SLS 23RS-145 ENGROSSED
2023 Regular Session
SENATE BILL NO. 28
BY SENATOR CATHEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AGRICULTURAL COMMODITIES. Provides relative to grain sampling and grading.
(gov sig)
1 AN ACT
2 To amend and reenact R.S. 3:3414.3(A), (B), (D), and (L) and to enact R.S. 3:3414.3(M)
3 and (N), relative to grain sampling and grading; to provide for state certification of
4 grain samplers and graders by the Louisiana Agricultural Commodities Commission;
5 to require grain grading by a state or federally certified grader; to provide for
6 suspension or revocation of a state certification; to require the commission to
7 promulgate rules; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 3:3414.3(A), (B), (D), and (L) are hereby amended and reenacted and
10 R.S. 3:3414.3(M) and (N) are hereby enacted to read as follows:
11 ยง3414.3. Grain sampling and grading
12 A. The commission by rule shall adopt standards for sampling and grading
13 grain. The standards shall include tolerances for the interpretive element of grading.
14 The standards shall be consistent with the standards adopted by the United States
15 Department of Agriculture, Federal Grain Inspection Service, for sampling and
16 grading grain. The commission shall provide copies of any changes in the standards
17 to each grain dealer prior to the date the changes become effective.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 28
SLS 23RS-145 ENGROSSED
1 B. (1) Grain shall be graded by a state or federally certified grader.
2 (2) The commission may certify is responsible for the certification of grain
3 samplers and graders. The commission may conduct courses of instruction in the
4 methods of sampling and grading grain in one or more locations throughout the state.
5 Each person who displays an adequate knowledge of sampling and grading grain
6 which is satisfactory to the commission shall be issued a certificate.
7 (3) Grain samplers and graders may have their state certification
8 suspended or revoked for failure to comply with the provisions of this Chapter
9 or the rules and regulations adopted pursuant thereto by a ruling of the
10 commission based upon an adjudicatory hearing held in accordance with the
11 Administrative Procedure Act.
12 * * *
13 D. Each grain dealer who issues grades for grain shall retain each sample of
14 grain received from a producer which is subject to excessive deductions. The
15 commission by rule shall determine the level of deductions which are excessive for
16 each type of grain. This determination shall include deductions for all causes and
17 shall be based upon the numerical grades determined for each type of grain by the
18 United States Department of Agriculture, Federal Grain Inspection Service.
19 Samples of grain which are subject to excessive deductions shall be retained in
20 separate containers and shall be retained for five days from the date the sample was
21 graded.
22 * * *
23 L. The department shall inspect, classify, and grade all grain subject to this
24 Subsection grain in accordance with standards adopted by the United States
25 Department of Agriculture, Federal Grain Inspection Service, for sampling and
26 grading grain. The department may charge a fee for inspecting, classifying, and
27 grading grain. The fee shall be fixed by the commission by rule and shall be based
28 on the actual cost of providing the service. The provisions of this Subsection shall
29 not apply to grain sold for export nor to inbound grain intended for export shipment.
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1 M.(1) The commission shall promulgate rules and regulations for the
2 administration of this Section. All rules and regulations shall be promulgated
3 in accordance with the Administrative Procedure Act.
4 (2) The commission shall commence the promulgation of rules and
5 regulations no later than August 1, 2023.
6 N. The provisions of this Section shall not apply to rice.
7 Section 2. This Act shall become effective upon signature by the governor or, if not
8 signed by the governor, upon expiration of the time for bills to become law without signature
9 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
10 vetoed by the governor and subsequently approved by the legislature, this Act shall become
11 effective on the day following such approval.
The original instrument was prepared by Curry J. Lann. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Lebra Bias.
DIGEST
SB 28 Engrossed 2023 Regular Session Cathey
Present law (R.S. 3:3414.3) requires the La. Agricultural Commodities Commission
(commission) to adopt standards for sampling and grading grain that are consistent with the
standards adopted by the United States Department of Agriculture.
Proposed law clarifies that the standards adopted by the commission for sampling and
grading grain are consistent with the standards adopted by the United States Department of
Agriculture, Federal Grain Inspection Service.
Proposed law requires grain to be graded by a state or federally certified grader.
Present law authorizes the commission to certify grain samplers and graders.
Proposed law provides that the commission is responsible for the certification of grain
samplers and graders.
Proposed law authorizes the commission to suspend or revoke a state certification for failure
to comply with the provisions of present law or the rules adopted pursuant thereto based
upon an adjudicatory hearing held in accordance with the A.P.A.
Proposed law requires the Dept. of Agriculture and Forestry to inspect, classify, and grade
grain in accordance with standards adopted by the United States Department of Agriculture,
Federal Grain Inspection Service, for sampling and grading grain.
Proposed law requires the commission to promulgate rules in accordance with the A.P.A.
Requires the commission to commence the promulgation of rules no later than August 1,
2023.
Proposed law provides that provisions of proposed law shall not apply to rice.
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Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 3:3414.3(A), (B), (D), and (L); adds R.S. 3:3414.3(M) and (N))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill
1. Adds a Subsection to exclude proposed law from applying to rice.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.