Louisiana 2012 Regular Session

Louisiana House Bill HB602 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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ACT No. 204
Regular Session, 2012
HOUSE BILL NO. 602
BY REPRESENTATIVE CHANEY AND SENATORS ALLAIN, LONG, AND
THOMPSON
AN ACT1
To amend and reenact R.S. 3:2093(6) through (10), to enact R.S. 3:2093(11) and 2135, and2
to repeal R.S. 3:2095, 2096, 2099, Part III of Chapter 16 of Title 3 of the Louisiana3
Revised Statutes of 1950, comprised of R.S. 3:2171 through 2188, 2221(C), 2228,4
and Part V of Chapter 16 of Title 3 of the Louisiana Revised Statutes of 1950,5
comprised of R.S. 3:2261 through 2264, relative to diseases of animals; to provide6
for the Louisiana Board of Animal Health; to provide for powers; to provide for7
technical correction; to repeal the sale of hog cholera serum; to repeal cattle fever8
tick eradication; to repeal parishwide testing; to repeal sheep scab infection; to9
provide for the redesignation of certain provisions of Title 3 of the Louisiana10
Revised Statutes of 1950 and to direct the Louisiana State Law Institute with respect11
to such redesignations; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 3:2093(6) through (10) are hereby amended and reenacted and R.S.14
3:2093(11) and 2135 are hereby enacted to read as follows:15
§2093.  Powers16
The Louisiana Board of Animal Health shall have the following powers and17
duties:18
*          *          *19
(6) To issue cease and desist orders when a violation that is endangering or20
causing significant damage to animal health or commerce is occurring or is about to21
occur.22 ENROLLEDHB NO. 602
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(6)(7) To institute civil proceedings seeking injunctive relief to restrain and1
prevent violations of the laws or of administrative rules administered or enforced by2
the board.3
(7)(8) To impose civil penalties of up to one thousand dollars for each4
violation of the laws and administrative rules administered and enforced by the5
board. Each day on which a violation occurs shall be considered a separate offense.6
Civil penalties shall be assessed only by a ruling of the board based on an7
administrative hearing conducted in accordance with the Administrative Procedure8
Act. The board may institute civil proceedings to enforce its rulings in the district9
court for the parish in which the violation occurred.10
(8)(9) To advise the state Department of Agriculture and Forestry, the United11
States Department of Agriculture, and the legislature with respect to all phases of the12
meat industry in Louisiana, including but not limited to the slaughtering and13
processing of meat and the implementation of the Federal Meat Inspection Act, the14
Federal Poultry Products Inspection Act, and the state meat inspection program.15
(9)(10) To adopt such rules and regulations as may be necessary to monitor16
compliance with the prohibition against tampering with livestock at a public17
livestock exhibition as set forth in R.S. 14:102.1(B)(2).18
(10)(11) To adopt such rules and regulations as may be necessary to19
establish standards governing the care and well-being of bovine, equine, ovine,20
caprine, porcine, and poultry bred, kept, maintained, raised, or used for show, profit,21
or for the purpose of selling or otherwise producing crops, animals, or plant or22
animal products for market. The board shall consider the following when adopting23
the standards:24
(a) The health and husbandry of the bovine, equine, ovine, caprine, porcine,25
and poultry.26
(b)  Generally accepted farm management practices.27
(c)  Generally accepted veterinary standards and practices.28 ENROLLEDHB NO. 602
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(d) The economic impact the standards may have on bovine, equine, ovine,1
caprine, porcine, and poultry farmers, the affected bovine, equine, ovine, caprine,2
porcine, and poultry sectors, and consumers.3
*          *          *4
§2135.  Power to deal with contagious diseases of animals5
The Board of Animal Health shall have plenary powers to deal with all6
contagious and infectious diseases of animals as in the opinion of the board may be7
prevented, controlled, or eradicated, and with full power to make, promulgate, and8
enforce such rules and regulations as in the judgment of the board may be necessary9
to control, eradicate, and prevent the introduction of contagious and infectious10
diseases of animals.11
Section 2. R.S. 3:2095, 2096, 2099, Part III of Chapter 16 of Title 3 of the Louisiana12
Revised Statutes of 1950, comprised of R.S. 3:2171 through 2188, 2221(C), 2228, and Part13
V of Chapter 16 of Title 3 of the Louisiana Revised Statutes of 1950, comprised of R.S.14
3:2261 through 2264, are hereby repealed in their entirety.15
Section 3.(A) The provisions of R.S. 3:566 are hereby redesignated and renumbered16
to R.S. 3:573.17
(B) The provisions of R.S. 3:2094 and 2097 are hereby redesignated and renumbered18
to R.S. 3:2133 and 2137.19
(C) The provisions of R.S. 3:2100 are hereby redesignated and renumbered to R.S.20
3:571.21 ENROLLEDHB NO. 602
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(D) The provisions of R.S. 3:2133 are hereby redesignated and renumbered to R.S.1
3:2139.2
(E) The provisions of R.S. 3:2341 through 2347 are hereby redesignated and3
renumbered to R.S. 3:2261 through 2273.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: