Did a farmer have to sell products on the farm to qualify for Louisiana's producer sales-tax exemption?

Short answer The AG said no. Under the statute he reviewed, 'direct from the farm' described a sale by the producer, not a requirement that the customer buy on the farm premises. A sale by someone other than the producer was not exempt under that provision.
State
Louisiana
Opinion
La. Atty. Gen. Op. 01-125
Issued
May 17, 2001
Issued by
Richard P. Ieyoub, Attorney General of Louisiana
Requested by
Henry N. Bellamy, attorney for the Caddo-Shreveport Sales and Use Tax Commission

Apply this to your situation

This page answers the general question as of 2001. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.

Disclaimer: This is an official Louisiana Attorney General opinion. AG opinions are advisory and are not binding court precedent. This page is informational and is not legal advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as an official web page) is the authoritative source for any reliance.
View original AG opinion (official page)

Plain-English summary

The Caddo-Shreveport Sales and Use Tax Commission had read a farm-products sales-tax exemption to require sales on the farm premises. Louisiana's Attorney General disagreed. He said the phrase “direct from the farm” concerned the source of the sale: the producer had to sell the livestock, poultry, or other farm product directly. The statute did not make the farm itself the required place of sale.

The opinion relied on the statutory text, which excluded sales by anyone other than the producer, and on the Civil Code rule that words receive their ordinary meaning. The AG reported that the Department of Revenue shared this interpretation.

Currency note

This opinion was issued in 2001. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did a farmer have to make the sale physically on the farm?
The AG said no. He distinguished “direct from the farm” from “on the farm” and focused on who made the sale.

Could a reseller claim the same exemption for farm products?
No. The statute quoted in the opinion withheld the exemption when a person other than the producer sold the products to consumers.

What products did the provision cover?
The opinion quoted the statute's reference to livestock, poultry, and other farm products sold directly by their producers.

Background and statutory framework

La. R.S. 47:305A(1) supplied the exemption and the explicit producer requirement. The tax commission had interpreted “direct from the farm” as a location rule. Citing Civil Code Article 11's ordinary-meaning approach, the AG rejected that reading and treated the producer as the relevant source.

Citations and references

  • La. R.S. 47:305A(1)
  • Civil Code Article 11

Source

Original opinion text

May 17, 2001
OPINION NUMBER 01-125
119 TAXATION - EXEMPTIONS, GENERAL
160 TAXATION – SALES TAX
Mr. Henry N. Bellamy
CIVIL CODE ARTICLE 11
Attorney at Law
La. R.S. 47:305A(1)
920 Pierremont Road, Suite 412
Shreveport, Louisiana 71106 The terms “direct from the farm” as used in La. R.S.
47:305A(1) are not synonymous with “on the farm”.

Dear Mr. Bellamy:

We received your request for an opinion on behalf of the Caddo-Shreveport Sales and Use Tax Commission. You request our opinion regarding the application and interpretation of La. R.S. 47:305A(1), which provides as follows:

The gross proceeds derived from the sale in this state of livestock, poultry, and other farm products direct from the farm are exempted from the tax levied by this Chapter, provided that such sales are made directly by the producers. When sales of livestock, poultry, and other farm products made to consumers by any person other than the producer, they are not exempted from the tax imposed by this Chapter. (Emphasis added)

Pursuant to your request, the Caddo-Shreveport Sales and Use Tax Commission has interpretated this statute to mean that sales must be made on the farm premises to be exempt from the sales tax. We do not concur in this interpretation. Civil Code Article 11 provides that the words of a law must be given their general prevailing meaning. The word from, according to Merriam- Webster’s Collegiate Dictionary, Tenth Edition, is a function word indicating a source, cause, agent, or basis. In light of the above, the words contained in La. R.S. 47:305A(1) must be given their generally prevailing meaning.

Therefore, it is our opinion that “direct from the farm” is not synonymous with “on the farm”. Rather, the sale of livestock, poultry, and other farm products, in order to be exempt from the sales tax, must be from the farm, i.e., from the producer. The statute specifically provides that if the sale is made by any person other than the producer, it is not exempt from the tax. It therefore stands to reason that the issue is the source of the sale rather than the place of the sale.

Please be advised that we discussed our interpretation of this statute with the Department of Revenue and were informed that the Department shares our interpretation. You may consider discussing the matter further with Revenue at (225) 925-7335, Sales Tax Division.


Page 2

Mr. Henry N. Bellamy
Opinion No. 01-125
Page 2

If you have any questions or comments, please do not hesitate to contact our office.

With kindest regards,

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
TINA VICARI GRANT
Assistant Attorney General

RPI/TVG:crt


Page 3

Mr. Henry N. Bellamy
Opinion No. 01-125
Page 3

OPINION NUMBER 01-125

SYLLABUS

119 TAXATION - EXEMPTIONS, GENERAL
160 TAXATION – SALES TAX

CIVIL CODE ARTICLE 11
La. R.S. 47:305A(1)

The terms “direct from the farm” as used in La. R.S. 47:305A(1) are not synonymous with “on the farm”.

Mr. Henry N. Bellamy
Attorney at Law
920 Pierremont Road, Suite 412
Shreveport, Louisiana

DATE RECEIVED: 03/26/01

DATE RELEASED: May 17, 2001

AUTHOR: TINA VICARI GRANT
Assistant Attorney General

What does Louisiana law say today, for your facts?

This opinion is from 2001. Ezel checks the current Louisiana statutes and case law, applies them to your situation, and cites what it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace