reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-129 - Probationary Status of Licensee/Registered Employee

Current through Register Vol. 50, No. 6, June 20, 2024
A. A license or registration certification
				may be placed on probationary status only upon the affirmative vote of three
				members of the commission at an adjudicatory proceeding noticed and conducted
				as required under §127
B. When a
				minor violation is sustained before the commission in an adjudicatory
				proceeding, a licensee or registered employee may be placed on probation for a
				period not to exceed six months.
C.
				When a moderate violation is sustained before the commission in an adjudicatory
				proceeding, the licensee or registered employee may be placed on probation for
				a period not to exceed one year.
D.
				When multiple violations (i.e., violations of more than one provision of the
				Act or these rules and regulations or more than one violation of the same
				provision of law or regulations) are sustained before the commission, the
				commission shall consider each separate violation and take appropriate action
				with respect thereto.
E. Whenever
				any licensee or registered employee is found in an adjudicatory proceeding to
				have committed a major violation or multiple violations of the Act or these
				rules and regulations, the commission may suspend or revoke the
				license/registration certificate without first imposing a period of
				probation.
F. Any violation of the
				Act or these rules and regulations during a period of probationary status will
				subject the offender to more severe penalties, including suspension and/or
				revocation of his license or registration certificate and/or the initiation of
				proceedings in a court of competent jurisdiction.
G. If the violations resulting in the
				imposition of probationary status are corrected during the period of
				probationary status, the probationary period shall automatically expire,
				without notice, at the end of the probationary period specified by the
				commission.
H. If the violations
				resulting in the imposition of the probationary status are not corrected during
				such period of probationary status, the commission may either:
1. renew the period of probationary status;
				or
2. suspend/revoke the
				license/registration certificate after an adjudicatory hearing noticed and
				conducted under §127
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-131 - Suspension/Revocation of License/Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. A license/registration may be
				suspended/revoked by the commission:
1. only
				upon the unanimous vote of the commission; and
2. only for a violation of the Act or these
				rules and regulations sustained before the commission in an adjudicatory
				proceeding noticed and conducted as required under
				§127 hereof.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-133 - Inspection, Taking of Samples

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				During the course of their inspections, inspectors employed by the commission
				may take soil samples and/or chemical samples of tank mixes and/or
				rodenticide.
B. Soil and chemical
				samples shall be properly marked to preserve a chain of custody record and
				shall be submitted to the laboratory at Louisiana State University for
				analysis.
C. Results of laboratory
				analysis of soil and/or chemical samples may be used in adjudicatory
				proceedings and shall be made available to the pest control operator upon
				request after the analysis is completed.
D. Samples that are requested by any other
				person other than for enforcement by the department shall be paid for by the
				person requesting the chemical sample. The fee shall be $500 per sample which
				includes one (1) analysis and the cost for obtaining the samples by the
				employee of the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3366.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-135 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A pest control
				operator shall not engage in any phase of structural pest control work for
				which he is not specifically licensed by the commission.
B. No person engaged in the sale of products
				for the eradication of household pests or wood-destroying insects shall
				demonstrate such products by applying the products to the premises of a
				customer without first obtaining a license from the commission.
C. No examination for licensure will be given
				if the applicant is not eligible for licensure on the basis of education and/or
				experience.
D. No person shall
				assign a registered licensee\employee to perform structural pest control work
				in any phase for which he is not licensed or registered.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3366 and
				  3:3371.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-137 - Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
				regulations do not apply to the application of pesticides for the control of
				agricultural pests.
B. These rules
				and regulations do not apply to any person, firm, partnership, corporation,
				association or other organization or combination thereof engaged in the
				manufacturing or selling of products to the general public for the control of
				household pests and termites, provided that such entities shall not apply such
				products, by way of demonstration or otherwise, to a customer's premises or
				offer any services connected with pest control unless licensed to do so by the
				commission.
C. These rules and
				regulations do not apply to persons who personally apply pesticides of any kind
				for the control of household pests or wood-destroying insects on property which
				they own, rent or lease.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3366 and
				  R.S.
				  3:3376.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-139 - Complaints against Pest Control Operators

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any citizen may file a complaint in
				writing against any pest control operator by contacting the commission's
				office.
B. Upon receipt of a
				written complaint, the commission staff shall:
1. conduct an investigation of the incident
				involved in the complaint; and
2.
				inform the pest control operator against whom the complaint has been
				lodged.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-141 - Minimum Specifications for Termite Control Work

Current through Register Vol. 50, No. 6, June 20, 2024
A. All labels for products used for termite
				control work shall be registered by the EPA and the department and shall be
				approved by the commission prior to their use.
1. The department shall issue a listing of
				product labels approved by the commission for termite control work. The listing
				shall become effective upon approval by the commission. The list shall be
				published in the Potpourri section of the
Louisiana Register
and shall remain in effect until changed by the commission. The commission may
				add or delete any product labels from its list. The list shall be published in
				the Potpourri section of the
Louisiana Register.
Upon
				publication of the list all previous listings shall be repealed.
2. The commission's list of product labels
				shall also contain the chemical concentration at which each product label is
				approved for usage, and shall be applied in accordance with label and labeling
				requirements and shall not be applied at any less than label and labeling
				requirements.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-143 - Termiticide Foam Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Termiticide foam applications may be used as a supplemental treatment to
				approved liquid applications on treatments for the control, prevention or
				eradication of termites and other wood destroying insects.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3366.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-145 - Wood-Destroying Beetles (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3366.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-147 - Fumigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
1. This rule governs all fumigation of
				residential and commercial structures, ships, railcars, trucks, commodity
				containers and vaults within the state of Louisiana, including ships at anchor
				in rivers within the borders of Louisiana and ships at anchor within a 3-mile
				limit off the coast of Louisiana.
2. The licensee shall comply with the
				Structural Pest Control Commission rules and regulations and shall follow all
				other applicable state and federal rules and regulations.
3. The licensee is responsible for compliance
				with all label and labeling requirements.
4. The licensee is responsible for giving any
				notice to law enforcement and/or fire protection agencies required by any
				governing body of the locality in which the fumigation will take
				place.
5. The licensee shall make
				certain that personal protection equipment for the fumigant being used is
				immediately accessible where the fumigation is being done.
6. The licensee shall remove all signs,
				fumigation containers and/or materials, and any other debris which accumulated
				as a direct result from the fumigation.
7. The licensee shall have all gas
				detection/monitoring instruments for the fumigant being used properly
				calibrated to meet manufacturer standards prior to the application of the
				fumigant.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-149 - Repeal of Prior Rules and Regulations of the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon promulgation of these rules and
				regulations, all rules and regulations of the commission adopted prior to the
				effective date of these rules and regulations shall be repealed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3366.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-151 - General Requirements for Pesticide Waste

Current through Register Vol. 50, No. 6, June 20, 2024
A. All permittees, licensees, or registered
				persons shall implement a containment system for reuse or apply a pesticide
				waste immediately to a site of application per label and labeling.
B. Handling Spills by Applicators
1. All spills of more than 1 gallon liquid or
				4 pounds dry weight shall be reported to the director by the applicator,
				primary licensee or permitee within 24 hours by telephone and by written notice
				within 3 days.
2. The permitee is
				responsible for the cost of cleanup
				resulting from pesticide spills in their operations.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-153 - Handling of Pesticide Containers by Structural Pest Control Operators

Current through Register Vol. 50, No. 6, June 20, 2024
A. Storage Areas
				for Full or Partially Full Pesticides Containers
1. Pesticide containers shall be stored in a
				secure enclosure.
2. Pesticide
				containers shall be free of leaks.
3. The storage area shall be maintained in
				good condition, without unnecessary debris.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-155 - Rinsate from Pesticide Containers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Pesticide containers shall be cleaned and disposed of according to the product
				label.
B. Pesticide containers,
				ready for disposal, shall be stored in a secured area and shall be kept for no
				more than 90 days or 180 days if held for recycling.
C. Rinsate from pesticide container cleaning
				shall be used in the following manner:
1. in
				subsequent applications of the pesticide; or
2. placed in a rinsate collection system
				dedicated to that pesticide and used according to the label and labeling and
				shall be removed from the system in less than 30 days after deposit therein;
				or
3. disposed in a permitted waste
				facility.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-157 - Containment Structures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Containment structures shall meet all of the following requirements:
1. shall be constructed of steel, reinforced
				concrete or other rigid material capable of withstanding the full hydrostatic
				head and load of any substances, equipment and appurtenances placed on the
				structure;
2. shall be compatible
				with the pesticides stored within the structure;
3. shall be liquid-tight with cracks, seams
				and joints sealed;
4. shall not be
				constructed of natural earthen material, unfired clay and asphalt;
5. shall protect appurtenances and containers
				against damage from personnel and moving equipment;
6. shall seal appurtenances, discharge
				outlets or drains through the base or wall of existing containment structures,
				except direct connections between containment structures;
7. shall not configure appurtenances,
				discharge outlets or drains through the base or wall of new containment
				structures, except direct connections between containment structures;
8. shall control stormwater in all
				containment structures by constructing with sufficient freeboard to contain
				precipitation and prevent water and other liquids from seeping into or flowing
				onto them from adjacent land or structures.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-159 - Containment Pads

Current through Register Vol. 50, No. 6, June 20, 2024
A. Existing
				containment pads shall:
1. intercept leaks
				and spills; and
2. have enough
				surface area to extend under containers on it; and
3. accommodate at least the portion of the
				vehicle where the hose or device couples to it, for transport vehicles
				delivering pesticide; and
4. allow
				for removal/recovery of spilled, leaked or discharged material and rainfall;
				and
5. have no automatic pumps
				without overflow cutoffs.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-163 - Donation of Structural Pest Control Work

Current through Register Vol. 50, No. 6, June 20, 2024
A. Structural pest control operators licensed
				by the commission may donate, in accordance with this Section, structural pest
				control work to eligible individuals or organizations who otherwise could not
				afford such services in order to improve living conditions and their quality of
				life.
B. The commission, at the
				request of the Louisiana Pest Control Association or any other state or local
				not-for-profit association of pest control operators, may approve a plan for
				the donation of structural pest control work to individuals or organizations
				that are in need of, but unable to afford such services.
C. Any plan submitted to the commission shall
				state:
1. the purpose of the plan;
2. the organization(s) or group(s) of persons
				receiving such services;
3. the
				nature of the services to be provided;
4. the location(s) at which the services are
				to be provided;
5. the length of
				time the program is to run;
6. the
				licensed pest control operators who are expected to participate;
7. any other information the commission may
				deem necessary to properly evaluate the plan.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-165 - Requests for Adoption, Amendment, or Repeal of a Rule

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any interested person may, pursuant to
				R.S.
				49:964, request the commission to adopt,
				amend, or repeal a rule (rule change) that the commission has the authority to
				make.
B. A request for a rule
				change shall be in writing and shall contain the following information:
1. a draft of the proposed wording of the
				requested rule change or a statement detailing the content of the requested
				rule change;
2. the name, address,
				telephone number, fax number and e-mail address of the requesting
				party.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-167 - Procedure for Declaratory Orders and Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A. This rule provides for the filing and
				prompt disposition of requests for declaratory orders and rulings as to the
				applicability of any statutory provision or as to the applicability of any rule
				or order of the commission, as required by
				R.S.
				49:977.4 and
				49:968(D).
B. A request for a declaratory order or
				ruling shall be in writing and shall contain the following information:
1. a citation to the specific statutory
				provision, rule or order that will be the subject of the declaratory order or
				ruling;
2. a concise statement of
				why the declaratory order or ruling is being requested;
3. a list of all persons that the requesting
				party may call to testify and a list of all documents that may be submitted as
				evidence, if a hearing is called to take evidence;
4. the name, address, telephone number, fax
				number and e-mail address of the requesting party, either printed or written in
				legible form.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter A - General Provisions › Section XXVII-103 - Administration of the Affairs of the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The officers of the commission shall be a
				  chairman and a vice-chairman, who shall serve for terms concurrent with the
				  commissioner, but may be elected for an indefinite number of terms.
B. After the initial election of officers,
				  the chairman and vice-chairman shall be elected at the commission's regular
				  meeting during the first quarter of each year.
C. In the absence of the chairman at any
				  meeting of the commission, the vice-chairman shall preside.
D. Meetings of the commission shall normally
				  be held in its domicile but may be held at other locations upon the
				  determination of the chairman or the will of the commission.
E. There shall be no voting by
				  proxy.
F. The chairman shall
				  designate a hearing officer, who may or may not be a member of the commission,
				  to preside at all adjudicatory proceedings of the commission. The chairman may,
				  if he so desires, serve as hearing officer at any adjudicatory
				  proceeding.
G. The commission shall
				  serve as the hearing body in all adjudicatory proceedings and shall make the
				  final determination with regard to the disposition of all matters coming to
				  adjudication.
H. The director shall
				  provide clerical and other support services as may be required by the
				  commission and shall maintain and distribute appropriate minute records of the
				  commission.
I. No member of the
				  commission shall participate in any discussion or vote concerning any matter
				  before the commission in which such member has a personal or commercial
				  interest.
J. No member of the
				  commission or the staff shall disclose any financial information pertaining to
				  any licensee or applicant for license.
K. The commission may, from time to time,
				  delegate any of its responsibilities to subcommittees appointed by the
				  chairman. Such subcommittees may perform such specific duties as may be
				  assigned by the chairman but all actions of such subcommittees shall be subject
				  to ratification by the full commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3403 and
					 R.S.
					 3:3405.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter A - General Provisions › Section XXVII-105 - Agricultural Commodities and Other Farm Products Regulated by the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  agricultural commodities shall be regulated by the commission at all times:
1. rice;
2. rough rice;
3. all agricultural commodities commonly
				  classed as grain; including:
a.
				  wheat;
b. corn;
c. oats;
d. rye;
e. soybeans;
f. barley;
g. grain sorghum;
4. cotton.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter B - Application for Warehouse, Grain Dealer and Cotton Merchant Licenses › Section XXVII-107 - Application for License (Initial and Renewal); Time for Filing; Contents; Fees; Style of Document

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications
				  for renewal of warehouse, cotton merchant and grain dealer licenses shall be
				  received no later than April 30 of each year. Applications for initial license
				  may be filed at any time during the year. For both initial and renewal
				  licenses, the following information shall be furnished on the application form
				  provided by the commission:
1. type of
				  application:
a. warehouse;
b. grain dealer;
c. cotton merchant;
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter B - Application for Warehouse, Grain Dealer and Cotton Merchant Licenses › Section XXVII-109 - Grounds for Refusal to Issue or Renew a Warehouse, Cotton Merchant, or Grain Dealer License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission may refuse to issue or renew a warehouse, cotton merchant, or grain
				  dealer license in any of the following circumstances:
1. the applicant cannot demonstrate to the
				  satisfaction of the commission that he is competent to operate the business for
				  which the license is sought;
2. the
				  applicant cannot demonstrate a $100,000 net worth;
3. the applicant has failed to provide all of
				  the information required in the application for licensure;
4. the applicant has previously refused to
				  permit audit of his records;
5. the
				  applicant has not or cannot provide the security required by
				  R.S.
				  3:3401-3425;
6. the applicant has not or cannot secure the
				  insurance required by
				  R.S.
				  3:3401-3425;
7. if an applicant for a warehouse license:
				  the facilities in which the business will be operated are not suitable for
				  storage of agricultural commodities;
8. if an applicant for a grain dealer
				  license: the applicant has failed to hedge its obligations to producers as
				  required by
				  R.S.
				  3:3401-3425 and the rules contained in this
				  Part.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter C - Warehouse Licenses › Section XXVII-111 - Requirements Applicable to All Warehouses

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall operate a warehouse
				  subject to regulation under
				  R.S.
				  3:3401-3425 unless licensed by the commission or
				  under the U.S. Warehouse Act. The following types of warehouses are
				  specifically defined as warehouses subject to regulation under
				  R.S.
				  3:3401-3425:
1. any facility offering storage as defined
				  in §101 of this
				  Part;
2. any facility which issues
				  state warehouse receipts covering agricultural commodities or farm
				  products;
3. all field warehouses.
				  The management organization operating a field warehouse shall secure a separate
				  license for each location. Field warehouses shall be licensed in the same
				  manner as any other warehouses and regulations governing other warehouses shall
				  apply equally to field warehouses.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter C - Warehouse Licenses › Section XXVII-113 - Standards for Approval of Facilities for Storage of Agricultural Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  building shall be of sound construction, in good physical condition, and
				  suitable for storage of the agricultural commodities to be stored
				  therein.
B. The building shall be
				  weathertight so as to protect the commodities stored in it from the elements at
				  all times.
C. The building and the
				  surroundings shall be reasonably clean and free of debris of any
				  kind.
D. There shall be safe
				  ingress and egress to all storage units.
E. Storage units having entrances more than
				  20 feet above ground or floor level shall be equipped with a safe and adequate
				  lift or ladder.
F. All catwalks
				  shall be equipped with railings, shall be structurally sound, and shall be kept
				  free of all grain or other matter which might endanger human life.
G. The facility shall maintain reasonable
				  provisions for rodent and insect control.
H. Commodities or farm products stored in
				  containers rather than in bulk shall be separated by an aisle of sufficient
				  width to permit passage for inspection.
I. When different agricultural commodities
				  are stored in the same facility in bulk, the different commodities shall be
				  separated by a substantial partition.
J. When a warehouse license covers more than
				  one facility, each warehouse unit shall be designated by a number, beginning
				  with the number 1, which number may not be changed without the prior approval
				  of the commission.
K. Each storage
				  unit, building, bin, or compartment shall have painted thereon or securely
				  affixed, in a conspicuous manner and location, an identifying number or letter,
				  or both, which may not be changed without prior approval of the
				  commission.
L. Bulk grain bins
				  shall be numbered at all openings on top and also on or near all outlet valves
				  underneath so as to be easily identified.
M. Each facility shall contain adequate and
				  accurate weighing and sampling equipment. All scales in warehouses licensed by
				  the commission are subject to examination by the Division of Weights and
				  Measures of the department.
N.
				  Special Requirements for Rice. Provisions for identification cards shall be
				  securely attached to all bins and when commodities are placed under receipt, an
				  identification card showing the following information shall be firmly attached
				  to the bin boards:
1. the lot
				  number;
2. whether the receipt is
				  negotiable or non-negotiable;
3.
				  the number of the receipt;
4. the
				  name of the person or company to whom the receipt was issued;
5. the number of containers of commodities,
				  if not in bulk, in the bin.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter C - Warehouse Licenses › Section XXVII-114 - Temporary Storage Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Temporary storage facilities may be approved by the commission on a case by
				  case basis. Temporary storage may only be operated in conjunction with an
				  existing, licensed warehouse and the capacity to be approved shall be
				  compatible with the warehouseman's operational and financial
				  capabilities.
B. A warehouseman who
				  desires to store commodities in temporary storage shall make written
				  application to the commission for approval of temporary storage prior to
				  placing any commodity in temporary storage. The warehouseman shall advise the
				  commission of his intent to use temporary storage, with an application
				  indicating location, construction, quantity to be stored and estimated time of
				  storage.
C. Application for
				  approval of temporary storage shall be made only after completion of the
				  temporary storage structure. All temporary storage structures approved by the
				  commission must comply with each of the following.
1. Rigid, self-supporting sidewalls shall be
				  used.
2. An asphalt or concrete
				  floor or other suitable hard surface shall be used to preserve the quality and
				  quantity of commodities.
3. Proper
				  covering shall be provided which shall preclude exposure of the commodities to
				  normal exposure of all weather conditions.
4. The space shall have necessary equipment
				  such as a leg, conveyers, portable augers, or vaculators for handling,
				  receiving, and loading out of the commodities. All storage units shall have
				  either empty storage space to turn and condition the commodities or be equipped
				  with proper ventilation such as air ducts and ventilation fans to keep the
				  commodities from going out of condition.
5. The space shall be immobile.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter C - Warehouse Licenses › Section XXVII-115 - Security Required for Warehouse License; Provisions Relative to Licensed Capacities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  applicant shall execute and file security, on forms provided by the commission,
				  which security shall be issued by a company authorized to do business in
				  Louisiana prior to issuance of the license.
B. The security shall be conditioned upon:
1. the faithful performance of all duties and
				  obligations to patrons of the warehouse; and
2. compliance with all requirements of
				  R.S.
				  3:3401-3425 and the regulations contained in
				  this Part.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter C - Warehouse Licenses › Section XXVII-117 - Provisional Stock Insurance Required for Warehouse License

Current through Register Vol. 50, No. 6, June 20, 2024
A. At all times,
				  each warehouse shall carry sufficient provisional stock insurance to assure
				  protection against fire and other disasters for all agricultural commodities in
				  storage in an amount proportionate to the licensed capacity of the facility.
				  Provisional stock insurance records are subject to examination by the
				  commission during audit of the facility.
B. The provisional stock insurance shall be
				  written for a period of at least one year by an insurance company authorized to
				  do business in Louisiana and shall provide for 30 days written notice to the
				  commission prior to cancellation.
C. A copy of the insurance policy or a
				  certificate of insurance shall be filed with the commission prior to issuance
				  of the license.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3405 and
					 R.S.
					 3:3410.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter C - Warehouse Licenses › Section XXVII-119 - Amendment to License Required When Change of Status Occurs

Current through Register Vol. 50, No. 6, June 20, 2024
A. The licensee shall give written notice to
				  the commission within three days after any of the following occurs:
1. loss or damage to stored commodities or
				  licensed facilities;
2. change of
				  ownership of a licensed warehouse, including a change in the members of a
				  partnership or in the officers of a corporation;
3. change in management personnel of a
				  licensed warehouse;
4. change in
				  the name of the business operating the facility;
5. any major structural change in the
				  facility;
6. the termination of a
				  lease covering a licensed facility;
7. change of business address;
8. filing of any legal action (except filing
				  of suits for workmen's compensation) against the warehouse or the management
				  personnel of the warehouse.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter D - Grain Dealers › Section XXVII-123 - Requirements Applicable to All Grain Dealers

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall buy and/or sell
				  agricultural commodities for producers, or represent producers in the purchase
				  or sale of agricultural commodities, unless licensed as a grain dealer by the
				  commission.
B. No grain dealer may
				  store agricultural commodities belonging to any other person unless such grain
				  dealer is also licensed by the commission as a warehouse or licensed under the
				  U.S. Warehouse Act.
C. A single
				  business entity which operates grain dealerships at more than one location may
				  be covered by one license. In such instances, the applicant shall provide
				  separate personnel information for each location but may submit a consolidated
				  financial statement covering all locations.
D. When two or more businesses which are
				  separate legal entities, even though owned and/or operated by the same
				  individual or the same legal entity, are operated at one or more physical
				  locations, each separate entity shall obtain a separate license.
E. Each grain dealer license issued by the
				  commission shall expire on June 30 following the date of issue.
F. The applicant shall be of legal age and
				  shall be able to demonstrate knowledge of the practical facts of keeping
				  accurate records regarding the trading of agricultural commodities.
G. The applicant shall execute and file
				  security, on forms provided by the commission, which is written by a company
				  authorized to do business in Louisiana. The security shall be in an amount of
				  $50,000 and shall provide for 90 days written notice to the commission prior to
				  cancellation. The security shall be conditioned upon:
1. the faithful performance of all duties and
				  obligations to producers; and
2.
				  compliance with all requirements of
				  R.S.
				  3:3401-3425 and the regulations contained in
				  this Part. The security is subject to the approval of the commission and shall
				  be so approved prior to issuance of the license. Failure to keep the security
				  in full force and effect shall subject the grain dealer to suspension or
				  revocation of its license.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter D - Grain Dealers › Section XXVII-125 - Risk Position Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each grain dealer shall achieve and
				  maintain a relatively even hedge position within no more than three business
				  days after deposit of agricultural commodities by producer. Relatively even
				  hedge position means that the grain dealer has entered into contracts to buy or
				  sell commodities which are roughly equal in value to the amount of the dealer's
				  outstanding obligations to producers.
B. Whenever a grain dealer's risk position is
				  brought to market, its loss potential shall never exceed 30 percent of the
				  grain dealer's current net worth. No grain dealer may maintain a risk position
				  in excess of 30 percent of its current net worth, provided that the commission
				  may specify a lower maximum risk position for any grain dealer in an amount
				  having a reasonable relationship to that grain dealer's current net
				  worth.
C. The commission may
				  require a lower maximum risk position on any grain dealer by the following
				  procedures.
1. The commission shall notify
				  the grain dealer that a public hearing will be held, within five days after
				  notice, to establish for such grain dealer a requirement that its risk position
				  will be less than 30 percent of its current net worth.
2. The grain dealer may appear on its own
				  behalf or may be represented by counsel at the hearing, and may show cause why
				  such lower maximum risk position shall not be established for such grain
				  dealer.
3. The commission may
				  require the submission of interim financial statements in order to make a final
				  determination with respect to establishment of a lower risk position
				  requirement for such grain dealer.
4. The commission shall make a determination
				  at the public hearing and shall establish an exact risk position as a
				  percentage of current net worth for such grain dealer. Written notice of the
				  lower risk position requirement shall be given by the director immediately
				  following such public hearing.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter E - Assessments and Fees › Section XXVII-127 - Assessments: Amount, Time of Payment, Payment under Special Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Assessments
				  shall be due and payable from the producer at the first point of sale as
				  defined in §101 of this
				  Part.
B. Each grain dealer shall
				  deduct the assessments set forth in this rule and in
				  R.S.
				  3:3422 from the proceeds to be paid to
				  producers at the time of sale of commodities.
C. Assessments on commodities normally
				  weighed by hundredweight and on commodities normally weighed by bushels shall
				  be as set forth in
				  R.S.
				  3:3422. The weight of commodities normally
				  weighed in barrels shall be converted to bushels by multiplying the barrel
				  weight by 3.6.
D. Rates of
				  Assessments
1. Assessments on regulated
				  commodities listed in
				  §105 of this Part shall be at rates
				  comparable to the rates set forth in
				  §127. E of this Part.
				  The exact assessment on each commodity shall be promulgated in the
Louisiana Register
and when so promulgated shall remain in
				  full force and effect until changed by subsequent promulgation in the
Louisiana Register
. Such assessments may be collected as soon
				  as promulgated in the
Louisiana Register
and shall be
				  collected in the same manner as the assessments listed in
				  §127. C of this
				  Part.
2. Rates of assessments to be
				  levied at the first point of sale of agricultural commodities.
Rough Rice
$.01 per hundredweight
Corn
$0.007 per bushel
Soybeans
$0.007 per bushel
Oats
$0.007 per bushel
Sorghum
$0.007 per bushel
Wheat
$0.007 per bushel
Cotton
$0.10 per bale
3.
				  All assessments collected by licensees of the commission shall be remitted to
				  the commissioner, together with the report form required by the commission, no
				  later than the fifteenth day of the month following the month in which the
				  assessments are collected.
4. The
				  above assessments shall remain in effect until changed by the
				  commission.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter E - Assessments and Fees › Section XXVII-128 - Fees: Amount, Time of Payment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fees are due and payable upon the receipt
				  of an invoice from the department. A late payment shall be assessed for all
				  invoices paid after 30 days from the date of the invoice. The amount which
				  shall be assessed shall be 10 percent of the outstanding balance.
B. Applicable fees shall be charged for each
				  request for the department to provide official inspection service or weighing
				  service.
C. Schedule of Fees
1. The regular hours shall be 8 a.m. to 4:30
				  p.m., Monday through Friday, except legal holidays and declared half-holidays.
				  All hours worked, that are not regular hours, shall be considered as overtime.
				  Legal holidays and half-holidays shall be those legal holidays designated by
				  the legislature in
				  R.S.
				  1:55(B) and any other time
				  declared to be a holiday or half-holiday by the governor of Louisiana in
				  accordance with
				  R.S.
				  1:55.
2. The hourly rate shall be $26 per hour,
				  including travel time. Overtime hours shall be billed at one and one-half times
				  the hourly rate and shall be assessed in half-hour increments.
3. Mileage shall be billed at the IRS
				  standard mileage rate and applicable hourly rate for actual miles traveled from
				  nearest inspection point. Changes to the mileage rate shall be effective when
				  the IRS changes their standard mileage rate.
4. Official Services (including sampling
				  except as indicated)
Online D/T sampling inspection service (sampling,
								grading and certification), per regular hour
$26
Overtime hourly rate, per hour
$39
Unit Inspection Fees:
Aflatoxin Testing, per sample
$30
Rail Car, per car
$20.50
Truck/Trailer, per carrier
$10
Barge, per 1,000 bushels
$2.60
Submitted sample inspection
$12.30
Rail Car (per sample)
$10.30
Truck/Trailer (per sample)
$5.30
Barge (per sample)
$25.30
Factor only determination, per factor (not to
								exceed full grade fee)
$5.20
Probe Sampling Barge (per barge)
$100
On-Line Sampling Barge (per hour)
$20
Vomitoxin test (applicant supplies kit)
$25
Vomitoxin test (LDAF supplies kit)
$35
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter F - Scale Tickets › Section XXVII-129 - Scale Tickets: Filing, Contents, Maintenance in Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Immediately upon
				  deposit with a licensed warehouse or a licensed grain dealer of any
				  agricultural commodity or farm product regulated under
				  R.S.
				  3:3401-3425, the warehouse or grain dealer shall
				  issue a scale ticket to the depositor which conforms to the requirements of
				  this Rule. Warehouses licensed under the U.S. Warehouse Act may use scale
				  tickets approved by the federal licensing agency.
B. Scale tickets shall be sequentially
				  pre-numbered and shall be issued to depositors in numerical order. Different
				  scale ticket books may be used for different scales.
C. Each scale ticket shall consist of an
				  original and at least one copy. The original or a copy of the scale ticket
				  shall be maintained in numerical order in the licensee's records and shall be
				  available for examination by the commission at all times.
D. Whenever a scale ticket is voided, all
				  copies shall be so marked, dated, and signed by an authorized agent of the
				  warehouse or grain dealer, and all copies of the voided scale ticket shall be
				  maintained in the warehouse or grain dealer's records.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3405,
					 R.S.
					 3:3415, and
					 R.S.
					 3:3419.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter G - Warehouse Receipts › Section XXVII-131 - Warehouse Receipts: Completion; Issuance; Open Storage; Cessation of Business; Other Applicable Laws; Cancellation of Receipts; Company-Owned Commodities; Form of Non-negotiable Receipts

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensee may issue warehouse receipts by
				  use of a paper warehouse receipt system, an electronic warehouse receipt
				  system, or both.
B. Except as
				  herein provided, all warehouses shall use paper or electronic sequentially
				  numbered warehouse receipts.
C.
				  Warehouses licensed under the U.S. Warehouse Act may use receipt forms approved
				  by the federal licensing agency.
D.
				  Issuance of Receipts
1. Each warehouse shall,
				  on demand, issue a warehouse receipt for stored agricultural commodities or
				  farm products.
2. No warehouse
				  shall issue a warehouse receipt covering commodities which are already covered
				  by an outstanding and uncanceled warehouse receipt, except as provided by
				  §133. D of this
				  Part.
3. No warehouse may issue a
				  warehouse receipt covering commodities which are not actually stored in the
				  warehouse.