Louisiana Revised Statutes 3:1450 – Local regulations
Terms Used In Louisiana Revised Statutes 3:1450
- Commission: means the Agricultural Chemistry and Seed Commission. See Louisiana Revised Statutes 3:1431
- Commissioner: means the commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:1431
- Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
A. The regulation of seeds is preempted by this Part. No municipality, parish, local governmental entity, or governing authority of any public or private group or association having jurisdiction over a specific geographic area shall enact ordinances or subdivision restrictions or regulations regarding seeds that in any way affect the registration, distribution, sale, or planting of seeds, except as provided for in this Section.
B. Municipalities, parishes, local governmental entities, or governing authorities of any public or private group or association may request that a department rule or regulation applicable to the registration, distribution, sale, or planting of seeds be amended to provide for specific problems encountered in or by the entity, group, or association. The following provisions shall govern any such request:
(1) The request shall be addressed to the commissioner and referred to the commission for a hearing.
(2) The commission shall make a preliminary determination as to whether the department rule or regulation should be amended and shall transmit its determination to the commissioner.
(3) Upon receipt of the commission’s preliminary determination, the commissioner shall make a final determination as to whether the department rule or regulation should be amended.
(4) If the commissioner determines that the department rule or regulation should be amended, the commission shall adopt a rule or regulation consistent with the commissioner’s determination. If the commissioner determines that the department rule or regulation should not be amended, a written notice of his decision shall be provided to the requesting party.
C. Municipalities, parishes, and local governmental entities shall petition the commissioner for approval of any ordinance applicable to the registration, distribution, sale, or planting of seeds. The governing authority of a public or private group or association shall petition the commissioner for approval of any subdivision restriction or regulation applicable to the registration, distribution, sale, or planting of seeds. The procedure for obtaining such approval shall be as follows:
(1) The proposed ordinance or subdivision restriction or regulation shall be sent to the commissioner and referred to the commission for a hearing.
(2) The commission shall make a preliminary determination as to the approval or disapproval of the proposed ordinance or subdivision restriction or regulation and shall transmit its determination to the commissioner.
(3) Upon receipt of the commission’s preliminary determination, the commissioner shall approve or disapprove the proposed ordinance or subdivision restriction or regulation.
(4) The requesting party shall be notified of the commissioner’s decision in writing.
(5) Any governing authority aggrieved by a final decision of the commissioner shall have a right to judicial review of the administrative process pursuant to the Administrative Procedure Act.
D. Municipalities, parishes, local governmental entities, and governing authorities of a public or private group or association, having in effect, on July 1, 2016, an ordinance or subdivision restriction or regulation affecting the registration, distribution, sale, or planting of seeds shall submit the ordinance or subdivision restriction or regulation to the commissioner on or before December 1, 2016, for approval pursuant to the provisions of this Section. Any such ordinance or subdivision restriction or regulation received by the commissioner on or before December 1, 2016, shall continue in full force and effect, unless the commissioner disapproves the ordinance or subdivision restriction or regulation in accordance with the provisions of this Section. Any such ordinance or subdivision restriction or regulation not received by the commissioner on or before December 1, 2016, shall be void.
Acts 2016, No. 392, §1, eff. June 5, 2016.