Part XXI. Diseases of Animals

A. Prior to entering Louisiana, all alternative livestock, except those being transported directly to a state or federally approved slaughter facility shall:

1. meet the health requirements promulgated in §107 and §2103 of this Part;

2. - B. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3101.

HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of the Commissioner, LR 24:282 (February 1998), amended LR 24:1675 (September 1998), amended by the Department of Agriculture and Forestry, Board of Animal Health, LR 35:

A. In order to prevent the introduction of Chronic Wasting Disease (CWD) in deer into this state, elk, black-tailed deer, mule deer, red deer, white-tailed deer, and any imported exotic deer as defined in LAC 7:XXI.1503 (collectively referred to in this Section as "deer") shall not be admitted into or transported through this state without the specific written authorization of the commissioner or his designee.

B. To obtain the specific written authorization to admit or transport deer into or through this state, a person must provide to the commissioner through the state veterinarian the following documentation or information as to each animal being admitted or transported.

1. A written request stating the number and type of deer to be admitted or transported, the origin of the deer, the destination of the deer, any stops made or anticipated to be made between the origination point and the final destination, the name and address of the requestor, the name and address of the owner of the deer and the reason for the admission or transportation of the deer.

2. Certification that each deer:

a. is from a herd that has participated in a recognized CWD surveillance and monitoring program for at least 36 months from states in which CWD has not been diagnosed, or is from a herd that has participated in a recognized CWD surveillance and monitoring program for at least 60 months from states in which CWD has been diagnosed; and

b. does not come from a herd that is within 25 miles of a herd in which CWD has been diagnosed within the previous 60 months, and does not come from a herd that is within 50 miles from the location in which CWD has been diagnosed within the previous 60 months in the free ranging population of deer; and

c. has been in the herd of origin for at least 60 months, or has been in the herd of origin for its entire life if younger than 60 months of age, or has originated from a monitored herd of equal status.

3. A certificate of veterinary inspection issued within the preceding 30 days.

4. A permit number obtained from the Louisiana Office of Animal Health Services by the veterinarian issuing the certificate of veterinary inspection.

C. The health requirements for admission of deer into this state under this Section are in addition to the health requirements for admission found in LAC 7:XXI.107, 7:XXI.1515, and 7:XXI.2101.

D. Deer that are moved or transported out of this state shall not be admitted back into or transported through this state without the specific written authorization of the commissioner or his designee and shall not be admitted into this state without meeting the health requirements for admission, as provided in this Section.

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 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.

The impact of the proposed Rule on small businesses as defined in the Regulatory Flexibility Act has been considered. It is estimated that the proposed action is not expected to have a significant adverse impact on small businesses. The agency, consistent with health, safety, environmental and economic welfare factors has considered and, where possible, utilized regulatory methods in the drafting of the proposed Rule that will accomplish the objectives of applicable statutes while minimizing the adverse impact of the proposed rule on small businesses.

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. Brent Robbins, Deputy Commissioner of the Department of Agriculture and Forestry, 5825 Florida Boulevard, Baton Rouge, LA 70806 and must be received no

later than 4 p.m. on the 26th day of October, 2009. No preamble regarding these proposed regulations is available.

Commissioner

It is estimated that there will be no implementation costs or savings to any such unit. The proposed administrative rule imposes a quarantine on the movement of deer into the state that was originally adopted on April 30, 2002 by the Livestock Sanitary Board, now the Louisiana Board of Animal Health. The adopted quarantine requires authorization from the commissioner of agriculture and forestry or his designee of the importation of white-tailed deer, imported exotic deer and other types of deer. The rule is intended to help prevent the introduction of Chronic Wasting Disease (CWD) and to prevent the loss of wild and farm-raised deer in Louisiana. Due to the proposed administrative rule mirroring the April 30, 2002 adopted quarantine, this rule merely codifies current practice.

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

It is estimated that there will be no effect on the revenue collections of any such unit.

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

It is estimated that there will be no effect on the costs to such persons or groups.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

It is estimated that there will be no effect on competition and employment.

Family Farm Credit (LAC 7:III.301-337)

In accordance with the Administrative Procedures Act, R.S. 49:950 et seq., and with R.S. 3:3, the commissioner of agriculture and forestry is intending on changing the name of Part III and repealing the Family Farm Credit Program regulations. The change of the name of Part III allows all regulations regarding agricultural finance programs to be in the same Part, thereby making it easier for the public to find these regulations. The Family Farm Credit Program regulations are to be repealed because the enabling statutes have been repealed and the Family Farm Credit Program abolished.

The Louisiana Family Farm Credit Program was enacted by the Legislature by Act 427 of 1980 as Chapter 3-A of

Title 3 of the Revised Statutes of 1950 (R.S. 3:251-259). The Family Farm Credit Program regulations were promulgated in May of 1981. The Louisiana Family Farm Credit Program was repealed by §8 of Act 662 of 1989. The regulations for the Family Farm Credit Program are, therefore, being repealed.

Title 7

Agriculture and Animals

Part III. Agricultural Finance

Chapter 3. Reserved

§301. Definitions

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:252 and R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:254 (May 1981), amended LR 7:623 (December 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:255 and R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:255 (May 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:257 and R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:255 (May 1981), amended LR 7:623 (December 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:257 and R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:255 (May 1981), amended LR 7:623 (December 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:256, R.S. 3:255 and R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:255 (May 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:253 and R.S. 3:256, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:255 (May 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:256 (May 1981), amended LR 7:623 (December 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:257 (May 1981), amended LR 7:623 (December 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:253 and R.S. 3:256, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:257 (May 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:253 and R.S. 3:256, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:258 (May 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:253, R.S. 3:256 and R.S. 3:257, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:258 (May 1981), amended LR 7:623 (December 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:257 and R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:258 (May 1981), amended LR 7:623 (December 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:257 and R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:258 (May 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:257 and R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:258 (May 1981), amended LR 7:624 (December 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:256 and R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:259 (May 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:256 and R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:259 (May 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:259 and R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:259 (May 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:253, R.S. 3:255, R.S. 3:256 and R.S. 3:257, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:259 (May 1981), amended LR 7:624 (December 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:253, repealed in accordance with R.S. 3:3.

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Family Farm Council, LR 7:260 (May 1981), repealed by the Department of Agriculture and Forestry, Office of the Commissioner, LR 36:

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.

The impact of the proposed Rule on small businesses as defined in the Regulatory Flexibility Act has been

considered. It is estimated that the proposed action is not expected to have a significant adverse impact on small businesses. The agency, consistent with health, safety, environmental and economic welfare factors has considered and, where possible, utilized regulatory methods in the drafting of the proposed rule that will accomplish the objectives of applicable statutes while minimizing the adverse impact of the proposed rule on small businesses.

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 Marvin Montgomery, General Counsel, Department of Agriculture and Forestry, 5825 Florida Boulevard, Baton Rouge, LA 70806 and must be received no later than 4:00 p.m. on the 26th day of October, 2009. No preamble regarding these proposed regulations is available.

Commissioner

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

The change of the name of Part III of Title 7 from “Agricultural Credit Corporation” to “Agricultural Finance” allows all regulations regarding agricultural finance programs to be in the same section of rules, thereby making it easier for the public to find these regulations.

The Family Farm Credit Program regulations are to be repealed because the enabling statutes have been repealed and the Family Farm Credit Program abolished. The Louisiana Family Farm Credit Program was enacted by the Legislature by Act 427 of 1980 as Chapter 3-A of Title 3 of the Revised Statutes of 1950 (R.S. 3:251- 259). The Family Farm Credit Program regulations were promulgated in May of 1981. The Louisiana Family Farm Credit Program was repealed by §8 of Act 662 of 1989. The regulations for the Family Farm Credit Program are, therefore, being repealed.

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

It is anticipated that there will be no impact on the revenue collections of any such unit.

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

It is anticipated that there will be no impact on the costs or economic benefits of directly affected persons or non-governmental groups.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

It is anticipated that there will be no impact on competition or employment.

NOTICE OF INTENT

Regional Awards and Matching Grant Awards Program

The Department of Economic Development, Office of the Secretary and Office of Business Development, as authorized by and pursuant to the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., and in accordance with R.S. 36:104 and 36:108 hereby give notice of their intent to adopt the following Rule of the Regional Awards and Matching Grant Awards Program.

The Department of Economic Development, Office of the Secretary and Office of Business Development, have found a need to amend the Rules for the Regional Awards and Matching Grant Awards Program in order to provide stable Regional Awards Program funding to eligible non-profit economic development organizations (EDOs) in their comprehensive and strategic marketing and/or recruitment plans for towns, cities, parishes and regions as a site for new Regional Awards and Matching Grant Awards, which will help to successfully secure the location, expansion, creation or retention of businesses for Louisiana and jobs for Louisiana citizens. This Rule will help to enhance the growth and stability of Louisiana's entrepreneurial business and/or industrial environment by making available regions to support this environment, and without this Rule the state may suffer the loss of business investment and economic development projects which would create or retain jobs that would improve the standard of living and enrich the quality of life for citizens of this state.

Title 13

ECONOMIC DEVELOPMENT

Part III. Financial Assistance Programs

Chapter 17. Regional Awards and Matching Grant Program

A. Regional awards shall be in an amount appropriated by the Louisiana Legislature to this program and shall be allocated to the eight regions of this state in accordance with the map to be provided by LED. The regions will closely approximate the regions of the state presently served by LED regional representatives. Subject to Subsection E below, each region shall receive such portion of the available amount in accordance with its percentage of population of the state as established by the most recent census of the state. The secretary of LED shall determine the association of the EDOs for each region with which the department will enter into a CEA through which deliverables reflective of the goals and objectives of this program shall be established. The EDO identified by the regional association and approved by LED as the fiduciary agent for the region shall be responsible for coordination within the region to provide for the delivery of certain administrative documents. The costs related to the production of these documents are to be

paid for using funds provided by Louisiana Economic Development (LED).

B. - D. …

E. Notwithstanding population percentages for each region, the minimum funding for any region is $150,000 provided that the appropriation for the Regional Awards Program is $1,800,000 or greater. In the event that the appropriation for the Regional Awards Program is less than $1,800,000, the secretary of LED is empowered to establish a funding distribution for the eight regional groups so as to ensure an appropriate distribution of resources. The secretary of LED is empowered to place caps on the maximum amount of funding a regional EDO shall receive so as to ensure an appropriate distribution of resources.

F. - I. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:104 and 36:108.

HISTORICAL NOTE: Promulgated by the Department of Economic Development, Office of the Secretary and Office of Business Development, LR 33:41 (January 2007), amended LR 35:635 (April 2009), LR 35:

This proposed Rule should not have any known or foreseeable impact on any family as defined by R.S. 49:972.D, or on family formation, stability and autonomy. There should be no known or foreseeable effect on: the stability of the family; the authority and rights of parents regarding the education and supervision of their children; the functioning of the family; on family earnings and family budget; the behavior and responsibility of children; or the ability of the family or a local government to perform the function as contained in the proposed Rule.

Interested persons may submit their written comments to Shawn Welcome by 5 p.m. on October 26, 2009 at 1045 North Third Street, Baton Rouge, LA 70802 or via email to Shawn.Welcome@la.gov.

A public hearing to receive comments on the Notice of Intent will be held on October 27, 2009 at 11 a.m. at the Department of Economic Development, 1051 North Third Street, Baton Rouge, LA 70802.

Undersecretary

The proposed rules will have no impact on state or local governmental expenditures on an aggregate basis. The Legislature appropriated $1,827,502 in Fiscal Year 2009-10 for the Regional Awards component of the Regional Awards and Matching Grant Awards Program and the department will likely expend this entire amount regardless of the adoption of these proposed rules.

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

There is no expected impact on revenue collections of state or local government.

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

The proposed rules changes funding for the Regional Awards Program from $2,000,000 to an amount appropriated by the Louisiana Legislature. The proposed rules also decreases the minimum funding award for the Regional Awards Program to $150,000 from $200,000 and specifically empowers the secretary of Louisiana Economic Development to establish a funding distribution for the eight regional groups to ensure an appropriate distribution of resources in the event that the Legislature appropriates less than $1,800,000 for the Regional Awards Program.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

The proposed rules aim to improve assistance to participating Economic Development Organizations in their business retention and recruitment efforts and correspondingly increase employment of Louisiana's citizens.

Research and Development Tax Credits

In accordance with the Administrative Procedure Act, R.S. 49:950 et seq., and R.S. 47:6015, the Department of Economic Development hereby gives Notice of Intent to adopt the following Rules. The purpose of the Rule is to establish program policies and procedures in the administration of the Research and Development Tax Credit program.