§791.  Shortage of ingredients; procedure for suspending Subpart

A.  Upon making a finding that there is an existing or imminent shortage of any ingredient required by R.S. 40:785 and R.S. 40:787, with the result that the sale and distribution of flour and bread may be substantially impeded by the enforcement of this Subpart, the department shall issue an order, effective immediately, permitting the omission of the particular ingredients from flour or bread.  When it finds that the shortage no longer exists, it shall issue an order, effective not less than ten days after publication, revoking its first order.  

B.  The department may make a finding as to the existence or imminence of any such shortage or the cessation thereof in either of the following two ways:

(1)  On the basis of an order of or factual information supplied by the Federal Food and Drug Administration or any other federal agency possessed of such information, without a public hearing; or

(2)  In the absence of any such order or factual information, after a public hearing, called and held in the following manner.  Upon receipt of the sworn statement of any person subject to this Subpart that such a shortage exists or is imminent or has ceased, the department shall, within ten days thereafter and after at least ten days notice, hold a public hearing on the matter.  Any interested person may present evidence at this hearing in support of the affidavit and any such finding by the department may be based upon the evidence so presented.  

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.