§ 3:1465 — Licensure

Louisiana § 3:1465

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§1465. Licensure
A.(1)(a) Each seed producer shall obtain an annual license issued by the department.
The license shall authorize the licensee to produce, transport, and sell approved seeds to
licensed industrial hemp growers, seed producers, handlers, and processors.
(b) A licensed seed producer shall ensure that the seed complies with the standards
set by the commission.
(c) The department shall provide information that identifies sellers of industrial hemp
seed to growers.
(2) A grower of industrial hemp shall obtain an annual license issued by the
department. The license shall authorize the licensee to possess, store, cultivate, trim, dry,
cure, and transport industrial hemp in this state.
(3) A processor of industrial hemp shall obtain an annual license issued by the
department. The license shall authorize the licensee to possess, store, process, and transport
industrial hemp in this state.
(4) A handler of industrial hemp shall obtain an annual license issued by the
department. The license shall authorize the licensee to handle industrial hemp in this state.
B. Any person desiring to obtain a license shall apply to the commissioner for a
license on a form prescribed by the commissioner. A license must be obtained before a
person purchases or obtains any industrial hemp seeds.
C.(1) The application for any grower, processor, handler, or seed producer license
shall include the following information:
(a) The name and address of the applicant.
(b) The name and address of the designated responsible party, if the applicant is a
business entity.
(c) If applicable, the legal description and global positioning coordinates of the land
area to be used to produce or process industrial hemp.
(2) If any changes are made to the required information in Paragraph (1) of this
Subsection, the applicant shall resubmit the application to the department within fifteen days.
D.(1) Upon application for initial licensure and every three years thereafter, each
applicant shall be required to submit to a criminal background check pursuant to the
provisions of this Subsection. For purposes of this Subsection, "applicant" shall mean an
applicant or designated responsible party as defined in R.S. 3:1462.
(2) The applicant shall submit fingerprints and other identifying information to the
Louisiana Bureau of Criminal Identification and Information for the purpose of obtaining
state and national criminal history record information and grant permission to the department
to obtain the state and national criminal history information on the applicant.
(3) Upon request by the department and upon submission of an applicant's
fingerprints, and such other identifying information as may be required, the bureau shall
survey its criminal history records and identification files and make a simultaneous request
of the Federal Bureau of Investigation for like information from other jurisdictions. The
bureau may charge the applicant a reasonable processing fee for conducting and reporting
on any such search.
(4) Any and all state or national criminal history record information obtained by the
department from the bureau or FBI which is not already a matter of public record shall be
deemed nonpublic and confidential information restricted to the exclusive use by the
department in evaluating the applicant's eligibility or disqualification for licensure. No such
information or records related thereto shall, except with the written consent of the applicant
or by order of a court of competent jurisdiction, be released or otherwise disclosed by the
department to any other person or agency.
(5) No person shall be eligible to obtain a license if convicted under state or federal
law of any of the following:
(a) A felony within the ten years immediately preceding the date of application.
(b) A drug-related misdemeanor within the two years immediately preceding the date
of application.
E. The applicant is responsible for any employee working under the applicant's
license.
F. The provisions of this Section shall not apply to the Louisiana State University
Agricultural Center, the Southern University Agricultural Center, the University of Louisiana
at Monroe Agribusiness Program, and the University of Louisiana at Monroe College of
Pharmacy when performing research and development as provided for in R.S. 3:1469.

Legislative History

Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1; Acts 2021, No. 336, §1; Acts 2022, No. 498, §1, eff. June 16, 2022.