RS 3:1313 Repealed by acts 2010, no. 579, §3. - Louisiana Statutes

§1313.  Restrictions on sale of fertilizer

A.  Each person who manufactures, sells or offers fertilizer for sale under his name or brand shall be registered by the commission.  Such registration shall be renewed annually on January 1.  Renewal of registration may be denied for cause.

B.  All fertilizers sold in the state must be labeled by tag or printed label if packaged and by invoice if in bulk to show:

(1)  Name and address of registrant.

(2)  Net weight of contents of package.  Bulk deliveries must be accompanied by stamped weight tickets, unless otherwise provided by the commission.

(3)  The minimum percent by weight of nitrogen (N).

(4)  The minimum percent by weight of available phosphoric acid (P2O5).

(5)  The minimum percent by weight of soluble potash (K2O).

(6)  In the case of bone, rock phosphate, basic slag, and other materials of low available phosphorus, the total content of phosphoric acid (P2O5) shall be guaranteed in lieu of available phosphoric acid (P2O5).

(7)  The commission shall be authorized to permit guarantees for phosphorus and potassium on an elemental basis and to make such changes in other provisions of this Part as are appropriate.

(8)  Other elements having value as fertilizer: the minimum percent by weight shall be guaranteed on an elemental basis provided minimum levels set by the commission be met or exceeded.

C.(1)  Every person manufacturing or selling fertilizer as defined in R.S. 3:1311 shall pay to the commission an inspection fee of one dollar per ton on all fertilizers sold in the state, provided that in lieu of the inspection fee, those selling small package goods in total amount of less than one hundred tons per year shall pay a one hundred dollar fee.

(2)(a)  Payment of tonnage fee shall be on the basis of tonnage reports submitted by the registrant who prior to making sales must file a statement with the commission agreeing to keep such records as are necessary to accurately indicate the tonnage and kind of fertilizer sold and must grant the commission the right to examine such records for verification of the statement of tonnage.  The tonnage reports shall be made on forms supplied by the commission for supplying the necessary tonnage and statistical information.  The tonnage reports and inspection fees shall be due and payable on the first day of July, the first day of October, the first day of January, and the first day of March.

(b)  If the report is not filed and payment made within thirty days after the due date, a penalty of ten percent of the amount due shall be assessed against the registrant.  If payment is not made within thirty days after the due date, the amount of fees due plus the penalty shall constitute a debt and shall become the basis for a judgment against the registrant.

(c)  Any information as to the amount of fertilizer sold and business practices of the registrant obtained from tonnage reports and from inspection of records and books shall remain confidential and shall not be revealed by the commission or its employees to the public or to other registrants.

D.  Repealed by Acts 1976, No. 128, §3.

E. (1)  No superphosphate containing less than eighteen percent available phosphoric acid (P2O5) shall be sold in this state.

(2)  The provisions of this Subsection shall not apply to specialty fertilizer as defined in R.S. 3:1311(12) or to mixtures whose primary purpose is to supply the so-called "minor elements".

F.  Provided, however, upon a determination by the commissioner that a shortage of fertilizer exists to a degree sufficient to constitute an emergency, he may authorize the sale of basic slag with not less than three units of phosphate and six units of soluble potash, to be used as fertilizer during such emergency.

Amended by Acts 1974, No. 172, §1; Acts 1974, No. 359, §3; Acts 1976, No. 128, §2; Acts 1984, No. 840, §1; Acts 2003, No. 118, §1, eff. Jan. 1, 2004; Acts 2008, No. 61, §1, eff. June 5, 2008; Acts 2009, No. 24, §1, eff. June 12, 2009.

NOTE: See Acts 1984, No. 840, §2.