Louisiana Revised Statutes 3:1435 – Authority of the commissioner
Terms Used In Louisiana Revised Statutes 3:1435
- Commissioner: means the commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:1431
- Lot of seed: is a definite quantity of seeds identified by a lot number or mark, every portion or bag of which is uniform, within permitted tolerances, relative to the factors which appear in the labeling. See Louisiana Revised Statutes 3:1431
- Person: means any individual, firm, corporation, association, or partnership. See Louisiana Revised Statutes 3:1431
- Seed: is a propagative part of a plant capable of producing a new plant, including but not limited to those parts commonly referred to as seeds, bulbs, roots, tubers, and other propagating stock. See Louisiana Revised Statutes 3:1431
- Stop order: is a ny written or printed notice given by the commissioner of the Department of Agriculture and Forestry or his authorized agents, to the person with a lot of seed, directing the person not to sell or offer for sale the seed until the requirements of this Part and regulations promulgated hereunder have been complied with and a written release is issued. See Louisiana Revised Statutes 3:1431
The commissioner may:
(1) Employ agents necessary to enforce this Part and the rules and regulations made under this Part.
(2) In order to have access to seeds subject to this Part, enter, during regular business hours, any public or private premises where agricultural, vegetable, or flower seeds or other propagating stock is sold, offered for sale, or distributed.
(3) Issue and enforce a stop order to the person with a lot of seed or other propagating stock that the commissioner finds, or has good reason to believe, is in violation of this Part or the rules and regulations made under this Part.
(4) Establish and maintain a seed laboratory; employ a State seed analyst, other analysts, and other personnel whose work he shall direct and supervise; and incur such other expenses necessary to comply with this Part.
(5) Make purity, germination, and additional tests of seeds for persons upon request. The analyses shown by these tests shall be confidential and shall be made available only to the requestor, unless otherwise specifically authorized by the requestor, and shall be exempt from the Public Records Law, La. Rev. Stat. 44:1 et seq.
(6) Enter, either directly or through a duly authorized agent, the premises of any person producing, processing, distributing, or selling seeds and examine that person’s books, accounts, and records, and obtain any other information necessary, for purposes of enforcing the provisions of this Part and the regulations adopted pursuant to this Part.
(7) Seek and obtain injunctive or other civil relief to restrain and prevent violations of this Part, or rules and regulations adopted pursuant to this Part, or orders and rulings issued by the commissioner pursuant to this Part.
(8) Institute civil proceedings to enforce his orders or rulings, collect any assessments, late fees, fines, penalties, or costs due under this Part or to otherwise enforce the provisions of this Part or rules and regulations adopted pursuant to this Part.
Amended by Acts 1977, No. 149, §3; Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2012, No. 146, §1, eff. May 14, 2012; Acts 2013, No. 26, §1, eff. May 23, 2013; Acts 2018, No. 362, §1, eff. May 20, 2018; Acts 2020, No. 148, §1.