Thompson (SB 168) Act No. 26
Prior law (R.S. 3:1382) provided for the La. Feed, Fertilizer, and Agricultural Liming
Commission, within the La. Department of Agriculture and Forestry (LDAF), composed of
the following members:
(1)The commissioner of agriculture and forestry.
(2)The director of the La. Agricultural Experiment Station.
(3)The director of the La. Cooperative Extension Service.
(4)The president of La. Farm Bureau Federation, Inc.
(5)The chairman of the Livestock Advisory Committee.
(6)The chairman of the Dairy Advisory Committee of the La. Farm Bureau Federation,
Inc.
(7)The president of the La. Thoroughbred Breeder's Association.
(8)The president of the La. Cattlemen's Association.
(9)The president of the La. 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 La. Ag
Industries Association.
(11)An independent feed manufacturer domiciled in this state.
New law changes prior law to create the La. 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)One member and an alternate, representing the La. Agricultural Experiment Station,
appointed by the commissioner who serves at the pleasure of the commissioner.
(3)One member and an alternate, representing the La. Cooperative Extension Service,
appointed by the commissioner who serves at the pleasure of the commissioner.
(4)The president of La. 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 La. 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 La. 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 La. Ag Industries Association and a list of
three nominees submitted by the La. Cattlemen's Association who shall serve at the
pleasure of the commissioner.
New law authorizes the commission to appoint a director and assistant director of the seed
program.
New 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.
Prior law provided for the disposition of funds related to fertilizer and creates the "Feed and
Fertilizer Fund".
New law repeals prior law because the "Feed and Fertilizer Fund" was already created in R.S.
3:1407.
Prior law (R.S. 3:1432) provided for the Seed Commission composed of the following five
members: commissioner of agriculture and forestry, director of La. Cooperative Extension
Service, director of La. Agricultural Experiment Station, president of La. Ag Industries
Association, and president of La. Farm Bureau Federation, Inc., or their designees. Prior law
authorized the commission to employ a director and assistant director in the unclassified
service and further authorizes the commissioner to employ all other necessary personnel.
New law repeals prior law and transfers the powers, duties, and functions of the Seed
Commission to the Agricultural Chemistry and Seed Commission.
Prior law (R.S. 3:1444(11)) prohibited a person from relabeling seeds more than one time.
New law repeals prior law.
Prior law provided 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. New law changes "shall" to "may" on
civil penalties for violations.
New 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.
Prior law (R.S. 3:1449) provided for the Seed Commission Fund and authorized the Seed
Commission to determine the expenses of the program.
New 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.
New law repeals bond requirements for agents of nurserymen.
New law provides for technical corrections and corrects internal references.
Effective upon signature of the governor (May 23, 2013).
(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(1)(intro para), (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 (B)(1), 1449(A)(intro para), (A)(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, 1444(11), 1551, 1552, and
R.S. 36:629(C)(6))