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0 chapters · 1,137 sections in this title.
La. Rev. Stat. § 3:129 By-laws
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§129. By-laws Each association incorporated under this Part shall within thirty days after its incorporation adopt for its government and management, a code of by-laws, not inconsistent with the powers granted by this Part. A majority vote of the members or stockholders or their …
La. Rev. Stat. § 3:13 Employment of legal counsel; approval of contracts for legal services
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§13. Employment of legal counsel; approval of contracts for legal services A. The commissioner of agriculture may employ or contract with legal counsel to represent the Department of Agriculture in the enforcement of the laws, rules, and regulations of the department and its boar…
La. Rev. Stat. § 3:130 General and special meetings; how called
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§130. General and special meetings; how called In its by-laws each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time, and ten per cent of the members or stockholders may file a pe…
La. Rev. Stat. § 3:131 Directors; election
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§131. Directors; election A. The affairs of the association shall be managed by a board of not less than five directors, elected by the members or stockholders from their own members and shall have all rights and powers as provided for under the general corporation laws of this s…
La. Rev. Stat. § 3:132 Election of officers
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§132. Election of officers The board of directors shall elect a president, a secretary, a treasurer and one or more vice-presidents, and may elect or select any other officers, assistant officers and agents as are authorized in the articles or by-laws; provided that if the articl…
La. Rev. Stat. § 3:133 Stock; membership certificates; when issued; voting; liability; limitations on transfer and ownership
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§133. Stock; membership certificates; when issued; voting; liability; limitations on transfer and ownership When a member of an association established without capital stock has paid his membership fee in full, he shall receive a certificate of membership. No association shall is…
La. Rev. Stat. § 3:134 Removal of officer or director
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§134. Removal of officer or director Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by ten per cent of the members, requesting the removal of the officer or director in q…
La. Rev. Stat. § 3:135 Referendum
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§135. Referendum Upon demand of one-third of the entire board of directors, any matter that has been approved or passed by the board shall be referred to the entire membership or the stockholders for decision at the next meeting; a special meeting may be called for the purpose.
La. Rev. Stat. § 3:136 Marketing contract
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§136. Marketing contract A. The association and its members may make and execute marketing contracts requiring the members to sell, for any period of time not over ten years, all or any specified part of their agricultural products or specified commodities exclusively to or throu…
La. Rev. Stat. § 3:137 Remedies for breach of contract
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§137. Remedies for breach of contract The by-laws or the marketing contract of any association existing hereunder may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach or threatened breach by him of any provision …
La. Rev. Stat. § 3:138 Purchasing business of other associations, persons, firms or corporations; payment; stock issued
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§138. Purchasing business of other associations, persons, firms or corporations; payment; stock issued Whenever an association organized under this Part with preferred capital stock shall purchase the stock or any property, or any interest in any property, of any person, firm, co…
La. Rev. Stat. § 3:1381 Definitions
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§1381. Definitions In this Chapter, the following definitions shall apply: (1) "Commission" means the Agricultural Chemistry and Seed Commission. (2) "Commissioner" means the commissioner of agriculture and forestry and his duly authorized representatives. (3) "Department" means …
La. Rev. Stat. § 3:1382 Commission; creation
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§1382. Commission; creation A. There is hereby created, within the Department of Agriculture and Forestry, the Louisiana Agricultural Chemistry and Seed Commission. The commission shall consist of nine members as follows: (1) The commissioner of agriculture and forestry or his de…
La. Rev. Stat. § 3:139 Conflicting laws not to apply
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§139. Conflicting laws not to apply Any provisions of law which are in conflict with this Part, shall be construed as not applying to the association herein provided for. Any exemptions under any and all existing laws, referring to taxes or otherwise, applying to agricultural pro…
La. Rev. Stat. § 3:1391 Definitions
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§1391. Definitions For the purposes of this Part, the following definitions shall apply: (1) "Brand name" or "brand" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a registrant and distinguishing it from that of others. (2)…
La. Rev. Stat. § 3:1392 Commission; powers and authority
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§1392. Commission; powers and authority A. The commission may adopt all rules and regulations necessary to carry out the intent and purposes of this Part, in accordance with the Administrative Procedure Act. B. In the interest of uniformity, the commission by regulation may adopt…
La. Rev. Stat. § 3:1393 Registration and labeling
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§1393. Registration and labeling A. No person shall manufacture a commercial or customer-formula feed for distribution in this state unless the person has registered with the commission by filing on forms provided by the commissioner his name, the state of incorporation if incorp…
La. Rev. Stat. § 3:1394 Labeling requirements
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§1394. Labeling requirements A. Before any feed is made available for sale, the registrant shall file with the commission the following information for each brand of feed to be made available for sale in the state: (1) The net weight of the content of the package. (2) The product…
La. Rev. Stat. § 3:1395 Misbranding
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§1395. Misbranding A commercial feed shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular manner. (2) If it is distributed under the name of another commercial feed. (3) If it is not labeled as required in R.S. 3:1394. (4) If it purports …
La. Rev. Stat. § 3:1396 Adulteration
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§1396. Adulteration A commercial feed shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to human or animal health. If the substance is not an added substance, the commercial feed shall not be consid…
La. Rev. Stat. § 3:1397 Prohibited acts
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§1397. Prohibited acts The following acts and the causing thereof are hereby prohibited: (1) The manufacture for distribution in this state or distribution of any commercial feed that is adulterated or misbranded. (2) The adulteration or misbranding of any commercial feed. (3) Th…
La. Rev. Stat. § 3:1398 Inspection, sampling, and analysis
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§1398. Inspection, sampling, and analysis A. For the purpose of enforcement of this Part and in order to determine whether its provisions have been complied with, including whether or not an operation may be subject to such provisions, officers or employees duly designated by the…
La. Rev. Stat. § 3:1398.1 Testing and records of raw milk
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§1398.1. Testing and records of raw milk A. Raw milk testing for salmonella shall be done once per month by an accredited laboratory. A producer of raw milk shall provide test results to the commission or a customer, upon request. B. Test results shall be kept by the farmer or pr…
La. Rev. Stat. § 3:1399 Detained commercial feeds; withdrawal from distribution; condemnation and
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§1399. Detained commercial feeds; withdrawal from distribution; condemnation and confiscation; stop order A. When the commissioner or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this…
La. Rev. Stat. § 3:14 Executive counsel and assistants; qualifications
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§14. Executive counsel and assistants; qualifications The commissioner of the Department of Agriculture and Forestry may employ an executive counsel and such assistants as he finds necessary. The executive counsel and any assistants shall be duly qualified and admitted to practic…
La. Rev. Stat. § 3:140 Limitation of use of term "co-operative"
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§140. Limitation of use of term "co-operative" No person, firm, corporation or association, organized or doing business in this state, shall use the word "co-operative" as part of its corporate or other business name or title for producers' co-operative marketing activities, unle…
La. Rev. Stat. § 3:1400 Deficiency assessments; enforcement
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§1400. Deficiency assessments; enforcement A. If a given lot or shipment of feed is found by official sample and analysis to be deficient in one or more of the guaranteed feeding units, a deficiency assessment of no less than ten dollars shall be assessed against the registrant w…
La. Rev. Stat. § 3:1401 Fees
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§1401. Fees A. Each application for registration with the commission shall be accompanied by a registration fee not to exceed forty dollars. The commission by rule shall establish a schedule of registration fees based upon the number of registrants, the volume of commercial feed …
La. Rev. Stat. § 3:1402 Exemptions
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§1402. Exemptions The provisions of this Part shall not apply to any commercial feeds that have been manufactured or produced by any person for the purpose of feeding his own livestock or manufactured or registered in accordance with Part VI of this Chapter. Acts 2010, No. 579, §…
La. Rev. Stat. § 3:1403 Nonresidents
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§1403. Nonresidents Every nonresident manufacturer of commercial feed shall at the time of registration and before selling or offering for sale his product in this state designate with the secretary of state an agent for service of process who is a resident of this state. Acts 20…
La. Rev. Stat. § 3:1404 Evidence
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§1404. Evidence In any controversy or prosecution arising under the provisions of this Part, a certificate of the state chemist or other state employee making analyses or inspection, duly sworn to by the state chemist or employee, shall be prima facie evidence of the facts therei…
La. Rev. Stat. § 3:1405 Cooperation with other entities
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§1405. Cooperation with other entities The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this Part.…
La. Rev. Stat. § 3:1406 Publication
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§1406. Publication The commission may publish, in written or electronic form accessible to the public, an annual report which shall provide information concerning the sales of commercial feeds together with such data as to their production and use as it may consider advisable, a …
La. Rev. Stat. § 3:1407 Disposition of funds; Feed and Fertilizer Fund
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§1407. Disposition of funds; Feed and Fertilizer Fund A.(1) All fees, assessments, penalties, and all other funds received by the commission under the provisions of this Part and Part III of this Chapter, except for the deficiency assessments paid to the purchaser-user as provide…
La. Rev. Stat. § 3:141 Interest in other corporations or associations
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§141. Interest in other corporations or associations An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any corporation or association, with or without capital stock, engaged in preserving, drying, processing, canning, p…
La. Rev. Stat. § 3:1411 Definitions
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§1411. Definitions In this Subpart, the following definitions shall apply: (1) "Adulteration" means any of the following situations: (a) Where a commercial fertilizer contains any material not specifically declared to be a component of the fertilizer. (b) Where materials which ar…
La. Rev. Stat. § 3:1412 Powers and responsibilities
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§1412. Powers and responsibilities A. The commissioner, or his representative, shall have access to any premise where there is reason to believe that fertilizer sold, offered, or exposed for sale is present, or where there is bulk storage of dry or liquid fertilizer, and is empow…
La. Rev. Stat. § 3:1413 Restrictions on sale of fertilizer
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§1413. Restrictions on sale of fertilizer A. Each person who manufactures, sells, or offers fertilizer for sale under his name or brand shall register with the commission. Such registration shall be renewed annually on January first. Renewal of registration may be denied by the c…
La. Rev. Stat. § 3:1414 Mixtures of graded, registered fertilizers; registration not required; sale prohibited
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§1414. Mixtures of graded, registered fertilizers; registration not required; sale prohibited A. Notwithstanding any other law to the contrary, it shall be lawful for any farmer in this state to mix or cause to be mixed on his farm various grades of fertilizers without having to …
La. Rev. Stat. § 3:1415 Deficiency assessment
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§1415. Deficiency assessment A. Whenever the commissioner determines, based on an analysis performed by the state chemist, that a given lot or shipment of fertilizer is deficient in one or more guaranteed plant foods, a deficiency assessment shall be assessed against the guaranto…
La. Rev. Stat. § 3:1416 Cancellation of registration; causes for
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§1416. Cancellation of registration; causes for Repeated failure of a registrant to meet the guaranteed weight or analysis of a fertilizer, or to fail to make payment of the inspection fee, or to fail to pay penalties assessed shall be considered just cause for cancellation of a …
La. Rev. Stat. § 3:1417 Violations
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§1417. Violations A. Failure to comply with the provisions of this Subpart or with the rules and regulations adopted pursuant to this Subpart constitutes a violation, including but not limited to: (1) Interfering with the commissioner, the state chemist, or their representatives …
La. Rev. Stat. § 3:1418 Adjudicatory proceedings
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§1418. Adjudicatory proceedings A. Findings of violations and imposition of penalties may be made only by a ruling of the commission based upon an adjudicatory proceeding held in accordance with the provisions of the Administrative Procedure Act and this Section. B. Whenever the …
La. Rev. Stat. § 3:1419 Penalty; fines
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§1419. Penalty; fines A. Whoever is found by the commission to have violated a provision of this Subpart or any rules or regulations adopted pursuant to this Subpart shall be fined not more than five hundred dollars per violation. B. The commission may assess the cost of the adju…
La. Rev. Stat. § 3:142 Contracts and agreements with other associations
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§142. Contracts and agreements with other associations Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements, contracts, and arrangements with…
La. Rev. Stat. § 3:1420 Enforcement
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§1420. Enforcement A. The commissioner may seek to collect any fee, penalty, or cost that may be due under this Subpart or the rules and regulations adopted pursuant to this Subpart. B. The commissioner may institute civil proceedings in any court of proper jurisdiction and venue…
La. Rev. Stat. § 3:1422 Application of Subpart
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§1422. Application of Subpart None of the provisions of this Subpart apply to materials that are to be used in the manufacture of mixed fertilizer nor to fertilizers processed or manufactured in this state intended for sale or distribution in other states nor to fertilizers being…
La. Rev. Stat. § 3:1423 Local regulations
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§1423. Local regulations A. The regulation of fertilizer is preempted by this Subpart. No municipality, parish, local governmental entity, or governing authority of any group or association, private or public, having jurisdiction over a specific geographic area shall enact ordina…
La. Rev. Stat. § 3:1424 Gypsum; analysis; limitation of liability
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§1424. Gypsum; analysis; limitation of liability A. The Legislature of Louisiana hereby finds: (1) That gypsum, one of the earliest forms of fertilizer and soil amendment used in the United States, is a byproduct of many manufacturing facilities in Louisiana. (2) Byproduct gypsum…
La. Rev. Stat. § 3:143 Associations heretofore organized may adopt these provisions
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§143. Associations heretofore organized may adopt these provisions Any corporation or association organized under previously existing statutes may by a majority vote of its directors or members, be brought under the provisions of this Part. It shall make out in duplicate a statem…
