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Regular Session, 2010
SENATE BILL NO. 36
BY SENATOR THOMPSON
ANIMALS. Requires the Louisiana Board of Animal Health to establish animal care
standards for livestock and poultry. (gov sig)
AN ACT1
To enact R.S. 3:2093(10) and 2095.1, relative to the Louisiana Board of Animal Health; to2
require the board to adopt rules and regulations establishing standards governing the3
care and well-being of livestock and poultry; to prohibit local ordinances, laws,4
subdivision restrictions or regulations establishing standards applicable to the care5
and well-being of livestock and poultry; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 3:2093(10) and 2095.1 are hereby enacted to read as follows: 8
§2093. Powers9
The Louisiana Board of Animal Health shall have the following powers and10
duties:11
* * *12
(10) To adopt such rules and regulations as may be necessary to13
establish standards governing the care and well-being of livestock and poultry.14
The board shall consider the following when adopting the standards:15
(a) The health and husbandry of the livestock and poultry.16
(b) Generally accepted farm management practices.17 SB NO. 36
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(c) Generally accepted veterinary standards and practices.1
(d) The economic impact the standards may have on livestock and2
poultry farmers, the affected livestock and poultry sector, and consumers.3
* * *4
§2095.1. Local regulations5
A. No municipality, parish, local governmental entity or governing6
authority of any group or association, private or public, having jurisdiction over7
a specific geographic area shall enact ordinances, laws, subdivision restrictions8
or regulations establishing standards applicable to the care and well-being of9
livestock and poultry, except as provided herein.10
B. Municipalities, parishes, and local governmental entities or governing11
authorities of any group or association may request that the rules and12
regulations establishing standards applicable to the care and well-being of13
livestock and poultry be amended to provide for specific problems encountered14
in or by the entity, group or association. The following provisions shall govern15
any such request:16
(1) The request shall be addressed to the commissioner.17
(2) The Louisiana Board of Animal Health shall conduct a hearing.18
(3) The Louisiana Board of Animal Health shall make a preliminary19
determination as to the advisability of amending the state rules and regulations20
and shall transmit its determination to the commissioner.21
(4) The commissioner shall make the final determination as to the22
desirability of amending the state rules and regulations.23
(5) If the commissioner determines that the rules and regulations should24
be amended, a rule or regulation consistent with the commissioner's25
determination shall be adopted by the commission in accordance with the26
Administrative Procedure Act. If the commissioner determines that the rules27
or regulations should not be amended, a written notice of the decision shall be28
provided to the requesting party.29 SB NO. 36
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C. Municipalities, parishes, and local governmental entities may petition1
the commissioner for approval of an ordinance establishing standards2
applicable to the care and well-being of livestock and poultry. The governing3
authority of a public or private group or association may petition the4
commissioner for approval of restrictions applicable to the specific geographic5
area over which the group or association has jurisdiction. The procedure for6
obtaining such approval shall be as follows:7
(1) Any proposed ordinance or restriction shall be sent to the8
commissioner who shall refer the ordinance to the Louisiana Board of Animal9
Health for a hearing.10
(2) The Louisiana Board of Animal Health shall make a preliminary11
determination as to the advisability of amending the state rules and regulations12
and shall transmit its determination to the commissioner.13
(3) Upon receipt of the recommendation of the Louisiana Board of14
Animal Health, the commissioner shall approve or disapprove the proposed15
ordinance or restriction.16
(4) Both the Louisiana Board of Animal Health and the commissioner17
shall be guided by the provisions of this Section in making their respective18
determinations.19
(5) The requesting party shall be notified by the decision in writing.20
(6) Any governing authority aggrieved by a final decision of the21
commissioner shall have a right of judicial review of the administrative process22
pursuant to the provisions of the Administrative Procedure Act.23
D. Municipalities, parishes, and local governmental entities or governing24
authorities of a public or private group or association, having in effect, on July25
1, 2010, an ordinance or restriction establishing standards applicable to the care26
and well-being of livestock and poultry shall submit the ordinance to the27
commissioner on or before December 1, 2010, for approval pursuant to this28
Section. Any such ordinance or restriction received by the commissioner on or29 SB NO. 36
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before December 1, 2010, shall continue in full force and effect unless the1
commissioner disapproves the ordinance or restriction in accordance with this2
Section. Any such ordinance not received by the commissioner on or before3
December 1, 2010, shall be void.4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Curry Johnson.
DIGEST
Thompson (SB 36)
Proposed law requires the Louisiana Board of Animal Health to adopt rules and regulations
establishing standards governing the care and well-being of livestock and poultry. The board
shall consider the following when adopting the standards:
(1)The health and husbandry of the livestock and poultry.
(2)Generally accepted farm management practices.
(3)Generally accepted veterinary standards and practices.
(4)The economic impact the standards may have on livestock and poultry farmers, the
affected livestock and poultry sector, and consumers.
Proposed law prohibits municipalities, parishes, local governmental entities or governing
authorities of any group or association, private or public, having jurisdiction over a specific
geographic area from enacting ordinances, laws, subdivision restrictions or regulations
establishing standards applicable to the care and well-being of livestock and poultry.
Proposed law provides that municipalities, parishes, and local governmental entities or
governing authorities of any group or association may request that the rules and regulations
establishing standards applicable to the care and well-being of livestock and poultry be
amended to provide for specific problems encountered in or by the entity, group or
association. The following provisions shall govern any such request:
(1)The request shall be addressed to the commissioner.
(2)The Board of Animal Health shall conduct a hearing.
(3)The Board of Animal Health shall make a preliminary determination as to the
advisability of amending the state rules and regulations and shall transmit its
determination to the commissioner.
(4)The commissioner shall make the final determination as to the desirability of SB NO. 36
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amending the state rules and regulations.
(5)If the commissioner determines that the rules and regulations should be amended, a
rule or regulation consistent with the commissioner's determination shall be adopted
by the commission in accordance with the APA. If the commissioner determines that
the rules or regulations should not be amended, a written notice of the decision shall
be provided to the requesting party.
Proposed law allows municipalities, parishes, and local governmental entities to petition the
commissioner for approval of an ordinance establishing standards applicable to the care and
well-being of livestock and poultry. The governing authority of a public or private group
or association may petition the commissioner for approval of restrictions applicable to the
specific geographic area over which the group or association has jurisdiction. Provides a
procedure for obtaining such approval.
Proposed law provides that municipalities, parishes, and local governmental entities or
governing authorities of a public or private group or association, having in effect, on July
1, 2010, an ordinance or restriction establishing standards applicable to the care and well-
being of livestock and poultry shall submit the ordinance to the commissioner on or before
December 1, 2010, for approval. Any such ordinance or restriction received by the
commissioner on or before December 1, 2010, shall continue in full force and effect unless
the commissioner disapproves the ordinance or restriction in accordance with proposed law.
Voids any such ordinance not received by the commissioner on or before December 1, 2010.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 3:2093(10) and 2095.1)