Terms Used In Louisiana Revised Statutes > Title 51 > Chapter 2 - Particular Goods

• Accumulated employee contributions: means the sum of all amounts deducted from a member's salary and paid to the fund. See Louisiana Revised Statutes 11:1503
• Adult protection agency: means :

              (a) The office of elderly affairs in the office of the governor, for any individual sixty years of age or older in need of adult protective services. See Louisiana Revised Statutes 51:732

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: as used in this Chapter shall have the same meaning ascribed to it as provided in Louisiana Revised Statutes 39:1556
• agent: means the state fire marshal. See Louisiana Revised Statutes 51:912.51
• Arrest: Taking physical custody of a person by lawful authority.
• Assembler: means any person engaged in the making of fireworks from component parts. See Louisiana Revised Statutes 51:650
• Beneficial owner: means , with regard to any securities, any person who owns such securities or who enjoys benefits substantially equivalent to ownership. See Louisiana Revised Statutes 51:702
• Board: means the board of trustees of the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
• Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted. See Louisiana Revised Statutes 39:1556
• Central purchasing agency: means the office of state procurement. See Louisiana Revised Statutes 39:1556
• Change order: means a written order signed by the procurement officer, directing the contractor to make changes which the contract authorizes the procurement officer to order without the consent of the contractor. See Louisiana Revised Statutes 39:1556
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief procurement officer: means the person holding the position created in Louisiana Revised Statutes 39:1556
• Commission: means the Louisiana Manufactured Housing Commission. See Louisiana Revised Statutes 51:911.22
• Commissioner: means the commissioner of financial institutions who is also the commissioner of securities. See Louisiana Revised Statutes 51:702
• Competitive negotiation: means to negotiate for a contract through a request for proposals process or any other similar competitive selection process. See Louisiana Revised Statutes 39:1556
• Competitive sealed bidding: means the receipt of bids protected from inspection prior to bid opening. See Louisiana Revised Statutes 39:1556
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: means all types of state agreements, regardless of what they may be called, including orders and documents purporting to represent grants, which are for the purchase or disposal of supplies, services, major repairs, or any other item. See Louisiana Revised Statutes 39:1556
• Contract modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. See Louisiana Revised Statutes 39:1556
• Contractor: means any person having a contract with a governmental body. See Louisiana Revised Statutes 39:1556
• Cooperative purchasing: means procurement conducted by or on behalf of more than one public procurement unit or by a public procurement unit with an external procurement activity or by a private procurement unit. See Louisiana Revised Statutes 39:1556
• Cosmetic: means either of the following:

              (a) Articles intended to be applied to or introduced into the human body or any part thereof for purposes of cleansing, beautifying, promoting attractiveness, or altering appearance. See Louisiana Revised Statutes 51:771

• Cosmetic animal testing: means the internal or external application or exposure of any cosmetic product, cosmetic ingredient, or nonfunctional constituent to the skin, eyes, or any other body part, organ, or extremity of a live nonhuman vertebrate. See Louisiana Revised Statutes 51:771
• Cosmetic ingredient: means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product as defined in Louisiana Revised Statutes 51:771
• Cosmetic product: means a finished and complete cosmetic. See Louisiana Revised Statutes 51:771
• Court: means the Nineteenth Judicial District located in Baton Rouge and, in the event of an appeal from such a court, the First Circuit Court of Appeal located in Baton Rouge. See Louisiana Revised Statutes 39:1556
• Criminal history record information: means conviction information collected by criminal justice agencies on individuals. See Louisiana Revised Statutes 51:911.22
• Data: means recorded information, regardless of form or characteristic. See Louisiana Revised Statutes 39:1556
• Dealer: means any person who is engaged in, or who intends to engage in the business of selling motor vehicles at retail in this state. See Louisiana Revised Statutes 51:661
• Dealer: means every person, other than a salesman registered under this Part, who engages, either for all or part of his time, directly or indirectly, as agent, broker, or principal in the business of offering, buying, selling, or otherwise dealing or trading in securities issued by another person but does not include:

  (i)  A bank chartered and issued a certificate of authority by the state of Louisiana and under the supervision of the commissioner of financial institutions, a national bank chartered by the government of the United States and under the supervision of the Comptroller of the Currency of the United States, a bank holding company organized under the laws of the state of Louisiana and under the supervision of the Board of Governors of the Federal Reserve, or the employees of such banks or bank holding companies acting in their official capacity. See Louisiana Revised Statutes 51:702

• Debarment: means the disqualification of a person to receive invitations for bids or requests for proposals, or the award of any contract by any governmental body, for a specified period of time commensurate with the seriousness of the offense or the failure or the inadequacy of performance. See Louisiana Revised Statutes 39:1556
• Decedent: A deceased person.
• Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
• Designated beneficiary: means the person most recently designated in writing by a member to receive any benefits to which he may be entitled. See Louisiana Revised Statutes 11:1503
• Designee: means a duly authorized representative of a person holding a superior position. See Louisiana Revised Statutes 39:1556
• developer: includes "contractors" and "residential contractors" as defined in Louisiana Revised Statutes 51:911.22
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: means any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or a retailer or both. See Louisiana Revised Statutes 51:650
• Distributor: means any person, firm, association, corporation, limited liability company, or trust, resident or nonresident, who in whole or in part sells or supplies manufactured housing to dealers or who maintains distributor sales representatives. See Louisiana Revised Statutes 51:911.22
• Drug retailer: means any person engaged wholly or partially in the retail drug trade;

  (3)  "Retail drug establishment" means any store or department of a store engaged in the retail drug trade;

  (4)  "Cost" means the manufacturer's wholesale list price per dozen or per customary unit plus a six percent mark-up;

  (5)  "Drug" means any substance or preparation intended for external or internal use in the care, mitigation, treatment, remedy or prevention of disease or ailment in man or animal, and any substance or preparation intended to affect the structure or function of the body of man or animal, not including food, but including medicinal or quasimedicinal preparations;

  (6)  "Cosmetics" and "toilet preparations" mean toilet articles and perfumes, toilet waters, face powders, creams, lotions, rouges, shaving creams, dentifrices, bath salts and all other similar preparations and substances, designed and intended for application to the person for the purpose of cleansing, improving, or changing in any way the appearance of the person, or of refreshing or preserving the person;

  (7)  "Drug sundries" means such articles as are used in conjunction with, but not included in, drugs, cosmetics or toilet preparations. See Louisiana Revised Statutes 51:521

• Electronic: means electrical, digital, magnetic, optical, electromagnet, or any other similar technology. See Louisiana Revised Statutes 39:1556
• Eligible adult: means :

              (a) A person sixty years of age or older. See Louisiana Revised Statutes 51:732

• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: means any regular employee of a clerk, minute clerk, and employees of the Louisiana Clerks of Court Association, the Louisiana Clerks' of Court Retirement and Relief Fund, and the Louisiana Clerks of Court Insurance Fund, who works more than an average of twenty hours per week. See Louisiana Revised Statutes 11:1503
• Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any nonsalaried individual performing personal services for any governmental body. See Louisiana Revised Statutes 39:1556
• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• Executive officer: means the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. See Louisiana Revised Statutes 51:702
• Executor: A male person named in a will to carry out the decedent
• External procurement activity: means any buying organization not located in this state which, if located in this state, would qualify as a public procurement unit. See Louisiana Revised Statutes 39:1556
• Extraordinary circumstances: means a federally declared disaster, a gubernatorially declared disaster or emergency, a pandemic, or an illness or emergency medical condition. See Louisiana Revised Statutes 51:911.22
• Federal covered adviser: means a person who is registered under Section 203 of the Investment Advisers Act of 1940. See Louisiana Revised Statutes 51:702
• Federal covered security: means any security that is a covered security under Section 18(b) of the Securities Act of 1933 or rules promulgated thereunder. See Louisiana Revised Statutes 51:702
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Finance company or finance agency: means any person engaged in the business of financing the sale of motor vehicles, or engaged in the business of purchasing or acquiring promissory notes, either secured by vendor's privilege or chattel mortgage, arising from the sale of motor vehicles in this state. See Louisiana Revised Statutes 51:661
• Financial exploitation: means :

              (a) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an eligible adult. See Louisiana Revised Statutes 51:732

• Firm: means a sole proprietorship, partnership, corporation, limited liability company, or any other entity. See Louisiana Revised Statutes 51:650
• foreign representative: shall mean a person in a foreign country whose education and experience qualify such person to represent the state in such foreign country. See Louisiana Revised Statutes 39:1556
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fund: means the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
• Governmental body: means any department, office, division, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch of state government. See Louisiana Revised Statutes 39:1556
• Governmental entity: means any governmental unit which is not included in the definition of "governmental body" in this Section. See Louisiana Revised Statutes 39:1556
• Grant: means the furnishing by the state of assistance, whether financial or otherwise, to any person to support a program authorized by law. See Louisiana Revised Statutes 39:1556
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Handler: shall mean any person handling sweet potatoes in the primary channels of trade. See Louisiana Revised Statutes 3:1742
• Importer: means any person who imports, brings in, or causes to be brought in any fireworks from outside the state of Louisiana into the state of Louisiana. See Louisiana Revised Statutes 51:650
• IMS system: means the information management system operated and maintained by the office of state fire marshal. See Louisiana Revised Statutes 51:650
• in writing: means the product of any method of forming characters on paper, other materials, or viewable screen, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. See Louisiana Revised Statutes 39:1556
• Investment adviser: means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. See Louisiana Revised Statutes 51:702
• Investment adviser representative: means any partner, officer, director, or a person occupying a similar status or performing similar functions, or other individual, except clerical or ministerial personnel, who is employed by or associated with an investment adviser that is registered or required to be registered under this Part, and who does any of the following:

  (a)  Makes any recommendations or otherwise renders advice regarding securities. See Louisiana Revised Statutes 51:702

• Invitation for bids: means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in Louisiana Revised Statutes 39:1556
• Issuer: means every person who issues or proposes to issue any security, except that with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors or persons performing similar functions or in an unincorporated investment trust of the fixed, restricted management, or unit type, the term "issuer" means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such securities are issued, except that:

  (a)  In the case of an unincorporated association which provides by its articles for limited liability of any or all of its members or in the case of a trust, committee, or other legal entity, the trustees or members thereof shall not be individually liable as issuers of any security issued by the association, trust, committee, or other legal entity. See Louisiana Revised Statutes 51:702

• Jobber: means any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail. See Louisiana Revised Statutes 51:650
• License: means the document issued by the office of state fire marshal to a firm or person authorizing the firm or person to engage in the activities as defined by this Part and administrative rules. See Louisiana Revised Statutes 51:650
• Licensee: means any person or firm issued a license by the office of state fire marshal to engage in the activities as defined by this Part and administrative rules. See Louisiana Revised Statutes 51:650
• Lineal descendant: Direct descendant of the same ancestors.
• Local public procurement unit: means any parish, city, town, governmental body, and any other subdivision of the state or public agency thereof, public authority, public educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the acquisition or leasing of supplies, services, major repairs, and construction, and any nonprofit corporation operating a charitable hospital. See Louisiana Revised Statutes 39:1556
• Louisiana state plan: means the document which outlines the process by which the state administrative agent shall ensure the effective handling of consumer complaints and other information that relates to noncompliance, defects, or imminent safety hazards, involving manufactured housing, together with any responsibility delegated to the state administrative agent. See Louisiana Revised Statutes 51:912.51
• Major repairs: means those repairs payable with funds appropriated in the general appropriations act, except those funds transferred from the operating budget of one governmental body to supplement and complete a project under contract by the division of administration facility planning and control section. See Louisiana Revised Statutes 39:1556
• Majority owned subsidiary: means a subsidiary more than fifty percent of whose outstanding securities representing the right, other than as affected by events of default, to vote for the election of directors is owned by the subsidiary's parent, by one or more of the parent's other majority owned subsidiaries, or by the subsidiary's parent and one or more of the parent's other majority-owned subsidiaries. See Louisiana Revised Statutes 51:702
• Manufacturer: means any person engaged in making or construction of pyrotechnic compounds or component parts. See Louisiana Revised Statutes 51:650
• Manufacturer: means any person who is engaged, either directly or indirectly, in the manufacture of motor vehicles. See Louisiana Revised Statutes 51:661
• Manufacturer: means any entity required to specify conspicuously its name and place of business on the label of a cosmetic in package form pursuant to Louisiana Revised Statutes 51:771
• Manufacturer: means any person who manufactures manufactured or modular housing. See Louisiana Revised Statutes 51:911.22
• Minor child: means a child who is less than the age of eighteen years or who has a physical or mental disability, regardless of age, who is the issue of a marriage of the member or former member, the legally adopted child of a member or former member, the natural child of a female member or former member, or the child of a male member or former member if a court of competent jurisdiction has, during the lifetime of such male member or former member, issued an order of filiation declaring the paternity of such male member for the child. See Louisiana Revised Statutes 11:1503
• Mobile home: means a factory-built, residential dwelling unit built to voluntary standards prior to the passage of the National Manufactured Housing Construction and Safety Standards Act of 1974. See Louisiana Revised Statutes 51:911.22
• Monthly average final compensation: means the average of a member's monthly salary during the highest compensated sixty consecutive months or successive joined months if service was interrupted. See Louisiana Revised Statutes 11:1503
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Negotiation: means the formulation of a contractual relationship through discussions as may be allowed under this Chapter. See Louisiana Revised Statutes 39:1556
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonfunctional constituent: means any incidental ingredient as defined in Louisiana Revised Statutes 51:771
• Novelty: means a device containing small amounts of pyrotechnic or explosive composition but does not fall under the category of consumer fireworks. See Louisiana Revised Statutes 51:650
• offer: shall include every attempt or offer to dispose of or solicitation of an offer to buy a security or interest in a security for value. See Louisiana Revised Statutes 51:702
• Office: means the office of state fire marshal. See Louisiana Revised Statutes 51:650
• Parent: when used with reference to a specified person, means an affiliate controlling such person directly, or indirectly through one or more intermediaries. See Louisiana Revised Statutes 51:702
• Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
• Person: includes any firm, corporation, association, co-partnership, or one or more individuals. See Louisiana Revised Statutes 51:650
• Person: means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interest of the beneficiaries is evidenced by a security, or any unincorporated organization. See Louisiana Revised Statutes 51:702
• Person: means a natural person, association, or group of natural persons, partnership, company, corporation, institution, or legal entity. See Louisiana Revised Statutes 51:911.22
• Person: means any business, individual, union, committee, club, or other organization or group of individuals. See Louisiana Revised Statutes 39:1556
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practicable: means that which can be done or put into practice; feasible. See Louisiana Revised Statutes 39:1556
• Private procurement unit: means any regionally accredited independent college or university in the state that is a member of the Louisiana Association of Independent Colleges and Universities or any early learning center as defined in Louisiana Revised Statutes 39:1556
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Processor: shall mean any person, partnership, association, or corporation engaged in the canning, freezing, or dehydrating of sweet potatoes. See Louisiana Revised Statutes 3:1742
• Procurement: means the buying, purchasing, renting, leasing, or otherwise obtaining any supplies, services, or major repairs. See Louisiana Revised Statutes 39:1556
• Procurement officer: means any person authorized by a governmental body, in accordance with procedures prescribed by regulations, to enter into and administer contracts and make written determinations and findings with respect thereto. See Louisiana Revised Statutes 39:1556
• Prospectus: means any notice, circular, advertisement, sales literature, letter, offering circular, offering sheet, or communication, written or by radio or television, which offers any security for sale or which is used in connection with any such offer or which confirms the sale of any security, except that:

  (a)  A confirmation of the sale of a security which is sent or given after the effective date of the registration statement shall not be deemed a prospectus if it is proved that prior to or at the same time with such confirmation a written prospectus, meeting the requirements of Louisiana Revised Statutes 51:702

• Proximate display: includes all indoor displays and means a pyrotechnic public display involving the ignition of Fireworks 1. See Louisiana Revised Statutes 51:650
• Public display: means the display of 1. See Louisiana Revised Statutes 51:650
• Public entity: includes but is not limited to the state, its agencies, departments, offices and commissions, political subdivisions, municipalities, and parishes. See Louisiana Revised Statutes 51:650
• Public procurement unit: means either a local public procurement unit or a state public procurement unit. See Louisiana Revised Statutes 39:1556
• purchase: include exchange, barter, gift, and offer to contract to sell or buy. See Louisiana Revised Statutes 51:661
• Purchasing agency: means any governmental body which is authorized by this Chapter or its implementing regulations, or by way of delegation from the state chief procurement officer, to contract on its own behalf rather than through the central contracting authority of the office of state procurement. See Louisiana Revised Statutes 39:1556
• Pyrotechnic operator: means an individual who, by experience and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising public displays of Fireworks 1. See Louisiana Revised Statutes 51:650
• Pyrotechnic special effects operator: means an individual who, by experience and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising proximate displays of Fireworks 1. See Louisiana Revised Statutes 51:650
• Qualified group purchasing organization: means a service organization, whether for profit or not, with a membership of at least fifteen hospitals within the United States, which contracts with suppliers for supplies and materials used in hospitals and makes such contracts available to its members. See Louisiana Revised Statutes 39:1556
• Qualified individual: means any salesman, investment advisor representative, or person who serves in a supervisory, compliance, or other legal capacity for a dealer or investment advisor. See Louisiana Revised Statutes 51:732
• Request for proposals: means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in this Chapter. See Louisiana Revised Statutes 39:1556
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail drug trade: means the selling to the consumer, not for the purpose of resale, of any form of drugs, medicines, cosmetics, toilet preparations, drug sundries or allied articles, but does not include the sale of damaged merchandise if advertised, marked and sold as such, nor merchandise sold during the final liquidation of any business, or sold or donated for charitable purposes or to unemployment relief agencies, or to physicians, dentists, veterinarians or hospitals. See Louisiana Revised Statutes 51:521
• Retailer: means any person engaged in the business of making sales of fireworks at retail to persons other than a distributor or a jobber. See Louisiana Revised Statutes 51:650
• Retailer: means any person who is engaged wholly or in part in the business of buying, selling, distributing, brokering, or exchanging an interest in a manufactured or modular home with the intent to make a profit, monetary gain, or any thing of economic value. See Louisiana Revised Statutes 51:911.22
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Salary: means the full rate of regular compensation paid to a member for the performance of his official duties, but shall not include bonuses, payment for accrued vacation, annual or sick leave, payment for overtime, terminal pay, severance pay, deferred salary, or any other type of irregular or nonrecurring payment. See Louisiana Revised Statutes 11:1503
• Sale: includes barter, exchange, or gift or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee. See Louisiana Revised Statutes 51:650
• Salesman: means an individual, other than a dealer registered under this Part, employed, appointed, or authorized by a dealer or by an issuer, to sell securities in this state, but does not include any person specified in Louisiana Revised Statutes 51:702
• Salesman: means any person employed by a retailer or developer for purposes of selling manufactured or modular housing to the public. See Louisiana Revised Statutes 51:911.22
• Securities of the same class: means :

  (a)  All common stock of an issuer, regardless of varying series or designations, and all securities convertible into common stock or conferring the right to acquire common stock. See Louisiana Revised Statutes 51:702

• Security: means any note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in any profit-sharing agreement; collateral-trust certificate; preorganization certificate or subscription; transferable share; investment contract; voting-trust certificate; certificate of deposit for a security; fractional undivided interest in oil, gas, or other mineral rights; any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof); or, in general, any interest or instrument commonly known as a "security"; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. See Louisiana Revised Statutes 51:702
• sell: means and shall include every contract of sale or disposition of a security or interest in a security for value. See Louisiana Revised Statutes 51:702
• Services: means the furnishing of labor, time, or effort by a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. See Louisiana Revised Statutes 39:1556
• Shipment: shall be deemed to take place when the sweet potatoes are loaded within the state in a railroad car, boat, truck or other conveyance in which sweet potatoes are to be transported;

  (5)  "Commission" means the Louisiana Sweet Potato Advertising and Development Commission. See Louisiana Revised Statutes 3:1742

• Signature: means a manual or electronic signature. See Louisiana Revised Statutes 39:1556
• Significant subsidiary: means a subsidiary meeting any one of the following conditions:

  (a)  The assets of the subsidiary or the investments in and advances to the subsidiary by its parent and the parent's other subsidiaries, if any, exceed ten percent of the assets of the parent and its subsidiaries on a consolidated basis. See Louisiana Revised Statutes 51:702

• Social service: means work rendered by any person, firm, corporation, organization, governmental body, or governmental entity in furtherance of the general welfare of the citizens of Louisiana, including but not limited to the objectives provided for in Louisiana Revised Statutes 39:1556
• Specification: means any description of the physical or functional characteristics, or of the nature of a supply, service, or major repair. See Louisiana Revised Statutes 39:1556
• State: means any state (or a designated state), territory, or possession of the United States, the District of Columbia, Puerto Rico and the Virgin Islands. See Louisiana Revised Statutes 51:702
• State chief procurement officer: means the person holding the position created in Louisiana Revised Statutes 39:1556
• State public procurement unit: means the central purchasing agency and any other purchasing agency of this state. See Louisiana Revised Statutes 39:1556
• Subpoena: A command to a witness to appear and give testimony.
• Subsidiary: when used with reference to a specified person, means an affiliate controlled by such person, directly or indirectly, through one or more intermediaries. See Louisiana Revised Statutes 51:702
• Supplemental agreement: means any contract modification which is accomplished by the mutual action of the parties. See Louisiana Revised Statutes 39:1556
• Supplier: means any entity that provides, whether directly or through a third party, any cosmetic ingredient used by a manufacturer in the formulation of a cosmetic product. See Louisiana Revised Statutes 51:771
• Supplies: means all property, including but not limited to equipment, materials, insurance, and leases on immovable property excluding land or a permanent interest in land. See Louisiana Revised Statutes 39:1556
• Surviving spouse: means the spouse of a deceased member or former member who was married to and living with the deceased member or former member at the time of his death. See Louisiana Revised Statutes 11:1503
• Suspension: means the disqualification of a person to receive invitations for bids or requests for proposals, or the award of a contract by the state, for a temporary period pending the completion of an investigation and any legal proceedings that may ensue because a person is suspected upon probable cause of engaging in criminal, fraudulent, or seriously improper conduct or failure or inadequacy of performance which may lead to debarment. See Louisiana Revised Statutes 39:1556
• Sweet potatoes: means all sweet potatoes of the grades as recommended by the United States Department of Agriculture and such other grades as may be promulgated by the Louisiana Sweet Potato Advertising and Development Commission;

  (2)  "Bushel" means 50 pounds of sweet potatoes whether such potatoes are in crates, sacks or other containers, or in bulk;

  (3)  "Shipper" means any person, partnership, association, or corporation, engaged in the packaging and shipping or either packaging or shipping, of sweet potatoes or transporting sweet potatoes whether as owner, agent, or otherwise;

  (4)  "Shipment" shall be deemed to take place when the sweet potatoes are loaded within the state in a railroad car, boat, truck or other conveyance in which sweet potatoes are to be transported;

  (5)  "Commission" means the Louisiana Sweet Potato Advertising and Development Commission. See Louisiana Revised Statutes 3:1742

• System: means the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
• Testify: Answer questions in court.
• Transporter: means an individual who transports a manufactured or modular home to a site of installation but does not perform any blocking or anchoring of the home, except a transporter is allowed to put blocks under the hitch on the tongue of the frame. See Louisiana Revised Statutes 51:911.22
• under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. See Louisiana Revised Statutes 51:702
• Underwriter: means any person who has purchased from an issuer or an affiliate of an issuer with a view to the distribution or offers or sells for an issuer or an affiliate of an issuer in connection with the distribution of any security or participates or has a direct or indirect participation in any such undertaking or participates or has a participation in the direct or indirect underwriting of any such undertaking, provided that:

  (a)  A person shall be presumed not to be an underwriter with respect to any securities which he has owned beneficially for at least one year. See Louisiana Revised Statutes 51:702

• Using agency: means any governmental body of the state which utilizes any supplies, services, or major repairs purchased under this Chapter. See Louisiana Revised Statutes 39:1556
• Wholesale distributor: means any person engaged, directly or indirectly, in the sale or distribution of motor vehicles to agents or dealers. See Louisiana Revised Statutes 51:661