§ 3:1399 — Detained commercial feeds; withdrawal from distribution; condemnation and

Louisiana § 3:1399

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§1399. Detained commercial feeds; withdrawal from distribution; condemnation and
confiscation; stop order
A. When the commissioner or his authorized agent has reasonable cause to believe
any lot of commercial feed is being distributed in violation of any of the provisions of this
Part or of any of the prescribed regulations of the commission, he may issue and enforce a
written or printed stop order warning the distributor not to dispose of the lot of commercial
feed in any manner until written permission is given by the commissioner or the court. The
commissioner shall release the stop order when the provisions and regulations have been
complied with. If compliance is not obtained within thirty days, the commissioner may begin
or upon request of the distributor or registrant shall begin proceedings for condemnation.
B. Any lot of commercial feed not in compliance with the provisions of this Part and
regulations of the commission shall be subject to seizure upon the petition of the
commissioner to the district court of the parish in which the commercial feed is located. In
the event the court finds the commercial feed to be in violation of this Part and orders the
condemnation of the commercial feed, it shall be disposed of in any manner consistent with
the quality of the commercial feed and the laws of the state including sale of the feed at
public auction or destruction of the feed at the distributor's expense. In no instance shall the
disposition of the commercial feed be ordered by the court without first giving the registrant
or distributor an opportunity to apply to the court for release of the commercial feed or for
permission to process or relabel the commercial feed to bring it into compliance with this
Part.
C. The commissioner may stop the sale, distribution, or movement of any
commercial or customer-formula feed, whole or cracked unmixed grains or seeds, whole
hays, straw, chaff, or hulls from grains or seeds, corn stover, or other materials which are
sold for the purpose of feeding livestock and which the commissioner or his authorized agent
has reasonable cause to believe contains any disease, toxin, hazardous waste, poisonous
residues, or other material which poses an immediate threat to the lives or health of livestock
in this state. A stop order may be issued by the commissioner without a court order, and the
feed or material which is subject to the stop order may be detained for up to five working
days. If an amicable agreement as to the disposition of the feed or material cannot be reached
in that time, the commissioner shall begin proceedings for condemnation.
D. The commissioner may temporarily suspend the sale, distribution, or movement
of any raw milk from a producer when the raw milk causes an outbreak of a contagious or
infectious disease that poses an immediate threat to animal or public health. For the purposes
of this Part, the Senate and House committees on agriculture, forestry, aquaculture, and rural
development may conduct oversight review to override the commissioner's temporary
suspension.

Legislative History

Acts 2010, No. 579, §1; Acts 2012, No. 146, §1, eff. May 14, 2012; Acts 2024, No. 699, §1.