Louisiana § RS 3:3224 - Local regulations

§ RS 3:3224. Local regulations

A.  The regulation of pesticides is preempted by this Chapter.  The governing authority of a political subdivision shall not adopt any ordinance in any way affecting the registration, sale, or application of pesticides, or the disposal of pesticide wastes, except as provided herein.

B.  The governing authorities of parishes and municipalities may request that the rules applicable to the distribution, sale, or application of pesticides be amended to provide for specific problems encountered in the parish or municipality.  The following provisions shall govern requests by parish or municipal governing authorities:

(1)  The request shall be addressed to the commissioner.

(2)  The commission shall hear the request.

(3)  The commission shall make a preliminary determination as to the advisability of amending the state rules and shall transmit its determination to the commissioner.

(4)  The commissioner shall make the final determination as to the desirability of amending the state rules.

(5)  The standards to be used by the commission and the commissioner in making their determinations shall be as follows:

(a)  The gravity of the threat to the environment or to human, plant, or animal health sought to be alleviated by the proposed rule.

(b)  The economic impact on the agricultural community caused by the proposed rule.

(c)  The impact of the proposed rule on statewide uniformity of rules affecting pesticides.

(d)  The availability of alternative pesticides.

(e)  Whether the benefits of the proposed rule outweigh the liabilities of the proposed rule.

(6)  If the commissioner determines that the rules should be amended, the rule shall be adopted in accordance with the Administrative Procedure Act.

C.  Any governing authority of a political subdivision may petition the commissioner for approval of an ordinance applicable to the distribution, sale, or application of pesticides, or the disposal of pesticide wastes.  The procedure for obtaining such approval shall be as follows:

(1)  The governing authority shall transmit the proposed ordinance to the commissioner who shall refer the ordinance for hearing in accordance with R.S. 3:3224(B)(2) and (3).

(2)  Upon receipt of the recommendation of the commission, the commissioner shall approve or disapprove the proposed ordinance.

(3)  Both the commission and the commissioner shall be guided by the standards in R.S. 3:3224(B)(5) in making their respective determinations.

(4)  Any governing authority aggrieved by a final decision of the commissioner, shall have a right of judicial review of the administrative process pursuant to the provisions of the Administrative Procedure Act.

D.  Notwithstanding the provisions of R.S. 3:3224(A), any governing authority of a political subdivision having in effect, on September 1, 1983, an ordinance affecting the registration, sale or application of pesticides, or the disposal of pesticide wastes shall submit the ordinance to the commissioner on or before November 1, 1983, for approval pursuant to R.S. 3:3224(C).  Any such ordinance received by the commissioner on or before November 1, 1983, shall continue in full force and effect until a final disapproval of the ordinance is rendered.  Any such ordinance not received by the commissioner on or before November 1, 1983, shall be void effective November 1, 1983.

Acts 1983, No. 702, §1.