Current through Register Vol. 50, No. 12, December 20, 2024
Section XVII-157 - Probationary Status of RegistrantsA. A registrant shall be placed on probation by the commission when 25 percent of the official samples taken from a single registrant during one complete fiscal year are found to be deficient, provided that a minimum of six samples and at least 2 percent of the total tonnage sold for that fiscal year is sampled.B. Notification shall be given, in writing, to any registrant placed on probation within 30 days of the date on which the commission took action to place the registrant on probation.C. The commission may assess a civil penalty of not more than $1,000 for any violation other than those found in R.S. 3:1400(A). Each day on which a violation occurs shall be considered a separate offense.D. The commission shall not waive any penalty imposed under the provisions of R.S. 3:1391 et seq.E.1. A registrant who is placed on probation shall be subject to an increase of sampling up to 20 percent of the total tonnage of products offered for sale during the fiscal year of probation, or until probation is terminated by the commission.2. In order to be removed from probation, a minimum of nine samples and 3 percent of the total tonnage sold must be taken and analyzed during the year of probation. The deficiency rate of samples taken must be less than 20 percent.F. If a registrant continues to introduce products, of which the official samples' deficiency rate exceeds 20 percent, into the stream of commerce for one year, the registrant shall be summoned before the commission at its next meeting following the end of the year of probationary status to determine whether registration shall be canceled or renewal of registration shall be denied for cause.G. The registrant shall be notified, in writing, by the commission when probationary status is terminated.La. Admin. Code tit. 7, § XVII-157
Promulgated by the Department of Agriculture, Feed Commission, LR 11:228 (March 1985), amended by the Department of Agriculture and Forestry, Feed Commission, LR 14:348 (June 1988), amended by the Feed, Fertilizer, and Agricultural Liming Commission, LR 38:2526 (October 2012).AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1392 and R.S. 3:1400.