Page 1 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2013 ENROLLED SENATE BILL NO. 168 BY SENATORS THOMPSON, ALLAIN, GALLOT, LONG AND RISER Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. 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 (B)(1), the introductory paragraph of 1449(A),9 (A)(1) and (2), and (B), and R.S. 36:629(H), to enact R.S. 3:1431(31) and10 1446(B)(5), and to repeal R.S. 3:1421, 1432, 1444(11) and Part II of Chapter 11 of11 Title 3 of the Louisiana Revised Statutes of 1950, comprised of R.S. 3:1551 and12 1552, and R.S. 36:629(C)(6), relative to the merger of the Feed, Fertilizer, and13 Agricultural Liming Commission and the Seed Commission; to create and provide14 for the membership of the Agricultural Chemistry and Seed Commission; to repeal15 the Seed Commission; to provide for definitions; to correct internal references; to16 provide relative to civil penalties and procedures for imposition of penalties; to17 repeal a duplicate provision related to the disposition of funds; to repeal the18 prohibition against relabeling seeds more than one time; to repeal bond requirements19 for agents of nurserymen; to provide for technical corrections; and to provide for20 related matters.21 ACT No. 26 SB NO. 168 ENROLLED Page 2 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Be it enacted by the Legislature of Louisiana:1 Section 1. The heading of Chapter 10-A and the heading of Part I of Chapter 10-A2 of Title 3 of the Louisiana Revised Statutes of 1950, and R.S. 3:1381(1), 1382(A) and (B),3 1407, 1430.13(A) and (D), the introductory paragraph of 1431, (1), (3), (4), and (17) through4 (30), 1433(A)(1)(b) and (f), the introductory paragraph of (3), (4), (5), and (7), 1434(1), (2),5 (4) and (5), 1435(1) through (4), and (6) through (8), the introductory paragraph of 1436 (1),6 (2)(a) and (5)(c), 1437(A), 1438, 1440, 1441, 1443, 1444(1), (2), (4), (5) and (8), 1445(A)(1)7 and (3), and (B)(2) and (3), 1446(A), the introductory paragraph of (B), and (B)(1), the8 introductory paragraph of 1449(A), (A)(1) and (2), and (B) are hereby amended and9 reenacted, and R.S. 3:1431(31) and 1446(B)(5) are hereby enacted to read as follows:10 CHAPTER 10-A. FEED AND, FERTILIZERS, AGRICULTURAL LIMING11 AND SEEDS12 PART I. FEED, FERTILIZER, AND AGRICULTURAL LIMING13 CHEMISTRY AND SEED COMMISSION14 §1381. Definitions15 In this Chapter, the following definitions shall apply:16 (1) "Commission" means the Feed, Fertilizer, and Agricultural Liming17 Chemistry and Seed Commission.18 * * *19 §1382. Commission; creation20 A.(1) There is hereby created, within the Department of Agriculture and21 Forestry, the Louisiana Feed, Fertilizer, and Agricultural Liming Chemistry and22 Seed Commission. to be composed of the commissioner of agriculture and forestry,23 the director of the Louisiana Agricultural Experiment Station, the director of the24 Louisiana Cooperative Extension Service, the president of Louisiana Farm Bureau25 Federation, Inc., the chairmen of the Livestock Advisory Committee and the Dairy26 Advisory Committee of the Louisiana Farm Bureau Federation, Inc., the president27 of the Louisiana Thoroughbred Breeder's Association, the president of the Louisiana28 Cattlemen's Association, the president of the Louisiana Ag Industries Association,29 or their duly authorized representatives, a person who owns or operates a feed30 SB NO. 168 ENROLLED Page 3 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. business which is not a member of the of the Louisiana Ag Industries Association,1 and an independent feed manufacturer domiciled in Louisiana. The commission2 shall consist of seven members as follows:3 (1) The commissioner of agriculture and forestry or his designee.4 (2) One member and an alternate, representing the Louisiana5 Agricultural Experiment Station, appointed by the commissioner and who shall6 serve at the pleasure of the commissioner. 7 (3) One member and an alternate, representing the Louisiana8 Cooperative Extension Service, appointed by the commissioner and who shall9 serve at the pleasure 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 is empowered to employ personnel, to purchase supplies, and to make such other30 SB NO. 168 ENROLLED Page 4 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. expenditures as may be necessary for enforcing this Chapter. The commission may1 appoint a director and assistant director of the feed program, and a director and an2 assistant director of the fertilizer program, and a director and assistant director of3 the seed program who shall be appointed by the commission, subject to the4 approval of the commissioner. The directors and assistant directors shall be in the5 unclassified service. All employees of the commission shall be under the6 supervision and direction of the commissioner.7 * * *8 §1407. Disposition of funds; Feed and Fertilizer Fund9 A.(1) All fees, assessments, penalties, and all other funds received by the10 commission under the provisions of Parts II and III of this Chapter, except for the11 deficiency assessments paid to the purchaser-user as provided for in R.S. 3:141512 and the consumer as provided for in R.S. 3:1430.13 and subject to the exceptions13 contained in Article VII, Section 9 of the Constitution of Louisiana, shall be14 deposited immediately upon receipt into the state treasury and shall be credited to the15 Bond Security and Redemption Fund.16 (2) Out of the funds remaining in the Bond Security and Redemption Fund17 after a sufficient amount is allocated from that fund to pay all obligations secured by18 the full faith and credit of the state which become due and payable within any fiscal19 year, the treasurer, prior to placing the remaining funds in the state general fund,20 shall pay an amount equal to the total amount of funds paid into the state treasury by21 the commission under the provisions of Parts II and III of this Chapter into a22 special fund which is hereby created in the state treasury and designated as the "Feed23 and Fertilizer Fund".24 (3) All unexpended and unencumbered monies in the fund at the end of each25 fiscal year shall remain in the fund. The monies in the fund shall be invested by the26 treasurer in the same manner as monies in the state general fund. All interest earned27 on monies from the fund invested by the state treasurer shall be deposited in the28 fund.29 B. Subject to appropriation, the monies in the Feed and Fertilizer Fund shall30 SB NO. 168 ENROLLED Page 5 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. be used for the following purposes:1 (1) To provide for the expenses of the programs established by this Parts II2 and III of this Chapter and the expenses of the office of agricultural and3 environmental sciences, as determined by the commissioner.4 (2) To renovate, maintain, and equip a building on the Baton Rouge campus5 of the Louisiana State University and Agricultural and Mechanical College to6 provide administrative offices and analytical laboratories to be used in connection7 with the programs established by Parts II and III of this Chapter.8 (3) To build, equip, and maintain a building to house the offices of the9 Department of Agriculture and Forestry.10 (4) To fund any and all costs related to the fulfillment of the powers,11 responsibilities, and purposes of Parts I, II and III of this Chapter.12 C. The Department of Agriculture and Forestry or the Louisiana Agricultural13 Finance Authority on behalf of the Department of Agriculture and Forestry may fund14 the anticipated funds appropriated from the Feed and Fertilizer Fund into revenue15 bonds for the purpose of renovating a building on the Baton Rouge campus of the16 Louisiana State University and Agricultural and Mechanical College to provide17 administrative offices and analytical laboratories to be used in connection with the18 programs established by Parts II and III of this Chapter and for the purpose of19 acquiring, constructing, renovating, and equipping buildings and related facilities for20 use by the Department of Agriculture and Forestry in connection with promoting and21 assisting agriculture and forestry in this state. The Department of Agriculture and22 Forestry may pledge those funds to secure the repayment of revenue bonds or to23 secure a lease or purchase agreement entered into in connection with the issuance of24 revenue bonds for those purposes.25 * * *26 §1430.13. Disposition of fees and penalties27 A. All fees and penalties provided for in this Chapter Part shall be paid to the28 commission and disposed of as provided in this Section.29 * * *30 SB NO. 168 ENROLLED Page 6 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. D. Out of the funds remaining in the Bond Security and Redemption Fund1 after a sufficient amount is allocated from that fund to pay all obligations secured by2 the full faith and credit of the state which become due and payable within any fiscal3 year, the treasurer, prior to placing the remaining funds in the state general fund,4 shall pay an amount equal to the total amount of the funds paid into the state treasury5 under the provisions of Parts II and III of this Chapter into the Feed and Fertilizer6 Fund. The funds are to be used for the expenses of the programs established for the7 purposes of Parts II and III of this Chapter and for the other purposes for which8 funds in the Feed and Fertilizer Fund may be used as determined by the9 commissioner.10 §1431. Terms defined11 As used in this Chapter Part, the following terms have the meanings given:12 (1) "Advertisement" means all representations, other than those on the label,13 disseminated in any manner or by any means, relating to seed within the scope of this14 Chapter Part.15 * * *16 (3) "Certified seeds", "registered seeds", and "foundation seeds" are seeds17 which have been inspected and sampled during their period of growth and18 preparation for market by the commissioner, or by the inspection official of the state19 in which the seeds were grown, and which have been found to conform to the20 regulations issued by the commission under this Chapter Part.21 (4) "Commission" means the Agricultural Chemistry and Seed22 Commission.23 * * *24 (17) "Minor violation" means a violation of noncompliance that does not25 create a competitive disadvantage for licensees in full compliance, is not a26 violation that adversely affects human health, safety or the environment, is not27 a violation performed with malicious, deliberate or fraudulent intent, and is not28 a repetitive violation.29 (18) "Mixed seeds" are seeds of more than one kind or variety when each30 SB NO. 168 ENROLLED Page 7 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. kind or variety is present in excess of five percent of the whole.1 (18)(19) "Noxious weeds" are weeds which that are highly destructive and2 difficult to control by good cultural practices and the use of herbicides.3 (19)(20) "Origin" means place, state, or foreign country where grown.4 (20)(21) "Other crop seeds" are the seeds of all kinds or varieties not of the5 kind or variety declared on the label.6 (21)(22) "Person" means any individual, firm, corporation, association, or7 partnership.8 (22)(23) "Prohibited noxious weed seeds" means any weed seeds which that9 are prohibited from being present in agricultural, vegetable, flower, tree, or shrub10 seed.11 (23)(24) "Pure seeds" are all seeds of the kind and variety under12 consideration, whether shriveled, cracked, or otherwise injured, and pieces of seeds13 larger than one-half the original size.14 (24)(25) "Retail seedsman" means any person who sells seed at retail directly15 to the consumer either in quantities of not less than one pound or any quantity16 including closed containers of less than one pound.17 (25)(26) "Seed" is a propagative part of a plant capable of producing a new18 plant, including but not limited to those parts commonly referred to as seeds, bulbs,19 roots, tubers, and other propagating stock.20 (26)(27) "Stop order" is any written or printed notice given by the21 commissioner of the Department of Agriculture and Forestry or his authorized22 agents, to the person with a lot of seed, directing the person not to sell or offer for23 sale the seed until the requirements of this Chapter Part and regulations promulgated24 hereunder have been complied with and a written release is issued. Such seeds may25 be released for sale as feed.26 (27)(28) "Treated" means that the seed has received an application of a27 substance or that it has been subjected to a process for which a claim is made.28 (28)(29) "Variety" is a subdivision of a kind characterized by growth, plant,29 fruit, seed, or other characteristic by which it can be differentiated from other seeds30 SB NO. 168 ENROLLED Page 8 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. of the same kind.1 (29)(30) "Vegetable seeds" are seeds of vegetable crops grown in gardens or2 on truck farms.3 (30)(31) "Weed seeds" are seeds of all plants that are considered to be4 undesirable or troublesome in an area where the plant is not wanted.5 * * *6 §1433. Powers and duties of seed responsibilities of commission7 A. The commission shall:8 (1)(a) * * *9 (b) Establish the standards and tolerances to be allowed in the administration10 of this Chapter Part;11 * * *12 (f) Make all rules and regulations pertaining to the enforcement of this13 Chapter Part.14 * * *15 (3) In making rules and regulations, give consideration to the following with16 respect to each kind of seed or other propagating stock regulated by this Chapter17 Part:18 * * *19 (4) Hold hearings on alleged violations of the provisions of this Chapter Part20 or of the rules and regulations adopted pursuant to this Chapter Part.21 (5) Advise the commissioner on the civil penalties to be imposed or the22 injunctive or other civil relief to be sought to punish and restrain violations of the23 provisions of this Chapter Part or of the rules and regulations adopted pursuant to24 this Chapter Part.25 * * *26 (7) Declare plants to be weeds or noxious weeds in all or part of the state and27 to prohibit, restrict, or regulate the sale, distribution, movement, and use of weed28 seeds or noxious weed seeds by regulations adopted pursuant to this Chapter Part.29 * * *30 SB NO. 168 ENROLLED Page 9 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §1434. Powers and duties of the commissioner of agriculture1 The commissioner shall:2 (1) Enforce this Chapter Part and all rules and regulations made and adopted3 by the commission.4 (2) Sample, inspect, test, and make analyses of agricultural, vegetable, and5 flower seeds transported, offered for sale, sold, or distributed in Louisiana for6 planting purposes; determine whether the seeds are in compliance with this Chapter7 Part and with rules and regulations made under this Chapter Part; and notify8 promptly the person who transported, distributed, sold, or offered for sale the seeds9 of any violation.10 * * *11 (4) Require reports necessary to administer this Chapter Part and rules and12 regulations made under this Chapter Part.13 (5) Collect, administer, and disburse the proceeds of the assessment, fees,14 interest, penalties, and other monies collected pursuant to this Chapter Part.15 §1435. Authority of the commissioner16 The commissioner may:17 (1) Employ agents necessary to enforce this Chapter Part and the rules and18 regulations made under this Chapter Part.19 (2) In order to have access to seeds subject to this Chapter Part, enter, during20 regular business hours, any public or private premises where agricultural, vegetable,21 or flower seeds or other propagating stock is sold, offered for sale, or distributed.22 (3) Issue and enforce a stop order to the person with a lot of seed or other23 propagating stock which that the commissioner finds, or has good reason to believe,24 is in violation of this Chapter Part or the rules and regulations made under this25 Chapter Part.26 (4) Establish and maintain a seed laboratory; employ a State seed analyst,27 other analysts, and other personnel whose work he shall direct and supervise; and28 incur such other expenses necessary to comply with this Chapter Part.29 * * *30 SB NO. 168 ENROLLED Page 10 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (6) Enter, either directly or through a duly authorized agent, the premises of1 any person producing, processing, distributing, or selling seeds and examine that2 person's books, accounts, and records, and obtain any other information necessary,3 for purposes of enforcing the provisions of this Chapter Part and the regulations4 adopted pursuant to this Chapter Part.5 (7) Seek and obtain injunctive or other civil relief to restrain and prevent6 violations of this Chapter Part, or rules and regulations adopted pursuant to this7 Chapter Part, or orders and rulings issued by the commissioner pursuant to this8 Chapter Part.9 (8) Institute civil proceedings to enforce his orders or rulings, collect any10 assessments, late fees, fines, penalties, or costs due under this Chapter Part or to11 otherwise enforce the provisions of this Chapter Part or rules and regulations12 adopted pursuant to this Chapter Part.13 §1436. Labeling of seeds14 Each container of agricultural, vegetable, or flower seeds, or other15 propagating stock, which that is sold or offered for sale in Louisiana for planting16 purposes shall bear thereon or have attached thereto in a conspicuous place a label17 plainly written or printed in the English language. The label shall give the following18 information:19 (1) For all agricultural, vegetable, and flower seeds treated as defined in this20 Chapter Part for which a separate label may be used:21 * * *22 (2) On agricultural seeds:23 (a) Except as otherwise provided herein, the commonly accepted name of the24 kind and variety of each agricultural seed component in excess of five percent of the25 whole, and the percentage of weight of each in the order of its predominance. The26 provisions of this Subparagraph shall not prohibit the sale of wheat and oat seeds27 which that are labeled "variety not stated" and which that meet the other28 requirements of this Chapter Part. The commission may adopt rules and regulations29 governing the sale and labeling of variety not stated wheat and oat seeds. Hybrids30 SB NO. 168 ENROLLED Page 11 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. shall be labeled as hybrids.1 * * *2 (5) On vegetable seeds in containers of one pound or less which that3 germinate less than the standards established by the commission under the provisions4 of R.S. 3:1433(3)(a):5 * * *6 (c) The word "Substandard Below Standard" in not less than eight-point7 type.8 * * *9 §1437. Registration of seed dealers10 A. Every person, except persons exempt by R.S. 3:1446 3:1445, who sells,11 distributes, or offers or handles for sale agricultural, vegetable, or flower seeds or12 other propagating stock of one pound or more in weight shall register with the13 commissioner as a seed dealer. Every seed dealer shall register the number and14 location of each place of business at which the seeds are sold, distributed, or offered15 or handled for sale. The commissioner shall issue to the registered seed dealer a16 license to engage in the business.17 * * *18 §1438. Suspension or revocation of seed dealer license19 Any licensee who violates any of the provisions of this Chapter Part or the20 regulations adopted under the provisions of this Chapter Part shall be subject to21 having his license suspended, revoked, or placed on probation, in addition to any22 other penalties authorized by this Chapter Part.23 * * *24 §1440. Stop order25 A stop order shall prohibit further sale, exchange, movement, or distribution26 of seeds included in the order until the commissioner is satisfied that this Chapter27 Part and rules and regulations of the commission have been complied with and the28 commissioner has issued a written release to the person with such seed. After a stop29 order is given, the person receiving the stop order shall have thirty days within which30 SB NO. 168 ENROLLED Page 12 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. to comply and to obtain a written release of the order. This Section shall not prevent1 the commissioner from proceeding in accordance with other Sections in this Chapter2 Part.3 §1441. Seizure4 When the commissioner issues a stop order to a person with a lot of seed and5 such person fails to comply with this Chapter Part or the regulations of the6 commission, the commissioner shall seize the lot of seed and shall destroy the lot7 within thirty days, or shall dispose of it in the manner prescribed by the rules and8 regulations made by the commission.9 §1443. Disclaimer or nonwarranty clause of no effect10 The use of a disclaimer or nonwarranty clause in any invoice, advertisement,11 or label pertaining to seeds shall not exempt a person from the provisions of this12 Chapter Part.13 §1444. Prohibitions14 No person shall:15 (1) Sell, offer for sale, transport, or distribute any agricultural, vegetable, or16 flower seeds unless the seeds have been tested in accordance with the rules and17 regulations adopted by the Agricultural Chemistry and Seed Commission. The18 commission by rule may require information relative to the test to be affixed to the19 packaging of the seeds.20 (2) Sell, offer for sale, transport, or distribute any agricultural, vegetable or21 flower seeds which that are not labeled in accordance with this Chapter Part or22 which that have false or misleading labeling.23 * * *24 (4) Sell, offer for sale, transport, or distribute any agricultural seeds25 containing noxious weed seeds, subject to tolerances and methods of determinations,26 in excess of those prescribed under this Chapter Part.27 (5) Detach, deface, destroy, or use a second time any label provided for in28 this Chapter Part or the rules and regulations made by the commission.29 * * *30 SB NO. 168 ENROLLED Page 13 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (8) Obstruct in any way any authorized person in the performance of his1 duties under this Chapter Part.2 * * *3 §1445. Exemptions4 A. The provisions of R.S. 3:1436 shall not apply:5 (1) To common carriers with respect to seeds transported in the ordinary6 course of business as a carrier. R.S. 3:1436 shall apply to carriers engaged in7 processing or merchandising seeds subject to the provisions of this Chapter Part.8 * * *9 (3) To agricultural seeds when grown, sold, and delivered by the producer10 on his own premises when the growing of crops for reproductive purposes is not the11 primary farming occupation of the producer. If the seeds are advertised for sale12 through any medium or if the seeds are delivered by a common carrier, except for the13 purpose of recleaning, they shall be labeled in accordance with this Chapter Part.14 B. The provisions of R.S. 3:1444 shall not apply:15 * * *16 (2) To seeds in storage in, consigned to, or being transported to seed cleaning17 or processing establishments for cleaning and processing only. Any labeling or18 representation which that is made with respect to the unclean seeds shall be subject19 to this Chapter Part.20 (3) To agricultural seeds when grown, sold, and delivered by the producer21 on his own premises when the growing of crops for reproductive purposes is not the22 primary farming occupation of the producer. If the seeds are advertised for sale23 through any medium or if the seeds are delivered by a common carrier, except for the24 purpose of recleaning, they shall be labeled in accordance with this Chapter Part.25 * * *26 §1446. Penalty for violation; procedures for imposition of penalties27 A. Whoever violates this Chapter Part or the rules and regulations made28 under this Chapter Part shall may be subject to a civil penalty of not more than five29 hundred dollars for each act of violation and for each day of violation. Each day on30 SB NO. 168 ENROLLED Page 14 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. which a violation occurs shall be a separate offense.1 B. Penalties may be assessed only by a ruling of the commission based upon2 an adjudicatory hearing held in accordance with the provisions of the Administrative3 Procedure Act and this Chapter Part as follows:4 (1) The commission shall be convened by the commissioner for the purpose5 of hearing any alleged violation of this Chapter Part or any rule and regulation6 adopted pursuant to this Chapter Part.7 * * *8 (5) Nothing in this Section shall be construed as requiring the9 commission to institute adjudicatory proceedings for minor violations of this10 Part when the department believes that the public interest will best be served11 by a suitable notice of noncompliance in writing.12 * * *13 §1449. Disposition of funds; Seed Commission Fund14 A. All assessments, fees, penalties, and other funds received under the15 provisions of this Chapter Part shall be disposed of in accordance with the following16 provisions:17 (1) All assessments, fees, penalties, and all other funds received under the18 provisions of this Chapter Part, subject to the exceptions contained in Article VII,19 Section 9 of the Constitution of Louisiana, shall be deposited immediately upon20 receipt into the state treasury and shall be credited to the Bond Security and21 Redemption Fund.22 (2) Out of the funds remaining in the Bond Security and Redemption Fund23 after a sufficient amount is allocated from that fund to pay all obligations secured by24 the full faith and credit of the state which that become due and payable within any25 fiscal year, the treasurer, prior to placing the remaining funds in the state general26 fund, shall pay an amount equal to the total amount of funds paid into the state27 treasury under the provisions of this Chapter Part into a special fund which is hereby28 created in the state treasury and designated as the Seed Commission Fund.29 * * *30 SB NO. 168 ENROLLED Page 15 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. B. Subject to appropriation, the monies in the fund shall be used for the1 following purposes:2 (1) To provide for the expenses of the program established by this Chapter3 Part, as determined by the commission commissioner.4 (2) To fund any and all costs related to the carrying out of the powers and5 duties granted to the commission and the commissioner of agriculture and forestry6 under this Chapter Part.7 Section 2. R.S. 36:629(H) is hereby amended and reenacted to read as follows:8 §629. Transfer of boards, commissions, departments, and agencies to the9 Department of Agriculture and Forestry10 * * *11 H. The Louisiana Feed, Fertilizer, and Agricultural Liming Chemistry and12 Seed Commission (R.S. 3:1381 et seq.) is placed within the Department of13 Agriculture and Forestry and shall perform and exercise its powers, duties, functions,14 and responsibilities as provided by law.15 * * *16 Section 3. R.S. 3:1421, 1432, 1444(11) and Part II of Chapter 11 of Title 3 of the17 Louisiana Revised Statutes of 1950, comprised of R.S. 3:1551 and 1552, are hereby repealed18 in their entirety. 19 Section 4. R.S. 36:629(C)(6) is hereby repealed in its entirety. 20 Section 5. The Louisiana State Law Institute is hereby directed to redesignate21 Subparts I and II of Part III of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of22 1950, as Subparts A and B of Part III of Chapter 10-A of Title 3 of the Louisiana Revised23 Statutes of 1950.24 Section 6. The Louisiana State Law Institute is hereby directed to redesignate Part25 I of Chapter 11 of Title 3 of the Louisiana Revised Statutes of 1950, comprised of R.S.26 3:1431 through 1449, as amended and reenacted by this Act, as "Part IV. Seeds" of Chapter27 10-A of said Title.28 Section 7. This Act shall become effective upon signature by the governor or, if not29 signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 168 ENROLLED Page 16 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1 vetoed by the governor and subsequently approved by the legislature, this Act shall become2 effective on the day following such approval.3 PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: