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Regular Session, 2013
SENATE BILL NO. 168
BY SENATOR THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AGRICULTURE/FOREST DEPT. Provides for the merger of the Feed, Fertilizer, and
Agricultural Liming Commission and the Seed Commission and creates the Agricultural
Chemistry and Seed Commission. (gov sig)
AN ACT1
To amend and reenact the heading of Chapter 10-A and the heading of Part I of Chapter 10-2
A of Title 3 of the Louisiana Revised Statutes of 1950, and R.S. 3:1381(1), 1382(A)3
and (B), 1407, 1430.13(A) and (D), the introductory paragraph of 1431, (1), (3), (4),4
and (17) through (30), 1433(A)(1)(b) and (f), the introductory paragraph of (3), (4),5
(5), and (7), 1434(1), (2), (4) and (5), 1435(1) through (4), and (6) through (8), the6
introductory paragraph of 1436, (1), (2)(a) and (5)(c), 1437(A), 1438, 1440, 1441,7
1443, 1444(1), (2), (4), (5) and (8), 1445(A)(1) and (3), and (B)(2) and (3), 1446(A),8
the introductory paragraph of (B), and (1), the introductory paragraph of 1449(A),9
(1) and (2), and (B), and R.S. 36:629(H), to enact R.S. 3:1431(31) and 1446(B)(5),10
and to repeal R.S. 3:1421, 1432 and 1444(11) and R.S. 36:629(C)(6), relative to the11
merger of the Feed, Fertilizer, and Agricultural Liming Commission and the Seed12
Commission; to create and provide for the membership of the Agricultural Chemistry13
and Seed Commission; to repeal the Seed Commission; to provide for definitions;14
to correct internal references; to provide relative to civil penalties and procedures for15
imposition of penalties; to repeal a duplicate provision related to the disposition of16
funds; to repeal the prohibition against relabeling seeds more than one time; to17 SB NO. 168
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provide for technical corrections; and to provide for related matters.1
Be it enacted by the Legislature of Louisiana:2
Section 1. The heading of Chapter 10-A and the heading of Part I of Chapter 10-A3
of Title 3 of the Louisiana Revised Statutes of 1950, and R.S. 3:1381(1), 1382(A) and (B),4
1407, 1430.13(A) and (D), the introductory paragraph of 1431, (1), (3), (4), and (17) through5
(30), 1433(A)(1)(b) and (f), the introductory paragraph of (3), (4), (5), and (7), 1434(1), (2),6
(4) and (5), 1435(1) through (4), and (6) through (8), the introductory paragraph of 1436, (1),7
(2)(a) and (5)(c), 1437(A), 1438, 1440, 1441, 1443, 1444(1), (2), (4), (5) and (8), 1445(A)(1)8
and (3), and (B)(2) and (3), 1446(A), the introductory paragraph of (B), and (1), the9
introductory paragraph of 1449(A), (1) and (2), and (B) are hereby amended and reenacted,10
and R.S. 3:1431(31) and 1446(B)(5) are hereby enacted to read as follows:11
CHAPTER 10-A. FEED AND, FERTILIZERS, AGRICULTURAL LIMING12
AND SEEDS13
PART I. FEED, FERTILIZER, AND AGRICULTURAL LIMING 14
CHEMISTRY AND SEED COMMISSION15
§1381. Definitions16
In this Chapter, the following definitions shall apply:17
(1) "Commission" means the Feed, Fertilizer, and Agricultural Liming18
Chemistry and Seed Commission.19
* * *20
§1382. Commission; creation21
A.(1) There is hereby created, within the Department of Agriculture and22
Forestry, the Louisiana Feed, Fertilizer, and Agricultural Liming Chemistry and23
Seed Commission. to be composed of the commissioner of agriculture and forestry,24
the director of the Louisiana Agricultural Experiment Station, the director of the25
Louisiana Cooperative Extension Service, the president of Louisiana Farm Bureau26
Federation, Inc., the chairmen of the Livestock Advisory Committee and the Dairy27
Advisory Committee of the Louisiana Farm Bureau Federation, Inc., the president28
of the Louisiana Thoroughbred Breeder's Association, the president of the Louisiana29 SB NO. 168
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Cattlemen's Association, the president of the Louisiana Ag Industries Association,1
or their duly authorized representatives, a person who owns or operates a feed2
business which is not a member of the of the Louisiana Ag Industries Association,3
and an independent feed manufacturer domiciled in Louisiana. The commission4
shall consist of seven members as follows:5
(1) The commissioner of agriculture and forestry or his designee.6
(2) The director of the Louisiana Agricultural Experiment Station or his7
designee, subject to the approval of the commissioner.8
(3) The director of the Louisiana Cooperative Extension Service or his9
designee, subject to the approval of the commissioner.10
(4) The president of Louisiana Farm Bureau Federation, Inc. or his11
designee, subject to the approval of the commissioner.12
(5) One member representing the seed industry appointed by the13
commissioner from a list of three nominees submitted by the Louisiana Ag14
Industries Association who shall serve at the pleasure of the commissioner.15
(6) One member representing the fertilizer industry appointed by the16
commissioner from a list of three nominees submitted by the Louisiana Ag17
Industries Association who shall serve at the pleasure of the commissioner.18
(7) One member representing the feed industry appointed by the19
commissioner from a list of three nominees submitted by the Louisiana Ag20
Industries Association and a list of three nominees submitted by the Louisiana21
Cattlemen's Association who shall serve at the pleasure of the commissioner.22
(2) The prospective appointee who owns or operates a feed business which23
is not a member of the Louisiana Ag Industries Association and the prospective24
appointee who shall be an independent feed manufacturer domiciled in Louisiana25
shall be appointed by and shall serve at the pleasure of the governor. Each26
appointment by the governor shall be submitted to the Senate for confirmation.27
B. The commissioner shall be ex officio chairman of the commission and28
shall be its chief executive officer responsible for enforcement of this Chapter. He29 SB NO. 168
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is empowered to employ personnel, to purchase supplies, and to make such other1
expenditures as may be necessary for enforcing this Chapter. The commission may2
appoint a director and assistant director of the feed program, and a director and an3
assistant director of the fertilizer program, and a director and assistant director of4
the seed program who shall be appointed by the commission, subject to the5
approval of the commissioner. The directors and assistant directors shall be in the6
unclassified service. All employees of the commission shall be under the7
supervision and direction of the commissioner.8
* * *9
§1407. Disposition of funds; Feed and Fertilizer Fund10
A.(1) All fees, assessments, penalties, and all other funds received by the11
commission under the provisions of Parts II and III of this Chapter, except for the12
deficiency assessments paid to the purchaser-user as provided for in R.S. 3:141513
and the consumer as provided for in R.S. 3:1430.13 and subject to the exceptions14
contained in Article VII, Section 9 of the Constitution of Louisiana, shall be15
deposited immediately upon receipt into the state treasury and shall be credited to the16
Bond Security and Redemption Fund.17
(2) Out of the funds remaining in the Bond Security and Redemption Fund18
after a sufficient amount is allocated from that fund to pay all obligations secured by19
the full faith and credit of the state which become due and payable within any fiscal20
year, the treasurer, prior to placing the remaining funds in the state general fund,21
shall pay an amount equal to the total amount of funds paid into the state treasury by22
the commission under the provisions of Parts II and III of this Chapter into a23
special fund which is hereby created in the state treasury and designated as the "Feed24
and Fertilizer Fund".25
(3) All unexpended and unencumbered monies in the fund at the end of each26
fiscal year shall remain in the fund. The monies in the fund shall be invested by the27
treasurer in the same manner as monies in the state general fund. All interest earned28
on monies from the fund invested by the state treasurer shall be deposited in the29 SB NO. 168
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fund.1
B. Subject to appropriation, the monies in the Feed and Fertilizer Fund shall2
be used for the following purposes:3
(1) To provide for the expenses of the programs established by this Parts II4
and III of this Chapter and the expenses of the office of agricultural and5
environmental sciences, as determined by the commissioner.6
(2) To renovate, maintain, and equip a building on the Baton Rouge campus7
of the Louisiana State University and Agricultural and Mechanical College to8
provide administrative offices and analytical laboratories to be used in connection9
with the programs established by Parts II and III of this Chapter.10
(3) To build, equip, and maintain a building to house the offices of the11
Department of Agriculture and Forestry.12
(4) To fund any and all costs related to the fulfillment of the powers,13
responsibilities, and purposes of Parts I, II and III of this Chapter.14
C. The Department of Agriculture and Forestry or the Louisiana Agricultural15
Finance Authority on behalf of the Department of Agriculture and Forestry may fund16
the anticipated funds appropriated from the Feed and Fertilizer Fund into revenue17
bonds for the purpose of renovating a building on the Baton Rouge campus of the18
Louisiana State University and Agricultural and Mechanical College to provide19
administrative offices and analytical laboratories to be used in connection with the20
programs established by Parts II and III of this Chapter and for the purpose of21
acquiring, constructing, renovating, and equipping buildings and related facilities for22
use by the Department of Agriculture and Forestry in connection with promoting and23
assisting agriculture and forestry in this state. The Department of Agriculture and24
Forestry may pledge those funds to secure the repayment of revenue bonds or to25
secure a lease or purchase agreement entered into in connection with the issuance of26
revenue bonds for those purposes.27
* * *28
§1430.13. Disposition of fees and penalties29 SB NO. 168
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A. All fees and penalties provided for in this Chapter Subpart shall be paid1
to the commission and disposed of as provided in this Section.2
* * *3
D. Out of the funds remaining in the Bond Security and Redemption Fund4
after a sufficient amount is allocated from that fund to pay all obligations secured by5
the full faith and credit of the state which become due and payable within any fiscal6
year, the treasurer, prior to placing the remaining funds in the state general fund,7
shall pay an amount equal to the total amount of the funds paid into the state treasury8
under the provisions of Parts II and III of this Chapter into the Feed and Fertilizer9
Fund. The funds are to be used for the expenses of the programs established for the10
purposes of Parts II and III of this Chapter and for the other purposes for which11
funds in the Feed and Fertilizer Fund may be used as determined by the12
commissioner.13
§1431. Terms defined14
As used in this Chapter Subpart, the following terms have the meanings15
given:16
(1) "Advertisement" means all representations, other than those on the label,17
disseminated in any manner or by any means, relating to seed within the scope of this18
Chapter Subpart.19
* * *20
(3) "Certified seeds", "registered seeds", and "foundation seeds" are seeds21
which have been inspected and sampled during their period of growth and22
preparation for market by the commissioner, or by the inspection official of the state23
in which the seeds were grown, and which have been found to conform to the24
regulations issued by the commission under this Chapter Subpart.25
(4) "Commission" means the Agricultural Chemistry and Seed26
Commission.27
* * *28
(17) "Minor violation" means a violation of noncompliance which does29 SB NO. 168
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not create a competitive disadvantage for licensees in full compliance; is not a1
violation which adversely affects human health, safety or the environment; is2
not a violation performed with malicious, deliberate or fraudulent intent; and3
is not a repetitive violation.4
(18) "Mixed seeds" are seeds of more than one kind or variety when each5
kind or variety is present in excess of five percent of the whole.6
(18)(19) "Noxious weeds" are weeds which are highly destructive and7
difficult to control by good cultural practices and the use of herbicides.8
(19)(20) "Origin" means place, state, or foreign country where grown.9
(20)(21) "Other crop seeds" are the seeds of all kinds or varieties not of the10
kind or variety declared on the label.11
(21)(22) "Person" means any individual, firm, corporation, association, or12
partnership.13
(22)(23) "Prohibited noxious weed seeds" means any weed seeds which are14
prohibited from being present in agricultural, vegetable, flower, tree, or shrub seed.15
(23)(24) "Pure seeds" are all seeds of the kind and variety under16
consideration, whether shriveled, cracked, or otherwise injured, and pieces of seeds17
larger than one-half the original size.18
(24)(25) "Retail seedsman" means any person who sells seed at retail directly19
to the consumer either in quantities of not less than one pound or any quantity20
including closed containers of less than one pound.21
(25)(26) "Seed" is a propagative part of a plant capable of producing a new22
plant, including but not limited to those parts commonly referred to as seeds, bulbs,23
roots, tubers, and other propagating stock.24
(26)(27) "Stop order" is any written or printed notice given by the25
commissioner of the Department of Agriculture and Forestry or his authorized26
agents, to the person with a lot of seed, directing the person not to sell or offer for27
sale the seed until the requirements of this Chapter Subpart and regulations28
promulgated hereunder have been complied with and a written release is issued.29 SB NO. 168
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Such seeds may be released for sale as feed.1
(27)(28) "Treated" means that the seed has received an application of a2
substance or that it has been subjected to a process for which a claim is made.3
(28)(29) "Variety" is a subdivision of a kind characterized by growth, plant,4
fruit, seed, or other characteristic by which it can be differentiated from other seeds5
of the same kind.6
(29)(30) "Vegetable seeds" are seeds of vegetable crops grown in gardens or7
on truck farms.8
(30)(31) "Weed seeds" are seeds of all plants that are considered to be9
undesirable or troublesome in an area where the plant is not wanted.10
* * *11
§1433. Powers and duties of seed responsibilities of commission12
A. The commission shall:13
(1)(a) * * *14
(b) Establish the standards and tolerances to be allowed in the administration15
of this Chapter Subpart;16
* * *17
(f) Make all rules and regulations pertaining to the enforcement of this18
Chapter Subpart.19
* * *20
(3) In making rules and regulations, give consideration to the following with21
respect to each kind of seed or other propagating stock regulated by this Chapter22
Subpart:23
* * *24
(4) Hold hearings on alleged violations of the provisions of this Chapter25
Subpart or of the rules and regulations adopted pursuant to this Chapter Subpart.26
(5) Advise the commissioner on the civil penalties to be imposed or the27
injunctive or other civil relief to be sought to punish and restrain violations of the28
provisions of this Chapter Subpart or of the rules and regulations adopted pursuant29 SB NO. 168
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to this Chapter Subpart.1
* * *2
(7) Declare plants to be weeds or noxious weeds in all or part of the state and3
to prohibit, restrict, or regulate the sale, distribution, movement, and use of weed4
seeds or noxious weed seeds by regulations adopted pursuant to this Chapter5
Subpart.6
* * *7
§1434. Powers and duties of the commissioner of agriculture8
The commissioner shall:9
(1) Enforce this Chapter Subpart and all rules and regulations made and10
adopted by the commission.11
(2) Sample, inspect, test, and make analyses of agricultural, vegetable, and12
flower seeds transported, offered for sale, sold, or distributed in Louisiana for13
planting purposes; determine whether the seeds are in compliance with this Chapter14
Subpart and with rules and regulations made under this Chapter Subpart; and notify15
promptly the person who transported, distributed, sold, or offered for sale the seeds16
of any violation.17
* * *18
(4) Require reports necessary to administer this Chapter Subpart and rules19
and regulations made under this Chapter Subpart.20
(5) Collect, administer, and disburse the proceeds of the assessment, fees,21
interest, penalties, and other monies collected pursuant to this Chapter Subpart.22
§1435. Authority of the commissioner23
The commissioner may:24
(1) Employ agents necessary to enforce this Chapter Subpart and the rules25
and regulations made under this Chapter Subpart.26
(2) In order to have access to seeds subject to this Chapter Subpart, enter,27
during regular business hours, any public or private premises where agricultural,28
vegetable, or flower seeds or other propagating stock is sold, offered for sale, or29 SB NO. 168
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distributed.1
(3) Issue and enforce a stop order to the person with a lot of seed or other2
propagating stock which the commissioner finds, or has good reason to believe, is3
in violation of this Chapter Subpart or the rules and regulations made under this4
Chapter Subpart.5
(4) Establish and maintain a seed laboratory; employ a State seed analyst,6
other analysts, and other personnel whose work he shall direct and supervise; and7
incur such other expenses necessary to comply with this Chapter Subpart.8
* * *9
(6) Enter, either directly or through a duly authorized agent, the premises of10
any person producing, processing, distributing, or selling seeds and examine that11
person's books, accounts, and records, and obtain any other information necessary,12
for purposes of enforcing the provisions of this Chapter Subpart and the regulations13
adopted pursuant to this Chapter Subpart.14
(7) Seek and obtain injunctive or other civil relief to restrain and prevent15
violations of this Chapter Subpart, or rules and regulations adopted pursuant to this16
Chapter Subpart, or orders and rulings issued by the commissioner pursuant to this17
Chapter Subpart.18
(8) Institute civil proceedings to enforce his orders or rulings, collect any19
assessments, late fees, fines, penalties, or costs due under this Chapter Subpart or20
to otherwise enforce the provisions of this Chapter Subpart or rules and regulations21
adopted pursuant to this Chapter Subpart.22
§1436. Labeling of seeds23
Each container of agricultural, vegetable, or flower seeds, or other24
propagating stock, which is sold or offered for sale in Louisiana for planting25
purposes shall bear thereon or have attached thereto in a conspicuous place a label26
plainly written or printed in the English language. The label shall give the following27
information:28
(1) For all agricultural, vegetable, and flower seeds treated as defined in this29 SB NO. 168
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Chapter Subpart for which a separate label may be used:1
* * *2
(2) On agricultural seeds:3
(a) Except as otherwise provided herein, the commonly accepted name of the4
kind and variety of each agricultural seed component in excess of five percent of the5
whole, and the percentage of weight of each in the order of its predominance. The6
provisions of this Subparagraph shall not prohibit the sale of wheat and oat seeds7
which are labeled "variety not stated" and which meet the other requirements of this8
Chapter Subpart. The commission may adopt rules and regulations governing the9
sale and labeling of variety not stated wheat and oat seeds. Hybrids shall be labeled10
as hybrids.11
* * *12
(5) On vegetable seeds in containers of one pound or less which germinate13
less than the standards established by the commission under the provisions of R.S.14
3:1433(3)(a):15
* * *16
(c) The word "Substandard Below Standard" in not less than eight-point17
type.18
* * *19
§1437. Registration of seed dealers20
A. Every person, except persons exempt by R.S. 3:1446 3:1445, who sells,21
distributes, or offers or handles for sale agricultural, vegetable, or flower seeds or22
other propagating stock of one pound or more in weight shall register with the23
commissioner as a seed dealer. Every seed dealer shall register the number and24
location of each place of business at which the seeds are sold, distributed, or offered25
or handled for sale. The commissioner shall issue to the registered seed dealer a26
license to engage in the business.27
* * *28
§1438. Suspension or revocation of seed dealer license29 SB NO. 168
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Any licensee who violates any of the provisions of this Chapter Subpart or1
the regulations adopted under the provisions of this Chapter Subpart shall be subject2
to having his license suspended, revoked, or placed on probation, in addition to any3
other penalties authorized by this Chapter Subpart.4
* * *5
§1440. Stop order6
A stop order shall prohibit further sale, exchange, movement, or distribution7
of seeds included in the order until the commissioner is satisfied that this Chapter8
Subpart and rules and regulations of the commission have been complied with and9
the commissioner has issued a written release to the person with such seed. After a10
stop order is given, the person receiving the stop order shall have thirty days within11
which to comply and to obtain a written release of the order. This Section shall not12
prevent the commissioner from proceeding in accordance with other Sections in this13
Chapter Subpart.14
§1441. Seizure15
When the commissioner issues a stop order to a person with a lot of seed and16
such person fails to comply with this Chapter Subpart or the regulations of the17
commission, the commissioner shall seize the lot of seed and shall destroy the lot18
within thirty days, or shall dispose of it in the manner prescribed by the rules and19
regulations made by the commission.20
§1443. Disclaimer or nonwarranty clause of no effect21
The use of a disclaimer or nonwarranty clause in any invoice, advertisement,22
or label pertaining to seeds shall not exempt a person from the provisions of this23
Chapter Subpart.24
§1444. Prohibitions25
No person shall:26
(1) Sell, offer for sale, transport, or distribute any agricultural, vegetable, or27
flower seeds unless the seeds have been tested in accordance with the rules and28
regulations adopted by the Agricultural Chemistry and Seed Commission. The29 SB NO. 168
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commission by rule may require information relative to the test to be affixed to the1
packaging of the seeds.2
(2) Sell, offer for sale, transport, or distribute any agricultural, vegetable or3
flower seeds which are not labeled in accordance with this Chapter Subpart or4
which have false or misleading labeling.5
* * *6
(4) Sell, offer for sale, transport, or distribute any agricultural seeds7
containing noxious weed seeds, subject to tolerances and methods of determinations,8
in excess of those prescribed under this Chapter Subpart.9
(5) Detach, deface, destroy, or use a second time any label provided for in10
this Chapter Subpart or the rules and regulations made by the commission.11
* * *12
(8) Obstruct in any way any authorized person in the performance of his13
duties under this Chapter Subpart.14
* * *15
§1445. Exemptions16
A. The provisions of R.S. 3:1436 shall not apply:17
(1) To common carriers with respect to seeds transported in the ordinary18
course of business as a carrier. R.S. 3:1436 shall apply to carriers engaged in19
processing or merchandising seeds subject to the provisions of this Chapter Subpart.20
* * *21
(3) To agricultural seeds when grown, sold, and delivered by the producer22
on his own premises when the growing of crops for reproductive purposes is not the23
primary farming occupation of the producer. If the seeds are advertised for sale24
through any medium or if the seeds are delivered by a common carrier, except for the25
purpose of recleaning, they shall be labeled in accordance with this Chapter26
Subpart.27
B. The provisions of R.S. 3:1444 shall not apply:28
* * *29 SB NO. 168
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(2) To seeds in storage in, consigned to, or being transported to seed cleaning1
or processing establishments for cleaning and processing only. Any labeling or2
representation which is made with respect to the unclean seeds shall be subject to this3
Chapter Subpart.4
(3) To agricultural seeds when grown, sold, and delivered by the producer5
on his own premises when the growing of crops for reproductive purposes is not the6
primary farming occupation of the producer. If the seeds are advertised for sale7
through any medium or if the seeds are delivered by a common carrier, except for the8
purpose of recleaning, they shall be labeled in accordance with this Chapter9
Subpart.10
* * *11
§1446. Penalty for violation; procedures for imposition of penalties12
A. Whoever violates this Chapter Subpart or the rules and regulations made13
under this Chapter Subpart shall may be subject to a civil penalty of not more than14
five hundred dollars for each act of violation and for each day of violation. Each day15
on which a violation occurs shall be a separate offense.16
B. Penalties may be assessed only by a ruling of the commission based upon17
an adjudicatory hearing held in accordance with the provisions of the Administrative18
Procedure Act and this Chapter Subpart as follows:19
(1) The commission shall be convened by the commissioner for the purpose20
of hearing any alleged violation of this Chapter Subpart or any rule and regulation21
adopted pursuant to this Chapter Subpart.22
* * *23
(5) Nothing in this Section shall be construed as requiring the24
commission to institute adjudicatory proceedings for minor violations of this25
Part when the department believes that the public interest will best be served26
by a suitable notice of noncompliance in writing.27
* * *28
§1449. Disposition of funds; Seed Commission Fund29 SB NO. 168
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A. All assessments, fees, penalties, and other funds received under the1
provisions of this Chapter Subpart shall be disposed of in accordance with the2
following provisions:3
(1) All assessments, fees, penalties, and all other funds received under the4
provisions of this Chapter Subpart, subject to the exceptions contained in Article5
VII, Section 9 of the Constitution of Louisiana, shall be deposited immediately upon6
receipt into the state treasury and shall be credited to the Bond Security and7
Redemption Fund.8
(2) Out of the funds remaining in the Bond Security and Redemption Fund9
after a sufficient amount is allocated from that fund to pay all obligations secured by10
the full faith and credit of the state which become due and payable within any fiscal11
year, the treasurer, prior to placing the remaining funds in the state general fund,12
shall pay an amount equal to the total amount of funds paid into the state treasury13
under the provisions of this Chapter Subpart into a special fund which is hereby14
created in the state treasury and designated as the Seed Commission Fund.15
* * *16
B. Subject to appropriation, the monies in the fund shall be used for the17
following purposes:18
(1) To provide for the expenses of the program established by this Chapter19
Subpart, as determined by the commission commissioner.20
(2) To fund any and all costs related to the carrying out of the powers and21
duties granted to the commission and the commissioner of agriculture and forestry22
under this Chapter Subpart.23
Section 2. R.S. 36:629(H) is hereby amended and reenacted to read as follows:24
§629. Transfer of boards, commissions, departments, and agencies to the25
Department of Agriculture and Forestry26
* * *27
H. The Louisiana Feed, Fertilizer, and Agricultural Liming Chemistry and28
Seed Commission (R.S. 3:1381 et seq.) is placed within the Department of29 SB NO. 168
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Agriculture and Forestry and shall perform and exercise its powers, duties, functions,1
and responsibilities as provided by law.2
* * *3
Section 3. R.S. 3:1421, 1432 and 1444(11) are hereby repealed in their entirety. 4
Section 4. R.S. 36:629(C)(6) is hereby repealed in its entirety. 5
Section 5. The Louisiana Law Institute is hereby directed to redesignate Subparts6
I and II of Part III of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950, as7
Subparts A and B of Part III of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of8
1950.9
Section 6. The Louisiana Law Institute is hereby directed to redesignate Chapter 1110
of Title 3 of the Louisiana Revised Statutes of 1950, comprised of R.S. 3:1431 through 1552,11
entitled "Seeds", as Part IV of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of12
1950, comprised of R.S. 3:1431 through 1552, entitled "Seeds". The Louisiana Law Institute13
is further directed to redesignate Parts I and II of Chapter 11 of Title 3 of the Louisiana14
Revised Statutes of 1950 as Subparts A and B of Part IV of Chapter 10-A of Title 3 of the15
Louisiana Revised Statutes of 1950.16
Section 7. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Curry Johnson.
DIGEST
Present law (R.S. 3:1382) provides for the Louisiana Feed, Fertilizer, and Agricultural
Liming Commission, within the Louisiana Department of Agriculture and Forestry (LDAF),
composed of the following members:
(1)The commissioner of agriculture and forestry.
(2)The director of the Louisiana Agricultural Experiment Station.
(3)The director of the Louisiana Cooperative Extension Service. SB NO. 168
SLS 13RS-266 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(4)The president of Louisiana Farm Bureau Federation, Inc.
(5)The chairman of the Livestock Advisory Committee.
(6)The chairman of the Dairy Advisory Committee of the Louisiana Farm Bureau
Federation, Inc.
(7)The president of the Louisiana Thoroughbred Breeder's Association.
(8)The president of the Louisiana Cattlemen's Association.
(9)The president of the Louisiana Ag Industries Association, or their duly authorized
representative.
(10)A person who owns or operates a feed business which is not a member of the
Louisiana Ag Industries Association.
(11)An independent feed manufacturer domiciled in Louisiana.
Proposed law changes present law to create the Louisiana Agricultural Chemistry and Seed
Commission, within the LDAF, composed of the following seven members:
(1)The commissioner of agriculture and forestry or his designee.
(2)The director of the Louisiana Agricultural Experiment Station or his designee as
approved by the commissioner.
(3)The director of the Louisiana Cooperative Extension Service or his designee as
approved by the commissioner.
(4)The president of Louisiana Farm Bureau Federation, Inc. or his designee as approved
by the commissioner.
(5)One member representing the seed industry appointed by the commissioner from a
list of three nominees submitted by the Louisiana Ag Industries Association who
shall serve at the pleasure of the commissioner.
(6)One member representing the fertilizer industry appointed by the commissioner from
a list of three nominees submitted by the Louisiana Ag Industries Association who
shall serve at the pleasure of the commissioner.
(7)One member representing the feed industry appointed by the commissioner from a
list of three nominees submitted by the Louisiana Ag Industries Association and a
list of three nominees submitted by the Louisiana Cattlemen's Association who shall
serve at the pleasure of the commissioner.
Proposed law authorizes the commission to appoint a director and assistant director of the
seed program.
Proposed law defines "minor violation" as a violation of noncompliance which does not
create a competitive disadvantage for licensees in full compliance; is not a violation which
adversely affects human health, safety or the environment; is not a violation performed with
malicious, deliberate or fraudulent intent; and is not a repetitive violation.
Present law provides for the disposition of funds related to fertilizer and creates the "Feed
and Fertilizer Fund".
Proposed law repeals present law because the "Feed and Fertilizer Fund" was already created SB NO. 168
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
in R.S. 3:1407.
Present law (R.S. 3:1432) provides for the Seed Commission composed of the following five
members: commissioner of agriculture and forestry, director of Louisiana Cooperative
Extension Service, director of Louisiana Agricultural Experiment Station, president of
Louisiana Ag Industries Association, and president of Louisiana Farm Bureau Federation,
Inc., or their designees. Present law authorizes the commission to employ a director and
assistant director in the unclassified service and further authorizes the commissioner to
employ all other necessary personnel.
Proposed law repeals present law and transfers the powers, duties, and functions of the Seed
Commission to the Agricultural Chemistry and Seed Commission.
Present law (R.S. 3:1444(11)) prohibits a person from relabeling seeds more than one time.
Proposed law repeals present law.
Present law provides that violators shall be subject to a civil penalty of not more than $500
for each act of violation and for each day of violation.
Proposed law changes "shall" to "may" on civil penalties for violations.
Proposed law provides that the commission is not required to institute adjudicatory
proceedings for minor violations when the department believes that the public interest will
best be served by a suitable notice of noncompliance in writing.
Present law (R.S. 3:1449) provides for the Seed Commission Fund and authorizes the Seed
Commission to determine the expenses of the program.
Proposed law changes the name of the fund from "Seed Commission Fund" to "Seed Fund"
and authorizes the commissioner to determine the expenses of the program.
Proposed law provides for technical corrections and corrects internal references.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends the heading of Chapter 10-A and the heading of Part I of Chapter 10-A of Title 3,
R.S. 3:1381(1), 1382(A) and (B), 1407, 1430.13(A) and (D), 1431(intro para), (1), (3), (4),
and (17)-(30), 1433(A)(1)(b) and (f), (3)(intro para), (4), (5), and (7), 1434(1), (2), (4) and
(5), 1435 (1)-(4) and (6)-(8), 1436(intro para), (1), (2)(a) and (5)(c), 1437(A), 1438, 1440,
1441, 1443, 1444(1), (2), (4), (5) and (8), 1445(A)(1) and (3) and (B)(2) and (3), 1446(A),
(B)(intro para) and (1), 1449(A)(intro para), (1) and (2) and (B), and R.S. 36:629(H); adds
R.S. 3:1431(31) and 1446(B)(5); repeals R.S. 3:1421, 1432 and 1444(11) and R.S.
36:629(C)(6))