2023 Regular Session ENROLLED
SENATE BILL NO. 28
BY SENATOR CATHEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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.
18 B. (1) Grain shall be graded by a state or federally certified grader.
19 (2) The commission may certify shall certify grain samplers and graders.
20 The commission may conduct courses of instruction in the methods of sampling and
21 grading grain in one or more locations throughout the state. Each person who
22 displays an adequate knowledge of sampling and grading grain which is satisfactory
23 to the commission shall be issued a certificate.
24 (3) Grain samplers and graders may have their state certification
25 suspended or revoked for failure to comply with the provisions of this Chapter
ACT No. 202
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1 or the rules and regulations adopted pursuant thereto by a ruling of the
2 commission based upon an adjudicatory hearing held in accordance with the
3 Administrative Procedure Act.
4 * * *
5 D. Each grain dealer who issues grades for grain shall retain each sample of
6 grain received from a producer which is subject to excessive deductions. The
7 commission by rule shall determine the level of deductions which are excessive for
8 each type of grain. This determination shall include deductions for all causes and
9 shall be based upon the numerical grades determined for each type of grain by the
10 United States Department of Agriculture, Federal Grain Inspection Service.
11 Samples of grain which are subject to excessive deductions shall be retained in
12 separate containers and shall be retained for five days from the date the sample was
13 graded.
14 * * *
15 L. The department shall inspect, classify, and grade all grain subject to this
16 Subsection grain in accordance with standards adopted by the United States
17 Department of Agriculture, Federal Grain Inspection Service, for sampling and
18 grading grain. The department may charge a fee for inspecting, classifying, and
19 grading grain. The fee shall be fixed by the commission by rule and shall be based
20 on the actual cost of providing the service. The provisions of this Subsection shall
21 not apply to grain sold for export nor to inbound grain intended for export shipment.
22
23 M.(1) The commission shall promulgate rules and regulations for the
24 administration of this Section. All rules and regulations shall be promulgated
25 in accordance with the Administrative Procedure Act.
26 (2) The commission shall commence the promulgation of rules and
27 regulations no later than August 1, 2023.
28 N. The provisions of this Section shall not apply to rice.
29 Section 2. This Act shall become effective upon signature by the governor or, if not
30 signed by the governor, upon expiration of the time for bills to become law without signature
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1 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
2 vetoed by the governor and subsequently approved by the legislature, this Act shall become
3 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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