HLS 12RS-554 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 171
BY REPRESENTATIVE ANDERS
AGRICULTURE: Provides relative to the regulations on sale of fertilizers
AN ACT1
To amend and reenact R.S. 3:1413(C)(2)(a) and 1415(A)(6) and to enact R.S. 3:1415(A)(7),2
relative to fertilizers; to provide for the regulations on the sale of fertilizers; to3
provide for an inspection fee; to provide for due dates; to provide for a deficiency4
assessment; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 3:1413(C)(2)(a) and 1415(A)(6) are hereby amended and reenacted7
and R.S. 3:1415(A)(7) is hereby enacted to read as follows: 8
§1413. Restrictions on sale of fertilizer9
* * *10
C.11
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(2)(a) Payment of tonnage the inspection fee shall be on the basis of tonnage13
reports submitted by the registrant who prior to making sales must file a statement14
with the commission agreeing to keep such records as are necessary to accurately15
indicate the tonnage and kind of fertilizer sold and must grant the commissioner the16
right to examine such records for verification of the statement of tonnage. The17
tonnage reports shall be made on forms supplied by the commissioner for supplying18
the necessary tonnage and statistical information. The tonnage reports and19
inspection fees shall be due and payable on the first day of July April, the first day20
of October July, the first day of January October, and the first day of March January.21
The minimum inspection fee due for each quarter shall be ten dollars.22
* * *23 HLS 12RS-554 ORIGINAL
HB NO. 171
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1415. Deficiency assessment1
A. Whenever the commissioner determines, based on an analysis performed2
by the state chemist, that a given lot or shipment of fertilizer is deficient in one or3
more guaranteed plant foods, a deficiency assessment shall be assessed against the4
guarantor in accordance with the following provisions:5
* * *6
(6) The minimum deficiency assessment under this Part shall be ten dollars.7
(6) (7) All deficiency assessments assessed under this Section shall be paid8
by the guarantor to the person who purchased the fertilizer for use, if known, within9
thirty days of notice by the commissioner to the registrant. If the purchaser-user of10
the fertilizer cannot be identified, the penalty shall be paid to the commission.11
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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)]
Anders HB No. 171
Abstract: Provides for a minimum inspection fee for each quarterly tonnage report on
fertilizer sales and provides for a deficiency assessment against the guarantor for
certain fertilizer deficiencies.
Present law provides that every person manufacturing or selling fertilizer shall be registered
with the La. Feed, Fertilizer, and Agricultural Liming Commission. Further provides for the
payment of inspection fees on the basis of tonnage reports due on specific quarterly dates.
Proposed law clarifies that the minimum inspection fee due shall be $10 and clarifies the
quarterly due dates as the first day of April, July, Oct., and Jan. Otherwise retains present
law.
Present law provides for the commissioner to assess a deficiency assessment against a
guarantor if a given lot or shipment of fertilizer is found deficient in one or more guaranteed
plant foods, based on analysis performed by the state chemist.
Proposed law clarifies that the minimum deficiency assessment shall be $10. Otherwise
retains present law.
(Amends R.S. 3:1413(C)(2)(a) and 1415(A)(6); Adds R.S. 3:1415(A)(7))