Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

As used in this Chapter, unless the context otherwise requires:

(1)  “Administrative rules and regulations” means rules and regulations that are applicable to a particular marketing order which is issued and made effective by the commissioner pursuant to La. Rev. Stat. 3:3522.

(2)  “Advertising and sales promotion” means trade promotion and activities which prevent the restriction of the free flow of any commodity to market.  This may include presenting facts to, and negotiating with, state, federal, or foreign governmental agencies on matters which affect the marketing order.  This will also allow reimbursement payments to offset commodity transportation costs to foreign markets.

(3)  “Commissioner” means the commissioner of agriculture of the state of Louisiana.

(4)  “Commodity,” except as otherwise provided in La. Rev. Stat. 3:3509(F), means any agricultural, horticultural, floricultural, aquacultural, or vegetable product which is produced in this state, and any class, variety, or utilization of such product, either in its natural state or in processed form for marketing.  It does not, however, include all of these or their products: milk, timber, cotton, bees, honey, rice, soybeans, livestock, poultry, feedcorn, sugar cane, and sweet potatoes.

(5)  To “directly affect” or “directly regulate” means the direct application of regulations upon any person, including the requirement to pay marketing order assessments which are levied pursuant to such order.

(6)  “Distributing” means engaging in the business of a distributor as defined in Paragraph (7).

(7)  “Distributor” means any person other than a producer or processor, who sells commodities to one or more retailers of such commodities.

(8)  “General rules and regulations” means those which are applicable to all marketing orders and marketing agreements and are issued by the commissioner to provide uniform methods to facilitate the administration and enforcement of all such marketing orders and marketing agreements.  Such uniform methods may include but shall not be limited to any of the following:

(a)  Methods which pertain to the handling of monies which are received from assessments collected.

(b)  The preparation, handling, and payment of claim schedules for the payment of bills, salaries, and other obligations.

(c)  Establishing the maximum rates to be allowed for travel expenses of board members and board employees.

(d)  The preparation, verification, and finding of evidence which relates to violations of marketing orders, agreements, and marketing regulations, and other fiscal and administrative activities which the commissioner finds are necessary in the administration and enforcement of such marketing orders and agreements.

(9)  “Handler” means any person that is engaged as a distributor or any person that is engaged as a processor.

(10)  “Handling” means engaging in the business of a handler as defined in Paragraph (9).

(11)  “Major amendments” means amendments to any marketing order or agreement which are made pursuant to La. Rev. Stat. 3:3517.  It does not include a seasonal marketing regulation.

(12)  “Marketed by producers” means producer marketing, as defined by Paragraph (19).

(13)  “Marketing order” means an order which is issued by the commissioner, which prescribes rules and regulations that govern the processing, distributing, or handling in any manner of any commodity within this state during any specified period.

(14)  “Minor amendments” are amendments to any marketing order or agreement which change or modify the language or the provisions of any such marketing order or agreement for the purpose of clarification, or the removal of conflicts of meaning without involving changes or modifications of language or provisions which are classed as major amendments.

(15)  “Person” means an individual, firm, corporation, association, or any other business unit, and includes any state agency which engages in any of the commercial activities which are regulated pursuant to the provisions of this Chapter.

(16)  “Processing” means engaging in the business of a processor as defined in Paragraph (17).

(17)  “Processor” means any person that is engaged within this state in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing, or changing the form of any commodity for the purpose of preparing it for market or of marketing such commodity, or any other activities which are performed for the purpose of preparing it for market or of marketing such commodity.  It does not, however, include a person that is engaged in manufacturing from any processed commodity, so changed in form, it becomes another and different product.

(18)  “Producer” means any person that is engaged within this state in the business of producing any commodity.

(19)  “Producer marketing” means any or all operations which are performed by any producer in preparing for market.  This shall not, however, pertain to direct farmer to consumer marketing or farmers’ markets.  It includes selling, delivering, or disposing of, for commercial purposes to any handler, any commodity which the producer has produced.

(20)  “Retailer” means any person that purchases any commodity for resale at retail to the general public for consumption off the premises.

(21)  “Seasonal marketing regulation” means marketing regulations that are applicable to a particular marketing order which are made effective by the commissioner pursuant to La. Rev. Stat. 3:3523.

(22)  “Marketing agreement” means a voluntary contract between growers and handlers and the commissioner of agriculture.  State marketing agreements apply only to those growers and handlers who sign them.

Added by Acts 1978, No. 500, §1; Acts 2009, No. 24, §8J, eff. June 12, 2009; Acts 2010, No. 861, §3.