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La. Rev. Stat. § 3:1430.1 Short title
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§1430.1. Short title This Subpart may be cited as the Louisiana Agricultural Liming Materials Law. Acts 2010, No. 579, §1; Acts 2013, No. 26, §5, eff. May 23, 2013.
La. Rev. Stat. § 3:1430.10 Violations
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§1430.10. Violations The following actions are prohibited: (1) The sale, offering for sale, or distribution of materials which are not registered with the commissioner. (2) The sale, offering for sale, or distribution of materials which do not meet the standards set forth in R.S.…
La. Rev. Stat. § 3:1430.11 Deficiency assessments; penalties; injunctive relief
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§1430.11. Deficiency assessments; penalties; injunctive relief A. The commission may impose the following deficiency assessments for the following violations: (1) The deficiency assessments for the sale, offering for sale, or distribution of solid materials which do not meet the …
La. Rev. Stat. § 3:1430.12 Fees
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§1430.12. Fees A. The annual fee for registering agricultural liming materials shall be fifteen dollars payable to the commission. B. The late fee for each application to register an agricultural liming material, other than an application for initial registration, which is receiv…
La. Rev. Stat. § 3:1430.13 Disposition of fees and penalties
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§1430.13. Disposition of fees and penalties A. All fees and penalties provided for in this Part shall be paid to the commission and disposed of as provided in this Section. B. All deficiency assessments imposed under the provisions of R.S. 3:1430.11(A), (B), (C), or (D) shall be …
La. Rev. Stat. § 3:1430.2 Definitions
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§1430.2. Definitions As used in this Subpart, the following terms shall have the following meanings ascribed to them: (1) "Agricultural liming materials" or "materials" means solid or liquid materials which contain calcium or magnesium and which are sold, offered for sale, or dis…
La. Rev. Stat. § 3:1430.3 Applicability
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§1430.3. Applicability A. The provisions of this Subpart shall apply only to materials which are sold, offered for sale, or distributed in this state for the purpose of decreasing the acidity of soils used for agricultural production. B. Substances which are sold, offered for sal…
La. Rev. Stat. § 3:1430.4 Administration
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§1430.4. Administration A. The commission shall administer and enforce the provisions of this Subpart. B. The commissioner shall employ such personnel as are necessary to implement the provisions of this Subpart. C. The commission may adopt such rules and regulations as are neces…
La. Rev. Stat. § 3:1430.5 Registration
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§1430.5. Registration A. No agricultural liming material shall be sold, offered for sale, or distributed in this state unless the material is registered with the commission. B. Each manufacturer of an agricultural liming material sold, offered for sale, or distributed in this sta…
La. Rev. Stat. § 3:1430.6 Labeling
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§1430.6. Labeling Each package of agricultural liming materials sold, offered for sale, or distributed in this state shall contain a conspicuous and legible label attached to the package. If the materials are sold in bulk form, a copy of the label shall be attached to the invoice…
La. Rev. Stat. § 3:1430.7 Reports; records
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§1430.7. Reports; records A. Each manufacturer shall submit quarterly reports to the commissioner. The quarters shall end on the last day of September, December, March and June. Reports shall be on forms supplied by the commissioner and shall be submitted on or before the thirtie…
La. Rev. Stat. § 3:1430.8 Standards
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§1430.8. Standards A. All solid agricultural liming materials other than marl or chalk shall have a neutralizing value of at least ninety percent. All marl and chalk shall have a neutralizing value of at least fifty percent. The commission by rule shall establish minimum neutrali…
La. Rev. Stat. § 3:1430.9 Complaints
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§1430.9. Complaints A. Any person who believes that he has suffered damages because he purchased materials which do not meet the standards set forth in R.S. 3:1430.8 or because the amount of materials delivered was less than the net weight stated on the package or on the invoice …
La. Rev. Stat. § 3:1431 Terms defined
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§1431. Terms defined As used in this Part, the following terms have the meanings given: (1) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this Part. (2) "Agricultural seed…
La. Rev. Stat. § 3:1433 Powers and responsibilities of commission
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§1433. Powers and responsibilities of commission A. The commission shall: (1)(a) Make rules and regulations governing the methods of sampling, inspecting, and making analysis tests and examinations of all seeds and other propagating stock; (b) Establish the standards and toleranc…
La. Rev. Stat. § 3:1434 Powers and duties of the commissioner
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§1434. Powers and duties of the commissioner The commissioner shall: (1) Enforce this Part and all rules and regulations made and adopted by the commission. (2) Sample, inspect, test, and make analyses of agricultural, vegetable, and flower seeds transported, offered for sale, so…
La. Rev. Stat. § 3:1435 Authority of the commissioner
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§1435. Authority of the commissioner The commissioner may: (1) Employ agents necessary to enforce this Part and the rules and regulations made under this Part. (2) In order to have access to seeds subject to this Part, enter, during regular business hours, any public or private p…
La. Rev. Stat. § 3:1436 Labeling of seeds
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§1436. Labeling of seeds Each container of agricultural, vegetable, or flower seeds, or other propagating stock that is sold or offered for sale in Louisiana for planting purposes shall bear thereon or have attached thereto in a conspicuous place a label plainly written or printe…
La. Rev. Stat. § 3:1437 Registration of seed dealers
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§1437. Registration of seed dealers A. Every person, except persons exempt by R.S. 3:1445, including an out-of-state distributor, who labels, sells, offers, or handles for sale in or distributes for sale in Louisiana, agricultural, vegetable, or flower seeds or other propagating …
La. Rev. Stat. § 3:1438 Suspension or revocation of seed dealer license
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§1438. Suspension or revocation of seed dealer license Any licensee who violates any of the provisions of this Part or the regulations adopted under the provisions of this Part shall be subject to having his license suspended, revoked, or placed on probation, in addition to any o…
La. Rev. Stat. § 3:1439 Failure of seed dealer to register; effect
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§1439. Failure of seed dealer to register; effect The commissioner may issue a stop order against any seed dealer who fails to comply with R.S. 3:1437. Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2012, No. 146, §1, eff. May 14, 2012.
La. Rev. Stat. § 3:144 How associations organized in another state may carry on business in this state
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§144. How associations organized in another state may carry on business in this state Any co-operative marketing association organized under appropriate laws of any other state for the purposes and with the restrictions and limitations substantially the same as those set forth in…
La. Rev. Stat. § 3:1440 Stop order
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§1440. Stop order A stop order shall prohibit further sale, exchange, movement, or distribution of seeds included in the order until the commissioner is satisfied that this Part and rules and regulations of the commission have been complied with and the commissioner has issued a …
La. Rev. Stat. § 3:1441 Seizure
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§1441. Seizure When the commissioner issues a stop order to a person with a lot of seed and such person fails to comply with this Part or the regulations of the commission, the commissioner shall seize the lot of seed and shall destroy the lot within thirty days, or shall dispose…
La. Rev. Stat. § 3:1443 Disclaimer or nonwarranty clause of no effect
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§1443. Disclaimer or nonwarranty clause of no effect The use of a disclaimer or nonwarranty clause in any invoice, advertisement, or label pertaining to seeds shall not exempt a person from the provisions of this Part. Amended by Acts 1977, No. 149, §5; Acts 2013, No. 26, §1, eff…
La. Rev. Stat. § 3:1444 Prohibitions
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§1444. Prohibitions No person shall: (1) Sell, offer for sale, transport, or distribute any agricultural, vegetable, or flower seeds unless the seeds have been tested in accordance with the rules and regulations adopted by the Agricultural Chemistry and Seed Commission. The commi…
La. Rev. Stat. § 3:1445 Exemptions
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§1445. Exemptions A. The provisions of R.S. 3:1436 shall not apply: (1) To common carriers with respect to seeds transported in the ordinary course of business as a carrier. R.S. 3:1436 shall apply to carriers engaged in processing or merchandising seeds subject to the provisions…
La. Rev. Stat. § 3:1446 Penalty for violation; procedures for imposition of penalties
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§1446. Penalty for violation; procedures for imposition of penalties A. Whoever violates this Part or the rules and regulations made under this Part may be subject to a civil penalty of not more than five hundred dollars for each act of violation and for each day of violation. Ea…
La. Rev. Stat. § 3:1447 Secretary of state as agent for service
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§1447. Secretary of state as agent for service Any person who is not a resident of or domiciled within the state of Louisiana, and who, having no duly appointed agents for service of process within the state, engages in the business of distributing, selling, or packaging seeds wi…
La. Rev. Stat. § 3:1448 Regulatory fee
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§1448. Regulatory fee The commission may charge a regulatory fee on all seeds sold in Louisiana. The fee shall be established by rule adopted in accordance with the Administrative Procedure Act. The proceeds of the fee shall be used to defray the costs of regulating the seed indu…
La. Rev. Stat. § 3:1449 Disposition of funds; Seed Fund
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§1449. Disposition of funds; Seed Fund A. All assessments, fees, penalties, and other funds received under the provisions of this Part shall be disposed of in accordance with the following provisions: (1) All assessments, fees, penalties, and all other funds received under the pr…
La. Rev. Stat. § 3:145 Breach of marketing contract of co-operative associations; spreading false reports about the finances or management thereof
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§145. Breach of marketing contract of co-operative associations; spreading false reports about the finances or management thereof Any persons who, or any corporation whose officers or employees, knowingly induce or attempt to induce any member or stockholder of an association org…
La. Rev. Stat. § 3:1450 Local regulations
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§1450. Local regulations A. The regulation of seeds is preempted by this Part. No municipality, parish, local governmental entity, or governing authority of any public or private group or association having jurisdiction over a specific geographic area shall enact ordinances or su…
La. Rev. Stat. § 3:146 Associations not in restraint of trade
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§146. Associations not in restraint of trade No association organized hereunder shall be deemed to be in violation of the anti-trust statutes of this state, a combination in restraint of trade, or an illegal monopoly; nor in an attempt to lessen competition or fix prices arbitrar…
La. Rev. Stat. § 3:1461 Purpose
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§1461. Purpose It is hereby the intent of the legislature to recognize industrial hemp as an agricultural commodity and authorize the cultivation, processing, and handling of industrial hemp as legal, agricultural activities in the state of Louisiana in accordance with the Agricu…
La. Rev. Stat. § 3:1462 Definitions
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§1462. Definitions As used in this Part, the following terms shall have the following meanings: (1) "Applicant" means a natural person or any individual who applies on behalf of a partnership, corporation, cooperative association, limited liability company, joint stock associatio…
La. Rev. Stat. § 3:1463 Powers and responsibilities of the commission
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§1463. Powers and responsibilities of the commission The commission shall: (1) Establish criteria and standards for industrial hemp seed approval. (2) Hold hearings on alleged violations of the provisions of this Part or of the rules and regulations adopted pursuant to this Part.…
La. Rev. Stat. § 3:1464 Powers and duties of the commissioner
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§1464. Powers and duties of the commissioner The commissioner shall: (1) Adopt rules and regulations as are necessary to implement the provisions of this Part in accordance with the Administrative Procedure Act. (2) Administer and enforce the provisions of this Part and all rules…
La. Rev. Stat. § 3:1465 Licensure
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§1465. Licensure A.(1)(a) Each seed producer shall obtain an annual license issued by the department. The license shall authorize the licensee to produce, transport, and sell approved seeds to licensed industrial hemp growers, seed producers, handlers, and processors. (b) A licen…
La. Rev. Stat. § 3:1466 Records required
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§1466. Records required A. Every grower, processor, handler, and seed producer shall maintain full and accurate records as required by rules and regulations of the department. B. The department's rules and regulations on record keeping shall, at a minimum, require the following: …
La. Rev. Stat. § 3:1467 Fees; disposition of funds
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§1467. Fees; disposition of funds A. The commissioner may establish annual application, license, and testing fees to be paid to the department. The amount of the fees shall be based on the cost of the regulatory functions performed and services provided. The combined total of the…
La. Rev. Stat. § 3:1468 Testing; inspections
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§1468. Testing; inspections A.(1) The department shall collect samples to test all industrial hemp crops, except those crops produced by licensees approved by the department for performance-based sampling, prior to harvest to ensure the THC concentration does not exceed a total d…
La. Rev. Stat. § 3:1469 Industrial hemp research
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§1469. Industrial hemp research A.(1) The Louisiana State University Agricultural Center and the Southern University Agricultural Center are authorized to cultivate, handle, and process industrial hemp and industrial hemp seeds for research and development of new varieties. (2) T…
La. Rev. Stat. § 3:147 Annual license fees
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§147. Annual license fees Each association organized hereunder shall pay an annual license fee of ten dollars, but shall be exempt from all franchise or other license taxes, except upon its real estate, furniture, and fixtures.
La. Rev. Stat. § 3:1470 Civil penalties; procedures for imposition of penalties
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§1470. Civil penalties; procedures for imposition of penalties A. Any person who violates any of the provisions of or the regulations adopted pursuant to this Part; or who alters, forges, or counterfeits, or uses without authority any license or other document provided for in thi…
La. Rev. Stat. § 3:1471 Criminal penalties
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§1471. Criminal penalties A. It shall be unlawful for any person or entity to cultivate, handle, process, or transport industrial hemp in any of the following circumstances: (1) Without a license. (2) Outside the scope of a license. (3) If the industrial hemp originates from a se…
La. Rev. Stat. § 3:1472 Stop order
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§1472. Stop order A stop order issued by the department shall prohibit further sale, exchange, movement, processing, or distribution of all Cannabis plants or plant parts included in the order until the commissioner is satisfied that this Part and rules and regulations of the com…
La. Rev. Stat. § 3:1473 Centralized website
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§1473. Centralized website The Louisiana State University Agricultural Center shall develop a centralized industrial hemp website that provides to the public information, resources, and educational opportunities concerning industrial hemp. The agricultural center shall develop th…
La. Rev. Stat. § 3:1481 Definitions
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§1481. Definitions As used in this Part: (1) "Commissioner" means the commissioner of the office of alcohol and tobacco control. (2) "Consumable hemp processor" means any individual, partnership, corporation, cooperative association, or other business entity permitted for manufac…
La. Rev. Stat. § 3:1482 Consumable hemp products; prohibitions
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§1482. Consumable hemp products; prohibitions A.(1) No person shall process, distribute, sell, or offer for sale any consumable hemp product without a permit required by this Part. (2) No person shall sell or offer for sale at retail any consumable hemp product to any person unde…
