§4603. Commission of Weights and Measures

            A. The Louisiana Commission of Weights and Measures is hereby created within the Department of Agriculture and Forestry. The commission shall be domiciled in Baton Rouge, Louisiana.

            B. The commission shall consist of the following ten members appointed by the commissioner as follows:

            (1) One representative of retail trades involving sales by weight, measure, or count who shall be appointed by the commissioner from a list of three nominees submitted by the Louisiana Retail Association.

            (2) One representative of agricultural industries involving sales by weight, measure, or count.

            (3) One representative who shall be appointed by the commissioner from a list of three nominees submitted by the Louisiana Restaurant Association.

            (4) One representative of nonagricultural manufacturing, processing, packing, or distribution industries which are commercial weighing and measuring device users.

            (5) One representative of commercial weighing and measuring device sales and service industries.

            (6) Two representatives of consumers appointed from the state at large.

            (7) One representative who shall be appointed by the commissioner from a list of three nominees submitted by the Louisiana Ag Industries Association.

            (8) One representative who shall be appointed by the commissioner from a list of three nominees submitted by the Louisiana Livestock Markets Association.

            (9) One representative who shall be appointed by the commissioner from a list of three nominees submitted by the Louisiana Oil Marketers and Convenience Stores Association.

            C. Each appointment by the commissioner shall be submitted to the Senate for confirmation.

            D. Members shall be appointed for terms concurrent with the term of the commissioner of agriculture and forestry. However, members shall serve until their successors in office are appointed and qualified.

            E. The commissioner may appoint an alternate member for each member he appoints. The alternate member shall be appointed from the same list of nominees and in the same manner as the appointed member. Any alternate who attends a meeting as a representative of a member shall have the same rights, powers, and privileges, including voting rights, as the member for whom he is an alternate.

            F. A member shall be removed from the commission and his seat declared vacant if any of the following apply:

            (1) The member is no longer a legal resident of the state.

            (2) The member fails to remain active in the organization he was appointed to represent or is no longer employed by the agency he was appointed to represent.

            (3) The member is absent from three consecutive meetings within a twelve-month period of time for which the commissioner finds that there are no valid excuses for the absences and the commission chairman verifies the number of unexcused absences.

            G. Any vacancy shall be filled in the same manner as the original appointment for the unexpired portion of the term of the office vacated.

            H. A majority of the members of the commission present at a meeting shall constitute a quorum for the transaction of business. All official actions of the commission shall require the affirmative vote of a majority of the members of the commission present.

            I. Members of the commission shall not receive any salary for their duties as members. Members may receive a per diem for each day spent in actual attendance of meetings of the commission or of duly appointed committees or subcommittees of the commission. The amount of the per diem shall be fixed by the commission in an amount not to exceed forty dollars. 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.

            J. The commission shall meet two times per year and may meet on the call of the chairman or upon the request of three members or the director.

            K. The commission shall employ a director and an assistant director, who shall be appointed by the commissioner, subject to Senate confirmation. The director and assistant director shall be in the unclassified service. The commissioner may employ such other personnel of the commission as he deems appropriate. All employees of the commission shall comprise the division of weights and measures in the department and shall be under the direction and supervision of the commissioner.

            L. Employees of the commission shall possess the authority and powers of the commission and the commissioner when implementing the provisions of this Chapter.

            Acts 1992, No. 55, §1; Acts 2003, No. 117, §1, eff. July 1, 2003; Acts 2009, No. 24, §1, eff. June 12, 2009; Acts 2018, No. 172, §1.