Chapter Chapter 1. General Provisions

A. When an officer or employee of the department collects an official sample of a food, drug or cosmetic for analysis under the Act, he shall collect at least twice the quantity sufficient for analysis, unless: 1. the amount of the article available and reasonably accessible for …

A. In the event a well does not have the capacity to produce its total allowable then it shall produce such amount of oil and gas less than its allowable that it is able to produce, and the deficiency of such well shall not be made up by the overproduction of any other well.

A. The issuer shall only purchase agricultural loans made by lenders or enter into repurchase obligations with certain national banks who will in turn make agricultural loans to borrowers. B. Acquisition of Eligible Loans 1. Moneys in the loan fund shall be used only for the acqu…

A. The following financial institutions shall qualify as credit providers and shall meet the following conditions. 1. A savings and loan association insured by FSLIC may act as credit provider and shall deliver a letter of credit and in the event such savings and loan association…

A. The analysis tag shall carry the information required by the Louisiana Seed Law, R.S. 3:1431 et seq. using the example below as a labeling guideline. Kind and Variety Origin________Net Wt. ______Lot No. ________ Pure Seed _______Percent Germination_________Percent ________ Ine…

A. Any individual may appear for himself, and/or may be represented by counsel or other duly authorized agent, in any proceeding before the administrative law judge or board. Any partnership may be represented by any of its members or a duly authorized representative. Any corpora…

A. The producing, transporting, storing and/or refining of oil shall be reported in accordance with Order No. 25, or as it may be amended, or superseded. The length of time reports and other pertinent data, as defined by Section 16 of Act 157 of the Regular Legislative Session of…

A. In addition to the quantity of sample prescribed above, the officer or employee shall, if practicable, collect as part of the sample such further amount of the article as may be necessary for use as an exhibit in the trial of any case that may arise under the Act based on the …

A. Contracts for professional, personal, and consultant services are allowable with prior written approval of the recipient and in accordance with procedures established by the recipient. Approval must be obtained annually. B. The costs of management studies to improve the effect…

A.1. Upon completion of analyses by the laboratory whereby it is established that any article subject to the provisions of the Act is adulterated, misbranded, or otherwise subject to the prohibitions of the Act, a sufficient amount of the sample (if any remains) shall be reserved…

A. The administrative law judge or the board may refuse to allow any person to represent others in any proceeding before them whom they find guilty of contumacy or unethical conduct, or who intentionally and repeatedly fails to observe the pertinent provisions of the Louisiana Em…

A. Each person selling, distributing, or offering or handling for sale agricultural or vegetable seed shall keep for a period of three years complete records of each container or lot of seed sold, distributed, or offered or handled for sale by that person. Complete records shall,…

A. Initiation of Eligible Loan Purchase. A lender may submit to the issuer, the trustee and the co-trustee a proposal to sell agricultural loans in substantially the form attached as Exhibit B hereto. Such form shall include a description of the rates, fees and terms of the loans…

A. Except as otherwise provided in §135, every well drilled in the state of Louisiana shall be drilled in such a manner that at any measured depth the actual or apparent location of the wellbore shall be within a circle whose center is the surface location and whose radius is equ…

A. The manner of sampling and handling seed in the field and analyzing and testing seed in the laboratory, greenhouse and trial plots shall be the same as that recommended in the latest rules for testing seed adopted by the Association of Official Seed Analysts.

A. The Program Guidelines, Exhibit B of the indenture, may not be amended by the issuer, trustee, or co-trustee at any time.

A. When an official sample of a food, drug or cosmetic is the basis of a notice given under Section 637 of the Act, or of a case under the Act, and the person who is a party to the case, has a right under §135 to a part of the sample, such person or his attorney or agent may obta…

A. Copies of these rules shall be made available at all area offices of the Office of Regulatory Services and may be inspected by any interested party. Copies of these rules may be requested from the board by parties having need thereof.

Exhibit A TRUST INDENTURE Editor's Note: This exhibit may be obtained in its entirety from the Department of Agriculture and Forestry, Agricultural Finance Authority, 5825 Florida Boulevard, Baton Rouge, LA 70806. Exhibit B FORM OF PROPOSAL TO SELL AGRICULTURAL LOANS LOUISIANA AG…

A. For any and all programs and regulations that Louisiana Agricultural Finance Authority (LAFA) has implemented or will implement, LAFA hereby deems the term "national bank" to include banks of foreign nations which are national in scope of operations in their domicile nation.

A. If any operator can show to the commissioner that the drilling and producing methods herein prescribed or the particular method by him prescribed for securing tests of wells, or any other part of this Order, as applies to his well or wells, result in waste or as to such operat…

A. Except as otherwise provided in this Section, the tolerances published in the latest rules and regulations for testing seed by the Association of Official Seed Analysts shall be applicable in the administration of the Louisiana Seed Law. B. Germination Tolerances. The followin…

A. The head of the Food and Drug Division of the department is authorized to destroy or recommend for destruction: 1. any official sample when it has been determined that no analysis of the sample will be made: 2. any official sample, or part thereof, when it has been determined …

A. Germination standards for vegetable seed shall be the same as those published under USDA Agricultural Marketing Service Federal Seed Act Regulations Part 201. Minimum germination, which shall also include hard seed, of vegetable or garden seed shall be as follows. Seed Kind Pe…

A. Any food, drug or cosmetic which is adulterated or misbranded within the provisions of the Act, and which has been manufactured for sale or is held in possession with intent to sell, offer or expose for sale, or is sold, transported or delivered for sale within this state, sha…

A. This order shall be cumulative of, and in addition to, all special orders, rules and regulations affecting the drilling and production of oil and gas, as heretofore promulgated. In case of any conflict between this order and the special orders on specific fields, said special …

A. Wherever regulations adopted or to be adopted by Louisiana Agricultural Finance Authority (LAFA) establish a maximum dollar amount of a transaction or loan that LAFA may purchase or sell or contract to purchase or sell but do not expressly place a restriction on the number of …

A. Petitions for redesignation of a service delivery area must be filed with the governor no later than six months before the beginning of the ensuing program year.

A. The original documents must be maintained unless prior approval from the recipient has been granted to substitute microfilm or similar methods in lieu thereof.

A. In accordance with the laws of the state of Louisiana, and especially Act 157 of the Legislature of 1940, any infraction of these rules and regulations may result in shutting in and sealing of any drilling or producing well or wells, tank storage or lease or leases, involved i…

A. All goods placed under seizure shall be tabbed, marked or otherwise identified. The removal of such tags, marks or other identification by anyone other than an authorized officer or agent of the department is prohibited; and any such removal shall be considered prima facie evi…

A. This order shall be effective from and after the first day of August, 1943.

A. The approved two-year job training plan may be changed in two ways: by modification and by amendment. B. A plan modification is a revision of the approved job training plan which requires PIC-CEO approval and is subject to the requirement of Section 104 and 105 of the Act. Sum…

A. Each service delivery area grant recipient and its subrecipients shall inform each participant of his rights and benefits at the time of enrollment into any activity under the Act and shall require each participant to sign a statement that he has been advised of his rights and…

A. Payments to On-the-Job Training employers, training institutions and other vendors are allowable and should be made in accordance with applicable sections of the JTPA federal regulations and any procedures established by the recipient.

A. Each service delivery area grant recipient and its subrecipients shall adopt a procedure for resolving any grievance including those alleging a violation of the Act, federal or state regulations, or other agreements under the Act. These procedures shall be in compliance with 2…

A. Service delivery area grant recipients and its subrecipients shall comply with the applicable requirements of 29 CFR 31, 32 and 34.

A. Participant supportive services, needs-based payments, cash incentive payments and bonuses to youth enrolled in Title II-C, and financial assistance are allowable and should be made in accordance with applicable sections of the JTPA Federal Regulations and procedures establish…

A. In order to expedite program operations the governor may, at his option, grant partial or conditional approval to a service delivery area job training plan. Such approval will spell out the parameters within which the job training plan may operate and the revision necessary fo…

A. Funds for the administration of programs under the Act within the service delivery area may be pooled pursuant to §627.440(f) of the regulations.

A. Each service delivery area grant recipient will be responsible for maintaining a client tracking and management information system that will interface required data with the Louisiana Department of Labor statewide automated system established for JTPA purposes.

A. To ensure integrity of programs under the Act, special efforts are necessary to prevent fraud and other program abuses. Fraud includes deceitful practices and intentional misconduct, such as willful misrepresentation in accounting for use of program funds. "Abuse" is a general…

A. The governor or his designee reserves the right to issue directives, instructions, or other issuances to the Service Delivery Area (SDA) grant recipients, administrative entities and other subrecipients in order to carry out his responsibility as required by the Act.

A. All existing nonexpendable Comprehensive Employment and Training Act (CETA) property with an acquisition cost of less than $1,000 per unit may be used by the possessing recipient, SDA grant recipient, administrative entity, or state agency holding title, to satisfy the matchin…

A. Except as otherwise provided, training provided with funds made available under this Act shall be only for occupations for which there is a demand in the area served, or in other areas to which the participant is willing to relocate. B. All contracts that are being funded by J…

A. Where a labor organization represents a substantial number of employees who are engaged in similar work or training in the same area as that proposed to be funded under this Act, an opportunity shall be provided for such organization to submit comments with respect to such pro…

A. Not less than 120 days before the beginning of the first of the two program years covered by the JTPA Plan: 1. the proposed plan or summary thereof shall be published; and 2. such plan shall be made available for review and comment to: a. each house of the legislature; b. loca…

2. The limitation year may only be changed by amendment to DARS. Furthermore, if DARS is terminated effective as of a date other than the last day of DARS’s limitation year, then DARS is treated as if DARS had been amended to change its limitation year.

2. The limitation year may only be changed by amendment to the fund. a. Furthermore, if the fund is terminated effective as of a date other than the last day of the fund's limitation year, then the fund is treated as if the fund had been amended to change its limitation year.