The Louisiana State Legislature adjourned earlier this month, finishing three months of legislative work by which legislators filed greater than 1,400 separate payments. As of June 23, 2021, 448 payments have formally turn out to be regulation after passing each legislative chambers and receiving Gov. John Bel Edwards’ signature.
The not too long ago enacted legal guidelines cowl an extremely big selection of points. For these conducting enterprise or proudly owning property in Louisiana, beneath are three notable new legal guidelines of significance.
Act No. 406
Act No. 406 (HB 707) takes efficient on August 1, 2021, and impacts any enterprise that conducts a background test on candidates earlier than providing them a job. Act No. 406 prohibits employers from requesting or contemplating an arrest file or cost that didn’t end in a conviction when a background test reveals that data.
Act No. 406 additionally addresses employers’ consideration of different legal historical past data, requiring employers to individually assess candidates’ legal histories and decide if there’s a direct and antagonistic relationship with the particular duties of the job to disclaim the candidate the place. The usual employers should apply has three components:
(1) The character and gravity of the offense or conduct;
(2) The time that has elapsed because the offense, conduct, or conviction; and
(3) The character of the job sought.
Lastly, Act No. 406 authorizes candidates, upon written request, to acquire any background checks utilized by employers of their hiring selections.
Employers ought to turn out to be aware of this new regulation and well timed replace their hiring insurance policies and practices to handle these new adjustments.
Act No. 246
Act No. 246 (HB 549) addresses hazardous materials reporting obligations of pure fuel pipeline operators and homeowners beneath Louisiana’s Proper-to-Know Regulation, codifying the prevailing observe of some pure fuel pipeline operators. Act No. 246 turns into efficient on August 1, 2021.
Act No. 246 clarifies that pure fuel pipelines are “amenities” as outlined beneath the Proper-to-Know Regulation. It requires operators and homeowners to report unauthorized releases from pipelines if such releases complete 1,000 kilos or extra. The act additional clarifies pure fuel pipeline operators will not be topic to the reporting necessities associated to transporting hazardous supplies.
Companies which may be affected ought to take a cautious take a look at their present procedures associated to public disclosures of hazardous supplies releases beneath the Proper-to-Know Regulation and guarantee they’ve the required protocols in place to adjust to this new regulation.
Act. No. 336
Act. No. 336 (HB 640) eases restrictions on financial exercise associated to industrial hemp, reflecting states’ rising recognition of hemp as an economically helpful agricultural product. The next highlights some key provisions, which take impact on August 1, 2021.
Act. No. 336 provides to present regulation by authorizing licensees to own, retailer, trim, and treatment industrial hemp. Whereas present regulation requires that industrial hemp contract carriers receive a license, Act. No. 336 eliminates that requirement, making a handler license instead. The act units forth a definition for “handler.” Additional, the act extends the window from 15 days to 30 days to reap authorised industrial hemp.
Act. No. 336 replaces “industrial hemp-derived CBD product” with “consumable hemp product,” and prohibits consumable hemp merchandise from containing any cannabinoid not naturally occurring. Consumable hemp merchandise embrace business feed, pet merchandise, and floral hemp materials. Floral hemp materials would require packaging to be tamper-evident and never be labeled or marketed for inhalation. The Workplace of Alcohol and Tobacco Management is answerable for issuing wholesaler permits for consumable hemp merchandise for a payment of as much as $500, whereas additionally creating civil penalties for promoting such merchandise with out a allow.
Act. No. 336 bans consumable hemp merchandise from containing a dry weight with greater than a 0.3% focus of delta-9 THC or a 1% complete THC focus. To discourage unlicensed processing of consumable hemp, the act creates legal penalties for unlicensed processors, together with as much as 20 years’ imprisonment at arduous labor and a nice of as much as $50,000. Act. No. 336 additionally imposes an excise tax on CBD merchandise.
Furthermore, the act incorporates numerous provisions associated to analysis and improvement of commercial hemp. For instance, it empowers the College of Louisiana at Monroe Agribusiness Program to domesticate, deal with, and course of industrial hemp in reference to product analysis and improvement, whereas additionally exempting the Monroe Agribusiness Program from industrial hemp licensure necessities. As well as, the LSU AgCenter might be required to develop a centralized industrial hemp web site along with regulators and stakeholders.
The takeaway right here is that Louisiana has signaled growing openness to the financial advantages of commercial hemp. Companies working or planning to function on this area ought to turn out to be aware of the provisions of Act. No. 336 to make sure they’re compliant with its provisions.