La. Admin. Code tit. 7 § XXXI-305

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXXI-305 - Licenses Required and Procedure

A. Each retailer, distributor, processor or any person must be licensed by the board or the commissioner prior to and while conducting any business of buying and/or selling dairy products.

B. The board or the commissioner shall maintain a list of each retailer of dairy products. This list shall be known as the Retailer License List. Inclusion on the list shall constitute licensing of the retailer. Temporary removal from the list shall constitute suspension of the license and permanent or indefinite removal from the list shall constitute revocation of the retailer's license. The Retailer License List shall be a public record.

C. It shall be the obligation of each retailer to inform the board or commissioner, in writing, the full name, address of each location at which it sells dairy products, all applicable phone numbers, whether a corporation, partnership, sole proprietorship or other type of entity and the name, title, address and phone number of the highest ranking officer, partner or manager, before selling any dairy products. Upon receipt of such information the board or the commissioner shall include the retailer on the Retailer License List unless the board or commissioner finds after a hearing in accordance with the Administrative Procedure Act that the retailer notwithstanding the foregoing Paragraphs is in effect a person or entity whose license has been previously suspended or revoked. The board or commissioner may include any retailer on the Retailer License List which it believes to be engaged in the business of retailing and where there is no cause not to include said retailer on the Retailer License List.

D. For licensure, each processor and distributor must:

1. complete the application form required by the board or the commissioner;

2. demonstrate compliance with all pertinent requirements of agencies of government.

E. Each license is personal to the holder thereof and may not be transferred to another for any purpose nor for any period of time.

F. Any license suspended or revoked by the board or commissioner may be re-issued after due deliberation by the board or commissioner in their discretion.

G. Each licensee is responsible for assuring that the other party or parties to any transaction of sale or purchase of dairy products is properly licensed by the board or commissioner.

La. Admin. Code tit. 7, § XXXI-305

Promulgated by the Department of Agriculture, Dairy Stabilization Board, LR 9:5 (January 1983), amended LR 20:399 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:4109 and R.S. 3:4108 (formerly R.S. 40:931.10 and R.S. 40:931.8).