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Regular Session, 2012
HOUSE BILL NO. 164
BY REPRESENTATIVE BURFORD
ANIMALS/LIVESTOCK: Expands the duties of livestock brand inspectors
AN ACT1
To amend and reenact R.S. 3:734 and 742, relative to livestock inspections; to provide for2
livestock brand inspectors; to provide for powers and duties; to provide for the3
inspection of cattle; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 3:734 and 742 are hereby amended and reenacted to read as follows:6
§734. Livestock brand inspectors7
A. Livestock brand inspectors employed by the commissioner and the8
director and assistant director of the commission shall be commissioned by the9
Department of Public Safety and Corrections and, for the purposes of this Part, shall10
have the same power and authority as is vested in the state police. Inspectors shall11
have general jurisdiction throughout the state to enforce the provisions of the12
Louisiana Criminal Code as set forth in Paragraph (B)(1) of this Section, this Part13
and the rules and regulations adopted under the provisions of this Part.14
B. Personnel of the commission who are commissioned peace officers shall15
be under the direction, control, and supervision of the commissioner and shall have16
the following powers and duties:17
(1) To provide for the protection of the assets, and property, and personnel18
of the Department of Agriculture and Forestry and to enforce all of the provisions of19
this Part, and the rules and regulations adopted under the provisions of this Part and20 HLS 12RS-620 ORIGINAL
HB NO. 164
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provisions in the Louisiana Criminal Code relating to the theft of animals, the illegal1
branding or marking of animals, the disposition of strayed animals, the theft of any2
farm machinery, equipment, or supplies, and to perform such duties with respect to3
any other farm-related crime.4
(2) Upon the request of any regular law enforcement agency of this state or5
upon discovery of a crime while performing associated duties in relation to this Part,6
livestock brand inspectors shall prevent and detect crime, apprehend criminals,7
enforce the criminal laws of the state, keep the peace and good order in the state in8
the enforcement of the state's police powers, and perform any other related duties9
imposed upon them by the legislature.10
(2) (3) To take the following actions, with or without a warrant, when the11
inspector has probable cause to believe that the provisions of the Louisiana Criminal12
Code as set forth in Paragraph (B)(1) of this Section or this Part, or of the rules and13
regulations adopted under the provisions of this Part, have been violated:14
(a) To enter upon private land or premises.15
(b) To stop and search any airplane, automobile, truck, boat, or other vehicle.16
(c) To enter any establishment where livestock or carcasses are slaughtered,17
butchered, stored, or sold.18
(d) To hold livestock, carcasses, parts of carcasses, or hides for a reasonable19
time for the purposes of investigation and determination of ownership.20
(3) (4) To arrest, with or without a warrant, any person who the inspector has21
probable cause to believe has violated the criminal provisions of this Part or the22
Louisiana Criminal Code as set forth in Paragraph (B)(1) of this Section.23
(4) (5) To serve all warrants and other processes issued by courts of24
competent jurisdiction in connection with violations of the provisions of this Part and25
the rules and regulations adopted under the provisions of this Part or the Louisiana26
Criminal Code as set forth in Paragraph (B)(1) of this Section.27
(5) (6) To cooperate with all other peace officers in the enforcement of the28
Louisiana Criminal Code as set forth in Paragraph (B)(1) of this Section, the29 HLS 12RS-620 ORIGINAL
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provisions of this Part and the rules and regulations adopted under the provisions of1
this Part.2
(6) (7) To be attired in a uniform approved by the commissioner and carry3
proper credentials evidencing their authority, which shall be exhibited upon demand4
of any person. Notwithstanding the provisions of R.S. 49:121(E), every automobile,5
truck, or other vehicle belonging to the state that is used by an inspector shall6
conform with the provisions of R.S. 49:121(A)(1), (B), and (C).7
* * *8
§742. Inspection of cattle9
No livestock shall be sold at any public sale until such livestock have been10
inspected and passed offered for inspection by the seller to by brand inspectors or a11
designee of the Livestock Brand Commission appointed for such purpose. Brand12
inspectors are authorized to inspect any livestock being transported by any means,13
or being loaded or prepared to be transported. Brand inspectors shall have the14
authority to inspect all livestock together with accompanying health documentation15
for each animal in conjunction with the Louisiana Board of Animal Health.16
Whenever health documentation for any animal is not in compliance with the17
requirements of the Louisiana Board of Animal Health, the brand inspector may stop18
all movement of the animal until all required health documentation is provided or19
may require the person who has possession of the animal to return the animal to the20
place of origin.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Burford HB No. 164
Abstract: Expands the duties of the livestock brand inspectors and provides for the
inspection of cattle by livestock brand inspectors or a designee of the Livestock
Brand Commission.
Present law provides that livestock brand inspectors shall be commissioned by DPS&C and
have the same power and authority as state police. Further provides for the inspectors to HLS 12RS-620 ORIGINAL
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have general statewide jurisdiction to enforce the La. Criminal Code and any adopted rules
and regulations pertaining to livestock inspection.
Present law provides for the powers and duties of personnel who are commissioned as peace
officers as follows:
(1)Provide protection of the assets and property of the LDAF and enforce provisions,
rules, and regulations, and La. Criminal Code relative to theft of animals, illegal
branding, disposition of strayed animals, theft of farm equipment, and other farm-
related crime.
(2)To take certain actions, with or without warrant, if the inspector has probable cause
to believe that the provisions, rules, and regulations, or La. Criminal Code has been
violated.
(3)To arrest, with or without warrant, persons believed to have violated the criminal
provisions of present law or the La. Criminal Code.
(4)To serve warrants and other processes issued by courts in connection with certain
violations.
(5)To cooperate with all other peace officers in the enforcement of the La. Criminal
Code.
(6)To be attired in an approved uniform and carry proper credentials evidencing their
authority.
Proposed law provides for the protection of personnel in addition to assets and property.
Further provides that at the request of any regular law enforcement agency of the state,
livestock brand inspectors shall prevent and detect crime, apprehend criminals, and enforce
the criminal laws of the state. Provides that the inspectors perform any other related duties
in the enforcement of the state's police powers. Otherwise retains present law.
Present law provides that no livestock can be sold at any public sale until they have been
inspected and passed by livestock brand inspectors. Further authorizes inspectors to inspect
any livestock being transported together with accompanying health documentation for
compliance in conjunction with the La. Board of Animal Health.
Proposed law provides that livestock offered for inspection also may be inspected by a
designee of the Livestock Brand Commission or a livestock brand inspector. Otherwise
retains present law.
(Amends R.S. 3:734 and 742)