Terms Used In Louisiana Revised Statutes 3:2091

  • Applicant: means a person or place of business that makes a formal application for a license, permit, certification, registration, or certificate issued pursuant to this Title. See Louisiana Revised Statutes 3:1
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Ex officio: Literally, by virtue of one's office.
  • Livestock: means any animal bred, kept, maintained, raised, or used for show, profit, or for the purpose of selling or otherwise producing crops, animals, or plant or animal products for market. See Louisiana Revised Statutes 3:2130
  • Oath: A promise to tell the truth.
  • Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • Quorum: The number of legislators that must be present to do business.

            A. The Louisiana Board of Animal Health is hereby created within the Department of Agriculture and Forestry. The board shall be domiciled in Baton Rouge.

            B. The board shall consist of the following eighteen members appointed by the commissioner of agriculture and forestry in accordance with the following provisions:

            (1) One member appointed from a list of three persons nominated by the Louisiana Livestock Marketing Association.

            (2) One member appointed from a list of three persons nominated by the Louisiana Farm Bureau Federation.

            (3) One member appointed from a list of three persons nominated by the Louisiana Veterinary Medical Association.

            (4) One member who is a breeder of purebred cattle appointed from a list of three persons nominated by the Louisiana Cattlemen’s Association.

            (5) One member who is a breeder of commercial cattle appointed from a list of three persons nominated by the Louisiana Cattlemen’s Association.

            (6) One member appointed from a list of three persons nominated by the Louisiana Thoroughbred Breeders’ Association.

            (7) One member appointed from a list of three persons nominated by the Louisiana Pork Producers’ Association.

            (8) One member appointed from a list of three persons nominated by the Louisiana Sheep Producers’ Association.

            (9) One member appointed from a list of three persons nominated by the Louisiana Poultry Federation.

            (10) One member appointed from a list of three persons nominated by the commissioner of agriculture.

            (11) One member representing the meat industry appointed from a list of three persons nominated by the Independent Meat Packers Association.

            (12) One dairy farmer.

            (13) One member who is a livestock dealer appointed from the livestock dealers permitted by the board.

            (14) One member who is a poultry grower appointed from a list of three persons nominated by the Louisiana Farm Bureau Federation.

            (15) One member who is an exotic animal farmer licensed pursuant to La. Rev. Stat. 3:3102.

            (16) Two members appointed by the commissioner, one from a list of nominees submitted by the chairman of the Senate Committee on Agriculture, Forestry, Aquaculture, and Rural Development and one from a list of nominees submitted by the chairman of the House Committee on Agriculture, Forestry, Aquaculture, and Rural Development.

            (17) One member appointed from a list of three persons nominated by the Louisiana Meat Goat Association.

            C. The commissioner of agriculture and forestry shall serve on the board as ex officio member with the same rights, powers, duties, responsibilities, and privileges as appointed members.

            D. Members shall be appointed for terms which shall end at the same time as the term of the commissioner making the appointment. Members shall serve until their successors in office are appointed and sworn in. Each member shall take and subscribe to the oath of office prescribed for state officers.

            E.(1) Members shall be appointed no later than the sixtieth day after the commissioner takes office, or the sixtieth day after a vacancy occurs, or the sixtieth day after nominations are received by the commissioner, whichever is later.

            (2) The initial appointment of the member who is an exotic animal farmer shall be no later than the sixtieth day after August 15, 1997. Thereafter, such appointment shall be made pursuant to Paragraph (1).

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

            G. Vacancies in the offices of the members shall be filled in the same manner as the original appointments for the unexpired portion of the term of the office vacated.

            H. A majority of the members of the board shall constitute a quorum for the transaction of business. All official actions of the board shall require the affirmative vote of a majority of the members of the board. However, no member may vote to deny a charter, permit, or license to any person applying for such if the applicant would be in direct competition with the member’s business operation.

            I. Members may designate representatives to attend meetings of the board. Members who appoint representatives shall provide notice to the board of such action. Representatives shall present written authorization, signed by a member, to the board prior to attending a meeting. Representatives shall not have voting rights.

            J. The board, by a vote of two-thirds of the members, may expel a member who has accumulated three consecutive unexcused absences from board meetings.

            K. Members of the board 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 board or of duly appointed committees or subcommittees of the board. The amount of the per diem shall be fixed by the board 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 board in an amount not to exceed the mileage rate for state employees.

            L. The board may meet on the call of the chairman or upon the request of any three members.

            M. The board may authorize the commissioner, and the commissioner hereby shall be so authorized, to direct livestock brand inspectors to assist in the enforcement of the provisions of this Chapter and the rules and regulations adopted pursuant to the provisions of this Chapter; and any such livestock brand inspector shall have such additional power and authority in accordance with the provisions of this Chapter.

            Acts 1995, No. 233, §1; Acts 1995, No. 242, §1; Acts 1995, No. 613, §1; Acts 1997, No. 5, §1; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2009, No. 24, §8N, eff. June 12, 2009; Acts 2010, No. 495, §1, eff. June 24, 2010; Acts 2010, No. 645, §1, eff. June 29, 2010; Acts 2021, No. 65, §1, eff. June 4, 2021.