26,490 sections across 2,319 Louisiana regulatory chapters.
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-335 Suspension of Permit Based on Laboratory Analyses - Adulteration or Contamination with Pathogenic Microorganisms of Human Significance
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A. Should any raw milk supply or dairy product including frozen desserts, anomalous milk and milk products and filled dairy products be found to be adulterated (water, drug residues, pesticide/herbicides, etc.), the state health officer shall immediately suspend the permit and pl…
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-337 Suspension of Permit for Reasons Other than Laboratory Analyses
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A. The state health officer shall immediately suspend the permit to operate when: 1. the state health officer finds a condition(s) existing on a dairy farm, in a dairy product manufacturing plant (including frozen desserts manufacturing plant and filled dairy products manufacturi…
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-339 Seizure and Condemnation of Milk, Dairy Products, Ingredients of Milk and Ingredients of Dairy Products
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A. Any milk, milk product or other dairy product, ingredient or component of such products that the state health officer determines to be adulterated, misbranded or not registered or which has been manufactured, processed or packaged in an establishment, which did not, at the tim…
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-341 Application for Regrading, Reinstatement of Permit and Permission to Resume Sale of Product
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A. Any producer or processor, the grade of whose milk supply or dairy products has been lowered or whose permit has been suspended by the state health officer, and who is properly labeling his dairy products, or who has removed the product from the market and has corrected the co…
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-343 Regrading or Reinstatement of Permit when Degrade or Suspension was Based on Laboratory Analyses
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A. Upon receipt of a satisfactory application from the operator, when the lowered grade or suspension of permit is the result of violative standard plate counts, violative coliform counts, violative temperatures, violative somatic cell counts, or violative sediment scores the sta…
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-345 Regrading and Reinstatement of Permit when Degrade or Suspension was Based on Physical Violations
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A. Whenever a suspension of a permit or the lowering of grade of a product or supply was the result of a violation of an item of these regulations other than laboratory results, the application referenced in §341 of this Part must be accompanied by a statement signed by the appli…
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-347 Reinstatement of Permit when Suspension was Based upon Adulteration of Product or Contamination of Pasteurized Product or Cheeses with Pathogenic Microorganisms of Human Significance
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A. Upon receipt of a satisfactory application and a statement, signed by the applicant, certifying that the cause of the adulteration has been corrected and all product that was involved has been recalled, from an operator whose permit was suspended based upon adulteration of pro…
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-349 Grade A Raw Milk for Pasteurization
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A. Grade A raw milk for pasteurization is raw milk produced on dairy farms which are in substantial compliance with all of the requirements of this Part for dairy farms and is in conformity with the following bacteriological, chemical and temperature standards: 1. temperature: co…
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-351 Grade A Raw Milk for Pasteurization (Certified for Interstate Milk Shipment)
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A. Grade A raw milk for pasteurization (certified for interstate milk shipment) is raw milk, produced on dairy farms in Louisiana, that meet all requirements of this Part, as well as all the requirements of the National Conference on Interstate Milk Shipments (NCIMS) for Grade A …
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-353 Manufacturing Grade Raw Milk for Pasteurization/Milk for Manufacturing Purpose/Grade B Raw Milk for Pasteurization
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A. Manufacturing grade raw milk for pasteurization/mik for manufacturing purpose/Grade B raw milk for pasteurization is raw milk that may not meet bacteriological, somatic cell, chemical, sediment or temperature requirements for Grade A or is produced on dairy farms which may vio…
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-355 Grade A Pasteurized, Ultra-pasteurized and Aseptically Processed Milk and Milk Products, Bulk Shipped Grade A Pasteurized or Ultra-pasteurized Milk and Milk Products and Pasteurized Filled Milk and Filled Milk Products
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A. Grade A pasteurized, ultra-pasteurized and aseptically processed milk and milk products are the products resulting from Grade A raw milk for pasteurization that has been pasteurized, ultra-pasteurized or aseptically processed and placed in the final container in a dairy plant …
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-357 Grade A Bulk Shipped, Heat-Treated Milk and Milk Products
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A. Grade A bulk shipped, heat-treated milk and milk products are the products resulting from Grade A raw milk for pasteurization that have been heat-treated in a dairy plant that is in substantial compliance with all of the requirements for Grade A dairy plants contained in this …
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-359 Grade A Aseptically Processed Milk and Milk Products/Ultra High Temperature (UHT)
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A. Grade A aseptically processed milk and milk products are the products resulting from Grade A raw milk for pasteurization that has been commercially sterilized, cooled, then placed into pre-sterilized containers, followed by aseptic hermetical sealing with a pre-sterilized clos…
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-361 Grade A Pasteurized, Ultra-pasteurized and Aseptically Processed Milk and Milk Products Certified for Interstate Shipment
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A. Grade A pasteurized, ultra-pasteurized and aseptically processed milk and milk products (certified for interstate milk shipment) are pasteurized milk and milk products, obtained from sources included in the NCIMS List of certified sources processed in Louisiana dairy plants, t…
Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts-363 Grade B Pasteurized Milk and Milk Products
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A. Grade B pasteurized milk or milk products are products resulting from Grade A raw milk for pasteurization and may not meet the requirements for Grade A pasteurized milk and milk products or have been pasteurized or ultra-pasteurized and placed in the final container in a dairy…
Chapter 3. Scope and Mandatory Provisions of the Program-110 §311. Submittal of Information by Persons Other than Permit Holder or Applicant
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§311. Submittal of Information by Persons Other than Permit Holder or Applicant A. Documentation must be provided to the Office of Environmental Services by the permit holder or applicant authorizing other persons to submit information on their behalf.
Chapter 3. Scope and Mandatory Provisions of the Program-301 Exempted Waste
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A. All solid wastes, as defined by the Act and these regulations, are subject to the provisions of these regulations, except as follows: 1. wastes regulated under other authority and not processed or disposed of in solid waste facilities permitted under these regulations, includi…
Chapter 3. Scope and Mandatory Provisions of the Program-303 Wastes Not Subject to the Permitting Requirements or Processing or Disposal Standards of These Regulations
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A. The following solid wastes, when processed or disposed of in facilities that are operated in an environmentally sound manner are not subject to the permitting requirements or processing or disposal standards of these regulations: 1. wastes resulting from land and right-of-way …
Chapter 3. Scope and Mandatory Provisions of the Program-305 Facilities Not Subject to the Permitting Requirements or Processing or Disposal Standards of These Regulations
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A. The following facilities that are operated in an environmentally sound manner are not subject to the permitting requirements or processing or disposal standards of these regulations: 1. incinerators that receive only on-site-generated commercial solid waste and that have a des…
Chapter 3. Scope and Mandatory Provisions of the Program-307 Exemptions
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A. Any person subject to these regulations who generates, collects, stores, transports, processes, or disposes of solid waste may petition the administrative authority for exemption from these regulations or any portion thereof. 1. The administrative authority may provide exempti…
Chapter 3. Scope and Mandatory Provisions of the Program-315 Mandatory Provisions
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A. Generating, Collecting, Transporting, Storing, Processing, and Disposing of Solid Waste. Solid waste shall be generated, collected, transported, stored, processed, and disposed of only in accordance with these regulations. B. Storage of Wastes. No solid waste shall be stored o…
Chapter 3. Services-301 Covered Services and Limitations
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A. Medicaid covered ABA-based therapy services must be: 1. medically necessary; 2. prior authorized by the Medicaid Program or its designee; and 3. delivered in accordance with the recipient’s treatment plan. B. Services must be provided directly or billed by behavior analysts li…
Chapter 3. Services-301 Medicare and Medicaid Coordination
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A. If a Medicare beneficiary or Medicaid participant chooses to enroll in a PACE program: 1. the participant, while enrolled in a PACE program, must receive Medicare and Medicaid benefits solely through the PACE organization; and 2. Medicare and Medicaid benefit limitations and c…
Chapter 3. Services-303 Services Provided
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A. The PACE benefit package for all participants, regardless of the source of payment, must include: 1. all Medicaid-covered services, as specified in the state’s approved Medicaid plan; 2. interdisciplinary assessment and treatment planning; 3. primary care, including physician …
Chapter 3. Services-303 Treatment Plan
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A. ABA-based therapy services shall be rendered in accordance with the individual’s treatment plan. The treatment plan shall: 1. be person-centered and based upon individualized goals; 2. be developed by a licensed behavior analyst; 3. delineate both the frequency of baseline beh…
Chapter 3. Services-305 Excluded Services
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A. Services excluded from coverage are: 1. any service that is not authorized by the interdisciplinary team, even if it is a required service, unless it is an emergency service; 2. private room and private duty nursing services in an inpatient facility (unless medically necessary…
Chapter 3. Services-307 Conditions of Service
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A. A PACE organization must establish and implement a written plan to furnish care that meets the needs of each participant in all care settings 24 hours a day, every day of the year. B. The PACE organization must furnish comprehensive medical, health, and social services that in…
Chapter 3. Services-309 Emergency Services
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A. A PACE organization must establish and maintain a written plan to handle emergency care. The written plan must ensure that CMS, the state, and PACE participants are held harmless if the PACE organization does not pay for emergency services. B. Emergency care is appropriate whe…
Chapter 3. Special Powers and Duties-301 Regulations
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A. In order to protect, conserve, and replenish the wildlife of the state of Louisiana, including all aquatic life, and pursuant to the authority conferred by Article IX, Section 7 of the Louisiana Constitution of 1974, R.S. 30:212 et seq., and R.S. 36:609; the following rules sh…
Chapter 3. Special Powers and Duties-305 Responsibilities and Powers of Enforcement Officers
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A. Responsibilities of the Chief of the Enforcement Division and Law Enforcement Officers 1. The chief of the Enforcement Division of the Department of Wildlife and Fisheries shall be responsible for the adherence to and implementation of these regulations and the rules of eviden…
Chapter 3. Special Powers and Duties-307 Reserve Enforcement Agents
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A. General 1. R.S. 56:69.9 provides for the commissioning of retired wildlife enforcement agents as reserve enforcement agents in order to supplement the Department of Wildlife and Fisheries law enforcement program. Reserve agents bring with them experience and skills not normall…
Chapter 3. Special Powers and Duties-309 Wildlife Violator Compact
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A. Definitions 1. As used in this compact, unless the context requires otherwise: Citation—any summons, complaint, summons and complaint, ticket, penalty assessment, or other official document issued to a person by a wildlife officer or other peace officer for a wildlife violatio…
Chapter 3. Special Powers and Duties-312 Hunter Education Program Certification Policy
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A. The Wildlife and Fisheries Commission shall be the sole authority for establishing minimum requirements for certification of student and volunteer instructors and for the overall administration of the Louisiana Hunter Education Program. The Louisiana Hunter Education Program s…
Chapter 3. Special Powers and Duties-313 Guidelines for Determining Fish and Wildlife Values
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A. The following are the guidelines utilized by the Department of Wildlife and Fisheries in determining fish and wildlife values. 1. With respect to fish and shellfish species, the American Fisheries Society publishes hatchery values reflecting estimated costs involved in rearing…
Chapter 3. Special Powers and Duties-315 Fish and Wildlife Values
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A. All fish and wildlife species found within, or taken from the state have value, regardless of whether a specific value is provided herein. If a specific value is not provided for in this Section, that species is not deemed to be without value and its value may be determined. B…
Chapter 3. Special Powers and Duties-316 Fish and Shellfish Product Form Conversions
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A. With respect to fish and shellfish species, the Department of Wildlife and Fisheries Trip Ticket Program uses conversion factors to convert the weight of different product forms of species to their whole form weight. Those conversion factors, as enumerated below, shall be used…
Chapter 3. Special Powers and Duties-317 Threatened and Endangered Species
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A. The secretary of the Department of Wildlife and Fisheries hereby determines that those species designated as endangered or threatened pursuant to the Federal Endangered Species Act (ESA) of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.), are designated as such by the …
Chapter 3. Special Powers and Duties-318 Natural Areas Dedication and Servitudes
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A. Background. In 1987, by an Act of the Louisiana State Legislature (Acts 1987, No. 324, §1, effective July 6, 1987), the Louisiana Department of Wildlife and Fisheries (LDWF) was named as the state agency responsible for administering the Louisiana Natural Areas Registry. A sub…
Chapter 3. Special Powers and Duties-319 Confidentiality of Commercial and For-Hire Industry Landing Data
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A. Confidentiality. All data collected or otherwise obtained by personnel or contractors of the Louisiana Department of Wildlife and Fisheries or members of the Wildlife and Fisheries Commission in the course of their duties and other landings data collected by personnel or contr…
Chapter 3. Special Powers and Duties-321 Records; Confidentiality
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A. All fishery dependent data (that is, only data collected from individuals or firms) collected or otherwise obtained by personnel or instrumentalities of the Louisiana Department of Wildlife and Fisheries or members of the Wildlife and Fisheries Commission in the course of thei…
Chapter 3. Special Powers and Duties-327 Recreational Electronic Licensing
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A. In accordance with Act 164 of the 1998 first Extraordinary Session of the Louisiana Legislature, the secretary of the Department of Wildlife and Fisheries hereby establishes rules for electronic licenses issuance within the Department of Wildlife and Fisheries, providing regul…
Chapter 3. Special Powers and Duties-328 Electronic Vessel and Motor Registration and Titling
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A. The secretary shall have authority to enter into contracts to acquire electronic methods to register and title vessels and outboard motors within the state purchasing regulations. B. Such functions may be included as a component of the recreational hunting and fishing license …
Chapter 3. Special Powers and Duties-331 Special Disability Fishing and Hunting Licenses
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A. In lieu of recreational basic fishing and recreational saltwater fishing licenses and in lieu of basic hunting, deer, turkey, and duck hunting licenses, and WMA access permit, the department may issue a Disabled/Special Needs Hunting and Fishing license to residents who qualif…
Chapter 3. Special Powers and Duties-333 Charitable Organizations, Youth Groups and Schools; Fee Waivers
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A. In lieu of recreational basic fishing and recreational saltwater fishing licenses the secretary may issue a letter of waiver of fees for fishing to members of bona fide charitable organizations, youth groups or schools. For the purpose of hunting, the secretary may issue a let…
Chapter 3. Special Powers and Duties-337 Special Permits: Publicly-Operated Residential Psychiatric Facilities
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A. In lieu of a license which authorizes a person to take and possess freshwater fish for recreational purposes, the department may issue a Special Residential Facility Fishing Permit for the benefit of persons who reside at publicly-operated residential psychiatric facilities. 1…
Chapter 3. Special Powers and Duties-339 Advertising or Sponsorship Signs on Department Assets
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A. Purpose 1. The purpose of this Rule is to establish procedures and guidelines within the department for allowing certain limited types of advertising and sponsorship signs on high-visibility assets owned or controlled by the department to raise revenue to defray costs of depar…
Chapter 3. Special Sanitary Requirements for Schools and Other Institutions-301 Toilet Rooms in Schools and Other Institutions[formerly paragraph 17:021]
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A. For primary schools, and other special types of institutions with classrooms, for children through 12 years of age, separate boys' and girls' toilet room doors shall not be further than 200 feet from any classroom doors. For secondary schools, and other special types of instit…
Chapter 3. Special Sanitary Requirements for Schools and Other Institutions-303 School Lunchrooms and Concession Stands[formerly paragraph 17:022]
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A. All school lunch rooms and school concession stands shall comply with the general sanitary requirements for public eating places as specified in Part XXIII of this Code. B. [Formerly paragraph 17:023] Single-service utensils, made of paper or approved plastic, shall be used in…
Chapter 3. Special Sanitary Requirements for Schools and Other Institutions-305 Space and Lighting Requirements for Classrooms[formerly paragraph 17:025]
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A. In all schools, and in other special types of institutions with classrooms, a minimum of 20 square feet of floor space shall be provided in every classroom for each student. B. [Formerly paragraph 17:026] In all schools, and in other special types of institutions with classroo…
Chapter 3. Special Sanitary Requirements for Schools and Other Institutions-307 Outdoor Play Areas
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A. For elementary schools and other schools with children under 12 years of age, all pieces of playground equipment with play surfaces four feet or higher from the ground shall have an appropriate energy absorptive surface such as wood chips at a depth of 8-10 inches or rubber ma…