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Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-117 - Professional and Occupational Standards and Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Retail Florist
1. Professional Standards
a. All cut flowers, ornamental plants, and
				living or freshly cut plant materials sold or offered for sale shall be fresh,
				of high quality, and free from injurious insects, diseases, and other pests. No
				plant material of low quality and no wilted or dead plant materials may be
				offered for sale to the general public or sold to a consumer except when
				specifically requested by the consumer.
b. Floral designs, cut flowers, ornamental
				plants, and living or freshly cut plant materials shall be cared for in a
				manner that, to the extent reasonably possible, maintains their freshness and
				increases their longevity.
c.
				Coolers where floral designs, cut flowers, ornamental plants, or living or
				freshly cut plant materials, are kept or stored shall be clean and maintained
				at a temperature conducive to prolonging the freshness of the said products
				kept or stored in the coolers.
d.
				Containers holding cut flowers or living or freshly cut plant materials shall
				be maintained in a manner that does not adversely affect the cut flowers or
				plant material. Water in containers shall be changed periodically so as to
				remain clean at all times.
e.
				Floral designs shall be prepared in a good and workmanlike manner and shall
				satisfy the consumers requests that are objective in nature. All reasonable
				efforts should be made to satisfy the consumers requests that are subjective in
				nature. All floral designs shall be constructed in such a manner as to remain
				intact during transportation.
f.
				All wires, steel picks, corsage pins, and other sharp objects employed in the
				construction of a floral design shall be used in a manner that will maintain
				the integrity of the floral design while minimizing the risk of injury to any
				person handling the floral design.
g. Compliance with equivalent procedures and
				techniques set forth in James L. Johnson, William J. McKinley, Jr. and M. Buddy
				Benz,
Flowers: Creative Design
(San Jacinto Publishing Co.,
				7th ed., 2001; distributed by Texas A and M Univ. Press) will establish a
				rebuttable presumption of compliance by the licensee with these professional
				standards.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-119 - Prohibition

Current through Register Vol. 50, No. 6, June 20, 2024
A. No licensee or
				permittee of the commission may apply pesticides to any properties which are
				not owned, rented, or leased by the licensee or permittee or persons engaged in
				any regulated profession or occupation unless such licensee or permittee, or
				persons engaged in any regulated profession or occupation is properly licensed
				or certified by the department in accordance with the Louisiana Pesticide Law
				(R.S.
				3:3201 et seq.).
B. Licensees, permittees, or persons engaged
				in any regulated profession or occupation shall not engage in any fraudulent
				practices.
C. Licensees,
				permittees, or persons engaged in any regulated profession or occupation shall
				not engage in any false advertisement of any kind.
D. No licensee, permittee, or persons engaged
				in any regulated profession or occupation of the commission shall fail to
				comply with any cease and desist order directed and delivered to said licensee,
				permittee, or persons engaged in any regulated profession or
				occupation.
E. No person, with
				intent to sell or in any way dispose of merchandise, securities, service, or
				anything directly or indirectly, to the public for sale or distribution, or
				with intent to increase the consumption, or to induce the public in any manner
				to enter into any obligation relating thereto, or to acquire title, or an
				interest therein, shall make, publish, disseminate, circulate, or place before
				the public, or cause directly or indirectly to be made, published,
				disseminated, circulated, or placed before the public, in this state, in a
				newspaper or other publications, or in the form of a book, notice, hand-bill,
				poster, bill, circular, pamphlet, or letter, or radio broadcasts, telecasts,
				wire, wireless, motion picture, or in any other way, an advertisement of any
				sort regarding merchandise, securities, service, or anything offered to the
				public, which advertisement contains any assertion, representation or statement
				of fact which is untrue, deceptive or misleading.
F. No licensee, permitee or person engaged in
				any profession or occupation regulated by the commission shall use the words
				"design" or "designer" or any form of these words, whether separately or in
				combination with other words in any advertisement, solicitation or title, or on
				any estimate, contract or other document, except for those persons who are
				licensed as a landscape architect or as a retail florist.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3801.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-121 - Re-Issuance of Suspended, Revoked or Unrenewed License or Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever a
				license or permit is suspended by the commission, the violations which caused
				the suspension must be corrected, to the satisfaction of the commission, prior
				to re-issuance of the suspended license or permit.
B. Whenever a license or permit is suspended
				by the commission, the holder of the suspended license or permit must pay the
				fee required under
				§109 for renewal of the license or
				permit prior to re-issuance.
C.
				Whenever a license or permit is revoked by the commission:
1. the violations which caused the revocation
				must be corrected to the satisfaction of the commission prior to re-issuance of
				the license or permit;
2. the
				holder of a revoked license must apply to take and must successfully complete
				all phases of the examination prescribed for the license;
3. the holder of a revoked permit must file a
				complete application prior to a re-issuance of the permit;
4. the holder of a revoked license or permit
				who seeks re-issuance thereof must pay the fees prescribed in
				§109 for the initial issuance of such
				license or permit;
5. the relevant
				requirements of Paragraphs C.1-4 must be complied with prior to re-issuance of
				a revoked license or permit.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-123 - Stop Orders and Notice of Non-Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person believed to be in violation of
				the Horticulture Law or regulations of the commission may be issued a verbal or
				written stop order or written notice of non-compliance by the department or
				authorized agent to prevent possible future violations from
				occurring.
B. If an alleged
				violator refuses to accept a written stop order or notice of non-compliance
				when tendered or refuses or fails to claim such stop order or notice of
				non-compliance sent by certified mail, the stop order or notice of
				non-compliance shall be deemed to have been delivered to the alleged
				violator.
C. An adjudicatory
				proceeding before the commission shall commence against an alleged violator for
				the alleged violations that led to the issuance of the stop order or order of
				non-compliance, even if he is in compliance, under any of the following
				circumstances:
1. if the alleged violations
				involve fraudulent practices or activities;
2. if the alleged violations caused personal
				injury or economic loss other than payment for services rendered, to another
				person;
3. if the alleged violator
				has refused or failed to accept the stop order or order of non-compliance, or
				has attempted to avoid or evade delivery of the stop order or order of
				non-compliance.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter A - Samples › Section XXXI-101 - Measuring and Sampling Milk from Farm Bulk Tanks

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall measure or sample milk
				  without benefit of license by the commissioner.
B. No milk shall be secured from farm bulk
				  tanks unless the tank, gauge rod and calibration chart all bear identical
				  manufacturer serial numbers; nor shall milk be secured from other type
				  containers unless approved by the Division of Weights and Measures and/or the
				  State Health Department.
C.
				  Procedure. The gauge rod shall be removed and cleaned in such manner as to
				  remove all oily substance from its surfaces. When the volume is completely
				  still, the gauge rod shall be gently lowered into the volume until snugly
				  fitted into the bracket. Measurement shall be determined to the nearest
				  graduation. Two readings of the volume shall be made or such number as may be
				  necessary to ascertain accuracy. Conversion shall be made immediately and the
				  results posted on the weight ticket. The contents shall be agitated a minimum
				  of five minutes or such length of time as to ascertain complete mixture. Broken
				  agitators or improper function of other equipment will be noted on the weight
				  ticket. The sample shall be secured using a sanitized stainless steel dipper
				  which has been rinsed twice in the milk prior to sampling. Approximately 3
				  ounces of milk shall be placed in 6-ounce sterile plastic containers or other
				  type containers approved by the commissioner. The wire tips of the container
				  shall be folded approximately 1/4 inch and the container closed by a twirling
				  motion until tight. One round shall be released prior to final sealing. The
				  container shall be labeled with the date, and the producer identification
				  number in legible fashion using waterproof and smearproof materials. The sample
				  shall be placed immediately in a rubberized or other type rack approved by the
				  commissioner and maintained at 33-40° F while in transport. The
				  measurer-sampler shall leave the producer a receipt recording the producer
				  number, date, gauge reading, pounds of milk and the signature or initials of
				  the measurer-sampler.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 40:889, R.S. 40:884, R.S. 40:885, and R.S.
					 40:883.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter A - Samples › Section XXXI-103 - Storage; Preparation of Samples for Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Butterfat samples shall be stored in a
				  clean, dry refrigerator at a temperature range of 33-40° F until tested. Prior
				  to warming and mixing, the sample shall be gently rotated to incorporate the
				  cream into the milk, then warmed quickly to 98-100° F and mixed by inverting
				  the contents briskly against the top of the container four to six times or
				  pouring the contents from one container to another four times. The sample shall
				  be immediately tested or drawn. The sample shall be remixed following two tests
				  or drawings. Sour, leaking, spilled or otherwise inappropriate samples shall
				  not be used for testing. Composite samples shall be wiped down prior to
				  mixing.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 40:885 and R.S.
					 40:883.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter B - Approved Methods of Testing › Section XXXI-105 - Testing Raw Milk Samples for Butterfat Content

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall test milk for butterfat
				  content without benefit of license by the commissioner.
B. Babcock Method; Procedure. Deliver 17.5
				  ml. of milk into an 8 percent milk test bottle and temper to approximately 70°
				  F. Add 17.5 ml. of sulphuric acid (sp. gr. 1.82 to 1.83 at 68° F) to contents
				  of test bottle or such amount necessary to render a deep chocolate color. Mix
				  the contents for three minutes in a mechanical shaker, then centrifuge for five
				  minutes at proper speed. Add hot water 140-150° F to within 1/4 inch of the
				  graduated neck on the test bottle and centrifuge for two minutes. Add 140-150°
				  F water to approximately the 7 percent mark on the graduated test bottle and
				  centrifuge for one minute. Remove the tests from the centrifuge and place into
				  a 138-140° F tempering bath for five minutes, making certain that the water
				  level is above all the fat columns. Measure the fat column from the extreme
				  point of the lower meniscus to the uppermost point of the upper meniscus.
				  Percentage of butterfat shall be determined to the nearest tenth percent and
				  posted immediately. Glassware and equipment shall be drained and cleaned
				  immediately upon termination of use.
C. Milko-Tester Mark III; Procedure. The
				  diluent solution shall be prepared, mixed, stored and utilized according to
				  manufacturer specifications. The accuracy of calibration and performance shall
				  be ascertained. The device shall be flushed four times with diluent and 10
				  tests performed prior to calibration and official testing. During periods of
				  official testing the device shall be flushed four times with diluent after two
				  routes have been tested or at approximately 35 test intervals. Samples shall be
				  tested at 98-100° F and applied to the automatic pipette in such manner as to
				  avoid contact with the pipette. Test results from the Milko-Tester and other
				  similar devices shall be determined to the nearest hundredths percent and
				  posted immediately following each test. Upon termination of its use the device
				  shall be flushed four times with diluent solution and a Grade A Homogenized
				  sample (3 3/10 to 3 1/2 percent) placed therein to remain until the device is
				  used again the following day(s).
D.
				  Majonnier Method. The procedure employed in this test shall be in accordance to
				  A.O.A.C. [Association of Official Analytical Chemists] approved standards
				  without modification.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 40:889, R.S. 40:891 and R. S.
					 40:883.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter B - Approved Methods of Testing › Section XXXI-107 - Procedure; Testing Cream for Butterfat Content

Current through Register Vol. 50, No. 6, June 20, 2024
A. Approved Method. The official methods of
				  analysis shall be the Majonnier, Babcock or any other method approved by the
				  commissioner of agriculture.
B.
				  Babcock Procedure. At room temperature (approximately 70° F) mix sample by
				  pouring from one container to another four times. Weigh 9 or 18 grams into a 9
				  or 18 gram cream test bottle. Add an equal amount of water and mix. Add 14 to
				  17 milliliters sulphuric acid (5p. Gr. 1.82 to 1.83) to the contents in two
				  stages mixing the contents after each stage. Centrifuge, add water and temper
				  tests as specified for milk samples in Subsection B. Add three or four drops of
				  glymol to four tests at the time to level the top meniscus. Measure the fat
				  column from the extreme point of the lower meniscus to the junction of the fat
				  and glymol at the top of the fat column. The test shall be determined to the
				  nearest half percent and the results posted immediately. Glassware and
				  equipment shall be drained and cleaned immediately upon termination of
				  use.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 40:891 and R.S.
					 40:883.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter B - Approved Methods of Testing › Section XXXI-109 - Procedure; Testing Ice Cream for Butterfat Content

Current through Register Vol. 50, No. 6, June 20, 2024
A. The two methods of analysis shall be the
				  Majonnier and the Acetic and Sulphuric Acid Method. The procedure for the
				  latter shall be as follows: Weigh 9 or 18 grams of melted ice cream into a 9 or
				  18 gram cream test bottle. Add an equal amount of water and mix. Add 13 to 14
				  milliliters of glacial acetic acid to contents and mix. Add 13 to 14
				  milliliters of sulphuric acid (Sp. gr. 1.82 to 1.83 at 68° F) and mix. Complete
				  the testing procedure exactly as specified for cream (§107).
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 40:891 and R.S.
					 40:883.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter B - Approved Methods of Testing › Section XXXI-111 - Procedure; Testing Homogenized Milk for Butterfat Content

Current through Register Vol. 50, No. 6, June 20, 2024
A. Approved
				  Methods. The official methods of analysis shall be the Majonnier, Babcock or
				  any other method approved by the commissioner of agriculture.
B. Babcock Procedure. The sample shall be
				  warmed to ram temperature (approximately 70° F) and mixed by pouring from one
				  container to another four times. The remaining procedure shall be essentially
				  the same as that for raw milk samples (§105.
				  B) with the following exceptions.
1. The sulphuric acid shall be added in three
				  stages and mixed thoroughly after each stage.
2. Time in the centrifuge shall be extended
				  to seven, five and two minutes respectively for the first, second and third
				  stages in centrifuge.
3. Tests
				  shall be made in duplicate and the variation between the two shall not exceed
				  1/10 of 1 percent butterfat.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter B - Approved Methods of Testing › Section XXXI-113 - Testing Chocolate Milk for Butterfat Content

Current through Register Vol. 50, No. 6, June 20, 2024
A. The method of analysis shall be the
				  Pennsylvania Method and the procedure shall be as follows: Warm the samples to
				  room temperature (approximately 70° F) and mix by pouring from one container to
				  another four to six times. Weigh 18 grams into an 8 percent milk test bottle.
				  Add 2 milliliters of 28 percent to 29 percent ammonium hydroxide and mix for
				  three minutes in a mechanical shaker. Add 3 milliliters of N-butyl alcohol and
				  mix for three minutes in the shaker. Add 17.5 milliliters sulphuric acid (sp.
				  gr. 1.72 to 1.74) to the contents and mix for three to five minutes in the
				  shaker. When contents appear to be incompletely dissolved, Add 1 to 2
				  milliliters of sulphuric acid (sp. gr. 1.82 to 1.83) and mix for two minutes in
				  the shaker. The remaining procedure shall be the same as that for raw milk
				  samples (§105.
				  B) with the following exception: Add one to
				  two drops of glymol and measure fat column as specified for cream test (§107).
				  Tests shall be run in duplicate and the variation between the two shall not
				  exceed 1/10 of 1 percent.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 40:891 and R.S.
					 40:883.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter B - Approved Methods of Testing › Section XXXI-115 - Procedure; Testing Skim Milk for Butterfat Content

Current through Register Vol. 50, No. 6, June 20, 2024
A. Approved Methods. The official methods of
				  analysis shall be the Majonnier, Babcock and any other method approved by the
				  commissioner of agriculture.
B.
				  Babcock Procedure (Modified). Measure nine milliliters of skim milk into the
				  skim milk test bottle. Add two milliliters of N-butyl alcohol and mix for three
				  minutes in mechanical shaker. Add 7 to 9 milliliters of sulphuric acid (sp. gr.
				  1.82 to 1.83) to contents and mix for three to five minutes in shaker.
				  Centrifuge for six minutes and add 140-150° F water to within 1/4 inch of
				  graduated neck of the test bottle. Centrifuge for two minutes and add 140 to
				  150 water into the upper section of the graduated neck of the test bottle.
				  Centrifuge for two minutes. Remove tests and place in 138-140° F tempering bath
				  for five minutes. Measure the column and double the test result. Post test
				  result immediately. Drain and clean glassware and equipment immediately upon
				  termination of testing procedure.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 40:891 and R.S.
					 40:883.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter C - Use of Other Than Approved Method Equipment, Glassware, Tests or Installation Prohibited › Section XXXI-117 - Calibration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Glassware. All
				  glassware used in the determination of fat content for milk, cream and finished
				  or processed milk products shall conform to the United States Bureau of
				  Standards specifications and shall meet the approval of the commissioner. All
				  glassware calibrated for measurement purposes shall bear a Sealed mark which
				  shall constitute the manufacturers' bond that the glassware meets all
				  specifications set forth by the United States Bureau of Standards.
B. Milko-Tester Mark III. This device, and
				  any other such device, shall be calibrated to conform to the Babcock Method of
				  analysis and shall be determined on the basis of not less that 20 samples
				  tested by the Babcock Method and the Milko-Tester Mark III. For calibration
				  purposes, each determination shall be computed to the hundredths percent. When
				  two or more individual tests vary in excess of 0.15 percent, the calibration
				  shall not be deemed acceptable. The variation between simple averages of all
				  tests performed shall not exceed 0.03 percent. The commissioner may, at his
				  discretion, reduce the 20 test calibration procedure to twice each week
				  utilizing in its stead, Grade A Homogenized finished product control samples as
				  a basis of calibration. After each route, or more often as may be necessary to
				  determine the accuracy of the device, a control sample shall be placed into the
				  device and the results compared to the original. Should the variation exceed
				  0.03 percent, an additional control sample shall be tested. Should the
				  variation continue to exceed 0.03 percent, the device shall be deemed
				  inaccurate; repairs and/or shift and L value adjustments made and an additional
				  calibration check performed. The standard for the zero adjustment shall be 0.02
				  percent. Calibration logs shall be maintained and copies furnished the
				  commissioner upon request. No person other than those licensed or approved by
				  the commissioner shall calibrate or adjust the calibration of this or similar
				  type devices.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 40:891 and R.S.
					 40:883.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter C - Use of Other Than Approved Method Equipment, Glassware, Tests or Installation Prohibited › Section XXXI-119 - Approved Laboratories; Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall make a butterfat analysis,
				  when such data shall be used as a basis of payment (or fat-skim accounting) in
				  any other than a laboratory approved or licensed by the commissioner.
1. Laboratory. The laboratory shall be so
				  located, designed and equipped as to assure safety, efficiency and accuracy of
				  butterfat analysis.
2. Equipment.
				  The laboratory shall be equipped with the following.
a. Centrifuge. Shall be electric, equipped
				  with heating element, thermostat controls, tachometer or speed counter, brakes
				  and on-off switch.
b. Hot Water
				  Tank and Tempering Bath. Shall be equipped with tray, thermostatic controlled
				  heating element and on-off switch.
c. Glassware. Sufficient to perform the
				  workload in an efficient and accurate manner.
d. Hot Water. 140° F or above with sinks
				  designed to provide adequate tempering of samples.
e. Supplies. Sufficient to provide basic
				  maintenance of analytical devices, proper cleansing of glassware and the
				  accurate, efficient performance of the testing program.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter D - Test Results › Section XXXI-121 - Finished Product Analysis

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commissioner may secure such sample as a means of checking the accountability
				  of fat and skim by processors and cooperatives. Samples shall be secured within
				  five-day intervals on not less than six dates within the month and shall
				  equitably represent size and type of the product. Test results shall be
				  averaged immediately following the end of each month and a copy submitted to
				  respective parties. The commissioner may require accounting on the basis of
				  such averages provided the variation between that of the processor or
				  cooperative and the commissioner's shall vary in excess of the following.
Pasteurized Milk
0.05%
Homogenized Milk
0.05%
Skim Milk
0.05%
Buttermilk
0.05%
Chocolate Milk
0.10%
Half and Half Cream
0.10%
Light Cream
0.10%
Heavy Cream
0.20%
Sour Cream
0.10%
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 40:888 and R.S.
					 40:883.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter D - Test Results › Section XXXI-123 - Inadequate Fresh Milk Tests Compensation

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the absence of composite samples, an
				  inadequate number of acceptable fresh milk tests may be compensated by the most
				  recent acceptable fresh milk test recorded for the preceding period of
				  shipment. Compensation shall be limited to one test. Inadequate tests,
				  exceeding one, shall necessitate securing the additional samples from the farm
				  by employees of the party responsible for the testing program. Such samples
				  shall be secured, when possible, prior to the end of the sampling period or
				  immediately following the termination of the testing period. The commissioner,
				  his agent or representative, shall be notified prior to all
				  compensations.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 40:883.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 1 - Milk Testing › Subchapter D - Test Results › Section XXXI-125 - Computation of Butterfat Tests; Averages

Current through Register Vol. 50, No. 6, June 20, 2024
A. Individual fresh and composite Babcock
				  tests and all computed averages being compared to Babcock Composite tests shall
				  be determined to the nearest tenth percent.
B. All other tests and computed averages
				  shall be determined to the nearest hundredths percent.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 40:883.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-303 - Administration of the Affairs of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chairman shall preside at all
				meetings, provided that in the absence of the chairman, the vice-chairman shall
				preside.
B. The board shall meet
				upon the call of the chairman or the commissioner.
C. The board may conduct at least one meeting
				during each quarter or may meet more frequently upon call.
D. The board may, from time to time, delegate
				some of its responsibilities to subcommittees of the board, provided that such
				delegation of authority may be granted only at a meeting where a quorum is
				present.
E. Members of the board
				shall be entitled to reimbursement in accordance with rules and regulations
				governing state employees for expenses incurred in attending meetings of the
				board or its subcommittees, provided that no member shall be entitled to
				reimbursement except for the performances of duties specifically assigned by
				the commissioner.
F. Meetings of
				the board shall normally be held in the domicile of the board but may be held
				at other locations from time to time.
G. Proxies shall not be permitted.
H. No final action shall be taken by the
				board except at a meeting where a quorum is in attendance.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4107 and 3:4108 (formerly R.S. 40:931.7 and
				  R.S. 40:931.8).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-305 - Licenses Required and Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each retailer, distributor, processor or
				any person must be licensed by the board or the commissioner prior to and while
				conducting any business of buying and/or selling dairy products.
B. The board or the commissioner shall
				maintain a list of each retailer of dairy products. This list shall be known as
				the Retailer License List. Inclusion on the list shall constitute licensing of
				the retailer. Temporary removal from the list shall constitute suspension of
				the license and permanent or indefinite removal from the list shall constitute
				revocation of the retailer's license. The Retailer License List shall be a
				public record.
C. It shall be the
				obligation of each retailer to inform the board or commissioner, in writing,
				the full name, address of each location at which it sells dairy products, all
				applicable phone numbers, whether a corporation, partnership, sole
				proprietorship or other type of entity and the name, title, address and phone
				number of the highest ranking officer, partner or manager, before selling any
				dairy products. Upon receipt of such information the board or the commissioner
				shall include the retailer on the Retailer License List unless the board or
				commissioner finds after a hearing in accordance with the Administrative
				Procedure Act that the retailer notwithstanding the foregoing Paragraphs is in
				effect a person or entity whose license has been previously suspended or
				revoked. The board or commissioner may include any retailer on the Retailer
				License List which it believes to be engaged in the business of retailing and
				where there is no cause not to include said retailer on the Retailer License
				List.
D. For licensure, each
				processor and distributor must:
1. complete
				the application form required by the board or the commissioner;
2. demonstrate compliance with all pertinent
				requirements of agencies of government.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-307 - Assessments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S.
				3:4101, an assessment of $0.03 per
				hundredweight is hereby levied upon the first sale of dairy products within the
				state of Louisiana by the processor, distributor or retailer licensee who sells
				such product. The assessment shall be due and payable on all sales of dairy
				products during the previous month.
B. Only one assessment shall be levied on any
				given lot of dairy products. For example, when a processor makes the first sale
				of a given lot of dairy products and pays the assessment due thereon, no
				assessment shall be due from the distributor or retailer of that lot of dairy
				products. However, when a distributor makes the first sale within this state of
				a given lot of dairy products, the distributor or retailer shall be liable for
				payment of the required assessment on such lot.
C. The assessment on frozen desserts shall be
				determined by converting the frozen desserts to milk equivalents by the
				following procedure: Multiply total non-fat milk solids x 5.79 and multiply
				total pounds fat x 12.5, add the two results. The resulting figure shall be
				used as a milk equivalent.
D.
				Assessments must be paid on or before the last day of the month following the
				month in which the sales occur. (For example, a report filed on December 31
				should include all sales made during the month of November.) Assessments must
				be remitted to the board or commissioner together with the reporting form
				required by the board or commissioner. Each processor, distributor and retailer
				required under Subsection A hereof to pay the assessment must file the required
				report and pay the assessment on the due date.
E. Licensees whose assessments amount to $25
				or less each year may pay the total assessment for the 12 months of the year on
				an annual basis, provided that such licensees must file the reporting form
				required by the board or commissioner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4111 and
				  R.S.
				  3:4108 (formerly R.S. 40:931.13 and R.S.
				  40:931.8).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-311 - Milk Case Deposit Program and Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any licensed processor may adopt a milk
				case deposit program provided that those licensees who adopt a milk case
				deposit program shall:
1. give written notice
				providing clear, express and written detail of the program to all persons or
				entities to whom the program applies;
2. provide the same information in writing to
				the board or commissioner;
3.
				provide all said notices no less than 30 days before the implementation of said
				program;
4. apply any such program
				uniformly to all customers; and
5.
				such milk case deposits, if implemented, shall be refundable and shall be $1
				per milk case.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-313 - Investigative Hearing Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Upon the belief that the Act or these rules and regulations may have been or
				will be violated, the board or commissioner may take the deposition of any
				person, firm or corporation for the purpose of investigating alleged violations
				or potential violations of the Act or these rules and regulations subject to
				the following conditions:
1. the deponent
				shall receive no less than five business days' notice of the date, time and
				place of the deposition. The place of said deposition shall be designated by
				the board or commissioner and shall be either in East Baton Rouge Parish or in
				the parish of domicile or principal place of business of deponent. In the event
				the deponent is not domiciled in Louisiana and has no principle place of
				business in Louisiana, the deposition may be noticed for and taken in East
				Baton Rouge Parish;
2. the subject
				of inquiry of the deposition shall be contained in the notice and the inquiry
				shall be limited to the subject or subjects noticed, said limitation being the
				same as those of a civil discovery deposition conducted in accordance with
				Louisiana law;
3. the notice shall
				advise deponent of the right to be represented by counsel and to be accompanied
				by counsel;
4. the notice shall
				advise of the potential uses of such deposition;
5. the notice shall advise of the right to
				read and sign the deposition;
6.
				the notice shall advise of the right to obtain a copy of such deposition upon
				payment of costs.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-315 - Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				violate any provision of the Act or these rules and regulations.
B. No person shall engage in any disruptive
				trade practices.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4109,
				  R.S.
				  3:4116 and
				  R.S.
				  3:4108 (formerly R.S. 40:931.10, R.S.
				  40:931.18 and R.S. 40:931.8).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-319 - Mandatory Obligations of Licensees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The omission by a licensee of any of the
				following requirements constitutes a violation of these rules and regulations
				and failure to comply with same can result in suspension or revocation of
				license, in addition to any other penalty provided by law or these rules and
				regulations.
B. Each licensee must
				maintain all records including financial records pertaining to all transactions
				subject to the Act in accordance with standards generally prevailing in
				industry for a period of not less than two years. Said records shall be kept in
				a manner that permits prompt access to all such records and shall be kept in a
				manner that facilitates the determination by audit of, which costs are
				allocable to which products and, shall include but not be limited to the
				following records:
1. expenses incurred and
				paid;
2. expenses
				accrued;
3. depreciation
				schedules;
4. production schedules;
				and
5. documentation of
				circumstances relating to price changes for purposes of meeting
				competition.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-321 - Trade Practices Declared Not Disruptive

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following acts are specifically
				declared as not constituting disruptive trade practices and are not prohibited:
1. the giving of advertising novelties unless
				the nature or value of the advertising novelty is such that the giving of such
				advertising novelty constitutes an illicit payment;
2. normal social activities of any person or
				the entertainment of any customer unless the expenditure involved in such
				entertainment is excessive or unreasonable;
3. the giving of samples of dairy products to
				consumers if the following requirements are observed:
a. in the case of fluid milk products, the
				quantity must be limited to 3 fluid ounces;
b. in the case of frozen desserts, the
				quantity must be limited to 1 fluid ounce;
c. the retailer on whose premises such
				sampling activity takes place must have been in operation at that location for
				at least 60 days prior to the date on which such activity takes
				place;
d. prior to engaging in
				sampling activities on the premises of a retailer, the processor or distributor
				shall notify the board or commissioner of the planned sampling activity. If
				such notification is by mail, it shall be given at least 10 days prior to the
				date of the planned sampling activity, and if such notification is by
				telephone, it shall be given at least three days prior to such
				activity;
e. notwithstanding the
				above provisions, processors may give homogenized milk, lowfat milk, skim milk,
				or chocolate milk in half-pint containers or a frozen dessert sample weighing
				no more than 3 fluid ounces to persons participating in plant tours, if such
				products are consumed on the premises where given;
f. the giving of such sampling by a processor
				or distributor shall not extend over a period of more than two consecutive days
				for each retailer and shall not occur more frequently than once per calendar
				quarter; provided that the giving of such samples during the month of December
				shall not be used in determining whether there has been compliance with the
				provisions of this Subsection limiting frequency of sampling demonstrations to
				one per calendar quarter;
g. the
				prohibition contained herein shall not apply to trade shows or other activities
				designated by the board or commissioner in writing;
4. the donation of dairy products not
				directly or indirectly related to the sale of dairy products to nonprofit and
				charitable entities;
5. a
				cooperative association returning to its members, producers, or consumers the
				whole or any part of the net earnings or surplus resulting from its trading
				operations, in proportion to their purchases or sales from, to, or through the
				association, provided same is not in the form of a discount or allowance and
				distributed not more frequently than quarterly.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-323 - Burdens and Presumptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Sales
				below Cost
1. Upon proof being made at any
				adjudicatory hearing that a licensee has advertised, offered to sell, or sold
				dairy products at less than cost as defined herein plus applicable taxes, the
				licensee shall be presumed in violation of the regulations proscribing sales
				below cost.
2. The licensee may
				rebut that presumption by proving that:
a.
				such advertisement, offer to sell, or sale was not for the proscribed purpose,
				did not have a proscribed effect or was otherwise lawful, such as that it was
				made in good faith to meet an equally low price of a competitor when all of the
				following circumstances were present:
i. the
				advertisement, offer to sell, or sale was limited to that customer, group of
				customers or that market area to which the price was available from
				competitors;
ii. the advertisement,
				offer to sell, or sale occurred only while the competitive circumstances
				justifying such sale below cost existed; and
iii. the advertisement, offer to sell, or
				sale is reported in advance in writing to the board or commissioner, or, if
				advance notification is not possible, within 72 hours thereafter;
b. such advertisement, offer to
				sell, or sale was necessary in response to actual or imminent deterioration of
				dairy products, seasonal obsolescence of dairy products, distress sales under
				court process, final liquidation sales or sales in good faith in discontinuance
				of a business or in discontinuance of a dairy product, and provided that the
				price at which the dairy product is advertised, offered, or sold is reported in
				advance to the board or commissioner, or, if advance notification is not
				possible, within 72 hours thereafter.
3. In the event a representative of the board
				or of the commissioner has a reasonable basis upon which to believe that a
				licensee may be selling dairy products below costs and said licensee denies
				access, fails to produce or produces records which will not permit a
				determination of the cost of production then, in that event, the cost of the
				dairy products for the relevant period shall be presumed to be in excess of the
				selling price. This presumption shall be rebuttable but the burden of rebutting
				same shall be upon the licensee.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-325 - Cease and Desist Order; Suspension/Revocation of License ; Hearing Required ; Penalties ; Amount ; Stipulated Resolutions ; Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon probable cause the board or
				commissioner may issue a cease and desist order to any licensee, describing
				with particularity the acts or omissions which the board or commissioner
				believes to constitute a violation of the Act or these rules or regulations and
				ordering such licensee to take the necessary and sufficient steps to establish
				immediate compliance.
B. Upon a
				finding of any violation of the Act or these rules and regulations by a
				licensee which violation occurred after the receipt of a relevant cease and
				desist order the board or commissioner may and should assess a penalty which is
				treble the normal penalty for any such offense.
C. The board or commissioner may suspend or
				revoke the license of any licensee found to have violated any provisions of the
				Act or these rules and regulations.
D. No license shall be suspended or revoked
				unless the licensee is given an adjudicatory hearing noticed and conducted in
				accordance with the Administrative Procedure Act (R.S.
				49:950-49:970).
E. The board or commissioner may, in lieu of
				suspension or revocation of any license, impose a penalty in accordance with
				R.S.
				3:4109(G) as a result of any
				violation of the Act or these rules and regulations which is sustained at such
				hearing. No penalty may be imposed until such time as an adjudicatory hearing
				in accordance with the Administrative Procedure Act is held.
F. Each day on which a violation occurs shall
				be considered a separate offense.
G. The foregoing shall not limit any
				stipulated resolution of any alleged violation.
H. All notices including notices of
				adjudicatory hearings and services of the subpoenas shall be served upon the
				agent for service of process, an officer, the principal owner, a manager or an
				employee of the entity to be noticed or served and, once served in accordance
				herewith said notice or service, shall be valid.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4108,
				  R.S.
				  3:4109 and
				  R.S.
				  3:4116.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-327 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. Neither the
				board, the commissioner, nor any agent nor representative of either shall
				disclose any financial or business information of any licensee which is
				acquired or collected in the enforcement of the Act or these rules and
				regulations, except as provided by
				R.S.
				3:4110.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4108 and
				  R.S.
				  3:4110.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXI - Milk, Milk Products and Substitutions › Chapter 3 - Dairy Stabilization Board › Section XXXI-329 - Delegation of Authority and Duties

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The commissioner may, from time to time, in accordance with the authority
				granted to him under
				R.S.
				36:901(B), delegate to the
				board any of the authority and/or duties reserved to the
				commissioner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4108.