La. Admin. Code tit. 7 § V-1227

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-1227 - Stop Orders

A. The department or its authorized representative(s) shall have the right to enter any covered produce farm to inspect that facility and any records pertaining to the growing, harvesting, packing, or holding of covered produce.

B. The department or its authorized representative(s) may, while enforcing the provisions of this Chapter, issue and enforce a written, printed or stamped stop order to prevent covered produce from being sold, shipped or removed from the premises where they are found if:

1. the department's authorized representative has been refused the right to enter the premises where the covered produce has been grown, harvested, packed, or held; or

2. the covered produce farm is in violation of this Chapter;

C. Upon issuance of a stop order, the department may:

1. order that the covered produce may not be sold, shipped, or removed from the premises at the time the stop order is issued.

D. The stop order may be released by the department when:

1. proof of compliance with this Chapter is furnished to the department if the stop order was issued because of a violation of this Section; or

2. a department-authorized representative has been allowed to enter the premises where the covered produce is grown, harvested, packed, or held and inspect the covered produce or inspect records if the stop order was issued based on refusal to allow entry or inspection; or

3. the department determines that circumstances warrant the release of the stop order, upon such terms and conditions that the department deems necessary or proper.

E. Any person aggrieved by the issuance of a stop order by the department may request an administrative adjudicatory hearing to contest the validity of the stop order by making a written request, within five calendar days, to the department for such a hearing. Within five business days after the department receives the written request an administrative adjudicatory hearing shall be held by the department in accordance with the Administrative Procedure Act.

La. Admin. Code tit. 7, § V-1227

Promulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 48402 (3/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S 3:922 and 923.