RS 3:1312 Repealed by acts 2010, no. 579, §3.
§1312. Fertilizer Commission creation; powers and responsibilities
A. There is hereby created a Fertilizer Commission to be comprised of the commissioner of agriculture and forestry, the director of the Louisiana Agricultural Experiment Station, the director of the Louisiana Cooperative Extension Service, the president of Louisiana Farm Bureau Federation, Inc., and the president of the Louisiana Ag Industries Association, or their duly authorized representatives. The commission is empowered to make such rules and regulations as are necessary to carry out the intent and purpose of this Part.
B. The commissioner of agriculture shall be ex officio chairman of the commission and shall be its chief executive officer responsible for enforcement of this Part. He is empowered to employ personnel to purchase supplies and make such other expenditures as may be necessary for enforcing this Part. However, the commission shall employ a director and assistant director who shall be appointed by the commission, subject to the approval of the commissioner. The director and assistant director shall be in the unclassified service.
C. The state chemist shall be responsible for making any chemical analysis or other tests necessary for carrying out the provisions of this Part. He shall determine annually the values per pound of nitrogen, available phosphoric acid, potash and any other substance claimed to have value as a fertilizer. The values so determined shall be used in determining and assessing penalties.
D. The commissioner, or his representative, shall have access to any premise where there is reason to believe that fertilizer sold, offered, or exposed for sale is present, or where there is bulk storage of dry or liquid fertilizer, and is empowered to examine any fertilizer found there as to labeling or weight and may open any package and take a sample for analysis. Samples taken are to be placed in a suitable container, properly labeled for identification, and submitted to the state chemist for analysis. No cause for action against a guarantor shall result from an analysis of a sample drawn from less than five percent of the original packages at the place of sampling where the lot sampled contains less than one thousand packages. Where the lot sampled contained one thousand or more packages, the sample shall be drawn from fifty packages in that lot. If there are less than ten packages in the lot, each package in the lot must be sampled. However, single samples may be taken from liquid fertilizers or those fertilizers sold in small packages. In case of question as to the accuracy of the analysis, and on written request from the guarantor made within ten days after receipt of the analytical report, another sample may be drawn and submitted to a chemist, agreeable to the commissioner, for analysis. The cost of such analysis is to be borne by the guarantor.
E. The commissioner shall publish at least annually a report of all analyses of official samples made by the state chemist. Further, he may publish or make known any information resulting from analysis or inspection of fertilizers which he feels to be necessary in the public interest.
F. If a violation of any of the provisions of this Part occurs, the commissioner shall issue a stop sale order preventing further sale, movement, or disturbance of any lot of fertilizer involved until settlement of all actions against the guarantor are made. On settlement of an action the commissioner may take the following measures according to the nature of his findings:
(1) Release the fertilizer for sale.
(2) Require the guarantor to take up the fertilizer and reimburse the purchaser.
(3) Sell the fertilizer at public auction.
(4) Destroy the fertilizer.
G. Repealed by Acts 2008, No. 61, §2, eff. June 5, 2008.
H. Repealed by Acts 2009, No. 24, §7, eff. June 12, 2009.
I. The commissioner, or his representative, shall have access to and the authority to inspect any records relating to the storage and distribution of fertilizer.
J. The commissioner, or his representative, may set design standards for the construction of fertilizer containment facilities in any area where bulk fertilizer, dry or liquid, is stored and to inspect such facilities for compliance with such standards. The purpose of the containment facilities shall be to protect the environment from pollution due to spillage, seepage, or run-off of fertilizer from bulk storage sites.
Amended by Acts 1974, No. 359, §3; Acts 1975, No. 367, §2; Acts 1986, No. 447, §1, eff. July 1, 1986; Acts 1990, No. 119, §1; Acts 2008, No. 61, §§1, 2, eff. June 5, 2008; Acts 2008, No. 920, §1, eff. July 14, 2008, Acts 2009, No. 24, §§1, 7, eff. June 12, 2009.