reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter B - Licenses › Section XIII-1305 - Licensing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each industrial
				  hemp seed producer, grower, processor, or handler shall obtain a license from
				  LDAF prior to engaging in the regulated activity.
B. Each licensee shall be assigned a license
				  number in the form prescribed by the USDA.
C. The effective dates of all industrial hemp
				  licenses shall be from the date of issuance through December 31 of any given
				  year, and licenses must be renewed annually by November 30.
D. Applications shall be handled and
				  processed by LDAF and reviewed for approval or denial. Upon completion of the
				  review process, the applicant will be notified of the application
				  status.
E. The licensee shall be
				  responsible for the cost of all licenses and sample testing fees.
F. No unlicensed person who is not an
				  employee of a licensee shall grow, cultivate, handle, store, process, or
				  commence transporting industrial hemp at any location within Louisiana. No
				  licensee shall allow any unlicensed person who is not an employee of that
				  licensee to grow, cultivate, handle, store, process, or transport industrial
				  hemp under his or her license. For purposes of this Chapter, employees of a
				  licensee shall not include independent contractors or persons issued a 1099 tax
				  form by that licensee.
G. No person
				  under the age of 18 years of age shall be granted a license under this
				  Chapter.
H. No person shall be
				  eligible to obtain a license if the applicant:
1. was convicted of a felony within the ten
				  years immediately preceding the application date.
2. was convicted of a drug-related
				  misdemeanor conviction within the two years immediately preceding the
				  application date;
3. fails to
				  provide all application requirements and documentation; or
4. materially falsifies any information
				  contained in the application.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter B - Licenses › Section XIII-1307 - Seed Producer License

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person
				  shall produce industrial hemp seed for planting purposes without first applying
				  for and being granted a seed producer license from LDAF.
B. A seed producer license issued by LDAF
				  shall authorize the licensee to obtain, produce, transport, and sell industrial
				  hemp seed pursuant to this Chapter.
C. All producers of industrial hemp seed
				  shall comply with the requirements set forth in
				  R.S.
				  3:1431 et seq., including but not limited to
				  the testing and labeling requirements of agricultural seeds.
D. The application shall include, at a
				  minimum, the following information for consideration:
1. type of license being requested as set
				  forth in R.S. 3:1465;
2. applicant's full name, Louisiana mailing
				  and physical address, telephone number, email address, and proof of
				  identification;
3. physical
				  address, legal description, location ID, and GPS coordinates for each field,
				  greenhouse, indoor growing structure, or site where industrial hemp will be
				  grown, handled, or stored;
4. if
				  the applicant is a business entity:
a. the
				  full name of the business;
b. the
				  principal Louisiana business physical address;
c. the full name, title and email address of
				  the individual applying for the license;
d. the full name, title, and email address of
				  the designated responsible party;
e. the full name and mailing address of the
				  registered agent; and
f. the
				  employer identification number.
5. detailed maps depicting each site where
				  industrial hemp seed will be produced, handled, and stored, with appropriate
				  designations for entrances, field boundaries, and the specific locations
				  corresponding to GPS coordinates;
6. proposed field acreage or square footage
				  for all greenhouse(s) or indoor growing structure(s) to be planted for seed
				  production; and
7. Repealed.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter B - Licenses › Section XIII-1309 - Grower License

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person
				  shall grow industrial hemp without first applying for and receiving an
				  industrial hemp grower license from LDAF.
B. A grower license issued by LDAF shall
				  authorize the licensee to obtain industrial hemp seed, possess industrial hemp
				  seed for planting, cultivate an industrial hemp crop, harvest industrial hemp
				  plant parts, as well as possess, store, transport, and market plant parts grown
				  under their grower's license pursuant to this Chapter.
C. The application shall include, at a
				  minimum, the following information for consideration:
1. type of license being requested as set
				  forth in R.S. 3:1465;
2. applicant's full name, Louisiana mailing
				  and physical address, telephone number, email address, and proof of
				  identification;
3. physical
				  address, legal description, location ID, and GPS coordinates for each field,
				  greenhouse, indoor growing structure, or site where industrial hemp will be
				  cultivated, handled, or stored;
4.
				  if the applicant is a business entity:
a. the
				  full name of the business;
b. the
				  principal Louisiana business physical address;
c. the full name, title and email address of
				  the individual applying for the license;
d. the full name, title, and email address of
				  the designated responsible party;
e. the full name and mailing address of the
				  registered agent; and
f. the
				  employer identification number;
5. detailed maps depicting each site where
				  industrial hemp will be cultivated, handled, or stored, with appropriate
				  designations for entrances, field boundaries, and the specific locations
				  corresponding to GPS coordinates;
6. proposed field acreage or square footage
				  for all greenhouse(s) or indoor growing structure(s) to be planted;
				  and
7.
				  Repealed.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter B - Licenses › Section XIII-1311 - Processor License

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person
				  shall process industrial hemp into a nonconsumable product without first
				  applying for and receiving an industrial hemp processor license from
				  LDAF.
B. A processor license issued
				  by LDAF shall authorize the licensee to possess, process, store, or transport
				  industrial hemp plant parts for processing pursuant to this Chapter.
C. The application shall include, at a
				  minimum, the following information for consideration:
1. applicant's full name, Louisiana mailing
				  and physical address, telephone number, email address, and proof of
				  identification;
2. if the applicant
				  is a business entity:
a. the full name of the
				  business;
b. the principal
				  Louisiana business physical address;
c. the full name, title and email address of
				  the individual applying for the license;
d. the full name, title, and email address of
				  the designated responsible party;
e. the full name and mailing address of the
				  registered agent; and
f. the
				  employer identification number.
3. detailed maps, legal description, physical
				  address, location ID, and GPS coordinates for each building or site where
				  industrial hemp will be processed, handled, or stored.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter B - Licenses › Section XIII-1313 - Handler License

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person
				  shall handle industrial hemp without first applying for and receiving an
				  industrial hemp handler license from LDAF.
B. A handler license issued by LDAF shall
				  authorize the licensee to:
1. transport or
				  deliver industrial hemp in intrastate commerce for compensation;
2. commercially harvest, store, or grind
				  industrial hemp material received from a grower;
3. clean or package industrial hemp seed
				  received from a seed producer:
4.
				  broker industrial hemp material; and
5. receive industrial hemp for
				  testing.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter B - Licenses › Section XIII-1315 - Criminal Background Check

Current through Register Vol. 50, No. 6, June 20, 2024
NOTE: See
					 §1305.H 1-2 for
					 criminal conviction prohibitions regarding licensure
A. The applicant for each seed producer,
				  grower, processor, or handler license shall undergo and pay for a criminal
				  background check in accordance with La.
				  R.S.
				  3:1465(D).
B. If the applicant is a business entity, the
				  individual applying for a license, and the designated responsible party shall
				  undergo and pay for a criminal background check.
C. Each individual who is required to undergo
				  and submit a criminal background check shall:
1. submit a criminal background check
				  application to the Louisiana State Police as set forth in
				  R.S.
				  3:1465(D);
2. Submit payment for the background check
				  fee directly to the Louisiana State Police, Bureau of Criminal Identification
				  and Information as set forth in
				  R.S.
				  3:1465(D); and
3. include a certified copy of the background
				  check reports with the industrial hemp license application or the applicant may
				  authorize Louisiana State Police to deliver the completed criminal background
				  check directly to LDAF.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter C - Fees › Section XIII-1317 - Licensing and Testing Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. License
				  Fees
1. The annual fee for a seed producer,
				  grower, processor, and handler license shall be $500 each.
2. New license fees are due upon notification
				  of application approval. No license shall be issued until payment of the
				  license fee is received by LDAF.
3.
				  No license shall be issued until payment of the license fee is received by
				  LDAF.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter D - Seed Producers and Growers › Section XIII-1319 - Requirements for Seed Producers and Growers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensed seed producers and growers shall
				  post a sign at each field, greenhouse, or indoor growing structure. The sign
				  shall comply with the following requirements and remain posted during the
				  entire crop cycle:
1. the designation,
				  "Louisiana Industrial Hemp Program";
2. industrial hemp license number;
3. LDAF industrial hemp programs telephone
				  number;
4. minimum sign size shall
				  be 18 inches by 24 inches for a field and 8.5 inches by 11 inches for a
				  greenhouse or indoor growing structure;
5. the sign shall be posted at the main
				  entrance of each field, greenhouse, or indoor growing structure; and
6. the sign shall be printed and conform to
				  the design template provided to each licensee by LDAF.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter D - Seed Producers and Growers › Section XIII-1321 - Seed Acquisition and Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall acquire seeds from a
				  source outside the U.S. or from a U.S. territory, tribal land or state other
				  than Louisiana without first:
1. submitting a
				  completed seed acquisition request form and all required attachments to LDAF;
				  and
2. obtaining written approval
				  of the seed acquisition request form from LDAF.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter E - Restrictions and Prohibitions › Section XIII-1323 - Land Use Restrictions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  licensee shall not grow, handle, process, or store industrial hemp in any
				  structure that is used or appears to be used for residential
				  purposes.
B. A licensee shall not
				  grow, handle, process or store industrial hemp in any outdoor field or site
				  that is located within 1,000 feet of a school, daycare or similar public areas
				  frequented by children as determined by LDAF.
C. An applicant may not apply for a license
				  to grow, cultivate, handle, or process industrial hemp on property that is not
				  owned or leased by that applicant.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 3:1464 and
					 R.S.
					 3:1465.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter E - Restrictions and Prohibitions › Section XIII-1325 - Restrictions on Sale or Transfer

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  licensee shall not sell or transfer, or permit the sale or transfer of living
				  industrial hemp plants, viable plant parts, or seeds to any person in the state
				  who does not hold an industrial hemp license issued by LDAF.
B. Licensees may transfer up to one pound of
				  industrial hemp plants or plant parts per transfer to testing laboratories,
				  both within and outside the state for the purpose of measuring THC, CBD, or
				  other phytocannabinoid profile levels. It is the responsibility of the licensee
				  to ensure compliance with laws in other states.
C. A licensee shall not store industrial hemp
				  or industrial hemp plant parts at any location that was not previously approved
				  by LDAF on that licensee's application and/or site modification request
				  form.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 3:1464.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter E - Restrictions and Prohibitions › Section XIII-1327 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall:
1. sell, offer for sale, expose, distribute
				  or transport industrial hemp seed not produced in accordance with the
				  provisions of this Chapter;
2. fail
				  to comply with sample collection, and testing requirements prior to harvesting
				  or destroying any industrial hemp plants or plant parts in accordance with this
				  Chapter;
3. detach, alter, deface,
				  or destroy any required documentation specified in this Chapter;
4. alter, substitute, or misrepresent seed in
				  a manner inconsistent with this Chapter;
5. hinder or obstruct in any way any
				  authorized agent(s) of LDAF in the performance of their duties;
6. fail to comply with all licensing and
				  reporting requirements set forth in the Industrial Hemp Law (R.S.
				  3:1461 et seq.) or this Chapter;
7. fail to keep required records as set forth
				  in this Chapter or to provide such records to LDAF for inspection upon
				  request;
8. fail to monitor and/or
				  destroy volunteer industrial hemp plants for three years following cultivation
				  as set forth in this Chapter;
9.
				  provide false, misleading, or incorrect information to LDAF pertaining to the
				  licensees cultivation, processing, or transportation of industrial hemp
				  including, but not limited to, information provided in any application, report,
				  record, or inspection required or maintained in accordance with the Industrial
				  Hemp Law (R.S. 3:1461
et
				  seq.
) and this Chapter;
10. Plant, grow, store, transfer, or process
				  industrial hemp on any site not listed in the licensing application or site
				  modification request form as set forth in this Chapter;
11. sell or transfer, or permit the sale or
				  transfer of living industrial hemp plants or plant parts to a person in the
				  state who does not hold an industrial hemp license issued by LDAF;
12. commingle harvested industrial hemp plant
				  parts from one plot with harvested industrial hemp plant parts from another
				  plot prior to receipt of compliant THC concentration level test results from
				  LDAF;
13. commingle different
				  varieties of industrial hemp plants in a single plot; or
14. adulterate industrial hemp plants or
				  plant parts in any manner that renders it non-compliant with this
				  Chapter.
15. sell, offer for sale,
				  expose, distribute, transport or plant industrial hemp seed which has been
				  designated by LDAF as a
prohibited variety
;
16. produce industrial hemp with a total THC
				  concentration level greater than 1.0 percent.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter F - Reporting, Research, and Record Keeping › Section XIII-1329 - Production Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Industrial
				  hemp grower, seed producer, and processor licensees shall be required to
				  maintain and submit annual production reports to LDAF on forms provided by LDAF
				  by November 15.
1. Annual production reports
				  submitted by licensed growers and seed producers shall include the following:
a. Total amount of industrial hemp sold for
				  processing;
b. Total dollar value
				  of industrial hemp sold for processing; and
c. total amount of industrial hemp seed
				  sold;
d. total value of industrial
				  hemp seed sold; and
e. current
				  industrial hemp plant parts in storage and location of that storage.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter F - Reporting, Research, and Record Keeping › Section XIII-1330 - Industrial Hemp Research

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except for
				  those entities exempted pursuant to
				  R.S.
				  3:1469, all research institutions who intend
				  to perform industrial hemp research shall possess a valid license with LDAF,
				  and submit an annual industrial hemp research plan to LDAF. The research plan
				  shall include, but not be limited to, the following information:
1. a detailed research summary outlining the
				  purpose and objectives that demonstrates to LDAF's satisfaction that research
				  of hemp is being performed;
2. all
				  locations where industrial hemp research will be conducted;
3. strain(s) and/or variety(ies) of
				  industrial hemp used in the research;
4. a timeline of all research
				  activities;
5. a destruction plan
				  for all cannabis plants involved in the research;
6. results of hemp-related research
				  information and findings conducted by the licensee during the previous 12-month
				  period. Trade secret or patent information developed from hemp research may be
				  omitted from the annual research plan so long as it is necessary for the
				  research institution to protect such information; and
7. any other information as may be requested
				  by LDAF.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter F - Reporting, Research, and Record Keeping › Section XIII-1331 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. All licensees
				  shall maintain, at a minimum, the following records, where applicable:
1. all records for crop production and crop
				  destruction;
2. documentation of
				  any sales or distribution, including the party to which all product was sold or
				  distributed;
3. for seed producers
				  and growers, documentation of traceability from seed acquisition to harvest or
				  crop termination; and
4. for
				  processors, documentation of industrial hemp acquisition from grower to their
				  final product.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter G - Inspections › Section XIII-1332 - Reporting to USDA

Current through Register Vol. 50, No. 6, June 20, 2024
A. LDAF shall
				  submit to USDA a report providing the contact information and the status of the
				  license issued for each grower and seed producer. The report shall be submitted
				  by the first of each month. If the first of the month falls on a weekend or
				  holiday, the report is due by the first business day following the due date.
				  The report shall be submitted through the USDA's online Hempe Management
				  Platform (HeMP) system or by any other manner of submission that may be
				  required by USDA. The report shall contain the following information:
1. For each new licensee that is an
				  individual, the report shall include:
a. the
				  full name of the individual;
b. the
				  license number and status;
c. the
				  business address;
d. telephone
				  number and email address (if applicable); and
e. a legal description and GPS coordinates
				  for each field, greenhouse, indoor growing structure, or site where industrial
				  hemp will be cultivated, handled, or stored.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter G - Inspections › Section XIII-1333 - Site Access and Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
				  there is reason to believe that a violation of any provision of
				  R.S.
				  3:1461 et seq. or this Chapter has occurred,
				  the commissioner or his authorized agent(s) shall have access, during normal
				  working hours, to any premises where industrial hemp plants or plant parts are
				  transported, produced, cultivated, handled, and/or stored for the purpose of
				  inspection, investigation, and/or collection of samples for testing. The
				  commissioner or his authorized agent(s) may inspect and/or sample any
				  industrial hemp seed, plant, or plant parts located on the premises. LDAF shall
				  not charge a testing fee for samples collected pursuant to an investigation
				  initiated by LDAF.
B. LDAF shall
				  conduct inspections, at least annually, of a random sample of licensees to
				  verify that industrial hemp is not being produced in violation of this
				  R.S.
				  3:1461 et seq., or this Chapter.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 3:1464 and
					 R.S.
					 3:1468.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter H - Sampling, Testing, Remediation, and Destruction › Section XIII-1335 - THC Sampling and Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  industrial hemp plants or plant parts, whether harvested or unharvested, shall
				  be subject to sampling and testing for THC levels by LDAF as set forth in this
				  Section.
B. The licensee shall be
				  responsible for the cost of all sample testing fees, as set forth in this
				  Chapter.
C. Sample Collection
1. Licensees shall submit a Harvest Report
				  for each field, greenhouse or indoor growing structure to LDAF prior to
				  harvesting any industrial hemp plants.
2. LDAF will attempt to notify the licensee
				  of the date and approximate time when samples will be collected.
3. The licensee or designated responsible
				  party shall be present during the sample collection.
4. LDAF will collect samples from each plot
				  within any field, greenhouse, or indoor growing structure.
5. LDAF may retain and transport samples of
				  industrial hemp plants and plant parts collected from an industrial hemp
				  licensee as required by the Industrial Hemp Law (R.S.
				  3:1461 et seq.) and this Chapter.
6. All samples collected by LDAF become the
				  property of the LDAF and are non-returnable. No compensation shall be owed by
				  LDAF for samples collected under this Chapter.
7. The licensee shall not harvest industrial
				  hemp plants or plant parts prior to samples being collected by LDAF.
8. The licensee shall harvest industrial hemp
				  plants or plant parts within 30 days of the sample collection by LDAF, unless
				  an exception is authorized in writing by LDAF. Should a licensee fail to
				  complete harvest within 30 days and no exception was authorized by LDAF, a
				  second sample and test of the plot shall be performed and the licensee shall be
				  assessed an additional testing fee per sample in an amount not to exceed $250
				  per sample.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter H - Sampling, Testing, Remediation, and Destruction › Section XIII-1337 - Remediation and Destruction

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  industrial hemp plants or plant parts that are noncompliant with the acceptable
				  industrial hemp THC level shall be remediated or destroyed in compliance with
				  this Chapter. Any industrial hemp plants or plant parts that test greater than
				  1.0 percent total THC shall be destroyed.
B. Producers may choose to remediate any
				  non-compliant industrial hemp plants by one of the following methods:
1. removing and destroying all flower
				  material, while retaining stalk, stems, leaf material, and seeds; or
2. shredding the entire plant into a
				  biomass-like material.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter I - Enforcement › Section XIII-1339 - Adjudicatory Proceedings; Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner may suspend or revoke any
				  license issued under the provisions of
				  R.S.
				  3:1465 and this Chapter. The commissioner may
				  also assess a civil penalty for violation of any provision of
				  R.S.
				  3:1461 et seq. or any violation of any
				  regulation enacted under the authority of said statutes.
B. Whenever the commissioner has reason to
				  believe that a licensee has violated any provision of the
				  R.S.
				  3:1461 et seq. or this Chapter, the
				  commissioner shall notify the licensee of the alleged violation as well as an
				  opportunity to respond thereto, by certified mail, prior to any scheduled
				  hearing date.
C. Each separate day
				  on which any violation occurs shall be considered a separate
				  violation.
D. No penalty may be
				  assessed nor may any license be suspended or revoked by the commissioner prior
				  to the holding of an adjudicatory hearing before the commission. Such
				  adjudicatory hearing shall be conducted in accordance with the requirements of
				  the Administrative Procedure Act; any person alleged to have violated any
				  provision of
				  R.S.
				  3:1461 et seq. or this Chapter shall be
				  accorded all rights and privileges under said Act.
E. The commission shall make an initial
				  determination on alleged violations and recommend findings of fact and
				  conclusions of law together with penalties, if applicable, in
				  writing.
F. The commissioner shall
				  make the final determination on the disposition of alleged violations. If the
				  commissioner does not accept the recommendations of the commission following an
				  adjudicatory proceeding, the commissioner shall notify the commission, in
				  writing, of the reasons for not accepting the commissions
				  recommendations.
G. Reinstatement
				  of a revoked license shall be by hearing before the commission and approval of
				  the commissioner.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1461, 3:1463,
					 R.S.
					 3:1464, and
					 R.S.
					 3:1470.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter I - Enforcement › Section XIII-1341 - Corrective Action Plan for Negligent Violations and Mandatory Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  being subject to license suspension, license revocation, civil penalties, and
				  industrial hemp destruction, a person who is determined by LDAF to have
				  negligently committed the following violations may be subject to a corrective
				  action plan:
1. failing to provide a legal
				  description of the field, greenhouse, indoor growing structure, or site where
				  industrial hemp will be cultivated, handled, or stored;
2. failing to obtain a seed producer, grower,
				  handler, or processor license from LDAF; or
3. producing industrial hemp exceeding the
				  acceptable hemp THC level. A person that has made reasonable efforts to grow
				  industrial hemp and produces cannabis that does not have a total THC
				  concentration of more than 1.0 percent shall not be deemed to have committed a
				  negligent violation.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XIII - Seeds › Chapter 13 - Industrial Hemp › Subchapter I - Enforcement › Section XIII-1343 - Stop Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person
				  believed to be in violation of the Industrial Hemp Law (R.S.
				  3:1461 et seq.) or this Chapter may be issued
				  a written or verbal stop order by LDAF. Stop orders shall be effective
				  immediately upon notification to the alleged violator.
B. If an alleged violator refuses to accept a
				  written stop order when tendered or refuses or fails to claim such stop order
				  when sent by certified mail, the stop order shall be deemed to have been
				  delivered to the alleged violator.
C. Refusal or failure to abide by the terms
				  of a stop order shall constitute a violation of this Chapter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1464 and
					 R.S.
					 3:1470.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter A - General Plant Quarantine Provisions › Section XV-101 - Applicability of Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  regulations contained in this Subchapter apply to quarantine of all plants,
				  plant products, parts thereof and all regulated materials.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter A - General Plant Quarantine Provisions › Section XV-105 - Authority of State Entomologist to Conduct Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever the state entomologist has reason
				  to believe or suspect that any plant pest or plant disease subject to
				  regulation may be present at any location within the state of Louisiana, he may
				  cause an inspection of such premises and/or property to be made. Such
				  inspection shall be made at a reasonable time during the normal work day and
				  may be made with or without warrant.
B. Whenever the state entomologist has reason
				  to believe or suspect that any plant pest or disease has been and/or may be
				  transported into Louisiana and/or transported between two or more locations
				  within Louisiana, by any means, he may establish inspection stations and cause
				  an inspection to be made of any vehicle known or suspected to be transporting
				  any materials known to be hosts for such plant pest or disease. In lieu of
				  establishing inspection stations, the state entomologist may utilize existing
				  inspection stations operated by law enforcement personnel of the state of
				  Louisiana.
C. Whenever the state
				  entomologist determines that materials being shipped into or within the state
				  of Louisiana are infested, the state entomologist may order such materials to
				  be destroyed at the inspection point, or to be shipped back to the point of
				  origin. If shipped back to the point of origin, the owner of such materials
				  shall be responsible for payment of all costs associated with the return
				  shipment. Shipments being returned to the point of origin by order of the state
				  entomologist must be sealed in a manner approved by the state entomologist and
				  cannot stop until reaching the point of origin.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter A - General Plant Quarantine Provisions › Section XV-107 - Authority of State Entomologist to Impose Quarantines

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever the state entomologist's
				  inspection of properties or premises indicates any presence of an infestation
				  of any plant pest or disease, the state entomologist may declare such
				  properties or premises to be under quarantine.
B. The state entomologist may place any
				  premises or properties under quarantine by the following procedures:
1. he must give notice, in writing, to the
				  owner of the properties to be quarantined; and
2. he must publish notice of the quarantine
				  in the
Louisiana Register
as required by
				  §109 hereof.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter A - General Plant Quarantine Provisions › Section XV-109 - Procedure for Imposition of Quarantine

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to giving written notice to
				  the owner of properties to be placed under quarantine, the state entomologist
				  shall annually, no later than November 30 of each year, publish in the
Louisiana Register
a list of all areas of Louisiana and the
				  nation which are under quarantine, such publication to specify the plant pest
				  or plant disease for which each such area is quarantined.
B. All areas contained on the state
				  entomologist's annual listing of quarantined areas shall remain under
				  quarantine for a period of one year following the date of publication, except
				  as provided in
				  §109. C hereof.
C. The state entomologist may, at his
				  discretion, remove the quarantine from any specific area listed in his annual
				  quarantine listing when it is proven to his satisfaction that the plant pest or
				  disease for which the area was quarantined is no longer present in the area
				  from which the quarantine is to be removed. Whenever the state entomologist
				  removes a quarantine prior to the expiration of one year following publication
				  of the annual quarantine listing, he shall publish a report of his action in
				  the
Louisiana Register
.
D. The state entomologist may, at his
				  discretion, supplement his annual quarantine listing whenever any plant pest or
				  disease is detected in any area which is not under quarantine for such plant
				  pest or disease. The state entomologist shall, in such event, supplement his
				  annual quarantine listing by publishing a "Supplement to the (Year of
				  Quarantine) Quarantine Listing for (Name of Plant Pest or Disease)" in the
Louisiana Register
. The quarantine placed on any area by such
				  supplemental action shall expire at the same time as the quarantines contained
				  in his annual quarantine listing for such plant pests and diseases.
E. Upon publication of the state
				  entomologist's annual quarantine listing, all previously published annual and
				  supplementary quarantine listings shall automatically be repealed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1654 and
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter A - General Plant Quarantine Provisions › Section XV-111 - Effect of Quarantine

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Regulated materials may not be grown, harvested, sold, stored or moved out of
				  or within a quarantined area except under special permit issued by the state
				  entomologist.
B. Regulated
				  materials grown, harvested, sold, stored or transported within a quarantined
				  area in the absence of a special permit issued by the state entomologist are
				  subject to destruction at the discretion of the state entomologist.
C. Regulated materials may not be moved from
				  a quarantined area into a pest-free area within Louisiana unless accompanied by
				  a fumigation certificate issued by the state entomologist or by the appropriate
				  official within the state of origin.
D. Regulated materials located within a
				  quarantined area may, at the sole discretion of the state entomologist, be
				  destroyed or disposed of to protect the plant life of the quarantined area.
				  Whenever the state entomologist determines that restricted materials must be
				  destroyed, such destruction shall be performed in a manner approved by the
				  state entomologist. The cost of destruction of such materials shall be borne by
				  the owner of such materials.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter A - General Plant Quarantine Provisions › Section XV-113 - Movement, Sale, Offer for Sale and/or Storage of Host Materials

Current through Register Vol. 50, No. 6, June 20, 2024
A. No host
				  materials may be transported out of Louisiana unless:
1. a valid certificate permit issued by the
				  department accompanies each shipment; and
2. if required by the state of destination, a
				  valid certificate permit tag and/or a fumigation certificate accompanies each
				  shipment.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter A - General Plant Quarantine Provisions › Section XV-115 - Issuance of Certificate Permits, Certificate Permit Tags and Fumigation Certificates

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Certificate permits, certificate permit tags and fumigation certificates may be
				  obtained by application, in writing, to the state entomologist or a local
				  inspector.
B. Certificate permits
				  and certificate permit tags for movement or sale of restricted materials will
				  be issued whenever an inspection reveals that such materials are free of any
				  infestation of the specific plant pest or disease subject to regulation. No
				  certificate permit or certificate permit tag will be issued when such materials
				  are found on inspection to be infested with the plant pest or
				  disease.
C. Container certificate
				  permit tags must be attached to each container of a shipment prior to issuance
				  of a certificate permit.
D.
				  Certificate permits, certificate permit tags and/or fumigation certificates may
				  be canceled by the state entomologist whenever, in his sole judgment, such
				  cancellation is necessary to prevent the spread of any plant pest or plant
				  disease within Louisiana.
E.
				  Certificate permits, certificate permit tags and fumigation certificates become
				  invalid after one shipment and/or one sale.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter A - General Plant Quarantine Provisions › Section XV-117 - Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The owner of any
				  property on which restricted material is stored, planted, cultivated or grown,
				  and any tenant leasing such land, shall be jointly responsible for compliance
				  with these rules and regulations and any other requirements imposed by the
				  state entomologist to eradicate, control and prevent the spread of any plant
				  pest or disease.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter A - General Plant Quarantine Provisions › Section XV-119 - Shipments for Scientific Purposes

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  These regulations do not apply to shipments of regulated materials, under
				  proper safeguards, to the United States Department of Agriculture, or to
				  recognized state institutions for scientific purposes, except that a special
				  permit issued by a duly authorized state or federal plant quarantine inspector
				  must be attached to the outside of the container.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter A - General Plant Quarantine Provisions › Section XV-121 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				  in any way interfere with any agent or inspector representing the state
				  entomologist during the performance of an inspection of premises or other
				  property, the application of suppressive measures for the control or
				  eradication of any plant pest or disease, or the destruction of any plants,
				  plant products or parts, host materials or any other regulated
				  materials.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter B - Nursery Stock Quarantines › Section XV-125 - Applicability of General Quarantine Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nursery stock is subject to all pertinent
				  provisions of the general quarantine regulations and to the regulations
				  contained in this Subchapter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:1652.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter B - Nursery Stock Quarantines › Section XV-126 - Nursery Certificate Permit Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. There is hereby established and henceforth
				  there shall be an annual fee paid by nursery permittees as follows.
1. Any nursery which consists of acreage
				  greater than 2,500 square feet or greenhouse area greater that 200 square feet
				  shall be $100 per location per year and all other nursery certificate
				  permittees shall pay a fee of $25 per location per year.
2. There is hereby established and henceforth
				  there shall be a fee of $0.10 per nursery certificate permit tag issued by the
				  Louisiana Department of Agriculture and Forestry to the nursery certificate
				  permittee.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter B - Nursery Stock Quarantines › Section XV-127 - Citrus Nursery Stock, Scions and Budwood

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purchaser in Louisiana of out-of-state
				  nursery stock will be held responsible for proof of origin of citrus trees in
				  his possession. Purchase receipts will be considered adequate proof of origin,
				  but citrus invoice reports will not be considered adequate proof.
B. Citrus nursery stock, scions and/or
				  budwood may move into Louisiana from areas where tristeza is not known to
				  occur, provided the certifying official in the state of origin states on the
				  certificate of inspection that the nursery is located in an area of the state
				  of origin in which tristeza is not known to occur.
C. Citrus nursery stock, scions and/or
				  budwood may move into Louisiana from areas in which tristeza is known to occur,
				  provided it has been grown under a citrus budwood registration program against
				  tristeza, xyloporosis, psorosis and exocortis, and provided that under this
				  registration program the following are required.
1. The nursery stock, scions and/or budwood
				  is from parent stock that has been tested on trifoliata rootstock at least
				  three years and shows no indication of exocortis.
2. The nursery stock, scions and/or budwood
				  is from parent stock which has been indexed and found free of tristeza within
				  12 months before shipment.
3. The
				  nursery stock, scions and/or budwood is from parent stock that has been indexed
				  and found free of psorosis and the cachexia virulent strain of
				  xyloporosis.
4. The grower has
				  filed a copy of his nursery certificate of inspection with the state
				  entomologist.
5. Each shipment is
				  accompanied by a Louisiana citrus permit tag and a budwood registration tag
				  issued by the appropriate certifying official in the state of origin.
6. Each shipment is accompanied by a citrus
				  invoice report issued by the certifying official of the state of origin,
				  showing the name of the grower; name of consignee; number of trees, scions
				  and/or buds; registered number of parent trees; variety of bud and kind of
				  rootstock. If shipment includes budwood, it must be accompanied by a bud
				  cutting report. A copy of the invoice and bud cutting report, when required,
				  must be mailed to the state entomologist prior to shipment.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XV - Plant Protection and Quarantine › Chapter 1 - Crop Pests and Diseases › Subchapter B - Nursery Stock Quarantines › Section XV-129 - Phony Peach

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permit
				  certificates shall be issued for nursery stock originating in an area known to
				  be infested with phony peach only on the following conditions:
1. that each nursery in the infested areas
				  shall apply to the state entomologist for approval of the proposed
				  nursery-growing site on or before August 15 of each year;
2. that nursery sites shall be at least 300
				  yards from wild plum, 1/2 mile from phony infested commercial orchards and 1/2
				  mile from urban areas;
3. that all
				  area within a 1/2 mile radius of the nursery site shall be inspected prior to
				  October l of each year, and all phony trees found within such environs removed
				  prior to November l of the year in which phony infested trees are found;
				  and
4. that all budding shall be
				  restricted to the slipbud method.