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Regular Session, 2010 ENROLLED
SENATE BILL NO. 36
BY SENATORS THOMPSON, LONG, NEVERS, RISER, SMITH AND WALSWORTH
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 bovine, equine, ovine, caprine, porcine, and poultry; to4
prohibit local ordinances, laws, subdivision restrictions or regulations establishing5
standards applicable to the care and well-being of bovine, equine, ovine, caprine,6
porcine, and poultry; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 3:2093(10) and 2095.1 are hereby enacted to read as follows: 9
§2093. Powers10
The Louisiana Board of Animal Health shall have the following powers and11
duties:12
* * *13
(10) To adopt such rules and regulations as may be necessary to14
establish standards governing the care and well-being of bovine, equine, ovine,15
caprine, porcine, and poultry bred, kept, maintained, raised, or used for show,16
profit, or for the purpose of selling or otherwise producing crops, animals, or17
plant or animal products for market. The board shall consider the following18
when adopting the standards:19
(a) The health and husbandry of the bovine, equine, ovine, caprine,20
porcine, and poultry.21
(b) Generally accepted farm management practices.22
(c) Generally accepted veterinary standards and practices.23
(d) The economic impact the standards may have on bovine, equine,24
ovine, caprine, porcine, and poultry farmers, the affected bovine, equine, ovine,25 SB NO. 36 ENROLLED
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caprine, porcine, and poultry sectors, and consumers.1
* * *2
§2095.1. Local regulations3
A. No municipality, parish, local governmental entity or governing4
authority of any group or association, private or public, having jurisdiction over5
a specific geographic area shall enact ordinances, laws, subdivision restrictions6
or regulations establishing standards applicable to the care and well-being of7
bovine, equine, ovine, caprine, porcine, and poultry bred, kept, maintained,8
raised, or used for show, profit, or for the purpose of selling or otherwise9
producing crops, animals, or plant or animal products for market, except as10
provided in this Section.11
B. Municipalities, parishes, and local governmental entities or governing12
authorities of any group or association may request that the rules and13
regulations establishing standards applicable to the care and well-being of14
bovine, equine, ovine, caprine, porcine, and poultry bred, kept, maintained,15
raised, or used for show, profit, or for the purpose of selling or otherwise16
producing crops, animals, or plant or animal products for market be amended17
to provide for specific problems encountered in or by the entity, group or18
association. The following provisions shall govern any such request:19
(1) The request shall be addressed to the commissioner.20
(2) The Louisiana Board of Animal Health shall conduct a hearing.21
(3) The Louisiana Board of Animal Health shall make a preliminary22
determination as to the advisability of amending the state rules and regulations23
and shall transmit its determination to the commissioner.24
(4) The commissioner shall make the final determination as to the25
desirability of amending the state rules and regulations.26
(5) If the commissioner determines that the rules and regulations should27
be amended, a rule or regulation consistent with the commissioner's28
determination shall be adopted by the commission in accordance with the29
Administrative Procedure Act. If the commissioner determines that the rules30 SB NO. 36 ENROLLED
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or regulations should not be amended, a written notice of the decision shall be1
provided to the requesting party.2
C. Municipalities, parishes, and local governmental entities may petition3
the commissioner for approval of an ordinance establishing standards4
applicable to the care and well-being of bovine, equine, ovine, caprine, porcine,5
and poultry bred, kept, maintained, raised, or used for show, profit, or for the6
purpose of selling or otherwise producing crops, animals, or plant or animal7
products for market. The governing authority of a public or private group or8
association may petition the commissioner for approval of restrictions9
applicable to the specific geographic area over which the group or association10
has jurisdiction. The procedure for obtaining such approval shall be as follows:11
(1) Any proposed ordinance or restriction shall be sent to the12
commissioner who shall refer the ordinance to the Louisiana Board of Animal13
Health for a hearing.14
(2) The Louisiana Board of Animal Health shall make a preliminary15
determination as to the advisability of amending the state rules and regulations16
and shall transmit its determination to the commissioner.17
(3) Upon receipt of the recommendation of the Louisiana Board of18
Animal Health, the commissioner shall approve or disapprove the proposed19
ordinance or restriction.20
(4) Both the Louisiana Board of Animal Health and the commissioner21
shall be guided by the provisions of this Section in making their respective22
determinations.23
(5) The requesting party shall be notified of the decision in writing.24
(6) Any governing authority aggrieved by a final decision of the25
commissioner shall have a right of judicial review of the administrative process26
pursuant to the provisions of the Administrative Procedure Act.27
D. Municipalities, parishes, and local governmental entities or governing28
authorities of a public or private group or association, having in effect, on July29
1, 2010, an ordinance or restriction establishing standards applicable to the care30 SB NO. 36 ENROLLED
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and well-being of bovine, equine, ovine, caprine, porcine, and poultry bred,1
kept, maintained, raised, or used for show, profit, or for the purpose of selling2
or otherwise producing crops, animals, or plant or animal products for market,3
shall submit the ordinance to the commissioner on or before December 1, 2010,4
for approval pursuant to this Section. Any such ordinance or restriction5
received by the commissioner on or before December 1, 2010, shall continue in6
full force and effect unless the commissioner disapproves the ordinance or7
restriction in accordance with this Section. Any such ordinance not received by8
the commissioner on or before December 1, 2010, shall be void.9
E. Nothing contained in this Section shall prohibit a municipality,10
parish, local governmental entity or governing authority of any group or11
association, private or public, having jurisdiction over a specific geographic12
area from enacting ordinances, laws, subdivision restrictions or regulations13
regarding possession of bovine, equine, ovine, caprine, porcine, or poultry.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: