Part XXI. Diseases of Animals

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1. Breeding Bull—a bull less than 24 months of age in which there is no presence of both permanent central incisor teeth in wear if the bull has been commingled with breeding females; a bull less than 24 months of age in which there is the presence of both permanent central incisor teeth in wear; and a bull that is 24 months of age or older.

2. Virgin Bull—a bull less than 24 months of age in which both permanent central incisor teeth in wear are not present and that has never been commingled with breeding females.

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HISTORICAL NOTE: Promulgated by the Department of Agriculture, Livestock Sanitary Board, LR 11:230 (March 1985), amended LR 11:615 (June 1985), LR 12:289 (May 1986), amended by the Department of Agriculture and Forestry, Livestock Sanitary Board, LR 12:498 (August 1986), LR 14:217 (April 1988), LR 15:811 (October 1989), LR 16:391 (May 1990), LR 17:29 (January 1991), LR 18:840 (August 1992), LR 23:949 (August 1997), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 24:1677 (September 1998), LR 28:1170 (June 2002), amended by the Department of Agriculture and Forestry, Board of Animal Health, LR 34:2336 (November 2008), LR 35:

A. All veterinarians practicing veterinary medicine in this state shall report any of the diseases listed in this Section to the state veterinarian within 24 hours after making a diagnosis or tentative diagnosis of any such disease. The report may be made by telephone, fax, or electronic mail. The reportable diseases are: classical swine fever (hog cholera), anthrax, vesicular conditions, all equine encephalomyelitis conditions, transmissible spongiform encephalopathies (including chronic wasting disease, scrapie, bovine spongiform encephalopathy), pseudorabies (Aujeszky's Disease), tuberculosis, Brucellosis, rabies, strangles (Streptococcus equi equi), equine herpes virus 1, equine viral arteritis, spring viremia of carp, viral hemorrhagic septicemia, Newcastle disease and other paramyxovirus infections, avian influenza (highly pathogenic), ornithosis (chlamydiosis, psittacosis), Salmonellas (pullorum disease or fowl typhoid), infectious laryngotracheitis (other than vaccine induced), trichomoniasis, any disease classified by USDA as a foreign animal disease, or any other disease condition which may seriously threaten the any animal population of this state.

B. - E. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2093, R.S. 3:2094 and R.S. 3:2095.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Livestock Sanitary Board, LR 11:234 (March 1985), amended LR 11:615 (June 1985), amended by the Department of Agriculture and Forestry, Livestock Sanitary Board, LR 15:813 (October 1989), LR 16:391 (May 1990), LR 23:197 (February 1997), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 28:1170 (June 2002), LR 29:1460 (August 2003), amended by the Department of Agriculture and Forestry, Board of Animal Health, LR 34:2337 (November 2008), LR 35:

§339. Trichomoniasis Testing and Movement Requirements for Cattle

A. No bull that has tested positive for trichomoniasis shall be brought into this state for any purpose whatsoever.

B. No bull may be brought into this state without being accompanied by a negative test for trichomoniasis except for the following animals:

1. exhibition and rodeo bulls that are temporarily in the state only for the purpose of the event and will be leaving the state after the event;

2. bulls consigned to go directly to slaughter; and

3. virgin bulls.

C. A bull that is brought into this state without being accompanied by a negative test for trichomoniasis shall not be comingled with any cow unless the bull is tested and found to be negative for trichomoniasis prior to comingling.

D. All bulls, except exhibition and rodeo bulls, brought into this state shall be identified by one or more of the following means prior to importation:

1. Brucellosis ear tag;

2. official 840 radio frequency identification device (RFID);

3. official 840 flap or bangle tag;

4. official individual animal breed registry brand;

5. official individual animal breed registry tattoo; or

6. an official state of origin Trichomoniasis tag.

E. Virgin bulls, other than exhibition and rodeo bulls, brought into this state shall, in addition to any other required documentation, be accompanied by a certification of virgin status signed by the owner of the bull, or the owner's representative or a duly authorized veterinarian. The certification shall include the bull's individual identification. If the owner seeking to import the virgin bull into this state acquired the bull from a breeder or another owner then a certification of virgin status signed by the breeder and each prior owner of the bull, or their representative must also accompany the bull.

F. The requirements for testing bulls for trichomoniasis, whether in this state or to be imported into this state, are as follows.

1. All samples to be submitted for testing for Trichomoniasis shall be drawn by a certified accredited veterinarian.

2. The testing of samples shall be performed at an official laboratory or by a certified accredited veterinarian, qualified to test for Trichomoniasis.

3. Three separate official culture tests, each conducted not less than one week apart, or one Polymerase Chain Reaction test (PCR) shall be performed, no more than 30 days prior to entry of the bull into this state. Test samples shall not be pooled. A bull undergoing the three separate official culture tests must test negative on each such test to be considered free of trichomoniasis.

4. A positive result on any test shall immediately cause the bull to be classified as a trichomoniasis infected bull subject to the restrictions set out in these regulations.

5. A PCR test to confirm the presence of trichomoniasis may be requested in the event of a positive result on a test, but the request for the confirmatory test must be made within 5 days of notification of the positive test result.

a. If the confirming PCR test comes back negative then the bull is considered negative for trichomoniasis and may be moved as a negative bull.

b. If the confirming PCR test comes back positive then the bull shall be considered to be infected and subject to the restrictions set out in these regulations.

6. Bulls being tested for trichomoniasis shall be kept separate from female cattle at all times during the entire test period and from the completion of the test until importation into this state.

7. All test results for trichomoniasis, whether negative or positive, shall be reported to the state veterinarian within 24 hours after receipt of the results. When a positive test result is received the treating veterinarian shall consult with the state veterinarian on the first business day after receipt of the test results to determine a plan of action regarding the animal testing positive.

D. Bulls in Louisiana testing positive for trichomoniasis shall be subject to the following restrictions.

1. If a confirming PCR test is timely requested then the bull testing positive shall be segregated from all other cattle until the PCR test results are received.

2. A bull that has tested positive for trichomoniasis for which no confirming PCR test has been timely requested or which is confirmed by the PCR test to be infected with trichomoniasis shall be immediately isolated from and kept isolated from all other cattle, except for other known infected bulls and shall not be moved except as provided in these regulations.

3. An infected bull shall be moved directly to slaughter, or sold directly for slaughter through a livestock market, within 30 days from receipt of the positive results of the original test or the results of the confirming PCR test, whichever is later.

a. Movement of an infected bull shall be under a VS 1-27 permit issued by the testing veterinarian or the state veterinarian or his representative.

b. The VS 1-27 permit shall accompany the bull upon movement of the animal.

4. If an infected bull has been in a herd with other breeding bulls then the other breeding bulls shall automatically be under quarantine until they have tested negative for trichomoniasis.

a. All of the other breeding bulls shall be immediately separated from, and kept separate from, all female cattle and from all virgin bulls or other breeding bulls that have tested negative for trichomoniasis.

b. Each breeding bull that has been in a herd with an infected bull shall be tested for trichomoniasis.

c. Two PCR tests conducted at least seven days apart or three separate official culture tests, each conducted not less than one week apart, shall be performed on each bull. Test samples shall not be pooled. Each test conducted on a bull must show a negative result before the tested bull can be declared to be free of Trichomoniasis.

d. A bull that has tested negative shall be immediately removed from all of the other bulls that have not been tested, or for which the test results have not been received and shall be free of the hold or do not remove order.

e. A positive result on any test shall immediately cause the tested bull to be classified as a Trichomoniasis infected bull subject to the restrictions set out in these regulations.

f. A PCR test to confirm the presence of Trichomoniasis may be requested in the event of a positive result on a culture test, but the request for the confirmatory test must be made within 5 days of notification of the positive test result.

i. If the confirming PCR test comes back negative then negative then the bull is considered negative for trichomoniasis and may be moved as a negative bull.

ii. If the confirming PCR test comes back positive then the bull shall be considered to be infected and subject to the restrictions set out in these regulations.

E. A virgin bull or breeding bull that has tested negative for trichomoniasis but which has been comingled with cows that come from a known trichomoniasis infected herd shall not be moved to a herd not known to be infected or comingled with cows from such a herd unless the bull has been tested for trichomoniasis and has negative test results.

F. A violation of these regulations shall subject the violator to the following actions:

1. imposition by the board of a maximum $1,000 civil penalty for each violation, with each day being a separate violation, as provided by R.S. 3:2093 if the violation does not involve the bringing of infected bulls into this state or the transportation of infected bulls through or within this state;

2. imposition by the board of a maximum $5,000 civil penalty for each violation, with each day being a separate violation, as provide by R.S. 3:2097, if the violation involves the bringing of infected bulls into this state or the transportation of infected bulls through or within this state;

3. criminal prosecution under R.S. 3:2097 if the violation involves the bringing of infected bulls into this state or the transportation of infected bulls through this state, or within this state without a VS-127; conviction of which subjects the violator to a fine of not less that $5,000 but not more that $25,000, or imprisonment, with or without hard labor, for not less than 1 year but not more than 10 years, or both;

4. criminal prosecution under R.S. 14:133 if the violation involves the filing of a false public record; conviction of which subjects the violator to a fine of not more than $5,000, or imprisonment for not more than 5 years with or without hard labor, or both.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2093, 3:2095, and 3:2097.

HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Board of Animal Health, LR 35:

The impact of the proposed action regarding the rules and regulations set out in the Notice of Intent on family formation, stability, and autonomy has been considered. It is estimated that the proposed Rule will have no significant effect on the (1) stability of the family, (2) authority and rights of parents regarding the education and supervision of their children, (3) functioning of the family, (4) family earnings and family budget, (5) behavior and personal responsibility of children, or (6) ability of the family or a local government to perform the function as contained in the proposed Rule.

Interested persons may submit written comments, data, opinions, and arguments, whether for, against, or regarding these proposed regulations. Written submissions are to be directed to Dr. Henry Moreau DVM, Louisiana State Veterinarian, Department of Agriculture and Forestry, 5825 Florida Boulevard, Baton Rouge, LA 70806 and must be received no later than 4 p.m. on May 26, 2009
Mike Strain, DVM

Commissioner

RULE TITLE: Reporting of Trichomoniasis

It is estimated that there will be no significant implementation costs or savings to any such unit.

The proposed action provides for the reporting of trichomoniasis in cattle, restrictions on the entry of bulls into Louisiana, the testing of bulls for trichomoniasis and the movement of bulls testing positive for trichomoniasis. The proposed action is intended to help limit the spread of trichomoniasis into this state and to prevent the loss of cattle and money caused by this disease.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

It is estimated that there will be no significant effect on the revenue collections of any such unit. However, civil penalties of up to $5,000 per violation and criminal penalties of up to $25,000 could be imposed on persons violating these regulations. The civil penalties would be payable to the Department of Agriculture and Forestry and the criminal fines payable to the state courts.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

The estimated cost to a person who seeks to bring a bull into Louisiana is $100, payable to a private veterinarian, for testing each bull, if the bull has not been timely tested by the seller. There is no estimate of the number of bulls brought into this state in a given year.

The estimated economic cost of failing to implement these regulations to cattle owners or producers in Louisiana is over $150,000,000. This amount includes $112,000,000 that would be lost due to lower calf production, $22,400,000 lost through the diminished value of infected cows, and $19,200,000 lost from the diminished value of infected bulls. These amounts do not include the cost for replacement bulls and cows or the cost of vaccination, which is $10 for the initial vaccination of a cow and $5 for each yearly booster shot.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

It is estimated that there will be a significant effect on competition and employment. Louisiana cattle producers will be in a position to compete with cattle producers from other states by keeping cattle in this state free from Trichomoniasis. The control of Trichomoniasis will help maintain the number of cattle in this state, thereby providing continued employment for livestock producers, auction markets, cattle related businesses, and their employees. No preamble regarding these proposed regulations is available.

Definitions, Fees, Minimum Termite Treatment Specifications and Treatments for Wood Destroying Beetles

In accordance with provisions of the Administrative Procedure Act, R.S. 49:950 et seq., and the enabling statute, R.S. 3:3366, the Department of Agriculture and Forestry, Structural Pest Control Commission, proposes to amend regulations to define certain terms; to raise fees on wood destroying insect reports and contracts; provides minimum specifications for treatment for termite on new-construction; and to clarify treatment requirements for wood destroying beetles.

The structural pest control commission finds that the implementation of these amendments to rules and regulations are necessary to define and give clarity to terms used by the structural industry; to provide homeowners and pest control operators additional treatment options in new construction while still providing for minimum termite treatment specifications; to provide additional protection for consumers by requiring a 5 year damage repair guaranty; to raise the fees for wood destroying insect reports and contracts to allow for continued oversight of the pest control industry; and to clarify that treatment for wood destroying beetles must be based on a finding of an active infestation prior to the recommendation or application of such a treatment.

Title 7

AGRICULTURE AND ANIMALS

Part XXV. Structural Pest Control

Chapter 1. Structural Pest Control Commission

§101. Definitions

A. The definitions in R.S. 3:3362 are applicable to this Part.

B. The following words and terms are defined for the purposes of this Part.

Act—the Structural Pest Control Law, which is currently Part VII of Chapter 20 of Title 3 of the Louisiana Revised Statutes of 1950.

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1. Pre-Construction Treatment—a termiticide treatment for subterranean termites made with a commission approved termiticide prior to the stage of construction where a slab or concrete is poured or piers are being built or placed into position.

2. New-Construction Treatment—a termiticide treatment made with any commission approved termiticide(s) or baiting system that meets minimum specification requirements for that type of treatment and which is applied or installed during or after the stage of construction where a slab or concrete is poured or piers are being built or placed into position and up to 12 months after completion of construction.

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HISTORICAL NOTE: Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:323 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission LR 15:954 (November 1989), 17:251 (March 1991), LR 23:855 (July 1997), LR 30:1143 (June 2004), amended by the Department of Agriculture and Forestry, Office of Agriculture and Environmental Sciences, LR 31:26 (January 2005), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 32:796 (May 2006), repromulgated LR 32:1015 (June 2006), amended LR 33:39 (January 2007), LR 35:204 (February 2009), LR 35:

A. - I.1.l. …

m. total amount of product mixture applied;

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M. The fee for each standard contract and wood-destroying insect report that has been issued is $8. All such fees are due and payable to the department at the time the reports required by §119.E are due.

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Q. The pest control operator shall record the nature of the completion and the date of completion that construction of a structure is completed, as found in §101.B within the definition of construction, and maintain the date as part of the application records.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3366.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:327 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 15:956 (November 1989), LR 21:930 (September 1995), LR 23:855 (July 1997), LR 26:2437 (November 2000), LR 29:1062 (July 2003), amended by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Structural Pest Control Commission, LR 30:196 (February 2004), LR 31:2761 (November 2005), LR 35:

§119. Contracts for Termite Control Work

A. The licensee shall enter into a written contract for termite work with the property owner employing him. The contract shall:

1. be in a form provided or approved by the commission;

2. guarantee performance for a period of not less than 1 year after the treatment is made;

3. guarantee treatment of the structure(s) in accordance with minimum specifications for termite control work set forth in §141 hereof;

4. provide for at least one inspection of all unobstructed or accessible areas outside of the structure(s) prior to expiration of the agreement;

5. include an inspection diagram;

6. provide for the treatment of all subterranean termites; and

7. include a damage repair warranty and be exclusive to the property owner for 5 years subject to the terms and conditions of the contract, if the contract is for pre construction or new construction termiticide treatment.

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F. The licensee or permittee shall pay to the department the required fee for each standard contract issued when the required monthly report is filed with the department.

G. Termite treatment contracts that include termite monitoring stations shall include a contract addendum that provides the number of monitoring station(s) and the frequency of inspection(s). The contract addendum shall be approved by the commission prior to its use.

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AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3366 and R.S. 3:3370.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:328 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 15:957 (November 1989), LR 26:2437 (November 2000), LR 27:1179 (August 2001), LR 27:2084 (December 2001), LR 28:1171 (June 2002), amended by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Structural Pest Control Commission, LR 30:196 (February 2004), LR 30:1144 (June 2004), amended by the Department of Agriculture and Forestry, Office of Agriculture and Environmental Sciences, LR 31:26 (January 2005), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 35:

§141. Minimum Specifications for Termite Control Work

A. - A.4.b. ...

B. Requirements for Trench and Treat

1. All trenches must be approximately 4 inches wide at the top angled toward the foundation and sufficiently deep (approximately 6 inches) to permit application of the required chemical. Apply the product mixture into the trench at the rate and manner prescribed on the label and labeling. Rodding will be acceptable only when trenching will damage flowers and/or shrubs.

C. - C.7.d. …

8. Ground Treatment

a. …

b. All trenches must be approximately 4 inches wide at the top, angled toward the foundation and sufficiently deep (approximately 6 inches) to permit application of the required chemical. Apply the product mixture into the trench at a rate and manner prescribed on the label and labeling. Rodding will be acceptable where trenching will damage flowers and/or shrubs. Maximum distance between rod holes shall be 4 inches.

D. Treatment of Existing Slab-Type Construction

1. Ground Treatment

a. ...

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E. Pre-Treatment of Slabs

1. The licensee shall report the completion of the application to the outside of the foundation to the department on the termite perimeter application form. Within 12 months after initial treatment, the outside perimeter of the foundation, will be treated as follows:

a. trench around the entire perimeter of the structure being treated, adjacent to the foundation wall. All trenches must be approximately 4 inches wide at the top, angled toward the foundation and sufficiently deep (approximately 6 inches) to permit application of the required chemical. Apply the product mixture into the trench at a rate and manner prescribed on the label and labeling. Rodding will be acceptable where trenching will damage flowers and/or shrubs. Maximum distance between rod holes shall be 4 inches;

b. rod under or drill through any slab(s) adjoining or abutting the initial pre-treated slab and treat all areas beneath adjoining or abutting slab(s) as per label and labeling instructions. When any slab(s) is drilled, the holes must be no more than 18 inches (unless label requires closer distance) apart along the above stated areas.

2. If, during the treatment of any area which will be beneath a slab foundation, the operator must leave the site for any reason prior to the completion of the application, the operator must prominently display a poster, furnished by the department, which states that the treatment of the area under the slab is not complete.

3. All pre-treatment of slabs must be called or faxed to the department’s district office in which the pretreat occurs, a minimum of 1 hour prior to beginning the application of termiticides. The information provided shall include treatment company name; treatment structure street address, city, parish; directions to the property being pre-treated; date and time of beginning the application of termiticides to the property; square or linear footage of each structure to be treated; and number of structures. All pest control operators must keep a log of all pretreats including the information noted. The following is a list of parishes in each of the department's seven district offices. Pre-treatments in a parish shall be called into the corresponding district office.

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f. Baton Rouge District―Pointe Coupee, West Feliciana, East Feliciana, St. Helena, Tangipahoa, Washington, St. Tammany, Livingston, St. James, Lafourche, Terrebonne, Assumption, Ascension, Iberville, West Baton Rouge, and East Baton Rouge.

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7. Ground monitoring and bait stations, used as monitors, shall be inspected bi-monthly, not to exceed

8. When there is termite feeding on any bait and/or monitoring station(s) at the contracted structure; all above ground bait stations and ground monitoring and bait stations shall be inspected bi-monthly, not to exceed 65 days from the date of installation or last inspection and such inspections shall continue until there is no termite feeding on any bait and\or monitoring station, in any station, at the contracted structure for 90 days from the date of installation or last inspection; When there is no termite feeding on any bait or monitoring station for 90 days from the date of installation or last inspection; monitor as required in LAC 7:XXV.141.J.9.

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M. Requirements for Borates treatments.

1. Treat according to the borate label.

2. A perimeter soil treatment shall be applied within 12 months after initial treatment, the outside perimeter of the foundation, shall be treated as follows:

a. trench around the entire perimeter of the structure being treated, adjacent to the foundation wall. All trenches must be approximately 4 inches wide at the top, angled toward the foundation and sufficiently deep (approximately 6 inches) to permit application of the required chemical. Apply the product mixture into the trench at a rate and manner prescribed on the label and labeling. Rodding will be acceptable where trenching will damage flowers and/or shrubs. Maximum distance between rod holes shall be 4 inches;

b. rod under or drill through any slab(s) adjoining or abutting the slab and treat all areas beneath adjoining or abutting slab(s) as per label and labeling instructions. When any slab(s) is drilled, the holes must be no more than 18

inches (unless label requires closer distance) apart along the above stated areas;

3. treat bath traps as per termiticide label and labeling or as follows:

a. if the soil in a trap does not reach the bottom of the slab, the trap must be filled to within 2 inches of the top of the slab with soil prior to treatment. Treat bath trap(s) as required by label and labeling;

b. a tar filled bath trap must also be drilled and treated as required by label and labeling;

c. if bath trap is solid concrete pour, it must be drilled and treated as close as practical to the bathtub plumbing;

4. if, during the treatment of any area, the operator must leave the site for any reason prior to the completion of the application, the operator must prominently display a poster at the treatment site, which states that the treatment of the area is not complete;

5. the treatments of structures required in this section shall be called or faxed to the department's district office in which the treatment occurs, a minimum of one hour prior to beginning the application of termiticides. The information provided shall include: treatment company name; treatment structure street address, city, parish; directions to the property being pre-treated; date and time of beginning the application of termiticides to the property; square or linear footage of the each structure to be treated; and number of structures. Permitees or licensees shall keep a log of all pretreats including the information noted. The following is a list of parishes in each of the department's seven district offices. Treatments in a parish shall be called into the corresponding district office:

a. Shreveport District―Caddo, Bossier, Webster, Claiborne, Bienville, Red River, and Desoto;

b Monroe District―Union, Morehouse, West Carroll, East Carroll, Madison, Richland, Ouachita, Lincoln, Jackson, Winn, Caldwell, Franklin, Tensas, Concordia, and Catahoula;

c. Alexandria District―Sabine, Natchitoches, Grant, LaSalle, Avoyelles, Rapides, and Vernon;

d. Crowley District―Beauregard, Allen, Acadia, Jefferson Davis, Cameron, Calcasieu;

e. Opelousas District―Evangeline, St. Landry, St. Martin, Iberia, St. Mary, Vermillion, and Lafayette;

f. Baton Rouge District―Pointe Coupee, West Feliciana, East Feliciana, St. Helena, Tangipahoa, Washington, St. Tammany, Livingston, St. James, Lafourche, Terrebonne, Assumption, Ascension, Iberville, West Baton Rouge, and East Baton Rouge;

g. New Orleans District―St. John the Baptist, St. Charles, Jefferson, Orleans, St. Bernard, and Plaquemines;

6. all borate treatments shall be contracted and reported as provided by R.S. 3:3370 and §119.E of this Part and the fee for each such contract shall be paid in accordance with §119(F) of this Part;

7. records of contracts, graphs, monitoring (if required), and applications shall be kept as required by §117.I;

8. all retreatments shall be as required by §141.L of this Part;

9. the permittee or licensee shall report the completion of the application to the outside of the foundation to the department on the termite perimeter application form.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3366.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:330 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 15:958 (November 1989), LR 20:644 (June 1994), LR 21:931 (September 1995), LR 23:1285 (October 1997), LR 25:235 (February 1999), LR 25:1620 (September 1999), LR 26:2437 (November 2000), LR 27:1180 (August 2001), LR 29:1063 (July 2003), LR 30:1145 (June 2004), repromulgated LR 30:1614 (August 2004), amended LR 35:207 (February 2009), LR 35:

A. An active infestation of wood destroying beetles, as described below, shall be found by the pest control operator prior to recommending entering into a contract, applying a treatment, or performing a service to control or eradicate the infestation.

1. Powder Post Beetle (Anobiidae and Lyctidae)

a. Power post beetle frass must be exuding or streaming from the holes on the outside of the wood or live larvae or pupae are found in the wood members.

2. Old House Borer (Hylotrupes bajulus)

a. The presence of live larvae or pupae, adult beetles or oblong exit holes with frass in pine or other softwoods will be evidence of active infestation of the old house borer.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3366.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:332 (April 1985), amended LR 35:

The impact of the proposed action regarding the rules and regulations set out in the Notice of Intent on family formation, stability, and autonomy has been considered. It is estimated that the proposed action will have no significant effect on the (1) stability of the family, (2) authority and rights of parents regarding the education and supervision of their children, (3) functioning of the family, (4) family earnings and family budget, (5) behavior and personal responsibility of children, or (6) ability of the family or a local government to perform the function as contained in the proposed Rule.

Interested persons may submit written comments, data, opinions, and arguments, whether for, against, or regarding these proposed regulations. Written submissions are to be directed to Larry LeJeune, Director of Pesticides and Environmental Programs, Department of Agriculture and Forestry, 5825 Florida Boulevard, Baton Rouge, LA 70806 and must be received no later than 4 p.m. on May 22, 2009. A public hearing will be held on these proposed amendments on May 27, 2009 at 9 a.m. at the address listed above.

No preamble regarding these proposed regulations is available.

Commissioner

There is estimated to be no costs or savings to local governmental units.

The proposed action define and clarify terms used by the structural industry; provide homeowners and pest control operators additional treatment options in new construction while still providing for minimum termite treatment specifications; provide additional protection for consumers by requiring a 5 year damage repair guaranty; to raise the fees for wood destroying insect reports and contracts from $6 to $8 to allow for continued oversight of the pest control industry and to protect home and property owners and other users of pest control products and services; and clarifies that treatment for wood destroying beetles must be based on a finding of an active infestation prior to the recommendation or application of such a treatment.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

The effect on the revenue collection of the Department is estimated to be $133,000 for the 09-10 fiscal year and $160,000 for each subsequent fiscal year. The proposed rule changes increase the wood destroying insect reports and contracts from $6 to $8. The department is projecting 80,000 reports and contracts being issued annually. Due to the effective date being August 2009, the current year estimate is lower than subsequent fiscal years. There is estimated to be no effect on the revenue of local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

The proposed rule changes will affect structural pest control operators due to the increase of the fee for wood destroying insect reports and termite contracts by $2 from $6 to $8. The approximately $160,000 aggregate cost to structural pest control operators will likely be spread over the approximately 600 pest control operators in the state.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There is estimated to be no effect on competition and employment.

Craig Gannuch	Robert E. Hosse
Assistant Commissioner	Staff Director
0904#070	Legislative Fiscal Office

NOTICE OF INTENT

Department of Civil Service

Board of Ethics

Financial Disclosure (LAC 52:I.1320)

In accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., notice is hereby given that the Department of Civil Service, Louisiana Board of Ethics, has initiated rulemaking procedures to make amendments to the Rules for the Board of Ethics to bring the rules into compliance with current statutory provisions and Act 1 of the 2008 First Special Legislative Session and Act 472 of the 2008 Regular Legislative Session.

Title 52

ETHICS

Directory: osr -> reg
reg -> Contents september 2009 I. Executive order
reg -> Contents october 2013 I. Executive orders
osr -> Table of Contents Title 7 agriculture and animals
osr -> Table of Contents Title 46 Professional and Occupational Standards
osr -> Table of Contents Title 46 Professional and Occupational Standards
osr -> Part I. Wildlife and Fisheries Commission and Agencies Thereunder 1
osr -> Chapter Purpose 2 §101. Introduction 2
osr -> Part V. Automotive Industry 1 Subpart Motor Vehicle Commission 1
reg -> Contents december 2010 I. Emergency rules

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