§4712. Use of state-owned trademarks or labels for agricultural and seafood promotions;
Agricultural and Seafood Products Support Fund; rules and regulations
A. As used in this Part:
(1) "Agricultural products" shall include aquacultural, horticultural, viticultural,
forestry, dairy, livestock, poultry, bee, and farm and range products, and furbearing animals
raised or produced on a defined acreage.
(2) "Seafood products" shall include any type of species caught in privately owned
waters or public waters, including streams or lakes, or any final derivative resulting from a
combination or breakdown of raw seafood products.
B. Any state agency shall assist the Department of Economic Development, when
requested by the department, in the development, registration, and licensing of a trademark
or label for use in promoting Louisiana agricultural and seafood products. The department
may sell licenses for the use of such trademark or label developed and registered by the
department to persons, firms, partnerships, corporations, associations, or other organizations,
for the sole purpose of promoting Louisiana agricultural and seafood products. Monies
derived from such sale shall be deposited immediately upon receipt into the state treasury.
NOTE: Subsections C and D eff. until ratification of const. amend. proposed by Acts 2023,
No. 199, §1. See Acts 2023, No. 345.
C. There is hereby established a special fund in the state treasury to be known as the
Agricultural and Seafood Products Support Fund, hereinafter referred to as the "fund." After
compliance with the requirements of Article VII, Section 9(B) of the Constitution of
Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being
placed in the state general fund, an amount equal to that deposited as required in Subsection
B of this Section shall be credited to the fund. Any grants, gifts, and donations received by
the state for the purposes of this Part and any other revenues as may be provided by law shall
be credited to the fund. Additionally, monies may be appropriated to the fund by the
legislature. The monies in the fund shall be used solely as provided in Subsection D of this
Section. All unexpended and unencumbered monies remaining in the fund at the close of
each fiscal year shall remain in the fund. The monies in the fund shall be invested by the
state treasurer in the same manner as monies in the state general fund. All interest earned
from the investment of the monies in the fund shall be deposited in and remain to the credit
of the fund.
D. Subject to appropriation by the legislature, the monies in the fund shall be used
for programs to assist Louisiana farmers and fishermen with support and expansion of their
industries. Monies may also be appropriated for reasonable expenses and costs incurred in
the development, registration, and licensing of trademarks or labels pursuant to the
provisions of this Section.
NOTE: Subsections C and D repealed upon ratification of const. amend. proposed by Acts
2023, No. 199, §1. See Acts 2023, No. 345.
C, D. Repealed by Acts 2023, No. 345, §1, See Act.
E. To implement the provisions of this Section, the secretary of economic
development may participate in cooperative endeavors and, after consultation with the
commissioner of agriculture and forestry, shall adopt such rules and regulations in
accordance with the Administrative Procedure Act as he deems necessary.
NOTE: Subsections F and G eff. until ratification of const. amend. proposed by Acts 2023,
No. 199, §1. See Acts 2023, No. 345.
F. The use of monies from the fund and any rules and regulations adopted shall be
subject to oversight review by the Senate and House committees on agriculture, forestry,
aquaculture and rural development, the Senate Committee on Commerce, Consumer
Protection, and International Affairs, and the House Committee on Commerce.
G. The provisions of this Section shall not apply to or affect funds allocated by
Article VII, Section 4, Paragraphs (D) and (E) of the Constitution of Louisiana.
NOTE: Subsections F and G repealed upon ratification of const. amend. proposed by Acts
2023, No. 199, §1. See Acts 2023, No. 345.
F, G. Repealed by Acts 2023, No. 345, §1, See Act.
Acts 2006, No. 558, §1; Acts 2009, No. 24, §8M, eff. June 12, 2009; Acts 2023, No.
345, §1, See Act.