§ 3:4108 — Disruptive trade practices

Louisiana § 3:4108

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§4108. Disruptive trade practices
A. Unfair methods of competition, unfair or deceptive acts or practices and
disruptive trade practices are hereby declared unlawful with respect to the sale of milk and
milk products.
B. The board is hereby empowered and directed to prevent persons, partnerships and
corporations from using unfair methods of competition, unfair or deceptive acts or practices
and disruptive trade practices in the sale of milk and milk products, and the board, after
notice and hearing, shall promulgate rules and regulations implementing the policy and
purposes of this Subpart and defining with specificity acts and practices in the sale of milk
and milk products which are unfair methods of competition, unfair or deceptive acts or
practices and disruptive trade practices and providing for the investigation of complaints
thereunder and the enforcement thereof. Such rules and regulations so promulgated shall not
be in derogation of or inconsistent with the provisions of Parts IV, VI and VIII of Chapter
1 of Title 51 of the Louisiana Revised Statutes of 1950.
C. The adoption, issuance, amendment or repeal of any rule or regulation provided
for in this Section shall be accomplished in accord with the provisions of the Administrative
Procedure Act, R.S. 49:950, et seq.
D. No handler, processor or distributor shall refuse to accept or discontinue to
receive milk from a milk producer as a result of such producer's affiliation with a cooperative
association or as a result of activities engaged in by such cooperative association or efforts
to organize a producer association; provided this provision shall not apply to milk which is
not produced in compliance with sanitary requirements of the Louisiana Health and Human
Resources Administration.
E. Nothing contained herein shall prohibit the donation of ice cream and/or frozen
desserts to nonprofit charitable groups, organizations, institutions or any other such entities.
F. The dock method of distribution is defined as the distribution of milk and milk
products at the processor's plant to distributors and retailers. The dock method of
distribution of milk and milk products shall not be unlawful as it applies to the provisions
of this Subpart.

Legislative History

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