Table of Contents Title 7 agriculture and animals


§125. Risk Position Requirements 316



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§125. Risk Position Requirements 316

Subchapter E. Assessments and Fees 316

§127. Assessments: Amount, Time of Payment, Payment under Special Conditions 316

§128. Fees: Amount, Time of Payment 317

Subchapter F. Scale Tickets 318

§129. Scale Tickets: Filing, Contents, Maintenance in Records 318

Subchapter G. Warehouse Receipts 318

§131. Warehouse Receipts: Completion; Issuance; Open Storage; Cessation of Business; Other Applicable Laws; Cancellation of Receipts; Company-Owned Commodities; Form of Non-negotiable Receipts 318

§133. Paper Warehouse Receipts: Required Form; Issuance; Partial Delivery; Duplicate Receipts; Non-Negotiable Receipts 319

§134. Electronic Warehouse Receipts (EWR): Validity; Format; Issuance; Rights and Obligations; Printing; Records Retained; Duplicates 320

Subchapter H. Grading; Sampling; Out-of-Condition Commodities 321

§135. Elevators: Official Grades and Sampling 321

§136. State Official Grain Inspections 321

§137. Out-of-Condition Commodities 321

Subchapter I. Records and Reports 322

§141. Records Required to be Maintained 322

§143. Reports Required 322

Subchapter J. Access Requirements 322

§145. Access Requirements 322

Subchapter K. Posting Requirements 323

§147. Posting Requirements 323

Subchapter L. Suspension/Revocation of License; Other Penalties 323

§149. Adjudication Required Prior to Suspension/Revocation of License or Imposition of Other Penalties; Amount of Penalties; Surrender of License 323

Subchapter M. Schedule of Inspections; Voluntary Inspection 323

§151. Inspection of Physical Facilities and Contents; Schedule 323

§153. Voluntary Inspection Service 324

Subchapter N. Exemptions 324

§155. Exemptions 324

Subchapter O. Grain and Cotton Indemnity Fund 324

§191. Creation 324

§193. Definitions 324

§195. Purpose 324

§197. Assessments 325

§199. Cotton Merchants Operating on a Cooperative Basis 325

§201. Claim Provisions 325

§203. Distribution of Funds for Claims from Prior Insolvency 326

§205. Appeal Procedure 326

§207. Subrogation 326

§209. Reimbursement Limitations 326

§211. Pending Litigation or Arbitration; Stay of Claims 326

§213. Violations 327

§215. Adjudicatory Hearings 327

§217. Civil Penalties 327

Part XXIX. Horticulture Commission 329

Chapter 1. Horticulture 329

§101. Administration of the Affairs of the Horticulture Commission 329

§102. Definitions 329

§103. Enforcement 329

§105. Qualifications for Examination and Licensure or Permitting 330

§107. Application for Examination and Licensure or Permitting 331

§109. Examination Fees 331

§111. Minimum Examination Performance Levels Required 331

§113. Examination; Location; Scheduling;
Re-Examination 331

§115. General Requirements for All Licensees or Permittee 332

§117. Professional and Occupational Standards and Requirements 332

§119. Prohibition 337

§121. Re-Issuance of Suspended, Revoked or Unrenewed License or Permit 337

§123. Stop Orders and Notice of Non-Compliance 337

Part XXXI. Milk, Milk Products and Substitutions 339

Chapter 1. Milk Testing 339

Subchapter A. Samples 339

§101. Measuring and Sampling Milk from Farm Bulk Tanks 339

§103. Storage; Preparation of Samples for Testing 339

Subchapter B. Approved Methods of Testing 339

§105. Testing Raw Milk Samples for Butterfat Content 339

§107. Procedure; Testing Cream for Butterfat Content 340

§109. Procedure; Testing Ice Cream for Butterfat Content 340

§111. Procedure; Testing Homogenized Milk for Butterfat Content 340

§113. Testing Chocolate Milk for Butterfat Content 340

§115. Procedure; Testing Skim Milk for Butterfat Content 340

Subchapter C. Use of Other Than Approved Method Equipment, Glassware, Tests or Installation Prohibited 341

§117. Calibration 341

§119. Approved Laboratories; Equipment 341

Subchapter D. Test Results 341

§121. Finished Product Analysis 341

§123. Inadequate Fresh Milk Tests Compensation 342

§125. Computation of Butterfat Tests; Averages 342

Chapter 3. Dairy Stabilization Board 342

§301. Definitions 342

§303. Administration of the Affairs of the Board 343

§305. Licenses Required and Procedure 344

§307. Assessments 344

§309. Volume Discounts Program and Procedures 345

§311. Milk Case Deposit Program and Procedure 346

§313. Investigative Hearing Procedure 346

§315. Violations 346

§317. Disruptive Trade Practices 346

§319. Mandatory Obligations of Licensees 348

§321. Trade Practices Declared Not Disruptive 348

§323. Burdens and Presumptions 349

§325. Cease and Desist Order; Suspension/Revocation of License; Hearing Required; Penalties; Amount; Stipulated Resolutions; Service 350

§327. Confidentiality 350

§329. Delegation of Authority and Duties 350

Chapter 5. Tax Credit for Certain Milk Producers 350

§501. Purpose and Effective Date 350

§503. Definitions 350

§505. Cooperative Endeavor Agreements 351

§507. Responsibilities of Milk Producers and Milk Handlers 351

§509. Forms; Distribution 352

§511. Determination of the Announced Production Price 352

§513. Determination of Tax Credit for Individual Producers and Eligible Quarters 352

§515. Payment of Tax Credit 353

§517. Certification of Non-Pooled Milk 353

§519. Notices 353

§521. Disputes Regarding Milk Producer Tax Credit Qualifications 353

§523. Confidentiality of Records; Maintenance of Records 354

Part XXXIII. Meat and Poultry Inspections 355

Chapter 1. Meat and Poultry Inspection Program 355

§101. Applicability of Federal Laws and Regulations 355

§103. Definitions 355

§105. Persons Required to Register 356

§107. Licenses for Establishments Coming under Inspection 356

§109. Change of Ownership of Licensed Establishments 357

§111. Exemption 357

§113. Removal of Inspection Services 357

§115. Inspection Brands; Hot Brands; Replacement Brands 357

§117. Stamping of Carcasses 358

§119. Inspection upon Movement of Meat and Meat Products 358

§121. Appeals from Decisions of the Cooperative Federal/State Meat and Poultry Inspection Program 358

§123. Taking of Blood Samples 358

§125. Overtime and Holiday Inspection Service 359

§127. Appeals from Decisions of the Cooperative Federal/State Meat and Poultry Inspection Program 359

§129. Hearings on Alleged Violations of Law and/or Regulations 360

§131. Taking of Blood Samples 360

§133. Overtime and Holiday Inspection Service 360

§135. Meat, Poultry and Seafood Fee 360

§137. Practical Meat Cutting and Merchandising―Volume 1 361

§139. Side of Beef 363

§141. Proper Stampling―Primal Cuts 363

Part XXXV. Agro-Consumer Services 365

Chapter 1. Weights and Measures 365

§101. Specifications, Tolerances and Regulation for Commercial Weighing and Measuring Devices 365

§103. Definitions 365

§105. Commodities 366

§107. Crawfish; Live; Boiled; Peeled 367

§109. Oysters―Method of Sale 367

§111. Poultry; Live; Dressed―Method of Sale 367

§113. Scales for Use with Purchases of Aluminum Cans 368

§115. Scales Prohibited from Use 368

§117. Bar Code Scanning Devices and Labels 368

§119. Cotton Beam Scales 368

§121. Farm Bulk Milk Tank Regulations 368

§123. Weighmaster 369

§125. Metrology Laboratory Fee Structure 369

§127. Registration 369

§129. Standards 370

§131. Penalties 371

§133. Powers of the Director 371

§135. Meat Labeling 371

§137. Mulch; Definition; Sale by Volume; Prohibitions 371

Chapter 3. Petroleum Products 372

Subchapter A. Standards 372

§301. Definitions 372

§303. Standard Fuel Specifications for Gasoline and Gasoline-Oxygenate Blends 374

§305. Standard Fuel Specifications for Diesel Fuel 374

§307. Standard Fuel Specifications for Aviation Turbine Fuels 375

§309. Standard Fuel Specifications for Aviation Gasoline 375

§311. Standard Fuel Specifications for Fuel Oils 375

§313. Standard Fuel Specifications for Kerosene 375

§315. Standard Specifications for Ethanol 375

§317. Standard Fuel Specifications for Fuel Ethanol 375

§319. Standard Fuel Specifications for Fuel Methanol 375

§321. Classification and Method of Sale of Petroleum Products 376

§323. Automotive Gasoline and Automotive Gasoline-Oxygenate Blends 377

§325. Diesel Fuel 377

§327. Biodiesel and Biomass-Based Diesel 377

§329. Aviation Turbine Fuels 378

§331. Aviation Gasoline 378

§333. Fuel Oils 378

§335. Kerosene (Kerosine) 378

§337. Gasoline-Alcohol Blends 378

§339. Fuel Ethanol 379

§341. Fuel Methanol 379

§343. Retail Storage Tanks 379

§345. Sampling 379

§347. Nonconforming Product 379

§349. Product Registration 380

§351. Test Methods and Reproducibility Limits 380

Chapter 5. Consumer Products―Testing and Labeling 381

Subchapter A. Chloramphenicol 381

§501. Definitions 381

§503. Selling, Testing, Declarations, Records, Penalties 381

§505. Labeling by Country of Origin 383

Subchapter B. Fluoroquinolones 384

§511. Fluoroquinolones in Seafood Prohibited; Testing and Sale of 384

Part XXXVI. Agricultural Ethanol Production 387

Chapter 1. Agricultural Ethanol Productions 387

§101. Authority 387

§103. Definitions 387

§105. Administration of the Agricultural Industry Board 389

§107. Certified Market Participants: Procedures and Criteria for Approval 389

§109. Cooperative Endeavors and Agreements 391

§111. Incentive Payments to Certified Market Participants 393

§113. Records Requirements 394

§115. Audits and Inspections 394

§117. Adjudicatory Proceedings 395

§119. Violations 395

§121. Penalties 395

§123. Severability 395

Part XXXVII. Security Devices 397

Chapter 1. Central Registry 397

§101. Definitions 397

§103. Administration 398

§105. Filing Procedures 398

§107. Procedures for Amendment, Assignment, Extension and Cancellation of an EFS 398

§109. Registrations 398

§111. Farm Products Encumbrance List (Master List) 399

§115. Encumbrance Certificates 399

§117. Farm Products List and Codes 399

§119. Fees 400

Part XXXIX. Forestry 401

Chapter 1. Timber Stumpage 401

§101. Authority 401

§103. Calculation of Current Average Stumpage Market Value 401

§105. Notice 401

§107. Annual Determination of Current Average Stumpage Market Value 401

§109. Product Categories 402

Chapter 5. Indian Creek Recreation Area 402

§501. General Authority and Purpose 402

§503. Park Property and Environment 402

§505. Vehicle Use 402

§507. Watercraft 403

§509. Livestock, Animals and Pets 403

§511. Litter, Sanitation and Health 403

§513. Fires 403

§515. Fishing, Hunting, Trapping, and the Use of Firearms or Fireworks 404

§517. Swimming 404

§519. Amplified Sound Equipment 404

§521. Disorderly Conduct 404

§523. Business Activities 404

§525. Enforcement 404

§527. Overnight Use 405

§529. Fees and Emergency Closing 405

§531. Fees and Exemptions; Day-Use Fees 406

§533. Fees and Exemptions; Miscellaneous Services and Facilities Fees 406

§535. Fees and Exemptions; Exemptions/Discounts 406

§537. Fees and Exemptions; Special Promotions 406

§539. Fees and Exemptions; Overnight Use 406

§541. Reservation Policy 407

§543. Refunds 407

Chapter 7. Forest Landowner Assistance 407

§701. Management Service Fees 407

Chapter 9. Prescribed Burning 408

§901. Definitions 408

§903. Written Authority 408

§905. Completion of Prescribed Burn 408

§907. Certification Prerequisites and Training 408

§909. Certification Procedures 408

§911. Voluntary Smoke Management Guidelines 409

§913. Complaints and Investigation 409

§914. Suspension and Revocation of Prescribed Burning Certificate (Formerly §913) 409

Chapter 10. Reforestation of Public Lands 409

§1001. Scope; Agencies Involved 409

§1003. Response to Agency Reports 410

§1005. Site Inspections 410

§1007. Appeals 410

§1009. Tree Planting; Survival Inspections 410

§1011. Size Requirements 410

§1013. Landscape Architects 410

§1015. Timber Harvesting 410

§1017. Developing Wooded Property 410

Chapter 11. Rural Fire Protection 410

§1101. State Excess Property Program 410

Subchapter B. Parish Burn Ban Ordinances 411

§1111. Purpose 411

§1113. Determination of Fire Danger Rating 411

Chapter 13. Forestry Productivity Program 412

§1301. Authority 412

§1303. Definitions 412

§1305. Application and Fee 412

§1307. Extent of State Participation 412

§1309. Land and Landowners Eligibility, Exclusions and Limitations 413

§1311. Obligations of the Landowner 414

§1313. Approved Forestry Practices 414

§1315. Forestry Practice Implementation Period 414

§1317. Payment by the Department 414

§1319. Repayment by Landowners to the Department 414

§1321. Competitive Research and Cooperative Extension Grants 415

Chapter 15. Timber Harvesting and Receiving Records 415

§1501. Loaders Log: Required Information; Distribution; Maintenance of Records 415

§1503. Scale/Load Tickets: Required Information; Distribution; Maintenance of Records 416

§1505. Access Requirements 416

§1507. Penalty for Violations 416

Part XLI. Soil and Water Conservation 419

Chapter 1. Annual Election for Supervisors 419

§101. Electing One Soil and Water Conservation District Supervisor 419

Chapter 3. Master Farmer Certification 420

§301. Definitions 420

§303. Application for Master Farmer Certification 420

§305. Issuance of Master Farmer Certification 421

§307. Cancellation of Master Farmer Certification 421

Part XLIII. Organic Farming 423

Chapter 1. Organic Certification Program 423

§101. Organic Certification 423

§103. Organic Certification Fees 423

Part XLV. Agritourism 425

Chapter 1. Agritourism Activities;
Plans of Operation 425

§101. Definitions 425

§103. Agritourism Activities 425

§105. Procedure for Submission of Plan of Operation 426

Part XLVII. Railroad CrossingsAgrilcultural and Private Rural Residence 427

Chapter 1. RailwaysAccess Over Right-of-Way 427

§101. Definitions 427

§103. Authority of the Commissioner 427

§105. Eligibility for Making a Request 427

§107. Procedure for Requesting an Order from the Commissioner 427

§109. Notice to a Railroad Corporation 428

§111. Notice of Decision 428



Title 7

AGRICULTURE AND ANIMALS

Part I. Administration

Chapter 1. Administration Procedure

§101. Market Bulletin Subscriber Fee

A. The fee for a yearly subscription to the Louisiana Market Bulletin shall not exceed the annual cost of publication and distribution.

B. The subscription fee shall be paid by the subscriber to the Department of Agriculture and Forestry annually at the time the subscription is ordered or renewed. Upon payment of the subscription fee, the subscriber shall be entitled to 26 issues of the Louisiana Market Bulletin.

AUTHORITY NOTE: Promulgated in accordance with R.S. 43:31.

HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Market Commission, LR 15:75 (February 1989), amended LR 31:26 (January 2005), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 35:632 (April 2009).

§103. Agriculture Chemistry Lab Fees

A. There is hereby established and henceforth shall be a fee paid by the users of the Louisiana Agricultural Chemistry Laboratory, which fees shall be known as laboratory fees and they shall be as follows.



Pesticide Residue Samples

Up to $100 per analysis

Pesticide Formulation Samples

Up to $ 50 per analysis

Water Samples

Up to $ 35 per analysis

Feed, Fertilizer and Lime Samples

Up to $ 40 per analysis

All Other Samples

Up to $ 50 per analysis

1. Each laboratory procedure will be, for purposes of this regulation, considered a separate analysis.

B. The laboratory fees shall be paid by the party requesting analysis and shall be payable to the Louisiana Agricultural Chemistry Laboratory.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:16.

HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, LR 15:77 (February 1989), amended 37:809 (March 2011).

§105. Petitions for Adoption, Amendment or Repeal of Rules; Form and Procedure

A. Petitions for the adoption, amendment or repeal of rules or regulations shall be submitted to the commissioner of Agriculture and Forestry, 5825 Florida Boulevard, Baton Rouge, LA 70806.

B. Petitions must be in writing and shall state the name and address of an individual who may be contacted relative to the contents of the petition.

C. Petitions shall fairly state the action sought. If the petitioner seeks to amend or repeal an existing rule or regulation, the petitions shall cite said rule or regulation.

D. In the case of adoption of wholly new rules and regulations, petitions shall state the law granting the authority for the adoption of the proposed rules and regulations.

E. Petitions for the adoption, amendment or repeal of rules or regulations shall be considered within the time period provided for in the Administrative Procedure Act. Petitions shall either be denied in writing, stating reasons for the denial, or rule-making proceedings initiated in accordance with said Act.

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:953.

HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, LR 18:144 (February 1992).

§107. Emergency Airstrip for Agricultural Purposes Program

A. Creation. There is hereby established within the Department of Agriculture and Forestry a program to designate certain roads as emergency airstrips to aid in the use of aircraft for agricultural purposes to be known as the "Emergency Airstrip for Agricultural Purposes Program."

B. Declaration of Emergency

1. The department may declare an agricultural emergency to exist which requires the use of portions of designated roads as airstrips for agricultural purposes when conditions are such that agricultural turf airstrips are rendered unavailable for safe use.

2. Each declaration of agricultural emergency shall be in writing and contain a declaration number, the date, and a list of the portions of designated roads which may be utilized as airstrips during the agricultural emergency.

3. The department shall provide a copy of the declaration to the sheriff and police jury for the parish in which each of the designated roads is located, and the aviation division of the State Department of Transportation and Development (hereinafter referred to as "DOTD") prior to utilization of the emergency airstrip. If the designated road is a state road, a copy of the declaration should also be provided to the communications center at State Police Headquarters and to the secretary of DOTD. If a designated road is located on the parish line, a copy of the declaration must be provided to the sheriff and police jury for both parishes.

4. The appropriate law enforcement entity as set forth in Paragraph B.3 above shall be responsible for implementing security and safety requirements for road traffic during periods when a road designated for use as an emergency airstrip to aid in the use of aircraft for agricultural purposes is actually utilized for that purpose. At a minimum, the appropriate law enforcement entity shall have at least one officer at the site and signs shall be placed at each end and at all approach ramps of a designated road to notify persons that the road is designated for use as an emergency airstrip to aid in the use of aircraft for agricultural purposes. The officer will insure that whenever aircraft are in the process of landing, taking off, or taxiing, there shall be no movement of vehicles on the emergency airstrip or within 500 feet of each landing threshold of the emergency airstrip. The enforcement entity providing said officer shall have the option of cost recovery for services from the party requesting use of the emergency airstrip.

C. Designation of Roads

1. Upon declaration by the department that an agricultural emergency exists, certain roads, including but not limited to dead-end roads and strategically placed parish roads, may be designated by the department for use as airstrips to aid in the use of aircraft for agricultural purposes.

2. Whenever possible, the department shall pre-designate a portion of a road for use as an emergency agricultural airstrip for use in the event a declaration of an agricultural emergency is made by the department. The request for pre-designation must be made by mail or facsimile to the department and include the following information:

a. location of the road marked on a topography map;

b. reason for designation; and

c. a statement that the road meets all the criteria set forth in Paragraph C.3 or a statement setting forth the reasons why a waiver under Paragraph C.4 should be issued.

3. Predesignated emergency agricultural airstrips shall be inspected and registered by DOTD Aviation using similar criteria as utilized by DOTD in the registration of an agricultural use permanent airstrip. The registration certificate shall be issued to and held by the department. The registered and designated airstrip shall be marked and signed as such. Persons seeking predesignation must contact the aviation division of DOTD for specifications regarding the appropriate marking and signage required for the registered and designated emergency airstrip.

4. The department may authorize use of airstrips which have not been pre-designated and registered with the aviation division of DOTD, on a case-by-case basis, when safety and aircraft performance would not be compromised by such waiver and the use of said road as an emergency agricultural airstrip is deemed necessary by the department. Any such airstrip authorized shall, at a minimum, meet all of the following:

a. the surface must be flat and straight for a minimum distance to 2,000 feet;



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