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Regular Session, 2012
SENATE BILL NO. 149
BY SENATOR THOMPSON
FARMING. Provides relative to the registration of agricultural liming materials and
provides for technical changes. (gov sig)
AN ACT1
To amend and reenact R.S. 3:1399(A), the introductory paragraph of 1412(C), 1430.5(E),2
the introductory paragraph of 1430.7(A), 1431(26), 1435(3), 1439, 1440, 1441, and3
1444(9), relative to the Louisiana Agricultural Liming Materials Law; to clarify the4
registration date for liming materials; to clarify terms relative to stop orders; to5
provide for technical corrections; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 3:1399(A), the introductory paragraph of 1412(C), 1430.5(E), the8
introductory paragraph of 1430.7(A), 1431(26), 1435(3), 1439, 1440, 1441, and 1444(9) are9
hereby amended and reenacted to read as follows: 10
§1399. Detained commercial feeds; withdrawal from distribution orders;11
condemnation and confiscation; stop order12
A. When the commissioner or his authorized agent has reasonable cause to13
believe any lot of commercial feed is being distributed in violation of any of the14
provisions of this Part or of any of the prescribed regulations of the commission, he15
may issue and enforce a written or printed "withdrawal from distribution" stop order16
warning the distributor not to dispose of the lot of commercial feed in any manner17 SB NO. 149
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until written permission is given by the commissioner or the court. The1
commissioner shall release the lot of commercial feed withdrawn stop order when2
the provisions and regulations have been complied with. If compliance is not3
obtained within thirty days, the commissioner may begin or upon request of the4
distributor or registrant shall begin proceedings for condemnation.5
* * *6
§1412. Powers and responsibilities7
* * *8
C. If a violation of any of the provisions of this Subpart occurs, the9
commissioner may issue a stop sale order preventing further sale, movement, or10
disturbance of any lot of fertilizer involved until settlement of all actions against the11
guarantor are made. On settlement of an action, the commissioner may take the12
following measures according to the nature of his findings:13
* * *14
§1430.5. Registration15
* * *16
E. If the application is approved, the registration shall be issued on or before17
the first day of July of the year in which the application was received. Each18
registration shall be valid for one year beginning on the first day of July of the year19
in which the registration was issued and ending on the last day of July June of the20
following year.21
* * *22
§1430.7. Reports; records23
A. Each manufacturer shall submit quarterly reports to the commissioner. The24
quarters shall end on the last day of March, June, September, and December25
September, December, March and June. Reports shall be on forms supplied by the26
commissioner and shall be submitted on or before the thirtieth day after the last day27
of each quarter. Each report shall contain the following information:28
* * *29 SB NO. 149
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§1431. Terms defined1
As used in this Chapter, the following terms have the meanings given:2
* * *3
(26) "Stop-sale Stop order" is any written or printed notice given by the4
commissioner of the Louisiana Department of Agriculture and Forestry or his5
authorized agents, to the person with a lot of seed, directing the person not to sell or6
offer for sale the seed until the requirements of this Chapter and regulations7
promulgated hereunder have been complied with and a written release is issued.8
Such seeds may be released for sale as feed.9
* * *10
§1435. Authority of the commissioner11
The commissioner may:12
* * *13
(3) Issue and enforce a stop-sale notice stop order to the person with a lot14
of seed or other propagating stock which the commissioner finds, or has good reason15
to believe, is in violation of this Chapter or the rules and regulations made under this16
Chapter.17
* * *18
§1439. Failure of seed dealer to register; effect19
The commissioner may issue a stop-sale stop order against any seed dealer20
who fails to comply with R.S. 3:1437.21
§1440. Stop-sale Stop order22
A stop-sale stop order shall prohibit further sale, exchange, movement, or23
distribution of seeds included in the order until the commissioner is satisfied that this24
Chapter and rules and regulations of the commission have been complied with and25
the commissioner has issued a written release to the person with such seed. After a26
stop-sale stop order is given, the person receiving the stop-sale stop order shall have27
thirty days within which to comply and to obtain a written release of the order. This28
Section shall not prevent the commissioner from proceeding in accordance with29 SB NO. 149
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other Sections in this Chapter.1
§1441. Seizure2
When the commissioner issues a stop-sale stop order to a person with a lot3
of seed and such person fails to comply with this Chapter or the regulations of the4
commission, the commissioner shall seize the lot of seed and shall destroy the lot5
within thirty days, or shall dispose of it in the manner prescribed by the rules and6
regulations made by the commission.7
* * *8
§1444. Prohibitions9
No person shall:10
* * *11
(9) Fail to comply with a "stop-sale" stop order or to move or otherwise12
handle or dispose of any lot of seed held under a "stop-sale" stop order, except with13
express permission of the commissioner for the purposes specified by him.14
* * *15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Curry Johnson.
DIGEST
Present law requires agricultural liming material sold, offered for sale, or distributed in this
state to be registered with the Feed, Fertilizer, and Agricultural Liming Commission.
Present law further provides that each registration shall be valid for one year beginning on
the first day of July and ending on the last day of July of the following year.
Proposed law retains present law but corrects the ending registration date from the last day
of July to the last day of June.
Proposed law corrects references to the term "stop order."
Proposed law provides for technical corrections. SB NO. 149
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Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 3:1399(A), 1412(C)(intro para), 1430.5(E), 1430.7(A)(intro para), 1431(26),
1435(3), 1439, 1440, 1441, and 1444(9))