Louisiana Administrative Code

A. A person believed to be in violation of the Industrial Hemp Law (R.S. 3:1461 et seq.) or this Chapter may be issued a written or verbal stop order by LDAF. Stop orders shall be effective immediately upon notification to the alleged violator. B. If an alleged violator refuses t…

A. The staff shall mail, by certified mail, a notice of delinquency within four business days after the due date for any report or statement, of which the staff knows or has reason to know is due by the filer that is due under any law within the board’s jurisdiction which has not…

A. The staff of the board shall automatically assess and order the payment of late filing fees for any failure to timely file any report or statement due under any law within the board’s jurisdiction in accordance with the law on the assessment of late fees. B. The assessment and…

A. Definitions. For purposes of §1205, the following definitions shall apply. Amount of Activity—the total amount of receipts or expenditures, whichever is greater. Person Regularly Responsible—the person designated by the person required to file a report, in accordance with any …

A. Any person assessed with automatic late filing fees may request a waiver of the late fee, in writing, to the board within 20 days after the receipt of the assessment requiring the payment of late filing fees, setting forth the facts which tend to prove that the late filer had …

A. Any person ordered to pay late filing fees pursuant to §1203 may appeal the order to the Ethics Adjudicatory Board. B. Notice of the person’s intent to appeal should be submitted in writing to the executive secretary of the board within 20 days of the receipt of the order. C. …

A. When the board suspends a late fee based on one or more conditions and the late filer does not comply with the condition, the failure to comply with the condition is called the “triggering event”. B. When a triggering event occurs, the portion of the late that was suspended sh…

A. This section is adopted in accordance with R.S. 11:152, R.S. 11:152.1, R.S. 11:153, R.S. 29:411, et seq., and the Uniformed Services Employment and Reemployment Rights Act (USERRA, 38 U.S. C. 4301 et seq.). B. Purchase of service credit for military service shall be in accorda…

A. To qualify as an other rural, non-state hospital, the hospital shall meet the following criteria: 1. is a non-state owned hospital; 2. has no more than 60 licensed beds as of October 1, 2024, excluding distinct part psychiatric unit beds, distinct part rehabilitation unit beds…

A. The inpatient hospital per diem rates paid to other rural, non-state hospitals shall be as follows. 1. Acute Care Services. The per diem rate for acute care services shall be 85 percent of the small rural hospital acute per diem rate in effect. 2. Psychiatric Services. The per…

Sewage Sludge Biosolids—the solid or semi-solid residue generated during the treatment of domestic sewage in a treatment works within the meaning of the definition of “sewage sludge” set forth in 40 CFR 503.9. Small Business—for the purpose of this Chapter, a farm is a small busi…

A. Covered produce farms shall take appropriate measures to minimize the risk of serious adverse health consequences or death from the use of, or exposure to, covered produce, including those measures reasonably necessary to prevent the introduction of known or reasonably foresee…

A. The definitions set forth in R.S. 3:921 are applicable to this Chapter, except where specifically defined herein. B. The following words and terms are defined for the purposes of this Chapter. Adequate—that which is needed to accomplish the intended purpose consistent with goo…

A. All of the following requirements apply regarding qualifications and training for personnel that come into contact with covered produce or food contact surfaces. 1. All personnel, including temporary, part time, seasonal, and contracted personnel, who handle covered produce or…

A. Covered produce farms shall take measures to prevent contamination of covered produce and food contact surfaces with microorganisms of public health significance from any person with a communicable health condition. Communicable illnesses are those that present a public health…

A. All agricultural water shall be safe and of adequate sanitary quality for its intended use in compliance with 21 CFR §112(e).

A. A biological soil amendment of animal origin is treated if it has been processed to completion to adequately reduce microorganisms of public health significance in accordance with the requirements of 21 CFR §112.54, or, in the case of an agricultural tea, the biological materi…

A. The requirements of this Section apply when a covered activity takes place in an outdoor area or a partially-enclosed building and when, under the circumstances, there is a reasonable probability that animals will contaminate covered produce. B. The requirements of this Sectio…

A. If a covered produce farm grows, harvests, packs, or holds produce that is not covered in this part (i.e., excluded produce in accordance with 21 CFR §112.2) and also conducts such activities on covered produce, and the excluded produce is not grown, harvested, packed or held …

A. Equipment and tools subject to the requirements of this Chapter are those that are intended or likely to contact covered produce, and those instruments or controls used to measure, regulate, or record conditions to control or prevent the growth of microorganisms of public heal…

Reserved.

A. Every covered produce farm, as defined within this Chapter, whose annual gross produce sales is $25,000 or more over a period of three consecutive years shall: 1. register with the department in accordance with this Chapter on an annual basis no later than July 1 of each year;…

A. Except as otherwise specified herein, all records required under this Chapter shall: 1. include, as applicable: a. the name and location of the covered produce farm; b. actual values and observations obtained during monitoring; c. an adequate description, such as the commodity…

A. Every covered produce farm, as defined within this Chapter shall timely file an annual report with the department, by no later than June 1 every year. B. The department will send annual report forms to covered produce farms by U.S. Mail or email, to be completed and returned t…

A. The department or its authorized representative(s) shall have the right to enter any covered produce farm to inspect that facility and any records pertaining to the growing, harvesting, packing, or holding of covered produce. B. The department or its authorized representative(…

A. When the department has reason to believe that a violation of R.S. 3:921 et seq., or this Chapter has occurred, the department may conduct an investigation to gather information regarding any possible violation. B. The department may initiate an investigation either in respons…

A. Each violation of these rules and regulations, any stop order or other orders issued by the Commissioner in the enforcement of these rules and regulations and every day of a continuing violation shall be considered a separate and distinct violation subject to charges and penal…

A. If, after an investigation has been conducted, the department has reason to believe that a covered produce farm has violated any provision of R.S. 3:921-928 or this Chapter, the department may conduct an adjudicatory hearing in accordance with the Administrative Procedure Act …

A. This Chapter applies to reviews by the department of reports of environmental conditions at specified tracts of immovable property when such reports from site investigations are not required or requested by the administrative authority. B. Nothing herein shall be construed to …

A. These requirements apply to persons engaged in release response action activities including, but not limited to, assessment, remedial planning, design, engineering, construction, and the operation of recovery systems or ancillary services that are carried out in response to an…

A. Twelve months after promulgation of these regulations, April 20, 2002, no person shall conduct a response action at a UST site unless the person has met the standards for the qualification of a RAC, as defined herein, and appears on the approved current RAC listing. These RACs…

A. In order to be listed by the department as an approved RAC for work that is eligible for tank trust fund reimbursement, persons shall submit, on a department-prescribed application form, documentation demonstrating and verifying that they meet the following minimum requirement…

A. Notification Requirements. Notification in writing shall be made to the department within 30 days by a RAC who no longer meets the qualification requirements of LAC 33:XI.1205.A. B. Annual Update Requirements. No later than March 1 of each year, each RAC shall submit the follo…

A. The administrative authority may suspend or revoke a RAC from the listing based on the following: 1. evidence of fraud or deceit with respect to any documentation submitted to the department; or 2. willful violation of the laws and regulations of Louisiana regarding site asses…

Depuration⎯a controlled process whereby shellfish harvested from restricted or approved waters are held live for purification in specially designed tanks for the primary purpose of reducing the number of pathogenic organisms that may be present to levels that are considered accep…

A. The controlled depuration of shellfish (oysters, clams, and mussels) is prohibited, unless the operator of the establishment has an unsuspended or unrevoked permit-to-operate issued by the Department of Health and Human Resources. Upon receipt of an application for a permit-to…

A. The tank(s) shall be designed to allow for the uniform flow of sea water with no turbulence where shellfish are located. The tank(s) shall be of sufficient size to allow at least 8 cubic feet of sea water per bushel of shellfish in the tank(s). If the tank(s) is (are) rectangu…

A. The general sanitation requirement of the plant, physical structure, equipment and utensils, and the sanitary requirements for operations, processes, and personnel shall follow the regulations issued under the Federal Food, Drug, and Cosmetic Act: "Human Food; Current Good Man…

A. Plumbing shall be installed in compliance with state and local plumbing ordinances. Lavatories shall have running hot and cold water through a common mixer valve and shall be so located that their use by plant personnel can be readily observed. Signs shall be so located that t…

A. Floors of rooms in which shellfish are handled or stored shall be constructed of concrete or other material impervious to water, shall be graded to drain quickly; shall be free from cracks and uneven surfaces that interfere with proper cleaning or drainage; and shall be mainta…

A. To insure constant conditions for the shellfish undergoing the treatment process, a minimum of 10 foot-candles of illumination shall be provided at the water surface level inside the depuration tanks. The water surfaces shall not be subjected to the variations of direct sunlig…

A. Working rooms shall be heated and ventilated.

A. The water supply for depuration and wet storage uses shall be from a source approved by the Department of Health and Hospitals. When sea water is used in depuration or wet storage process it must be obtained from a body of water currently approved for that purpose by the Depar…

A. The depuration plant shall be free from rodents, vermin, and domestic animals.

A. The plant shall be kept clean and free of litter and rubbish. Miscellaneous and unused equipment and articles which are not necessary to plant operations shall not be stored in rooms used for depuration or wet storage. Culled shellstock shall be removed promptly from the plant…

A. Any person known to be infected with any disease in a communicable form shall be excluded from handling shellfish in the plant pending appropriate treatment and return to health.

A. All shellfish and water sample shall be analyzed in a laboratory certified by the Department of Health and Hospitals. The laboratory shall be evaluated for compliance with the minimum requirements of the National Shellfish Sanitation Program, and American Public Health Associa…

A. Source of Shellfish. Shellfish shall be accepted for treatment at a shellfish depuration plant only from areas approved for this purpose by the Department of Health and Hospitals. A detailed description of all areas from which shellfish may be taken for depuration or wet stora…

A. Start Up Phase. Prior to certification of a depuration plant, the following minimum sampling schedule shall be followed in order to verify the effectiveness of the treatment process: 1. One or more shellfish samples (12 or more shellfish per sample) shall be collected for bact…

A. All controlled processes require quality assurance testing to determine if standards are being met and if controls are effective. The treatment or wet storage of shellfish is a controlled process designed to reduce and/or maintain bacterial contamination to an acceptable level…