2006 Louisiana Laws - RS 3:1892 — Creation of feed commission; powers and authority

§1892.  Creation of feed commission; powers and authority

A.(1)  There is hereby created within the Department of Agriculture the Louisiana Feed Commission to be composed of the commissioner of agriculture, the director of the Louisiana Agricultural Experiment Station, the director of the Louisiana Cooperative Extension Service, the president of the Louisiana Farm Bureau Federation, Inc., the chairmen of the Livestock Advisory Committee and the Dairy Advisory Committee of the Louisiana Farm Bureau Federation, Inc., the president of the Louisiana Thoroughbred Breeder's Association, the president of the Louisiana Cattlemen's Association, the president of the Louisiana Grain and Feed Dealer's Association, and a person who owns or operates a feed business which is not a member of the Louisiana Grain and Feed Dealer's Association and an independent feed manufacturer domiciled in Louisiana each of whom shall be appointed by and who shall serve at the pleasure of the governor, or their duly authorized representatives.  Each appointment by the governor shall be submitted to the Senate for confirmation.

(2)  Members of the commission shall not receive any salary for their duties as members.  The appointed members may receive a per diem for each day spent in actual attendance of meetings of the commission.  The amount of the per diem shall be fixed by the commission in an amount not to exceed forty dollars.  The appointed members may receive a mileage allowance for mileage traveled in attending meetings.  The mileage allowance shall be fixed by the commission in an amount not to exceed the mileage rate for state employees.

B.  The commission may adopt all rules and regulations necessary to carry out the intent and purposes of this Chapter.

C.  In the interest of uniformity, the commission by regulation shall adopt, unless it determines that they are inconsistent with the provisions of this Chapter or are not appropriate to conditions which exist in this state, the following:

(1)  The Official Definitions of Feed Ingredients and Official Feed Terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization.

(2)  Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act.

D.  All rules and regulations shall be adopted in accordance with the Administrative Procedure Act.

E.  The commissioner of agriculture shall be ex officio chairman of the commission and shall be its chief executive officer responsible for the enforcement of this Chapter.  He shall have the authority to administer the provisions of this Chapter and shall enforce the rules and regulations adopted from time to time by the commission.

F.  The director of the Agricultural Experiment Station shall be designated as the state chemist and shall be responsible for making any chemical analysis or other tests necessary for carrying out the provisions of this Chapter.

G.  The commission by rule may exempt from the provisions of this Chapter hay, straw, stover, silage, cobs, husks, hulls, individual chemical compounds or substances, and similar commodities when they are not mixed with substances regulated under this Chapter.

H.  The commission, with the approval of the commissioner, may employ a director and an assistant director who shall be in the unclassified service.  The commissioner shall employ all other personnel of the commission.  All employees of the commission shall be under the supervision and direction of the commissioner.

Amended by Acts 1981, No. 119, §1; Acts 1984, No. 523, §1; Acts 1985, No. 46, §1.