reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 7 - Truth in Labeling of Food Products › Section XXXV-713 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever the
				department has reason to believe that a violation of this Chapter or the Act
				has occurred, the department may present the alleged violations at an
				adjudicatory hearing before the Weights and Measures Commission.
B. The department shall notify the respondent
				of the alleged violation as well as an opportunity to respond thereto, by
				certified mail, prior to any hearing date in accordance with the Administrative
				Procedure Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4741.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 7 - Truth in Labeling of Food Products › Section XXXV-715 - Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person who
				violates any provision of this Chapter or the Act shall be subject to a civil
				penalty of not more than $500 for each violation.
B. Each day on which a violation occurs shall
				constitute a separate offense.
C.
				Penalties may be assessed only by a ruling of the commissioner based upon a
				recommendation by the Weights and Measures Commission adjudicatory hearing held
				pursuant to
				R.S.
				3:4605 and the Administrative Procedures
				Act.
D. In addition to civil
				penalties, the commissioner may institute civil proceedings seeking injunctive
				relief to restrain and prevent violation of the provisions of this Chapter and
				the Act in any court of proper jurisdiction and venue.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4741.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVI - Agricultural Ethanol Production › Chapter 1 - Agricultural Ethanol Productions › Section XXXVI-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The authority of
				the Louisiana Agricultural Ethanol Production Law,
				R.S.
				3:701 et seq., and in accordance with
				provisions
				R.S.
				49:950 et seq., the Louisiana Agricultural
				Industry Board adopts the following regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3704.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVI - Agricultural Ethanol Production › Chapter 1 - Agricultural Ethanol Productions › Section XXXVI-105 - Administration of the Agricultural Industry Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. Officers: Titles and Functions
1. The officers of the board shall be a
				chairman and a vice-chairman. The chairman shall be the commissioner of
				agriculture. The vice-chairman shall be elected for a one year term.
2. In the absence of the chairman at any
				meeting of the board, the vice-chairman shall preside.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVI - Agricultural Ethanol Production › Chapter 1 - Agricultural Ethanol Productions › Section XXXVI-107 - Certified Market Participants: Procedures and Criteria for Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A. Criteria for
				Approving Certified Market Participants. In approving certified market
				participants, the board shall apply the following criteria in considering the
				application, to wit:
1. the facility to
				produce ethanol must be located in the state of Louisiana;
2. the facility must be owned or leased and
				must be constructed and converted and operated for the purpose of producing
				ethanol as its primary product from agricultural commodities or
				products;
3. the entire production,
				fermentation and distillation process must occur in the state of Louisiana and
				must be in accordance with the terms and conditions set forth in the written
				agreement between the board and the certified market participant and entered
				into in accordance with the law;
4.
				the ethanol must be produced and sold for use in gasohol;
5. the applicant's financial ability to
				perform as a certified market participant which shall include, but not be
				limited to the following criteria, to wit:
a.
				the applicant's ability to meet its financial obligations in producer and
				agency contracts it proposes to enter into with producers, grain dealers,
				warehousemen and other intermediaries;
b. the applicant's ability to amortize all
				capital cost of the ethanol facility within eight years of the date of
				application; and
c. the applicant's
				ability to sell ethanol for use in making gasohol to be sold in
				Louisiana;
6. the
				estimated number of temporary and permanent jobs created by applicant's
				construction and operation of an ethanol facility;
7. the estimated quantity and type of
				agricultural commodities and products to be used by applicant in producing
				ethanol;
8. the estimated or actual
				capital invested or proposed to be invested by the applicant in the
				construction and establishment of the permanent ethanol facility;
9. the maximum number of gallons of ethanol
				to be produced annually for use in gasohol by the applicant;
10. the character and professional
				competence, especially the managerial expertise and experience in the ethanol
				industry, of the applicant, principal stockholders, owners and
				managers;
11. the anticipated
				economic impact on Louisiana resulting from the purchase of supplies and
				materials, employment and other activities related to the construction and
				operation of the proposed ethanol facility.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVI - Agricultural Ethanol Production › Chapter 1 - Agricultural Ethanol Productions › Section XXXVI-111 - Incentive Payments to Certified Market Participants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Incentive Payments Application Procedure
1. A request for incentive payments shall be
				submitted in writing on the forms approved by the board.
2. The request for incentive payment form
				shall be a public record in accordance with
				R.S.
				3:3707(E) and shall contain
				the following information:
a. name, address
				and phone number of certified market participant;
b. signature of authorized agent;
c. date submitted;
d. month for which payment is
				requested;
e. number of gallons of
				ethanol sold for which incentive payment is requested; and
f. certification by authorized agent that the
				information reported on the form is true, correct and complete.
3. The following information shall
				be submitted simultaneously with request for incentive payment and such
				information shall be exempt from
				R.S.
				44:1 et seq., and be considered confidential
				information:
a. ethanol buyer's name, address
				and quantity;
b. total number of
				gallons of ethanol and gasohol sold in Louisiana;
c. copies of shipping and receiving
				documents; and
d. certification by
				authorized agent that the information reported is true, correct and complete;
				and
e. an affidavit in authentic
				form provided by the commissioner and executed by the blender attesting to the
				following:
i. the blender has purchaser from
				__________, the certified market participant, _____ gallons of ethanol on the
				____ day of _______, 20____, for use in gasohol to be sold in
				Louisiana;
ii. the blender shall on
				or before the twentieth day of each month file with the Louisiana Department of
				Revenue and Taxation report(s) or document(s) or pay monies as may be
				appropriate relative to taxes imposed on gasohol; and
iii. the blender shall attach to his
				affidavit and mail to the commissioner certified true copies of report(s) or
				document(s) field or monies paid by the blender with the Department of Revenue
				and Taxation;
iv. the blender shall
				attach as a schedule to his affidavit and mail to the commissioner a copy of a
				first-in, first-out perpetual inventory report showing each certified market
				participant's beginning inventory balance, shipments of ethanol received from
				said certified market participant during the month, sales of ethanol for said
				certified market participant that month and ending certified market
				participant's ethanol inventory. A copy of this schedule will also be sent to
				the certified market participant.
4. The incentive payments shall be made only
				to certified market participants who have contracts approved by the
				board.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVI - Agricultural Ethanol Production › Chapter 1 - Agricultural Ethanol Productions › Section XXXVI-113 - Records Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				certified market participant shall maintain the following records on a current
				basis in the company's principal office in this state at all times:
1. current financial statements;
2. bank statements and
				reconciliations;
3. broker's
				statements;
4. copies of all
				outstanding contracts with producers, grain dealers and warehousemen or
				warehouse operators including, but not limited to, agency contracts, producer
				contracts and certified market participant contracts;
5. copies of all outstanding loans, notes and
				mortgages affecting the business;
6. records of all purchases of agriculture
				commodities or products;
7. daily
				production records;
8. record of
				all ethanol sales;
9. scale
				tickets, receiving and shipping documents; and
10. settlement sheets.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVI - Agricultural Ethanol Production › Chapter 1 - Agricultural Ethanol Productions › Section XXXVI-115 - Audits and Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Access
				for Audits. Each certified market participant shall permit the commissioner to
				enter all locations listed on the application for designation as a certified
				market participant and inspect, examine and/or audit all contents, facilities,
				equipment records, books and accounts relating thereto at any time during
				normal working hours, with or without notice.
B. Frequency and Time of Audits. Audits shall
				be done at least once a year and may be done at any time that the commissioner
				deems it appropriate.
C.
				Cooperation in Audits. The certified market participant shall provide the
				necessary assistance and records required for any inspection, examination
				and/or audit made in accordance with the Act.
D. Records and Documentation. Each audit
				shall establish adequate documentation of all transactions concerning the
				purchase of agricultural commodities or products by certified market
				participants, the fermentation, distillation and production of ethanol in
				Louisiana, the sale of gasohol in Louisiana and the verification that taxes
				arising from ethanol and gasohol sales have been paid to the Department of
				Revenue and Taxation. Consistent with achieving the above mentioned objectives,
				the commissioner shall require that the certified market participant maintain
				for compliance and verification all records necessary to establish adequate
				documentation consistent with industry practice, generally accepted accounting
				principles and generally accepted audit standards. The above data will be
				maintained at the principal office of the certified market participant for
				verification and compliance purposes and such shall be exempt from public
				disclosure under
				R.S.
				44:1 et seq., and
				R.S.
				3:3708(A.) unless an adjudicatory hearing is
				held.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3704.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVI - Agricultural Ethanol Production › Chapter 1 - Agricultural Ethanol Productions › Section XXXVI-117 - Adjudicatory Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hearing
				Officer. The chairman may designate a hearing officer, who may or may not be a
				member of the board, to preside at all adjudicatory proceedings of the board.
				The chairman may, if he so desires, serve as hearing officer at any
				adjudicatory proceeding.
B. Hearing
				Body. The board may 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.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3704.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVI - Agricultural Ethanol Production › Chapter 1 - Agricultural Ethanol Productions › Section XXXVI-119 - Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				hold adjudicatory hearings to determine if there are violations of the Act, the
				rules and regulations, a certified market participant contract, or any agency
				or producer contract.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3704.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVI - Agricultural Ethanol Production › Chapter 1 - Agricultural Ethanol Productions › Section XXXVI-121 - Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				impose a civil penalty of up to $50,000 for each violation of the provisions of
				the Act or rules.
B. The board may
				revoke the designation of a certified market participant and terminate the
				cooperative agreement if there is a violation of the Act or rules.
C. Civil penalties shall be assessed only be
				a ruling of the board after an adjudicatory hearing in accordance with the
				Louisiana Administrative Procedure Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3704.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVI - Agricultural Ethanol Production › Chapter 1 - Agricultural Ethanol Productions › Section XXXVI-123 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any
				provisions of these rules are declared invalid for any reason, that provision
				shall not affect the validity of the entire rules or any other provision
				thereof.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3704.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVII - Security Devices › Chapter 1 - Central Registry › Section XXXVII-103 - Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Central
				Registry will be administered by the commissioner and operated by the Office of
				Management and Finance of the department. All filings, notices, petitions,
				documents or other correspondence shall be addressed to the Department of
				Agriculture and Forestry, Office of Management and Finance, Central Registry,
				Box 3481, Baton Rouge, LA 70821-3481.
AUTHORITY NOTE:
				  Promulgated in accordance with R.5. 3:3652,
				  R.S.
				  3:3654 and Public Law 99-198 (Food Security
				  Act of 1985).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVII - Security Devices › Chapter 1 - Central Registry › Section XXXVII-105 - Filing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				person holding a security interest in a farm product may file security devices
				which are accompanied by a related EFS with the Central Registry. All security
				devices must be originals or a certified copy.
B. All effective financing statements must be
				submitted on Form CR-1 as prescribed by the commissioner.
C. All amendments, assignments, extensions
				and cancellations of an EFS must be submitted on Form CR-2 as prescribed by the
				commissioner.
D. All effective
				financing statements or amendments, assignments, extensions and cancellations
				of effective financing statements must be accompanied by the required fee
				unless approval for billing has been granted by the commissioner and completed
				in accordance with the instructions on the form.
E. The Central Registry will notify the
				secured party in writing at the address provided by the secured party of the
				time and date of filing of any EFS or an amendment, extension or cancellation
				of an EFS. In the case of assignments to an EFS, the Central Registry will
				notify the assignee at the address provided on the assignment form
				(CR-2).
F. Any EFS or amendment,
				assignment, extension or cancellation of a EFS that does not conform to all
				provisions of this Section will be rejected and returned to the secured
				party.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3652,
				  R.S.
				  3:3654 and Public Law 99-198 (Food Security
				  Act of 1985).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVII - Security Devices › Chapter 1 - Central Registry › Section XXXVII-107 - Procedures for Amendment, Assignment, Extension and Cancellation of an EFS

Current through Register Vol. 50, No. 6, June 20, 2024
A. All amendments
				to security devices which are accompanied by a related EFS shall be filed in
				writing (Form CR-2) within three months of amendment.
B. All assignments of security devices which
				are accompanied by a related EFS shall become effective at time and date of
				filing with the Central Registry.
C. All extensions to security devices which
				are accompanied by a related EFS must be filed with the Central Registry within
				six months before the expiration of the initial five-year period.
D. Each person who files security devices
				which are accompanied by a related EFS with the Central Registry shall request
				cancellation of the EFS within 10 calendar days after the date the person who
				has granted or who is affected by the security device requests in writing,
				cancellation of the security device, provided the security device is then no
				longer in effect.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3655,
				  R.S.
				  3:3656 and Public Law 99-198 (Food Security
				  Act of 1985).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVII - Security Devices › Chapter 1 - Central Registry › Section XXXVII-109 - Registrations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person may
				register with the Central Registry to receive the master list or a portion
				thereof. Applications for registration shall consist of two types, namely
				initial registrations and renewal registrations. An initial registration
				application may be filed at any time of the year. A renewal registration
				application shall be filed by December 15 of each year. Failure to make
				application for renewal by December 15 shall result in termination of service
				by the Central Registry and loss of registrant status.
B. An initial application for registration
				may be filed at any time during the year. Within 30 days of notification of
				acceptance by the Central Registry, the registrant will receive the most recent
				master list and cumulative addendum or portion thereof for which registrant has
				registered.
C. Initial registration
				application forms (CR-3 as prescribed by the commissioner) will be provided by
				the Central Registry upon request. The form must be completed in its entirety
				and submitted with the required fee.
D. The Central Registry will notify each
				registrant that a renewal application is due and provide the renewal
				application to the registrant by October 10 of each year.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3655,
				  R.S.
				  3:3656 and Public Law 99-198 (Food Security
				  Act of 1985).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVII - Security Devices › Chapter 1 - Central Registry › Section XXXVII-111 - Farm Products Encumbrance List (Master List)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Central Registry shall compile all
				filings into a master list. The master list or portions thereof will be
				distributed to each registrant based on farm products and parishes as indicated
				on each registration application (Form CR-3).
B. The master list will be compiled on the
				first regular business day of each quarter beginning January 1, 1987 and
				distributed within five regular business days. Each master list shall contain
				all filings prior to close of business on the last regular business day of the
				previous quarter. Cumulative addenda shall be compiled on the first and
				fifteenth day of each month and distributed within three regular business days.
				The Central Registry will not distribute cumulative addenda on the first of
				each month in which there is a distribution of a master list.
C. The department shall allow interested
				parties to obtain direct access to the computerized information in the Central
				Registry. Request for direct access will be considered on a case by case basis.
				Method of access, terms, costs and conditions will be stipulated by contract
				between the department and the interested party. The cost of direct access to
				the interested party will be limited to the actual cost to the Central
				Registry.
D. All registrants shall
				be deemed to have received any master list or cumulative addendum distributed
				by the Central Registry on the seventh day following the date of mailing to the
				intended recipient or the date of actual delivery, whichever occurs first. The
				Central Registry shall maintain accurate records so that such dates can be
				readily determined.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3655 and Public Law 99-198 (Food Security
				  Act of 1985).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVII - Security Devices › Chapter 1 - Central Registry › Section XXXVII-115 - Encumbrance Certificates

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				person may request an encumbrance certificate from the Central Registry. The
				request may be oral or written. Each request shall be subject to the following
				provisions.
1. The request shall contain the
				name and address of the person making the request.
2. The request shall contain the complete
				name, address and parish of residence of the person who is the subject of the
				request.
3. The request may contain
				the nickname, initials, or other appellation by which the person who is the
				subject of the request is sometimes or commonly known.
4. The request shall contain the Social
				Security number or federal tax identification number of the person who is the
				subject of the request.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVII - Security Devices › Chapter 1 - Central Registry › Section XXXVII-117 - Farm Products List and Codes

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with
				R.S.
				3:3655 (B) and Section 1324 of the Food
				Security Act of 1985, Public Law 99-198 as amended, and regulations issued
				thereunder as applicable, only those products listed below shall be deemed farm
				products by the Central Registry.
Code
Product
Code
Product
1005
Broccoli
1010
Cabbage
1200
Peanuts
1020
Cantaloupes
1210
Peas
1030
Cauliflower
1220
Pecans
1040
Corn
1230
Peppers
1050
Cotton
1240
Rice
1060
Cucumbers
1250
Rye Grass Seed
1070
Cushaw
1260
Sorghum Grain
1075
Eggplant
1080
Flowers, Shrubs and Ornamentals
1090
Garlic
1270
Soybeans
1100
Grapes
1280
Squash
1110
Grass
1290
Strawberries
1120
Greens
1300
Sugarcane
1310
Sunflower Seed
1130
Hay
1320
Sweet Potatoes (Yams)
1145
Irish Potatoes
1330
Sweet Sorghum
1150
Mushrooms
1160
Oats
1340
Tomatoes
1170
Onions
1350
Watermelons
1180
Oranges
1190
Peaches
1360
Wheat
3010
Alligators
3020
Catfish
3030
Cattle
3040
Chickens
3045
Crabs
3050
Crawfish
3060
Goats
3070
Hogs
2010
Cheese
3080
Honeybees
2020
Eggs
3090
Horses
2030
Honey
3100
Mink
2040
Milk
3110
Oysters
3120
Quail
3130
Prawns
3140
Sheep (Lamb)
3150
Shrimp
3160
Turkeys
4000
Timber
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3654,
				  R.S.
				  3:3660 and Public Law 99-198 (Food Security
				  Act of 1985).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXVII - Security Devices › Chapter 1 - Central Registry › Section XXXVII-119 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				with R.S.
				3:3657, the commissioner is authorized to
				establish fees for the operation of the Central Registry. The fees are as
				follows.
1. Filing Fee (for effective
				financing statements, amendments, assignments and extensions of effective
				financing statements and security devices accompanied by a related EFS)- $8.
Note : This includes $5 filing fee and $3 prepaid
				  cancellation fees.
2.
				Encumbrance Certificates-$5 per encumbrance certificate.
3. Certified Copies of Security Devices-$2
				plus $.25 per page of the security device.
4. Registration (initial and renewal)-all
				registrations are for one calendar year.
Farm Products
1-3
4-7
Over 7
1-10 parishes
$ 40
$ 80
$125
11-30 parishes
$ 80
$175
$250
31-45 parishes
$125
$250
$325
46-64 parishes
$175
$325
$500
5.
				NSF Fee-$10 per check returned due to insufficient funds.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 1 - Timber Stumpage › Section XXXIX-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				Forestry Commission and the Louisiana Tax Commission adopt these regulations
				under the authority of
				R.S.
				3:4274 and
				R.S.
				47:1837 for the purpose of implementing the
				provisions of
				R.S.
				47:633, which requires the Louisiana Forestry
				Commission determine the current average stumpage market value of trees and
				timber and of pulpwood; which valuation becomes effective, by law, on the first
				day of January of the following year and continuing until the next succeeding
				January.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4274 and
				  R.S.
				  47:1837.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 1 - Timber Stumpage › Section XXXIX-103 - Calculation of Current Average Stumpage Market Value

Current through Register Vol. 50, No. 6, June 20, 2024
A. The current average stumpage market value
				of timber and pulpwood, unless otherwise provided by law, shall be based
				exclusively on sales of timber and pulpwood in the first two quarters of the
				year in which the commissions are to meet and in the last two quarters of the
				preceding year as reported to the Louisiana Department of Revenue and Taxation
				and as published in the
Quarterly Report of Forest Products
by
				the Louisiana Department of Agriculture and Forestry.
B. The current average stumpage market value
				of both timber and pulpwood shall be calculated by use of generally accepted
				statistical methods that take into account both quantity and price paid for the
				various forest products.
C. Upon
				receipt and verification of the sales of timber and pulpwood for the second
				quarter of the year in which the commissions are to meet the Louisiana
				Department of Agriculture and Forestry, Office of Forestry shall prepare a
				recommendation to the commissions as to the current average stumpage market
				value of each category and subgroup of timber and pulpwood based on the date
				and method of calculation authorized by Subsections A and B of this
				Section.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4274 and
				  R.S.
				  47:1837.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 1 - Timber Stumpage › Section XXXIX-105 - Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of
				Forestry shall annually publish in the November issue of the
Louisiana
				Register
a notice of the date, time and place of the meeting of the
				Louisiana Forestry Commission required by law to be held in December together
				with the recommendations of the Office of Forestry and the data used to
				determine such recommendations.
B.
				The Office of Forestry upon completion of its recommendations, shall send a
				copy of its recommendations and the data used as the basis for the
				recommendations to all interested parties who have requested a copy of the
				recommendation.
C. Notice of the
				commissions determination of the current average stumpage market value of
				trees, timber and pulpwood shall be immediately sent to all interested parties
				who have requested notice or who are required by law to receive notice and
				shall be published in the Potpourri section of the next available edition of
				the
Louisiana Register
.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4274 and
				  R.S.
				  47:1837.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 1 - Timber Stumpage › Section XXXIX-107 - Annual Determination of Current Average Stumpage Market Value

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the annual
				meeting held by the commission to determine the current average stumpage market
				value of timber and pulpwood the commission may determine the stumpage market
				value based on the sales of timber as reported to the Louisiana Department of
				Revenue and as published in the
Quarterly Report of Forest
				Products
by the Louisiana Department of Agriculture and Forestry, and
				may also give consideration given to current published market prices. All
				comments and input submitted by interested parties at this meeting shall be
				considered by the commission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4274,
				  R.S.
				  47:1837 and
				  R.S.47:633 et
				  seq.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 1 - Timber Stumpage › Section XXXIX-109 - Product Categories

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following categories and subgroups are to be used in determining the timber
				stumpage values based on current average stumpage market values to be used for
				severance tax computation:
1. Pine Trees and
				Timber;
2. Hardwood Trees and
				Timber;
3. Pine Chip and
				Saw;
4. Pine Pulpwood;
5. Hardwood Pulpwood.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 3 - Tree Seedlings › Section XXXIX-301 - Seedling Prices (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4303.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-501 - General Authority and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following rules and regulations,
				procedures and fees replace, supersede and cancel all rules and regulations,
				procedures and fees adopted by the Department of Agriculture and Forestry prior
				to the effective date of these rules.
B. These rules and regulations are designed
				to provide the proper atmosphere for the enjoyment and protection of facilities
				and the safety of visitors.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-503 - Park Property and Environment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				provisions of the
Louisiana Criminal Code
(R.S.
				14:1 et seq.) shall be enforced at the Indian
				Creek Recreation Area.
B. No person
				shall intentionally remove, damage, disturb, or destroy any Indian Creek
				Recreation Area property or the property of another person, without the consent
				of the owner. "Property" shall include but is not limited to structures,
				watercraft, movables, signs, markers, natural features, cultural features,
				wildlife, and plants.
C. No person
				shall cut, destroy, or damage timber on any site, except as necessary to meet
				established management criteria, including insect control, public safety, and
				approved park construction. No timber cutting or removal may occur without the
				prior written permission of the commissioner of Agriculture and Forestry or his
				designee.
D. No building,
				structure, or other feature of any site may be altered, erected, or constructed
				without written consent of the commissioner of Agriculture and Forestry or his
				designee
.
E.
				Smoking is prohibited in all enclosed structures.
F. No person shall excavate, remove, damage,
				or otherwise alter or deface any cultural or archaeological resource located on
				any site.
G. No person shall plant
				material or otherwise introduce plant material on any site without the written
				approval of the commissioner of Agriculture and Forestry or his
				designee.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-505 - Vehicle Use

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions
				of the Louisiana Highway Regulatory Act (R.S.
				32:1 et seq.) and any rules and regulations
				promulgated thereunder shall be enforced at the Indian Creek Recreational Area
				property.
B. Automobiles, trucks,
				motorcycles, bicycles, recreation vehicles, golf carts or any other wheeled
				vehicles must be operated only on those roads, lanes, or byways designated for
				vehicular traffic unless otherwise authorized by the site manager.
C. Vehicles, including recreational vehicles,
				motorcycles, golf carts and boat trailers, shall be parked only in designated
				parking areas unless otherwise authorized by the site manager.
D. No motor vehicle shall be operated without
				being properly licensed by the appropriate regulatory agencies. However,
				persons with mobility disabilities may use single-passenger, wheeled devices
				powered by electric motors wherever pedestrians are allowed.
E. No person shall clean, service and/or
				repair any vehicle on Indian Creek Recreational Area property except in
				emergency situations.
F. Vehicles
				will be considered abandoned if left unattended for more than three consecutive
				days unless the proper permit or advanced written approval is granted by the
				site manager.
G. No person shall
				move or remove any barrier to gain access to a restricted area.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-507 - Watercraft

Current through Register Vol. 50, No. 6, June 20, 2024
A. Federal, state,
				and local laws, rules and ordinances related to the use of watercraft shall be
				enforced. All watercraft located on or adjacent to any site must be operated in
				a careful and reasonable manner, and such operation is subject to the rules of
				safety imposed by the laws of Louisiana.
B. Every owner and operator of a motor boat,
				vessel or other watercraft shall comply with all flotation device requirements
				prescribed by state and federal law.
C. Boats shall be launched only from
				designated boat ramps or launching areas within a site.
D. A person renting a boat must return the
				boat to the original docking location after use, and secure the boat from
				unauthorized use. All paddles and life jackets shall be returned to the front
				office before closure.
E. No boat
				may be operated in a designated swimming area or in any other area designated
				as a non-boating area by signs or any area otherwise restricted from boat
				operation or docking.
F. Boats left
				docked and unattended must be properly secured in designated areas only. The
				Department of Agriculture and Forestry will not be responsible for any loss,
				theft or damage to boats, equipment, personal property or supplies left
				unattended.
G. Boats will be
				considered abandoned if left unattended for more than three consecutive days
				unless the proper permit or advanced written approval is granted by the site
				manager.
H. Water bodies or
				portions thereof adjacent to boat ramps, docks, swimming areas, boathouses,
				cabins, picnic pavilions, or other facilities shall be designated "no wake
				areas." Signs and/or buoys will mark the areas so designated. Violations of "no
				wake areas" shall be subject to citations.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-509 - Livestock, Animals and Pets

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				pet brought on Indian Creek Reservation Area property must be current in
				vaccinations, shall have proof of rabies vaccination, and must be leashed,
				caged or crated. Leashes shall not exceed 6 feet in length. With the exception
				of service dogs, pets are not permitted within buildings or other enclosed
				structures on site, nor are they allowed near designated swimming areas and in
				overnight facilities. Owners of pets shall be fully responsible for any injury
				and/or damage caused by their pet.
B. No person shall allow livestock to run or
				graze on any site, except as part of special programs or events approved in
				advance by the site manager.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-511 - Litter, Sanitation and Health

Current through Register Vol. 50, No. 6, June 20, 2024
A. All litter disposed of on site, shall be
				placed into a proper litter receptacle in such a manner that the litter is
				prevented from being carried away or deposited by the elements upon Indian
				Creek Recreation Area property or water bodies.
Disposal
means
				to throw, discard, place, deposit, discharge, dump, drop, eject, or allow the
				escape of a substance.
B. No person
				shall drain or dump refuse waste including grey water from any trailer or other
				vehicle except in places or receptacles provided for such uses.
C. No person shall clean fish or other food,
				or wash clothing or articles of household use except in designated areas. No
				person shall clean or field dress any harvested animal or animals on Indian
				Creek Recreation Area property.
D.
				No person shall discharge or allow to be discharged into any waters of the
				state any waste or substance of any kind that will tend to cause pollution of
				water used for human consumption or swimming.
E. All deposits of bodily wastes into or on
				any portion of a comfort station or other public structure must be made in
				receptacles provided for that purpose. No person shall deposit any bottles,
				cans, cloth, rags, metal, wood, stone, or any other non-approved substance into
				any of the fixtures in such stations or structures.
F. No person shall use refuse containers or
				other refuse facilities for dumping household or commercial garbage or trash
				brought to a site.
G. No person
				shall bury or burn garbage, litter or dead animals on Indian Creek Recreation
				Area property.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-513 - Fires

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fires shall be
				built only in places specifically designated for that purpose by the site
				manager.
B. Burn bans declared by a
				local governing authority shall be observed at the parks within the
				jurisdiction of the local governing authority.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-515 - Fishing, Hunting, Trapping, and the Use of Firearms or Fireworks

Current through Register Vol. 50, No. 6, June 20, 2024
A. All wildlife in
				Indian Creek Recreational Area sites, including reptiles and amphibians, is
				under strict protection and must not be hunted, molested, disturbed, destroyed,
				fed or removed, except for scientific or management purposes when approved by
				the commissioner of Agriculture and Forestry or his designee.
B. Bringing or keeping any hunting dogs on
				Indian Creek Recreation Area property for the purpose of hunting inside or
				adjacent to Indian Creek Recreation Area is prohibited.
C. A person who lawfully possesses a firearm
				may possess or transport such firearm within the boundaries of Indian Creek
				Recreation Area.
D. No person shall
				possess, shoot, discharge or explode or cause to be shot, discharged, or
				exploded any fireworks or other explosives on Indian Creek Recreation Area
				property without prior written consent of the site manager.
E. A person fishing on Indian Creek
				Recreation Area property must adhere to all state and federal laws and criteria
				regarding fresh water fishing. The taking of fish by nets, traps or any means
				other than hook or line is prohibited.
F. Weapon-like toys (paintball maker,
				airsoft, etc.) that use compressed air or gases from any cartridge, canister or
				bottle and/or battery power to fire a projectile are prohibited from use at
				Indian Creek Recreation Area sites properties without prior written approval of
				the site manager.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-517 - Swimming

Current through Register Vol. 50, No. 6, June 20, 2024
A. Swimming is
				permitted only in designated areas, and at the swimmer's own risk. No
				lifeguards will be on duty.
B. All
				children under 12 years of age must be accompanied by an adult at any swimming
				area.
C. The capacity of the beach
				areas is determined, regulated and enforced by the site manager.
D. Glass containers of any kind are
				prohibited within any perimeter boundaries of enclosed beach and swimming
				areas, water playgrounds and beach parks.
E. Swimming is prohibited between sunset and
				sunrise.
F. Proper swimming attire,
				as determined by the site manager or his designee, is required for those
				entering the water at all swimming areas and water playgrounds.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-519 - Amplified Sound Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person
				shall play amplified musical instruments except when approved by the site
				manager.
B. No person shall play
				non-amplified musical instruments, radios, televisions, tape players and
				similar equipment in a manner that disturbs other visitors.
C. No person shall use any public address
				system, whether fixed, portable, or vehicle-mounted, without prior approval of
				the site manager.
D. Remote public
				broadcast activities must be approved by the site manager.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-521 - Disorderly Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. Disorderly
				or boisterous conduct is forbidden.
B. The site manager and his designees are
				authorized to control the use and consumption of alcoholic beverages at a site.
				This includes the authority to prohibit the consumption of alcohol in
				designated areas within a site. The lawful consumption of alcoholic beverages
				may be allowed to the extent that such activity does not adversely affect the
				use and enjoyment of the site by other site users.
C. No person shall publicly display on his
				vehicle, campsite, clothing, person or otherwise:
1. any word or words, image, graphic or
				depiction that is obscene (as defined by
				R.S.
				14:106);
2. denigrates any ethnic, racial, religious
				or minority group; or
3. promotes
				violence or illegal activity.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-523 - Business Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				person may sell or offer for sale any merchandise or service without the
				written consent of the site manager.
B. No person may distribute, post, place, or
				erect any advertising device without the written consent of the site
				manager.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-525 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Persons
				violating these rules and regulations are subject to administrative sanctions
				to include fines for each violation, eviction from the site (temporary or
				permanent), and/or restitution to the department for damages incurred. If a
				person is delinquent in paying for damage incurred, the department reserves the
				right to refuse privileges to that person pending receipt of such
				restitution.
B. No person shall
				enter a site:
1. when the site is closed;
				or
2. without proper
				registration.