Louisiana Administrative Code

EDITOR’S NOTE: The title of publication listed in §101.A below has been changed to Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices. A. All of Handbook H-44 issued by the National Institute of Standards and Technology entitled Specif…

A. Wherever in these regulations the masculine is used, it includes the feminine and vice versa; wherever the singular is used, it includes the plural and vice versa. The following words and phrases shall have the following definitions ascribed to them. Accurate—a device that whe…

A. Method of Sales, Quantity Statements 1. The offer to sell and/or the sale of all commodities shall be on the basis of net weight, net measure, or numerical count, in accordance with the following provisions; however, such provisions shall not apply to fresh vegetables which by…

A. Definitions Boiled Crawfish―any crawfish, still in the shell, which have been processed by boiling or steaming. Crawfish―freshwater crustaceans of the genera Cambarus or Astacus common to Louisiana. Live Crawfish―any crawfish which are live at the time of purchase. Peeled Craw…

A. Oysters Unshucked. The standards used for unshucked oysters are a barrel containing 3 bushels, a sack containing 1 1/2 bushels or a 1 1/2 bushel wire hamper containing 3225.63 cubic inches or a minisack containing 1/2 bushel or 1/2 bushel wire hamper containing 1075.21 cubic i…

A. The offer to sell and/or the sale of all poultry (except when for immediate consumption on the premises and except when sold by count as provided for in R.S. 3:4615) shall be only on the basis of either live weight or dressed and drawn weight. B. Live Weight―the net weight of …

A. The following scales shall not be used, sold or employed for commercial purposes in the weighing of any salable commodity: 1. an overload type of spring scale or balance, commonly known as household scales; 2. a scale identified as illegal for use in trade; 3. a scale whose ph…

A. The price of a commodity or item offered for retail sale which is recorded utilizing a visual code reading device shall be plainly displayed, either by a price marked in English on the package containing the individual commodity or item, or by a placard or card placed on the s…

A. Cotton Beam―a steelyard especially adopted for the weighing of bales of cotton. B. Normal Position―the normal balance position of the weighbeam of a beam scale shall be horizontal. A weighbeam shall not be accelerating of in neutral equilibrium under normal operating condition…

A. The Division of Weights and Measures shall test the accuracy of any and all bulk milk tanks when it deems it appropriate or necessary. All installations of milk tanks shall be installed within the specifications of the Division of Weights and Measures which are outlined below.…

A. A weighmaster license shall be required of each individual in charge of weighing commodities being bought from or sold to the public and each such individual weighing for the public when a charge is made for such weighing or when a certificate of weights is issued. Each corpor…

A. Fees for mass calibration with report of calibration stating corrections and uncertainties shall be as follows: Mass Echelon III Mass Echelon II 1. Weights up to and including 10 pounds or 5 kilograms $7 $25 2. Weights over 10 pounds or 5 kilograms and including 100 pounds or …

A. Each commercial weighing and measuring device in use in Louisiana, and every weighmaster, service agency, and service technician currently active in Louisiana, shall be registered as required by this Chapter. B. Whenever there shall exist a weight or measure or weighing or mea…

A. For the purposes of registration of weighing and measuring devices, the criteria shall be compliance with the applicable requirements of NIST Handbook 44 "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices." This publication is publ…

A. The commission, or his duly authorized representative, shall mark any device that is incorrect and warn its owner or user that the device is incorrect and should not be used until it is made correct. If a device that has been so marked as incorrect continues to be used commerc…

A. When necessary for the enforcement of the Louisiana Weights and Measures Law or any rule adopted pursuant thereto, the director or an employee at his direction may: 1. stop any commercial vehicle from which commodities are kept for sale, sold or in the process of delivery on t…

A. Mulch is any product or material that is sold or offered or exposed for sale for primary use as a horticultural, aboveground dressing, for decoration, moisture control, weed control, erosion control, temperature control, or other similar purposes. B. All mulch shall be sold or…

A. Any state agency, department, board or commission, desiring to cut down or remove any tree or trees 10" diameter-breast-height or larger must first submit a request for approval to the Louisiana Department of Agriculture and Forestry, Office of Forestry, Box 1628, Baton Rouge,…

A. The Louisiana Department of Agriculture and Forestry has 30 days in which to respond in writing to the written request. If no response is heard within 30 days, approval is automatically granted.

A. The Louisiana Department of Agriculture and Forestry can inspect the site and make written recommendations to include alternatives to removing the trees, species, location and numbers of replacement trees and recommendations concerning planting and after care of planted trees.…

A. An appeal process is available, if the state agency, department, board or commission for some reason cannot comply with the recommendations of the Louisiana Department of Agriculture and Forestry, then a representative can appeal to the state forester or commissioner of the De…

A. Required tree planting shall be completed during the next planting season after the removal of the trees. The Louisiana Department of Agriculture and Forestry can check tree planting survival up to three years after planting and require replacement of any losses.

A. On developed sites around buildings and along highway rights-of-way, a minimum tree size for planting is 1 inch caliper and 5 feet tall. The Louisiana Department of Agriculture and Forestry can require larger planting stock when deemed necessary for adequate survival. Seedling…

A. The Louisiana Department of Agriculture and Forestry may require the use of a landscape architect in certain projects where their services are deemed necessary to ensure adequate attention to sensitive design considerations.

A. Any agency or department owning or controlling commercial forest land and desirous to harvest timber from this land is required by Act 211, 1987 Regular Legislative Session, to contact the Office of Forestry for assistance in developing a forest management plan for the acreage…

A. Any agency planning to develop a site that contains existing trees must include the intent of Act 176 in the planning process of the project before any clearing of existing trees takes place. Assistance can be obtained from the Office of Forestry personnel to: locate, identify…

A. The following seeds may not be sold, offered for sale, or planted in Louisiana as seed for purposes of producing a new plant, except as otherwise provided by this Chapter. 1. Any portion of any variety of rice that tests positive, according to tolerances established by the dep…

A. Rice seed stocks, where the variety as a whole is found to test positive, according to tolerances established by LDAF, for LL traits may be sold, offered for sale or planted in Louisiana only for the purpose of seed stock increase, subject to the sampling and testing requireme…

A. Samples of all rice seed stocks shall be taken by the Louisiana Department of Agriculture and Forestry (LDAF) for testing. LDAF shall conduct the testing or cause the testing to be done in laboratories approved by LDAF. LDAF shall determine the method and manner of sampling an…

A. All rice seed stocks originating from out-of-state must meet the requirements for sampling, testing, and handling, as established by LDAF.

A. Any carry-over rice seed stocks that have been processed, repackaged, or otherwise adulterated in any manner that would jeopardize the integrity of the seed lot are subject to the sampling and testing requirements set out in this Chapter.

A. Any lot of rice seed that is subject to the requirements of this Chapter that tests positive for LL traits, according to tolerances established by LDAF, shall be placed under a "stop-sale" order and moved, handled or disposed of only with the express permission of the commissi…

A. Payroll Rebate 1. An annual certification and a fee of $250 shall be filed annually, commencing within six months after completion of the applicant’s fiscal year or execution of the contract, whichever is later. The department may grant an extension of up to an additional sixt…

A. A qualified employer that enters into a contract under this Chapter shall not be eligible to receive the other credits or exemptions provided for in the following provisions of law except as provided for in R.S. 51:2456(B): 1. R.S. 47:34 (tax credit for generation of new jobs …

A. Penalties are provided under R.S. 51:2460 for false or fraudulent information in making application, making a claim for rebate, or other instrument.

A. If any Section or provision of this Chapter is held invalid, such invalidity shall not affect other provisions of this Chapter. Any provision of this Chapter that is in conflict with R.S. 51:2451-R.S. 51:2462 or any other statute will be invalid and will be severable.

A. Pursuant to Act 126 of the 2015 Regular Session of the Louisiana Legislature: 1. for projects filing an advance notification on or after July 1, 2015, from July 1, 2015, through June 30, 2018, annual payroll rebates will be approved for payment at a rate of 5 percent or 6 perc…

A. Each person shall provide education to all lender personnel annually no later than January 1 of each year and to all new lender personnel within the first month upon attainment of this status or designation and each calendar year thereafter no later than January 1. The educati…

A. Each person subject to this chapter shall retain such minimum records to show full compliance of the requirements set forth hereunder, which minimum records are deemed necessary by the commissioner, and set forth by the commissioner electronically, through email transmissions,…

A. If any Section, term, or provision of any of these rules, LAC 10:XI.1101-1109, is for any reason declared or adjudged to be invalid, such invalidity shall not affect, impair, or invalidate any of the remaining rules, or any term or provision thereof.

A. Permissible Challenges. The office only allows challenges on the following grounds: 1. the identification of eligible community anchor institutions; 2. community anchor institution BEAD eligibility determinations.; 3. BEAD eligibility determinations for existing broadband serv…

A. In accordance with R.S. 44:422, agencies must notify the state archivist (or his designee) in the event any records in its custody become damaged or lost. 1. Agencies must submit Form SS ARC 980G (Records Damage Assessment Form) noting which records were damaged or lost, the c…

A. Authority, Organization and Purpose 1. Chapter 7 of title 46 of the Louisiana Revised Statutes of 1950 (R.S. 46:931 et seq.) provides for the establishment and administration of the Office of Elderly Affairs (GOEA) within the Office of the Governor. 2. GOEA serves as the focal…

A. Issuance of Charters. Charters for the establishment of parish voluntary councils on aging (hereafter referred to as "council on aging") are issued by the Secretary of State upon the approval of applications by the Governor's Office of Elderly Affairs (GOEA) pursuant to R.S. 4…

A. Service providers shall comply with all OEA licensing standards, all applicable accrediting standards, any applicable federal standards and all applicable state and federal laws.

A. Purpose. The purpose of the Louisiana Office of the Long Term Care Ombudsman is to ensure that residents of long term care facilities receive the quality of life to which they are entitled.

A. Purpose. The purpose of the Senior Community Service Employment Program is to foster and promote useful part-time opportunities in community service activities for unemployed low-income persons who are 55 years or older and who have poor employment prospects, and in order to f…

A. Overview of Elderly Protective Services 1. Purpose. The purpose of protective services is to protect adults who cannot physically or mentally protect themselves and who are harmed or threatened with harm through action or inaction by themselves or by the individuals responsibl…

A. Purpose. The purpose of the Family Caregiver Support Program is to provide multifaceted systems of support services for family caregivers and for grandparents or older individuals who are relative caregivers.

A. Purpose. The Governor's Office of Elderly Affairs (GOEA) shall provide the opportunity for a hearing, on request, to area agencies on aging submitting plans under Title III of the Older Americans Act, to any provider of a service under such a plan, or to any applicant to provi…