1. A. Applications for use of the logo(s) may be denied if:

   1. 1. the product or activity falls outside of the definition as prescribed by law;
   2. 2. the product is of a quality markedly inferior to that representative of similar products produced in Louisiana;
   3. 3. the applicant has misused the logo(s) prior to the date of application; or the applicant has used the logo(s) without permission of the department;

   4. 4. the applicant's use of the logos would, in the department’s opinion, either:

      1. a. impair or frustrate the department's efforts to expand or encourage development of the markets for Louisiana agricultural and other products; or
      2. b. fail to enhance the integrity and image of the program.
2. B. Any applicant whose request to use the logo(s) is denied may protest the department’s decision by filing a notice of protest with the department within 15 days of receipt by the applicant of notice of denial. A notice of protest which has been timely filed shall be administered as a contested case as provided for in the Administrative Procedure Act. If notice of protest has not been filed with the department within 15 days of receipt by the applicant of notice of denial, such denial shall become final.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:4721.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Forestry, LR 42:393 (March 2016), repromulgated LR 42:541 (April 2016), amended LR 44:441 (March 2018).