La. Admin. Code tit. 7 § XV-307

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-307 - Conditions Governing Movement and Handling of Regulated Articles

A. Certificate, Permit or Written Waiver Required

1. Regulated articles moving into, within or from the state of Louisiana shall be accompanied by a certificate or permit issued by an authorized regulatory official in the state where such articles originated, if such state is other than Louisiana, or by the commissioner.

2. Regulated articles may be moved into, within or from the state of Louisiana without a certificate or permit, if accompanied by documentation confirming the point of origin and a written waiver from the commissioner indicating that such movement is consistent with the boll weevil eradication program.

3. The certificate, permit or a written waiver shall be attached securely to the outside of the container in which the regulated articles are moved; or the certificate, permit or written waiver shall be attached to the shipping document, provided the document adequately describes the regulated articles being moved. Copies of all certificates, permits or written waivers shall be furnished by the carrier to the consignee at the final destination.

B. Issuance of Certificates and Permits

1. The commissioner may issue certificates for the movement of regulated articles when such articles:

a. originated in noninfested premises in an eradication zone and have not been otherwise exposed to infestation; or

b. have been treated to destroy infestation in accordance with procedures approved by the commissioner; or

c. have been grown, manufactured, stored or handled in such a manner that, in the judgment of the commissioner, no infestation would be transmitted; or

d. have been examined by the commissioner and found to be free from infestation.

2. The commissioner may issue permits for the movement of noncertified regulated articles in order to allow movement of such articles into, within or from the state of Louisiana, in accordance with procedures approved by the commissioner, when the commissioner has determined that movement will not result in the spread of the boll weevil.

C. Granting, Cancellation and Proof of Certificates, Permits and Written Waivers

1. The commissioner may grant a certificates, permit or written waiver. Any person who claims movement under the terms of a certificate, permit or written waiver shall have the burden of proof as to the issuance of any such certificate, permit or written waiver and any other related matter.

2. The commissioner may cancel any certificate, permit or written waiver good cause, including but not limited to, a determination that the holder thereof has failed to comply with any condition for the use of such certificate, permit, written waiver or with any terms or conditions of a compliance agreement or has obtained a certificate, permit or written waiver on falsified information.

La. Admin. Code tit. 7, § XV-307

Promulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Boll Weevil Eradication Commission, LR 21:18 (January 1995), amended LR 40:1518 (August 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1608.