reglab/statecodes huggingface dataset:
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-1507 - Contents of the Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Name and
				  addresses of the applicant and applicant's parents or guardian.
B. Name and address of recommending
				  supervisor of the project.
C.
				  Personal financial statement of the applicant, signed by the applicant and
				  parents or guardian, on forms provided by the commission.
D. A budget reflecting estimated expenses,
				  income and repayment of the loan for the term of the loan.
E. Signed statements requested of the
				  recommending supervisor and parents or guardian as required in §1503
F. The name of the bank and the account
				  number to which loan funds shall be deposited and authorized signatures for the
				  withdrawal of funds.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:547,
					 R.S.
					 3:549 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-1509 - Application for Farm Youth Loans and Loan Guarantees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant must meet all criteria for
				  eligibility set forth in §1503
B.
				  The loan shall have a maximum term of five years.
C. The loan shall not exceed a maximum of
				  $3,000.
D. In the case of a
				  guaranteed loan, the guarantee shall not exceed 75 percent of the sums, in
				  principal and interest, due and payable under the mortgage or crop lien
				  securing the loan.
E. The interest
				  rate on any direct loan shall not exceed the interest rate charged by the
				  Farmer's Home Administration on youth project loans.
F. The interest rate on any guaranteed loan
				  shall not exceed the average prevailing rate of interest on farm loans made by
				  banks, financial institutions or federal agencies in the community where the
				  loan is made.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:548,
					 R.S.
					 3:549 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-1511 - Approval or Denial of Loan Applications and Notification of Commission Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  application for a farm youth loan or loan guarantee shall be submitted for
				  market commission consideration at the first commission meeting occurring at
				  least 10 working days following submission of the completed
				  application.
B. The commission
				  shall approve/deny such application in accordance with the criteria set forth
				  in applicant eligibility requirements, time and manner of filing applications,
				  contents of application, and conditions for approval of applications for loans
				  and loan guarantees.
C. Upon
				  approval of an application for a direct loan, the commission shall immediately
				  notify the applicant by letter of the approval along with procedures for
				  disbursement of funds to the applicant.
D. Upon approval of an application for a
				  guaranteed loan, the commission shall immediately notify the lender and
				  applicant by letter of the approval along with procedures for execution of the
				  loan guarantee agreement.
E. Upon
				  denial of an application for a direct loan or loan guarantee the commission
				  shall immediately notify the applicant, and lender if applicable, by letter
				  stating the reason(s) for such disapproval by the commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:547,
					 R.S.
					 3:549 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-1513 - Re-Application; Review of Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant whose application has been
				  denied by the commission may re-apply at any time whenever his circumstances
				  change whereby the reasons for denial have been corrected.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:547 and
					 R.S.
					 3:549.
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-1515 - Disbursement of Loan Proceeds to the Borrower

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to disbursement of loan funds all
				  legal instruments must be examined and approved by the department
				  attorney.
B. On the date of
				  disbursement of loan proceeds the borrower must execute a note secured by a
				  chattel mortgage or crop lien payable to the market commission setting forth
				  the terms and conditions under which the loan will be repaid.
C. On the date of disbursement of loan
				  proceeds the borrower must execute a chattel mortgage or crop lien payable to
				  the market commission, which instrument shall contain, but not be limited to,
				  the following:
1. the amount
				  loaned;
2. the rate of
				  interest;
3. the repayment
				  schedule;
4. description of items
				  offered as security;
5. provision
				  for executory process;
6. provision
				  for payment of all costs of foreclosure, including attorney's fees at 25
				  percent of the principal balance and interest accrued at foreclosure.
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-1517 - Concurrence in Loan Guarantees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  borrower must provide for the market commission file record a copy of the note
				  and the chattel mortgage or crop lien payable to the lender and any other data
				  deemed necessary by the market commission staff.
B. The loan guaranty agreement shall be
				  executed by the borrower, the lender, and the commissioner of agriculture, or
				  his designee, as official representative for the State Market
				  Commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:549 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-1519 - Procedure upon Default for Non-Payment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission shall send written notice
				  within 30 days to any borrower of a direct loan after any default on any
				  payment of principal and/or interest and shall request an explanation or reason
				  for delinquency of payment.
B.
				  Within 60 days of default to any payment of principal and/or interest on a
				  direct loan the commission shall enter into such compromise agreements as it
				  deems necessary to recover the sums due and payable on the loan unless prior
				  arrangements have been made with the borrower to fulfill his loan
				  obligation.
C. Any lender who
				  receives a loan guarantee from the commission on a farm youth loan shall notify
				  the borrower and the commission by letter within 30 days of any default on any
				  payment of principal and/or interest and shall request of the borrower an
				  explanation or reason for delinquency of payment.
D. Within 60 days of default of any payment
				  of principal and/or interest on a guaranteed loan, the lender shall notify the
				  commission by registered letter of any compromise agreement entered into
				  between the borrower and the lender to recover the sums due and payable on the
				  loan or of arrangements made between the borrower and lender to fulfill his
				  loan obligation.
E. The commission
				  may, by formal vote, offer to pay off the mortgage or the interest of the
				  lender on any defaulted loan covered by a loan guaranty agreement and become
				  subrogated to the interest of the lending agency if the commission determines
				  that this action will protect the interest of the state in any property
				  mortgaged to secure the loan guarantee.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:547,
					 R.S.
					 3:549 and
					 R.S.
					 3:543.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 16 - Meat, Poultry and Seafood Grading and Certification Program › Section V-1601 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The market
				commission adopts the following regulations under the authority of
				R.S.
				3:405 and R.S. 3:410 for the purpose of
				implementing the provisions of
				R.S.
				39:2101 enacted by Act 749 of the Louisiana
				Legislature, 1997 Regular Session.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:405, R.S. 3:410 and
				  R.S.
				  39:2101.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 16 - Meat, Poultry and Seafood Grading and Certification Program › Section V-1605 - Use of Certified Food Products; Issuance of Certification; Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. All public
				entities shall utilize only the following food products:
1. meat and meat products governed by the
				grading and certification requirements set out in Chapter 5 of this
				Part;
2. poultry and eggs governed
				by the grading and certification requirements set out in Chapter 9 of this
				Part;
3. all other food products
				that meet the certification standards set out in these regulations.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 16 - Meat, Poultry and Seafood Grading and Certification Program › Section V-1607 - Grading and Certification Standards and Specifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Meat and meat food products, other than
				those governed by the grading and certification requirements set out in Chapter
				5 of this Part shall meet the following grading and certification standards and
				specifications:
1. fresh meat should not have
				any offensive odor or be slick to the touch;
2. frozen meat should be hard frozen at the
				time of delivery; and
3. the bid
				specifications or purchase order issued by the public entity.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 16 - Meat, Poultry and Seafood Grading and Certification Program › Section V-1609 - Procurement of Food Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				public entity shall procure any food products unless and until it has fully
				complied with the provisions of
				R.S.
				38:2184 and
				R.S.
				38:2251-2261.
B. Neither the department nor any public
				entity shall issue a certification for any food product purchased by such
				public entity unless and until the public entity provides proof of full
				compliance with the provisions of
				R.S.
				38:2184 and
				R.S.
				38:2251-2261.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:405, R.S. 3:410 and
				  R.S.
				  39:2101.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 16 - Meat, Poultry and Seafood Grading and Certification Program › Section V-1611 - Inspection and Certification by a Public Entity; Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any public entity that has authorization
				from the department to conduct self-certifications under these regulations
				shall do so in the following manner.
1. All
				food products shall be inspected and certified by the public entity at the time
				of delivery.
2. The public entity
				shall provide sufficient trained or experienced personnel to ensure that all
				products are inspected and certified in accordance with these
				regulations.
3. The public entity
				shall maintain certification logs, in a form acceptable to the department,
				showing the self-certification of all food products received by the public
				entity. Each delivery of a food product shall be logged at the time of
				self-certification. Each log book shall be made available for inspection when
				requested by authorized representatives of the department.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 16 - Meat, Poultry and Seafood Grading and Certification Program › Section V-1613 - Inspection and Certification by the Department; Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Inspections and certifications performed
				by the department under these regulations shall proceed in the following
				manner.
1. Vendors, both in state and out of
				state, shall make all food products available to the department's grading and
				certification service in an approved facility for certification prior to
				shipment to the place of final destination, except for out-of-state shipments
				made directly to a storage facility owned and operated by a public entity. Such
				direct out-of-state shipments shall be inspected at the receiving storage
				facility before distribution to any food service facility.
2. Any vendor, public entity needing
				certification services shall notify the department at least 24 hours in advance
				of need and shall provide such services as necessary to expedite the
				examination and certification of the food product and the taping of containers,
				including providing the necessary tape.
3. The department shall receive a purchase
				order at least seven working days prior to the department's inspection for the
				purposes of issuing a final certificate.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 16 - Meat, Poultry and Seafood Grading and Certification Program › Section V-1615 - Fees and Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission
				may collect fees for the inspection and certification of food products. The
				fees shall not exceed the actual cost necessary to provide for the proper
				inspection, grading, classification and certification of the food
				products.
B. Any vendor delivering
				a food product inspected and certified by the department, under these
				regulations, shall pay an inspection fee of $0.025 per pound for each such
				meat, poultry or seafood product, or in the case of eggs, a fee of $0.025 per
				dozen. All fees and costs shall be immediately due and payable to the
				department upon presentation to the vendor by the department of the statement
				for services rendered.
C. If any
				product received by the public entity is in noncompliance with these
				regulations or purchase order requirements, but is accepted by the public
				entity because the product is needed for immediate consumption by either
				students, residents, patients or inmates then the vendor delivering such
				products shall pay to the department an inspection fee of $0.025 per pound for
				each such meat, poultry or seafood product, or in the case of eggs, a fee of
				$0.025 per dozen. Any public entity accepting a product that is in
				noncompliance with these regulations or purchase order requirements will
				immediately notify the department of any such acceptance and will provide the
				department with all necessary information to allow the department to bill the
				vendor for payment under this Subsection.
D. Any vendor, state agency, state
				institution, local school district or person needing certification services
				from the department and failing to notify the department at least 24 hours in
				advance of need shall be subject to a penalty of $50, regardless of the time
				required for the services or the fees assessed by the department.
E. Fees charged and collected by the
				department under any other grading or certification program operated by the
				department shall not be affected by these regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:405, R.S. 3:410 and
				  R.S.
				  39:2101.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 16 - Meat, Poultry and Seafood Grading and Certification Program › Section V-1617 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
				or its authorized representative shall have the right to enter any place where
				any food product is kept to inspect the food product and to inspect any records
				pertaining to the sale, procurement, movement, distribution, preparation or
				serving of any food product subject to self-certification under these
				regulations.
B. If the department
				finds that a public entity authorized to inspect and certify food products
				under these regulations is not inspecting and certifying each delivery of food
				products received by the public entity or if the department finds that the
				public entity has, on three or more occasions, improperly inspected or
				certified food products then the department may, by written order, take over
				inspection and certification duties from the public entity until the department
				determines that the public entity will properly inspect and certify food
				products in accordance with these regulations.
C. If a vendor is found to be
				out-of-compliance more than three times during a given quarter, then that
				vendor's products must be inspected for compliance by the Louisiana Department
				of Agriculture before delivery of any product. Once the vendor has proven to
				the satisfaction of the department that his product will be in compliance, then
				the vendor may deliver directly to the institution for certification by the
				institution.
D. The department or
				its authorized representative may, while enforcing the provisions of these
				regulations, issue and enforce a written, printed or stamped stop order to
				prevent the purchase, procurement, movement, distribution, preparation or
				serving of any food product if:
1. authorized
				representative of the department has been refused the right to enter the
				premises where the food product is kept or the right to inspect the food
				product or records;
2. the food
				product does not meet the grading and certification standards established by
				these regulations; or
3. the food
				product was procured in violation of
				§1609 A
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 16 - Meat, Poultry and Seafood Grading and Certification Program › Section V-1619 - Penalty for Violations; Injunctive Relief; Costs; Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whoever violates
				R.S.
				39:2101 or the regulations promulgated
				thereunder shall be fined not less than $25 nor more than $500 or imprisoned
				for not less than 10 days nor more than six months, or both as provided by R.S.
				3:419.
B. 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
				chargeable under these rules and regulations.
C. The commission, through the commissioner,
				may apply for injunctive relief restraining violations of
				R.S.
				39:2101 or the regulations promulgated
				thereunder or institute necessary actions for failure to pay accounts due the
				commission. The person condemned in any such proceeding shall be liable for the
				costs of court and for any additional costs incurred by the commission in
				gathering the necessary evidence, including reasonable attorney fees and expert
				witness fees.
D. In addition to the
				penalties stated in
				§1619. A and B the
				commission may withhold certification services from any vendor, or the right of
				a public entity to conduct self-certification based on an adjudicatory hearing
				held in accordance with the Administrative Procedure Act and presided over by a
				hearing officer appointed by the commissioner.
E. If any food product cannot be certified by
				the department for any reason or if certification services are withheld then
				notification of the noncertification or withholding of the services and the
				reasons therefor shall be sent by the department to all appropriate entities
				including, but not limited to, the affected public entity, the purchasing
				agent, appointing authority, Division of Administration, inspector general,
				legislative auditor or district attorney.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:405, 410, 413 and
				  R.S.
				  39:2101.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 17 - Louisiana Egg Commission › Section V-1701 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Act
-the Louisiana Egg Commission Act, being
				  Act #441 of 1968 found in R.S. 3:551.1-551.11.
Case
-a standard 30 dozen egg case.
Commission
-the Louisiana Egg
				  Commission.
Commissioner
-Commissioner of Agriculture of
				  the state of Louisiana.
Eggs
-pullet and hen eggs only.
Handler and/or Dealer
-any person engaged
				  within the state as a distributor in the business of distributing eggs produced
				  in Louisiana, or distributing in Louisiana eggs which are produced
				  elsewhere.
Licensee
-a person who holds a license issued
				  pursuant to these rules and regulations.
Person
-every person, partnership, firm,
				  company, association, corporation or legal entity engaged in the production or
				  the sale of eggs in Louisiana.
Producer
-any person engaged in the business
				  of producing eggs in Louisiana, either as an owner or as an officer or
				  stockholder of a business engaged in producing eggs in Louisiana, or any person
				  deriving a profit from such business.
Ship
or
Shipping
-to move or
				  cause to be moved, eggs intra-state or inter-state or foreign commerce by rail,
				  truck, boat, airplane, or any other means.
Shipper
-any person engaged in shipping or
				  causing to be shipped, eggs intrastate or interstate or foreign commerce,
				  whether owner, agent or otherwise.
AUTHORITY NOTE: Adopted
				  in accordance with R.S. 3:551.1 and R.S.
				  3:551.3.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 17 - Louisiana Egg Commission › Section V-1703 - The Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Establishment and Membership. The commission shall be composed of 12 members,
				10 of said members to be appointed by the governor upon the joint
				recommendation of the Poultry Industry of Louisiana, Inc. and/or the Louisiana
				Egg Council and the commissioner of agriculture. Six of the members shall be
				practical egg producers; four shall be actively engaged in the marketing of
				eggs. Not more than two members shall be employed by the same person. The
				remaining two members shall consist of one member of the House of
				Representatives and one member of the Senate, with each being appointed by the
				presiding officer of his respective legislative body. The commissioner of
				agriculture shall be an ex-officio member and shall have voting
				privileges.
B. Terms of Office
1. In making the initial appointments, two
				producers shall be appointed for terms of two years; two producers and two
				persons actively engaged in the marketing of eggs shall be appointed for terms
				of four years; two producers and two persons actively engaged in marketing eggs
				shall be appointed for terms of six years; thereafter, appointments shall be
				made for terms of six years. The members from the House of Representatives and
				Senate shall be appointed for terms of four years.
2. Vacancies in the membership occurring for
				any cause prior to the expiration of the term shall be filled by appointment of
				the governor, and such appointee shall have the same qualifications as provided
				for in the Act.
3. Each member
				shall subscribe to the oath of office prescribed for state officers.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 17 - Louisiana Egg Commission › Section V-1707 - Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission
				shall be authorized to elect the following officers, who in turn will have the
				following authority and duties.
1. Chairman.
				The commission shall elect a chairman, who shall be one of its members, and who
				shall be elected at the annual meeting of the commission. The chairman shall be
				the chief executive officer of the commission and shall preside at all meetings
				thereof. He shall have general and active management of the business of the
				commission, and shall see that all orders and resolutions of the commission are
				carried into effect. He shall execute all contracts and other documents on
				behalf of the commission.
2.
				Vice-Chairman. The vice-chairman shall serve in the absence of the chairman,
				and shall be elected at the annual meeting of the commission.
3. Treasurer. The treasurer of the commission
				shall be elected at the annual meeting and shall keep a record of all monies
				received and paid out, making a report of same to the commission at each
				regular or special meeting at the pleasure of the commission.
4. Secretary. The secretary of the commission
				shall be elected by the commission at the annual meeting, but he or she need
				not be a member of the commission. The secretary shall attend all meetings of
				the commission and shall record all votes and the minutes of all proceedings,
				which recordings shall be permanently preserved. The secretary shall give or
				cause to be given notice of all meetings, and shall perform such other duties
				ordinarily attendant to a secretary of a corporation.
5. Other Officers. The commission may elect
				such other officers which may be necessary to carry out the duties of the
				commission in accordance with these rules and regulations.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 17 - Louisiana Egg Commission › Section V-1709 - Adoption of Rules and Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission shall adhere to the
				following procedure in the adoption of rules and regulations, or the amendments
				thereto.
1. Notice. Prior to the adoption of
				any rule or regulation, each commission member shall be given at least 10 days'
				notice of the intended action. Such notice shall include a detailed description
				of the rules and regulations to be adopted, and the time and place where the
				meeting shall be held in order to adopt same. The notice shall also be
				published at least once in the official
Louisiana
				Journal
.
2. Hearing. Prior
				to the adoption of any such rules or regulations, the commission shall permit
				any interested person to submit data, views or arguments, orally or in writing,
				in support of or in opposition to the proposed rules and regulations. The
				commission shall consider fully, all written and oral submissions respecting
				the proposed rules or regulations, and upon request of any such interested
				person, the commission shall, prior to the adoption of such rules or
				regulations, issue a concise statement of the principal reasons for and against
				the adoption of same.
3. Emergency
				Rules. If the commission deems that an imminent peril to the public health,
				safety or welfare requires adoption of a rule within fewer than 10 days'
				notice, it may proceed without prior notice or hearing based upon any such
				abbreviated notice that the commission deems appropriate and necessary and,
				accordingly, may adopt an emergency rule. Such a rule shall not be effective
				for a period longer than 120 days. However, the commission may concomitantly
				proceed to adopt such rule or regulation in accordance with Paragraph 1 and 2
				above.
4. Filing. A copy of the
				rules and regulations or amendments thereof adopted by the commission shall be
				forwarded to the office of the Secretary of State, who shall maintain a
				permanent register of such rules and regulations, which shall be open to public
				inspection.
5. Effective Date. Each
				rule and regulation adopted pursuant hereto shall be effective 10 days after
				the filing with the Secretary of State, unless the rules and regulations
				provide for a later date. an emergency rule, however, shall be effective
				immediately upon filing with the Secretary of State, provided that the
				commission submits with the emergency rule or regulation, a brief statement of
				the reasons why the rule or regulation must be adopted immediately.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 17 - Louisiana Egg Commission › Section V-1711 - Collection and Disbursement of Assessments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Collection. The $0.02 per case assessment
				on all eggs produced in Louisiana, and eggs produced elsewhere and distributed
				in Louisiana, as provided for in R.S. 3:551.6 shall be collected by the
				commissioner in such manner and method as shall be prescribed by the
				commissioner.
B. Disposition of
				Funds. Funds derived from assessments described in Subsection A shall be
				deposited in a special account in the state treasury which shall be designated
				a Louisiana Egg Commission account. These funds shall be used by the commission
				in payment of all costs, expenses and obligations incurred in carrying out the
				business of the commission.
C.
				Withdrawals. Withdrawals from the special Louisiana Egg Commission account
				shall be made by check, signed by any two of the following: chairman, treasurer
				or the secretary.
AUTHORITY NOTE: Adopted
				  in accordance with R.S. 3:551.6 and R.S.
				  3:551.3.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 17 - Louisiana Egg Commission › Section V-1713 - Books and Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. All
				producers, handlers and/or dealers shall maintain books and records reflecting
				their operations, and shall furnish to the commission, or its duly authorized
				and designated representative, such information as may from time to time be
				requested by the commission, relating to their operations affected by these
				rules and regulations. They shall permit the inspection during normal business
				hours, by the commission or its duly authorized and designated representative,
				such portions of their books and records as related to operations
				hereunder.
B. Records. Records
				maintained by the producers, handlers and/or dealers shall include the number
				of eggs produced and/or distributed each month.
C. Reports. Reports containing the above
				information and whatever other relevant information desired by the commissioner
				shall be submitted to the commissioner in such form and at such times as
				prescribed by the commissioner. The commission may request copies of such
				reports from producers, handlers and/or dealers at any reasonable
				time.
D. Confidential Information.
				Any information obtained by any person pursuant to the provisions of this
				Section shall be confidential and shall not be disclosed by him to any other
				person, save to a person with like right to obtain same, or any attorney
				employed by the commission to give legal advice thereon, or by court
				order.
AUTHORITY NOTE: Adopted
				  in accordance with R.S. 3:551.7 and R.S.
				  3:551.3.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 17 - Louisiana Egg Commission › Section V-1715 - Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Every
				person engaged, or who engages in the business of selling eggs to a retailer
				who retails eggs in Louisiana shall secure a license, which license shall be
				issued by the commissioner, but the application for which must first be
				approved by the commission.
B.
				Applications. Applications for licenses shall be on forms furnished by the
				Department of Agriculture and Forestry, which shall be submitted to the
				commission in duplicate original, together with the necessary application fee.
				Upon approval of the application, a duplicate original shall be forwarded by
				the commission to the commissioner, who in turn will issue the
				license.
C. Fee. Each license
				application shall be accompanied by a fee of $10 payable to the
				commission.
D. Term. All licenses
				shall be valid for an indefinite period, or until suspended or revoked as
				provided hereinafter, or until canceled by the licensee.
E. Disposition of Fees. Proceeds from the
				license fees collected hereunder shall be transferred to the state treasurer,
				and credited to the special Louisiana Egg Commission Fund.
F. Suspension or Revocation. The commission
				shall have authority to suspend or revoke a license issued pursuant hereto for
				violations of the Act, these rules and regulations, and violations of the
				Louisiana Egg Grading and Marketing Regulations, in accordance with the
				procedure set forth hereinafter.
AUTHORITY NOTE: Adopted
				  in accordance with R.S. 3:551.7, R.S. 3:551.6 and R.S.
				  3:551.3.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 17 - Louisiana Egg Commission › Section V-1717 - Adjudication of Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. General.
				Any licensee subject to these rules and regulations, who violates any provision
				of the Act, these rules and regulations or Louisiana Egg Grading and Marketing
				Regulations, may pursuant to the procedure set forth herein below have his
				license suspended or revoked by the commission.
B. Notice. If the commission has reason to
				believe that a licensee is guilty of a violation, then unless such is waived in
				writing, the licensee shall be afforded a hearing after reasonable notice,
				which notice shall include:
1. a statement of
				the time, place and nature of the hearing;
2. a statement of the legal authority and
				jurisdiction under which the hearing is to be held;
3. a factual description of the alleged
				violation or violations, with reference being made to the particular law, rule
				or regulation allegedly violated;
4. if the specific violation or violations
				are known at the time of the notice, or if the hearing is to be merely
				investigative in nature, the notice shall then recite the issues
				involved.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 17 - Louisiana Egg Commission › Section V-1719 - Separability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				of these rules and regulations is declared invalid, or the applicability
				thereof to any person, circumstance or thing is held to be invalid, the
				validity of the remainder hereof, or their applicability thereof to any other
				person, circumstance or thing, shall not be affected thereby.
AUTHORITY NOTE: Adopted
				  in accordance with R.S. 3:551.3.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 19 - Louisiana Strawberries › Subchapter A - General Provisions › Section V-1901 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The words and
				  terms defined in
				  R.S.
				  3:730.2 are applicable to this
				  Chapter.
B. The following words and
				  terms are defined for the purposes of this Chapter.
Container or Package
-the receptacle in
					 which strawberries are placed or held for retail sale.
Farm of Origin
-the tract of land on which
					 the strawberries in a container were raised.
Handler of Strawberries
-a person, except
					 for a producer and an ultimate purchaser, who, for a profit, processes, packs,
					 distributes, markets, or sells strawberries in this state.
Louisiana Grown Strawberries
-strawberries
					 that are raised, processed, and packed entirely in Louisiana.
Producer
-a person who commercially raises
					 and harvests strawberries for sale.
Ultimate Purchaser-
the person or consumer
					 who will eat the strawberries and the last person in the chain of distribution
					 who removes the strawberries from the container and prepares them to be eaten
					 by a consumer. A restaurant shall be considered to be an ultimate
					 purchaser.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:730.4.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 19 - Louisiana Strawberries › Subchapter A - General Provisions › Section V-1903 - Records Required; Inspections and Audits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each Louisiana producer and each handler
				  of fresh or frozen strawberries in this state shall maintain complete, separate
				  and correct records and accounts pertaining to all lots of strawberries
				  produced, processed, packed, distributed, marketed or sold in this state,
				  including, but not limited to, bills of lading, warehouse receipts, invoices,
				  sales receipts, the person the strawberries were received from, the person the
				  strawberries were delivered to, the number or amount of strawberries, whether
				  kept by weight, measure, or count, and any Louisiana strawberry assessment paid
				  or collected.
B. Each producer and
				  handler of strawberries in Louisiana shall permit any authorized officer,
				  employee, or representative of the department or the board to enter and inspect
				  all locations where strawberries or records are kept and to examine and audit
				  all records, books, and accounts relating to the producing and handling of
				  strawberries in this state.
C. Any
				  such inspection, examination or audit may be made on any business day, during
				  normal working hours and the producer or handler shall provide the necessary
				  assistance and cooperation required for the completion of the inspection,
				  examination, or audit.
D. No person
				  shall in any way interfere with an authorized officer, employee, or
				  representative who is entering or inspecting, or attempting to do so, a
				  location where strawberries or records relating to strawberries are kept or is
				  examining or auditing, or attempting to do so, records, books, and accounts
				  relating to the producing and handling of strawberries in this state.
E. All required records shall be kept for a
				  period of three years.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:730.4.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 19 - Louisiana Strawberries › Subchapter B - The Strawberry Marketing Board › Section V-1921 - Compensation of Board Members

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board may waive the compensation provided by law for members by unanimous
				  consent.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:730.4.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 19 - Louisiana Strawberries › Subchapter B - The Strawberry Marketing Board › Section V-1923 - Board Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				  shall meet at least once in every quarter of the year, but a meeting may be
				  cancelled by the chairman if there is no business to consider at the
				  meeting.
B. The board shall meet
				  upon the call of the chairman or the commissioner or upon the written request
				  of at least three board members.
C.
				  The board shall not meet more than 12 times in any one year.
D. The meetings shall be conducted in
				  accordance with Roberts Rules of Order, Newly Revised, Tenth Edition.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:730.4.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 19 - Louisiana Strawberries › Subchapter C - Farm of Origin Labeling › Section V-1931 - Labeling of Strawberries

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  container of fresh or frozen strawberries sold or offered for sale in this
				  state to the ultimate purchaser shall have a stamp or label containing
				  sufficient information from which the farm of origin may be identified, except
				  as otherwise provided by these regulations.
B. The identifying information may be
				  provided by one of the following methods.
1.
				  Identification of the name and address of the producer, processor, or
				  distributor pursuant to Section 101.5 of Title 21 the Code of Federal
				  Regulations.
2. Placement of the
				  name and address of the farm of origin on a stamp or label on the top or side
				  of the container.
3. Use of a brand
				  name along with a recordkeeping or traceability system that permits the
				  identification of the farm of origin.
4. Providing a bar code on the stamp or label
				  that permits the strawberries to be traced back to the farm of
				  origin.
5. Any other method that
				  provides a reasonable means of tracing the strawberries back to the farm of
				  origin.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 19 - Louisiana Strawberries › Subchapter C - Farm of Origin Labeling › Section V-1933 - Louisiana Grown Strawberries; Use of Department Logos

Current through Register Vol. 50, No. 6, June 20, 2024
A. Louisiana grown strawberries may be
				  eligible for labeling with a logo developed by the department for use on
				  strawberries or other agricultural products raised, processed, and packed in
				  this state.
B. Any producer,
				  processor, packer, wholesaler, or distributor who desires to have a logo of the
				  department placed on containers of Louisiana grown strawberries may register
				  with the department for participation in a logo use program.
C. All farms of origin that provide the
				  strawberries sold or offered for sale by the participating producer, processor,
				  packer, wholesaler, or distributor shall be registered with the department
				  before approval to use the logo is given by the department.
D. The application for participation shall be
				  submitted in writing to the department on a form approved by the
				  department.
E. Upon approval, the
				  applicant shall have the right to affix a logo of the department on all
				  containers of strawberries.
F. A
				  logo of the department may not be placed on any container of strawberries that
				  holds any strawberries that are raised, processed, or packed in another country
				  or another state.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:730.4 and
					 3:730.8.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 19 - Louisiana Strawberries › Subchapter C - Farm of Origin Labeling › Section V-1935 - Use of Containers Ordered Prior to the Effective Date of these Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  person who prior to the effective date of these regulations ordered strawberry
				  containers that do not meet the requirements of these regulations may use those
				  containers for the 2011 strawberry season up to July 1, 2011 if documentation
				  allowing the farm of origin to be determined is available for inspection by an
				  authorized officer, employee, or representative of the board or the
				  department.
B. In no event shall
				  any container that does not comply with the labeling requirements of this
				  Subchapter be used after July 1, 2011, except as allowed by
				  §1931. E of this
				  Part.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:730.4 and
					 3:730.8.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 21 - Louisiana Sweet Potato Logo › Section V-2101 - Statement of Authority and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The State Market Commission hereby adopts
				LAC 7:V.Chapter 21 under the authority of R.S. 3:415 for the purpose of
				advertising, publicizing and promoting the increased production and packaging
				of Louisiana sweet potatoes, in the state of Louisiana, through the creation,
				licensing and use of a Louisiana sweet potato logo.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 3:415.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 21 - Louisiana Sweet Potato Logo › Section V-2103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The terms
				defined in this Section have the meaning given to them herein, for purposes of
				this Chapter, except where the context expressly indicates otherwise.
Commission
-the Louisiana State Market
				  Commission.
Commissioner
-Commissioner of the Louisiana
				  Department of Agriculture and Forestry.
Department
-the Louisiana Department of
				  Agriculture and Forestry.
Farm
-any area of land used to grow and
				  package Louisiana sweet potatoes.
Louisiana Sweet Potato
-any sweet potato
				  grown and packaged in the state of Louisiana.
Louisiana Sweet Potato Logo
-a distinctive
				  mark, motto, device, symbol or emblem which may be affixed to Louisiana sweet
				  potatoes or the shipping crates, boxes or other packaging containing the
				  Louisiana sweet potatoes so that Louisiana sweet potatoes may be identified as
				  such in the market, and their origin vouched for.
Person
-any individual, corporation,
				  partnership, association or other legal entity.
Producer
-any person who grows or packs
				  Louisiana sweet potatoes.
Promote
-includes the use of the Louisiana
				  sweet potato logo on packages, documents, promotional materials and business
				  correspondence to further enhance the marketability of Louisiana sweet
				  potatoes.
Stop Order
-a written, printed or stamped
				  order issued by the department preventing a person from shipping or selling
				  sweet potatoes under the Louisiana sweet potato logo or removing them from the
				  premises where they are found in crates, boxes or other packaging marked with
				  the Louisiana sweet potato logo.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 3:415.