§1382. Commission; creation

            A. There is hereby created, within the Department of Agriculture and Forestry, the Louisiana Agricultural Chemistry and Seed Commission. The commission shall consist of nine members as follows:

            (1) The commissioner of agriculture and forestry or his designee.

            (2) One member and an alternate, representing the Louisiana Agricultural Experiment Station, appointed by the commissioner and who shall serve at the pleasure of the commissioner.

            (3) One member and an alternate, representing the Louisiana Cooperative Extension Service, appointed by the commissioner and who shall serve at the pleasure of the commissioner.

            (4) The president of Louisiana Farm Bureau Federation, Inc. or his designee, subject to the approval of the commissioner.

            (5) One member representing the seed industry appointed by the commissioner from a list of three nominees submitted by the Louisiana Ag Industries Association who shall serve at the pleasure of the commissioner.

            (6) One member representing the fertilizer industry appointed by the commissioner from a list of three nominees submitted by the Louisiana Ag Industries Association who shall serve at the pleasure of the commissioner.

            (7) One member representing the feed industry appointed by the commissioner from a list of three nominees submitted by the Louisiana Ag Industries Association and a list of three nominees submitted by the Louisiana Cattlemen's Association who shall serve at the pleasure of the commissioner.

            (8) One member actively engaged in farming appointed by the chairman of the House Agriculture, Forestry, Aquaculture, and Rural Development Committee.

            (9) One member actively engaged in farming appointed by the chairman of the Senate Agriculture, Forestry, Aquaculture, and Rural Development Committee.

            B. The commissioner shall be ex officio chairman of the commission and shall be its chief executive officer responsible for enforcement of this Chapter. He is empowered to employ personnel, to purchase supplies, and to make such other expenditures as may be necessary for enforcing this Chapter. The commission may appoint a director and assistant director of the feed program, a director and an assistant director of the fertilizer program, and a director and assistant director of the seed program who shall be appointed by the commission, subject to the approval of the commissioner. The directors and assistant directors shall be in the unclassified service. All employees of the commission shall be under the supervision and direction of the commissioner.

            C. Members of the commission shall not receive any salary for their duties as members. The appointed members may receive a per diem for each day spent in actual attendance of meetings of the commission. The amount of the per diem shall be fixed by the commission in an amount not to exceed forty dollars per day. The appointed members may receive a mileage allowance for mileage traveled in attending meetings. The mileage allowance shall be fixed by the commission in an amount not to exceed the mileage rate for state employees.

            D. The commission is empowered to make such rules and regulations as are necessary to carry out the intent and purpose of this Chapter.

            E. The state chemist shall be responsible for making any chemical analysis or other tests necessary for carrying out the provisions of this Chapter. In addition to his responsibilities, the following apply:

            (1) The state chemist shall determine annually the values per pound of nitrogen, available phosphoric acid, potash, and any other substance claimed to have value as a fertilizer.

            (2) The state chemist may determine the value of protein and any other substance guaranteed as a commercial feed.

            (3) The values so determined shall be used in determining and assessing penalties.

            Acts 2010, No. 579, §1; Acts 2013, No. 26, §1, eff. May 23, 2013; Acts 2018, No. 149, §1, eff. May 15, 2018; Acts 2024, No. 101, §1, eff. May 21, 2024.