Louisiana 2017 2017 Regular Session

Louisiana House Bill HB593 Chaptered / Bill

                    ENROLLED
ACT No. 69
2017 Regular Session
HOUSE BILL NO. 593
BY REPRESENTATIVE PUGH
1	AN ACT
2 To amend and reenact R.S. 3:2358.1, 2358.2(B), 2358.3, 2358.7(A), and 2358.13, to enact
3 R.S. 3:2358.4(D), and to repeal R.S. 3:2358.5, 2358.6, 2358.7(B), 2358.8, 2358.9,
4 2358.10, 2358.11, and 2358.12, relative to the regulation of turtles; to provide for
5 rules and regulations; to provide for definitions; to provide for licensing fees; to
6 provide for records; to provide for violations; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 3:2358.1, 2358.2(B), 2358.3, 2358.7(A), and 2358.13 are hereby
9 amended and reenacted  and R.S. 3:2358.4(D) is hereby enacted to read as follows:
10 §2358.1.  Legislative findings
11	The purpose of this Part is to prevent the introduction into and dissemination
12 within this state of contagious and infectious diseases of turtles by providing for the
13 regulation, inspection, and control of farm-raised turtles, which activities are hereby
14 found and declared by the legislature to promote agriculture and aquaculture within
15 the state of Louisiana.
16 §2358.2.  Administration and enforcement; rules and regulations
17	*          *          *
18	B.  The commissioner shall adopt such rules and regulations as are necessary
19 to implement the provisions of this Part, including rules regarding breeding, disposal,
20 raising, identification, inspecting, licensing, monitoring, sanitization, shipping or
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1 transporting, testing, and quarantine of farm-raised turtles or turtle eggs.  The rules
2 and regulations shall be adopted in accordance with the Administrative Procedure
3 Act.
4	*          *          *
5 §2358.3.  Definitions
6	When used in this Part, the following terms shall have the following
7 meanings, unless the context clearly indicates otherwise:
8	(1)  "Antibiotic" means any bactericide or other organic substance which can
9 kill bacteria.
10	(2)  "Certificate of inspection" means a document which verifies species,
11 destination, turtle group number, and utilization of the Siebeling method and which
12 is signed by a veterinarian who is licensed in this state, federally accredited, and
13 approved by the Department of Agriculture and Forestry.  The certificate of
14 inspection shall be used for movement in intrastate commerce only.
15	(3)(1)  "Certified laboratory" means a laboratory which has a current
16 certification or accreditation by the Federal Food and Drug Administration or other
17 national certifying or accrediting agency to perform microbiological or residue
18 testing of organic or inorganic samples and has a microbiologist on staff, and has
19 been approved by the Department of Agriculture and Forestry.
20	(2)  "Chain of custody form" means a document approved by the department
21 which verifies species, destination, origin, and turtle group and which is used for
22 transporting turtles within the state of Louisiana only.
23	(4)(3)  "Commissioner" means the commissioner of the Department
24 Louisiana commissioner of agriculture and forestry.
25	(4)  "Farm-raised turtle" means any reptile of the order Testudines which is
26 bred, born, raised, or kept, by a licensed turtle farmer within a closed circumscribed
27 pond for the purpose of buying, selling, or trading in commerce.
28	(5)  "Health certificate" means a document which verifies a certificate of
29 inspection, attaches a laboratory report and certifies that the turtles or turtle eggs are
30 free of visible signs of infectious, contagious, or communicable diseases, and which
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1 is signed by a veterinarian who is licensed in this state, federally accredited and
2 approved by the Department of Agriculture and Forestry.  A health certificate shall
3 be required before turtles or turtle eggs may be shipped or transported or before they
4 are moved from a certified turtle farm into interstate commerce.  A health certificate
5 may be used in place of a certificate of inspection for movement of turtles or turtle
6 eggs in intrastate commerce.
7	(6)  "Licensed turtle farm" means any individual, firm, corporation, or entity
8 person engaged in the collection, hatching, sale, shipping, or distribution of farm-
9 raised turtles or turtle eggs using the Siebeling method or any other sanitization
10 method which may be required by the Department of Agriculture and Forestry.
11	(7)  "Person" means any individual, partnership, association, organization,
12 or corporation engaged in any phase of the pet farm-raised turtle industry.
13	(8)  "Siebeling method" means a process by which turtle eggs are cleaned,
14 their surfaces disinfected, and a bactericide forced through the pores of the shells
15 without violating the natural structural integrity of the shell, thereby rendering the
16 hatchling free of Salmonella Arizona, or any other species of bacteria harmful to
17 humans or other turtles.
18	(9)(8)  "Turtle group" means any amount, either multiple or single units,
19 consisting of no more than twenty thousand farm-raised turtles or turtle eggs.
20 §2358.4.  Licensing; fees; renewal
21	*          *          *
22	D.  Each person applying for a turtle farmer license shall complete a written
23 application as provided by the commissioner, pay the required license fee, and
24 comply with any other requirements for licensure required by the rules and
25 regulations adopted pursuant to this Part.
26	*          *          *
27 §2358.7.  Records
28	A.  Each licensed turtle farmer shall maintain accurate records including the
29 source, identity identification, treatment, health, inspection, and disposal of the farm-
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1 raised turtles and turtle eggs, as well as any other information that may be required
2 by the commissioner.
3	*          *          *
4 §2358.13.  Violations
5	Violations of this Part shall include but shall not be limited to the following:
6	(1)  Engaging in the farming of turtles or turtle eggs without first obtaining
7 a turtle farmer license.
8	(2)  Failing to dispose of all turtles or turtle eggs in a quarantined group as
9 provided in R.S. 3:2358.12.
10	(3)(2)  Shipping or moving farm-raised turtles or turtle eggs without a
11 certificate of inspection or a health certificate for any purpose other than testing the
12 required documentation.
13	(4)(3)  Commingling, transporting, shipping, or disposing of any diseased
14 turtles or turtle eggs from a farm which is under quarantine, without written approval
15 from the commissioner.
16	(5)(4)  Willfully failing to maintain complete and accurate records.
17	(6)(5)  Falsifying documents or records.
18	(7)(6)  Willfully failing to follow or willfully misapplying sanitization
19 methods.
20	(8)(7)  Importing of any turtles or turtle eggs of any species from any other
21 state or foreign country, except as provided in R.S. 3:2358.10 in the rules and
22 regulations promulgated pursuant to this Chapter.
23	(9)  Willfully disposing of improperly any antibiotic solution.
24	(10)(8)  Violating any provision of this Part or of any rule or regulation
25 adopted under the provisions of this Part.
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1 Section 2.  R.S. 3:2358.5, 2358.6, 2358.7(B), 2358.8, 2358.9, 2358.10, 2358.11, and
2 2358.12 are hereby repealed in their entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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