Louisiana Administrative Code

A. Rubbish and any offal shall be so conveyed, stored, and disposed of as to minimize the development of odor, prevent waste from becoming an attractant and harborage or breeding place for vermin, and prevent contamination of food, food contact surfaces, ground surfaces, and wate…

A. All buildings, fixtures, and other physical facilities of the plant shall be kept in good repair and shall be maintained in a sanitary condition. B. [formerly a part of paragraph 6:071] Cleaning operations shall be conducted in such a manner as to minimize the danger of contam…

A. No animals or birds, other than those essential as raw material, shall be allowed in any area of a food plant. Measures shall be taken to exclude pests from the processing areas and to protect against the contamination of foods in or on the premises by animals, birds, and verm…

A. All utensils and food contact surfaces of equipment shall be cleaned as frequently as necessary to prevent contamination of food and food products. Non-food contact surfaces of equipment used in the operation of food plants shall be cleaned as frequently as necessary to minimi…

A. Storage and handling of cleaned portable equipment and utensils with product contact surfaces should be stored in such a location and manner that product contact surfaces are protected from splash, dust, and other contamination.

A. All plant equipment and utensils shall be: 1. suitable for their intended use; 2. so designed and of such material and workmanship as to be easily cleanable; and 3. properly maintained. B. The design, construction, and use of such equipment and utensils shall preclude the adul…

A. Polychlorinated biphenyls (PCB's) represent a class of toxic industrial chemicals manufactured and sold under a variety of trade names, including: Aroclor (United States); Phenoclor (France); Colohen (Germany); and Kanaclor (Japan). PCB's are highly stable, heat resistant, and…

A. The management of food plants shall meet the following requirements: 1. [formerly paragraph 6:077-1] have the heat exchange fluid used in existing equipment or machinery for handling of processing food sampled and tested to determine whether it contains PCB's, or verify the ab…

A. The toxicity and other characteristics of fluids selected as PCB replacements shall be adequately determined so that the least potentially hazardous replacement is used. In making this determination with respect to a given fluid, consideration should be given to: (a) its toxic…

A. Wherever in these rules and regulations the masculine is used, it includes the feminine and vice versa; wherever the singular is used, it includes the plural and vice versa. Act―R.S. 3:4101 et seq., the Dairy Stabilization Law. Administrative Cost―includes those direct additio…

A. The chairman shall preside at all meetings, provided that in the absence of the chairman, the vice-chairman shall preside. B. The board shall meet upon the call of the chairman or the commissioner. C. The board may conduct at least one meeting during each quarter or may meet m…

A. Each retailer, distributor, processor or any person must be licensed by the board or the commissioner prior to and while conducting any business of buying and/or selling dairy products. B. The board or the commissioner shall maintain a list of each retailer of dairy products. …

A. Pursuant to R.S. 3:4101, an assessment of $0.03 per hundredweight is hereby levied upon the first sale of dairy products within the state of Louisiana by the processor, distributor or retailer licensee who sells such product. The assessment shall be due and payable on all sale…

A. Any licensed retailer desiring to receive a volume discount from its suppliers must first be approved by the board or commissioner to receive a volume discount. To be approved by the board or commissioner, the retailer must complete a volume discount eligibility application, o…

A. Any licensed processor may adopt a milk case deposit program provided that those licensees who adopt a milk case deposit program shall: 1. give written notice providing clear, express and written detail of the program to all persons or entities to whom the program applies; 2. …

A. Upon the belief that the Act or these rules and regulations may have been or will be violated, the board or commissioner may take the deposition of any person, firm or corporation for the purpose of investigating alleged violations or potential violations of the Act or these r…

A. No person shall violate any provision of the Act or these rules and regulations. B. No person shall engage in any disruptive trade practices.

A. Disruptive trade practices are any act or acts by any person in commerce where the effect of such act or acts may tend to substantially lessen competition or tend to create a monopoly in the sale of dairy products; or which tend to injure, reduce, prevent, or destroy competiti…

A. The omission by a licensee of any of the following requirements constitutes a violation of these rules and regulations and failure to comply with same can result in suspension or revocation of license, in addition to any other penalty provided by law or these rules and regulat…

A. The following acts are specifically declared as not constituting disruptive trade practices and are not prohibited: 1. the giving of advertising novelties unless the nature or value of the advertising novelty is such that the giving of such advertising novelty constitutes an i…

A. Sales below Cost 1. Upon proof being made at any adjudicatory hearing that a licensee has advertised, offered to sell, or sold dairy products at less than cost as defined herein plus applicable taxes, the licensee shall be presumed in violation of the regulations proscribing s…

A. Upon probable cause the board or commissioner may issue a cease and desist order to any licensee, describing with particularity the acts or omissions which the board or commissioner believes to constitute a violation of the Act or these rules or regulations and ordering such l…

A. Neither the board, the commissioner, nor any agent nor representative of either shall disclose any financial or business information of any licensee which is acquired or collected in the enforcement of the Act or these rules and regulations, except as provided by R.S. 3:4110.

A. The commissioner may, from time to time, in accordance with the authority granted to him under R.S. 36:901(B), delegate to the board any of the authority and/or duties reserved to the commissioner.

A. For purposes of this rule the following definitions shall apply. Advertisement―includes statements and representations contained on any label, tag, or sign attached to, printed on, or accompanying merchandise offered for sale or printed in a catalog or any other sales literatu…

A. It is a deceptive act or practice for a seller to make a price comparison or claim a savings as to any merchandise offered for sale unless the seller clearly and conspicuously discloses the basis for or source of the price comparison or savings claim. However, a seller may mak…

A. It is a deceptive act or practice for a seller to compare the seller's current price with the seller's former price for any merchandise unless: 1. the former price is a price at which a substantial number of sales were made by the seller during the three months immediately pre…

A. It is a deceptive act or practice for a seller to make an introductory offer or to compare its current price for merchandise with the price at which the merchandise will be offered in the future, unless: 1. the future price takes effect within a reasonable time after the intro…

A. It is a deceptive act or practice for a seller to state or imply that any merchandise is being offered for sale at a range of prices, or at a range of percentage or fractional discounts, unless the highest price or the lowest discount in the range is clearly and conspicuously …

A. It is a deceptive act or practice for a seller to make a price comparison or to claim a savings, expressed or implied, from a list price or term of similar meaning, unless: 1. the list price does not exceed the highest price at which substantial sales of the merchandise have b…

A. It is a deceptive act or practice for a seller to compare the seller's price with a price currently being offered by another seller for merchandise unless the merchandise is comparable merchandise and the comparative price is at or below the price at which the comparable merch…

A. It is a deceptive act or practice to use the word free, or words of similar meaning, or to represent bargain offers, including "Buy One―Get One Free", merchandise to be given to a customer who purchases other merchandise, if the seller recovers, in whole or in part, the cost o…

A. It is a deceptive act or practice for a seller to use terms such as "sale", "sale prices", "now only $ ____", or other words and phrases that imply a price savings unless the price of the merchandise is reduced by a reasonable amount from the former price of the merchandise. I…

A. It is a deceptive act or practice for a seller to use the term wholesale or words of similar meaning in connection with any merchandise offered for sale at retail. B. Wholesale means "to sell in quantity for resale." Thus, "wholesale prices" are the prices at which goods are s…

A. Within 21 days after receipt of a written request from the attorney general, persons making price comparisons shall submit a report in writing setting forth substantiating information upon which the price comparison was based. The attorney general, for cause shown, may grant a…

A. Whoever fails to comply with any Section of this rule violates Louisiana Revised Statute 51:1405(A), which prohibits inter alia, unfair and deceptive acts and practices in trade and commerce.

A. All rules and regulations or parts thereof in conflict herewith are hereby repealed.

A. For the purposes of R.S. 11:2221, the following definitions shall apply. True Annuity—a retirement benefit that is payable in equal, unreduced monthly payments during the member’s lifetime, with no further payments to any other person after the member’s death. This may sometim…

A. Requested withdrawals from Deferred Retirement Option Program accounts that would leave a balance in that account of $1,000 or less shall be processed as a request for disbursement of the entire balance. All such withdrawal requests shall result in the closing of the account. …

A. When a publicly owned, non-profit utility is not able to bear its share of the cost for adjusting its facilities to accommodate a highway project, it may apply for funding under R.S. 48:381(C), hereinafter referred to as Utility Relocation Assistance Funding (URAF). 1. General…

A. A copy of the utility owner's most recently completed audit report must be provided to DOTD. If no audit has been performed, the utility owner should initiate one. The certification process may not begin until this report is submitted. B. A copy of the utility owner's unaudite…

A. This Section will apply to any and all qualifying utility relocations resulting from projects that receive federal or other required authorization after the effective date of this Section. The rules and regulations set forth in §301 and §303 of this Chapter will continue to ap…

A. Each public body shall include an email address, for receiving requests for a disability based accommodation, within the notice and agenda for the meeting. B. Each public body shall email the notice and agenda including the public link and email address for requests for ADA re…

A. Written public comments may be submitted electronically either prior to the meeting or during any meeting via electronic means. B. Oral public comments may be made by members of the public during the meeting.

A. The public body shall post a link on its website where documents related to the meeting may be accessed by members of the public.

A. All members of the body shall be provided all reasonable accommodations necessary for him or her to participate in the meeting in accordance with R.S. 42:11 et seq., or current law. 1. The ADA accommodation(s) granted to a member of a public body shall be valid for the duratio…

A. The public body shall count all members of the public body attending the meeting via teleconference or videoconference for purposes of achieving a quorum, if the member(s) in attendance is/are in compliance with R.S. 42:11 et seq., or current law. B. If any member of the publi…

A. If a member of a public body is participating via videoconference in accordance with R.S. 42:11 et seq., or current law, he or she shall be visible to cast a vote. B. If a member of a public body cannot be visible at the time a vote is taken and is participating via videoconfe…

A. Each public body may develop and implement policies and procedures that are consistent with these regulations for members of a public body participating via teleconference or videoconference in accordance with R.S. 42:11 et seq., or current law.

A. Swimming pools and all appurtenances thereto shall be constructed of materials which are non-toxic to man and the environment; which are impervious and enduring; which can withstand the design stresses; and which will provide a watertight structure with a smooth and easily cle…