On Selling Candies in Louisiana

The state of Louisiana has an interesting statute about selling candies in the state:

No manufacturer of candies or sweets or transient vendor selling candies or sweets, shall consign to or leave any candies or manufactured sweets on consignment with any person, firm or corporation other than schools, churches, religious societies and civil organization, who has not paid the privilege or license tax, required by law in order to obtain a license to sell and dispose of the articles.

Why you don’t need a license to sell candies to churches or schools eludes me. The fine for a first violation is $100; $500 for a subsequent violation.

Selya’s Word of the Day

Limn (limning) – to highlight something with bright light.

Such parties must also (with some exceptions) obtain a permit for each sign. See id. § 3.02(2)(a); see also id. § 3.02(2)(b) (limning exceptions for, inter alia, on-premise signs, on-property for sale or for rent signs, artistic signs, and signs “erected solely for . . . public elections”).

In this appeal Selya reinstated a case challenging Massachusetts billboard regulations on First Amendment grounds. The First Circuit makes something of a habit of striking down Massachusetts state regulations and statutes.

On Form and Format of Computer Readable Submissions

The United States Patent and Trademark Office allows inventors to submit nucleotide or amino acid sequeneces to the Office in computer readable media. The Office promulgated regulations regarding the media on which they may be submitted.

(c) Computer readable form files submitted may be in any of the following media:
(1) Diskette: 3.50 inch, 1.44 Mb storage; 3.50 inch, 720 Kb storage; 5.25 inch, 1.2 Mb storage; 5.25 inch, 360 Kb storage.
(2) Magnetic tape: 0.5 inch, up to 24000 feet; Density: 1600 or 6250 bits per inch, 9 track; Format: Unix tar command; specify blocking factor (not “block size”); Line Terminator: ASCII Carriage Return plus ASCII Line Feed.
(3) 8mm Data Cartridge: Format: Unix tar command; specify blocking factor (not “block size”); Line Terminator: ASCII Carriage Return plus ASCII Line Feed.
(4) Compact disc: Format: ISO 9660 or High Sierra Format.
(5) Magneto Optical Disk: Size/Storage Specifications: 5.25 inch, 640 Mb.

[ruffles through office] I know I have a five-and-a-quarter disc here somewhere.

On Maine Moose Permits

13. Hunting adventure permits for children. Notwithstanding subsection 6 and section 11102, the commissioner may issue 2 moose permits to a nonprofit organization dedicated to providing hunting and fishing adventures to children under 21 years of age with life-threatening, critical or terminal illnesses.

ME Rev. Stat. Tit. 12 Sec. 11154 Moose permit. I think it’s great that Maine has an exception to their hunting permit statutes for this kind of activity. Though, I wonder how many nonprofits there are that are dedicated to taking terminal children hunting.

On Free Seedlings in Mississippi

Mississippi’s Forestry Commission may provide free seedlings to farmers and schools.

(1) To encourage better land use, to assist in controlling headwaters, to prevent soil erosion, to help increase community and individual farm incomes, and to assist schools in forest education and timber management, the Mississippi Forestry Commission is hereby authorized to produce and make available to farm owners and to schools of this state, having lands contiguous to the school site suitable for reforestation, free commercial tree seedlings not to exceed five thousand (5,000) trees per farm owner per year, and not to exceed five thousand (5,000) trees per school, providing the farm owner or owners and school trustees desiring such seedlings enter into a cooperative agreement with the state forestry commission assuring the commission of the proper planting, care, and protection of all seedlings thus furnished from fire and wasteful cutting The minimum number of seedlings furnished any consignee under this section shall not be less than one thousand (1,000).

There may be a penalty of up to $10.00 per thousands trees that are planted in violation of the section.

On Unclaimed Deer Venison

Iowa has a specific statute to deal with abandoned deer venison processed at an approved facility.

All deer venison deposited with an establishment licensed pursuant to chapter 189A, which remains unclaimed for a period of two months after the establishment has attempted to contact the deer venison owner at least once by ordinary mail at the owner’s last known mailing address, shall be presumed to be abandoned. The establishment may dispose of the abandoned deer venison by donating the deer venison to a local nonprofit, charitable organization.

The first question this raises in my mind is why the existing Iowa statutes regarding abandoned property were insufficient to deal with the the problem of abandoned venison.

Selya’s Words of the Day

We need not tarry. The sentence imposed in this case falls comfortably within the commodious bounds of reasonableness.

Tarry – intransitive verb. “to abide or stay in or at a place.”

Commodious – adj. “comfortably spacious.”

From an opinion upholding a five-plus year sentence for being in possession of a 9mm pistol modified to be fully automatic.

Selya’s Word of the Week

dysphemistically – adv. substituting a harsher word for a milder one; the opposite of euphemistically.

Plaintiff-appellant Alison Cioffi is an exotic dancer who resides in Woburn, Massachusetts. She applied for and accepted employment with Club Fantasies (the Club), an adult entertainment venue (dysphemistically called a “strip club”) operated in Providence, Rhode Island, by defendant-appellee Gilbert Enterprises, Inc.

On the Use of Hovercraft in the Yukon National Park

John Sturgeon (“Sturgeon”) challenges the National Park Service’s (“NPS”) enforcement of a regulation banning the operation of hovercrafts on the Nation River, part of which falls within the Yukon-Charley Rivers National Preserve. The ban prevented Sturgeon from using his personal hovercraft on his moose hunting trips on the Nation River.

The Ninth Circuit Court of Appeals upheld the ban.

On Detaining Poultry Thieves in Massachusetts

In Massachusetts, it is legal for the owner of poultry to detain a poultry thief who “breaks or enters in the night” for “not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence[sic].” This is a felony that carries a penalty of up to three years in state prison or a steep $250 fine.