RS 3:1900 Repealed by acts 2010, no. 579, §3.
§1900. Deficiency assessments; enforcement
A. If a given lot or shipment of feed is found by official sample and analysis to be deficient in one or more of the guaranteed feeding units, a deficiency assessment shall be assessed against the registrant with respect to the lot of shipment of feed in question in accordance with the following provisions:
(1) Crude protein:
(a) For feeds guaranteed to contain 0-19.99% protein a deficiency assessment of four times the value of the protein deficiency if such deficiency is in excess of two percent of the guaranteed analysis plus an analytical tolerance factor of .3%.
(b) For feeds guaranteed to contain 20-34.99% protein a deficiency assessment of four times the value of the protein deficiency if such deficiency is in excess of two percent of the guaranteed analysis plus an analytical tolerance factor of .4%.
(c) For feeds guaranteed to contain 35-49.99% protein a deficiency assessment of four times the value of the protein deficiency if such deficiency is in excess of two percent of the guaranteed analysis plus an analytical tolerance factor of .5%.
(d) For feeds guaranteed to contain fifty percent or more protein a deficiency assessment of four times the value of the protein deficiency if such deficiency is in excess of two percent of the guaranteed analysis plus an analytical tolerance factor of .6%.
(2) Crude fat: A deficiency assessment of ten percent of the retail purchase price of the feed if the deficiency is greater than ten percent of the guarantee.
(3) Crude fiber: A deficiency assessment of ten percent of the retail purchase price of the feed if the excess is greater than ten percent of the guarantee.
(4) Minerals: A deficiency assessment of ten percent of the purchase price of the feed if the deficiency or excess, where applicable, is greater than the tolerance established by the commission by rule.
B. When the commissioner has evidence which indicates that a person has committed an offense for which the deficiency assessment is found in Subsection A of this Section, the commissioner shall notify the person by certified mail, return receipt requested, of the facts involved in the alleged offense and the deficiency assessment set forth in Subsection A of this Section for the alleged offense. If the alleged violator does not pay the deficiency assessment within thirty days of the notice or the alleged violator disputes the deficiency found, the commissioner may call a hearing to adjudicate the matter as provided in Subsection E of this Section. All deficiency assessments assessed pursuant to this Subsection shall be paid to the person who purchased the feed for use when that person can be identified.
C. The commission may assess a civil penalty of not more than one thousand dollars for any violation of this Chapter other than those found in Subsection A of this Section. Each day on which a violation occurs shall be considered a separate offense.
D. The commission may suspend or revoke the registration of any manufacturer for any violation of the provisions of this Chapter or of the rules and regulations adopted under the provisions of this Chapter.
E. Civil penalties may be assessed and registrations may be suspended or revoked only by a ruling by the commission based on an adjudicatory hearing held in accordance with the Administrative Procedure Act.
F. The commission may institute civil proceedings to enforce its rulings in the district court for the parish in which the violation occurred.
G. The commission may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of this Chapter or of the rules and regulations adopted under the provisions of this Chapter in the district court for the parish in which the violation occurred.
H. The commission shall not waive any penalty imposed under the provisions of this Chapter.
Added by Acts 1984, No. 523, §1; Acts 2009, No. 24, §1, eff. June 12, 2009.