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Regular Session, 2012 ENROLLED
SENATE BILL NO. 149
BY SENATORS THOMPSON, ALLAIN, GALLOT, LONG, RISER AND WALSWORTH
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
until written permission is given by the commissioner or the court. The18
commissioner shall release the lot of commercial feed withdrawn stop order when19
the provisions and regulations have been complied with. If compliance is not20
obtained within thirty days, the commissioner may begin or upon request of the21
distributor or registrant shall begin proceedings for condemnation.22
* * *23
§1412. Powers and responsibilities24
* * *25
C. If a violation of any of the provisions of this Subpart occurs, the26
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commissioner may issue a stop sale order preventing further sale, movement, or1
disturbance of any lot of fertilizer involved until settlement of all actions against the2
guarantor are made. On settlement of an action, the commissioner may take the3
following measures according to the nature of his findings:4
* * *5
§1430.5. Registration6
* * *7
E. If the application is approved, the registration shall be issued on or before8
the first day of July of the year in which the application was received. Each9
registration shall be valid for one year beginning on the first day of July of the year10
in which the registration was issued and ending on the last day of July June of the11
following year.12
* * *13
§1430.7. Reports; records14
A. Each manufacturer shall submit quarterly reports to the commissioner. The15
quarters shall end on the last day of March, June, September, and December16
September, December, March and June. Reports shall be on forms supplied by the17
commissioner and shall be submitted on or before the thirtieth day after the last day18
of each quarter. Each report shall contain the following information:19
* * *20
§1431. Terms defined21
As used in this Chapter, the following terms have the meanings given:22
* * *23
(26) "Stop-sale Stop order" is any written or printed notice given by the24
commissioner of the Louisiana Department of Agriculture and Forestry or his25
authorized agents, to the person with a lot of seed, directing the person not to sell or26
offer for sale the seed until the requirements of this Chapter and regulations27
promulgated hereunder have been complied with and a written release is issued.28
Such seeds may be released for sale as feed.29
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§1435. Authority of the commissioner1
The commissioner may:2
* * *3
(3) Issue and enforce a stop-sale notice stop order to the person with a lot4
of seed or other propagating stock which the commissioner finds, or has good reason5
to believe, is in violation of this Chapter or the rules and regulations made under this6
Chapter.7
* * *8
§1439. Failure of seed dealer to register; effect9
The commissioner may issue a stop-sale stop order against any seed dealer10
who fails to comply with R.S. 3:1437.11
§1440. Stop-sale Stop order12
A stop-sale stop order shall prohibit further sale, exchange, movement, or13
distribution of seeds included in the order until the commissioner is satisfied that this14
Chapter and rules and regulations of the commission have been complied with and15
the commissioner has issued a written release to the person with such seed. After a16
stop-sale stop order is given, the person receiving the stop-sale stop order shall have17
thirty days within which to comply and to obtain a written release of the order. This18
Section shall not prevent the commissioner from proceeding in accordance with19
other Sections in this Chapter.20
§1441. Seizure21
When the commissioner issues a stop-sale stop order to a person with a lot22
of seed and such person fails to comply with this Chapter or the regulations of the23
commission, the commissioner shall seize the lot of seed and shall destroy the lot24
within thirty days, or shall dispose of it in the manner prescribed by the rules and25
regulations made by the commission.26
* * *27
§1444. Prohibitions28
No person shall:29
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(9) Fail to comply with a "stop-sale" stop order or to move or otherwise1
handle or dispose of any lot of seed held under a "stop-sale" stop order, except with2
express permission of the commissioner for the purposes specified by him.3
* * *4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: