Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part V - Advertising, Marketing and Processing › Chapter 11 - Market Commission-Fruits and Vegetables › Subchapter A - Fruits and Vegetables › Section V-1115 - Citrus Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  addition to regulations stipulated in §1103, the following regulations and
				  definitions are prescribed governing the marketing and/or sale of citrus in
				  Louisiana.
1. Definitions
Broker
-a person who assumes neither
					 ownership nor possession of citrus, nor washes, packs, sizes, or grades citrus,
					 but is engaged in the business of acting as an agent, for a fee or commission,
					 in the sale or transfer of citrus between producers or packers as sellers and
					 other packers, wholesalers, or retailers as buyers.
Citrus
-shall include the following:
					 lemons, satsumas, mandarins, navels, grapefruit, tangerines, and all Valencia
					 varieties of citrus.
Citrus Container
-any container used to
					 sell field-run citrus. Boxes shall have volume or weight labeled on the side
					 and the name and address of the producer/packer.
Commission
-the Louisiana Department of
					 Agriculture and Forestry, Market Commission.
Department
-the Louisiana Department of
					 Agriculture and Forestry.
Field-Run Citrus
-unwashed and unsized
					 citrus sold by the producer to a packer for further processing.
Louisiana Citrus Producer
-any person
					 engaged in growing citrus in Louisiana for wholesale or retail sale.
Packer
-any person who washes, sizes, and
					 packs citrus for wholesale/retail sales.
Producer
-any person engaged in growing
					 citrus for the purpose of wholesale or retail sale.
Retailer
-any person who sells citrus to a
					 consumer.
Small Louisiana Citrus Producer
-any person
					 who grows and markets his own citrus, for retail sales only, either at his
					 fruit stand, store, or farm.
Standard Citrus Receptacle or Flexible Covering or
					 Binding
-any container used for the purpose of packing fruit for
					 wholesale or retail trade.
Washed Citrus
-citrus that is free from
					 dirt, adhering foreign material, or residue that materially detracts from the
					 appearance, the edible or the marketing quality of the fruit.
Wholesaler
-any person engaged in the
					 business of buying citrus from producers, packers, brokers, wholesalers, or
					 other persons on his own account, and selling or transferring citrus to other
					 wholesalers, packers, retailers, or other persons and consumers. A wholesaler
					 includes a person engaged in producing citrus from his own farm and disposing
					 of any portion of his production in any manner other than retail sales at his
					 fruit stand, store or on his farm.
2. Citrus sold in Louisiana shall be required
				  to meet the minimum maturity test of soluble solids in relation to percentage
				  of anhydrous citric acid. Citrus fruit shall include the following: lemons,
				  satsumas, mandarins, navels, grapefruit, tangerines, and all Valencia varieties
				  of citrus.
a. Satsumas, mandarins, navels,
				  tangerines, tangelos, Valencia and other round oranges must meet a maturity
				  test of 10 percent soluble solids to 1 percent anhydrous citric acid.
b. Grapefruit must meet a maturity test of 6
				  percent soluble solids to 1 percent anhydrous citric acid.
c. Citrus fruit not meeting maturity tests
				  standards will be put off sale, and the product will be seized by the Louisiana
				  Department of Agriculture and Forestry in accordance with provisions in
				  §1115. A 10 to prevent
				  the citrus from again entering the wholesale or retail markets. The packer, or
				  the producer or the wholesaler, or any combination of the three may be charged
				  the costs that are involved in seizing and destroying the product.
3. Citrus for wholesale will be
				  marketed only in new standard citrus containers which are sound, clean, and
				  free of weather stains and discolorations. All containers must have the
				  following on the outside of the container:
a.
				  name of fruit, unless the fruit is in a see-through sack or a container that is
				  not covered, such as a 1/2 bushel basket;
b. volume, net weight or count;
c. name of producer and/or packer;
d. if the fruit is being packed for someone
				  other than the packer, then the label can read "Packed For:" and give the
				  person's name and address.
4. All citrus sold in Louisiana shall be
				  washed and sold by weight, volume, or count for wholesale marketing purposes
				  with the following exceptions:
a. if fruit
				  offered for wholesale is not sized, all fruit within a container shall be of
				  uniform size;
b. producers who sell
				  only their own citrus retail are exempt from washing and sizing fruit; however,
				  the citrus must be clean and sold by either weight, volume, or count;
c. producers who sell their citrus to a
				  packer for processing and packing. Producers must invoice all such sales as
				  field-run citrus. The packer buying field-run citrus is responsible for
				  washing, sizing, and labeling of the citrus.
5. Products labeled as Louisiana citrus
				  (Louisiana oranges, tangerines, etc.) shall have proof of origin. If the origin
				  of the product cannot be proven, then all signs referring to the product as
				  Louisiana citrus must be removed.
6. All producers, producer-packers, packers,
				  and wholesalers shall furnish an invoice stating the type of citrus, volume or
				  weight sold, and origin. All retail outlets must have a copy of the invoice
				  showing the origin of the citrus before the citrus can be advertised or sold as
				  "louisiana citrus ." If the seller cannot prove the citrus was grown in
				  Louisiana, then all advertising stating such must be removed.
7. All citrus leaving the state must comply
				  with all of the above regulations. No citrus shall be allowed to leave the
				  state that has not been cleaned, properly labeled and packed in standard citrus
				  containers.
8. Employees or agents
				  of the Louisiana Department of Agriculture and Forestry are authorized to enter
				  any store, vehicle, roadside stand, market, or any other business or place
				  where citrus is packed, processed or sold to determine if the citrus is in
				  compliance with these rules and regulations. In addition, any agent or employee
				  of the Louisiana Department of Agriculture and Forestry may take necessary
				  quantities of citrus fruits to conduct maturity tests. A receipt for such fruit
				  will be issued upon request.
9.
				  Penalties. Any person, corporation or other organization violating the
				  provisions of this Chapter may be levied of civil penalty of not less than $25
				  or more than $500. In addition, any person, corporation or other organization
				  violating the provisions of this Chapter or part of Chapter 5 of
				  R.S.
				  3:401-414 shall be fined not less than $25 nor
				  more than $500 or imprisoned for not less than 10 days nor more than six
				  months, or both.
10. If any
				  authorized inspector, in the discharge of his duties, has reason to believe
				  that any lot of citrus being sold is not in compliance with these rules and
				  regulations, he shall issue a stop-sale for such lot. If there is a question as
				  to whether or not the lot meets maturity requirements, then the inspector will
				  take a sample of the fruit to run a maturity test. A stop-sale may be issued
				  for up to 24 hours while the maturity tests are being performed. If the citrus
				  does not meet minimum maturity requirements, the lot will have a permanent
				  stop-sale issued and may be removed by the department to a proper cold storage
				  until such time as the wholesaler or the packer can be contacted and inform the
				  department of how he will dispose of the citrus.
a. Citrus that has a stop-sale issued for
				  reasons other than failing to meet maturity requirements may be reworked and
				  offered for reinspection. The inspector who issued the stop-sale shall serve
				  the person in possession of the lot with notice of noncompliance. Such notice
				  shall be served in person before the inspector leaves the premises. The person
				  in possession shall notify the owner of the lot, or every other person that has
				  an interest in it, of the serving of such notice of noncompliance. The notice
				  of noncompliance shall include all of the following:
i. description of the lot;
ii. location of the lot;
iii. reasons for which the lot is
				  held.
b. The owner of
				  the lot shall have 48 hours from the time of serving of such notice of
				  noncompliance for reconditioning or for the correction of the deficiencies
				  which are noted in the notice of noncompliance. If such lot is reconditioned or
				  the deficiencies are corrected, the inspector shall remove the stop-sale tags
				  and release the lot for marketing or may, with the consent of the owner of
				  such, divert the lot to other lawful uses or destroy it.
c. If the owner of the lot fails or refuses
				  to give such consent, or if the lot has been reconditioned or the deficiencies
				  otherwise corrected so as to bring it into compliance within 48 hours, the
				  inspector shall proceed as provided in Chapter 5 of
				  R.S.
				  3:3552.