La. Admin. Code tit. 7 § XI-127

Current through Register Vol. 50, No. 12, December 20, 2024

Section XI-127 - Probationary Status of Registrants

A. A registrant shall be placed on probation by the commission when 25 percent of the official samples taken from a single registrant during one year are found to be deficient; provided that a minimum of four samples and at least 2 percent of the total tonnage sold during that year is sampled.

B. A registrant located within the state of Louisiana who is placed on probation shall be subject to an increase of sampling up to 20 percent of the total product offered for sale until the probation is terminated by the commission.

C. A registrant located outside the state of Louisiana who is placed on probation shall not unload any shipment of fertilizer until the lot has been sampled by a department inspector.

D. Notification shall be given, in writing, to any registrant placed on probation within 30 days of the date on which the commission took action to place the registrant on probationary status. Notification shall not be required for any registrant already on probation at the effective date of these regulations.

E. After the first year of probationary status, the probation may be terminated by the commission when chemical analysis of samples representing up to 20 percent of the registrant's total sales reflects an overall deficiency rate of less than 20 percent.

F. If a registrant continues to introduce products of which the official samples' deficiency exceeds 25 percent into the stream of commerce for one year, the registrant shall be summoned before the commission at its next meeting after the end of the year of probationary status, to determine whether registration shall be canceled or renewal of registration shall be denied for cause.

G. The registrant shall be notified, in writing, by the commissioner when probationary status is terminated.

La. Admin. Code tit. 7, § XI-127

Promulgated by the Department of Agriculture, Fertilizer Commission, LR 7:164 (April 1981), amended LR 12:496 (August 1986), amended by the Department of Agriculture and Forestry, Feed, Fertilizer, and Agricultural Liming Commission, LR 38:2523 (October 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1382.