§ 3:1450 — Local regulations

§1450. Local regulations
A. The regulation of seeds is preempted by this Part. No municipality, parish, local
governmental entity, or governing authority of any public or private group or association
having jurisdiction over a specific geographic area shall enact ordinances or subdivision
restrictions or regulations regarding seeds that in any way affect the registration, distribution,
sale, or planting of seeds, except as provided for in this Section.
B. Municipalities, parishes, local governmental entities, or governing authorities of
any public or private group or association may request that a department rule or regulation
applicable to the registration, distribution, sale, or planting of seeds be amended to provide
for specific problems encountered in or by the entity, group, or association. The following
provisions shall govern any such request:
(1) The request shall be addressed to the commissioner and referred to the
commission for a hearing.
(2) The commission shall make a preliminary determination as to whether the
department rule or regulation should be amended and shall transmit its determination to the
commissioner.
(3) Upon receipt of the commission's preliminary determination, the commissioner
shall make a final determination as to whether the department rule or regulation should be
amended.
(4) If the commissioner determines that the department rule or regulation should be
amended, the commission shall adopt a rule or regulation consistent with the commissioner's
determination. If the commissioner determines that the department rule or regulation should
not be amended, a written notice of his decision shall be provided to the requesting party.
C. Municipalities, parishes, and local governmental entities shall petition the
commissioner for approval of any ordinance applicable to the registration, distribution, sale,
or planting of seeds. The governing authority of a public or private group or association shall
petition the commissioner for approval of any subdivision restriction or regulation applicable
to the registration, distribution, sale, or planting of seeds. The procedure for obtaining such
approval shall be as follows:
(1) The proposed ordinance or subdivision restriction or regulation shall be sent to
the commissioner and referred to the commission for a hearing.
(2) The commission shall make a preliminary determination as to the approval or
disapproval of the proposed ordinance or subdivision restriction or regulation and shall
transmit its determination to the commissioner.
(3) Upon receipt of the commission's preliminary determination, the commissioner
shall approve or disapprove the proposed ordinance or subdivision restriction or regulation.
(4) The requesting party shall be notified of the commissioner's decision in writing.
(5) Any governing authority aggrieved by a final decision of the commissioner shall
have a right to judicial review of the administrative process pursuant to the Administrative
Procedure Act.
D. Municipalities, parishes, local governmental entities, and governing authorities
of a public or private group or association, having in effect, on July 1, 2016, an ordinance or
subdivision restriction or regulation affecting the registration, distribution, sale, or planting
of seeds shall submit the ordinance or subdivision restriction or regulation to the
commissioner on or before December 1, 2016, for approval pursuant to the provisions of this
Section. Any such ordinance or subdivision restriction or regulation received by the
commissioner on or before December 1, 2016, shall continue in full force and effect, unless
the commissioner disapproves the ordinance or subdivision restriction or regulation in
accordance with the provisions of this Section. Any such ordinance or subdivision restriction
or regulation not received by the commissioner on or before December 1, 2016, shall be void.

Legislative History

Acts 2016, No. 392, §1, eff. June 5, 2016.