Title 3, Agriculture and Forestry
0 chapters · 1,436 sections in this title.
La. Rev. Stat. § 3:3415 Scale ticket required; contents
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§3415. Scale ticket required; contents A. Whenever any agricultural commodity or other farm product is delivered to a warehouse or grain dealer licensed under this Chapter, the warehouse or grain dealer shall issue a scale ticket covering the commodity or other farm product withi…
La. Rev. Stat. § 3:3416 Warehouse receipts; authorization for and release
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§3416. Warehouse receipts; authorization for and release A. Each warehouse shall, on demand, issue a warehouse receipt for any agricultural commodity or other farm product stored in the warehouse. Warehouse receipts may be negotiable or non-negotiable. B. Each person to whom a no…
La. Rev. Stat. § 3:3417 Special provisions for handling of warehouse receipts
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§3417. Special provisions for handling of warehouse receipts A. While an original warehouse receipt issued under this Chapter is outstanding and uncanceled, no other or further warehouse receipt shall be issued for the agricultural commodity or other farm product, or any part the…
La. Rev. Stat. § 3:3418 Delivery and discharge from storage of stored agricultural commodities
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§3418. Delivery and discharge from storage of stored agricultural commodities A. Except as provided herein, every warehouse licensed under this Chapter shall, without unnecessary delay, deliver the agricultural commodity or other farm product stored therein upon a demand made eit…
La. Rev. Stat. § 3:3419 Records required
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§3419. Records required A. Each warehouse shall maintain complete, separate, and correct records and accounts pertaining to each warehouse, including, but not limited to, records and accounts of all commodities and farm products received therein and withdrawn therefrom, all uniss…
La. Rev. Stat. § 3:3419.1 Communication of producer information
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§3419.1. Communication of producer information A. Notwithstanding any other law or contractual provision to the contrary, a grain dealer and agriculture lender may communicate, either orally or in writing, information related to an agricultural commodities booking or contract con…
La. Rev. Stat. § 3:342 Board of commissioners; members; officers; personal immunity
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§342. Board of commissioners; members; officers; personal immunity A. The district shall be governed by a board of commissioners, referred to in this Part as the "board", consisting of twenty-six members as follows: (1) The governor or his designee. (2) The commissioner of agricu…
La. Rev. Stat. § 3:3420 Schedule of charges and tariffs
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§3420. Schedule of charges and tariffs Whenever there is a change in any warehouse's schedule of charges or tariffs, the new schedule shall be filed with the commission prior to implementation thereof. These charges or tariffs shall be the same for the same class of service to ea…
La. Rev. Stat. § 3:3421 Confidentiality of records
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§3421. Confidentiality of records Notwithstanding the provisions of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950, all financial statements, position reports, and any other documents required for licensure and filed by applicants for licensure under this Chapter…
La. Rev. Stat. § 3:3422 Commission authorized to charge regulatory fees
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§3422. Commission authorized to charge regulatory fees A. The commission shall charge regulatory fees on all agricultural commodities or other farm products regulated under this Chapter. The regulatory fees shall be due and payable to the commission by the licensee at the first p…
La. Rev. Stat. § 3:3423 Deposit of the revenues of the commission; Agricultural Commodity Dealers and Warehouse Fund
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§3423. Deposit of the revenues of the commission; Agricultural Commodity Dealers and Warehouse Fund A. All assessments, fees, penalties, and all other funds received under the provisions of this Chapter, subject to the exceptions contained in Article VII, Section 9 of the Constit…
La. Rev. Stat. § 3:3424 Prohibited acts; criminal penalties
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§3424. Prohibited acts; criminal penalties A. It shall be unlawful for any warehouse to sell, alienate, encumber, transfer title to, pledge, mortgage, or hypothecate in any manner any agricultural commodity or other farm product, or any portion thereof, which has been deposited b…
La. Rev. Stat. § 3:3425 Limitations of applicability
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§3425. Limitations of applicability The provisions of this Chapter shall not apply to, and the commission shall not have jurisdiction over, the following: (1) Cold storage facilities. (2) Facilities which store only commodities which are imported from outside the boundaries of th…
La. Rev. Stat. § 3:343 Powers of district
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§343. Powers of district A. The district shall have and exercise all powers of a political subdivision necessary or convenient for the carrying out of its objects and purposes, including but not limited to rights and powers set out in this Section: (1) To sue and be sued. (2) To …
La. Rev. Stat. § 3:344 Obligations of the district
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§344. Obligations of the district A. The district shall have authority to incur debt for any one or more of its lawful purposes set forth in this Part, to issue in its name negotiable bonds, notes, certificates of indebtedness, or other evidence of debt, and to provide for the se…
La. Rev. Stat. § 3:345 Securities
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§345. Securities Bonds, certificates, or other evidence of indebtedness issued by the district under this Part are deemed to be securities of public entities within the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana Revised Statutes of 1950, and shall be subject to …
La. Rev. Stat. § 3:346 Exemption from taxation
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§346. Exemption from taxation The district and all properties at any time owned by the district and the income therefrom and all bonds, certificates, and other evidence of indebtedness issued by the district under this Part and the interest or income therefrom shall be exempt fro…
La. Rev. Stat. § 3:347 General compliances; enhancement
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§347. General compliances; enhancement A. No provision of this Part shall be construed to exempt the district from compliance with the provisions of Louisiana laws pertaining to open meetings, public records, fiscal agents, official journals, dual officeholding and employment, pu…
La. Rev. Stat. § 3:3501 Short title
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§3501. Short title This Chapter shall be known as "Louisiana Commodities Marketing Law". Added by Acts 1978, No. 500, §1; Acts 2009, No. 24, §8J, eff. June 12, 2009; Acts 2010, No. 861, §3.
La. Rev. Stat. § 3:3502 Definitions
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§3502. Definitions As used in this Chapter, unless the context otherwise requires: (1) "Administrative rules and regulations" means rules and regulations that are applicable to a particular marketing order which is issued and made effective by the commissioner pursuant to R.S. 3:…
La. Rev. Stat. § 3:3503 Policy, purposes
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§3503. Policy, purposes A. It is hereby declared that the disorderly marketing of commodities in this state; improper preparation for market and lack of uniform grading and classification of commodities; unfair methods of competition in the marketing of commodities; and the inabi…
La. Rev. Stat. § 3:3504 Compliance; defense to civil proceedings
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§3504. Compliance; defense to civil proceedings Proof that an act was done in compliance with the provisions of this Chapter shall be a complete defense to any civil action or proceeding arising therefrom. Added by Acts 1978, No. 500, §1; Acts 2009, No. 24, §8J, eff. June 12, 200…
La. Rev. Stat. § 3:3505 Cause of action survives
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§3505. Cause of action survives The suspension, amendment, or termination of any marketing order or marketing agreement does not suspend or terminate any cause of action which has accrued under it, but such cause of action shall survive and exist the same as if such marketing ord…
La. Rev. Stat. § 3:3506 Volume or quantity defined
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§3506. Volume or quantity defined The terms, volume or quantity, except as in R.S. 3:3523, may be in terms of gross dollar value if the commissioner finds that such volume or quantity cannot be readily ascertained otherwise, or that gross dollar value is a more equitable measure …
La. Rev. Stat. § 3:3507 Exceptions to Chapter
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§3507. Exceptions to Chapter A. This Chapter does not apply to any order, rule, or regulation which is issued by the Louisiana Public Service Commission or the Interstate Commerce Commission with respect to the operation of common carriers. B. This Chapter is not applicable to an…
La. Rev. Stat. § 3:3508 Administration
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§3508. Administration A. The commissioner shall administer and enforce this Chapter. B. The commissioner may issue, administer, and enforce the provisions of any marketing order issued pursuant to this Chapter which regulates producer marketing or the handling of any commodity wi…
La. Rev. Stat. § 3:3509 Marketing orders and agreements
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§3509. Marketing orders and agreements A. Subject to the provisions, restrictions, and limitations which are imposed in this Chapter, the commissioner may issue marketing orders which regulate producer marketing, the processing, distributing, or handling in any manner of any comm…
La. Rev. Stat. § 3:3510 Notice, reports, and hearing
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§3510. Notice, reports, and hearing A. If the commissioner has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the policy of this Chapter, he shall give notice of not less than thirty days for a public …
La. Rev. Stat. § 3:3511 Findings
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§3511. Findings A. For marketing orders containing provisions only for the establishment of grade, size, quality, or condition specification, or for uniform grading and inspection, or the elimination of unfair trade practices, or provisions for advertising or sales promotion, or …
La. Rev. Stat. § 3:3512 Advisory boards and committees
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§3512. Advisory boards and committees A. Any marketing order shall provide for the establishment of an advisory board to assist the commissioner in the administration of any marketing order. The members of such board shall be appointed by the commissioner. The number of members o…
La. Rev. Stat. § 3:3513 Terms of marketing orders
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§3513. Terms of marketing orders A. Any marketing order which is issued by the commissioner may contain any or all of the provisions which are prescribed by this Section for regulating, or providing methods for regulating producer marketing, or the handling, or any of the operati…
La. Rev. Stat. § 3:3514 Assessments and funds
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§3514. Assessments and funds A. Except as otherwise provided in Subsection F, each marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray the necessary expenses which are incurred by the commissioner in the formulation, issuanc…
La. Rev. Stat. § 3:3515 Deposits by applicants for marketing order
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§3515. Deposits by applicants for marketing order A. Prior to the issuance of any marketing order by the commissioner, the commissioner may require the applicants for the issuance of the marketing order to deposit with him such amount as he may deem necessary to defray the expens…
La. Rev. Stat. § 3:3516 Approval of marketing orders
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§3516. Approval of marketing orders A. No marketing order or major amendment to it, which directly affects producers, producer marketing, handlers or processors, shall be made effective by the commissioner unless and until the commissioner finds that it has been approved by produ…
La. Rev. Stat. § 3:3517 Major amendments to marketing order
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§3517. Major amendments to marketing order A. In making effective major amendments to a marketing order, the commissioner shall follow the same procedures which are prescribed in this Chapter for the institution of a marketing order. B. For the purposes of this Chapter, a major a…
La. Rev. Stat. § 3:3518 Minor amendments to marketing orders
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§3518. Minor amendments to marketing orders A. The commissioner may make minor amendments to any marketing order upon the recommendation of not less than seventy-five percent of the producer members or handler members of the advisory board, or not less than seventy-five percent o…
La. Rev. Stat. § 3:3519 Termination or suspension
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§3519. Termination or suspension A. The commissioner shall suspend or terminate any marketing order, if he finds, after a public hearing held in accordance with the provisions of R.S. 3:3510, that such marketing order is contrary to, or does not tend to effectuate the declared pu…
La. Rev. Stat. § 3:3520 Publication of notice
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§3520. Publication of notice A. Upon the issuance of any order which makes effective a marketing order, or any suspension, amendment, or termination of a marketing order, notice shall be published in the Louisiana Register. A marketing order, or any suspension, amendment, or term…
La. Rev. Stat. § 3:3521 General rules and regulations
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§3521. General rules and regulations A. The commissioner may establish such general rules and regulations as may be necessary to facilitate the administration and enforcement of such marketing orders and agreements. B. The provisions of R.S. 3:3520 relative to publication and tim…
La. Rev. Stat. § 3:3522 Administrative rules and regulations
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§3522. Administrative rules and regulations A. Upon recommendation of the advisory board which is concerned, the commissioner may establish administrative rules and regulations for each marketing order or marketing agreement as may be necessary. B. Such rules and regulations may …
La. Rev. Stat. § 3:3523 Seasonal marketing regulations
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§3523. Seasonal marketing regulations A. Upon recommendation of the advisory board which is concerned, the commissioner may issue and make effective seasonal marketing regulations if all of the following requirements are complied with: (1) The marketing order or agreement concern…
La. Rev. Stat. § 3:3524 Records
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§3524. Records A. The commissioner may require processors or distributors, that are subject to the provisions of any marketing order which is issued pursuant to this Chapter, to maintain books and records which reflect their operations under such marketing order, and to furnish h…
La. Rev. Stat. § 3:3525 Actions and penalties
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§3525. Actions and penalties A. Any action for any penalty or fine shall be commenced within three years from the date of the alleged violation. B. The penalties prescribed by this Section apply in instances of any violation of any provision of this Chapter, any marketing order, …
La. Rev. Stat. § 3:3526 Inspection; notice of noncompliance; disposition
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§3526. Inspection; notice of noncompliance; disposition A. Except as otherwise provided in this Section, any authorized inspector, in the discharge of his duties, if he has reason to believe that a lot or any commodity subject to a marketing order is not in compliance with the re…
La. Rev. Stat. § 3:3531 Definitions
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§3531. Definitions As used in this Chapter, the following terms shall have the following meanings: (1) "Commissioner" means the Commissioner of Agriculture for the state of Louisiana. (2) "Board" means the Louisiana Rice Promotion Board. (3) "Producer" means any person who receiv…
La. Rev. Stat. § 3:3532 Purpose
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§3532. Purpose The purpose of this Chapter is to promote the growth and development of the rice industry in Louisiana by promotion of rice, thereby promoting the general welfare of the people of this state. Added by Acts 1972, No. 104, §1; Acts 2009, No. 24, §8H, eff. June 12, 20…
La. Rev. Stat. § 3:3533 Creation and organization
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§3533. Creation and organization A. The Louisiana Rice Promotion Board is hereby created, with its domicile in Crowley, Louisiana. B. The board shall be composed of eleven members appointed by the governor. Each member shall be subject to Senate confirmation, except the commissio…
La. Rev. Stat. § 3:3534 Levy of assessment; collection and enforcement; records; refunds; transfer of funds
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§3534. Levy of assessment; collection and enforcement; records; refunds; transfer of funds A. Levy of assessment. (1) There is hereby levied an assessment at the rate of three cents per hundredweight, or the equivalent thereof, of dry rough "paddy" rice produced in this state and…
La. Rev. Stat. § 3:3535 Failure to pay assessment; penalty
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§3535. Failure to pay assessment; penalty A. Any buyer who fails to file a report or to pay any assessment within the required time by the commissioner shall forfeit to the commissioner the amount of the assessment plus a penalty of five percent of the assessment determined to be…
La. Rev. Stat. § 3:3536 Limitation of liability of members of board
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§3536. Limitation of liability of members of board The members and alternate members of the board shall not be responsible individually in any way whatsoever to any producer or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, exc…