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      RS 30:2019.1     

  

§2019.1. Promulgation of rules and regulations affecting agriculture

            A. No rule, regulation, or permit fee shall be adopted, amended, or repealed which affects the agriculture industry, including both production and processing and their various operations and industries, prior to compliance with this Section.

            B. The governor shall designate a person from the office of the governor to act as a liaison between the department and the agriculture industry, including both production and processing and their various operations and industries.

            C.(1) The department shall inform the chancellor of the Louisiana State University Agricultural Center and the commissioner of agriculture and forestry of proposed rules, regulations, or permit fees and the reasons for such.

            (2) The chancellor shall designate appropriate research, extension, or other personnel under his authority who shall provide documentation to the department and the governor's appointed liaison with respect to:

            (a) The environmental effects of agricultural practices.

            (b) The economic impact of the proposed rules, regulations, or fees.

            (c) The acceptable and unacceptable risk levels associated with traditional and proposed agricultural practices.

            (d) The alternative methods of achieving environmental goals.

            (e) The probable effectiveness of any proposed rules, regulations, or fees.

            (f) Any other information that should be considered.

            D. The positions of the Department of Environmental Quality and the agriculture community, as supported by the chancellor and the commissioner of agriculture and forestry, shall be communicated to the governor through his designated liaison for his participation in implementing or limiting the implementation of any such rule, regulation, or practice change.

            E. Unless an emergency is initially declared by the governor and action is taken as provided for in R.S. 49:953.1, no rule, regulation, or permit fee may be adopted, amended, or repealed which affects the agriculture industry unless statements from the secretary of the department, the chancellor, and the commissioner of agriculture and forestry accompany the rule, regulation, or permit fee which outline their individual opinions on the issues of whether the rule, regulation, or permit fee is justified, practical, and worthy of implementation, and public hearings have been held in accordance with the Administrative Procedure Act. Such statements from the secretary of the department, the chancellor, and the commissioner of agriculture and forestry shall be provided to the appropriate legislative oversight committee by the respective official. The failure of an official to provide a statement shall constitute support for the rule, regulation, or permit fee.

            Acts 1991, No. 860, §1, eff. July 23, 1991; Acts 1993, No. 173, §1; Acts 2021, No. 211, §6.



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