SLS 25RS-137 ORIGINAL 2025 Regular Session SENATE BILL NO. 32 BY SENATOR ALLAIN Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. FARMING. Provides for limitation of liability related to the utilization of gypsum. (8/1/25) 1 AN ACT 2 To enact R.S. 3:1424, relative to gypsum utilization; to provide for limitation of liability to 3 agricultural producers and suppliers; to provide relative to gypsum analysis; and to 4 provide for related matters. 5 Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 3:1424 is hereby enacted to read as follows: 7 ยง1424. Gypsum; analysis; limitation of liability 8 A. The Legislature of Louisiana hereby finds: 9 (1) That gypsum, one of the earliest forms of fertilizer and soil 10 amendment used in the United States, is a byproduct of many manufacturing 11 facilities in Louisiana. 12 (2) Byproduct gypsum that is not recycled for other uses results in costly 13 on-site storage and disposal in landfills. 14 (3) Gypsum (calcium sulphate) is widely used in agricultural crop 15 production to provide essential plant nutrients and can improve overall plant 16 growth. 17 (4) Gypsum can also improve the physical properties of soils, reducing Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 32 SLS 25RS-137 ORIGINAL 1 erosion losses of soil and nutrient concentrations. 2 B. Any agricultural producer that utilizes gypsum, and any supplier of 3 gypsum to the agricultural producer, shall not be liable for any civil damages 4 arising out of the utilization of the gypsum if all the following requirements are 5 met: 6 (1) The requirements of this Section, and any rules and regulations 7 adopted pursuant to this Section, are complied with. 8 (2) The agricultural producer obtains gypsum, without any cost, from a 9 source where the gypsum is being stored as a byproduct of a manufacturing 10 process. 11 (3) The agricultural producer shall only use gypsum on his land or with 12 written authorization from the landowner once the gypsum is analyzed and 13 passes analytical tolerances established by the department, in consultation with 14 the Louisiana State University Agricultural Center. Such analysis shall be 15 conducted by an accredited laboratory. 16 C. The commissioner is authorized to promulgate rules and regulations 17 in accordance with the Administrative Procedure Act to implement the 18 provisions of this Section, including the establishment of analytical tolerances 19 for gypsum. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Mary Frances Aucoin. DIGEST SB 32 Original 2025 Regular Session Allain Proposed law provides for limitation of liability to agricultural producers that utilize gypsum and suppliers of gypsum to agricultural producers. Proposed law requires all of the following be executed to limit liability: (1)All requirements of proposed law and any rules or regulations adopted and are complied with. (2)The agricultural producer obtains gypsum at no cost from a source where the gypsum is being stored as a byproduct of a manufacturing process. (3)Agricultural producers must use gypsum that has been analyzed and passes analytical tolerances established by the department on his land or with written authorization Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 32 SLS 25RS-137 ORIGINAL from the landowner. Effective August 1, 2025. (Adds R.S. 3:1424) Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.