rice,
				  corn, wheat, oats, rye, soybeans, barley, milo and grain sorghum), sweet
				  potatoes and sugar beets. Products shall include syrup and molasses. Any other
				  agricultural commodity or product capable of producing ethanol may be declared
				  to be an agricultural product or commodity by the board.
Applicant
-a person who applies for
				  designation as a certified market participant.
Authorized Agent
-any representative of a
				  certified market participant whose name has been filed with the board is
				  empowered by the certified market participant and the board to act for or on
				  behalf of a certified market participant.
Blender
-any person who purchases and mixes
				  ethanol and gasoline for sale as gasohol and who files the required reports
				  with the Louisiana Department of Revenue and Taxation.
Board
-the Agricultural Industry Board
				  established by
				  R.S.
				  3:3704.
Capital Costs
-all expenditures made for the
				  acquisition of land, equipment, buildings, engineering, construction interests
				  and other expenses necessary to build an ethanol facility.
Central Registry
-the public filing and
				  listing of security devices encumbering agricultural crops, commodities or
				  products maintained by the commissioner.
Certified Market Participant
-an applicant
				  approved by the board to participate in a cooperative endeavor authorized under
				  this Chapter.
Certified Market Participant Confidential Business
				  Plan
-a confidential financial document or series of documents
				  presented by an applicant or certified market participant periodically with the
				  board, containing proposed agency and producer contracts and all other
				  confidential and financial audit information.
Certified Market Participant Contract
-a
				  contract or cooperative endeavor between the board and a certified market
				  participant relating to the production of ethanol.
Commissioner
-the Louisiana Commissioner of
				  Agriculture and Forestry or his duly authorized representative.
Controlling Interest
-ownership by an
				  individual or his spouse, either individually or collectively, of an interest
				  in a person or entity which exceeds 25 percent of any legal entity.
Cooperative Endeavor
-a contractual
				  relationship between the state of Louisiana through the board with a person for
				  a public purpose.
Ethanol
-an ethyl alcohol which meets all of
				  the following conditions in that it:
a. has a purity of at least 99 percent, determined without
				  regard to any added denaturants;
b. has been denatured in conformity with one of the approved
				  methods set forth by the United States Bureau of Alcohol, Tobacco and
				  Firearms;
c. has been derived from agricultural commodities or
				  products; and
d. has been produced in the state of Louisiana wholly from
				  fermentation and distillation in the state of Louisiana.
Ethanol Facility
-a facility:
a. which is located in Louisiana;
b. owned or leased and shall be permanently constructed or
				  converted and operated for the purpose of producing ethanol as its primary
				  product from agricultural commodities or products;
c. whose entire production, fermentation and distillation
				  shall occur in Louisiana; and
d. whose ethanol shall be produced and sold for use in
				  gasohol in Louisiana.
First Point of Sale
-
a. the initial time when title to agricultural commodities or
				  products passes from a seller to a buyer; or
b. the time when agricultural commodities or products are
				  removed from storage.
Fund
-the Agricultural Industry Incentive
				  Fund established by
				  R.S.
				  3:3706.
Gasohol
-a fuel that contains not more than
				  90 percent gasoline and at least 10 percent ethanol.
Gasohol Multiplier
-the number 10, which
				  reflects the fact that 10 gallons of gasohol contains at least one gallon of
				  ethanol.
Grain Dealer
-any person who purchases
				  agricultural commodities or products from producers, sells agricultural
				  commodities for producers or represents producers in the purchase or sale of
				  agricultural commodities. The term does not include producers who purchase
				  grain commodities for their own use as feed or seed.
Intermediary
-any person who purchases or
				  stores agriculture commodities to be used to produce ethanol by a certified
				  market participant. Grain dealers, a warehousemen and warehouse operators are
				  intermediaries.
Licensee
-any person holding a license as a
				  warehouse or grain dealer issued by the Louisiana Agricultural Commodities
				  Commission.
Person
-any individual, partnership,
				  association, corporation or other legal entity.
Principal Managers
-the individuals or
				  persons responsible for the daily operation of an ethanol facility.
Principal Office
-the location where the
				  records of the certified market participant will be maintained in the state of
				  Louisiana.
Principal Stockholders
or
Owners
-any individual who owns directly or indirectly 10
				  percent of an ethanol facility operated by a certified market
				  participant.
Producer
-a farmer, individual or person that
				  engages in the production of agricultural commodities or products.
Producer Contracts
-a two or three party
				  contract between and among an agriculture producer, certified market
				  participant and intermediaries, such as a grain dealer or a
				  warehouseman.
Production Records
-written evidence of the
				  ethanol produced daily by a certified market participant.
Rules
or
Regulations
-the
				  rules or regulations adopted by the Agricultural Industry Board under the
				  authority granted by the Act.
Scale Ticket
-the document issued to a
				  producer when agricultural commodities or products are delivered to
				  intermediaries such as a warehouse or grain dealer.
Security Device
-any assignment, pawn,
				  pledge, mortgage, privilege, lien or other device by which an interest in
				  agricultural commodities or products is encumbered, either legally or
				  conventionally, to secure the fulfillment of any obligation.
Settlement Sheets
-documents which reconcile
				  contracts, shipping tickets, charges, deductions and payments to determine the
				  value and quantity of agriculture commodities or products received by the
				  certified market participant.
Shipping Documents
-the written evidence of
				  ethanol produced and shipped by a certified market participant.
Sold for Use in Gasohol
-that ethanol will be
				  blended with gasoline and Louisiana taxes are paid on the sale of gasohol in
				  Louisiana. This intent is evidenced by any document of gasohol sales as
				  reported to the Louisiana Department of Revenue and Taxation on its Monthly
				  Motor Fuels Report.
Spot
or
Spot Sale
-a
				  transaction where title to agricultural commodities or products passes from the
				  producer to the buyer on the day of delivery, in which transaction the producer
				  is paid promptly at the market price established on the day of delivery.
Storage
-the physical possession by a
				  warehouse, in any manner and/or under any type of fee arrangement, of
				  agricultural commodities or products belonging to any person other than the
				  owner of the warehouse. The term storage does not apply to a transaction in
				  which title passes from the seller to the buyer upon delivery.
Taxes Imposed on Gasohol
-any state tax
				  levied on gasohol and includes any tax levied on gasohol under the provisions
				  of R.S.
				  47:711,
				  R.S.
				  47:802,
				  R.S.
				  47:302(A), and
				  R.S.
				  47:331(A).
Under Substantial Construction
-the certified
				  market participant has entered into binding contracts for capital costs,
				  including contracts for the purchase of land, engineering, capital construction
				  and all other projects costs, the total of which shall be not less than 25
				  percent of the project costs.
Warehouse
-any building, structure or any
				  other protected enclosure in which agricultural commodities or products or farm
				  products are stored for the public for a fee. The term includes facilities
				  which commingle commodities, facilities which preserve the identity of separate
				  lots of agricultural commodities or products and facilities which dry and/or
				  condition agricultural commodities or products belonging to any person other
				  than the facility owner.
Warehouseman
or
Warehouse
				  Operator
-any person or entity operating a warehouse.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3703 and
				  R.S.
				  3:3704.