RS 3:4109 Licenses - Louisiana Statutes

§4109.  Licenses

A.  It shall be unlawful for a processor to buy bulk milk without being licensed as a processor by the commissioner if such processor:

(1)  Operates a processing plant located within the State of Louisiana; or

(2)  Sells dairy products to a retailer or a distributor for resale in the State of Louisiana; or

(3)  Sells dairy products to consumers within the State of Louisiana.

B.  It shall be unlawful for a processor to sell dairy products without being licensed as a processor by the board if such processor:

(1)  Operates a processing plant located within the State of Louisiana; or

(2)  Sells dairy products to a retailer or a distributor for resale in the State of Louisiana; or

(3)  Sells dairy products to consumers within the State of Louisiana.

C.  A separate processor license shall be obtained for each processing plant that is located within the State of Louisiana and for each plant from which dairy products are sold to a retailer or a distributor for resale in the State of Louisiana or to consumers within the State of Louisiana.

D.  It shall be unlawful for a distributor to sell dairy products within the State of Louisiana without being licensed as a distributor by the board.

E.  Each retailer now holding a retailer license issued by the Louisiana Milk Commission is hereby declared to be a retailer licensee of the board.  It shall be unlawful for any retailer not so licensed to sell dairy products without being licensed as a retailer by the board.  A separate retailer license shall be obtained for each retail establishment or unit.

F.  The licenses application of each processor, distributor and retailer required by this Subpart to be licensed by the board or by the commissioner shall be submitted prior to November 1, 1976, or prior to engaging in the business for which the license is required by this Section.  Licenses shall remain in effect until suspended or revoked.  Such licenses shall be in addition to any other licenses required by law and may not be assigned or transferred.  No person licensed by the board or by the commissioner shall be required to pay a license fee.

G.  Licenses issued by the board, including retailer licenses may be suspended or revoked by the board on or after October 1, 1976, upon compliance with the requirements of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950 if the licensee has failed to comply with this Subpart or with the regulations issued by the board.  Licenses issued to processors by the commissioner may be suspended or revoked by the commissioner upon compliance with the requirements of Chapter 13 of Title 49 of the Louisiana Revised Statutes if the licensee has failed to comply with this Subpart or with the regulations or the applicable production stabilization plan issued by the commissioner.  The commissioner may, if requested by a licensee, permit the payment of a penalty in an amount to be set by the commissioner in lieu of a license suspension.  The board may, if requested by a licensee, permit the payment of a penalty in an amount to be set by the board in lieu of a license suspension.

Added by Acts 1974, No. 31, §1.  Amended by Acts 1976, No. 695, §1; Acts 1985, No. 75, §1.