Chapter 1. Agriculture and Commerce Department; Council on Agriculture

General Provisions

§ 69-1-1. Department of Agriculture and Commerce created.

  1. A Department of Agriculture and Commerce is created and established under the management and control of a public officer to be known as the Commissioner of Agriculture and Commerce, who shall have competent knowledge of agriculture, mining, manufacturing, statistics and general industries, must be an experienced and practical agriculturist; must be a resident of the state for five (5) years immediately preceding the day of election; and shall be elected by the people at the time and in the manner that other state officers are elected.
  2. The residency requirements specified under this section shall apply to elections held from and after January 1, 2020.

HISTORY: Codes, 1906, § 1622; Hemingway’s 1917, § 3403; 1930, § 3599; 1942, § 4415; Laws, 1958, ch. 148, § 1; Laws, 2019, ch. 433, § 4, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2019, ch. 469, § 4, provides:

“SECTION 4. (1) There is created the Mississippi Hemp Cultivation Task Force which shall be composed of thirteen (13) members as follows:

“(a) The Commissioner of Agriculture and Commerce or a designee;

“(b) The President of Mississippi State University or a designee;

“(c) The President of Alcorn State University or a designee;

“(d) A director of the University of Mississippi School of Pharmacy National Center for Natural Products Research or a designee;

“(e) The President of the Delta Council or a designee;

“(f) A representative of the Mississippi Secretary of State's office;

“(g) A representative of the Mississippi Attorney General's office;

“(h) The Director of Pharmacy, Mississippi State Department of Health or a designee;

“(i) A member of the Mississippi House of Representatives designated by the Speaker of the House;

“(j) A member of the Mississippi Senate designated by the Lieutenant Governor;

“(k) The Commissioner of Public Safety or a designee;

“( l ) The President of the Mississippi Farm Bureau Federation or a designee; and

“(m) A designee of the Governor.

“(2) The Commissioner of Agriculture and Commerce, or the Commissioner's designee, shall chair the task force and shall call the first meeting, at which the task force shall elect a vice chair from its membership and shall adopt rules for transacting its business and keeping records. Members of the task force shall receive a per diem in the amount provided in Section 25-3-69 for each day engaged in the business of the task force. Members of the task force other than the legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41 and the legislative members of the task force shall receive the expense allowance provided in Section 5-1-47.

“(3) The duties of the task force shall be to:

“(a) Make a comprehensive study of the potential for cultivation of hemp in this state. Reports shall be provided to the Legislature each year at least one (1) month before the convening of the regular session.

“(b) Examine and study approaches taken by other states in the monitoring and regulation of hemp cultivation.

“(c) Study the economic costs and benefits of hemp cultivation, market potential, and potential job creation.

“(4) The Mississippi Department of Agriculture and Commerce shall supply the necessary staff and research assistance to the Task Force in its work.

“(5) This section shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2019 amendment inserted “must be a resident of the state for five (5) years immediately preceding the day of election” in (1); and added (2).

Cross References —

Salary of Commissioner of Agriculture and Commerce, see §25-3-31.

Duty of Department of Agriculture and Commerce when chemical located in underground water exceeds or is likely to exceed state standards and has source not within regulatory jurisdiction of Commission on Environmental Quality, see §49-17-26.

Deposit, to the credit of the Department of Agriculture and Commerce for the use and benefit of the agriculture and forestry museum, of proceeds from the conveyance of certain lands to the Mississippi Department of Transportation, see §65-1-163.

Studies of merits or feasibility of commodity exchange entity, Farm Assistance in Rural Mississippi Program, and marketing outlets, see §69-1-49.

Organization of department, see §69-1-203.

Assistance by Department of Agriculture and Commerce in making relevant information available to Cooperative Extension Service for information clearinghouse assisting farmers, see §69-2-5.

Regulation of grain dealers, see §§75-45-301 et seq.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 16 et seq.

CJS.

3 C.J.S., Agriculture §§ 1 et seq.

§ 69-1-3. Term of office of commissioner.

The term of office of the Commissioner of Agriculture and Commerce shall be four years, and any vacancy occurring shall be filled by appointment by the Governor as provided by law.

HISTORY: Codes, 1906, § 1623; Hemingway’s 1917, § 3404; 1930, § 3600; 1942, § 4416.

Cross References —

Provision that a Commissioner of Agricultural and Commerce shall be elected in 1987 and every four years thereafter, see §23-15-193.

Nominations for state, district, county, and county district offices which are elective, see §§23-15-291 et seq.

JUDICIAL DECISIONS

3.5 Domestic Violence.

In an action arising out of an automobile accident that occurred at the entrance to a municipal airport, which was physically located in Rankin County, plaintiff’s allegations that the other driver violated state motor vehicle statutes (Miss. Code Ann. §§63-15-43 and63-3-801) and that plaintiff’s insurer violated Miss. Code Ann. §83-11-101 by failing to compensate him adequately for medical expenses under his uninsured motorist policy were insufficient to establish jurisdiction in Hinds county under Miss. Code Ann. §61-9-3(3), even if the airport were to be found to belong to the City of Jackson, which is located in Hinds county; Miss. Code Ann. §61-9-3(3) does not apply because the statutes alleged to have been violated were not against laws resulting from action by the municipal officials of Jackson, nor laws which are “of and applicable to” the City of Jackson, but rather, were “of” the Mississippi State Legislature and resulted from state action. Holmes v. McMillan, 21 So.3d 614, 2009 Miss. LEXIS 567 (Miss. 2009).

§ 69-1-5. Oath and bond of commissioner.

The commissioner, before entering upon the duties of the office, must take and subscribe the oath of office prescribed by the constitution, and must enter into bond payable to the State of Mississippi, in the sum of five thousand dollars with a guaranty company, the expense of such bond being paid by the state. The bond must be approved by the Attorney General and when approved shall, together with the oath of office, be filed in the office of the secretary of state.

HISTORY: Codes, 1906, § 1625; Hemingway’s 1917, § 3406; 1930, § 3601; 1942, § 4417.

Cross References —

Oaths of office and official bonds, generally, see §§25-1-9 et seq.

§ 69-1-7. Place of office.

The Commissioner of Agriculture and Commerce must keep his office in the city of Jackson.

HISTORY: Codes, 1906, § 1627; Hemingway’s 1917, § 3408; 1930, § 3602; 1942, § 4418.

§ 69-1-9. Appointment of clerk; oath and term of office.

The Commissioner of Agriculture and Commerce must appoint a clerk, who must take the oath of office to discharge faithfully all the duties, which are or may be required of him by law. The clerk shall hold office during the term of the commissioner by whom he is appointed, and until the appointment and qualification of his successor, unless sooner removed.

HISTORY: Codes, 1906, § 1628; Hemingway’s 1917, § 3409; 1930, § 3603; 1942, § 4419.

§ 69-1-11. Duties and salary of clerk.

The clerk must discharge such duties as may be prescribed by the Commissioner of Agriculture and Commerce. The expense necessarily incurred by the clerk in traveling on business of the department, under direction of the commissioner, must be paid for and charged against the department.

HISTORY: Codes, 1906, § 1629; Hemingway’s 1917, § 3410; 1930, § 3604; 1942, § 4420.

§ 69-1-13. Duties of commissioner.

The following are the duties of the Commissioner of Agriculture and Commerce:

He shall encourage the proper development of agriculture, horticulture and kindred industries.

He shall encourage the organization of neighborhood and county agricultural clubs and associations, and out of these the organization of the state agricultural association.

He shall collect and publish statistics and such other information regarding such industries of this state and of other states as may be of benefit in developing the agricultural resources of the state. To this end he shall put himself in connection and shall cooperate with the agricultural department of other states and with the Commissioner of Agriculture of the United States, and shall provide for the proper and careful distribution of all documents and information coming into his possession on account of the department that may be of interest and benefit to the people of the state.

He shall cause to be investigated the diseases of grain, cotton, fruit and other crops grown in this state and also remedies for such diseases, and also the habits and propagation of the various insects that are injurious to the crops of the state and the proper mode of their destruction.

He shall investigate the subject of grasses and report upon their value and the cultivation of the varieties best adapted to the different sections of the state.

He shall inquire into the subjects connected with dairying that he may deem of interest to the people of the state, and in this connection the raising of stock and poultry, the obtaining of such as are of most value, and the breeding and propagation of the same; and shall encourage raising of fish and the culture of bees.

He shall investigate the subjects of subsoiling, drainage, etc., and the best modes of effecting each, and of irrigation and what portions of the state can be best benefited thereby.

He shall investigate and report upon the culture of wool and the utility and profit of sheep-raising, also the culture of silk and its manufacture and preparation for market.

He shall investigate and report on the question of broadening the market for cotton and cotton goods in the United States and foreign countries.

He shall cause a proper collection of agricultural statistics to be made annually, and to this end shall furnish blank forms to the tax assessors of each county, and it is made the special duty of the tax assessor to whom said blanks are furnished to report to the bureau a list of all public or private ginners in his county, with their post offices, upon the demand of the commissioner. It shall be the duty of the commissioner to furnish to such ginner a form or forms of report to be made to the bureau at such time as the commissioner may direct. A failure to make such reports on the part of the ginner or assessor as required by said commissioner shall be deemed a misdemeanor, and, upon conviction, punished as provided by law. It shall be the duty of the members of the boards of supervisors and the county tax assessor of each county in this state to make such reports as may be required by this bureau touching the matter within the scope of this chapter; and failure of any supervisor or tax assessor to make such report when required shall be deemed a misdemeanor and shall be punished as provided by law.

He shall appoint county correspondents who shall report to him from time to time, as may be desired.

He shall collect specimens of wood suitable for manufacture and other purposes, and specimens of agricultural, mineral, phosphate and marl deposits of the state; cause correct analysis of such as may be deemed expedient to be made and recorded in a substantial book to be kept for this purpose.

He shall also, as soon as practicable, prepare a convenient handbook with necessary illustrated maps, which shall contain all necessary information as to the mines, mineral, forest, soil, and other products, climate, water, waterpower for the establishing of factories, land, flowers, fisheries, mountains, streams, and all other statistics as are best adapted to the giving of proper information and the attraction of advantages which the state affords to immigrants, and shall make illustrated expositions thereof whenever practicable at international and state expositions.

He shall have the primary responsibility for developing programs that will enhance the marketing of the state’s agricultural products to both national and international markets.

HISTORY: Codes, 1906, § 1630; Hemingway’s 1917, § 3411; 1930, § 3605; 1942, § 4421; Laws, 1987, ch. 482, § 29, eff from and after passage (approved April 15, 1987).

Cross References —

Assembly of data on natural resources by secretary of state, see §7-3-49.

County Extension Department for promotion and development of agriculture, see §19-5-63.

Duty of county assessor to gather and record data, see §27-1-19.

Agricultural seeds, generally, see §§69-3-1 et seq.

Authority of commissioner to enforce regulations of agricultural co-operative associations, see §69-7-407.

Duty of commissioner to enforce pesticide application law, see §69-23-103.

State soil and water conservation committee, generally, see §69-27-9.

Duties of commissioner under public grain warehouse law, see §75-44-7.

Duties of commissioner with respect to grain dealers law, see §75-45-313.

Duty of commissioner to enforce statute on commercial fertilizers, see §75-47-3.

Duty to administer and enforce certain provisions pertaining to gasoline and petroleum products, see §75-55-3.

Duty to administer and enforce certain provisions pertaining to antifreeze and coolants, see §75-56-5.

OPINIONS OF THE ATTORNEY GENERAL

Based on lack of legislation to contrary, it may be implied from powers bestowed on commissioner of agriculture and commerce pursuant to Miss. Code Section 69-1-13 that Department of Agriculture and Commerce has authority to enter into exclusive soft drink beverage contract on Jim Buck Ross Mississippi Agriculture and Forestry Museum property. Ross, Jan. 3, 1993, A.G. Op. #92-1016.

The Department of Agriculture and Commerce may permit the use of the Mississippi Agriculture and Forestry Museum to another state agency at no cost, and may waive the lease fee for other governmental entities. The agency may reduce the lease rate to private individuals or organizations to encourage use on certain days of the week, so long as the policy is applied consistently and uniformly and the reduction does not constitute a donation to a private organization. Spell, March 30, 2007, A.G. Op. #07-00156, 2007 Miss. AG LEXIS 69.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 17.

CJS.

3 C.J.S., Agriculture § 7.

§ 69-1-14. Employment of counsel by commissioner; compensation and expenses.

  1. The Commissioner of Agriculture and Commerce is hereby authorized and empowered to employ an attorney to represent the department of agriculture and commerce and to fix his compensation subject to the approval of the state personnel board. Said attorney shall be a full-time employee of the department of agriculture and commerce and shall be furnished such office space and clerical assistance as shall be necessary. In addition to his duties with the department of agriculture and commerce, said attorney shall represent the board of animal health, the Mississippi State Fair Commission and the Mississippi Central Market Board. The salary and expenses of said attorney shall be paid from any funds available to the department of agriculture and commerce, the board of animal health, the Mississippi Fair Commission and the Mississippi Central Market Board in a ratio commensurate with the services provided by said attorney to each of the said agencies.
  2. The Department of Agriculture and Commerce, the board of animal health, the Mississippi Fair Commission and the Mississippi Central Market Board are hereby authorized and empowered to expend such sums from any funds available for the purposes of paying the salary and expenses of the attorney provided for in subsection (1).

HISTORY: Laws, 1983, ch. 365, §§ 1, 2, eff from and after July 1, 1983.

Cross References —

Authority of the Mississippi Fair Commission to employ an attorney, see §69-5-3.

Authority of the Mississippi Central Marketing Board to employ an attorney, see §69-7-109.

Authority of the Board of Animal Health to employ an attorney, see §69-15-7.

§ 69-1-15. Commissioner to make report.

The Commissioner of Agriculture and Commerce shall make and submit to the Governor on or before the 10th day of January each year a report showing all the expenditures of the bureau for the preceding year and shall make a full and comprehensive report of the scope of the work and expenditures of the bureau to each session of the Legislature within ten days of the convening thereof.

HISTORY: Codes, 1906, § 1631; Hemingway’s 1917, § 3412; 1930, § 3606; 1942, § 4422.

§ 69-1-17. State institutions to aid in furnishing data; free transportation.

In order to facilitate the collection and collation of the accurate information of the resources of the state along all lines, the heads of the several departments of the state government and of the state institutions are hereby required to furnish accurately such information as may be at their command to the Commissioner of Agriculture and Commerce when called upon for same; and the commissioner is hereby empowered to enter manufacturing establishments chartered by the state, in prosecution of this work, and the corporations operating the same shall furnish such information as may not be injurious to their business, when requested to furnish same by the commissioner. The commissioner and his clerks shall have the right to accept and use free transportation over steamships, steamboat and railway lines.

HISTORY: Codes, 1906, § 1632; Hemingway’s 1917, § 3413; 1930, § 3607; 1942, § 4423.

Cross References —

Assembly of data on natural resources by Secretary of State, see §7-3-49.

§ 69-1-18. Definitions; authority of commissioner to promulgate rules and regulations and to conduct sanitation inspections in retail food stores; licensing; penalties.

  1. The following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:
    1. “Potentially hazardous food” means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting: the growth of infectious or toxigenic microorganisms; the growth and toxin production of Clostridium botulinum; or in raw shell eggs, the growth of salmonella enteritis. “Potentially hazardous food” includes an animal food (of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; and cut melons.
    2. “Micro market” means an unattended, self-checkout retail establishment that utilizes an automated payment system; is located in the interior of a building that is generally not accessible by the general public, with limited access and use to a defined population; and
      1. Offers for sale only commercially, tamper-evident packaged food and beverages properly labeled for individual retail sale and acquired from a source approved by the United States Food and Drug Administration or an appropriate state government agency; whole, uncut, raw fruits and vegetables; such other food and beverages as may be authorized in the Food Code, as adopted by the Department of Agriculture and Commerce; and any other food and beverages not otherwise subject to any required on-site inspection;
      2. Has no on-site food preparation except for the heating or reheating of food in a microwave oven;
      3. May utilize beverage dispensers which provide individual servings; and
      4. May utilize refrigeration and freezer units.
    3. “Vending Machine” means a self-service machine that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses servings of food in bulk or in packages, or prepared by the machine, without the necessity of replenishing the machine between each vending operation.
    4. “Retail food establishment” means any establishment where food and food products are offered for sale to the ultimate consumer and intended for off-premise consumption. Such food or food products may be exposed to varying degrees of preparation and may often need further preparation or processing after it has been purchased. A retail food establishment does not include:
      1. An establishment that offers only prepackaged foods that are not potentially hazardous;
      2. A produce stand that only offers whole, uncut fresh fruits and vegetables;
      3. A food processing plant;
      4. A food establishment as defined by the Mississippi State Department of Health;
      5. A micro market; and
      6. A vending machine.
  2. The commissioner and his agents shall have the authority:
    1. To promulgate rules and regulations establishing certain sanitation requirements for retail food establishments;
    2. To conduct sanitation inspections in retail food establishments; and
    3. To publish the names and addresses of violators and such information pertaining to violation(s) of this section as he deems appropriate.
  3. Each retail food establishment, before engaging in business, shall obtain a license from the commissioner. Owners of more than one (1) retail food establishment must obtain a license for each establishment. A license fee of Ten Dollars ($10.00) must be paid to the department before a license will be issued. Application for such license shall be made on forms prescribed and furnished by the commissioner. Licenses issued under this subsection by the commissioner shall expire on June 30 each year and application for renewals thereof shall be made annually before the expiration date. Licenses shall not be transferable and application must be made for a new license if there is any change in location or ownership of the business.
  4. Any person who violates any provision of this law or the regulations adopted hereunder shall be guilty of a misdemeanor, and, upon conviction, shall be punished by the imposition of a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months, or both.
  5. The commissioner may impose administrative penalties for violation of this section.
  6. Any person found by the commissioner to be in violation of this section may be assessed a penalty in an amount of not more than Five Hundred Dollars ($500.00) and subsequent violations within a six-month period at a penalty of not more than One Thousand Dollars ($1,000.00). In addition to, or in lieu of, such penalties the commissioner may suspend or revoke the permit issued to such person under terms of this section.
  7. When any violation of this section or the rules and regulations promulgated hereunder occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, the commissioner or any of the department’s field inspectors, or any other persons authorized by the commissioner, may issue an order to be effective immediately before notice and a hearing, that imposes any or all of the following penalties against the accused: (a) a stop sale order on any product in violation of this section; (b) an order to seize any product that is not in compliance with this section and require it to be denatured or destroyed under the supervision of the department’s inspectors; or (c) an order that the retail food establishment or any department within such establishment cease operations until it is in compliance with this section. The order shall be served upon the accused in accordance with Rule 4 of the Mississippi Rules of Civil Procedure or certified mail or it may be served by giving a copy of the order to the manager of the retail food establishment or, where no manager is present, an employee of the establishment. The accused shall then have twenty (20) days after service of the order upon him within which to request an informal administrative review before the Director of the Bureau of Regulatory Services in the department, or the director’s designee, who shall act as reviewing officer. If the accused makes such a request within such time, the reviewing officer shall provide an informal administrative review to the accused within ten (10) days after such request is made. If the accused does not request an informal administrative review within twenty (20) days, then he shall have waived his right to such review. At the informal administrative review, there shall be no court reporter or record made of the proceedings. Each party may present its case in the form of documents, oral statements or any other method. The rules of evidence shall not apply. The reviewing officer’s decisions shall be in writing, and it shall be delivered by certified mail. If the accused is aggrieved by the order of the hearing officer, he may appeal to the commissioner for a full evidentiary hearing. Such appeal shall be perfected by filing a notice of appeal with the commissioner within thirty (30) days after the order of the reviewing officer is served on the appealing party. The hearing before the commissioner or his designee shall be held within a reasonable time after the appeal has been perfected. Failure to perfect an appeal within the allotted time shall be deemed a waiver of such right.

HISTORY: Laws, 1997, ch. 348, § 1; Laws, 2000, ch. 514, § 1, eff from and after July 1, 2000; Laws, 2019, ch. 338, § 1, eff from and after July 1, 2019.

Amendment Notes —

The 2019 amendment, in (1), added (b) and (c) and redesignated former (b) as (d), and in (d), added (v) and (vi) and made related changes.

Cross References —

Civil penalty imposed under §69-1-56 to be based upon administrative hearing per provisions of this section, see §69-1-56.

OPINIONS OF THE ATTORNEY GENERAL

Subsection (2) provides the Mississippi Department of Agriculture and Commerce with the general authority and duty to regulate retail food sanitation within the state, with a definition of “retail food establishment” broad enough to include establishments that sell seafoods. Spell, Jr., Nov. 2, 2001, A.G. Op. #01-0608.

§ 69-1-19. Commissioner to establish grades and standards of farm products.

The Commissioner of Agriculture and Commerce is hereby authorized to establish grades and standards from time to time for farm products grown or produced in this state, provided that any grade or standard on any farm product which may be established by the United States Department of Agriculture under authority of congress shall also be established by the commissioner of agriculture and commerce as the standard for this state.

The Commissioner of Agriculture and Commerce may also establish standard sizes for boxes, or containers, used in the handling of fruits and vegetables in this state, provided such standards established by the commissioner shall conform with the federal standard container act of congress. The commissioner may also establish the standard weight of each box or container when filled with fruits or vegetables.

HISTORY: Codes, 1930, § 3608; 1942, § 4424; Laws, 1924, ch. 274; Laws, 1948, ch. 191, § 1.

Cross References —

Regulation of marketing of vegetables by cooperative associations, see §§69-7-405 et seq.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 48 et seq.

CJS.

3 C.J.S., Agriculture § 7.

§ 69-1-21. Certifying grade and condition of farm products.

  1. The Commissioner of Agriculture and Commerce is hereby authorized to investigate and certify to shippers and other financially interested parties, the grade, quality or condition of farm products in accordance with the standard established by him. The certificates issued by the commissioner pursuant to this chapter shall be received in all counties of this state as prima facie evidence of the truth of statements contained therein. For this service the commissioner may charge reasonable fees designed to cover the cost of these services.
  2. All fees collected under the provisions of this section shall be deposited in the general fund of the state treasury.

HISTORY: Codes, 1930, § 3609; 1942, § 4425; Laws, 1924, ch. 274; Laws, 1970, ch. 255, § 2, eff from and after July 1, 1970.

Cross References —

Inspection of seed and fertilizer by federal government, see §69-1-29.

Regulation of marketing of vegetables by cooperative associations, see §§69-7-405 et seq.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 48 et seq.

CJS.

3 C.J.S., Agriculture § 7.

§ 69-1-23. Inspection of grain crops; definitions; licensing of inspectors; grading samples.

  1. The Mississippi Department of Agriculture and Commerce is hereby designated as the official inspection agency within the State of Mississippi, or for a company domiciled in the State of Mississippi, to certify to producers, shippers, and other financially interested parties the grade, quality, or condition of grain crops. Grain crops for the purpose of this chapter shall be those crops for which standards have been established under the United States Grain Standards Act; namely, wheat, oats, corn, barley, rye, flaxseed, soybeans, grain sorghum, and mixed grains and other crops for which standards may hereafter be established.
  2. The Mississippi Department of Agriculture and Commerce shall have the sole authority to recommend to the U. S. Department of Agriculture the licensing of inspectors for the purpose of carrying out the inspection, grading and certification of grain inspection under the United States Department of Agriculture Grain Standards Act, except that those persons already licensed as of this date under any other authority may continue to operate in their respective designated areas.
  3. The Commissioner of Agriculture and Commerce shall adopt rules and regulations to provide that any grain producer, submitting grain for sale at any elevator in the state, shall be entitled to have that grain graded by an official inspector. The grain producer shall be responsible for and shall pay the cost of grading such sample.

HISTORY: Codes, 1942, § 4425.3; Laws, 1964, ch. 213; Laws, 1989, ch. 348 § 1; Laws, 1997, ch. 398, § 1, eff from and after passage (approved March 18, 1997).

Cross References —

Services provided by state chemical laboratory, see §§57-21-1 et seq.

Inspection of seed and fertilizer by federal government, see §69-1-29.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 48 et seq.

CJS.

3 C.J.S., Agriculture § 7.

§ 69-1-25. Commissioner, Governor and Attorney General to enforce regulations as to products coming in.

  1. The State Commissioner of Agriculture and Commerce, the Governor and the Attorney General of the State of Mississippi, are hereby authorized and empowered, in their discretion, to protect the welfare of the people of the State of Mississippi by guaranteeing that seeds, feeds, fertilizers, bulbs, vegetables, or any and all other product of farm, grove, forest, garden and minerals, including but not limited to coal and lime, coming into the State of Mississippi meet the proper standards, in accordance with the laws of the State of Mississippi and rules and regulations drawn by the State Commissioner of Agriculture and Commerce, with the approval of the Attorney General, governing the labeling as to net weight, source of origin, purity, and grade thereof. In the case of coal or lime, the State Commissioner of Agriculture and Commerce, with the approval of the Attorney General, may promulgate rules and regulations setting up a form or forms to be used in guaranteeing the net weight at the point of delivery, to be weighed on approved scales in the presence of the purchaser.
  2. Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00) or imprisonment in the county jail not exceeding six months, or both, and each sale of any such goods or products without meeting the requirements of this section shall constitute a separate offense.

HISTORY: Codes, 1942, § 4425.5; Laws, 1956, ch. 132, §§ 1, 2.

Cross References —

Definition of term fertilizer, see §1-3-13.

Promulgation of regulations governing agricultural liming materials, see §69-39-19.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 34.

CJS.

3 C.J.S., Agriculture § 7.

§ 69-1-27. Commissioner to co-operate with U. S. Department.

The Commissioner of Agriculture and Commerce is hereby authorized to co-operate with the secretary of the United States Department of Agriculture or any of his authorized agents or representatives in carrying out the purpose of this chapter.

HISTORY: Codes, 1930, § 3610; 1942, § 4426; Laws, 1924, ch. 274.

Cross References —

Inspection of seed and fertilizer by federal government, see §69-1-29.

§ 69-1-28. State regulations governing free-range poultry shall be no more stringent than federal regulations on free-range chickens.

Any regulations or best management practices adopted by the Commissioner of Agriculture regulating free-range poultry only shall be no more stringent or extensive in scope, coverage, or effect than federal regulations and best management practices. For purposes of this section, “free-range poultry” means poultry having free access to the outdoors through their normal growing cycle.

HISTORY: Laws, 2003, ch. 462, § 1, eff from and after July 1, 2003.

§ 69-1-29. Inspection of seed and fertilizer furnished by the federal government.

The Commissioner of Agriculture and Commerce of the State of Mississippi, is authorized and empowered to enter into an agreement and execute any contract pursuant thereto, with the secretary of agriculture of the United States for the purpose of, and providing for, inspection, by the Commissioner of Agriculture and Commerce of the State of Mississippi, of superphosphate, liming materials and seed furnished to producers by the department of agriculture of the United States as grants-in-aid to producers under its soil conservation program.

HISTORY: Codes, 1942, § 4427; Laws, 1942, ch. 258.

Cross References —

Inspection of grain crops by department of agriculture and commerce, see §69-1-23.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 37.

CJS.

3 C.J.S., Agriculture §§ 1 et seq.

§ 69-1-30. Security guards for Jim Buck Ross Mississippi Agriculture and Forestry Museum.

The Department of Agriculture and Commerce is hereby authorized to employ or to contract with private security agencies to provide security for the Jim Buck Ross Mississippi Agriculture and Forestry Museum. The jurisdiction of the security guards shall be limited to the museum property and shall not supplant the authority or jurisdiction of any state or local law enforcement officer.

HISTORY: Laws, 1984, ch. 461; Laws, 1991, ch. 516, § 2, eff from and after July 1, 1991.

Editor’s Notes —

Laws, 1991, ch. 516, § 1, Codified as §69-1-32, changed the name of the Mississippi Agriculture and Forestry Museum to the Jim Buck Ross Mississippi Agriculture and Forestry Museum.

§ 69-1-31. Repealed.

Repealed by Laws of 1989, ch. 544, § 161, eff from and after July 1, 1989.

[Codes, 1906, § 1622; Hemingway’s 1917, § 3403; 1930, § 3599; 1942, § 4415; Laws, 1958, ch. 148, § 1]

Editor’s Notes —

Former §69-1-31 established a division of lime within the Department of Agriculture and Commerce.

§ 69-1-32. “Jim Buck Ross Mississippi Agriculture and Forestry Museum” designated.

The Mississippi Agriculture and Forestry Museum shall be renamed and known as the Jim Buck Ross Mississippi Agriculture and Forestry Museum. The Department of Agriculture and Commerce shall have an appropriate sign or signs placed at the museum displaying the new name of the museum.

HISTORY: Laws, 1991, ch. 516, § 1, eff from and after July 1, 1991.

§§ 69-1-33 through 69-1-39. Repealed.

Repealed by Laws of 1989, ch. 544, § 161, eff from and after July 1, 1989.

§69-1-33. [Codes, 1942, § 4428; Laws, 1942, ch. 255; Laws, 1944, ch. 243, § 1; Laws, 1948, ch. 192, § 1; Laws, 1958, ch. 148, § 2; Laws, 1981, ch. 322, § 1]

§69-1-35. [Codes, 1942, § 4430; Laws, 1942, ch. 255; Laws, 1958, ch. 148, § 3; Laws, 1971, ch. 343, § 1; Laws, 1978, ch. 364; Laws, 1980, ch. 319]

§69-1-37. [Codes, 1942, § 4431; Laws, 1942, ch. 255, § 4; Laws, 1944, ch. 243, § 2; Laws, 1948, ch. 360, § 1; Laws, 1958, ch. 148, § 4]

§69-1-39. [Codes, 1942, § 4433; Laws, 1942, ch. 255; Laws, 1958, ch. 148, § 5]

Editor’s Notes —

Former §69-1-33 authorized the commissioner of agriculture and commerce to establish lime crushing plants.

Former §69-1-35 authorized the department of agriculture and commerce to buy limestone deposits.

Former §69-1-37 related to stations, buildings and other facilities for crushing limestone.

Former §69-1-39 provided that crushed limestone was to be sold at cost.

§ 69-1-40. Warehouses for storage of lime.

The Commissioner of Agriculture and Commerce is hereby authorized at his discretion, and when the funds are available to construct or lease, operate and maintain warehouses to be utilized as a storage place for lime to be used for agricultural purposes. Said warehouses shall be located in the area of the state commonly referred to as the “Mississippi Delta.” The Commissioner of Agriculture and Commerce is further authorized and directed to operate said lime warehouses in such a way as to provide adequate amounts of lime needed for agricultural purposes.

HISTORY: Laws, 1975, ch. 383, eff from and after passage (approved March 21, 1975).

§§ 69-1-41 and 69-1-43. Repealed.

Repealed by Laws of 1989, ch. 544, § 161, eff from and after July 1, 1989.

§69-1-41. [Codes, 1942, § 4434; Laws, 1942, ch. 255, § 7; Laws, 1944, ch. 243, § 3; Laws, 1948, ch. 360, § 2; Laws, 1958, ch. 148, § 6; Laws, 1966, ch. 222, § 1; Laws, 1970, ch. 256, § 1]

§69-1-43. [Codes, 1906, § 1630; Hemingway’s 1917, § 3411; 1930, § 3605; 1942, §§ 4421, 4435; Laws, 1942, ch. 255; Laws, 1958, ch. 148, § 7]

Editor’s Notes —

Former §69-1-41 provided methods for use of funds collected from the sale of limestone.

Former §69-1-43 authorized the department of agriculture and commerce to issue rules and regulations for operation of sections within Chapter 1 of Title 69.

§ 69-1-45. Construction and purpose of chapter.

The provisions of this chapter shall not be construed in any way to conflict with the work and scope of the Mississippi State University of Agriculture and Applied Science and the Mississippi Experiment Station. It is the purpose of this chapter to secure the co-operation by the Department of Agriculture and Commerce with the said university and experiment station in the dissemination and publicity of such useful information as may come into the possession of said departments.

HISTORY: Codes, 1906, § 1630; Hemingway’s 1917, § 3411; 1930, § 3605; 1942, § 4421.

§ 69-1-47. Funding for repairs and renovations at farmers’ market.

The Mississippi Department of Agriculture and Commerce is hereby authorized and empowered, subject to the approval of the Department of Finance and Administration to borrow, from time to time, an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate for repairs and renovations at the Farmers’ Market in Jackson, Hinds County, Mississippi.

The rental proceeds received by the Central Market Board shall be pledged for the payment of the principal of and interest on such loan, which shall not exceed a term of ten (10) years and shall bear an interest rate not to exceed that provided in Section 75-17-101, Mississippi Code of 1972.

HISTORY: Laws, 1987, ch. 418; Laws, 1992, ch. 452, § 1, eff from and after passage (approved May 5, 1992).

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

§ 69-1-48. Authorization to accept, budget, receive and expend funds for improvements to department property and for marketing and promotion programs; funding improvements to Mississippi Agriculture and Forestry Museum.

  1. For purposes of this section, the following words shall have the meanings ascribed herein:
    1. “Department” means the Mississippi Department of Agriculture and Commerce.
    2. “Museum” means the Mississippi Agriculture and Forestry Museum.
  2. The department may accept, budget, receive and expend funds from any source for improvements to department property and for marketing and promotion programs.
    1. The department may allow a federal, state, or local governmental entity or a public, private, commercial or charitable entity to use, publish or advertise the entity’s name on department property and in its publications. Furthermore, the commissioner may lease to any public, private, commercial or charitable entity for a term not to exceed twenty (20) years naming rights for museum buildings or property, including, but not limited to, new construction, improvements to existing buildings, grounds and/or objects located on museum property in return for consideration benefitting the department. The lessee shall pay the cost of erecting, maintaining and removing signage related to the property.
    2. Any funds received from the advertising or lease of naming rights shall be retained by the department and expended for improvements to its property, and marketing and promotion programs.
    3. The department may accept, budget, receive and expend these funds in accordance with rules and regulations of the Department of Finance and Administration in the manner consistent with the escalation of federal funds.
    1. There is established in the State Treasury a special fund for the department for the monies collected under this section.
    2. Unexpended monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund.
    1. The department shall make reasonable attempts to notify the donor of any donated property or artifacts determined to be obsolete to allow such donor to retake possession of such item. If efforts to notify the donor prove unsuccessful, then the department may dispose of, auction or sell any property or artifact in the possession of the museum if the department determines that it is obsolete, no longer of value or use to the museum or unclaimed by the donor.
    2. All funds received under this section on behalf of the museum, shall be transferred into the nonbudgeted enterprise fund related to the museum. The enterprise funds shall be maintained in accordance with generally accepted accounting principles and regulations prescribed by the Department of Finance and Administration.
    3. The department may expend these funds for improvements to the museum and for marketing and promotion programs for the museum in a manner consistent with the museum’s historical purpose.

HISTORY: Laws, 2011, ch. 505, § 1; Laws, 2017, ch. 364, § 1, eff from and after passage (approved Mar. 20, 2017).

Amendment Notes —

The 2017 amendment, effective March 20, 2017, added the last two sentences of (3)(a); and substituted “the advertising or lease of naming rights shall” for “this advertising shall” in (3)(b).

§ 69-1-49. Studies concerning commodity exchange entity, Farm Assistance in Rural Mississippi (FARM) Program, and marketing outlets; federal assistance; reports.

  1. The Department of Agriculture and Commerce and the Mississippi Cooperative Extension Service shall study the merits of establishing a commodity exchange entity whose purpose shall be to coordinate and enhance the marketing of Mississippi crops, poultry and livestock in national and international markets. Such entity would have the authority to consign and broker such crops, poultry and livestock. A report of the study shall be submitted on or before August 1, 1987, to the Governor, Lieutenant Governor and the Legislature.
  2. The Department of Agriculture and Commerce and the Mississippi Cooperative Extension Service shall evaluate the merits of creating a Farm Assistance in Rural Mississippi (FARM) Program, which shall have as its primary features a price enhancement program and a debt reduction assistance program for crop producers. A report on this program shall be submitted on or before September 1, 1987, to the Governor, Lieutenant Governor and the Legislature.
  3. The Department of Agriculture and Commerce shall request the Agri-Marketing Service, marketing affiliate branch of the United States Department of Agriculture to conduct a feasibility study on marketing outlets. The Department of Agriculture and Commerce shall provide the assistance necessary to accomplish the purpose of this section. A report on this study shall be submitted on or before January 1, 1988, to the Governor, Lieutenant Governor and the Legislature.

HISTORY: Laws, 1987, ch. 482, § 30, eff from and after passage (approved April 15, 1987).

Federal Aspects—

Distribution and marketing of agricultural products, see 7 USCS §§ 1621 et seq.

RESEARCH REFERENCES

Am. Jur.

52 Am. Jur. 2d, Markets and Marketing §§ 19, 21, 34 et seq.

CJS.

3 C.J.S., Agriculture §§ 24, 25.

§ 69-1-51. Repealed.

Repealed by its own terms by Laws, 1995, ch. 493, § 1, eff on July 1, 1997.

[Laws, 1995, ch. 493, § 1]

Editor’s Notes —

Former §69-1-51 related to the licensing of out-of-state first purchasers of agricultural products.

§ 69-1-53. Studies concerning the market feasibility of the sale of hybrid bream and hybrid black stripe crappie.

The Division of Agriculture, Forestry and Veterinary Medicine at Mississippi State University shall in cooperation with the Mississippi Department of Agriculture and Commerce and the Mississippi Department of Wildlife, Fisheries and Parks: (a) study the development of a test that can be used in the field for identifying differences between wild species of game fish and game fish produced in an aquacultural facility; and (b) research the culture feasibility and market potential of the sale of hybrid bream and hybrid black stripe crappie as authorized in Section 79-22-9.

HISTORY: Laws, 1997, ch. 370, § 3, eff from and after passage (approved March 18, 1997).

§ 69-1-55. Prohibition against misrepresentation of country of origin of shrimp and crawfish by restaurant that sells imported crawfish or shrimp; penalties for violation.

  1. No owner or manager of a restaurant that sells imported crawfish or shrimp shall misrepresent to the public, either verbally, on a menu, or on a sign displayed on the premises, that the imported crawfish or shrimp is domestic.
  2. A restaurant may designate a shrimp or crawfish as having a United States country of origin if:
    1. The farm-raised shrimp or crawfish is hatched, raised, harvested and processed in the United States; or
    2. The wild shrimp or crawfish is harvested in the waters of the United States, a state or a territory of the United States and processed in the United States, a state or a territory of the United States.
    1. The Commissioner of Agriculture and Commerce and the Attorney General shall regulate restaurants under this section.
    2. The commissioner shall notify, in writing, any restaurant violating this section and shall give the owner or manager three (3) days to correct the violation.No penalties under this section shall apply to any owner or manager that corrects the violation within three (3) days from the date notified by the commissioner.
  3. In addition to any other civil or criminal penalties, any person who violates this section or who otherwise misrepresents imported crawfish or shrimp as domestic may be punished by a fine of not more than One Thousand Dollars ($1,000.00).For a second offense, a person may be punished by a fine of not more than Two Thousand Dollars ($2,000.00). For any subsequent violations, a person may be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by having the license for the restaurant suspended indefinitely or until the restaurant has corrected the violation, or both. Any person against whom a complaint is made or who has been made subject to a fine or license suspension as provided by this subsection may avail themselves of a due process administrative hearing as provided by Section 69-7-616.

HISTORY: Laws, 2011, ch. 476, § 1, eff from and after July 1, 2011.

§ 69-1-56. Produce Safety Rule Program; cooperation with the FDA in developing and administering program; conditional repeal of section; penalty for violation of section.

  1. The Department of Agriculture and Commerce is hereby designated as the state agency responsible for cooperating with the United States Food and Drug Administration (FDA) to enforce the provisions of 21 CFR Part 112. The department is further authorized to cooperate with the FDA in developing and administering the Produce Safety Rule Program of this state. The program requirements will be at least equal to those imposed under 21 CFR Part 112, and the program will be administered in a manner that will prevent or remediate the adulteration of raw agricultural commodities on farms. The department is authorized to enter into such other cooperative agreements as may be necessary to carry out the provisions of the Produce Safety Rule Program.
  2. The Department of Agriculture and Commerce may accept advisory assistance from the Food and Drug Administration in developing the program authorized by this section, technical and laboratory assistance and training, including necessary curriculum, instructional materials, and equipment, and financial assistance or other aid for administration of the program authorized by this section.
  3. The Department of Agriculture and Commerce shall represent the state in all communications and negotiations with the FDA regarding the implementation of this section and the provisions of the FDA Food Safety Modernization Act that fall within the department’s authority granted by this section.
    1. The commissioner is authorized to adopt rules and regulations as may be necessary to carry out the provisions of this section, including the following:
      1. Enter the premises of any covered farm for the purpose of inspecting the farm to determine if any provision of this section is being violated;
      2. Enter the premises of any covered farm for the purpose of securing samples or specimens to determine if any provision of this section is being violated; and
      3. Seize, condemn, or destroy any produce that is being grown, kept, exposed for sale, held in possession or under the control of any person on a covered farm if that produce is in violation of this section.
    2. No person shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the commissioner, an inspector of the department or any other person in the performance of his duties pursuant to this section.
  4. The provisions of this section shall remain in effect only as long as the federal funds required to implement the provisions of the FDA Food Safety Modernization Act referenced in this section are provided or upon the date of repeal of 21 CFR Part 112.
  5. Any person who violates a provision of this section or a regulation adopted pursuant to the provisions of this section may be subject to a civil penalty of not more than Five Thousand Dollars ($5,000.00) per violation. Any civil penalty imposed by ruling of the commissioner under this section shall be based upon an administrative hearing held in accordance with the provisions of Section 69-1-18.

HISTORY: Laws, 2018, ch. 301, § 1, eff from and after passage (approved March 5, 2018).

Federal Aspects —

FDA Food Safety Modernization Act, see 21 USCS § 2201 et seq.

Council of State Agencies on Agriculture

§ 69-1-61. Repealed.

Repealed by Laws of 2017, ch. 402, § 14, effective July 1, 2017.

§69-1-61. [Codes, 1942, § 8946-171; Laws, 1971, ch. 463, § 1; Laws, 1988, ch. 518, § 89, eff from and after July 1, 1988.]

Editor’s Notes —

Former §69-1-61 established the Council of State Agencies on Agriculture.

Authority for the Control of Fire Ants [Repealed]

§§ 69-1-81 through 69-1-95. Repealed.

Repealed by Laws of 1982, ch. 388, § 9, eff from and after July 1, 1986.

[En Laws, 1976, ch. 427, §§ 1-8; Am 1978, ch. 477, §§ 1-8; Laws, 1980, ch. 332, §§ 1-8; Re & Am 1982, ch. 388, §§ 1-8; Laws, 1984, ch. 488, §§ 269-271]

Editor’s Notes —

The provisions of former §§69-1-81 through69-1-95 related to the Mississippi Authority for the Control of Fire Ants.

§§ 69-1-96 through 69-1-98. Repealed.

Repealed by Laws of 1993, ch. 316, § 4, eff from and after passage (approved March 15, 1993).

§69-1-96. [En Laws, 1991, ch. 533, §§ 1-3]

§69-1-97. [En Laws, 1991, ch. 533, § 2]

§69-1-98. [En Laws, 1991, ch. 533, § 3]

Editor’s Notes —

Former §§69-1-96,69-1-97, and69-1-98 pertained to authorization, execution, fair market value, and hold harmless provisions, in connection with agreements to lease property of the former Mississippi Authority for the Control of Fire Ants.

Mississippi Marketing of Agricultural Products and Industry Program Act of 1988

§ 69-1-101. Short title.

Sections 69-1-101 through 69-1-117 shall be known and cited as the “Mississippi Marketing of Agricultural Products and Industry Program Act of 1988.”

HISTORY: Laws, 1988, ch. 591, § 1, eff from and after passage (approved May 24, 1988).

§ 69-1-103. Creation of “Marketing of Agricultural Products and Industry Program” and “Marketing of Agricultural Products and Industry Council”; purpose.

There is hereby created within the Department of Agriculture and Commerce the Mississippi Marketing of Agricultural Products and Industry Program, to be administered by the Mississippi Marketing of Agricultural Products and Industry Council, hereinafter referred to as “the council,” for the purposes of stimulating the development of new markets for Mississippi Agricultural Products and Industry, and further encouraging the establishment, particularly in the rural areas and smaller communities of Mississippi, of industrial operations processing agricultural products to an end-usage stage, ready for sale to the markets of the nation and the world.

HISTORY: Laws, 1988, ch. 591, § 2, eff from and after passage (approved May 24, 1988).

§ 69-1-105. Membership of council; cooperative agreement between agencies represented on council; authority to enter into agreements and contracts; annual report; agricultural marketing director; expenses of council.

  1. The council shall be composed of the Chairman and Vice-chairman, House of Representatives and Senate Agriculture Committees, or their designees, the Commissioner of the Department of Agriculture and Commerce, the Director of the Department of Economic Development, and the Vice-President, Division of Agriculture, Forestry and Veterinary Medicine of Mississippi State University, Alcorn State University, Divisional Director of Agriculture and Applied Sciences, who shall enter into a cooperative agreement to identify resource availability and personnel expertise in all areas directly or indirectly related to agricultural production, management and marketing as may be deemed necessary to achieve the purposes of Sections 69-1-101 through 69-1-117. The cooperative agreement between the agencies shall include, but not be limited to, provisions that Mississippi State University through the Cooperative Extension Service, the Agricultural and Forestry Experiment Station, the College of Veterinary Medicine and the Forest Products Labs shall provide technical, educational and direct marketing assistance; basic and applied research, technology transfer, dissemination of research information, interdisciplinary teams, feasibility studies and networking; the Department of Agriculture and Commerce shall be primarily responsible for market development, product promotion, regulatory functions in developing market standards, monitoring standards and establishment of quality control; public relations for Mississippi agriculture, institutional marketing and data collection; the Department of Economic Development shall be primarily responsible for agriculture business and economic development, and financial assistance value added processing. All council member agencies are hereby authorized and directed to utilize and share any and all available resources necessary to accomplish the purposes of Sections 69-1-101 through 69-1-117.

    In addition, the council shall be authorized to contract or enter into agreements with other agencies and/or private research centers that it may deem necessary to carry out its duties and functions.

    The council shall prepare and submit a comprehensive annual report to the Legislature no later than January 15 of each year.

  2. The council shall appoint an Agricultural Marketing Director, herein called director, who shall be competent and qualified in the area of marketing, agriculture or a related area and receive as compensation for services an annual salary to be established by the personnel board. The director shall be the one-point information contact on agricultural production, management and marketing issues and shall be charged with the duty of knowing the role and responsible personnel in each agency on matters related to agriculture. The director shall be directly responsible to the council for tasks assigned in the administration and implementation of programs developed by the council. The director shall be located in the Department of Agriculture and Commerce and administrative support for the director shall be the shared responsibility of the members of the council.

    Any expenses incurred by the council agencies in providing support for the Mississippi Marketing of Agricultural Products and Industry program shall be included pro rata in the annual budget of the respective agency.

HISTORY: Laws, 1988, ch. 591, § 3, eff from and after passage (approved May 24, 1988).

Editor’s Notes —

Section 57-1-54 provides that the term “Mississippi Department of Economic Development” appears in any law the same shall mean the Department of Economic and Community Development.

Cross References —

Additional powers and duties of the council, see §69-1-107.

Authority of the council to promulgate rules and regulations to carry out the provisions of the Marketing of Agricultural Products and Industry Program act, see §69-1-109.

§ 69-1-107. Duties and responsibilities of the council.

The duties and responsibilities of the council shall be the following:

  1. To conduct national and international market research to identify trade and investment opportunities.
  2. To provide one-on-one business assistance with research, strategic planning, partner search, evaluation, negotiation and follow-up.
  3. To identify joint ventures and licensing services.
  4. To provide special assistance to Mississippi’s agricultural producers and firms engaged in the marketing of agricultural products produced in Mississippi to develop markets.
  5. To conduct market studies to identify agricultural products that can be manufactured in Mississippi from materials and resources available in or to Mississippi for which a profitable and growing market exists.
  6. To assist with layout, design, plans and specifications of plants, machinery, equipment and other facilities necessary to products in profitable volume.
  7. To advertise and solicit for production and industrial promotion purposes.
  8. To provide assistance with financial packaging by utilizing all available fund resources provided by the State of Mississippi including, but not limited to, the Small Business Investment Act, Emerging Crop Fund and the Business Financial Investment Act.
  9. To establish a Mississippi Register of Mississippi Agricultural Producers and set criteria for listing therein.
  10. To coordinate purchasing agreements between state institutions and Mississippi agricultural producers.
  11. To create, establish and organize the state into marketing districts for the most effective and efficient use of marketing resources.
  12. To provide any other assistance and services necessary to accomplish the purposes of Sections 69-1-101 through 69-1-117.

HISTORY: Laws, 1988, ch. 591, § 4, eff from and after passage (approved May 24, 1988).

Cross References —

Additional powers and duties of the council, see §69-1-105.

Authority of the council to promulgate rules and regulations to carry out the provisions of the marketing of agricultural products and industry program act, see §69-1-109.

§ 69-1-109. Rules and regulations.

The council is hereby authorized and empowered to promulgate rules and regulations required to carry out the provisions of Sections 69-1-101 through 69-1-117.

HISTORY: Laws, 1988, ch. 591, § 5, eff from and after passage (approved May 24, 1988).

§ 69-1-111. Authorization to accept contributions, gifts and grants; agricultural marketing fund.

The Mississippi Marketing of Agricultural Products and Industry Council is hereby authorized and empowered to accept monetary or in-kind contributions, gifts and grants for use in the marketing program. Any such monies shall be deposited in a special fund hereby established in the State Treasury to be known as the “Agricultural Marketing Fund,” to be appropriated by the Legislature for use by the Mississippi Marketing of Agricultural Products and Industry Council.

HISTORY: Laws, 1988, ch. 591, § 6, eff from and after passage (approved May 24, 1988).

§ 69-1-113. Repealed.

Repealed by Laws of 2017, ch. 402, § 15, effective July 1, 2017.

§69-1-113. [Laws, 1988, ch. 591, § 7, eff from and after passage (approved May 24, 1988).]

Editor’s Notes —

Former §69-1-113 established the Agricultural Marketing Advisory Task Force.

§ 69-1-115. Authorization for payment of per diem compensation and actual expenses to council members; exceptions.

Members of the council shall serve without compensation, provided that they shall be entitled to per diem compensation as is authorized by law for each day occupied with the discharge of official duties as members of the council and all actual, necessary expenses incurred in the discharge of their official duties, including mileage as authorized by law. However, no member shall be authorized to receive reimbursement for expenses, including mileage, or per diem compensation unless such authorization appears in the minutes of the council and is signed by the chairman or vice chairman. The members of the council shall not receive per diem or expenses while the Legislature is in session. All expenses incurred by and on behalf of the council shall be paid from a sum to be provided in equal portion from the contingency funds of the Senate and House of Representatives.

HISTORY: Laws, 1988, ch. 591, § 8; Laws, 2017, ch. 404, § 11, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment deleted “and task force” following “Members of the council” near the beginning; and deleted “or task force” following “members of the council” in the first sentence, “minutes of the council” in the second sentence, “members of the council” in the third sentence, and “on behalf of the council” in the last sentence.

§ 69-1-117. Liberal construction; savings clause.

The provisions of Sections 69-1-101 through 69-1-117 shall be liberally construed to accomplish the purposes of Sections 69-1-101 through 69-1-117. The powers granted and the duties imposed in Sections 69-1-101 through 69-1-117 shall be construed to be independent and severable. If any one or more sections, subsections, sentences or parts of any of Sections 69-1-101 through 69-1-117 shall be adjudged unconstitutional or invalid, such adjudication shall not affect, impair or invalidate the remaining provisions thereof, but shall be confined in its operation to the specific provisions so held unconstitutional or invalid.

HISTORY: Laws, 1988, ch. 591, § 9, eff from and after passage (approved May 24, 1988).

Mississippi Department of Agriculture and Commerce Reorganization Act of 1991

§ 69-1-201. Short title.

This act [Laws, 1991, ch 530] shall be known and may be cited as the “Mississippi Department of Agriculture and Commerce Reorganization Act of 1991.”

HISTORY: Laws, 1991, ch. 530, § 1, eff from and after July 1, 1991.

Editor’s Notes —

Laws, 1991, ch. 530, enacted sections 69-1-201 and 69-1-203. For a complete list of sections affected by Laws, 1991, ch. 530, see Table B, Allocation of Acts, 1991, in the Statutory Tables volume.

§ 69-1-203. Functions of department; organization of department into offices; duties of offices.

The Department of Agriculture and Commerce shall promote the development of agriculture and aquaculture for both native and nonnative species. The department shall be organized into the Administration Office, the Regulatory Office, and the Marketing, Agricultural Development and Finance Office. Each office shall have the duties hereinafter specified in addition to any other duties assigned to it by the commissioner.

The Administration Office shall consist of such employees as may be assigned to it by the commissioner and shall have exclusive responsibility for the following functions of the department:

Accounting;

Payroll;

Purchasing;

Data processing;

Personnel;

Motor pool and vehicles;

Maintenance; and

Printing and records.

The Regulatory Office shall administer those laws relating to the regulation of the labels of syrup containers; the regulation of the sale of planting seed; the regulation of the sale of livestock by weight; the protection of the health of swine; the inspection of grain crops; the testing of the accuracy of petroleum pumps; the inspection of milk manufacturing plants and producers; the establishment of standards for frozen desserts sold in Mississippi; the licensing of exotic bird dealers; the regulation of the disposition of animal and poultry inedible waste; the regulation of the labeling of catfish; the adoption of systems of weights and measures for all commercial purposes in Mississippi; the inspection of meat and poultry and the licensing of facilities used for the processing thereof; and the regulation of the measurement and receiving of pulpwood.

The Marketing, Agricultural Development and Finance Office shall develop direct contact with potential buyers worldwide for the Mississippi agricultural community to expand domestic and international markets; develop and regulate aquaculture production as provided in the Mississippi Aquaculture Act of 1988; and operate and administer the Mississippi Market Bulletin, the Market News Service, the Mississippi Agriculture and Forestry Museum and the Centennial Farm Family Program. This office shall also be responsible for the collection, analysis and dissemination of statistical data concerning the production, supply, price and other aspects of the state’s agricultural economy.

HISTORY: Laws, 1991, ch. 530, § 2; Laws, 1992, ch. 363 § 1, eff from and after passage (approved April 21, 1992).

Editor’s Notes —

Laws, 1992, ch. 332, § 1, effective from and after passage (approved April 20, 1992), provides as follows:

“SECTION 1. The Mississippi Department of Agriculture and Forestry Museum is authorized in its discretion to convey to the Mississippi State Highway Department on behalf of the Mississippi Department of Agriculture and Forestry Museum real property described as follows:

“PARCEL NO. 1.

“Begin at a point on the present northerly right-of-way line of Mississippi Highway No. 25 (Lakeland Drive) that is 100 feet northerly of the centerline of survey of State Project No. 79-0056-01-035-11 at highway survey station 47+12.83; from said point of beginning run thence northeasterly a distance of 96 feet more or less to a point that is 115 feet northerly of and perpendicular to the centerline of survey of said project at Station 48+10.69; thence north 87 Degrees 59 Minutes East along a line that is parallel with and 115 feet northerly of the centerline of survey of said project, a distance of 105.7 feet; thence southeasterly a distance of 63 feet more or less to a point that is 85 feet northerly of and perpendicular to the centerline of survey of said project at Station 11+50; thence southeasterly a distance of 103 feet more or less to a point that is 80 feet northerly of and perpendicular to the centerline of survey of said project at Station 12+50; thence easterly along a line that is parallel with and 80 feet northerly of the centerline of survey of said project a distance of 497 feet more or less to a point that is 80 feet northerly of and measured radially to the centerline of survey of said project at Station 17+50; thence northeasterly along the proposed northerly right-of-way line of said project a distance of 73 feet more or less to the east line of the Agriculture and Forestry Museum Property; thence southerly along said east property line a distance of 23 feet more or less to the present northerly right-of-way line of Mississippi Highway No. 25; thence westerly along said present northerly right-of-way line of Mississippi Highway No. 25 a distance of 925 feet more or less to the point of beginning and containing 0.61 acres more or less and being situated in and a part of the South Half of the Northwest Quarter of Section 25, Township 6 North, Range 1 East, First Judicial District, Hinds County, Mississippi.”

Cross References —

Mississippi Aquaculture Act of 1988, see §§79-22-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Jim Buck Ross Mississippi Agriculture and Forestry Museum is operated and administered by Mississippi Department of Agriculture and Commerce through general and broad grant of authority pursuant to Miss. Code Section 69-1-203. Ross, Jan. 3, 1993, A.G. Op. #92-1016.

The Mississippi Department of Agriculture and Commerce may rent space to the Craftsmen’s Guild of Mississippi, Inc., at the Jim Buck Ross Mississippi Agriculture and Forestry Museum upon such terms and for such consideration, monetary or otherwise, as the Department may find as a matter of fact is sufficient. Spell, April 24, 1998, A.G. Op. #98-0225.

The Department of Agriculture and Commerce may permit the use of the Mississippi Agriculture and Forestry Museum to another state agency at no cost, and may waive the lease fee for other governmental entities. The agency may reduce the lease rate to private individuals or organizations to encourage use on certain days of the week, so long as the policy is applied consistently and uniformly and the reduction does not constitute a donation to a private organization. Spell, March 30, 2007, A.G. Op. #07-00156, 2007 Miss. AG LEXIS 69.

Disparagement of Perishable Agricultural or Aquacultural Food Product

§ 69-1-251. Legislative findings.

The Legislature finds that the production of agricultural and aquacultural food products constitutes an important and significant portion of the state economy and that it is beneficial to the citizens of this state to protect the vitality of the agricultural and aquacultural economy by providing a cause of action for producers of perishable agricultural food products to recover damages for the disparagement of any perishable agricultural or aquacultural food product.

HISTORY: Laws, 1994, ch. 605, § 6, eff from and after July 1, 1994.

§ 69-1-253. Definitions.

As used in Sections 69-1-251 through 69-1-257, the following terms shall have the following meanings:

“Disparagement” means dissemination to the public in any manner of any false information that the disseminator knows to be false, and which states or implies that a perishable agricultural or aquacultural food product is not safe for consumption by the consuming public. Such information is presumed to be false when not based upon reasonable and reliable scientific inquiry, facts or data.

“Perishable agricultural or aquacultural food product” means any food product of agriculture or aquaculture which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.

HISTORY: Laws, 1994, ch. 605, § 7, eff from and after July 1, 1994.

§ 69-1-255. Cause of action for damages and appropriate relief.

Any producer of perishable agricultural or aquacultural food products who suffers damage as a result of another person’s disparagement of any such perishable agricultural or aquacultural food product has a cause of action for damages and for any other appropriate relief in a court of competent jurisdiction.

HISTORY: Laws, 1994, ch. 605, § 8, eff from and after July 1, 1994.

§ 69-1-257. Limitations of action.

Any civil action for damages for disparagement of perishable agricultural or aquacultural food products shall be commenced within one (1) year after the cause of action accrues.

HISTORY: Laws, 1994, ch. 605, § 9, eff from and after July 1, 1994.

Mississippi Country of Origin Labeling Law of 2009

§ 69-1-301. Short title.

Sections 69-1-301 through 69-1-319 shall be known as the “Mississippi Country of Origin Labeling Law of 2009.”

HISTORY: Laws, 2009, ch. 321, § 1, eff from and after Mar. 16, 2009.

Editor’s Notes —

Laws of 2009, ch. 321, § 12, provides:

“Sections 69-1-301 through 69-1-319 shall take effect and be in force from and after the effective date of the federal rules or regulations on mandatory country of origin labeling promulgated by the U.S. Department of Agriculture.”

On January 15, 2009, the U.S. Department of Agriculture, Agriculture Marketing Service, published a final rule for all covered commodities (74 FR 2658). The rule became effective on March 16, 2009.

§ 69-1-303. Definitions.

For purposes of Sections 69-1-301 through 69-1-319, the following terms shall have the meaning ascribed herein unless the context otherwise requires:

“Beef” means the meat produced from cattle, including veal.

“Commissioner” means the Commissioner of Agriculture and Commerce.

“Covered commodity” means any of the following:

Muscle cuts of beef, lamb and pork;

Ground beef, ground lamb and ground pork;

Farm-raised fish;

Wild fish;

Perishable agricultural products;

Peanuts;

Meat produced from goats;

Chicken, in whole and in part;

Ginseng;

Pecans; and

Macadamia nuts.

The term covered commodity does not include an item described in this paragraph if the item is an ingredient in a processed food item.

“Farm-raised fish” means farm-raised fish and shellfish and includes a fillet, steak, nugget and any other flesh from a farm-raised fish or shellfish. The term farm-raised fish shall not include catfish as defined in Section 69-7-605.

“Lamb” means meat, other than mutton, produced from sheep.

“Perishable agricultural product” means any of the following: fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice.

“Pork” means meat produced from hogs or swine.

“Retailer” means any establishment licensed by the commissioner under Section 69-1-18.

“Supplier” means a person engaged in the business of supplying a covered commodity to a retailer.

“Wild fish” means naturally born or hatchery-raised fish and shellfish harvested in the wild and includes a fillet, steak, nugget and any other flesh from wild fish or shellfish. The term wild fish does not include net-pen aquacultural or other farm-raised fish or catfish as defined in Section 69-7-605.

HISTORY: Laws, 2009, ch. 321, § 2, eff from and after Mar. 16, 2009.

Editor’s Notes —

Laws of 2009, ch. 321, § 12, provides:

“Sections 69-1-301 through 69-1-319 shall take effect and be in force from and after the effective date of the federal rules or regulations on mandatory country of origin labeling promulgated by the U.S. Department of Agriculture.”

On January 15, 2009, the U.S. Department of Agriculture, Agriculture Marketing Service, published a final rule for all covered commodities (74 FR 2658). The rule became effective on March 16, 2009.

§ 69-1-305. Requirements imposed upon retailers and suppliers of covered commodities; means of providing information.

  1. A retailer of a covered commodity shall inform consumers, at the final point of sale of the covered commodity to consumers, of the country of origin of the covered commodity.
    1. The information may be provided to consumers by means of a label, stamp, mark, placard or other clear and visible sign on the covered commodity or on the package, display, holding unit or bin containing the commodity at the final point of sale to consumers.
    2. If the covered commodity is already individually labeled for retail sale regarding country of origin, the retailer shall not be required to provide any additional information to comply with this section.
  2. A supplier shall provide information to the retailer indicating the country of origin of the covered commodity.

HISTORY: Laws, 2009, ch. 321, § 3, eff from and after Mar. 16, 2009.

Editor’s Notes —

Laws of 2009, ch. 321, § 12, provides:

“This act shall take effect and be in force from and after the effective date of the federal rules or regulations on mandatory country of origin labeling promulgated by the U.S. Department of Agriculture.”

On January 15, 2009, the U.S. Department of Agriculture, Agriculture Marketing Service, published a final rule for all covered commodities (74 FR 2658). The rule became effective on March 16, 2009.

§ 69-1-307. Designation of country of origin of beef, lamb, pork, chicken or goat meat; contents of notice for ground beef, pork, lamb, chicken or goat.

  1. United States country of origin. A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat may designate the covered commodity as exclusively having a United States country of origin only if the covered commodity is derived from an animal that was:
    1. Exclusively born, raised and slaughtered in the United States; or
    2. Born and raised in Alaska or Hawaii and transported for a period of not more than sixty (60) days through Canada to the United States and slaughtered in the United States.
  2. A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat may designate the country of origin of the covered commodity as all of the countries in which the animal may have been born, raised or slaughtered, if the commodity is derived from an animal that was:
    1. Not exclusively born, raised and slaughtered in the United States; or
    2. Born, raised or slaughtered in the United States; and
    3. Not imported into the United States for immediate slaughter.
  3. A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat that is derived from an animal imported into the United States for immediate slaughter shall designate the origin as:
    1. The country from which the animal was imported; and
    2. The United States.
  4. A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat derived from an animal not born, raised or slaughtered in the United States shall designate a country other than the United States as the country of origin.
  5. The notice of country of origin for ground beef, ground pork, ground lamb, ground chicken or ground goat shall include:
    1. A list of all countries of origin of the ground beef, ground pork, ground lamb, ground chicken or ground goat; or
    2. A list of all possible countries of origin of the ground beef, ground pork, ground lamb, ground chicken or ground goat.

HISTORY: Laws, 2009, ch. 321, § 4, eff from and after Mar. 16, 2009.

Editor’s Notes —

Laws of 2009, ch. 321, § 12, provides:

“This act shall take effect and be in force from and after the effective date of the federal rules or regulations on mandatory country of origin labeling promulgated by the U.S. Department of Agriculture.”

On January 15, 2009, the U.S. Department of Agriculture, Agriculture Marketing Service, published a final rule for all covered commodities (74 FR 2658). The rule became effective on March 16, 2009.

§ 69-1-309. Designation of country of origin of farm-raised fish or wild fish; notice to distinguish between wild fish and farm-raised fish.

  1. A retailer of a covered commodity that is farm-raised fish or wild fish may designate the covered commodity as having a United States country of origin only if:
    1. In the case of farm-raised fish, it is hatched, raised, harvested and processed in the United States; or
    2. In the case of wild fish, it is:
      1. Harvested in waters of the United States, a territory of the United States or a state, including the waters thereof; and
      2. Processed in the United States, a territory of the United States or a state, including the waters thereof.
  2. The notice of country of origin for wild fish and farm-raised fish shall distinguish between wild fish and farm-raised fish.

HISTORY: Laws, 2009, ch. 321, § 5, eff from and after Mar. 16, 2009.

Editor’s Notes —

Laws of 2009, ch. 321, § 12, provides:

“This act shall take effect and be in force from and after the effective date of the federal rules or regulations on mandatory country of origin labeling promulgated by the U.S. Department of Agriculture.”

On January 15, 2009, the U.S. Department of Agriculture, Agriculture Marketing Service, published a final rule for all covered commodities (74 FR 2658). The rule became effective on March 16, 2009.

§ 69-1-311. Designation of country of origin of perishable agricultural products, ginseng, peanuts, pecans or macadamia nuts.

  1. A retailer of a covered commodity that is a perishable agricultural product, ginseng, peanut, pecan or macadamia nut may designate the covered commodity as having a United States country of origin only if the covered commodity is exclusively produced in the United States.
  2. If the covered commodity that is a perishable agricultural product, ginseng, peanut, pecan or macadamia nut is produced exclusively in the United States, designation of the state, region or locality of the United States where the commodity was produced shall be sufficient to identify the United States as the country of origin.

HISTORY: Laws, 2009, ch. 321, § 6, eff from and after Mar. 16, 2009.

Editor’s Notes —

Laws of 2009, ch. 321, § 12, provides:

“This act shall take effect and be in force from and after the effective date of the federal rules or regulations on mandatory country of origin labeling promulgated by the U.S. Department of Agriculture.”

On January 15, 2009, the U.S. Department of Agriculture, Agriculture Marketing Service, published a final rule for all covered commodities (74 FR 2658). The rule became effective on March 16, 2009.

§ 69-1-313. Promulgation of rules and regulations; authority to enter certain premises to conduct label reviews.

  1. The commissioner is authorized to promulgate any rules and regulations as are necessary for the efficient enforcement of Sections 69-1-301 through 69-1-319.
  2. The commissioner shall have authority to enter the premises of any person that prepares, stores, handles or supplies any covered commodity for retail sale to conduct label reviews of covered commodities in order to determine compliance with Sections 69-1-301 through 69-1-319.

HISTORY: Laws, 2009, ch. 321, § 7, eff from and after Mar. 16, 2009.

Editor’s Notes —

Laws of 2009, ch. 321, § 12, provides:

“Sections 69-1-301 through 69-1-319 shall take effect and be in force from and after the effective date of the federal rules or regulations on mandatory country of origin labeling promulgated by the U.S. Department of Agriculture.”

On January 15, 2009, the U.S. Department of Agriculture, Agriculture Marketing Service, published a final rule for all covered commodities (74 FR 2658). The rule became effective on March 16, 2009.

§ 69-1-315. Authority to enter into cooperative agreements with federal government.

The commissioner may cooperate with and enter into agreement with agencies of the federal government in order to carry out the purpose and provisions of Sections 69-1-301 through 69-1-319. In this cooperative effort, the commissioner is authorized to accept from the federal government any advisory assistance planning and any financial aid or other aid for the program.

HISTORY: Laws, 2009, ch. 321, § 8, eff from and after Mar. 16, 2009.

Editor’s Notes —

Laws of 2009, ch. 321, § 12, provides:

“Sections 69-1-301 through 69-1-319 shall take effect and be in force from and after the effective date of the federal rules or regulations on mandatory country of origin labeling promulgated by the U.S. Department of Agriculture.”

On January 15, 2009, the U.S. Department of Agriculture, Agriculture Marketing Service, published a final rule for all covered commodities (74 FR 2658). The rule became effective on March 16, 2009.

§ 69-1-317. Authority to conduct audit of retailer that prepares, stores, handles or supplies covered commodities; retailer required to provide information to verify country of origin; injunctive relief for failure to provide information.

  1. The commissioner may conduct an audit of any person that prepares, stores, handles or supplies any covered commodity for retail sale to verify compliance with Sections 69-1-301 through 69-1-319.
  2. Any person subject to an audit under this section shall provide information to the commissioner that verifies the country of origin of the covered commodities. Records maintained in the course of the normal conduct of the business of those persons, including animal health papers, import or customs documents or producer affidavits, may serve as verification.
  3. The commissioner may seek injunctive relief if a person fails to provide the information required under this section.

HISTORY: Laws, 2009, ch. 321, § 9, eff from and after Mar. 16, 2009.

Editor’s Notes —

Laws of 2009, ch. 321, § 12, provides:

“Sections 69-1-301 through 69-1-319 shall take effect and be in force from and after the effective date of the federal rules or regulations on mandatory country of origin labeling promulgated by the U.S. Department of Agriculture.”

On January 15, 2009, the U.S. Department of Agriculture, Agriculture Marketing Service, published a final rule for all covered commodities (74 FR 2658). The rule became effective on March 16, 2009.

§ 69-1-319. Written notification to retailer or supplier of violations; opportunity to correct violations; penalties; appeals.

  1. If the commissioner determines that a retailer is in violation of Sections 69-1-301 through 69-1-319, the commissioner shall:
    1. Notify the retailer of the determination of the commissioner; and
    2. Provide the retailer a thirty-day period, during which the retailer must take necessary steps to comply with Sections 69-1-301 through 69-1-319.
  2. If the commissioner determines that a supplier is in violation, the commissioner shall:
    1. Notify the supplier of the determination of the commissioner; and
    2. Provide the supplier a thirty-day period, beginning on the date on which the person receives the notice, during which the supplier shall:
      1. Provide the required information to the retailer; and
      2. Provide to the commissioner a detailed plan of distribution of the required information to all retailers that are supplied covered commodities by the supplier.
  3. If at the end of the thirty-day period, the commissioner determines that the retailer or supplier failed to make a good faith effort to correct the violation or continues to be in violation, the commissioner, in addition to any other civil or criminal penalties, may fine the retailer or supplier not more than One Thousand Dollars ($1,000.00) for each violation. An appeal may be filed as provided under Section 69-25-59.

HISTORY: Laws, 2009, ch. 321, § 10, eff from and after Mar. 16, 2009.

Editor’s Notes —

Laws of 2009, ch. 321, § 12, provides:

“Sections 69-1-301 through 69-1-319 shall take effect and be in force from and after the effective date of the federal rules or regulations on mandatory country of origin labeling promulgated by the U.S. Department of Agriculture.”

On January 15, 2009, the U.S. Department of Agriculture, Agriculture Marketing Service, published a final rule for all covered commodities (74 FR 2658). The rule became effective on March 16, 2009.

Interagency Farm to School Council

§ 69-1-351. Repealed.

Repealed by its own terms effective July 1, 2015.

§69-1-351. [Laws, 2013, ch. 464, § 1, eff from and after passage (approved March 26, 2013.)]

Editor’s Notes —

Former §69-1-351 created the Interagency Farm to School Council.

§ 69-1-353. Definitions.

For purposes of Sections 69-1-351 and 69-1-353, the following terms shall have the meanings herein ascribed unless the context clearly indicates otherwise:

“Council” means the Interagency Farm to School Council created in Section 69-1-351.

“Farm to school program” means any commercial relationship where a school purchases locally grown or locally raised agricultural products to serve in school meals and can include educational programs for students on local agriculture and nutrition;

“Locally grown or locally raised agricultural products” means any food products grown on Mississippi farms or gardens, and includes, but is not limited to, fruits, vegetables, and nuts grown in Mississippi, meat, poultry, eggs, dairy, fish, seafood and other aquatic products produced in Mississippi, and products processed into value-added products that are grown or produced in Mississippi;

“School” means any K-12 accredited public or private institution for learning and also includes public and private preschools.

HISTORY: Laws, 2013, ch. 464, § 2, eff from and after passage (approved March 26, 2013.).

Editor’s Notes —

Section 69-1-351 referred to in the first two paragraphs, was repealed by its own terms effective July 1, 2015.

Certificates of Free Sale for Agricultural Products Exported From Mississippi

§ 69-1-371. Purpose.

A certificate of free sale is sometimes required for agricultural products from Mississippi to enter importing states and foreign countries. Persons exporting products from Mississippi are often asked by importing states and foreign countries to supply a certificate for products registered with or regulated by the Mississippi Department of Agriculture and Commerce. The purpose of Sections 69-1-371 through 69-1-375 is to authorize the Mississippi Department of Agriculture and Commerce to issue a certificate of free sale for agricultural products and those products registered with or regulated by the department for the purpose of exporting these products from Mississippi.

HISTORY: Laws, 2013, ch. 509, § 1, eff from and after passage (approved April 23, 2013).

§ 69-1-373. Definitions.

As used in Sections 69-1-371 through 69-1-375:

“Agricultural products” means, but is not limited to, any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed for human or livestock consumption or products that are used for agricultural purposes such as fertilizers and soil and plant amendments.

“Department” means the Mississippi Department of Agriculture and Commerce.

HISTORY: Laws, 2013, ch. 509, § 2, eff from and after passage (approved April 23, 2013).

§ 69-1-375. Certificates of free trade for agricultural products grown or manufactured in, or distributed and sold from Mississippi; contents of request for certificate.

  1. The department is authorized to issue certificates of free sale for products grown or manufactured in Mississippi or distributed and sold from Mississippi. The business must be in good standing with the Mississippi Secretary of State’s office.
  2. All requests for certificates must be in writing and shall contain at least the following information:
    1. The name under which the business is conducted and/or licensed;
    2. The physical address where the business is conducted;
    3. The type of operation conducted by the requesting establishment;
    4. The product’s full, common or usual name of the product, the name of the manufacturer and the size of the product. Each product size shall be submitted as a separate product. Products on the certificate will be listed exactly as submitted;
    5. The country or countries to where the product is being shipped; and
    6. The number of certificates requested.
    1. Labeling information, promotional information, website information, master formulas, marketing clearance letters, distribution records, and advertising affixed to, accompanying, or relating to the products may be required to be submitted for each product upon request by the department.

      If labeling is in a foreign language, applicant shall provide English translation. Labeling information shall be in final format. Label prototypes and drafts shall not be accepted.

    2. The certificate will list the product name, the manufacturer’s name, and the product size, if applicable.
  3. The department assumes no legal liability by issuing these certificates, but merely serves to promote the export of agricultural products from the State of Mississippi.

HISTORY: Laws, 2013, ch. 509, § 3, eff from and after passage (approved April 23, 2013).

Chapter 2. Mississippi Farm Reform Act

General Provisions

§ 69-2-1. Short title.

This chapter shall be known and may be cited as the Mississippi Farm Reform Act of 1987.

HISTORY: Laws, 1987, ch. 482, § 1, eff from and after passage (approved April 15, 1987).

§ 69-2-3. Legislative intent.

The Legislature hereby finds and declares that there exists within the state a serious emergency as a result of the nation’s agricultural crisis and that there is a need to ensure that services are available for farmers, farm laborers, farm families and small businesses who have been adversely affected by the declining agricultural economy. Existing state programs need to be dedicated to meet these needs to the extent possible without creating additional administration. It is important that existing programs and services be coordinated into a network so that those in the agricultural and small business community can learn of these programs and services and obtain their benefits as expeditiously as possible.

HISTORY: Laws, 1987, ch. 482, § 2, eff from and after passage (approved April 15, 1987).

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 19 et seq.

CJS.

3 C.J.S., Agriculture §§ 72, 73.

§ 69-2-5. Information regarding programs and services; assistance provided by and donations to clearinghouse; report to Governor [Repealed effective July 1, 2023].

  1. The Mississippi Cooperative Extension Service shall act as a clearinghouse for the dissemination of information regarding programs and services which may be available to help those persons and businesses which have been adversely affected by the present emergency in the agricultural community. The Cooperative Extension Service shall develop a plan of assistance which shall identify all programs and services available within the state which can be of assistance to those affected by the present emergency. The Department of Agriculture and Commerce, Department of Finance and Administration, Department of Human Services, Department of Mental Health, State Department of Health, Board of Trustees of State Institutions of Higher Learning, Mississippi Community College Board, Research and Development Center, Mississippi Development Authority, Department of Employment Security, Office of the Governor, Board of Vocational and Technical Education, Mississippi Authority for Educational Television, and other agencies of the state which have programs and services that can be of assistance to those affected by the present emergency, shall provide information regarding their programs and services to the Cooperative Extension Service for use in the clearinghouse. The types of programs and services shall include, but not be limited to, financial counseling, farm and small business management, employment services, labor market information, job retraining, vocational and technical training, food stamp programs, personal counseling, health services, and free or low cost legal services. The clearinghouse shall provide a single contact point to provide program information and referral services to individuals interested or needing services from state-funded assistance programs affecting agriculture, horticulture, aquaculture and other agribusinesses or related industries. Such assistance information shall identify all monies available under the Small Business Financing Act, the Business Investment Act, the Emerging Crops Fund legislation and any other sources which may be used singularly or combined, to provide a comprehensive financing package. The provisions of this section in establishing a single contact point for information and referral services shall not be construed to authorize the hiring of additional personnel.
  2. The Cooperative Extension Service may accept monetary or in-kind contributions, gifts and grants for the establishment or operation of the clearinghouse.
  3. The Cooperative Extension Service shall establish a method for the dissemination of information to those who can be benefited by the existing programs and services of the state.
  4. The Cooperative Extension Service shall file an annual report with the Governor, Lieutenant Governor and Speaker of the House of Representatives regarding the efforts which have been made in the clearinghouse operation. The report shall also recommend any additional measures, including legislation, which may be needed or desired in providing programs and benefits to those affected by the agricultural emergency.

HISTORY: Laws, 1987, ch. 482, § 3; Laws, 1988, ch. 503; Laws, 2004, ch. 572, § 56; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 56; reenacted and amended, Laws, 2010, ch. 559, § 56; reenacted without change, Laws, 2011, ch. 471, § 57; Laws, 2014, ch. 397, § 62, eff from and after July 1, 2014; reenacted without change, Laws, 2019, ch. 451, § 56, eff from and after passage (approved April 3, 2019).

Editor’s Notes —

Laws of 2004, ch. 572, § 60, as amended by Laws of 2008, 1st Ex Sess, ch. 30, § 58, as amended by Laws of 2010, ch. 559, § 58, and as amended by Laws of 2011, ch. 471, § 59, and as amended by Laws of 2012, ch. 515, § 58, provides:

“SECTION 60. This act shall stand repealed on July 1, 2019.”

Laws of 2004, ch. 572, § 60, as amended by Laws of 2008, 1st Ex Sess, ch. 30, § 58, as amended by Laws of 2010, ch. 559, § 58, as amended by Laws of 2011, ch. 471, § 59, as amended by Laws of 2012, ch. 515, § 58, and as amended by Laws of 2019, ch. 451, § 58, provides:

“SECTION 60. This act shall stand repealed on July 1, 2023.”

Amendment Notes —

The 2004 amendment rewrote the third sentence in (1).

The 2008 amendment (ch. 30, 1st Ex Sess) reenacted the section without change.

The 2010 amendment reenacted and amended the section by substituting “the Emerging Crops Fund legislation” for “the Emerging Crop Fund legislation” in the next-to-last sentence in (1).

The 2011 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in the third sentence of (1).

The 2019 amendment, effective April 3, 2019, reenacted the section without change.

Cross References —

Cooperative Extension Service, see §19-5-63.

Mississippi Community College Board generally, see §§37-4-1 et seq.

Board of Vocational and Technical Education, see §37-31-207.

Mississippi Authority for Educational Television, see §37-63-13.

Board of Trustees of State Institutions of Higher Learning, see §37-101-15.

State Board of Health, see §41-3-15.

Department of Mental Health, see §41-4-5.

Small Business Financing Act, see §§57-10-201 through57-10-261.

Business Investment Act, see §§57-61-1 through57-61-44.

Department of Agriculture and Commerce, see §69-1-1.

Emerging Crop Fund legislation, see §69-2-7 et seq.

Employment Security Commission, see §71-5-115.

Federal Aspects—

Federal farm credit system, see 12 USCS § 2001 et seq.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 24.

CJS.

3 C.J.S., Agriculture §§ 72, 73.

§ 69-2-7. Encouragement of new crops and more profitable enterprises.

  1. The Legislature states that the purpose of Sections 69-2-7 through 69-2-17 of this chapter is to encourage the production of crops (plant or animal) on Mississippi farms which have not been previously produced commercially.
  2. It is the intent of the Legislature to encourage the farm sector of this state to shift from enterprises with low profit margins to those with higher profit margins.

HISTORY: Laws, 1987, ch. 482, § 4, eff from and after passage (approved April 15, 1987).

§ 69-2-9. Definitions.

For the purposes of Sections 69-2-7 through 69-2-41, the following words shall have the meanings ascribed in this section unless the context otherwise requires:

“Department” means the Mississippi Department of Economic and Community Development.

“Emerging crop” means any new, nontraditional plant or animal crop (as designated by a board consisting of the executive directors of the department, the Mississippi Cooperative Extension Service and the Mississippi Agricultural and Forestry Experiment Station) or as specified in Section 69-2-11 which has a development time from beginning of production to harvest or initial sale of the product of not more than five (5) years.

“Farmer” means a resident of Mississippi who engages in or wishes to engage in the commercial production of an emerging crop on land in Mississippi. This term shall include individuals, partnerships and corporations.

“Fund” means the Emerging Crops Fund established in Section 69-2-13.

“Interest loan” means a loan made from the fund to pay the interest on a loan made by a lender to a farmer to finance the nonland capital costs of establishing production of an emerging crop.

“Lender” means a commercial bank, savings bank, savings and loan association, federal land bank, farm credit bank, production credit association or other farm credit agency which is domiciled or qualified to do business in Mississippi, or the Farmers Home Administration.

“Agribusiness” means any agricultural, aquacultural, horticultural, industrial, manufacturing, research and development or processing enterprise or enterprises.

HISTORY: Laws, 1987, ch. 482, § 5; Laws, 1988, ch. 356, § 1; Laws, 1988, ch. 580, § 18; Laws, 1990, ch. 570, § 17; Laws, 1996, ch. 415, § 1, eff from and after passage (approved March 25, 1996).

Cross References —

Mississippi Department of Economic and Community Development, see §57-1-1 et seq.

Federal Aspects—

Farmers Home Administration, see 7 USCS §§ 1981 et seq.

§ 69-2-11. Emerging crop designations.

Emerging crop designations shall include, but not be limited to:

Blueberries;

Muscadines;

Christmas trees;

Aquaculture, including any species from the Gulf of Mexico and its tributaries;

Horticulture;

Rabbit farming and processing; and

Others designated by the Board of Economic Development or Legislature.

HISTORY: Laws, 1987, ch. 482, § 6; Laws, 1996, ch. 415, § 2; Laws, 1998, ch. 536, § 8, eff from and after passage (approved April 9, 1998).

Editor’s Notes —

Section 57-1-2 provides that wherever the term “Board of Economic Development” appears in the laws of the State of Mississippi, it shall mean the Department of Economic and Community Development.

Section 57-1-54 provides that the Mississippi Development Authority shall be the Department of Economic and Community Development, and that whenever the term “Mississippi Department of Economic and Community Development,” “Mississippi Department of Economic Development,” or any variation thereof, appears in any law the same shall mean the Mississippi Development Authority.

Cross References —

Definition of “emerging crop,” see §69-2-9.

§ 69-2-13. Emerging Crops Fund; loans for agribusinesses and small business concerns; loans for planning and development districts; program to assist minority business enterprises; loans for regional crafts projects; financing agribusiness programs; funds for rehabilitation, maintenance and advertising of Mississippi Farmers Central Market; program of loan guaranties on behalf of qualified nonprofit entities designated as community development financial institutions to encourage financing for loans in low-income communities; grants to certain agribusiness enterprises processing, drying, storing or shipping peanuts; program of loan guaranties on behalf of certain sweet potato growing and farming agribusinesses.

  1. There is hereby established in the State Treasury a fund to be known as the “Emerging Crops Fund,” which shall be used to pay the interest on loans made to farmers for nonland capital costs of establishing production of emerging crops on land in Mississippi, and to make loans and grants which are authorized under this section to be made from the fund. The fund shall be administered by the Mississippi Development Authority. A board comprised of the directors of the authority, the Mississippi Cooperative Extension Service, the Mississippi Small Farm Development Center and the Mississippi Agricultural and Forestry Experiment Station, or their designees, shall develop definitions, guidelines and procedures for the implementation of this chapter. Funds for the Emerging Crops Fund shall be provided from the issuance of bonds or notes under Sections 69-2-19 through 69-2-37 and from repayment of interest loans made from the fund.
    1. The Mississippi Development Authority shall develop a program which gives fair consideration to making loans for the processing and manufacturing of goods and services by agribusiness, greenhouse production horticulture, and small business concerns. It is the policy of the State of Mississippi that the Mississippi Development Authority shall give due recognition to and shall aid, counsel, assist and protect, insofar as is possible, the interests of agribusiness, greenhouse production horticulture, and small business concerns. To ensure that the purposes of this subsection are carried out, the Mississippi Development Authority shall loan not more than One Million Dollars ($1,000,000.00) to finance any single agribusiness, greenhouse production horticulture, or small business concern. Loans made pursuant to this subsection shall be made in accordance with the criteria established in Section 57-71-11.
    2. The Mississippi Development Authority may, out of the total amount of bonds authorized to be issued under this chapter, make available funds to any planning and development district in accordance with the criteria established in Section 57-71-11. Planning and development districts which receive monies pursuant to this provision shall use such monies to make loans to private companies for purposes consistent with this subsection.
    3. The Mississippi Development Authority is hereby authorized to engage legal services, financial advisors, appraisers and consultants if needed to review and close loans made hereunder and to establish and assess reasonable fees including, but not limited to, liquidation expenses.
    4. The State Auditor may conduct performance and compliance audits under this chapter according to Section 7-7-211(o) and may bill the oversight agency.
    1. The Mississippi Development Authority shall, in addition to the other programs described in this section, provide for the following programs of loans to be made to agribusiness or greenhouse production horticulture enterprises for the purpose of encouraging thereby the extension of conventional financing and the issuance of letters of credit to such agribusiness or greenhouse production horticulture enterprises by private institutions. Monies to make such loans by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund.
    2. The Mississippi Development Authority may make loans to agribusiness or greenhouse production horticulture enterprises. The amount of any loan to any single enterprise under this paragraph (b) shall not exceed twenty percent (20%) of the total cost of the project for which financing is sought or Two Hundred Thousand Dollars ($200,000.00), whichever is less. No interest shall be charged on such loans, and only the amount actually loaned shall be required to be repaid. Repayments shall be deposited into the Emerging Crops Fund.
    3. The Mississippi Development Authority also may make loans under this subsection (3) to existing agribusiness or greenhouse production horticulture enterprises for the purpose of assisting such enterprises to make upgrades, renovations, repairs and other improvements to their equipment, facilities and operations, which shall not exceed Two Hundred Thousand Dollars ($200,000.00) or thirty percent (30%) of the total cost of the project for which financing is sought, whichever is less. No interest shall be charged on loans made under this paragraph, and only the amount actually loaned shall be required to be repaid. Repayments shall be deposited into the Emerging Crops Fund.
    4. The maximum aggregate amount of loans that may be made under this subsection (3) to any one (1) agribusiness shall be not more than Four Hundred Thousand Dollars ($400,000.00).
    1. Through June 30, 2010, the Mississippi Development Authority may loan or grant to qualified planning and development districts, and to small business investment corporations, bank-based community development corporations, the Recruitment and Training Program, Inc., the City of Jackson Business Development Loan Fund, the Lorman Southwest Mississippi Development Corporation, the West Jackson Community Development Corporation, the East Mississippi Development Corporation, and other entities meeting the criteria established by the Mississippi Development Authority (all referred to hereinafter as “qualified entities”), funds for the purpose of establishing loan revolving funds to assist in providing financing for minority economic development. The monies loaned or granted by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund and shall not exceed Twenty-nine Million Dollars ($29,000,000.00) in the aggregate. Planning and development districts or qualified entities which receive monies pursuant to this provision shall use such monies to make loans to minority business enterprises consistent with criteria established by the Mississippi Development Authority. Such criteria shall include, at a minimum, the following:
      1. The business enterprise must be a private, for-profit enterprise.
      2. If the business enterprise is a proprietorship, the borrower must be a resident citizen of the State of Mississippi; if the business enterprise is a corporation or partnership, at least fifty percent (50%) of the owners must be resident citizens of the State of Mississippi.
      3. The borrower must have at least five percent (5%) equity interest in the business enterprise.
      4. The borrower must demonstrate ability to repay the loan.
      5. The borrower must not be in default of any previous loan from the state or federal government.
      6. Loan proceeds may be used for financing all project costs associated with development or expansion of a new small business, including fixed assets, working capital, start-up costs, rental payments, interest expense during construction and professional fees related to the project.
      7. Loan proceeds shall not be used to pay off existing debt for loan consolidation purposes; to finance the acquisition, construction, improvement or operation of real property which is to be held primarily for sale or investment; to provide for, or free funds, for speculation in any kind of property; or as a loan to owners, partners or stockholders of the applicant which do not change ownership interest by the applicant. However, this does not apply to ordinary compensation for services rendered in the course of business.
      8. The maximum amount that may be loaned to any one (1) borrower shall be Two Hundred Fifty Thousand Dollars ($250,000.00).
      9. The Mississippi Development Authority shall review each loan before it is made, and no loan shall be made to any borrower until the loan has been reviewed and approved by the Mississippi Development Authority.
    2. For the purpose of this subsection, the term “minority business enterprise” means a socially and economically disadvantaged small business concern, organized for profit, performing a commercially useful function which is owned and controlled by one or more minorities or minority business enterprises certified by the Mississippi Development Authority, at least fifty percent (50%) of whom are resident citizens of the State of Mississippi. Except as otherwise provided, for purposes of this subsection, the term “socially and economically disadvantaged small business concern” shall have the meaning ascribed to such term under the Small Business Act (15 USCS, Section 637(a)), or women, and the term “owned and controlled” means a business in which one or more minorities or minority business enterprises certified by the Mississippi Development Authority own sixty percent (60%) or, in the case of a corporation, sixty percent (60%) of the voting stock, and control sixty percent (60%) of the management and daily business operations of the business. However, an individual whose personal net worth exceeds Five Hundred Thousand Dollars ($500,000.00) shall not be considered to be an economically disadvantaged individual.

      From and after July 1, 2010, monies not loaned or granted by the Mississippi Development Authority to planning and development districts or qualified entities under this subsection, and monies not loaned by planning and development districts or qualified entities, shall be deposited to the credit of the sinking fund created and maintained in the State Treasury for the retirement of bonds issued under Section 69-2-19.

    3. Notwithstanding any other provision of this subsection to the contrary, if federal funds are not available for commitments made by a planning and development district to provide assistance under any federal loan program administered by the planning and development district in coordination with the Appalachian Regional Commission or Economic Development Administration, or both, a planning and development district may use funds in its loan revolving fund, which have not been committed otherwise to provide assistance, for the purpose of providing temporary funding for such commitments. If a planning and development district uses uncommitted funds in its loan revolving fund to provide such temporary funding, the district shall use funds repaid to the district under the temporarily funded federal loan program to replenish the funds used to provide the temporary funding. Funds used by a planning and development district to provide temporary funding under this paragraph (c) must be repaid to the district’s loan revolving fund no later than twelve (12) months after the date the district provides the temporary funding. A planning and development district may not use uncommitted funds in its loan revolving fund to provide temporary funding under this paragraph (c) on more than two (2) occasions during a calendar year. A planning and development district may provide temporary funding for multiple commitments on each such occasion. The maximum aggregate amount of uncommitted funds in a loan revolving fund that may be used for such purposes during a calendar year shall not exceed seventy percent (70%) of the uncommitted funds in the loan revolving fund on the date the district first provides temporary funding during the calendar year.
    4. If the Mississippi Development Authority determines that a planning and development district or qualified entity has provided loans to minority businesses in a manner inconsistent with the provisions of this subsection, then the amount of such loans so provided shall be withheld by the Mississippi Development Authority from any additional grant funds to which the planning and development district or qualified entity becomes entitled under this subsection. If the Mississippi Development Authority determines, after notifying such planning and development district or qualified entity twice in writing and providing such planning and development district or qualified entity a reasonable opportunity to comply, that a planning and development district or qualified entity has consistently failed to comply with this subsection, the Mississippi Development Authority may declare such planning and development district or qualified entity in default under this subsection and, upon receipt of notice thereof from the Mississippi Development Authority, such planning and development district or qualified entity shall immediately cease providing loans under this subsection, shall refund to the Mississippi Development Authority for distribution to other planning and development districts or qualified entities all funds held in its revolving loan fund and, if required by the Mississippi Development Authority, shall convey to the Mississippi Development Authority all administrative and management control of loans provided by it under this subsection.
    5. If the Mississippi Development Authority determines, after notifying a planning and development district or qualified entity twice in writing and providing copies of such notification to each member of the Legislature in whose district or in a part of whose district such planning and development district or qualified entity is located and providing such planning and development district or qualified entity a reasonable opportunity to take corrective action, that a planning and development district or qualified entity administering a revolving loan fund under the provisions of this subsection is not actively engaged in lending as defined by the rules and regulations of the Mississippi Development Authority, the Mississippi Development Authority may declare such planning and development district or qualified entity in default under this subsection and, upon receipt of notice thereof from the Mississippi Development Authority, such planning and development district or qualified entity shall immediately cease providing loans under this subsection, shall refund to the Mississippi Development Authority for distribution to other planning and development districts or qualified entities all funds held in its revolving loan fund and, if required by the Mississippi Development Authority, shall convey to the Mississippi Development Authority all administrative and management control of loans provided by it under this subsection.
  2. The Mississippi Development Authority shall develop a program which will assist minority business enterprises by guaranteeing bid, performance and payment bonds which such minority businesses are required to obtain in order to contract with federal agencies, state agencies or political subdivisions of the state. The Mississippi Development Authority may secure letters of credit, as determined necessary by the authority, to guarantee bid, performance and payment bonds pursuant to this subsection. Monies for such program shall be drawn from the monies allocated under subsection (4) of this section to assist the financing of minority economic development and shall not exceed Three Million Dollars ($3,000,000.00) in the aggregate. The Mississippi Development Authority may promulgate rules and regulations for the operation of the program established pursuant to this subsection. For the purpose of this subsection (5), the term “minority business enterprise” has the meaning assigned such term in subsection (4) of this section.
  3. The Mississippi Development Authority may loan or grant to public entities and to nonprofit corporations funds to defray the expense of financing (or to match any funds available from other public or private sources for the expense of financing) projects in this state which are devoted to the study, teaching and/or promotion of regional crafts and which are deemed by the authority to be significant tourist attractions. The monies loaned or granted shall be drawn from the Emerging Crops Fund and shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) in the aggregate.
  4. Through June 30, 2006, the Mississippi Development Authority shall make available to the Mississippi Department of Agriculture and Commerce funds for the purpose of establishing loan revolving funds and other methods of financing for agribusiness programs administered under the Mississippi Agribusiness Council Act of 1993. The monies made available by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund and shall not exceed One Million Two Hundred Thousand Dollars ($1,200,000.00) in the aggregate. The Mississippi Department of Agriculture and Commerce shall establish control and auditing procedures for use of these funds. These funds will be used primarily for quick payment to farmers for vegetable and fruit crops processed and sold through vegetable processing plants associated with the Department of Agriculture and Commerce and the Mississippi State Extension Service.
  5. From and after July 1, 1996, the Mississippi Development Authority shall make available to the Mississippi Small Farm Development Center One Million Dollars ($1,000,000.00) to be used by the center to assist small entrepreneurs as provided in Section 37-101-25, Mississippi Code of 1972. The monies made available by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund.
  6. [Repealed]
  7. The Mississippi Development Authority shall make available to the Small Farm Development Center at Alcorn State University funds in an aggregate amount not to exceed Three Hundred Thousand Dollars ($300,000.00), to be drawn from the cash balance of the Emerging Crops Fund. The Small Farm Development Center at Alcorn State University shall use such funds to make loans to producers of sweet potatoes and cooperatives anywhere in the State of Mississippi owned by sweet potato producers to assist in the planting of sweet potatoes and the purchase of sweet potato production and harvesting equipment. A report of the loans made under this subsection shall be furnished by January 15 of each year to the Chairman of the Senate Agriculture Committee and the Chairman of the House Agriculture Committee.
  8. The Mississippi Development Authority shall make available to the Mississippi Department of Agriculture and Commerce “Make Mine Mississippi” program an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) to be drawn from the cash balance of the Emerging Crops Fund.
  9. The Mississippi Development Authority shall make available to the Mississippi Department of Agriculture and Commerce an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) to be drawn from the cash balance of the Emerging Crops Fund to be used for the rehabilitation and maintenance of the Mississippi Farmers Central Market in Jackson, Mississippi.
  10. The Mississippi Development Authority shall make available to the Mississippi Department of Agriculture and Commerce an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) to be drawn from the cash balance of the Emerging Crops Fund to be used for advertising purposes related to the Mississippi Farmers Central Market in Jackson, Mississippi.
    1. The Mississippi Development Authority shall, in addition to the other programs described in this section, provide for a program of loan guaranties to be made on behalf of any nonprofit entity qualified under Section 501(c)(3) of the Internal Revenue Code and certified by the United States Department of the Treasury as a community development financial institution for the purpose of encouraging the extension of financing to such an entity which financing the entity will use to make funds available to other entities for the purpose of making loans available in low-income communities in Mississippi. Monies to make such loan guaranties by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund and shall not exceed Two Million Dollars ($2,000,000.00) in the aggregate. The amount of a loan guaranty on behalf of such an entity under this subsection (14) shall not exceed Two Million Dollars ($2,000,000.00). Assistance received by an entity under this subsection (14) shall not disqualify the entity from obtaining any other assistance under this chapter.
    2. An entity desiring assistance under this subsection (14) must submit an application to the Mississippi Development Authority. The application must include any information required by the Mississippi Development Authority.
    3. The Mississippi Development Authority shall have all powers necessary to implement and administer the program established under this subsection (14), and the Mississippi Development Authority shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this subsection (14).
    1. The Mississippi Development Authority shall, in addition to the other programs described in this section, provide for a program of grants to agribusiness enterprises that process, dry, store or ship peanuts and if the enterprise has invested prior to April 17, 2009, a minimum of Six Million Dollars ($6,000,000.00) in land, facilities and equipment in this state that are utilized to process, dry, store or ship peanuts. Monies to make such grants by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund and shall not exceed One Million Dollars ($1,000,000.00) in the aggregate. The amount of a grant under this subsection (15) shall not exceed One Million Dollars ($1,000,000.00).
    2. An entity desiring assistance under this subsection (15) must submit an application to the Mississippi Development Authority. The application must include a description of the project for which assistance is requested, the cost of the project for which assistance is requested, the amount of assistance requested and any other information required by the Mississippi Development Authority.
    3. As a condition of the receipt of a grant under this subsection (15), an entity must agree to remain in business in this state for not less than five (5) years and must meet other conditions established by the Mississippi Development Authority to ensure that the assistance results in an economic benefit to the state. The Mississippi Development Authority shall require that binding commitments be entered into requiring that:
      1. The minimum requirements provided for in this subsection (15) and the conditions established by the Mississippi Development Authority are met; and
      2. If such commitments and conditions are not met, all or a portion of the funds provided pursuant to this subsection (15) shall be repaid.
    4. The Mississippi Development Authority shall have all powers necessary to implement and administer the program established under this subsection (15), and the Mississippi Development Authority shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this subsection (15).
    1. The Mississippi Development Authority, in addition to the other programs described in this section, shall provide for a program of loan guaranties to be made on behalf of certain agribusinesses engaged in sweet potato growing and farming for the purpose of encouraging thereby the extension of conventional financing and the issuance of letters of credit to such agribusinesses by lenders. The amount of a loan guaranty made on behalf of such an agribusiness shall be ninety percent (90%) of the amount of assistance made available by a lender for the purposes authorized under this subsection (16). Monies to make such loan guaranties by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund and shall not exceed Seventeen Million Dollars ($17,000,000.00) in the aggregate.
    2. In order to be eligible for assistance under this subsection (16) an agribusiness must:
      1. Have been actively engaged in sweet potato growing and farming in this state before January 1, 2010;
      2. Have incurred a disaster-related loss for sweet potato growing and farming purposes for calendar year 2009, as determined by a lender;
      3. Agree to obtain and maintain federal Noninsured Agricultural Program (NAP) insurance coverage for the outstanding balance of any assistance received under this subsection (16); and
      4. Satisfy underwriting criteria established by a lender related to loans under this subsection (16).
    3. 1. Information verifying the length of time the applicant has been actively engaged in sweet potato growing and farming in this state;

      2. Information regarding the number of acres used by the applicant for sweet potato growing and farming purposes during the 2009 calendar year, as certified to by the Farm Services Authority (FSA) or the Mississippi Department of Agriculture and Commerce (MDAC), and the number of acres the applicant intends to use for such purposes during the 2010 calendar year;

      3. The average cost per acre incurred by the applicant for sweet potato growing and farming purposes during the 2009 calendar year, as certified to by the FSA or MDAC, and an estimate of the average cost per acre to be incurred by the applicant for such purposes during the calendar year for which application is made;

      4. The amount of assistance requested;

      5. A statement from the applicant agreeing that he will obtain and maintain NAP insurance coverage for the outstanding balance of any assistance received under this subsection (16); and

      6. Any other information required by the lender and/or the MDA.

      1. An entity desiring assistance under this subsection must submit an application for assistance to a lender not later than August 1, 2010. The application must include:
      2. The lender shall review the application for assistance and determine whether the applicant qualifies for assistance under this subsection (16). If the lender determines that the applicant qualifies for assistance, the lender shall loan funds to the applicant subject to the provisions of this subsection (16).
    4. Loans made under this subsection (16) shall be subject to the following conditions:
      1. The maximum amount of a loan to a borrower shall not exceed One Thousand Seven Hundred Dollars ($1,700.00) per acre and shall exclude any machinery and equipment costs.
      2. The proceeds of a loan may be used only for paying a borrower’s sweet potato planting, production and harvesting costs, excluding machinery and equipment costs.
      3. The proceeds of a loan may not be used to repay, satisfy or finance existing debt.
      4. The time allowed for repayment of a loan shall not be more than five (5) years, and there shall be no penalty, fee or other charge imposed for the prepayment of a loan.
    5. The receipt of assistance by a person or other entity under any other program described in this section shall not disqualify the person or entity from obtaining a loan under the program established in this subsection (16) if the person or entity is otherwise eligible under this program. In addition, the receipt of a loan by a person or other entity under the program established under this subsection (16) shall not disqualify the person or entity from obtaining assistance under any other program described in this section.
    6. The Mississippi Development Authority shall have all powers necessary to implement and administer the program established under this subsection (16), and the Mississippi Development Authority shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this subsection (16).

HISTORY: Laws, 1987, ch. 482, § 7; Laws, 1988, ch. 580, § 19; Laws, 1989, ch. 524, § 29; Laws, 1990, ch. 570, § 18; Laws, 1991, ch. 584, § 6,; Laws, 1992, ch. 548, § 11; Laws, 1993, ch. 548, § 8; Laws, 1993, ch. 619, § 9; Laws, 1994, ch. 560, § 4; Laws, 1995, ch. 548, § 10; Laws, 1996, ch. 553, § 5; Laws, 1997, ch. 582, § 1; Laws, 1998, ch. 536, § 9; Laws, 2000, ch. 584, § 4; Laws, 2000, ch. 620, § 1; Laws, 2001, ch. 540, § 1; Laws, 2002, ch. 536, § 1; Laws, 2003, ch. 504, § 1; Laws, 2004, ch. 360, § 1; Laws, 2004, 3rd Ex Sess, ch. 1, § 95; Laws, 2006, ch. 564, § 1; Laws, 2007, ch. 586, § 1; Laws, 2008, ch. 506, § 6; Laws, 2009, ch. 557, § 31; Laws, 2010, ch. 429, § 1; Laws, 2010, ch. 511, § 27; Laws, 2011, ch. 420, § 1; Laws, 2012, ch. 415, § 1; Laws, 2013, ch. 386, § 1; Laws, 2014, ch. 427, § 9, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 4 of ch. 584, Laws, 2000, effective from and after its passage (approved May 20, 2000), amended this section. Section 1 of ch. 620, Laws, 2000, effective July 1, 2000, also amended this section. As set out above, this section reflects the language of Section 1 of ch. 620, Laws, 2000, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Section 1 of ch. 309, Laws, 2003, effective from and after passage (approved March 7, 2003), amended this section. Section 1 of ch. 504, Laws, 2003, effective from and after passage (approved April 15, 2003), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 504, Laws 2003, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the later approval date shall supersede all other amendments to the same section approved on an earlier date.

Section 27 of ch. 511, Laws of 2010, effective upon passage (approved April 13, 2010), amended this section. Section 1 of ch. 429, Laws of 2010, effective upon passage (approved March 24, 2010), also amended this section. As set out above, this section reflects the language of Section 27 of ch. 511, Laws of 2010, which contains language that specifically provides that it supersedes §69-2-13 as amended by Laws of 2010, ch. 429.

Editor’s Notes —

Laws, 1989, ch. 524, § 36, provides as follows:

“SECTION 36. The repeal or amendment of this act shall not reduce the terms of any tax reduction, special tax incentive or financial assistance agreed upon pursuant to official action by the Department of Economic Development, the State Tax Commission or other appropriate agency of the state or political subdivision thereof prior to the effective date of such repeal or amendment.”

Laws, 1990, ch. 570, § 20, effective July 1, 1990, provides as follows:

“SECTION 20. (1) Any attorney’s fees paid as the result of the issuance of bonds under this act shall be in compliance with the limits on attorney’s fees for bond issues as adopted by the State Bond Commission. Attorney’s fees paid as the result of the issuance of bonds under this act shall be subject to negotiation but in no event shall exceed the limits established by the State Bond Commission. A detailed accounting of all expenses incurred by all persons, firms, corporations, associations or other organizations involved in such bond issues shall be submitted to the State Bond Commission within ninety (90) days after the issuance of such bonds and shall be a matter of public record.

“(2) No member of the Legislature, elected official or appointed official, or any partner or associate of any member of the Legislature, elected official or appointed official, shall derive any income from the issuance of any bonds or the disposition of any property under this act contrary to the provisions of Section 109, Mississippi Constitution of 1890, or Article 3, Chapter 4, Title 25, Mississippi Code of 1972.

“(3) In connection with the issuance and sale of bonds authorized under this act, the State Bond Commission shall select a bond attorney or attorneys who are listed in the ”Directory of Municipal Bond Dealers of the United States“ and who are members in good standing of the Mississippi State Bar Association and licensed to practice law in the State of Mississippi; however, upon a finding by the commission spread on its official minutes that the public interest will best be served thereby, the commission may select any bond attorney or attorneys listed in the ’Directory of Municipal Bond Dealers of the United States.’ ”

Section 637(a) of 15 USCS referred to in this section was repealed by Act May 2, 1966, P. L. 89-409, § 3(b), 80 Stat. 133, effective July 1, 1966. For similar provisions, see 15 USCS § 636(e).

Laws, 2004, 3rd Ex Sess, ch. 1, § 228 provides:

“SECTION 228. Except as otherwise provided in this act, any entity using funds authorized and made available under Chapter 1, 2004 Third Extraordinary Session, is authorized, in its discretion, to set aside not more than twenty percent (20%) of such funds for expenditure with small business concerns owned and controlled by socially and economically disadvantaged individuals. The term “socially and economically disadvantaged individuals” shall have the meaning ascribed to such term under Section 8(d) of the Small Business Act (15 USCS, Section 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for the purposes of this section.”

Subsection (9) was repealed by its own terms, effective June 30, 2006.

Amendment Notes —

The first 2003 (ch. 309) amendment substituted “Make Mine Mississippi” for “Make Mississippi Mine” in (11); and added (12) and (13).

The second 2003 amendment (ch. 504) substituted “Thirty-five Million Dollars ($35,000,000.00)” for “Twenty-one Million Dollars ($21,000,000.00)” twice in (3)(b); substituted “Twenty-five Million Dollars ($25,000,000.00)” for “Twenty-three Million Dollars ($23,000,000.00)” in (4)(a); and substituted “June 30, 2006” for “June 30, 1998” in (7).

The 2004 amendment substituted “June 30, 2006” for “June 30, 2004” at the beginning of (4)(a); substituted “July 1, 2006” for “July 1, 2004” at the beginning of the second paragraph of (4)(b); and extended the date of the repealer for (9) from “June 30, 2004” to “June 30, 2006.”

The second 2004 amendment (3rd Ex Sess, ch. 1) substituted “Twenty-six Million Dollars ($26,000,000.00)” for “Twenty-five Million Dollars ($25,000,000.00)” in (4)(a); and added (14).

The 2006 amendment in (4)(b), inserted “Except as otherwise provided for” preceding “Purposes” in the second sentence and added the last sentence; and substituted “2010” for “2006” following “July 1” in the second paragraph.

The 2007 amendment added the last two sentences of (3)(a); substituted “Twenty-seven Million Dollars ($27,000,000.00)” for “Twenty-six Million Dollars ($26,000,000.00)” in (4)(a); and added the second sentence of (5).

The 2008 amendment deleted former (3)(b), which authorized the MDA to provide a program of loans to be made to or on behalf of agribusinesses engaged in beef processing; and substituted “Twenty-eight Million Dollars ($28,000,000.00)” for “Twenty-seven Million Dollars ($27,000,000.00)” in (4)(a).

The 2009 amendment substituted “subsection (3)” for “paragraph (a)” both times it appears in (3); substituted “Twenty-nine Million Dollars ($29,000,000.00)” for “Twenty-eight Million Dollars ($28,000,000.00)” in (4)(a); and added (15).

The first 2010 amendment (ch. 429) added (16).

The second 2010 amendment (ch. 511), in (16)(c)(i)(2), inserted “or the Mississippi Department of Agriculture and Commerce (MDAC)”; in (16)(c)(i)(3), inserted “or MDAC” and substituted “the calendar year for which application is made” for “the 2010 calendar year”; rewrote (16)(d)(i); and substituted “more than” for “less than” in (16)(d)(iv).

The 2011 amendment provided for two versions of the section. In the first version, effective through June 30, 2013, rewrote (3).

The 2012 amendment provided for two versions of the section. In the first version substituted “June 30, 2014” for “June 30, 2013” in the bracketed effective date language, and in the second version, substituted “July 1, 2014” for “July 1, 2013” in the bracketed effective date language.

The 2013 amendment deleted the automatic reverter provision, which would have become effective July 1, 2014.

The 2014 amendment added (2)(d).

Cross References —

Mississippi Cooperative Extension Service, see §19-5-63.

Mississippi Administrative Procedure Law, see §§25-43-1.101 et seq.

Mississippi Agricultural and Forestry Experiment Station, see §37-113-17.

Mississippi Department of Economic and Community Development, see §57-1-1 et seq.

Conferring of powers necessary to carry out provisions of §§69-2-13 through69-2-37, see §69-2-39.

Savings clause effective upon declaration of invalidity of any portion of §§69-2-13 through69-2-39, see §69-2-41.

Proceeds of additional bonds issued under §§69-2-19 through69-2-39 to be used solely for the purposes described in subsection (16) of this section, see §69-2-19.

OPINIONS OF THE ATTORNEY GENERAL

The issuance of a written loan commitment, without lending money and creating a debtor-creditor relationship, does not constitute a loan, and the provisions of subsection (4) of this section requiring deposit in the State Treasury of monies not loaned or granted are applicable to any funds held pursuant thereto by the Mississippi Business Finance Corporation (MBFC) as of July 1, 1999; thus, MBFC will be in violation of such sunset provisions if it holds monies for the purpose of funding the loans or grants after June 30, 1999. Pumphrey, June 4, 1999, A.G. Op. #99-0271.

Subsection (4) of this section permits Mississippi Business Finance Corporation to make a grant of funds to qualified lending entities which have made minority business enterprise loans funded with repayments from previous loans, so long as the minority business loans for which the grant is made meet the requirements of subsection (4) of this section. Pumphrey, June 4, 1999, A.G. Op. #99-0271.

A letter of credit arrangement goes beyond the authority granted to Mississippi Development Authority, express or necessarily implied, by subsection (5) of this section. Speed, Jan. 28, 2005, A.G. Op. 04-0640.

§ 69-2-15. Interest loans from Emerging Crops Fund.

  1. Any lender which has made a loan to a farmer to finance the nonland capital costs of establishing production of an emerging crop on land in Mississippi may make application to the department for payment of the interest on the loan during the period from beginning of production to harvest or initial sale of the product, which payment shall be made from the fund. The maximum amount of interest loans from the fund for the benefit of any one (1) farmer shall be Fifty Thousand Dollars ($50,000.00). During the period that the department pays the interest on a loan, the maximum rate of interest which may be charged on the loan by the lender shall be four percent (4%) per annum above the New York prime rate. By payment of the interest on a loan, neither the department nor the State of Mississippi shall be a guarantor of the loan, but the state shall have a lien junior to any lien that the lender may have on the loan.
  2. If a farmer defaults on the interest loan the Attorney General of the State of Mississippi shall take the necessary legal action, as soon as practicable, to recover the monies due and owing to the State of Mississippi. A suit against a defaulting party under this section may be brought in the county in which the lender is located, or in any Hinds County court.

HISTORY: Laws, 1987, ch. 482, § 8; Laws, 1988, ch. 356, § 2, eff from and after passage (approved April 15, 1988).

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 11, 12, 19 et seq.

CJS.

3 C.J.S., Agriculture §§ 72, 73.

§ 69-2-17. Repayment of interest loans from Emerging Crops Fund.

  1. Repayment of the interest loan from the fund shall be deferred for a period of time not more than five (5) years or the time when the emerging crop should reach maturity. The schedule for repayment of the interest loan shall be a period of time equal to two (2) times the period that interest is paid on the loan for that emerging crop from the fund. No interest shall be charged on interest loans from the fund, and only the amount actually loaned from the fund shall be required to be repaid.
  2. Repayment of interest loans from the fund shall be made to the lender, which shall remit the amounts collected to the department for deposit into the fund. However, if the repayment period for an interest loan exceeds the time for repayment of the principal loan amount to the lender, when the final principal payment is made to the lender all subsequent interest loan payments shall be made by the farmer, directly to the department to be deposited into the fund.
  3. The lender shall notify the department, as soon as possible, of any change in the principal loan status, release of collateral or any other matter that may adversely affect the security of the state’s loan.

HISTORY: Laws, 1987, ch. 482, § 9; Laws, 1988, ch. 356, § 3, eff from and after passage (approved April 15, 1988).

§ 69-2-19. Issuance of general obligation bonds for Emerging Crops Fund; limit on amount of bonds issued.

  1. The Mississippi Development Authority is authorized, at one time, or from time to time, to declare by resolution the necessity for issuance of negotiable general obligation bonds of the State of Mississippi to provide funds for the Emerging Crops Fund established in Section 69-2-13. Upon the adoption of a resolution by the board, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by Sections 69-2-19 through 69-2-39, the authority shall deliver a certified copy of its resolution or resolutions to the State Bond Commission. Upon receipt of same, the State Bond Commission, in its discretion, shall act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The amount of bonds issued under Sections 69-2-19 through 69-2-39 shall not exceed One Hundred Nine Million Dollars ($109,000,000.00) in the aggregate; however:
    1. An additional amount of bonds may be issued under Sections 69-2-19 through 69-2-39 in an amount not to exceed Two Million Dollars ($2,000,000.00), and the proceeds of any such additional bonds shall be used solely for the purposes described in Section 69-2-13(14); and
    2. An additional amount of bonds may be issued under Sections 69-2-19 through 69-2-39 in an amount not to exceed Seventeen Million Dollars ($17,000,000.00), and the proceeds of such additional bonds shall be used solely for the purposes described in Section 69-2-13(16).
  2. No bonds may be issued under Sections 69-2-19 through 69-2-39 after October 1, 2019.

HISTORY: Laws, 1987, ch. 482, § 10; Laws, 1990, ch. 570, § 19; Laws, 1991, ch. 538, § 1; Laws, 1992, ch. 507, § 1; Laws, 1993, ch. 548, § 9; Laws, 1993 Ex Sess, ch. 1, § 1; Laws, 1995, ch. 548, § 11; Laws, 1996, ch. 553, § 6; Laws, 1998, ch. 536, § 10; Laws, 2000, ch. 584, § 5; Laws, 2001, ch. 540, § 2; Laws, 2002, ch. 541, § 8; Laws, 2003, ch. 504, § 2; Laws, 2004, 3rd Ex Sess, ch. 1, § 96; Laws, 2007, ch. 586, § 2; Laws, 2008, ch. 506, § 7; Laws, 2009, ch. 557, § 32; Laws, 2010, ch. 429, § 2; Laws, 2011, ch. 431, § 6, eff from and after passage (approved Mar. 16, 2011.).

Editor’s Notes —

Laws, 1990, ch. 570, § 20, effective July 1, 1990, provides as follows:

“SECTION 20. (1) Any attorney’s fees paid as the result of the issuance of bonds under this act shall be in compliance with the limits on attorney’s fees for bond issues as adopted by the State Bond Commission. Attorney’s fees paid as the result of the issuance of bonds under this act shall be subject to negotiation but in no event shall exceed the limits established by the State Bond Commission. A detailed accounting of all expenses incurred by all persons, firms, corporations, associations or other organizations involved in such bond issues shall be submitted to the State Bond Commission within ninety (90) days after the issuance of such bonds and shall be a matter of public record.

“(2) No member of the Legislature, elected official or appointed official, or any partner or associate of any member of the Legislature, elected official or appointed official, shall derive any income from the issuance of any bonds or the disposition of any property under this act contrary to the provisions of Section 109, Mississippi Constitution of 1890, or Article 3, Chapter 4, Title 25, Mississippi Code of 1972.

“(3) In connection with the issuance and sale of bonds authorized under this act, the State Bond Commission shall select a bond attorney or attorneys who are listed in the ”Directory of Municipal Bond Dealers of the United States“ and who are members in good standing of the Mississippi State Bar Association and licensed to practice law in the State of Mississippi; however, upon a finding by the commission spread on its official minutes that the public interest will best be served thereby, the commission may select any bond attorney or attorneys listed in the ’Directory of Municipal Bond Dealers of the United States.’ ”

Laws, 2004, 3rd Ex Sess, ch. 1, § 228 provides:

“SECTION 228. Except as otherwise provided in this act, any entity using funds authorized and made available under Chapter 1, 2004 Third Extraordinary Session, is authorized, in its discretion, to set aside not more than twenty percent (20%) of such funds for expenditure with small business concerns owned and controlled by socially and economically disadvantaged individuals. The term “socially and economically disadvantaged individuals” shall have the meaning ascribed to such term under Section 8(d) of the Small Business Act (15 USCS, Section 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for the purposes of this section.”

Amendment Notes —

The 2003 amendment substituted “One Hundred Four Million Dollars ($104,000,000.00)” for “One Hundred Two Million Dollars ($102,000,000.00)” and “Thirty-five Million Dollars ($35,000,000.00)” for “Twenty-one Million Dollars ($21,000,000.00)” in the next-to-last sentence.

The 2004 amendment (3rd Ex Sess, ch. 1) redesignated the formerly undesignated provisions of the section as present (1) and (2); substituted “One Hundred Five Million Dollars ($105,000,000.00)” for “One Hundred Four Million Dollars ($104,000,000.00)” at the end of (1); and added (1)(b).

The 2007 amendment substituted “One Hundred Six Million Dollars ($106,000,000.00)” for “One Hundred Five Million Dollars ($105,000,000.00)” in the introductory paragraph of (1).

The 2008 amendment, in (1), substituted “One Hundred Seven Million Dollars ($107,000,000.00)” for “One Hundred Six Million Dollars ($106,000,000.00),” and deleted former (a), which authorized the issuance of bonds to fund loans made to or on behalf of agribusinesses engaged in beef processing.

The 2009 amendment provided for two versions of the section; in the version effective until June 30, 2011, inserted “determine the appropriate method for sale of the bonds” and “or negotiate the sale of the bonds” in the third sentence of (1); and in both versions, substituted “One Hundred Nine Million Dollars ($109,000,000.00)” for “One Hundred Seven Million Dollars ($107,000,000.00)” in the last sentence of (1).

The 2010 amendment added the (1)(a) designation and (1)(b).

The 2011 amendment substituted “Until June 30, 2014,” for “Until June 30, 2011,” in the bracketed language of the first version; and substituted “From and after July 1, 2014” for “From and after July 1, 2011,” in the bracketed language of the second version.

Cross References —

State Bond Commission, see §§31-17-1,31-17-3.

Department of Economic and Community Development, see §57-1-1 et seq.

Use of bonds issued under sections69-2-19 through69-2-37 of this chapter to provide funds for Emerging Crops Fund, see §69-2-13.

Interest and interest rates on general obligation bonds issued under sections69-2-19 through69-2-39 of this chapter, see §69-2-25.

Authorization and procedures for borrowing funds for the Emerging Crops Fund in lieu of issuing bonds, see §69-2-30.

Attorney General’s representation of department with respect to bonds issued under §§69-2-19 through69-2-39, see §69-2-33.

Provision that bonds issued under this chapter shall be legal investments for banks and other entities, see §69-2-35.

Authority for issuance of bonds under §§69-2-19 through69-2-39, as well as exemption from limitations generally imposed on state obligations, see §69-2-39.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 33.

CJS.

3 C.J.S., Agriculture §§ 24, 25.

§ 69-2-21. Full faith, credit, and taxing power of state pledged to payment of bonds.

For the payment of such bonds and the interest thereon, the full faith, credit, and taxing power of the State of Mississippi are hereby irrevocably pledged. If the Legislature finds that there are sufficient funds available in the General Fund of the State Treasury to pay maturing principal and accruing interest of the bonds, and if the Legislature appropriates such available funds for the purpose of paying such maturing principal and accruing interest, then the maturing principal and accruing interest of the bonds shall be paid from appropriations made by the Legislature from the General Fund of the State Treasury. However, if there are not sufficient funds available in the General Fund of the State Treasury to pay the maturing principal and accruing interest of the bonds, or if such funds are available but the Legislature fails to appropriate a sufficient amount thereof to pay such maturing principal and accruing interest as the same becomes due, then there shall be levied annually upon all taxable property in the State of Mississippi an ad valorem tax at the rate sufficient to provide the funds required to pay the bonds at maturity and the interest on the bonds as it accrues.

HISTORY: Laws, 1987, ch. 482, § 11, eff from and after passage (approved April 15, 1987).

Cross References —

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

Application of this section to the borrowing of funds to fund the Emerging Crops Fund, see §69-2-30.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 22.

§ 69-2-23. Execution, delivery, conversion, redemption, and sale of general obligation bonds.

Such bonds may be executed and delivered by the state at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in fully registered form or in bearer form registrable either as to principal or interest, or both, may bear such conversion privileges and be payable in such installments and at such time or times not exceeding twenty (20) years from the date thereof, may be payable at such place or places, whether within or without the State of Mississippi, may bear interest payable at such time or times and at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the State Bond Commission under which the bonds are authorized to be issued. Such bonds shall not bear a greater overall maximum interest rate to maturity than that authorized by law for general obligation bonds. If deemed advisable by the State Bond Commission, there may be retained in the proceedings under which any such bonds are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and briefly recited or referred to on the face of the bonds, but nothing herein contained shall be construed to confer on the state any right or option to redeem any bonds, except as may be provided in the proceedings under which they shall be issued. Any such bonds shall be sold on sealed bids at public sale, and for such price as the State Bond Commission determines to be in the best interest of the State of Mississippi, but no such sale shall be made at a price less than par value plus accrued interest to date of delivery of the bonds to the purchaser. The state may pay all expenses, premiums and commissions which the State Bond Commission may deem necessary or advantageous in connection with the issuance thereof, but solely from the proceeds of the bonds. The issuance by the state of one or more series of bonds shall not preclude it from issuing other series of bonds, but the proceedings under which any subsequent bonds may be issued shall recognize and protect any prior pledge made for any prior issuance of bonds.

HISTORY: Laws, 1987, ch. 482, § 12; Laws, 2009, ch. 557, § 33; Laws, 2011, ch. 431, § 7, eff from and after passage (approved Mar. 16, 2011.).

Amendment Notes —

The 2009 amendment provided for two versions of the section; and in the version effective until June 30, 2011, rewrote the fourth sentence.

The 2011 amendment substituted “Until June 30, 2014, this section shall read as follows:” for “Until June 30, 2011, this section shall read as follows:” in the bracketed language of the first version; and substituted “From and after July 1, 2014, this section shall read as follows:” for “From and after July 1, 2011, this section shall read as follows:” in the bracketed language of the second version.

Cross References —

State Bond Commission, see §§31-17-1,31-17-3.

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 38 et seq.

CJS.

81A C.J.S., States §§ 434 et seq.

§ 69-2-25. Interest and interest rates on bonds.

No bond issued under Sections 69-2-19 through 69-2-39 of this chapter shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified on the bonds; and all bonds of the same maturity shall bear the same rate of interest from date to maturity. All interest accruing on bonds shall be payable semiannually or annually, except the first interest coupon attached to any bond may be for any period not exceeding one (1) year. If bonds are issued in coupon form, no interest payment shall be evidenced by more than one (1) coupon, and neither cancelled nor supplemental coupons shall be permitted. If serial bonds, such bonds shall mature annually, and the first maturity date thereof shall not be more than five (5) years from the date of such bonds.

HISTORY: Laws, 1987, ch. 482, § 13; Laws, 1993, ch. 472, § 3; Laws, 2009, ch. 557, § 34; Laws, 2011, ch. 431, § 8, eff from and after passage (approved Mar. 16, 2011.).

Amendment Notes —

The 2009 amendment provided for two versions of the section; and in the version effective until June 30, 2011, deleted “except the first interest coupon attached to any bond may be for any period not exceeding one (1) year” from the end of the second sentence.

The 2011 amendment substituted “Until June 30, 2014, this section shall read as follows:” for “Until June 30, 2011, this section shall read as follows:” in the bracketed language of the first version; and substituted “From and after July 1, 2014, this section shall read as follows:” for “From and after July 1, 2011, this section shall read as follows:” in the bracketed language of the second version.

Cross References —

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 384, 395, 396.

CJS.

81A C.J.S., States § 438.

§ 69-2-27. Notice of bond sales.

Notice of the sale of any such bonds shall be published at least one time which shall be made not less than ten (10) days prior to the date of sale, and shall be so published in one or more newspapers having a general circulation in the City of Jackson selected by the State Bond Commission.

HISTORY: Laws, 1987, ch. 482, § 14; Laws, 1997, ch. 394, § 3; Laws, 2009, ch. 557, § 35; Laws, 2011, ch. 431, § 9, eff from and after passage (approved Mar. 16, 2011.).

Amendment Notes —

The 2009 amendment provided for two versions; in the version effective until June 30, 2011, added “If the bonds…at public sale” at the beginning; and in both versions, deleted “and in one or more other newspapers or financial journals with a large national circulation, to be” following “City of Jackson” near the end.

The 2011 amendment substituted “Until June 30, 2014, this section shall read as follows:” for “Until June 30, 2011, this section shall read as follows:” in the bracketed language of the first version; and substituted “From and after July 1, 2014, this section shall read as follows:” for “From and after July 1, 2011, this section shall read as follows:” in the bracketed language of the second version.

Cross References —

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations § 201.

CJS.

81A C.J.S., States § 256.

§ 69-2-29. Execution procedures for bonds and coupons.

All bonds shall be executed on behalf of the state by the manual or facsimile signature of the chairman of the State Bond Commission and shall be countersigned by the manual or facsimile signature of the secretary of the State Bond Commission. All coupons shall be executed on behalf of the state by the facsimile signatures of the chairman and secretary of the State Bond Commission. If the officers whose signatures or countersignatures appear on the bonds or interest coupons shall cease to be such officers before delivery of the bonds, such signatures or countersignatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery, or had been in office on the date such bonds may bear.

HISTORY: Laws, 1987, ch. 482, § 15, eff from and after passage (approved April 15, 1987).

Cross References —

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations § 185.

CJS.

81A C.J.S., States § 255.

§ 69-2-30. Borrowing funds for Emerging Crops Fund in lieu of issuing bonds.

  1. In lieu of the issuance of bonds pursuant to the authority granted in Section 69-2-19, Mississippi Code of 1972, the State Bond Commission is authorized and empowered, if more economically feasible, to borrow funds in an aggregate principal amount not to exceed the amount specified in Section 69-2-19, Mississippi Code of 1972. The Bond Commission, to evidence such loan, may issue and sell the negotiable coupon notes of the State of Mississippi, which notes may be issued in series, from time to time, as the proceeds thereof are needed. The notes shall be in such form and shall have such details as may be provided by the commission, except that the notes of each series shall be issued with final maturity not more than five (5) years from the date of such series. For the prompt payment of such notes at maturity, both principal and interest, the same pledges may be made as are authorized for the repayment of bonds in Section 69-2-21, Mississippi Code of 1972.
  2. The notes herein authorized shall be sold from time to time by the Bond Commission as the need for the proceeds thereof may arise, and the Bond Commission shall advertise and accept bids therefor and issue and sell such notes at a price which will result in the lowest interest rate on the best terms obtainable for the state.
  3. The Bond Commission in providing for the issuance of the notes herein authorized shall have discretion in fixing the terms and details thereof and may provide for the issuance of such notes in such form, executed in such manner, and payable at such place or places, and containing such terms, covenants and provisions as the Bond Commission may provide.

HISTORY: Laws, 1988, ch. 580, § 20, eff from and after passage (approved May 21, 1988).

Cross References —

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

§ 69-2-31. Transfer and disbursement of proceeds of sale of bonds and notes.

Upon the issuance and sale of bonds or notes, the State Bond Commission shall transfer the proceeds of any such sale or sales to the Emerging Crops Fund. The proceeds of such bonds or notes shall be disbursed solely upon the order of the department under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds or notes.

HISTORY: Laws, 1987, ch. 482, § 16; Laws, 1988, ch. 580, § 21, eff from and after passage (approved May 21, 1988).

Cross References —

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

§ 69-2-33. Duties of Attorney General with respect to bonds and notes; costs of issuing bonds and notes.

Except as otherwise authorized in Section 7-5-39, the Attorney General of the State of Mississippi shall represent the department in issuing, selling and validating bonds or notes authorized under Sections 69-2-19 through 69-2-39 of this chapter, and the department is authorized to pay from the proceeds derived from the sale of such bonds or notes, or from other funds available to the department, the reasonable cost of approving attorney’s fees, validating, printing and cost of delivery of such bonds or notes.

HISTORY: Laws, 1987, ch. 482, § 17; Laws, 1988, ch. 580, § 22; Laws, 2012, ch. 546, § 30, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment added the exception at the beginning.

Cross References —

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

§ 69-2-35. Bonds and notes as legal investments for banks and other entities.

Bonds or notes issued under Sections 69-2-19 through 69-2-39 of this chapter shall be legal investments for commercial banks, trust companies, savings and loan associations, and insurance companies organized under the laws of this state.

HISTORY: Laws, 1987, ch. 482, § 18; Laws, 1988, ch. 580, § 23, eff from and after passage (approved May 21, 1988).

Cross References —

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

RESEARCH REFERENCES

Am. Jur.

10 Am. Jur. 2d, Banks §§ 515-518, 613-617.

CJS.

9 C.J.S., Banks and Banking § 164.

§ 69-2-37. Tax treatment of bonds and notes, and income therefrom.

All bonds or notes issued under Sections 69-2-19 through 69-2-39 of this chapter and the income therefrom shall be exempt from all taxation in the State of Mississippi except gift, transfer and inheritance taxes.

HISTORY: Laws, 1987, ch. 482, § 19; Laws, 1988, ch. 580, § 24, eff from and after passage (approved May 21, 1988).

Cross References —

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

Federal Aspects—

Federal tax treatment of interest on state bonds, see 26 USCS § 103.

§ 69-2-39. Empowering clause; exemption from limitations generally imposed on state obligations.

Sections 69-2-19 through 69-2-39 of this chapter, without reference to any statute not referred to herein, shall be deemed to be full and complete authority for the issuance of such bonds or notes, and shall be construed as an additional and alternative method therefor, and none of the present restrictions, requirements, conditions or limitations of law applicable to the issuance or sale of bonds, notes or other obligations by the state shall apply to the issuance and sale of bonds or notes under Sections 69-2-19 through 69-2-39 of this chapter, and no proceedings shall be required for the issuance of such bonds or notes other than those provided for and required herein, and all powers necessary to be exercised in order to carry out the provisions of Sections 69-2-13 through 69-2-37 of this chapter are hereby conferred.

HISTORY: Laws, 1987, ch. 482, § 20; Laws, 1988, ch. 580, § 25, eff from and after passage (approved May 21, 1988).

Cross References —

Limits on attorney fees paid as the result of issuance of bonds under §§69-2-19 through69-2-39, see §69-2-40.

Government officials or their associates, not to derive income from issuance of bonds or disposition of property under §§69-2-19 through69-2-39, see §69-2-40.

§ 69-2-40. Limits on attorney fees; government officials and associates not to derive income from issuance of bonds or disposition of property.

  1. Any attorney’s fees paid as the result of the issuance of bonds under Sections 69-2-19 through 69-2-39 of this chapter shall be in compliance with the limits on attorney’s fees for bond issues as adopted by the State Bond Commission. Attorney’s fees paid as the result of the issuance of such bonds are subject to negotiation but in no event may they exceed the limits established by the State Bond Commission. A detailed accounting of all expenses incurred by all persons, firms, corporations, associations or other organizations involved in such bond issues shall be submitted to the State Bond Commission within ninety (90) days after the issuance of such bonds and shall be a matter of public record.
  2. No member of the Legislature, elected official or appointed official, or any partner or associate of any member of the Legislature, elected official or appointed official, shall derive any income from the issuance of any bonds or the disposition of any property under Sections 69-2-19 through 69-2-39 of this chapter contrary to the provisions of Section 109, Mississippi Constitution of 1890, or Article 3, Chapter 4, Title 25, Mississippi Code of 1972.

HISTORY: Laws, 1993 Ex Sess, ch. 1, § 2, eff from and after passage (approved August 9, 1993).

§ 69-2-41. Savings clause.

If for any reason any section, paragraph, provision, clause or part of Sections 69-2-13 through 69-2-39 of this chapter shall be held unconstitutional or invalid, that section shall not affect or invalidate any other section, paragraph, provision, clause or part of this chapter not in and of itself invalid, but the remaining portions thereof shall be in force without regard to that so invalidated.

HISTORY: Laws, 1987, ch. 482, § 21, eff from and after passage (approved April 15, 1987).

Voluntary Farm Debt Mediation Program

§§ 69-2-43 through 69-2-49. Repealed.

Repealed by Laws of 1990, ch. 496, § 5, eff from and after July 1, 1992.

§69-2-43 through §69-2-49. [Laws, 1987, ch. 482, §§ 22-25; reenacted, Laws, 1988, ch. 425, §§ 1-4; reenacted, Laws, 1990, ch. 496, §§ 1-4, eff from and after July 1, 1990]

Editor’s Notes —

Former §§69-2-43 to69-2-49 related to the creation and operation of the Voluntary Farm Debt Mediation Program.

§ 69-2-51. Prospective repeal of voluntary mediation provisions.

Sections 69-2-43 through 69-2-49 of this chapter, which create a Farm Mediation Office in the Department of Agriculture and Commerce and which provide for the mediation of certain agricultural debts, shall stand repealed from and after July 1, 1992.

HISTORY: Laws, 1987, ch. 482, § 26; reenacted and amended, Laws, 1988, ch. 425, § 5; amended, Laws, 1990, ch. 496, § 5, eff from and after July 1, 1990.

Chapter 3. Agricultural Seeds

Article 1. Sales.

§ 69-3-1. Definitions.

Wherever the following terms or similar terms are used in this article, they shall have the following meanings, unless the context clearly indicates otherwise:

“Advertisement” means all representations made by the labeler, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this article.

“Agricultural seeds” means the seed of grass, forage, cereal and fiber crops, lawn seed, and any other kinds of seed, including transgenic seeds, recognized within this state as agricultural or field seeds, and mixtures of such seeds.

“Bulk” or “in bulk” means seed when loose either in vehicles of transportation, bins, cribs or tanks, and not seed in bags, boxes, cartons, bulk/super bags or other containers.

“Certified seed,” “registered seed” and “foundation seed” mean seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an official certifying agency authorized by the laws of this state or the laws of another state or country.

“Commercial grower” means a person, firm or corporation engaged primarily in the production of seed for planting purposes for sale or trade.

“Commissioner” means the Commissioner of Agriculture and Commerce of the State of Mississippi.

“Commission merchant” or “agent” means a person, firm or corporation engaged in the selling of packet seed of less than four (4) ounces to consumers.

“Consumer” means any person who purchases or otherwise obtains seed for sowing but not for resale.

“Council” means the seed arbitration council created under Section 63-3-20.

“Date of test” means the month and year the percentage of germination appearing on the label was obtained by laboratory test.

“Department” means the Mississippi Department of Agriculture and Commerce.

“Federal Seed Act” means the laws codified at 7 USCS 1551 et seq., and all regulations promulgated thereunder.

“Firm ungerminated seed” means live seed, other than hard seed, which neither germinate nor decay during the period and under the conditions prescribed for germination of such seed by the rules and regulations promulgated pursuant to provisions of this article.

“Flower seed” means the seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, including transgenic seeds, and commonly known and sold under the name of flower seeds in this state.

“Hybrid” means the first generation seed of a cross produced by controlling the pollination and combining: (i) two (2) or more inbred lines; or (ii) one (1) inbred line or a single cross with an open-pollinated variety; or (iii) two (2) varieties or species, except open-pollinated varieties of corn. The second generation and subsequent generations of such crosses shall not be regarded as hybrids.

“Kind” means one or more related species or subspecies which singly or collectively is known by one (1) common name; for example: soybeans, crimson clover, striate lespedeza, tall fescue.

“Label” means the display or displays of written, printed or graphic matter upon or attached to the container of seed pertaining to the contents of the container.

“Labeler” means the person, firm, corporation or the registered code number whose name appears on the label or container of seed.

“Labeling” includes all labels and other written, printed or graphic representations made by the labeler accompanying and pertaining to the seed product whether in bulk or in containers, and any product use guides for the technology of the seed, that may be distributed in any manner including representations on invoices except for current official publications of the United States Department of Agriculture, state extension services, state experiment stations, state agricultural colleges and other similar federal or state institutions or agencies authorized by law to conduct research.

“Lot of seed” means a definite quantity of seed identified by a lot number or other identification mark, every portion or bag of which is uniform for the factors which appear on the label, within permitted tolerances.

“Mixed” or “mixture” means seeds consisting of more than one (1) kind, or kind and variety, or strain, each present in excess of five percent (5%) of the whole.

“Official certifying agency” means an agency authorized or recognized and designated as a certifying agency by the laws of a state, the United States, a province of Canada, or the government of a foreign country.

“Origin” means the state, District of Columbia, Puerto Rico, or possessions of the United States, or the foreign country where the seeds were grown.

“Processing” means cleaning, scarifying, blending or treating to obtain uniform quality and other operations which would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed.

“Product use guide” means any written information prepared by the labeler and distributed to the consumer, containing specific information concerning a seed product or a technology.

“Prohibited noxious weed seed” means the seeds of weeds that reproduce by seed, and/or spread by underground roots or stems, and which, when established, are highly destructive and difficult to control in this state by ordinary good cultural practice, or constitute a peculiar hazard to the agriculture of this state.

“Pure seed,” “germination,” “other crop seed,” “inert matter” and other seed labeling and testing terms in common usage not defined herein are defined as in the Federal Seed Act and the rules and regulations promulgated under that act.

“Recognized professional” means a person who is a licensed consultant, a certified crop advisor or any other person recognized by the arbitration council to be qualified to provide expert advise and opinion on seed performances.

“Restricted noxious weed seed” means the seeds of weeds that are particularly objectionable in fields, lawns or gardens of this state, but which can ordinarily be controlled by good cultural practice.

“Seed record” means information which relates to the origin, treatment, germination and purity of each lot of agricultural seed sold, offered or exposed for sale in this state, or which relates to the treatment, germination and variety of each lot of vegetable, flower, or tree and shrub seed sold, offered or exposed for sale in this state. Such information includes seed samples and records of declarations, labels, purchases, sales, cleaning, bulking, handling, storage, analyses, tests and examinations.

“Seedsman” means a person, firm or corporation engaged in the buying, selling or exchanging, offering or exposing for sale agricultural seeds or mixtures thereof, vegetable, flower, tree and shrub seeds as defined in this article.

“Stop sale order” means any written or printed notice or order given or issued by the commissioner or his authorized agents to the owner or custodian of any lot of agricultural, vegetable, flower, or tree and shrub seeds in this state, directing such owner or custodian not to sell, offer or expose such seeds for sale for planting purposes within this state until requirements of this article shall have been complied with and a written release has been issued.

“Strain” means the subdivision of a variety; for example: Clemson nonshattering soybeans, Strain 4.

“Treated” means that the seed has been given an application of a substance or subjected to a process designed to control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings grown therefrom to improve its planting value or to serve any other purpose.

“Tree and shrub seeds” means the seeds of woody plants, including transgenic seeds, commonly known and sold as tree and shrub seeds in this state.

“Tolerance” means the allowance for sampling variation specified under rules and regulations promulgated pursuant to the provisions of this article.

“Transgenic seed” means seed from a plant whose genetic composition has been altered by methods other than those used in conventional plant breeding to produce seed that contains selected genes from other plants or species that will produce results such as herbicide tolerance, or resistance, insect tolerance, or resistance, or other traits derived from biotechnology.

“Variety” means a subdivision of a kind which is characterized by growth, plant, fruit, seed or other characteristics by which it can be differentiated in successive generations from other sorts of the same kind; for example: Lee soybeans, Frontier crimson clover, Kobe striate lespedeza, Kentucky 31 tall fescue.

“Vegetable seeds” means the seeds of those crops which are grown in gardens or on truck farms, including transgenic seeds, and are generally known and sold under the name of vegetable seeds in this state.

“Weed seed” means the seeds, bulblets or tubers of all plants generally recognized as weeds within the state and includes noxious weed seeds.

“Wholesale distributor” means a person, firm or corporation engaged in the selling of seed to a seedsman holding a permit as required by subsection (1)(c) of Section 69-3-3.

HISTORY: Codes, 1942, § 4397-01; Laws, 1964, ch. 204, § 1; Laws, 1968, ch. 249, § 1; Laws, 1989, ch. 489, § 1; reenacted and amended, Laws, 1991, ch. 541, § 1; reenacted without change, Laws, 1996, ch. 314, § 1; Laws, 1998, ch. 473, § 1; Laws, 2000, ch. 623, § 1, eff from and after July 1, 2000.

Editor’s Notes —

Laws, 1991, ch. 541, § 3, amended Laws, 1989, ch. 489, § 3, so as to extend the repeal date of this section to July 1, 1996.

Laws, 1996, ch. 314, § 3, amended Laws, 1989, ch. 489, § 3, to remove the language providing for the repeal of the amendment by that act effective July 1, 1996.

Cross References —

Terms defined for State Plant Board, see §69-25-1.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 34 et seq.

CJS.

3 C.J.S., Agriculture §§ 1 et seq.

§ 69-3-3. Seedsman permits.

  1. Every seedsman who sells, offers for sale, exposes for sale, distributes or solicits orders for the sale of any agricultural seed or mixtures thereof, vegetable seed, flower seed, or tree and shrub seed as defined in Section 69-3-1 to farmers, retail seed dealers, wholesale distributors, or to others who use or plant such seed in the State of Mississippi, shall, before selling or offering such seed for sale or distributing or soliciting orders for the sale of such seed and on or before the first day of July of each year, secure an annual permit from the commissioner to engage in such business. Seed dealers and other sellers of seed shall apply for an annual permit upon forms prescribed by the commissioner and such a permit shall be issued upon the payment of the following permit fees when the application is in proper form:
    1. Each seedsman selling packet seed, in closed containers of less than four (4) ounces, through commission merchants or agents, shall furnish each agent with permit at fee of Two Dollars and Fifty Cents ($2.50) per agent. A separate permit shall be required for each location or place of business with rack display.
    2. For each seedsman engaged in selling vegetable seed at retail from containers of four (4) ounces or more, not displayed on a rack, a permit fee of Five Dollars ($5.00) for each such place of business. This permit will qualify the seedsman to only sell vegetable seeds, as identified by the Federal Seed Act, directly to the consumer.
    3. For each seedsman engaged in selling seed at retail to the consumer, except vegetable seed dealers as defined above and packet seed agents, a permit fee of Twenty-five Dollars ($25.00) for each such place of business. This permit will qualify the seedsman to only sell seed to the consumer for sowing but not for resale.
    4. For each seedsman engaged in selling seed to wholesale distributors only, a permit fee of Five Dollars ($5.00) for each such place of business of the seller. This permit will qualify the seedsman to sell only to “wholesale distributors.”
    5. For each seedsman engaged in selling seed as a wholesale distributor, a permit fee of One Hundred Dollars ($100.00) for each such place of business. This permit qualifies a seedsman to sell at levels for permits required by paragraphs (a), (b), (c), (d) and (e) of this section.
  2. Out-of-state seedsmen who sell or ship seed into this state shall obtain a permit in the same manner as described in paragraphs (a), (b), (c), (d) and (e) of this section.
  3. For the purpose of enforcement of the permit provisions of this section, the type of permit held by the buyer shall determine the type of permit required of the seller.
  4. Permits shall be renewed annually, beginning July 1, and may be revoked for cause by the commissioner. Failure to renew such permit by September 1 of each year will incur a penalty of twenty-five percent (25%) to the cost of the permit. The initial registration will be at the prescribed fee. However, the fee for first time permit applicants received on or after April 1 will be prorated by the commissioner for all classifications except packet agent permits.
  5. The Mississippi Agricultural and Forestry Experiment Station shall be exempt from permit requirements for seed distributed for increase.

HISTORY: Codes, 1942, § 4397-02; Laws, 1964, ch. 204, § 2; Laws, 1968, ch 249, § 2; Laws, 1997, ch. 611, § 1, eff from and after July 1, 1997.

Editor’s Notes —

Laws, 1997, ch. 611, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Cross References —

Duty of commissioner to establish grades and standards of farm products, see §69-1-19.

Advertising of seeds or plants as state certified, see §69-3-109.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 50 et seq.

CJS.

3 C.J.S., Agriculture § 2.

§ 69-3-4. Transfers of Bermuda grass; permit required; fee; misrepresentation and infringement of brand prohibited; penalties; rules and regulations.

  1. Every person, firm, association or corporation that shall transfer ownership of Bermuda grass for commercial sprigging, or that shall issue, use or circulate any certificate, advertisement, tag, seal, poster, letterhead, marking circular, written or printed representation or description of or pertaining to Bermuda grass intended for commercial sprigging or sale shall conform to the standards or requirements as made by the Commissioner of Agriculture and Commerce. Such persons, firms, associations and corporations, before transferring ownership of Bermuda grass, on or before the first day of July of each year, shall secure an annual permit from the Commissioner of Agriculture to engage in such business or practice. The annual permit fee shall not exceed Twenty-five Dollars ($25.00) for each person or place of business.
  2. If a person, firm, association or corporation discovers a new selection of Bermuda grass, such entity shall not name the grass in such a manner as to misrepresent, infringe or mimic a name already on the market. The commissioner may revoke the permit of any person who misrepresents, infringes or mimics a name in violation of this section.
  3. Any person who transfers ownership of Bermuda grass for commercial sprigging without a permit as required under this section shall be subject to a civil penalty, not to exceed Two Hundred Fifty Dollars ($250.00). All penalties levied by the commissioner shall be paid into the General Fund in the State Treasury.
  4. The Commissioner of Agriculture and Commerce shall promulgate rules and regulations to implement the provisions of this act.

HISTORY: Laws, 2002, ch. 596, § 2, eff from and after passage (approved Apr. 11, 2002.).

§ 69-3-5. Labeling requirements.

  1. Each container of agricultural, vegetable, flower, or tree and shrub seeds sold, offered for sale, or exposed for sale, or transported within this state for seeding purposes shall bear thereon or have attached in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information:
    1. For agricultural seed:

      1. Percentage of germination, exclusive of hard seed or firm seed.

      2. Percentage of hard seed, if present.

      3. Percentage of firm ungerminated seed, if present.

      4. The calendar month and year the test was completed to determine such percentages.

      1. The commonly accepted name of kind and variety of each agricultural seed present in excess of five percent (5%) of the whole and the percentage by weight of each in the order of its predominance. When more than one (1) kind and variety is required to be named, the word “mixture” or the word “mixed” shall be shown conspicuously on the label, but the commissioner may by regulation permit certain kinds of seed to be labeled “mixed” without showing the percentage of each variety present. Hybrids shall be labeled with the name and/or number by which the hybrid is commonly designated.
      2. Lot number or other designation.
      3. Net weight.
      4. Origin.
      5. Percentage by weight of all weed seed, including noxious weed seed.
      6. Percentage by weight of inert matter.
      7. Percentage by weight of other crop seed.
      8. For each named agricultural seed:
      9. The name and number per pound of each kind of restricted noxious weed seed.
      10. The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
      11. In addition to the above label requirements, the commissioner may, by regulation, require certain additional information for the label.
    2. For vegetable seed in containers of more than one (1) pound:
      1. Name of kind and variety of seed.
      2. Net weight.
      3. Lot number or other identification.
      4. Percentage of germination, exclusive of hard seed.
      5. Percentage of hard seed, if present.
      6. Calendar month and year the test was completed to determine such percentages.
      7. The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
      8. For seeds which germinate less than standards prescribed under rules and regulations, the words “below standard” in not less than 8-point type must be written or printed on face of tag in addition to other information required.
    3. For vegetable seed in containers of one (1) pound or less:
      1. Name of kind and variety.
      2. The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
      3. For seed which germinate less than the standards prescribed for such seed under rules and regulations, the following additional information must be shown:

      1. Percentage of germination, exclusive of hard seed.

      2. Percentage of hard seed, if present.

      3. Calendar month and year the test was completed to determine such percentage.

      4. The words “below standard” in not less than 8-point type.

    4. For flower seed:

      Flower seed shall be labeled to comply with rules and regulations promulgated under this article.

    5. For tree and shrub seed:

      Tree and shrub seed shall be labeled to comply with the rules and regulations promulgated under this article.

    6. For treated seed:

      All seed treated shall be labeled to comply with the rules and regulations promulgated under this article.

  2. The labeler shall keep records of the year of production and blending components of all agricultural or vegetable seed in each lot labeled, distributed or offered for sale within the state. Upon request the records of each lot of seed shall be made available to the purchaser of seed from such lots either through information on the label, the container or other means that may be required by regulation to provide the information requested in a timely manner.

HISTORY: Codes, 1942, § 4397-03; Laws, 1964, ch. 204, § 3; Laws, 2000, ch. 623, § 2, eff from and after July 1, 2000.

Cross References —

Prerequisites to filing cause of action against seedsman for failure of seeds to perform as represented by seed label, see §69-3-19.

Advertising of seeds or plants as state certified, see §69-3-109.

JUDICIAL DECISIONS

1. In general.

Even if cotton seed sales arranged by a Mississippi agricultural cooperative were regarded as direct farmer-to-farmer transactions they nevertheless violated Plant Variety Protection Act § 111, 7 USCS § 2541, since the sales were not made in compliance with district labeling requirements of Mississippi laws governing the sale of seed (Code §§69-3-5,69-3-9,69-3-11). Delta & Pine Land Co. v. Peoples Gin Co., 546 F. Supp. 939, 1982 U.S. Dist. LEXIS 14627 (N.D. Miss. 1982), aff'd, 694 F.2d 1012, 1983 U.S. App. LEXIS 27905 (5th Cir. Miss. 1983).

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 48 et seq.

12 Am. Jur. Pl & Pr Forms (Rev), Fraud and Deceit, Form 37.1 (complaint, petition, or declaration – misrepresentation as to germination of seed).

CJS.

3 C.J.S., Agriculture §§ 1 et seq.

§ 69-3-6. Seed inspection fees.

  1. The department may establish seed inspection fees, prescribe and furnish forms, and require the filing of reports necessary for the payment of the inspection fees. The department may inspect the record of any seedsman during the normal hours of business operation as it deems necessary.
  2. All fees collected under this section shall be deposited into a special fund in the State Treasury. The department may expend the monies in the fund by an annual appropriation approved by the Legislature for the support of the Seed Division of the Bureau of Plant Industry.
  3. Every seedsman who sells or distributes seed for sale, whether in bulk or in containers, within or into Mississippi for planting purposes, shall be assessed a seed inspection fee as required by the department.
  4. Every seedsman must:
    1. Pay an inspection fee on the total number of pounds of seed sold or otherwise distributed for sale within or into the state. Payment of the seed inspection fees shall be the responsibility of the seedsman initiating the first sale of seed within or into the state;
    2. Maintain records, as required by the department, that accurately reflect the total pounds of seed subject to the fees that are handled, sold or offered, or distributed for sale;
    3. File quarterly reports on forms provided or approved by the department, covering the total pounds of all sales of seed subject to the fee and sold during the preceding quarter. The reports and fees due shall be filed with the department no later than thirty (30) days following the end of each calendar quarter.
  5. A seedsman who does not file the quarterly report by the due date shall pay a penalty fee as provided by the regulations of the department. The penalty fee shall be waived if the seedsman obtains prior written approval from the department for a late filing and complies with the late filing requirements.
  6. If a seedsman does not comply with all the requirements of this section, the commissioner may suspend the seedsman’s permit until the seedsman is in compliance.

HISTORY: Laws, 2005, ch. 453, § 1; Laws, 2009, ch. 319, § 1; Laws, 2013, ch. 407, § 1, eff from and after July 1, 2013.

Amendment Notes —

The 2009 amendment deleted former (7), which provided for the repeal of this section.

The 2013 amendment deleted “notarized” following “File quarterly” in (4)(c).

§ 69-3-7. Records.

  1. Each person handling seed shall keep for a period of two (2) years a complete seed record of agricultural, vegetable, flower, or tree and shrub seeds handled.
  2. The records shall include the information for seed records as defined in Section 69-3-1.
  3. The commissioner or his duly authorized agents shall have the right to inspect such records for the purpose of the effective administration of this article.

HISTORY: Codes, 1942, § 4397-04; Laws, 1964, ch. 204, § 4; Laws, 2000, ch. 623, § 3, eff from and after July 1, 2000.

§ 69-3-9. Prohibitions.

  1. It shall be unlawful for any person to sell, offer for sale or expose for sale any agricultural seed, mixtures of agricultural seed, vegetable seed, flower seed, or tree and shrub seed, as defined in this article, for seeding purposes within this state:
    1. Unless a permit has been obtained in accordance with provisions of this article.
    2. Unless the test to determine the percentage of germination required by Section 69-3-5 shall have been completed within the period specified in the rules and regulations promulgated pursuant to the provisions of this article.
    3. Not labeled in accordance with the provisions of this article, or having a false or misleading labeling or claim.
    4. Pertaining to which there has been a false or misleading advertisement.
    5. Consisting of, or containing, prohibited noxious weed seeds.
    6. Containing restricted noxious weed seeds, except as prescribed by regulations promulgated under this article.
    7. Containing weed seeds, including those of noxious weeds, in excess of limits set forth in the rules and regulations promulgated pursuant to the provisions of this article.
    8. That have been treated with a poisonous material and not labeled in accordance with provisions of this article and regulations promulgated thereunder.
    9. To which there are affixed names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality or origin of the seeds.
    10. Having tags or labels attached to the containers of seed bearing thereon a liability or nonwarranty clause disclaiming responsibility for the information on the label required by Section 69-3-5.
    11. Unless it conforms to the definition of a “seed lot” or “lot of seed” as defined in this article.
  2. It shall be unlawful for any person within this state:
    1. To detach, alter, deface or destroy any label provided for in this article or the regulations promulgated thereunder, or to alter or substitute seed in any manner that may defeat the purpose or provisions of this article.
    2. To disseminate false or misleading advertisements in any manner concerning agricultural, vegetable, flower, or tree and shrub seeds.
    3. To sell, distribute, offer for sale or expose for sale any agricultural, vegetable, flower, or tree and shrub seeds labeled “certified seed,” “registered seed” or “foundation seed” unless it has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an official certifying agency as defined in this article.
    4. To sell seed represented to be a hybrid unless such seed conforms to the definition of a hybrid as defined in this article.
    5. To hinder or obstruct in any manner the commissioner or an authorized agent of the commissioner in the performance of his duties.
    6. To fail to comply with a stop sale order or seizure order, or to dispose of any seed suspended from sale or use without proper release.
    7. To use the name of the department of agriculture, or the results of tests and inspections made by the department, for advertising purposes.
    8. To label and offer for sale seed under the scope of this article without keeping complete records as specified in Section 69-3-7.
    9. To use the words “type” or “trace” in lieu of information required by Section 69-3-5.

HISTORY: Codes, 1942, § 4397-05; Laws, 1964, ch. 204, § 5; Laws, 1968, ch. 249, § 3, eff from and after January 1, 1969.

JUDICIAL DECISIONS

1. In general.

Even if cotton seed sales arranged by a Mississippi agricultural cooperative were regarded as direct farmer-to-farmer transactions they nevertheless violated Plant Variety Protection Act § 111, 7 USCS § 2541, since the sales were not made in compliance with district labeling requirements of Mississippi laws governing the sale of seed (Code §§69-3-5,69-3-9,69-3-11). Delta & Pine Land Co. v. Peoples Gin Co., 546 F. Supp. 939, 1982 U.S. Dist. LEXIS 14627 (N.D. Miss. 1982), aff'd, 694 F.2d 1012, 1983 U.S. App. LEXIS 27905 (5th Cir. Miss. 1983).

§ 69-3-11. Exemptions.

Agricultural seed or mixtures of same, vegetable seed, flower seed, and tree and shrub seed shall be exempt from provisions of this article:

  1. When sold and delivered by a farmer-grower of this state on his own premises, but a farmer-grower is required to label seed when sold and shipped away from his premises, but is not required to hold the seedsman’s permit. These provisions do not apply to commercial growers of seed.
  2. When sold or represented to be sold for purposes other than seeding, providing that the vendor shall make it unmistakably clear to the purchaser of such seed that it is not for seeding purposes.
  3. When seed for processing is being transported to, or consigned to, or stored in a processing or cleaning establishment, provided that the invoice or labeling accompanying said seed bears the statement “seed for processing.” Other labeling or representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this article.
  4. No label shall be required, unless requested by the purchaser, on agricultural seed, mixtures of same, vegetable seed, flower, and tree and shrub seed when such seeds are sold directly to and in the presence of the purchaser and taken from a container labeled in accordance with this article.
  5. No person shall be subjected to the penalties of this article for having sold, offered or exposed for sale in this state agricultural seed, mixtures of same, vegetable seed, flower seed, or tree and shrub seed which were incorrectly labeled or represented as to kind, variety or origin, which seed cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower’s declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated.

HISTORY: Codes, 1942, § 4397-06; Laws, 1964, ch. 204, § 6; Laws, 1968, ch. 249, § 4, eff from and after January 1, 1969.

JUDICIAL DECISIONS

1. In general.

Even if cotton seed sales arranged by a Mississippi agricultural cooperative were regarded as direct farmer-to-farmer transactions they nevertheless violated Plant Variety Protection Act § 111, 7 USCS § 2541, since the sales were not made in compliance with district labeling requirements of Mississippi laws governing the sale of seed (Code §§69-3-5,69-3-9,69-3-11). Delta & Pine Land Co. v. Peoples Gin Co., 546 F. Supp. 939, 1982 U.S. Dist. LEXIS 14627 (N.D. Miss. 1982), aff'd, 694 F.2d 1012, 1983 U.S. App. LEXIS 27905 (5th Cir. Miss. 1983).

§ 69-3-13. Disclaimers, nonwarranties and limited warranties.

A disclaimer, nonwarranty or limited warranty used on labels or in advertisement shall not directly or indirectly deny or modify any information required by this article or the regulations promulgated thereunder.

HISTORY: Codes, 1942, § 4397-07; Laws, 1964, ch. 204, § 7, eff from and after January 1, 1965.

Cross References —

Regulation of sale of acids, alkalis, and poisons, generally, see §§41-29-1 et seq.

Regulation of sale of economic poisons, see §§69-23-1 et seq.

§ 69-3-15. Withdrawal of seed.

  1. Seed not having a reasonable germination or which are extremely impure, notwithstanding the fact that they may be properly labeled, shall be withdrawn from sale and declared worthless when, in the opinion of the commissioner, such withdrawal is in the interest of normal crop production in this state.
  2. Worthless seed in violation of this article shall not be sold or given away for planting purposes.

HISTORY: Codes, 1942, § 4397-08; Laws, 1964, ch. 204, § 8, eff from and after January 1, 1965.

Cross References —

Duties of commissioner, generally, see §69-1-13.

§ 69-3-17. Enforcing agency; state preemption of conflicting local ordinances or regulations.

  1. The duty of enforcing this article is vested in the commissioner. The commissioner may establish rules and regulations not inconsistent with this article, may employ such agents and persons, and may make use of other employees of the department as deemed necessary for enforcement of this article.
  2. This article and the regulations of the department are of statewide concern and occupy the whole field of regulation regarding the cultivation, harvesting, production, processing, registration, labeling, sale, storage, transportation, quarantine, distribution, notification of use, planting, or other use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this article, no ordinance or regulation of any political subdivision may prohibit or regulate any matter relating to the registration, labeling, sale, storage, transportation, quarantine, distribution, notification of use, planting and use of seeds.

HISTORY: Codes, 1942, § 4397-09; Laws, 1964, ch. 204, § 9; Laws, 2016, ch. 315, § 1, eff from and after passage (approved Apr. 4, 2016).

Amendment Notes —

The 2016 amendment rewrote the section, which read: “The duty of enforcing this article and its provisions and requirements shall be vested in the commissioner of agriculture and commerce, who shall have authority to establish rules and regulations not inconsistent with the provisions of this article, and who is hereby authorized to employ such agents and persons as in his judgment shall be necessary therefor. The commissioner may make use of other employees of the state department of agriculture and commerce” and designated it (1); and added (2).

Cross References —

Duties of commissioner, generally, see §69-1-13.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 38 et seq.

CJS.

3 C.J.S., Agriculture §§ 2 et seq.

§ 69-3-19. Duties of enforcing agency.

  1. It shall be the duty of the Commissioner of Agriculture and Commerce, acting either directly or through his duly authorized agents:
    1. To sample, inspect, make analyses of and test agricultural, vegetable, flower, tree and shrub seeds, and transgenic seeds, transported, held in storage, sold, offered for sale or exposed for sale, or distributed within this state for seeding purposes, at such time and place, and to the extent as he may deem necessary to determine whether the seeds are in compliance with this article, and to notify promptly the person who transported, distributed, possessed, sold, offered or exposed the seed for sale, of any violation. Such test results shall be sufficient to be used by the Mississippi Department of Transportation to determine whether or not seed so tested meets the requirements of the Department of Transportation as set out in its contract specifications. No further testing shall be required unless the Department of Transportation determines that more than nine (9) months has elapsed, exclusive of the calendar month in which the test was completed, between the germination test data and the time of planting, or if by visual inspection the Department of Transportation determines that the seed was improperly stored or handled prior to planting.
    2. To prescribe and adopt reasonable rules and regulations governing the methods of sampling, inspecting, making analysis tests and examinations of agricultural, vegetable, flower and tree and shrub seeds, including standards, and the tolerances to be followed in the administration of this article, and any other reasonable rules and regulations as may be necessary to secure efficient enforcement of this article.
    3. To adopt and publish prohibited and restricted noxious weed seed lists.
    4. To publish list of kinds of seeds known and recognized to contain firm seeds.
  2. For the purpose of carrying out this article, the commissioner individually or through his designated agents is authorized:
    1. To enter upon any public or private premises where agricultural, vegetable, flower, or tree and shrub seeds are sold, offered or exposed for sale or distribution, during regular business hours in order to have access to seeds or records subject to this article and the rules and regulations, and to take samples of seed or copies of records in conformity therewith; and
    2. To establish, maintain and support a state seed testing laboratory with such facilities and personnel as may be deemed necessary. The laboratory shall be located at Mississippi State University of Agriculture and Applied Science. Such seed laboratory and equipment shall be in cooperation with Mississippi State University of Agriculture and Applied Science and under the supervision of the Director of the Bureau of Plant Industry, who shall be the state seed analyst; and
    3. To provide that any person, firm or corporation in this state shall have the privilege of submitting service seed samples for test to the state seed testing laboratory, subject to the charges as specified in the rules and regulations. Any person receiving a statement for seed analysis which is not paid in ninety (90) days will be in violation of this article. Any resident farmer may have one (1) sample of each kind tested free in any calendar year. A signed request by a farmer or individual must accompany the sample when it is sent in by a dealer; otherwise, the sample will be recorded and charges for analysis will be made to the dealer. Official seed samples drawn by inspectors in the enforcement of this article shall have first priority for testing in the state seed testing laboratory. The state seed analyst shall not be obligated to analyze uncleaned, unprocessed, and other time-consuming samples which obviously do not meet seed law requirements, except as time and facilities will permit; and
    4. To publish, in his discretion, the results of analyses, tests, examinations, field trials and investigations of any seed sampled under this article, together with any information he may deem advisable; and
    5. To issue and enforce a written or printed “stop sale” or “seizure” order to the owner or custodian of any lot of agricultural, vegetable, flower, or tree and shrub seeds which the commissioner or his authorized agent finds is in violation of this article or the rules and regulations, which shall prohibit further sale or movement of such seed until the officer has evidence that the law has been complied with and a written release has been issued to the owner or custodian of the seed; and
    6. To issue and enforce a “stop sale” or “seizure” order with respect to a particular variety of agricultural, vegetable, flower or tree and shrub seeds if the producer or distributor of such variety is found to have violated this article or the rules and regulations with respect to the particular variety, which shall remain in effect until the producer or distributor is in compliance with the law and has taken any action required by the commissioner to correct the effect of the violation in the marketplace; and
    7. To cooperate with the United States Department of Agriculture in seed law enforcement.

HISTORY: Codes, 1942, § 4397-10; Laws, 1964, ch. 204, § 10; Laws, 1968, ch. 249, § 5; Laws, 1981, ch. 413, § 1; Laws, 1989, ch. 489, § 2; reenacted and amended, Laws, 1991, ch. 541, § 2; reenacted and amended, Laws, 1996, ch. 314, § 2; reenacted and amended, Laws, 1997, ch. 611, § 2; Laws, 1998, ch. 473, § 2; Laws, 2000, ch. 623, § 4; reenacted and amended, Laws, 2002, ch. 596, § 1; Laws, 2005, ch. 449, § 1, eff from and after passage (approved Mar. 29, 2005.).

Editor’s Notes —

Laws, 1991, ch. 541, § 3, amended Laws, 1989, ch. 489, § 3, so as to extend the repeal date of this section to July 1, 1996.

Laws, 1996, ch. 314, § 3, amended Laws, 1989, ch. 489, § 3, to remove the language providing for the repeal of the amendment by that act effective July 1, 1996.

Laws, 1997, ch. 611, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Amendment Notes —

The 2005 amendment deleted former (3), which contained a repealer provision for the section.

Cross References —

Duties of commissioner, generally, see §69-1-13.

§ 69-3-20. Appointment of arbitration council.

  1. The commissioner shall appoint an arbitration council composed of six (6) members to hear and decide each complaint. The Director of the Mississippi Agricultural and Forestry Experiment Station, the Director of the Mississippi Cooperative Extension Service, the President of the Mississippi Seedsmen’s Association, the President of the Mississippi Farm Bureau Federation, and the Alcorn State University Divisional Director of Agriculture and Applied Sciences shall supply to the commissioner a list of four (4) candidates from their respective organizations. The commissioner shall choose one (1) candidate from each organization’s list in selecting a council to hear each complaint. On or before January 1 of each year the respective recommending organizations shall submit member recommendations if they want to make changes from their previous recommendations. The commissioner, or his designee, shall be a member of and serve as chairman of the council and he may appoint a secretary for the council. It shall be the duty of the chairman to call the council into session to conduct all meetings and deliberations and to direct all other activities of the council. It shall be the duty of the secretary to keep accurate and correct records of all meetings and deliberations and perform such other duties for the council as directed by the chairman. The commissioner shall prescribe and adopt reasonable rules and regulations governing the arbitration process to include conditions and circumstances associated with seed to which arbitration is applicable.
  2. The purpose of the arbitration council is to assist consumers and seedsmen in determining the validity of complaints made by consumers against seedsmen and recommend cost damages resulting from failure of the seed to properly perform or produce, whether related to specific representations on the label or the labeling, other information on the seed container or conditions attributed to the quality of the seed.
    1. When the department refers a complaint made by a consumer against a seedsman to the arbitration council, the council shall make a full and complete investigation of the matters complained of, and at the conclusion of the investigation, report its findings and make its recommendations of cost damages and file them with the department. Council findings and recommendations may be admissible as evidence in a court of law. When a complaint involving transgenic seeds is filed for arbitration, the seedsman shall furnish the commissioner the technology and procedures necessary to conduct any test to determine whether the seeds will perform as represented by the seedsman. The commissioner shall ensure that all technology and procedural information submitted to the department by the seedsman shall be kept confidential to ensure the proprietary rights of the seedsman. After a final disposition of all judicial proceedings or expiration of any applicable statute of limitation, the commissioner shall return all technology, records, test data or procedural information to the seedsman. In addition, remedies for misappropriation of a trade secret shall be governed by the Mississippi Uniform Trade Secrets Act in Sections 75-26-1 through 75-26-19.
    2. In conducting its investigation the arbitration council or any member or members shall be authorized to examine the consumer on his farming operation of which he complains; to examine the seedsman on his packaging, labeling and selling operation of the seed alleged to be faulty; to conduct an appropriate test of a representative sample of the alleged faulty seed through the facilities of the state and under the supervision of the department when such action is deemed to be necessary; and to hold informal hearings at a time and place designated by the chairman upon reasonable notice to the consumer and the seedsman.
    3. Any investigation made by less than the entire membership of the council shall be made by authority of a written directive by the chairman and the investigation shall be summarized in writing and considered by the council in its findings and in making its recommendations.
    4. If the council holds an informal hearing to allow each party an opportunity to present their side of the dispute, attorneys may be present at the hearings to confer with their clients. However, no attorney may participate directly in the proceedings.
  3. A majority of the six-member council shall constitute a quorum and action by a majority of a quorum shall be the official act of the council.
  4. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Any court of general jurisdiction in this state may enforce compliance with such subpoenas.
  5. The deliberations of the council at which the merits of a seed arbitration claim are under consideration shall not be subject to Section 25-41-1 et seq.
  6. The members of the council shall receive no compensation for the performance of their duties but shall be reimbursed for travel expenses in the manner and amount provided in Section 25-3-41, Mississippi Code of 1972.
  7. In lieu of a hearing by the council, informal hearings for arbitration may be conducted by an independent arbitrator appointed by the commissioner. The consumer filing a complaint or the seedsmen named in the complaint may request arbitration by an independent arbitrator. When a request is made, both parties shall be notified and consent to arbitration by an independent arbitrator. The commissioner shall appoint the arbitrator from a list of six (6) persons who shall be qualified to conduct arbitration proceedings. The commissioner shall publish the lists of qualified arbitrations every other year. The arbitrator appointed by the commissioner shall conduct all proceedings and hearings as provided in Section 69-3-20 and applicable rules and regulations and shall report the findings and recommendations to the commissioner.

HISTORY: Laws, 2000, ch. 623, § 5, eff from and after July 1, 2000.

§ 69-3-21. Seizures.

The commissioner may cause to be seized and held any lot of agricultural seed, mixtures of same, vegetable seed, flower seed, or tree and shrub seed found to be in violation of any of the provisions of this article until the law has been complied with and said violation otherwise legally disposed of. The inspectors of the state department of agriculture and commerce shall have power to enforce this section.

HISTORY: Codes, 1942, § 4397-11; Laws, 1964, ch. 204, § 11, eff from and after January 1, 1965.

§ 69-3-22. Procedure for complaint before council.

  1. As a prerequisite to filing a cause of action in court against a seedsman, a consumer who is damaged by the failure of agricultural, vegetable, flower or forest tree seed to properly produce or perform, as represented by the label or labeling whether related to specific representations on the label, other information on the seed container or conditions attributed to the quality of the seed, shall make a sworn complaint against such seedsman alleging damages sustained. The complaint shall be accompanied by documentation from a recognized professional verifying that there is a connection between the seed and the performance or production problem. The complaint shall be filed with the department and the department shall send a copy of the complaint to the seedsman by certified mail, within such time as to permit inspection of the crops, plants or trees by the seed arbitration council or its representatives and by the seedsman from whom the seed was purchased.
  2. Language setting forth the requirement for filing and serving the complaint shall be legibly typed or printed on the seed packages or the analysis label attached to the package containing such seed at the time of purchase by the consumer as follows:

    “NOTICE: As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to properly produce or perform, as represented by the label or labeling, a consumer shall file a sworn complaint with the Commissioner of Agriculture and Commerce within such time as to permit inspection of the crops, plants or trees.”

    If language setting forth the requirement is not so placed on the seed package or analysis label, the filing and serving of a complaint under this section is not required.

  3. A filing fee of Two Hundred Fifty Dollars ($250.00) shall be paid to the department with each complaint filed. The fee shall be recovered from the dealer upon the recommendation of the arbitration council.
  4. Within fifteen (15) days after receipt of a copy of the complaint, the seedsman shall file with the department his answer to the complaint and serve a copy of the answer on the consumer by certified mail.
  5. The department shall refer the complaint and the answer to the council for investigation, findings and recommendations on the matters set out in the complaint. Upon receipt of the findings and recommendations of the council, the department shall transmit them to the consumer by certified mail.
  6. The consumer and seedsman shall give written notice to the department of the acceptance or rejection of the council’s recommended terms of settlement within thirty (30) calendar days from the date the recommended terms of settlement are issued by the arbitration council.

HISTORY: Laws, 2000, ch. 623, § 6, eff from and after July 1, 2000.

§ 69-3-23. Repealed.

Repealed by Laws of 1997, ch. 611, § 3, eff from and after July 1, 1997.

[Codes, 1892, § 1013; 1906, § 1090; Hemingway’s 1917, § 816; 1930, § 839; 1942, § 2065; Laws, 1882, p. 141]

Editor’s Notes —

Former §69-3-23 required traders in seed cotton to keep a register of the names of all persons from whom they buy or procure by barter cotton.

Laws, 1997, ch. 611, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

§ 69-3-25. Penalties.

Any person who violates any provision of this article or the rules and regulations made and promulgated thereunder shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.

HISTORY: Codes, 1942, § 4397-12; Laws, 1964, ch. 204, § 12; Laws, 2000, ch. 623, § 7; Laws, 2005, ch. 453, § 3; Laws, 2013, ch. 407, § 2, eff from and after July 1, 2013.

Amendment Notes —

The 2005 amendment deleted the former second sentence, which read: “Funds collected from such fines shall be deposited into the special fund created in Section 69-3-29(6).”

The 2013 amendment deleted “knowingly, or as a result either of gross negligence or of a failure to make a reasonable effort to inform himself of the pertinent facts” following “Any person who”, substituted “article” for “act,” and substituted “more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment” for “less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00). Nothing in this act shall be construed as requiring the Commissioner to recommend prosecution for minor violations of this act or the rules and regulations made and promulgated thereunder whenever he believes that the public interest will be adequately served by suitable written notice or warning.”

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 69-3-27. Disposition of fees.

All fees collected by the Commissioner under this article, except those fees collected under Section 69-3-6, shall be paid to the State Treasurer who shall deposit the fees in the General Fund in the State Treasury.

HISTORY: Codes, 1942, § 4397-13; Laws, 1964, ch. 204, § 13; Laws, 1968, ch. 249, § 6; Laws, 1970, ch. 255, § 1; Laws, 2005, ch. 453, § 2, eff from and after passage (approved Mar. 29, 2005.).

Amendment Notes —

The 2005 amendment rewrote the section.

§ 69-3-29. Administrative procedures; applicability.

  1. Whenever it has been alleged that any person or other entity has violated any of the provisions of this article, or any of the rules or regulations promulgated hereunder, the matter shall be conducted as an administrative proceeding under the terms and conditions of Sections 69-25-51 through 69-25-63, and where found culpable, such person or other entity shall be subject to the administrative and civil penalties provided therein.
  2. The procedures described herein shall not apply to seed arbitration claims which are described in Sections 69-3-20 through 69-3-22, as such claims shall be governed by the procedures set forth in those statutes.

HISTORY: Laws, 2000, ch. 623, § 8; Laws, 2013, ch. 407, § 3, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment added (1); deleted former (1) through (4) and redesignated former (5) as (2); and substituted “69-3-20 through 69-3-22” for “Section 69-3-19” and made a related minor stylistic change.

Article 3. Seed Certification.

§ 69-3-101. Designation of state seed certifying agency.

The Commissioner of Agriculture and Commerce, the president of Mississippi State University of Agriculture and Applied Science, and the director of the agricultural and forestry experimental station of Mississippi State University of Agriculture and Applied Science are hereby vested with the full authority to designate a seed improvement association as the official state seed certifying agency for the State of Mississippi. Said officials are hereby further authorized, if they shall be satisfied at any time that the association acting as the official state seed certifying agency is not functioning in a manner conducive to the best interest of agriculture in this state, to terminate the appointment of such association, and to designate another seed improvement association as the official state seed certifying agency.

HISTORY: Codes, 1942, § 4398-01; Laws, 1952, ch. 170, § 1.

Cross References —

Agricultural seeds, generally, see §§69-3-1 et seq.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 50.

CJS.

3 C.J.S., Agriculture § 2.

§ 69-3-103. Designation of state seed board.

There is hereby created a state seed board composed of the president of Mississippi State University of Agriculture and Applied Science, the director of the agricultural and forestry experiment station of Mississippi State University of Agriculture and Applied Science, the commissioner of agriculture and commerce of Mississippi, two (2) members to be selected and approved by and from the membership of the state certifying agency, one (1) member to be selected and approved by and from the membership of the Mississippi Seedmen’s Association, and one (1) member to be selected and approved by and from the resident concerns and individuals engaged in the production of breeders registered planting seed in the State of Mississippi.

HISTORY: Codes, 1942, § 4398-02; Laws, 1952, ch. 170, § 2.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 50.

CJS.

3 C.J.S., Agriculture § 2.

§ 69-3-105. State seed board; financial responsibility.

Neither the state seed board, Mississippi State University of Agriculture and Applied Science, nor any of its divisions so represented shall be financially responsible for debts incurred by, damages inflicted by, or contracts broken by the official state seed certifying agency.

HISTORY: Codes, 1942, § 4398-03; Laws, 1952, ch. 170, § 3.

§ 69-3-107. Certification to be self-supporting.

The work of the official state seed certifying agency shall be on a self-supporting basis.

HISTORY: Codes, 1942, § 4398-04; Laws, 1952, ch. 170, § 3.

§ 69-3-109. Advertising; tags.

Every person, firm, association or corporation who shall issue, use or circulate any certificate, advertisement, tag, seal, poster, letterhead, marking circular, written or printed representation, or description of or pertaining to seeds, plants or plant parts or other farm products that may be defined by regulations intended for propagation or sale or sold or offered for sale wherein the words “Mississippi Certified,” or Mississippi State Certified, State Certified, or similar words or phrases are used or employed, or wherein are used or employed signs, symbols, maps, diagrams, pictures, words or phrases expressly or impliedly stating or representing that such seeds, plants or plant parts or other farm products comply with or conform to the certification standards or requirements as made by the approved state seed certifying agency of Mississippi, shall be subject to the provisions of this article, provided that this article shall not apply to the certification of plants or plant products for freedom from disease or insects which is now conducted under the authority of the Commissioner of Agriculture and Commerce. Every issuance, use, or circulation of any certificate or any other instrument as in this section above described shall be deemed to be “certification” as this term is employed in this article.

HISTORY: Codes, 1942, § 4398-05; Laws, 1952, ch. 170, § 5; Laws, 2002, ch. 398, § 1, eff from and after July 1, 2002.

Cross References —

Labeling requirements for agricultural seeds, see §69-3-5.

§ 69-3-111. Prohibiting the state seed certifying agency from selling or processing certified seed.

The state seed certifying agency shall not have the power to engage in the sale or processing of seeds, plants or plant parts or other farm products or to designate any agency or individual for these purposes except that the state seed certifying agency may promote the sale of certified seeds in general through advertising.

HISTORY: Codes, 1942, § 4398-06; Laws, 1952, ch. 170, § 6; Laws, 2002, ch. 398, § 2, eff from and after July 1, 2002.

§ 69-3-113. Rules and regulations.

The duly approved state seed certifying agency is hereby vested with the full authority to establish, create and specify rules and regulations for the designation of seeds, plants and plant parts and other farm products as certified or Mississippi certified to be grown, harvested, offered for sale or distributed. Such rules and regulations shall be approved by the state seed board before becoming effective. No seeds, plants or plant parts or other farm products grown or to be grown in Mississippi shall be eligible for certification hereunder except by full compliance as to standards, requirements and forms of or for certification as may be made by the duly approved state seed certifying agency. No certification within the provisions of this article shall be made or authorized except through the approved state certifying agency as herein provided.

HISTORY: Codes, 1942, § 4398-07; Laws, 1952, ch. 170, § 7; Laws, 2002, ch. 398, § 3, eff from and after July 1, 2002.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 50.

CJS.

3 C.J.S., Agriculture § 2.

§ 69-3-115. Appeals.

Any person desiring a change in the rules and regulations or to appeal from the action of the state seed certifying agency shall have the right of a hearing either in person or by attorney before a board of appeals composed of the state commissioner of agriculture and commerce, the director of the agricultural and forestry experiment station of Mississippi State University of Agriculture and Applied Science, and the president of Mississippi State University of Agriculture and Applied Science, at such time and place as the board chairman shall designate. The director of the agricultural and forestry experiment station of Mississippi State University of Agriculture and Applied Science shall serve as chairman of the board. The aggrieved party may appeal to the circuit court of the county wherein he may reside and bond shall be given to cover court costs within ten days after rendition of the order of the said board, upon which appeal is made.

HISTORY: Codes, 1942, § 4398-08; Laws, 1952, ch. 170, § 8.

§ 69-3-117. Approval required for issuance, use, or circulation of certification.

It shall be unlawful for any person, firm, association or corporation to issue, make, use, or circulate any certification as defined in this article without the authority or approval of the approved state seed certifying agency.

HISTORY: Codes, 1942, § 4398-09; Laws, 1952, ch. 170, § 9.

§ 69-3-119. Enforcement of this article.

The Commissioner of Agriculture and Commerce of Mississippi is hereby vested with the responsibility for enforcing the provisions of this article.

HISTORY: Codes, 1942, § 4398-09; Laws, 1952, ch. 170, § 9.

§ 69-3-121. Penalties.

  1. Except as otherwise provided in subsection (2) of this section, every person, firm, association or corporation who shall violate any of the provisions of this article pertaining to certification shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not less than $25.00, nor exceeding $500.00, for each offense, and be denied the right to apply for further certification within such period as the court may determine, not exceeding 1 year.
  2. Any person who, with the intent to injure, defraud or mislead, shall alter, erase, raise, obliterate, destroy, forge, substitute, disfigure in any manner, or remove from the package, container, wrappings or bale to which it is attached, any certificate, specification, or certification of any seed improvement association organized under the laws of this state, disclosing or in any manner pertaining to the grade, quality, quantity, or condition of any agricultural field seed or seeds or any cotton or cotton lint, shall be guilty of a misdemeanor, and on conviction shall be fined not less than Twenty-five Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), or imprisoned in the county jail for not more than twelve months, or both.

HISTORY: Codes, 1942, §§ 4397-31, 4398-09; Laws, 1946, ch. 461, § 1; Laws, 1952, ch. 170, § 9.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Chapter 5. Fairs; Stock Shows; Improvement of Livestock

Article 1. Mississippi Fair Commission and State Fair Grounds.

§ 69-5-1. Mississippi Fair Commission created.

In order to promote agricultural and industrial development in Mississippi and to encourage the farmers to grow better livestock and agricultural products, there is hereby created a body politic and corporate to be hereafter known as the “Mississippi Fair Commission,” which said body politic and corporate shall be under the management and control of said commission to be named by the Governor as follows: The Commissioner of Agriculture and Commerce, chairman, the director of the Mississippi Extension Service, president of the Mississippi Livestock Association, the director of Mississippi Vocational Education, and a representative of Mississippi Association of Fairs, a representative of the Agricultural and Industrial Board, and a representative of the City Commission of Jackson, Mississippi, all to serve four years without salary compensation. Should a vacancy occur by resignation or death, the Governor shall appoint a successor.

HISTORY: Codes, 1942, § 4435-50; Laws, 1946, ch. 295, §§ 1-6; Laws, 1958, ch. 140, § 1.

Editor’s Notes —

Section 57-1-2 provides that the words “Agricultural and Industrial Board” shall mean the “Department of Economic and Community Development”.

Section 57-1-54 provides that the Mississippi Development Authority shall be the Department of Economic and Community Development, and that whenever the term “Mississippi Department of Economic and Community Development,” “Mississippi Department of Economic Development,” or any variation thereof, appears in any law the same shall mean the Mississippi Development Authority.

Cross References —

Livestock shows, generally, see §§69-5-101 et seq.

§ 69-5-3. Powers and duties of Mississippi Fair Commission.

  1. The Mississippi Fair Commission shall set up rules and regulations consistent with the law governing the distribution of state monies for premiums or awards. It will be the duty of the commission to meet at the call of the chairman, at least twice each year, to approve premium lists or awards, and give out rules governing participants in state premium money in Mississippi. The commission may invite the presidents of the various district livestock shows before the commission when determining policies affecting district livestock shows.
  2. The Mississippi Fair Commission is hereby authorized to accept money or funds donated to the commission, including funds to be awarded as prizes in livestock competition.
  3. The Mississippi Fair Commission shall have charge of the State Fairgrounds located in Jackson, Mississippi, including all buildings and improvements thereon, and shall have full power and authority in perfecting plans and causing to be held thereon the Mississippi State Fair and other such events that may be authorized by the commission.
  4. The Mississippi Fair Commission is hereby authorized to employ an attorney as prescribed in Section 69-1-14.
  5. The Mississippi Fair Commission may take any action authorized in Section 1 of Laws 2000, Chapter 306.
  6. The Mississippi Fair Commission may allow a commercial, charitable or governmental entity to use, publish and advertise such entity’s name in connection with any of the buildings, improvements, grounds or objects located on the State Fairgrounds in Jackson, except for the Kirk Fordice Equine Center, or in connection with any of the events conducted on the State Fairgrounds in return for a monetary consideration paid to the commission. Furthermore, the commission may lease to any public, private, commercial or charitable entity for a term not to exceed twenty (20) years naming rights to buildings, except for the Kirk Fordice Equine Center, or property, including, but not limited to, new construction, improvements to existing buildings, grounds and/or objects located on the State Fairgrounds in return for consideration benefitting the commission. The lessee shall pay the cost of erecting, maintaining and removing signage related to the property. Those funds received from an entity for allowing its name to be used, published or advertised in connection with the buildings, improvements, objects or events shall be retained by the commission to be used for capital improvements to the fairgrounds or in its annual operating budget. The commission shall not enter into any such agreement with any vendor whose products are illegal for participation in or use by persons eighteen (18) years of age and under.
  7. The chairman of the commission is authorized to form and establish a private foundation or nonprofit corporation to receive and disburse the funds generated by the sale of naming rights described in subsection (6) of this section and for any other donations made to the commission. The funds shall be disbursed in accordance with guidelines described in this section, and the foundation or nonprofit corporation shall be subject to the reporting requirements described in subsection (10) of this section. All funds shall remain with the foundation until disbursement and shall not be transferred to the State General Fund. No public funds shall be deposited into the account of the private foundation or nonprofit corporation established by the commission for the benefit of the State Fairgrounds, nor shall the Legislature appropriate any State General Fund or Special Fund monies to the foundation or nonprofit corporation for such purposes. All monies received by the foundation shall be maintained separately from funds allocated to the commission for operating and administrative costs associated with the State Fairgrounds. In addition to the reporting of information to be included in the annual legislative report of the commission, the private foundation or nonprofit corporation shall be subject to annual financial audits by the State Auditor and by auditors of donors in the same manner as required for state agencies.
  8. The commission shall have the authority to enter into a lease or right-of-way with a third party covering any land or buildings on the State Fairgrounds and any funds generated from such lease or right-of-way shall remain in a special fund managed by the commission. All monies in the special fund may be used for capital improvements to the State Fairgrounds or in the commission’s annual operating budget. Any unexpended funds remaining in the special fund shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited in the fund.
  9. The Mississippi Fair Commission is hereby authorized to adopt such rules and regulations as may be necessary or desirable to carry out, execute or implement the provisions of this article.
  10. The Mississippi Fair Commission shall report by January 1 of each year a detailed financial statement of all monies received and expended under subsection (6) and subsection (7) of this section to the Lieutenant Governor, the Speaker of the House of Representatives and the Chairman of the Senate Agriculture Committee and the Chairman of the House of Representatives Agriculture Committee.

HISTORY: Codes, 1942, § 4435-50; Laws, 1946, ch. 295, §§ 1-6; Laws, 1958, ch. 140, § 1; Laws, 1983, ch. 365, § 3; Laws, 2000, ch. 306, § 2; Laws, 2001, ch. 579, § 1; Laws, 2012, ch. 360, § 1; Laws, 2014, ch. 373, § 1; Laws, 2017, ch. 364, § 2, eff from and after passage (approved Mar. 20, 2017).

Editor's Notes —

Laws, 2001, ch. 579, § 2, provides:

“SECTION 2. The contract for the naming rights of any coliseum entered into before the effective date of this act [July 1, 2001], including, but not limited to, the contract for naming rights of a coliseum in a municipality with a population of thirty thousand (30,000) or more in a county where Highways 78 and 45 intersect, is hereby ratified and affirmed.”

Laws of 2018, ch. 405, § 1, effective March 19, 2018, provides: “SECTION 1. (1) The Mississippi Department of Finance and Administration, acting on behalf of the Mississippi Fair Commission, is authorized to acquire certain real properties and the improvements thereon in the method as determined in the best interest of the State of Mississippi, located in the corporate limits of the City of Jackson, Hinds County, Mississippi, for the use and benefit of the Mississippi Fair Commission, [For complete property description, see Section 1 of Chapter 405, Laws of 2018.]

“(2) The real properties and improvements described in subsection (1) of this section shall not be purchased for an amount greater than the current fair market value as determined by the average of two (2) appraisals by qualified appraisers, one (1) of whom shall be selected by the Department of Finance and Administration, and both of whom shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(3) The Department of Finance and Administration may correct any discrepancies in the legal descriptions of the properties provided in this section.

“(4) In acquiring ownership of the properties described in subsection (1) of this section, the state shall acquire all interest in the mineral rights in the properties, which shall be retained by the state in any subsequent agreement to sell or lease the properties once acquired under the provisions of this act.”

Amendment Notes —

The 2012 amendment in (6), rewrote the first sentence, substituted “buildings or events” for “Mississippi Coliseum, the State Fair” in the second sentence, and deleted the former third sentence which read: “The Mississippi Fair Commission may spend up to ten percent (10%) of the total consideration received from an entity that uses, publishes and advertises such entity's name in connection with the Mississippi Coliseum or the State Fair for advertising, promoting and entertainment acts.”

The 2014 amendment rewrote (2), which read: “The Mississippi Fair Commission is hereby authorized to accept money or funds donated to or to be awarded as prizes under regulations promulgated by the commission”; rewrote (3), which read: “The Mississippi Fair Commission shall have charge of designated state lands and buildings, and have full power and authority in perfecting plans and causing to be held an agricultural and industrial exposition annually, and other events from time to time on those lands and located for the promotion of Mississippi agriculture and industry”; in (6), inserted “improvements or objects located” and “in connection with” in the first sentence, and in the second sentence, inserted “improvements, objects,” “to be used” and “or in its annual operating budget” and deleted” “except that not less than fifteen percent (15%) of such consideration shall be distributed annually to the Livestock Shows Fund that, by this subsection, is created in the State Treasury for premiums or awards in county, district and state livestock shows and the State High School Rodeo Finals. Those funds received from an entity for allowing its name to be used, published or advertised in connection with the Dixie National Livestock Show and Rodeo shall be retained by the Fair Commission for capital improvements except One Hundred Thousand Dollars ($100,000.00) may be used annually for advertising, promoting, premiums, awards and entertainment acts for the Dixie National Livestock Show and Rodeo” following “capital improvements to the fairgrounds”; and added (7), (8), and (9), and redesignated former (7) as (10).

The 2017 amendment, effective March 20, 2017, in (6), inserted “grounds” in the first sentence, and added the second and third sentences.

Cross References —

Provisions relative to charges for admission to the State Fair and use of proceeds, see §69-5-11.

Livestock shows, generally, see §§69-5-101 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Commission has authority to lease facilities under control of Commission to private parties as long as activities conducted therein are open to public and in public interest; this same rule applies to equipment under control of Commission; Commission has authority to establish priority in usage of such equipment to civic groups and other public interest usage over general commercial usage. Orr, March 14, 1990, A.G. Op. #90-0165.

Miss. Code Section 69-5-3 grants Fair Commission authority to charge admission to state fair, and directs that all admission funds shall be utilized for improvements on state fairgrounds; from this broad grant of authority, and in absence of legislation to contrary, Fair Commission has authority to enter into exclusive soft drink beverage contract for state properties under its control, so long as funds so generated are utilized for improvements on fairgrounds. Ross, Jan. 3, 1993, A.G. Op. #92-1016.

A city council has no authority to ban gun shows on the Mississippi State Fairgrounds. White, June 2, 2006, A.G. Op. 06-0220.

§ 69-5-5. Executive secretary of Mississippi Fair Commission.

The Mississippi Fair Commission may name an executive secretary and assign duties, who shall be required to keep full and complete minutes of the commission’s action and give full and detailed reports of livestock shows and fairs participating in premium monies, for report to the Governor and Legislature.

HISTORY: Codes, 1942, § 4435-50; Laws, 1946, ch. 295, §§ 1-6; Laws, 1958, ch. 140, § 1.

Cross References —

Powers and duties of State Fair Commission, see §69-5-3.

Livestock shows, generally, see §§69-5-101 et seq.

§ 69-5-7. Headquarters of Mississippi Fair Commission.

Headquarters of the Mississippi Fair Commission shall be in connection with the office of the state department of agriculture and commerce.

HISTORY: Codes, 1942, § 4435-50; Laws, 1946, ch. 295, §§ 1-6; Laws, 1958, ch. 140, § 1.

§ 69-5-8. “Kirk Fordice Equine Center” designated.

The building under the jurisdiction of the Mississippi Fair Commission, that is located in Jackson, Mississippi, and used primarily as an arena for rodeo and livestock expositions and related events, shall be named the Kirk Fordice Equine Center. The Mississippi Fair Commission shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Kirk Fordice Equine Center, that states the background, accomplishments and service to the state of Governor Kirk Fordice.

HISTORY: Laws, 2005, ch. 301, § 1, eff from and after passage (approved Feb. 10, 2005.).

§ 69-5-9. Effect of Sections 69-5-1 through 69-5-9 on livestock shows.

Nothing in Sections 69-5-1 through 69-5-9 shall be construed to mean a change in the location or limit the number of district or divert any appropriation made by the Legislature to the various livestock shows in Mississippi now set up and designated by law.

HISTORY: Codes, 1942, § 4435-50; Laws, 1946, ch. 295, §§ 1-6; Laws, 1958, ch. 140, § 1.

Cross References —

Livestock shows, generally, see §§69-5-101 et seq.

§ 69-5-11. Admission charges to State Fair.

  1. The Mississippi Fair Commission created by Section 69-5-1 shall charge for admission to the State Fair. The proceeds thereof shall be used for the repayment of revenue bonds issued for the purpose of constructing, equipping and furnishing new buildings and making improvements on the State Fairgrounds.
  2. Funds collected in excess of those required to retire any outstanding bond indebtedness may be used as operating revenue for the Mississippi Fair Commission, and such excess funds received by the Fair Commission shall be deposited in its special fund account.
  3. The State Treasurer is hereby directed to invest such excess funds to the credit of the Mississippi Fair Commission’s special account.

HISTORY: Codes, 1942, § 4435-50.3; Laws, 1956, ch. 143, §§ 1-8; Laws, 1958, ch. 142; Laws, 1962, ch. 155; Laws, 1966, ch. 224, § 1; Laws, 1968, ch. 236, § 1; Laws, 1971, ch. 501, § 1; Laws, 1985, ch. 339, eff from and after July 1, 1985.

Cross References —

Power of Dept. of Finance and Administration to issue revenue bonds, see §§31-11-3 et seq.

Validation of bonds, generally, see §§31-13-1 et seq.

Commercial paper under the Uniform Commercial Code, see §§75-3-101 et seq.

§ 69-5-13. Requests for improvement of State Fair grounds.

The Mississippi Fair Commission is hereby authorized and empowered, in its discretion, to declare by resolution the number and type buildings which need to be constructed and the type improvements that need to be made on the state fairgrounds, and file a certified copy of said resolution with the State Building Commission. If the State Building Commission believes such construction and improvements to be in the best public interest, and that receipts from admission to the State Fair reasonably shall be expected to produce sufficient revenues over a period not to exceed twenty (20) years to retire bonds issued to pay the cost of such improvements as well as the interest thereon, it may, in its discretion, approve the request of the Mississippi Fair Commission.

HISTORY: Codes, 1942, § 4435-50.3; Laws, 1956, ch. 143, §§ 1-8; Laws, 1958, ch. 142; Laws, 1962, ch. 155; Laws, 1966, ch. 224, § 1; Laws, 1968, ch. 236, § 1; Laws, 1971, ch. 501, § 1, eff from and after passage (approved April 8, 1971).

Editor’s Notes —

Section 31-11-1 provides that the term “State Building Commission” or “Building Commission” wherever it appears in the laws of Mississippi shall be construed to mean the Governor’s Office of General Services.

Laws, 1994, ch. 454, § 1, eff from and after July 1, 1994, provides as follows:

“SECTION 1. The Department of Finance and Administration is hereby authorized and empowered to convey to the State Fair Commission for additional state fairgrounds all of the right, title, and interest in Seat of Government Tracts Z, Y, 11B and 14, being situated in the City of Jackson, First Judicial District of Hinds County, Mississippi, and more particularly described as follows, to-wit:

Parcel Z.

Beginning at the intersection of the west right-of-way line of the Illinois Central Gulf’s 100-foot railroad right-of-way and the east right-of-way line of Jefferson Street as it now exists on the west boundary of Rhodes Subdivision, Block 17. From said point of beginning, run thence northerly along the east line of Jefferson Street 185 feet to a point; thence turning through a 90 degree angle, run easterly approximately 80 feet to a point on the west line of the Illinois Central Gulf’s 100-foot railroad right-of-way; thence run southwesterly along the west line of the said right-of-way to the point of beginning, it being the intent to include with this description all of that property with improvements thereon, owned by the State of Mississippi lying adjacent to and west of the Illinois Central Gulf Railroad 100-foot right-of-way, adjacent to and east of Jefferson Street and lying adjacent to and south of a parallel line drawn from a point 185 feet north of the intersection of the east right-of-way line of Jefferson Street and the west line of the right-of-way of the Illinois Central Gulf Railroad, within the City of Jackson, Mississippi.

Parcel Y.

Beginning at the intersection of the east right-of-way line of the Illinois Central Gulf’s 100-foot railroad right-of-way and the north right-of-way line of Mississippi Street as it now exists; from said point of beginning, run thence easterly along the north line of Mississippi Street to the point that the said line intersects with the west right-of-way line of Camp Street. From said point run northerly along the west line of said Camp Street to a point where the west line of Camp Street intersects with the east line of the Illinois Central Gulf’s 100-foot railroad right-of-way; from said point run thence southwesterly along said east line of the railroad right-of-way to the point of beginning, it being the intent of the lessor to include with this description all of that property with improvements thereon, owned by the State of Mississippi lying adjacent of and east of the Illinois Central Gulf Railroad 100-foot right-of-way, adjacent to and north of Mississippi Street, adjacent to and west of Camp Street, within the City of Jackson, Mississippi.

Parcel 11B.

Beginning at a point on the south line of High Street, which point is a distance of 362.64 feet measured easterly and along the south line of High Street from the intersection of the south line of High Street with the east line of Jefferson Street; run thence west and along the southern line of High Street for a distance of 98.64 feet to the western line of said Lot 3 of Block 15 of East Jackson; turn thence to the left through a deflection angle of 88 degrees 55 minutes and run thence southerly parallel with the eastern line of Jefferson Street and along the western line of said Lot 3 for a distance of 350 feet to a point on the northern line of College Street; thence turn to the left through a deflection angle of 91 degrees 05 minutes and run easterly and along the northern line of College Street for a distance of 14.9 feet to a point which is 6 feet northwesterly from the western rail of a railroad spur track; thence traversing a line parallel with and 6 feet northwesterly from the western rail of the aforesaid railroad spur tract as follows; by turning thence to the left through a deflection angle of 63 degrees 02 minutes from the last described course and run northeasterly for a distance of 50 feet; thence turning to the left through a deflection angle of 3 degrees 50 minutes and run northeasterly for a distance of 50 feet; turn thence to the left through a deflection angle of 5 degrees 33 minutes and run northerly for a distance of 50 feet; turn thence to the left through a deflection angle of 5 degrees 34 minutes and run northerly for a distance of 63 feet; turn thence to the left through a deflection angle of 4 degrees 51 minutes and run northerly for a distance of 151.15 feet to the point of beginning.

Parcel 14.

All of Lot Three (3), the South half of Lot Two (2), and a strip of land 17 feet in width off of the entire North side of Lot Four (4), all in Block or Square One (1) of Dr. J. H. Rhodes Subdivision of Lots One (1), Two (2), Three (3), and Four (4) of Square Seventeen (17) North; according to the map or plat of said subdivision which is on file and of record in the office of the Chancery Clerk of Hinds county at Jackson, Mississippi, in Surveyor’s Record Book “A” at Page 303 thereof, reference to which is hereby made in aid of and as a part of this description.

Laws, 1994, ch. 487, § 1, eff from and after passage (approved March 22, 1994), provides as follows:

“SECTION 1. (1) The State Fair Commission, with the assistance of the Department of Finance and Administration, is authorized to acquire with any funds made available to the State Fair Commission by the Legislature, or by other sources, and upon the conditions hereinafter set forth, certain land located adjacent to the State Fairgrounds, in the City of Jackson, Mississippi. That certain land having the street address of 1000 Mississippi Street is more particularly described as follows:

“Lot Twelve (12), Square Two (2), of RHODES SUBDIVISION, and a strip of land 21 feet wide off the West side of the South 180 feet of Lot Five (5) of 5.94 acre Lot 17, North Jackson, according to a map or plat of said Rhodes Subdivision, and also according to the official map of the City of Jackson, Mississippi, both of which are recorded in the office of the Chancery Clerk of Hinds County, at Jackson, Mississippi.

“(2) Consideration for the purchase of the above described property shall not exceed the average of the fair market price for such real property as determined by two (2) professional property appraisers selected by the Department of Finance and Administration and certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board. Appraisal fees shall be paid by the State Fair Commission.”

Cross References —

Powers to Dept. of Finance and Administration, see §§31-11-3 et seq.

Validation of bonds, generally, see §§31-13-1 et seq.

Issuance of revenue bonds for improvements on state fair grounds, see §69-5-15.

§ 69-5-15. Revenue bonds; issuance for improvement on state fair grounds.

  1. The words “revenue bonds” shall be deemed to mean bonds payable solely from the net revenue received by the Mississippi Fair Commission.

    The Department of Finance and Administration shall have power and is hereby authorized, at one time or from time to time by resolution, to authorize the issuance of negotiable revenue bonds to provide funds for the purpose of paying all or any part of the cost of construction and/or improvements requested by the Mississippi Fair Commission pursuant to Section 69-5-13, or the cost of any purchase of property or improvements thereon pursuant to Section 17-17-49, but in no event shall the amount of such bonds outstanding at any one time exceed Four Million Dollars ($4,000,000.00); and shall cause a certified copy of such resolution to be delivered to the State Bond Commission. No bonds shall be issued under this section after April 23, 2008. Upon the receipt of said authorizing resolution, the State Bond Commission, acting as the issuing agent, shall issue and sell the revenue bonds of the State of Mississippi when authorized at the time and in the amount indicated in said resolution, prescribe the form of the bonds, advertise for and accept bids therefor, issue and sell the bonds, and do any and all other things necessary and advisable in the issuance and sale of said bonds. The principal of and the interest on such revenue bonds shall be payable solely from a special fund to be provided for that purpose from the net revenue received by the Mississippi Fair Commission. Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103, be payable at such place or places within or without the State of Mississippi, shall mature at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by the State Bond Commission. Such bonds shall mature in annual installments beginning not more than three (3) years from date thereof and extending not more than twenty (20) years from date thereof. Such bonds shall be signed by the Chairman of the State Bond Commission, or by his facsimile signature, and the official seal of the State Bond Commission shall be affixed thereto, and attested by the Secretary of the State Bond Commission. The interest coupons, if any, to be attached to such bonds or other certificates thereon may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.

  2. No bonds shall be issued under the authority of this section prior to February 1, 1983; thereafter such bonds may be issued provided that the expansion and other improvements of the Mississippi Industrial Showcase and Trade Mart Building shall have priority in the use of the proceeds of such bonds and provided that the Department of Finance and Administration has approved plans to increase the size of such building by at least fifty percent (50%).

HISTORY: Codes, 1942, § 4435-50.3; Laws, 1956, ch. 143, §§ 1-8; Laws, 1958, ch. 142; Laws, 1962, ch. 155; Laws, 1966, ch. 224, § 1; Laws, 1968, ch. 236, § 1; Laws, 1971, ch. 501, § 1; Laws, 1981, ch. 514, § 2; Laws, 1982, ch. 396, § 1; Laws, 1983, ch. 480, § 1; Laws, 1985, ch. 477, § 15; Laws, 2008, ch. 504, § 4, eff from and after passage (approved Apr. 23, 2008.).

Amendment Notes —

The 2008 amendment, in (1), in the first paragraph, substituted “Mississippi Fair Commission” for “State Fair Commission,” and in the second paragraph, substituted “Department of Finance and Administration” for “State Building Commission” in the first sentence, added the second sentence, and substituted “Mississippi Fair Commission” for “State Fair Commission” in the fourth sentence; and in (2), substituted “Department of Finance and Administration” for “State Building Commission.”

Cross References —

Establishment and duties of state bond advisory division, see §7-1-401 et seq.

Validation of bonds, generally, see §§31-13-1 et seq.

§ 69-5-17. Revenue bonds; sale, payment and redemption.

The State Bond Commission may sell the bonds referred to in Section 69-5-15 in such manner and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds shall be published at least one (1) time not less than twenty-one (21) days prior to the date of sale and shall be so published in one or more newspapers in Jackson, Mississippi, and having general circulation within the State of Mississippi, and in one or more other newspapers or financial journals as may be directed by the State Bond Commission.

The State Bond Commission, when issuing any bonds under the authority of Sections 69-5-11 through 69-5-27, shall provide that bonds maturing ten (10) years after the date of the issuance of such bonds may, at the option of the State Treasurer of the State of Mississippi, be called in for payment and redemption on any interest payment date thereafter prior to maturity.

HISTORY: Codes, 1942, § 4435-50.3; Laws, 1956, ch. 143, §§ 1-8; Laws, 1958, ch. 142; Laws, 1962, ch. 155; Laws, 1966, ch. 224, § 1; Laws, 1968, ch. 236, § 1; Laws, 1971, ch. 501, § 1; Laws, 1993, ch. 472, § 4, eff from and after passage (approved March 27, 1993).

Cross References —

Validation of bonds, generally, see §§31-13-1 et seq.

§ 69-5-19. Revenue bonds; disposition of proceeds; additional bonds in case of deficit.

The proceeds of bonds sold pursuant to Section 69-5-17 shall be paid into the state treasury to the credit of a special fund known as the State Fair Fund, and shall be used solely for payment of the cost of the project or combined projects, and shall be disbursed upon order of the State Building Commission under such restrictions, if any, as the resolution authorizing the issuance of the bonds may provide. Provided, however, that any surplus in the State Fair Fund over and above the requirements to meet the payments on outstanding bonds and interest thereon when due may, in the discretion of the State Bond Commission, be invested in United States Government bills, notes or bonds, Mississippi General Obligation Bonds, Mississippi Revenue Bonds, Mississippi State Highway Bonds, or in bonds of any municipality or any county in Mississippi; and, upon the sale thereof, the entire proceeds of the sale, including all earnings from the investment, shall be paid into the State Fair Fund. If the proceeds of bonds sold pursuant to Section 69-5-17, by error of calculation or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds, additional revenue bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the resolution authorizing the issuance of the bonds, shall be deemed to be one of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose; provided, that in no event shall the outstanding bonds total more than Seven Hundred Fifty Thousand Dollars ($750,000.00). If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which the bonds were issued, the surplus shall be paid into the fund established for the payment of the principal of and the interest on such bonds.

HISTORY: Codes, 1942, § 4435-50.3; Laws, 1956, ch. 143, §§ 1-8; Laws, 1958, ch. 142; Laws, 1962, ch. 155; Laws, 1966, ch. 224, § 1; Laws, 1968, ch. 236, § 1; Laws, 1971, ch. 501, § 1, eff from and after passage (approved April 8, 1971).

Editor’s Notes —

Section 31-11-1 provides that the term “State Building Commission” or “Building Commission” wherever it appears in the laws of Mississippi shall be construed to mean the Governor’s Office of General Services.

§ 69-5-21. Revenue bonds; state not obligated by issuance.

Revenue bonds issued under the provisions of Sections 69-5-15 and 69-5-19 shall not be deemed to constitute a debt of the State of Mississippi or a pledge of the full faith and credit of the state, but such bonds shall be payable solely from the special revenues provided therefor as hereinabove set forth, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or pledge any form of taxation whatever therefor, and all such bonds shall contain recitals on their face substantially covering the foregoing provisions of this section.

HISTORY: Codes, 1942, § 4435-50.3; Laws, 1956, ch. 143, §§ 1-8; Laws, 1958, ch. 142; Laws, 1962, ch. 155; Laws, 1966, ch. 224, § 1; Laws, 1968, ch. 236, § 1; Laws, 1971, ch. 501, § 1, eff from and after passage (approved April 8, 1971).

Cross References —

Validation of bonds, generally, see §§31-13-1 et seq.

§ 69-5-23. Revenue bonds; negotiability.

All bonds issued under the provisions of Sections 69-5-15 and 69-5-19 shall constitute negotiable instruments within the meaning of the Uniform Commercial Code of the State of Mississippi.

HISTORY: Codes, 1942, § 4435-50.3; Laws, 1956, ch. 143, §§ 1-8; Laws, 1958, ch. 142; Laws, 1962, ch. 155; Laws, 1966, ch. 224, § 1; Laws, 1968, ch. 236, § 1; Laws, 1971, ch. 501, § 1, eff from and after passage (approved April 8, 1971).

§ 69-5-25. Revenue bonds; sections constitute full authority for issuance; validation.

Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by Sections 69-5-13 through 69-5-25. The bonds authorized under the authority of said sections shall be validated in the chancery court of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, for the validation of county, municipal, school district, and other bonds. The necessary papers for such validation proceedings shall be transmitted to the State Bond Attorney by the secretary of the State Bond Commission, and the required notice shall be published in a newspaper in the City of Jackson, having a general circulation within the State of Mississippi. Any resolution providing for the issuance of revenue bonds under the provisions of Sections 69-5-13 through 69-5-25 shall become effective immediately upon its adoption by the State Building Commission and need not be published or posted, and any such resolution may be adopted at any regular, special, or adjourned meeting of the State Building Commission by a majority of its members.

HISTORY: Codes, 1942, § 4435-50.3; Laws, 1956, ch. 143, §§ 1-8; Laws, 1958, ch. 142; Laws, 1962, ch. 155; Laws, 1966, ch. 224, § 1; Laws, 1968, ch. 236, § 1; Laws, 1971, ch. 501, § 1, eff from and after passage (approved April 8, 1971).

Editor’s Notes —

Section 31-11-1 provides that the term “State Building Commission” or “Building Commission” wherever it appears in the laws of Mississippi shall be construed to mean the Governor’s Office of General Services.

§ 69-5-27. Mississippi Fair Commission authorized to borrow.

The Mississippi Fair Commission, created by Section 69-5-1, shall have the power and authority, in its discretion, to borrow money from any bank or banks in an amount not in excess of Two Hundred Thousand Dollars ($200,000.00), to be used for the repair, renovation or maintenance of buildings located at the Mississippi State Fairgrounds. The Fair Commission may use any funds accruing to it to service and retire said indebtedness. Such loan shall not exceed a term of ten (10) years and shall bear interest at a rate not in excess of that provided for in Section 75-17-101.

Any loan secured under the provisions of this section shall be approved by the State Bond Commission.

HISTORY: Codes, 1942, § 4435-50.3; Laws, 1956, ch. 143, §§ 1-8; Laws, 1958, ch. 142; Laws, 1962, ch. 155; Laws, 1966, ch. 224, § 1; Laws, 1968, ch. 236, § 1; Laws, 1971, ch. 501, § 1; Laws, 1986, ch. 442, eff from and after July 1, 1986.

§ 69-5-29. Free passes prohibited.

The Mississippi State Fair Commission may by regulation establish policies for the issuance of free passes. These policies shall not prohibit officials of the fair or designated authority from entering said places for inspection purposes; shall not apply to press reporters designated to report news items; and shall not prohibit the commission from declaring specified days, such as Press Day, Legislator’s Day, or any other special day.

HISTORY: Codes, 1942, § 4435-50.5; Laws, 1954, ch. 160, §§ 1, 2 [¶¶ 1-2]; Laws, 1985, ch. 331, eff from and after passage (approved March 15, 1985).

Cross References —

Powers and duties of State Fair Commission, see §69-5-3.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 69-5-31. Mississippi Fair Commission authorized to hire certain law enforcement officers to provide security on state fairgrounds; powers, duties and responsibilities of officers.

  1. The Mississippi Fair Commission is authorized to hire and designate area law enforcement officers on a contractual basis to provide security and to enforce all laws of the State of Mississippi on the Mississippi State Fairgrounds Complex. All officers must have attended and satisfactorily completed the training course required for law enforcement officers at the Law Enforcement Officer’s Training Academy or an equivalent facility. All officers must be current with this certification. A complete record of all law enforcement training of each employee will be maintained in each employee’s record of employment. Furthermore, the Mississippi Fair Commission may enter into a contract with any certified law enforcement officer to provide security to the Mississippi Fair Commission with jurisdiction to enforce all laws of the State of Mississippi on property known as the “Mississippi State Fairgrounds Complex” and any and all of its outlying buildings and property.
    1. All officers while in performance of their duty on the premises or at any of the facilities under the direction or control of the Mississippi State Fair Commission and public property immediately adjacent to such facilities shall:
      1. Be required to dress in uniforms prescribed by the Mississippi State Fair Commission; and
      2. Be authorized to carry weapons.
    2. Employees designated as officers shall be duly sworn and vested with authority to bear arms and make arrests, and shall exercise primarily the responsibilities of the prevention and detection of crime, the apprehension of criminals, and the enforcement of the ordinances and policies of the Mississippi State Fair Commission, a political subdivision of the State of Mississippi. Employees designated as such officers shall be considered law enforcement officers within the meaning of Section 45-6-3.

HISTORY: Laws, 2013, ch. 357, § 1, eff from and after passage (approved March 18, 2013).

Article 3. Stock Shows and Improvement of Livestock.

§ 69-5-101. Mississippi Livestock Show; creation; directors.

In order to encourage and promote the raising of livestock and dairy stock in the state, there is hereby created a body politic and corporate to be hereafter known as “Mississippi Livestock Show” which said body politic and corporate shall be under the management and control of the commissioner of agriculture and commerce, director of extension service, and president of Mississippi Livestock Council, hereinafter designated as directors, who shall serve without compensation.

HISTORY: Codes, 1942, § 4905; Laws, 1938, ch. 183; Laws, 1940, ch. 217; Laws, 1946, ch. 251, §§ 1-6; Laws, 1948, chs. 195 (paragraph 4, supra) 218 (paragraph 2, supra); Laws, 1968, ch. 244, § 1; Laws, 1971, ch. 346, § 1; Laws, 1972, ch. 359, § 1; Laws, 1973, ch. 300, § 1(a), eff from and after passage (approved January 22, 1973).

Cross References —

Mississippi State Fair Commission, see §§69-5-1 et seq.

Commission for agricultural and industrial expositions, see §§69-5-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The “Rules Committee” mentioned in rules and regulations of the Livestock Show Directors does not have authority to render final decisions related to livestock shows or to regulate participation in these shows. Spell, Sept. 23, 2005, A.G. Op. 05-0482.

RESEARCH REFERENCES

ALR.

Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show. 68 A.L.R.5th 599.

§ 69-5-103. Livestock show districts.

For the purposes of this article, the State of Mississippi is hereby divided into five (5) livestock show districts, as follows:

The Northwest District, which shall embrace the Counties of Coahoma, DeSoto, Grenada, Lafayette, Marshall, Panola, Quitman, Tallahatchie, Tate, Tunica and Yalobusha Counties. The place for holding the livestock show shall be at Batesville, in Panola County.

The North Delta District, which shall embrace the Counties of Attala, Bolivar, Carroll, Holmes, Humphreys, Issaquena, Leflore, Montgomery, Sharkey, Sunflower and Washington Counties. The place for holding the livestock show shall be at Greenwood, in Leflore County.

The Northeast District, which shall embrace the Counties of Alcorn, Benton, Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Noxubee, Oktibbeha, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster and Winston. The place for holding the livestock show shall be at Verona, in Lee County.

The Southwest District, which shall embrace the Counties of Adams, Amite, Claiborne, Copiah, Franklin, Hinds, Jefferson, Lawrence, Leake, Lincoln, Madison, Neshoba, Newton, Pike, Rankin, Scott, Simpson, Smith, Walthall, Warren, Wilkinson and Yazoo. The place for holding the livestock show shall be at Jackson, in Hinds County.

The Southeast District, which shall embrace the counties of Clarke, Covington, Forrest, George, Greene, Hancock, Harrison, Jackson, Jasper, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Marion, Pearl River, Perry, Stone and Wayne. The place for holding the livestock show shall be at Hattiesburg, in Forrest County.

HISTORY: Codes, 1942, § 4905; Laws, 1938, ch. 183; Laws, 1940, ch. 217; Laws, 1946, ch. 251, §§ 1-6; Laws, 1948, chs. 195 (paragraph 4, supra) 218 (paragraph 2, supra); Laws, 1968, ch. 244, § 1; Laws, 1971, ch. 346, § 1; Laws, 1972, ch. 359, § 1; Laws, 1973, ch. 300, § 1(b); Laws, 1995, ch. 370, § 1, eff from and after July 1, 1995.

RESEARCH REFERENCES

ALR.

Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show. 68 A.L.R.5th 599.

§ 69-5-105. Holding of livestock shows.

  1. There shall be held at the place named in each district a livestock show once each year at a time to be fixed by the directors, and under the supervision and rules and regulations promulgated by said directors at which the owners of livestock within the district where the livestock show is held may exhibit and compete for prizes or awards offered by the directors of such livestock shows or for prizes or awards offered by any person or corporation, through the directors, upon complying with the regulations governing such livestock show.
  2. If the building for holding the livestock show in the place designated in Section 69-5-103 is damaged or destroyed by fire, storm or other disaster, then the directors are authorized to allow for holding the show at another place in the district until building in the designated place be repaired or reconstructed.

HISTORY: Codes, 1942, § 4905; Laws, 1938, ch. 183; Laws, 1940, ch. 217; Laws, 1946, ch. 251, §§ 1-6; Laws, 1948, chs. 195 (paragraph 4, supra) 218 (paragraph 2, supra); Laws, 1968, ch. 244, § 1; Laws, 1971, ch 346, § 1; Laws, 1973, ch. 300, § 1(c, 9), eff from and after passage (approved January 22, 1973).

Cross References —

Mississippi State Fair Commission, see §§69-5-1 et seq.

Commission for Agricultural and Industrial Expositions, see §§69-5-1 et seq.

Spraying of animal areas at state fairs to prevent disease, see §69-15-103.

RESEARCH REFERENCES

ALR.

Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show. 68 A.L.R.5th 599.

§ 69-5-107. Dairy shows.

Dairy shows shall be held, in addition to the livestock shows, each fall at Verona in Lee County, at Newton in Newton County, Tylertown in Walthall County, and at Purvis in Lamar County, and each summer at the Neshoba County Fair in Neshoba County, and any person in the state is entitled to participate in any of the dairy shows. The dairy shows shall be supervised and handled in the same manner as provided for livestock shows in Section 69-5-105, and each of the five (5) dairy shows herein provided for shall receive such part of the monies appropriated for the Mississippi Livestock Show as shall be specified in the act making such appropriation.

HISTORY: Codes, 1942, § 4905; Laws, 1938, ch. 183; Laws, 1940, ch. 217; Laws, 1946, ch. 251, §§ 1-6; Laws, 1948, chs. 195 (paragraph 4, supra) 218 (paragraph 2, supra); Laws, 1968, ch. 244, § 1; Laws, 1971, ch. 346, § 1; Laws, 1972, ch. 359, § 1; Laws, 1973, ch. 300, § 1 (d); Laws, 1979, ch. 335, § 1; Laws, 1995, ch. 370, § 2; Laws, 2002, ch. 476, § 1; Laws, 2013, ch. 349, § 1, eff from and after passage (approved March 18, 2013).

Amendment Notes —

The 2013 amendment substituted “Purvis in Lamar County” for “Columbia in Marion County” preceding “and each summer at the Neshoba County Fair” in the first sentence.

Cross References —

Commission for Agricultural and Industrial Expositions, see §§69-5-1 et seq.

Mississippi State Fair Commission, see §69-5-1.

RESEARCH REFERENCES

ALR.

Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show. 68 A.L.R.5th 599.

§ 69-5-109. Roundup shows.

A roundup show shall be held, in addition to the livestock and dairy shows, once each year at a time and place to be fixed by the directors mentioned in Section 69-5-101, and under the supervision and rules and regulations promulgated by said directors. At such roundup show the owners of any livestock, who have won prizes or awards within the immediately preceding twelve months in any of the livestock or dairy shows referred to in this article may exhibit such livestock and compete for prizes or awards offered by the directors of such livestock shows or for prizes or awards offered by any person or corporation, through the directors, upon complying with the regulations governing such roundup show. The roundup shall be held in the district agreeing to pay the expense thereof.

HISTORY: Codes, 1942, § 4905; Laws, 1938, ch. 183; Laws, 1940, ch. 217; Laws, 1946, ch. 251, §§ 1-6; Laws, 1948, chs. 195 (paragraph 4, supra) 218 (paragraph 2, supra); Laws, 1968, ch. 244, § 1; Laws, 1971, ch. 346, § 1, eff from and after July 1, 1971.

Cross References —

Commission for Agricultural and Industrial Expositions, see §§69-5-1 et seq.

Mississippi State Fair Commission, see §69-5-1.

Spraying for animal areas at state fairs to prevent disease, see §69-15-103.

RESEARCH REFERENCES

ALR.

Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show. 68 A.L.R.5th 599.

§ 69-5-111. Prizes or awards.

The directors mentioned in Section 69-5-101 are hereby authorized to accept and hold for the use of the Mississippi Livestock Show or the dairy shows or the roundup show any appropriation, donation, or other fund donated to or to be awarded as prizes or awards under regulations promulgated by the directors.

HISTORY: Codes, 1942, § 4905; Laws, 1938, ch. 183; Laws, 1940, ch. 217; Laws, 1946, ch. 251, §§ 1-6; Laws, 1948, chs. 195 (paragraph 4, supra) 218 (paragraph 2, supra); Laws, 1968, ch. 244, § 1; Laws, 1971, ch. 346, § 1, eff from and after July 1, 1971.

RESEARCH REFERENCES

ALR.

Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show. 68 A.L.R.5th 599.

§ 69-5-113. Supervisors may appropriate money in aid of livestock shows.

The board of supervisors of any county in Mississippi is hereby authorized, in its discretion, to appropriate money out of the general fund of the county, not to exceed the sum of One Thousand Dollars ($1,000.00) annually, to aid in the payment of premiums and awards made and given by livestock shows located, held and operated in the livestock show district in which such county is embraced and included, as provided in Section 69-5-103, and to help defray the expenses of such livestock shows.

Any funds appropriated, as provided in the first paragraph hereof, may be paid over to the directors of such livestock show, or to the local committee in charge of such livestock show, as the board of supervisors may determine; and such funds shall be used in helping to pay for prizes or awards offered at such show and other expenses incurred in promoting and carrying out such livestock shows.

HISTORY: Codes, 1942, § 4907; Laws, 1940, ch. 210; Laws, 1979, ch. 335, § 2, eff from and after July 1, 1979.

§ 69-5-114. Certain livestock shows to be held at no charge for use of facilities

In any livestock facility constructed, renovated or expanded with funds from the grant program authorized under Section 18, Chapter 530, Laws of 1995, the members of the Future Farmers of America, the 4-H Club, the Junior Livestock Association, the Mississippi Cattlemen’s Association and the United States Pony Club, Inc., may hold up to three (3) animal or livestock shows or sales per year per facility at no charge for use of the facility or for utilities.

HISTORY: Laws, 1999, ch. 321, § 1; Laws, 2011, ch. 354, § 1; Laws, 2012, ch. 423, § 1; Laws, 2015, ch. 314, § 1, eff from and after July 1, 2015; Laws, 2018, ch. 316, § 1, eff from and after July 1, 2018.

Amendment Notes —

The 2011 amendment inserted “and the United States Pony Club, Inc.” preceding “may hold up to three (3) animal or livestock shows,” in the first sentence; and added last sentence.

The 2012 amendment extended the repealer provision from “July 1, 2012” to “July 1, 2015.”

The 2015 amendment inserted “the Mississippi Cattlemen’s Association” and extended the repealer provision from “July 1, 2015” to “July 1, 2018” in the last sentence; and made minor stylistic changes.

The 2018 amendment deleted the former last sentence, which read: “This section shall stand repealed on July 1, 2018.”

§ 69-5-115. Mississippi Delta Livestock Fair Association; creation; holding of livestock shows; prizes and awards.

In order to encourage and promote the raising of livestock in the State of Mississippi there is hereby created a body politic and corporate to be hereinafter known as “Mississippi Delta Livestock Fair Association,” which said body politic and corporate shall be under the management and control of the commissioner of agriculture and commerce, director of extension service, and president of the Mississippi Livestock Association, hereinafter designated as directors, who shall serve without compensation.

The Mississippi Delta Livestock Fair Association shall each year, at a time to be fixed by the directors, and under the supervision and rules and regulations promulgated by said directors, hold a livestock show at Greenwood in Leflore county, for the counties of Bolivar, Carroll, Coahoma, Holmes, Humphreys, Issaquena, Leflore, Sharkey, Sunflower, Washington, Yazoo, Tallahatchie, and Montgomery, at which the owners of livestock within said counties may exhibit and compete for prizes or awards offered by the directors of the said Mississippi Delta Livestock Fair Association, or for prizes or awards offered by any person or corporation through said directors, upon complying with the rules and regulations governing such livestock show.

No owner of livestock who has competed for a prize at any of the district livestock shows provided for in Section 69-5-105, during the current year, shall be eligible to compete for a prize at the show herein provided for in that year; and likewise, no one who competed for a prize at the show herein provided for during the current year shall be eligible to compete for a prize at any of the said district livestock shows during the current year.

The directors are hereby authorized to accept and hold for use at the Mississippi Delta Livestock Fair Association any appropriations, donations, or other funds designated to or to be awarded as prizes or awards under regulations promulgated by the directors.

HISTORY: Codes, 1942, § 4906; Laws, 1942, ch. 260.

§ 69-5-117. Mississippi Delta Livestock Fair Association; appropriations by supervisors.

The board of supervisors of any of the counties composing the Mississippi Delta Livestock Fair Association, as provided by Section 69-5-115, is authorized and empowered within its discretion to appropriate not exceeding fifteen hundred dollars per annum out of the general funds of such counties or as hereinafter provided for the purpose of maintaining and supporting the said Mississippi Delta Livestock Fair Association, and to aid in payment of premiums and awards given by livestock shows held by said association in said livestock district, and to help defray the expenses of such livestock shows; and any funds appropriated for the purpose herein provided may be appropriated by the board direct for the purpose herein mentioned, or the board may pay such funds direct to the directors of said livestock fair association, and said funds shall be used exclusively for the purpose herein mentioned; and if said funds are paid to the directors of said livestock fair association, then said funds shall be used exclusively by the directors of the livestock fair association for the purpose of maintaining and supporting the livestock fair association, and to aid in the payment of premiums and awards given by livestock shows held by said association in said district; and in the event said funds are appropriated and paid over to the directors of said association, it shall be the duty of said directors to keep a strict account of how such funds are used for that association, and they are hereby required to render to the board an itemized statement annually of all expenditures made by it under this section.

HISTORY: Codes, 1942, § 4906-01; Laws, 1944, ch. 252, § 1.

§ 69-5-119. Mississippi Delta Livestock Fair Association; supervisors may levy tax.

The board of supervisors of all counties in this state, composing the Mississippi Delta Livestock Fair Association as provided in Section 69-5-115 is authorized and empowered, in its discretion to levy annually a special tax of not exceeding one-fourth of a mill on the dollar, on all of the taxable property of the county, for the purpose of deriving sufficient funds for the purpose of maintaining and supporting the Mississippi Delta Livestock Fair Association, and to aid in the payment of premiums and awards given by livestock shows conducted by said association in said district, and to help defray the expenses of such livestock shows of said district. All revenue derived from such tax levy, shall be covered in a special fund of the county to be known as, “Mississippi Delta Livestock Fair Association Fund,” and shall be used exclusively for the purpose herein mentioned. However, the levy made under the terms of this section shall not be considered in making disbursements under Sections 27-33-1 through 27-33-65, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 4906-02; Laws, 1944, ch. 252, § 2.

§ 69-5-121. Bulls for breeding; maintenance by certain counties; defrayal of expenses.

  1. For the purpose of promoting, fostering and encouraging the upgrading and improving of livestock, any county with an assessed valuation of Fifteen Million Dollars ($15,000,000.00) or more, and designated as a place for the holding of a livestock show, by the provisions of Section 69-5-103, may upon the order of the board of supervisors purchase, keep, maintain or sell bulls for breeding purposes, but not more than five (5) such bulls may be owned by any such county at any one (1) time.
  2. The board of supervisors shall employ a proper and suitable person qualified by training and experience to aid, advise and assist livestock growers in the development of pastures, upgrading of livestock, or in any way helpful to encourage and promote the raising of livestock and who shall handle, care for, look after and be responsible for the bulls so bought, and such employee shall be charged with the duty of carrying out the provisions of this section in accordance herewith, and shall be paid such salary and expense as the board of supervisors may order, all of said sums to be paid out of the general funds of the county.
  3. Such bulls shall be placed at convenient locations over the county under suitable maintenance contracts for their care and upkeep, and shall be available at all reasonable times to farmers and stock growers upon the payment of a nominal charge for the purpose solely of assisting in defraying the expense of such care and upkeep, the amount of such fees governed solely by such maintenance costs, and to be fixed at the discretion of the board of supervisors.
  4. The board of supervisors shall make such rules and regulations for the services of said bulls as shall be for the best interests of the farmers and stock growers.
  5. The board of supervisors may set aside, appropriate and expend moneys from the general fund to pay the cost of employing such person and all expenses incidental to his employment and for the purchase of bulls for breeding purposes and to provide for the care and maintenance of such bulls and for defraying any and all expense necessary to carry out the intent of this section.

HISTORY: Codes, 1942, § 4907-01; Laws, 1944, ch. 248, §§ 1-5; Laws, 1986, ch. 400, § 47, eff from and after October 1, 1986.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 67 et seq.

Chapter 7. Markets and Marketing; Domestic Fish Farming

Article 1. State Marketing Commission [Repealed].

§§ 69-7-1 through 69-7-29. Repealed.

Repealed by Laws of 1981, ch. 325, § 1, effective from and after July 1, 1981.

§69-7-1. [Codes, 1942, § 4434-05; Laws, 1944, ch. 249, § 5; Laws, 1946, ch. 227, § 2]

§69-7-3. [Codes, 1942, § 4435-14; Laws, 1944, ch. 249, § 14]

§69-7-5. [Codes, 1942, § 4435-01; Laws, 1944, ch. 249, § 1]

§69-7-7. [Codes, 1942, § 4435-02; Laws, 1944, ch. 249, § 2; Laws, 1946, ch. 227, § 1]

§69-7-9. [Codes, 1942, § 4435-11; Laws, 1944, ch. 249, § 11]

§69-7-11. [Codes, 1942, § 4435-03; Laws, 1944, ch. 249, § 3]

§69-7-13. [Codes, 1942, § 4435-12; Laws, 1944, ch. 249, § 12]

§69-7-15. [Codes, 1942, § 4435-09; Laws, 1944, ch. 249, § 9]

§69-7-17. [Codes, 1942, § 4435-04; Laws, 1944, ch. 249, § 4]

§69-7-19. [Codes, 1942, § 4435-06; Laws, 1944, ch. 249, § 6; Laws, 1946, ch. 227, § 3]

§69-7-21. [Codes, 1942, § 4435-07; Laws, 1944, ch. 249, § 7]

§69-7-23. [Codes, 1942, § 4435-08; Laws, 1944, ch. 249, § 8; Laws, 1946, ch. 227, § 4]

§69-7-25. [Codes, 1942, § 4435-08.5; Laws, 1950, ch. 307, §§ 1-4]

§69-7-27. [Codes, 1942, § 4435-13; Laws, 1944, ch. 249, § 13]

§69-7-29. [Codes, 1942, § 4435-10; Laws, 1944, ch. 249, § 10]

Editor’s Notes —

Former §69-7-1 defined agricultural products.

Former §69-7-3 provided that §§69-7-1 through69-7-29 were cumulative and supplemental to other existing laws.

Former §69-7-5 created the state marketing commission.

Former §69-7-7 provided for appointment of members and their term of office on the state marketing commission.

Former §69-7-9 provided for payment of expenses and compensation for members of the state marketing commission.

Former §69-7-11 related to the headquarters and meeting place of the state marketing commission.

Former §69-7-13 pertained to meetings of the state marketing commission.

Former §69-7-15 related to records and reports of the state marketing commission.

Former §69-7-17 contained provisions as to the duties and powers of the state marketing commission.

Former §69-7-19 related to applications for grant of aid to agricultural and co-operative associations.

Former §69-7-21 related to a survey of need required by former §69-7-19.

Former §69-7-23 contained provisions for grant of aid.

Former §69-7-25 authorized additional grants of aid.

Former §69-7-27 related to appointment of inspectors to assist the state commissioner of agriculture and commerce in carrying out the provisions of former Article 1.

Former §69-7-29 established a state marketing commission fund.

Article 3. Mississippi Central Market Board.

§ 69-7-101. Central Market Board created.

For the purpose of aiding, establishing and providing proper facilities for the efficient handling of farm and other food products in the interest of farmer, consumer, the general public and the State of Mississippi, and to assist in the disposal and sale of such products, there is hereby created a Mississippi Central Market Board, hereinafter referred to as the “board.”

HISTORY: Codes, 1942, § 4435-31; Laws, 1946, ch. 177, § 1.

RESEARCH REFERENCES

Am. Jur.

52 Am. Jur. 2d, Markets and Marketing §§ 33 et seq.

§ 69-7-103. Members; appointment and term of office.

The board shall consist of the State Commissioner of Agriculture and Commerce, who shall be a member and ex officio chairman thereof, and four other members to be appointed by the Governor, one of whom shall be from each highway commissioner’s district and the fourth member from the state at large, all of whom shall be qualified electors of the State of Mississippi, one of whom shall be a wholesale groceryman dealing in fruits and vegetables, one a retail groceryman dealing in fruits and vegetables, one a farmer growing fruits and/or vegetables, and one a farmer producing poultry and eggs. In making the first appointments, the term of office of the farmer producing poultry and eggs shall be appointed for one year, the retail groceryman dealing in fruits and vegetables shall be appointed for two years, the farmer growing fruits and/or vegetables shall be appointed for three years, and the wholesale groceryman dealing in fruits and vegetables shall be for four years, and each of the successors shall thereafter be appointed for a term of four years. Vacancies on the board shall be filled by the Governor for the unexpired term.

HISTORY: Codes, 1942, § 4435-32; Laws, 1946, ch. 177, § 2.

§ 69-7-105. Meetings of the board; compensation of members.

The board shall meet at least once each quarter during the fiscal year and at such other times and places as it may adopt by rule or regulation, and may be called in special session upon notice mailed by the secretary not less than seven (7) days prior to the date of the meeting, but this requirement as to notice may be waived by consent of all members of the board. Three members of the board shall constitute a quorum for the transaction of business, and each member attending any meeting shall receive a per diem as is provided by Section 25-3-69, Mississippi Code of 1972, for each day, or part of a day, for each meeting, and actual expenses incurred attending meetings, except the commissioner of agriculture and commerce who shall receive no compensation for attending meetings.

No member of the board shall draw in salary and expenses a sum in excess of Seven Hundred Fifty Dollars ($750.00) in any fiscal year.

HISTORY: Codes, 1942, § 4435-36; Laws, 1946, ch. 177. § 6; Laws, 1972, ch. 360, § 1; Laws, 1981, ch. 399, § 1, eff from and after July 1, 1981.

§ 69-7-107. Headquarters; organization.

The board shall be domiciled at or near Jackson, Mississippi, and shall hold its first meeting in the office of the State Commissioner of Agriculture and Commerce, within ten days after the members have qualified for office by taking the oath of office as required by the constitution and filing the same in the office of the Secretary of State, for the purpose of organizing the board and adopting such rules and regulations for the future activities hereunder as may be necessary and proper to carry out the terms and provisions of this article.

HISTORY: Codes, 1942, § 4435-33; Laws, 1946, ch. 177, § 3.

§ 69-7-109. Powers and duties of the board.

The board shall have the power to:

Fix salaries of any authorized employees of the market;

Fix rentals and charges for each type of facility constructed in the market, taking into consideration the cost of such facility, the interest and amortization period required, a proper relationship between types of operators in the market, cost of operation, and the need for reasonable reserves, expansion and the like;

Make investigations and hold hearings and conferences necessary to formulate and adopt a financial building and operating program for a market and make revisions from time to time;

Make rules and regulations which shall govern all such business and all persons and vehicles coming upon the market;

Provide and enforce penalties and liquidated damages relative to breaches of such rules and regulations and any contracts entered into;

Lease the buildings and facilities to farmers, wholesale dealers and other persons engaged in the wholesale marketing of perishable farm products;

Determine and set the hours when the market may open and close during any day or night throughout the year;

Plan, build, construct or cause to be built or constructed, or lease any facilities, on the grounds under the control of the Mississippi Central Market Board, that are deemed necessary for the successful operation of a wholesale market for farm products;

Rent or lease any necessary property, real or personal, on the grounds under the control of the Mississippi Central Market Board, as may be deemed advisable by the board for the successful operation of the market. However, that before leasing or renting any property for use as a filling station or the sale of similar supplies and accessories, the board shall advertise and receive sealed bids therefor, and shall have the power to reject any and all of such bids, or to accept the highest and best bid made therefor, and the lessee shall erect such buildings and add such facilities as necessary to carry out the provisions of this article at the expense of the lessee in addition to any other monies paid as lease money to said board for the purpose of operating a service station. Such establishment shall not be tax exempt. No filling station shall be leased for a monthly rental less than One Cent (1¢) per gallon for each gallon of gasoline sold.

Employ an attorney as prescribed in Section 69-1-14.

The said board shall also have full power and authority to rent or lease real property, on the grounds under the control of the Mississippi Central Market Board, not otherwise used, for a period not to exceed twenty-five (25) years to private concerns for the purpose of processing agricultural products, and providing such facilities found necessary by the board to carry out the purposes of this article, and such facilities, structures, buildings, or other improvements erected or placed thereon by private concerns shall be subject to taxation the same as private property, provided, however, that improvements or facilities erected thereon for processing agricultural products shall not be assessed or taxed until five (5) years after completion of construction. The improvements and facilities erected on said leased property shall be liable for ad valorem taxes and shall be assessed and levied against said leasehold separately from the fee of said lands, and upon failure to pay taxes upon same when due, said facilities and improvements shall be sold by the tax collector as other property is sold for the nonpayment of taxes, but only such rights of the lessee under said lease contract shall be so sold. Upon the failure to pay taxes promptly when due on said lease, said board shall have the power to cancel and terminate said lease immediately and shall thereupon be authorized to lease or re-lease same to another private individual or concern as herein provided.

The provisions hereof regarding taxation shall not apply to those buildings, structures and facilities erected on said property by the board.

The central market board shall maintain or operate local market, after the local board or members of any local market have voted to transfer its activity to the state market board. However, such local market shall be in the sale of produce or farm products, and the central market board shall not be required to assume any outstanding indebtedness in connection with the acquisition of such local market facilities.

HISTORY: Codes, 1942, § 4435-37; Laws, 1946, ch. 177, § 7; Laws, 1948, ch. 190, §§ 1, 2; Laws, 1954, ch. 152; Laws, 1983, ch. 365, § 4, eff from and after July 1, 1983.

RESEARCH REFERENCES

Am. Jur.

52 Am. Jur. 2d, Markets and Marketing §§ 22, 36 et seq.

§ 69-7-111. State market manager; bond, duties, compensation.

The board is authorized to select an executive officer to be known as the state market manager, who shall have the ability to operate a large business and who shall have a knowledge of the problems of the growers and distributors and have had experience in the marketing of perishable vegetables. It shall be the duty of the state market manager to manage and control such market as may be established hereunder, subject to the supervision of the board, and to employ, subject to the approval of the board, such employees as may be necessary for the efficient and economical operation and maintenance of such market. The state market manager shall receive such salary as may be fixed by the Legislature, and shall devote his entire time and attention to the discharge of his duties as such manager. He shall attend all meetings of the board and be the secretary thereof and keep the minutes thereof, and shall have custody of its books, records, papers and accounts. The state market manager shall, before assuming the duties of his office, enter into a bond in the sum of Ten Thousand Dollars ($10,000.00) payable to the State of Mississippi conditioned upon the faithful performance of his or her duties.

HISTORY: Codes, 1942, § 4435-34; Laws, 1946, ch. 177, § 4; Laws, 1966, ch. 445, § 7, eff from and after July 1, 1966.

§ 69-7-113. State market manager to keep records and make reports.

The market manager shall keep, or have kept, records of all leases, rentals, sales, and expense items which shall be audited as other state records are audited. And he shall make, or cause to be made, a report of receipts and disbursements and other information pertaining to the operations of the market to each regular session of the Legislature.

HISTORY: Codes, 1942, § 4435-40; Laws, 1946, ch. 177, § 10.

§ 69-7-115. Acquisition of facilities, equipment, etc.

The board is hereby authorized subject to the approval of the building commission to acquire by purchase, donation, lease or condemnation, and for and in the name of the State of Mississippi, a suitable site or sites, accessible to highways and railroads and air terminal facilities, and to erect and install thereon such structures, facilities, and equipment as may be necessary for the inspection, grading, standardization, classification, refrigeration, processing and marketing of such products (for both food and feed), within the amount appropriated for such purposes by the Legislature and subject to the approval of the building commission.

HISTORY: Codes, 1942, § 4435-35; Laws, 1946, ch. 177, § 5.

Editor’s Notes —

Section 31-11-1 provides that the term “State Building Commission” or “Building Commission” wherever it appears in the laws of Mississippi shall be construed to mean the Governor’s Office of General Services.

Cross References —

Powers and duties of Dept. of Finance and Administration, see §31-11-3.

§ 69-7-117. Management and disposition of property.

  1. The Mississippi Central Market Board is authorized and empowered to assume jurisdiction of, and to administer any properties that may be acquired by the State of Mississippi for the use and benefit of said Mississippi Central Market Board, located at Prairie, Monroe County, Mississippi, and to administer the affairs of said properties in accordance with the authority conferred on said Mississippi Central Market Board by this article.
  2. The Mississippi Central Market Board is hereby authorized and empowered to lease, or rent, to any corporation, individual, partnership, municipality, county or political subdivision thereof, any part of the property under their jurisdiction, or which may hereafter come under their jurisdiction, located at Prairie, Monroe County, Mississippi, that cannot be used for the purposes as set forth in this article.
  3. The funds derived from any lease, or rental contract entered into under authority of this section shall be placed in the state treasury to the credit of the general fund of the state.
  4. The Mississippi Central Market Board shall not enter into any lease, or rental contract under authority of this section, until such lease, or rental contract has first been approved by the Agricultural and Industrial Board, and their approval of same entered upon their minutes.

HISTORY: Codes, 1942, § 4435-35.5; Laws, 1950, ch. 196, §§ 1-4.

Editor’s Notes —

Section 57-1-2 provides that the words “Agricultural and Industrial Board” shall mean the “Department of Economic and Community Development”.

Section 57-1-54 provides that the Mississippi Development Authority shall be the Department of Economic and Community Development, and that whenever the term “Mississippi Department of Economic and Community Development,” “Mississippi Department of Economic Development,” or any variation thereof, appears in any law the same shall mean the Mississippi Development Authority.

§ 69-7-119. Limitation on powers of board.

The board shall not have the power to:

acquire, construct, maintain or operate any market or facility which is not operated primarily for the purpose of purchasing and selling at wholesale;

engage in the purchase or sale of farm produce, except the leasing as a grower or produce dealer of a stall or store upon the market and such transactions as are ordinarily incidental thereto and at the same rental as like businesses pay.

HISTORY: Codes, 1942, § 4435-38; Laws, 1946, ch. 177, § 8.

§ 69-7-121. Central market fund.

All funds collected under this article shall be deposited in the State Treasury to the credit of Central Market Fund and shall be used solely for payment of the expenses of operation and maintenance of such market and facilities including the acquisition, leasing, maintenance and operation of local farm market facilities located at other points in the State of Mississippi as provided for herein, and for the employment of such production and marketing personnel as will, in the discretion of the Central Market Board, more effectively promote the operation of such market, on warrants issued according to law pursuant to payment vouchers signed by the chairman or his designee.

HISTORY: Codes, 1942, § 4435-39; Laws, 1946, ch. 177, § 9; Laws, 1954, ch. 152, § 2; Laws, 1985, ch. 342; Laws, 1991, ch. 312, § 1, eff from and after July 1, 1991.

Article 5. Poultry and Poultry Products.

§ 69-7-201. What constitutes “doing business”; resident agent; service of process.

For the purposes of this article, every person, firm, corporation, association or other legal entity who is engaged in hatching baby chicks and ratites, including baby ostrich, emu and rhea, for sale, distribution or under contract, either oral or written, for the production of ostrich, emu, rhea, broilers, laying hens, roosters or eggs, and every person, firm, partnership, corporation, association, or other legal entity, who procures the production of ostrich, emu, rhea, broilers, laying hens, roosters or eggs for sale, distribution or processing by contract with others, either oral or written, shall be considered “doing business” within the State of Mississippi, and every person, firm, corporation, association or other legal entity that is a nonresident of this state and who desires to “do business” within this state as covered by this article shall, as a condition precedent to obtaining a license hereunder, appoint or designate a resident of the State of Mississippi as agent for the service of process and shall file such appointment or designation with the Secretary of State. Thereafter, the service of summons upon the agent appointed or designated shall be sufficient to give the courts of this state jurisdiction of any cause of action arising under the terms of this article. Any person, firm, partnership, corporation, association or other legal entity who “does business” under the provisions of this article, whether under a license or otherwise, without appointing or designating an agent as herein required shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this state by service of process upon the Secretary of State.

HISTORY: Codes, 1942, § 4435-81; Laws, 1960, ch. 154, § 1; Laws, 1993, ch. 417, § 2; Laws, 1996, ch. 543, § 5, eff from and after July 1, 1996.

Cross References —

Duties of Secretary of State, generally, see §7-3-5.

Service of process upon agents of firms or corporations, generally, see §13-3-41.

For the rule governing the service of process upon persons listed in this statute, see Miss. R. of Civ. P. 4.

§ 69-7-203. License required; fees; renewals.

Every person, firm, partnership, association, corporation, or other legal entity in this state, engaged in the business of operating an incubator, or incubators, for hatching baby chicks and ratites, including baby ostrich, emu and rhea, for sale, distribution or under contract, either oral or written, for the production of ostrich, emu, rhea, broilers, laying hens, roosters or eggs for sale, distribution or processing by contract with others, either oral or written, is required to obtain a license to engage in such business from the Commissioner of Agriculture and Commerce of the State of Mississippi. The Commissioner of Agriculture and Commerce shall charge a fee of Five Dollars ($5.00) for such license and a like fee of Five Dollars ($5.00) for the renewal thereof, which license must be renewed annually on or before July 1 of each succeeding year. The fees charged for the license shall be paid by the commissioner to the State Treasurer, who shall deposit the same in the General Fund in the State Treasury. Strict accounting of all fees charged hereunder shall be made by the commissioner.

Nothing in this article shall be construed to require any person, firm, partnership, corporation, association, or other legal entity, who may be engaged in the businesses covered by this article wholly for themselves, or any person, firm, partnership, corporation, association, or other legal entity, who purchases his own flocks and becomes wholly responsible for the growing and feeding thereof, to obtain a license hereunder.

HISTORY: Codes, 1942, § 4435-82; Laws, 1960, ch. 154, § 2; Laws, 1970, ch. 255, § 3; Laws, 1993, ch. 417, § 3; Laws, 1996, ch. 543, § 6, eff from and after July 1, 1996.

Cross References —

Duties of Commissioner of Agriculture, generally, see §69-1-13.

OPINIONS OF THE ATTORNEY GENERAL

Based upon a factual situation presented regarding a typical grower/processor contract, a processor engaged in a grower/processor contract for the production of broilers or laying hens is required to obtain a license from the Department of Agriculture and Commerce as set forth in the statute. Spell, Jr., May 8, 2000, A.G. Op. #2000-0210.

A processor raising broilers or laying hens on his own land, paying all the costs of raising the birds, and employing a grower by way of a salary (thus making the grower an employee of the processor) is not required to be licensed with the Department of Agriculture and Commerce under the statute. Spell, Jr., May 8, 2000, A.G. Op. #2000-0210.

RESEARCH REFERENCES

Am. Jur.

1A Am. Jur. Pl & Pr Forms (Rev), Administrative Law, Form 341.2 (complaint, petition, or declaration – by license holder – against administrative agency – to enjoin further proceedings to suspend or revoke license – attempt to suspend or revoke license on grounds not listed in statute authorizing suspension or revocation of license.)

§ 69-7-205. Issuance and renewal or refusal of license.

The commissioner of agriculture and commerce is hereby authorized, empowered and directed to promulgate proper rules and regulations for the issuance of the license and for the renewal thereof, and for the preparation of the proper forms to be used, and the commissioner shall, to the best of his ability, inquire into the financial responsibility of every applicant for license and shall diligently endeavor to determine such applicants’ business reputation. Should the investigation made by the commissioner indicate insolvency of the applicant and such applicant is unable to establish the proof of his financial responsibility by furnishing proper credit references and financial statements, he may furnish to the commissioner copies of any contracts he may have with other allied and related businesses that would justify the commissioner in issuing the license. Otherwise, the commissioner shall not issue the license to any person who cannot reasonably establish his financial responsibility to carry out any contract he may propose to enter into.

HISTORY: Codes, 1942, § 4435-83; Laws, 1960, ch. 154, § 3, eff from and after passage (approved May 10, 1960).

§ 69-7-207. Application for license.

The Commissioner of Agriculture and Commerce shall prescribe and furnish the necessary and proper forms for an application for a license required by Section 69-7-203, and such application form must be signed by the applicant, under oath, as to the correctness of the information furnished therein. Any applicant who shall knowingly furnish any false or fraudulent information for the purpose of obtaining a license hereunder, when such application has been duly and properly signed under oath, shall be guilty of perjury and subject to the penalties therefor.

HISTORY: Codes, 1942, § 4435-84; Laws, 1960, ch. 154, § 4, eff from and after passage (approved May 10, 1960).

§ 69-7-209. Appeal from refusal to grant license.

Any person feeling aggrieved with the decision of the commissioner of agriculture and commerce in refusing to grant a license hereunder shall have recourse by an appeal to the chancery court of Hinds County, Mississippi, by petition filed within thirty days from the date of final refusal to issue such license. The chancery court of Hinds County shall have and it is hereby given full jurisdiction of such appeal and it may enter any appropriate orders therein in term time or in vacation.

HISTORY: Codes, 1942, § 4435-83; Laws, 1960, ch. 154, § 3, eff from and after passage (approved May 10, 1960).

Cross References —

Jurisdiction of chancery court, generally, see §9-5-81.

§ 69-7-211. Injunctions.

Should any person continue to operate such business without having complied with the provisions of this article, the commissioner of agriculture and commerce is authorized to file petition for an injunction in the chancery court of the district where the violator may reside, or in the district where the violation occurred. The chancery court shall have and it is hereby given full jurisdiction to hear and determine the petition and enter any and all appropriate orders in term time and in vacation.

HISTORY: Codes, 1942, § 4435-85; Laws, 1960, ch. 154, § 5, eff from and after passage (approved May 10, 1960).

Cross References —

Jurisdiction of chancery court, generally, see §9-5-81.

Application for license, see §69-7-207.

§ 69-7-213. Penalties.

Any person who continues the operation of any of the businesses for which a license is required under the provisions of this article, without having complied with the provisions hereof, shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed Five Hundred Dollars ($500.00).

HISTORY: Codes, 1942, § 4435-85; Laws, 1960, ch. 154, § 5, eff from and after passage (approved May 10, 1960).

Cross References —

Jurisdiction of chancery court, generally, see §9-5-81.

Application for license, see §69-7-207.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Article 6. Egg Marketing Board.

Editor’s Notes —

Laws, 1979, ch. 346, § 14, provided that Sections 69-7-251 through 69-7-275 would stand repealed from and after July 1, 1987. Subsequently, Laws, 1987, ch. 506, § 14, advanced the repeal date to July 1, 1991. Thereafter, Laws, 1991, ch. 331, § 14, amended Laws, 1987, ch. 506, § 14, deleting the provision for the repeal of Sections 69-7-251 through 69-7-275. However, Laws, 1991, ch. 331, § 15, added a new section, 69-7-277, which provided for the prospective repeal of Sections 69-7-251 through 69-7-275. Section 69-7-277 was itself subsequently repealed by Laws, 1996, ch. 475, § 14, eff from and after July 1, 1996.

§ 69-7-251. Definitions.

As used in this article, the terms defined in this section shall have the meanings herein given to them, except where the context expressly indicates otherwise:

“Board” means the Mississippi Egg Marketing Board.

“Person” means every person, partnership, firm, company, association, corporation or legal entity engaged in the production or sale of eggs in the state.

“Eggs” means pullet and hen eggs only.

“Handler” and “dealer” means any person engaged within the state as a wholesale distributor in the business of distributing eggs in Mississippi regardless of where the eggs are produced.

“Producer” means any person engaged in the business of producing eggs in Mississippi, either as an owner or as an officer or stockholder of a business engaged in producing eggs in Mississippi, or any person deriving a profit from such a business.

“Ship” or “shipping” means to move or cause to move eggs in intrastate or interstate or foreign commerce by rail, truck, boat, airplane or any other means.

“Shipper” means any person engaged in shipping or causing to be shipped eggs in intrastate or interstate or foreign commerce, whether owner, agent or otherwise.

“Case” means a standard case of thirty (30) dozen eggs.

HISTORY: Laws, 1973, ch. 427, § 1; Laws, 1976, ch. 374, § 1; Laws, 1979, ch. 346, § 1; Laws, 1981, ch. 308, §§ 1, 14; reenacted, Laws, 1983, ch. 314, § 1; reenacted, Laws, 1987, ch. 506, § 1; reenacted, Laws, 1991, ch. 331, § 1; reenacted without change, Laws, 1996, ch. 475, § 1, eff from and after July 1, 1996.

Cross References —

Inapplicability of “producer” to person who performs services of caring for chickens and related services for contractor or employer, see §69-7-275.

§ 69-7-253. Board continued; membership; terms; vacancies.

There is hereby continued the Mississippi Egg Marketing Board with domicile at the capital city of the state. The board shall be composed of five (5) members: one (1) member shall be the Commissioner of Agriculture and Commerce as ex officio member. One (1) member shall be an egg producer as defined in this article. Three (3) members shall be employed by or associated with egg industry related businesses, or disciplines which include poultry support, marketing, promotion, home economist, extension poultry science agencies and the Mississippi Department of Agriculture and Commerce. No more than one (1) industry-related business or discipline member shall be employed by, associated with or have a financial interest in the same company or subsidiary.

The Governor shall appoint the members from a list provided by the board based upon a poll of its members. The terms shall be for six (6) years. Each member shall serve, after the completion of his term, until his successor is appointed and duly qualified. Each vacancy shall be filled by appointment for the unexpired term.

The terms of office of persons appointed under the original act shall continue until the expiration of the terms to which they were appointed, the intent of this article being to continue the Mississippi Egg Marketing Board.

HISTORY: Laws, 1973, ch. 427, § 2; Laws, 1976, ch. 374, § 2; Laws, 1979, ch. 346, § 2; Laws, 1981, ch. 308, § 2; reenacted, Laws, 1983, ch. 314, § 2; reenacted and amended, Laws, 1987, ch. 506, § 2; reenacted, Laws, 1991, ch. 331, § 2; reenacted without change, Laws, 1996, ch. 475, § 2; Laws, 2000, ch. 422, § 1; Laws, 2008, ch. 357, § 1, eff from and after passage (approved Mar. 26, 2008.).

Amendment Notes —

The 2008 amendment, in the second paragraph, combined the former first and second sentences into the present first sentence by deleting “with the advice and consent of the Senate. The Governor shall appoint a member” following “shall appoint the members,” and deleted “of not more than three (3) producers and not less than three (3) individuals representing egg industry related businesses or disciplines” following “from a list.”

§ 69-7-255. Quorum; oath; compensation; board a body corporate; powers.

A majority of the members of the board shall constitute a quorum for the transaction of all business and the carrying out of the duties of the board. Each member shall subscribe to the oath of office prescribed for state officers. No member shall receive any salary, but each member shall receive per diem compensation as authorized in Section 25-3-69, and shall be reimbursed for expenses in the manner and amount specified in Section 25-3-41.

The Mississippi Egg Marketing Board shall be and is hereby declared and created a corporate body. The board shall have the power to contract and be contracted with, and shall have and possess all the powers of a body corporate for all purposes necessary for fully carrying out the provisions of this article. The board shall adopt a corporate seal by which it shall authenticate its proceedings. Copies of the proceedings, records and acts of the board and certificates purporting to relate the facts concerning such proceedings, records and acts signed by the chairman of the board and authenticated by said seal shall be prima facie evidence thereof in all the courts of the state.

HISTORY: Laws, 1973, ch. 427, § 3; Laws, 1976, ch. 374, § 3; Laws, 1979, ch. 346, § 3; Laws, 1981, ch. 308, § 3; reenacted and amended, Laws, 1983, ch. 314, § 3; reenacted, Laws, 1987, ch. 506, § 3; reenacted, Laws, 1991, ch. 331, § 3; reenacted without change, Laws, 1996, ch. 475, § 3, eff from and after July 1, 1996.

Cross References —

Uniform per diem compensation of officers and employees of state boards, commissions and agencies, see §25-3-69.

§ 69-7-257. Administration of article; rules and regulations.

Except for the collections of the proceeds of the assessment levied hereunder, which shall be collected by the Commissioner of Agriculture and Commerce, the administration of this article shall be vested in the Mississippi Egg Marketing Board. The board shall prescribe reasonable rules and regulations for the enforcement of the provisions of this article.

HISTORY: Laws, 1973, ch. 427, § 4; Laws, 1976, ch. 374, § 4; Laws, 1981, ch. 308, § 4; reenacted, Laws, 1983, ch. 314, § 4; reenacted, Laws, 1987, ch. 506, § 4; reenacted, Laws, 1991, ch. 331, § 4; reenacted without change, Laws, 1996, ch. 475, § 4, eff from and after July 1, 1996.

§ 69-7-259. General powers and duties of board.

The powers and duties of the board shall include, but be not limited to, the following:

To elect a chairman and vice chairman and, from time to time, such other officers as it may deem advisable, and when necessary, to alter, rescind, modify or amend the rules and regulations necessary for the exercise of its powers and the performance of its duties. Such rules and regulations shall have the force and effect of law when not inconsistent therewith.

Employ such personnel as it deems necessary to carry out the purposes of this article, and to fix and pay the salaries thereof, including technical and professional services on a fee basis when necessary.

Make such advertising contracts and other agreements as it deems appropriate, including, particularly, cooperative agreements with other advertisers of similar allied products.

Make cooperative agreements with the Mississippi Department of Agriculture and Commerce and the Research and Marketing Administration of the United States Department of Agriculture and other associations, public or private, for conducting consumer and producer and dealer information as to the food value of eggs, and also for instruction on grades and packs and how to evaluate their merits in order to expand the market for Mississippi produced eggs. The board may use as much of its funds as it deems necessary for matching moneys available from the Research and Marketing Administration of the United States Department of Agriculture or of any agencies of the state or political subdivision thereof.

Keep books, records and accounts of all its proceedings, which shall be open to inspection and audit by the State Auditor at all times.

To purchase or authorize the purchase of all office equipment and supplies and to incur all other reasonable and necessary expenses and obligations necessary to carry out the purposes of this article.

Investigate and cause to be prosecuted any violators of this article.

Suspend, revoke or take other disciplinary action involving the licenses issued under the provisions of this article.

HISTORY: Laws, 1973, ch. 427, § 5; Laws, 1976, ch. 374, § 5; Laws, 1981, ch. 308, § 5; reenacted, Laws, 1983, ch. 314, § 5; reenacted, Laws, 1987, ch. 506, § 5; reenacted, Laws, 1991, ch. 331, § 5; reenacted without change, Laws, 1996, ch. 475, § 5, eff from and after July 1, 1996.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts, ” “State Auditor, ” and “Auditor ” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

RESEARCH REFERENCES

Am. Jur.

1A Am. Jur. Pl & Pr Forms (Rev), Administrative Law, Form 341.2 (complaint, petition, or declaration – by license holder – against administrative agency – to enjoin further proceedings to suspend or revoke license – attempt to suspend or revoke license on grounds not listed in statute authorizing suspension or revocation of license.)

§ 69-7-261. Commodity advertising, publicity, consumer information and sales promotion.

The board shall plan and conduct campaigns for commodity advertising, publicity, consumer information and sales promotion to increase consumption of eggs and may contract for any advertising, publicity, consumer information and sales promotion services. To accomplish such purposes, the board shall have power and it shall be the duty of the board to disseminate information:

Relating to eggs and the importance thereof in the diet of the people in preserving public health, economy thereof and the importance of eggs in the nutrition of children.

On the various economic aspects relating to the business of producing and marketing eggs in Mississippi.

To decide upon some distinctive and suggestive emblem for Mississippi produced eggs, and to promote the use of same in the advertisement of Mississippi eggs.

HISTORY: Laws, 1973, ch. 427, § 6; Laws, 1976, ch. 374, § 6; Laws, 1979, ch. 346, § 6; Laws, 1981, ch. 308, § 6; reenacted, Laws, 1983, ch. 314, § 6; reenacted, Laws, 1987, ch. 506, § 6; reenacted, Laws, 1991, ch. 331, § 6; reenacted without change, Laws, 1996, ch. 475, § 6, eff from and after July 1, 1996.

§ 69-7-263. Assessment on eggs; costs of inspections; utilization of proceeds of assessment.

There is hereby imposed and levied an assessment at a rate not to exceed Three Cents (3¢) per case on all eggs produced in Mississippi wherever distributed or marketed and on all eggs marketed in Mississippi wherever distributed or produced. The rate of assessment shall be determined by the board. At the time of the sale, the egg producer shall provide evidence that all assessments provided herein have been paid. However, if the first sale of the eggs is made to a dealer or distributor, the producer shall pay to the dealer or the distributor the amount of the assessment owed; whereupon the dealer or distributor to whom such payment is made shall remit the assessment to the Commissioner of Agriculture and Commerce in accordance with the rules and regulations established and promulgated by the board. The board or the commissioner shall have the power to cause any duly authorized agent or representative to enter upon the premises of any dealer or handler of eggs and examine, or cause to be examined by such agent, any books, papers and records which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this article.

All costs incurred by the board or the commissioner in examining or causing the examination of such books, papers and records shall be taxed against the dealer or handler. Cost shall be assessed at the rate of One Hundred Dollars ($100.00) per day or fraction thereof for each agent conducting the examination. Travel expenses shall be assessed in the manner and amount specified in Section 25-3-41, and other expenses shall be assessed at actual cost. All costs taxed against a dealer or handler for the examination of books, papers and records shall be paid within fifteen (15) days from the date such notice of cost is mailed to the dealer or handler.

The proceeds of the assessment levied under this article shall be collected by the Commissioner of Agriculture and Commerce in such manner and method as shall be prescribed by him in accordance with the provisions of this article. The funds derived from the assessment shall be paid into the State Treasury on or before the fifteenth day of each month and shall be deposited in a special fund in the State Treasury, which shall be established by the State Treasurer to the credit of the Mississippi Egg Marketing Board, and such funds shall be used by the board solely for the administration of this article. All costs, expenses and obligations incurred by the board for its operation and carrying out the purposes of this article shall be paid out of the special fund herein provided for after expenditures thereof shall have been authorized by the Legislature. Provided further, that the Mississippi Egg Marketing Board shall render to the Mississippi Legislature a detailed annual report of all collections and expenditures of the moneys collected under the provisions of this article. Any egg producer may request and receive a refund of the amount of assessment paid for the previous reporting period, provided he makes a written application with the Mississippi Egg Marketing Board within sixty (60) days from date of payment supported by bona fide copy of payment voucher and copy of canceled check. The application forms shall be prepared by the board and shall be available at the request of the producer. All such applications shall be processed and refunds paid within sixty (60) days after the funds have been received by the board.

HISTORY: Laws, 1973, ch. 427, § 7; Laws, 1976 ch. 374, § 7; Laws, 1979, ch. 346, § 7; Laws, 1981, ch. 308, § 7; reenacted, Laws, 1983, ch. 314, § 7; reenacted and amended, Laws, 1987, ch. 506, § 7; reenacted, Laws, 1991, ch. 331, § 7; reenacted without change, Laws, 1996, ch. 475, § 7, eff from and after July 1, 1996.

§ 69-7-265. Records and reports of dealers and handlers.

Every dealer or handler shall keep a complete and accurate record of all eggs handled by him. Such records shall be in such form and contain such other information as the board shall, by rule or regulation, prescribe. The records shall be preserved by said dealers or handlers for a period of one (1) year and shall be offered for inspection at any time upon oral or written demand by the board, the Commissioner of Agriculture and Commerce, or any duly authorized agent or representative of either.

Every dealer or handler, at such time or times as the board or the Commissioner of Agriculture and Commerce may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed under this article.

HISTORY: Laws, 1973, ch. 427, § 8; Laws, 1976, ch. 374, § 8; Laws, 1979, ch. 346, § 8; Laws, 1981, ch. 308, § 8; reenacted, Laws, 1983, ch. 314, § 8; reenacted, Laws, 1987, ch. 506, § 8; reenacted, Laws, 1991, ch. 331, § 8; reenacted without change, Laws, 1996, ch. 475, § 8, eff from and after July 1, 1996.

§ 69-7-267. Licenses.

Every person owning over three thousand (3,000) hens, or who is engaged or who engages in the business of selling eggs to a retailer who retails eggs in the State of Mississippi shall prior to offering for sale or selling eggs to a retailer, secure a license for such business from the Commissioner of Agriculture and Commerce, which license shall first be approved by the board. Applications for licenses shall be on forms furnished by the Department of Agriculture and Commerce, and shall show the name and address of the applicant and such other information as to identity, kind and type of business engaged in as the commissioner shall deem pertinent. Each license application shall be accompanied by a fee of Fifty Dollars ($50.00). All licenses issued shall expire on June 30 each year. The license may be revoked or suspended by the board for violation of any provision of this article or rules and regulations duly promulgated by the board for the enforcement of this article, or for the violation of any laws of the State of Mississippi pertaining to producing, grading, classifying or marketing eggs in Mississippi or regulations of the State Department of Agriculture and Commerce duly promulgated for such purposes. For the first offense, the license may be suspended for a period of not more than thirty (30) days; for the second offense, the license may be suspended for not more than sixty (60) days; for the third offense, the license may be suspended for not more than one (1) year. For any subsequent offense, the license may be suspended for any period, or may be revoked. Such disciplinary action shall be the result of not less than board action. Any person against whom such disciplinary action has been taken may apply to the board for a hearing in order to show cause why the disciplinary action shall not be taken. Such petition for a hearing shall act as supersedeas of the disciplinary action until such time as the board shall give the applicant an opportunity for a hearing; provided, however, that if such hearing is granted and any continuation or delay is the result of the action of the applicant, the supersedeas shall not continue past the date set by the board for such hearing.

Application for reinstatement of a revoked license may be made upon expiration of the period of revocation or if permanently revoked, then after twelve (12) months from date of said revocation. Each reinstatement application shall be accompanied by a reinstatement fee of Fifty Dollars ($50.00). All licenses shall be valid until suspended or revoked as herein provided or until cancelled by the licensee. Licenses shall not be transferable. Proceeds from the license fees collected under this article shall be transmitted to the State Treasurer for credit to the special fund as provided for elsewhere in this article.

HISTORY: Laws, 1973, ch. 427, § 9; Laws, 1976, ch. 374, § 9; Laws, 1979, ch. 346, § 9; Laws, 1981, ch. 308, § 9; reenacted, Laws, 1983, ch. 314, § 9; reenacted and amended, Laws, 1987, ch. 506, § 9; reenacted, Laws, 1991, ch. 331, § 9; reenacted without change, Laws, 1996, ch. 475, § 9, eff from and after July 1, 1996.

§ 69-7-269. Producers prohibited from distributing eggs on which assessment not paid; payment of assessment by dealer.

No egg producer with over three thousand (3,000) hens nor any egg handler or dealer shall sell or offer for sale any lot of eggs produced, distributed or marketed in Mississippi upon which the assessment imposed herein has not been paid. The assessment imposed herein shall be paid at such time or times as is fixed by the board. In the event such assessment is paid by any dealer who is not a producer, the dealer may bill the producer of such eggs in the amount of the assessment paid by him.

HISTORY: Laws, 1973, ch. 427, § 10; Laws, 1976, ch. 374, § 10; Laws, 1979, ch. 346, § 10; Laws, 1981, ch. 308, § 10; reenacted, Laws, 1983, ch. 314, § 10; reenacted and amended, Laws, 1987, ch. 506, § 10; reenacted, Laws, 1991, ch. 331, § 10; reenacted without change, Laws, 1996, ch. 475, § 10, eff from and after July 1, 1996.

§ 69-7-271. Civil penalties.

Any dealer or handler who fails to file a report or to pay any assessment within the time required by the board shall forfeit to the commissioner a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of such amount for each month of delay or fraction thereof after the first month after such report was required to be filed or such assessment became due. The commissioner, if satisfied that the delay was excusable, may remit all or any part of such penalty. The penalty shall be paid to the commissioner and shall be disposed of by him in the same manner as funds derived from the payment of the assessment imposed herein.

The commissioner shall collect the penalties levied herein, together with the delinquent assessment, by any or all of the following methods:

By voluntary payment by the person liable;

By legal proceedings instituted in a court of competent jurisdiction;

By injunctive relief to enjoin any dealer or handler or other person owing such assessment and/or penalties from operating his business or engaging in business as a dealer or handler of eggs until the delinquent assessment and/or penalties are paid.

HISTORY: Laws, 1973, ch. 427, § 11; Laws, 1976, ch. 374, § 11; Laws, 1979, ch. 346, § 11; Laws, 1981, ch. 308, § 11; reenacted, Laws, 1983, ch. 314, § 11; reenacted, Laws, 1987, ch. 506, § 11; reenacted, Laws, 1991, ch. 331, § 11; reenacted without change, Laws, 1996, ch. 475, § 11, eff from and after July 1, 1996.

§ 69-7-273. Criminal penalties.

Any person required to pay the assessment provided for in this article who refuses to allow full inspection of the premises, or any books, records or other documents relating to the liability of such person for the assessment herein imposed, or who shall hinder or in any way delay or prevent such inspection, or who shall fail or refuse to properly and timely pay all costs incurred by the board or the commissioner in conducting such examinations, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not to exceed one (1) year, or both.

Whoever violates any other provision of this article or any rule or regulation of the board pursuant thereto shall be guilty of a misdemeanor. Upon conviction of a first offense, he shall be punished by a fine not to exceed One Hundred Dollars ($100.00); upon a second offense, a fine not to exceed Five Hundred Dollars ($500.00); and upon a third or subsequent offense, a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not to exceed thirty (30) days, or both.

HISTORY: Laws, 1973, ch. 427, § 13; Laws, 1976, ch. 374, § 12; Laws, 1979, ch. 346, § 12; Laws, 1981, ch. 308, § 12; reenacted, Laws, 1983, ch. 314, § 12; reenacted and amended, Laws, 1987, ch. 506, § 12; reenacted Laws, 1991, ch. 331, § 12; reenacted without change, Laws, 1996, ch. 475, § 12, eff from and after July 1, 1996.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 69-7-275. Application.

The provisions of this article shall not apply to any egg producer who has less than three thousand (3,000) laying hens, nor to any eggs produced and also used for hatching purposes, nor eggs produced or purchased for further processing by egg breaking plants.

For the purposes of this article, anyone not the owner of the chickens or eggs who performs the services of caring for the chickens, gathering the eggs and related services for a contractor or employer, and who does not otherwise engage in distribution or sale of such eggs, shall be excepted from the provisions of this article, shall not be considered as a “producer” as defined herein, and shall not be liable for any assessments provided herein.

HISTORY: Laws, 1973, ch. 427, § 12; Laws, 1976, ch. 374, § 13; Laws, 1979, ch. 346, § 13; Laws, 1981, ch. 308, § 13; reenacted, Laws, 1983, ch. 314, § 13; reenacted, Laws, 1987, ch. 506, § 13; reenacted, Laws, 1991, ch. 331, § 13; reenacted without change, Laws, 1996, ch. 475, § 13, eff from and after July 1, 1996.

§ 69-7-277. Repealed.

Repealed by Laws of 1996, ch. 475, § 14, eff from and after July 1, 1996.

[En Laws, 1991, ch. 331, § 15, eff from and after July 1, 1991]

Editor’s Notes —

Former §69-7-277 was a repealer for §§69-7-251 through69-7-275. See Editor’s note at the beginning of the article.

Article 7. Egg Marketing.

§§ 69-7-301 through 69-7-319. Repealed.

Repealed by Laws of 1972, ch. 532, § 12, eff from and after July 1, 1972.

§69-7-301. [Codes, 1942, § 4435-30.19; Laws, 1966, ch. 223, § 9]

§69-7-303. [Codes, 1942, § 4435-30.11; Laws, 1966, ch. 233, § 1]

§69-7-305. [Codes, 1942, § 4435-30.12; Laws, 1966, ch. 223, § 2]

§69-7-307. [Codes, 1942, § 4435-30.13; Laws, 1966, ch. 223, § 3]

§69-7-309. [Codes, 1942, § 4435-30.14; Laws, 1966, ch. 223, § 4]

§69-7-311. [Codes, 1942, § 4435-30.16; Laws, 1966, ch. 223, § 6]

§69-7-313. [Codes, 1942, § 4435-30.17; Laws, 1966, ch. 223, § 7]

§69-7-315. [Codes, 1942, § 4435-30.18; Laws, 1966, ch. 223, § 8]

§69-7-317. [Codes, 1942, § 4435-30.15; Laws, 1966, ch. 223, § 5]

§69-7-319. [Codes, 1942, § 4435-30.20; Laws, 1966, ch. 223, § 10]

Editor’s Notes —

Former §69-7-301 exempted producers selling their own production from the provisions of this article. Comparable provisions now appear in §69-7-321.

Former §69-7-303 prescribed minimum requirements for eggs offered for sale. Comparable provisions now appear in §69-7-323.

Former §69-7-305 related to the weight and size requirements for eggs. Comparable provisions now appear in §69-7-325.

Former §69-7-307 required egg marketing containers to describe contents thereof. Comparable provisions now appear in §69-7-327.

Former §69-7-309 related to marketing agents, maintenance of egg handling facilities, and the effect of failure to keep facilities in proper working order. Comparable provisions now appear in §69-7-329.

Former §69-7-311 authorized the commissioner of agriculture and commerce and his agents to enter premises where eggs were stored. Comparable provisions now appear in §69-7-331.

Former §69-7-313 empowered the commissioner of agriculture and commerce to enforce provisions of former §§69-7-301 through69-7-319. For current powers are to enforcement of provisions, see §§69-7-333.

Former §69-7-315 authorized the commissioner of agriculture and commerce to issue regulations. Comparable provisions now appear in §69-7-335.

Former §69-7-317 authorized the commissioner of agriculture and commerce to issue “stop sale order”. Comparable provisions now appear in §69-7-337.

Former §69-7-319 related to penalties for violating provisions of former §§69-7-301 through69-7-317. For current provisions applicable to §§69-7-321 et seq., see §69-7-339.

§ 69-7-321. Producers selling own production exempt from article; exemptions under federal “Eggs Products Inspection Act”.

Producers selling eggs of their own production, when offered on their own premises, or selling less than six (6) dozen eggs per week, are exempt from the provisions of this article.

All eggs, egg products, egg handlers and egg producers which are exempt under the provisions of U. S. Public Law 91-597, commonly referred to as the “Egg Products Inspection Act”, or the regulations pertaining thereto, shall likewise be exempt from the provisions of this article to the same extent that such eggs, egg products, egg handlers, and egg producers are exempt from said Public Law 91-597 and the regulations pertaining thereto.

The name and address of the producer, packer or distributor shall appear on the container.

HISTORY: Codes, 1942, § 4435-30.39; Laws, 1972, ch. 532, § 9, eff from and after July 1, 1972.

Federal Aspects—

United States Public Law 91-597, referred to in this section, is codified generally at 21 USCS §§ 1031.

§ 69-7-323. Minimum requirements for eggs offered for sale.

No person, firm, organization or corporation shall sell, offer for sale, or advertise for sale shell eggs that do not meet the minimum requirements for U. S. Consumer Grade AA, Grade A, or Grade B. Any change in the U. S. standards of quality for individual eggs made by the U. S. Department of Agriculture not conforming to the above designated standards shall be adopted in lieu of the above designated standards.

HISTORY: Codes, 1942, § 4435-30.31; Laws, 1972, ch. 532, § 1, eff from and after July 1, 1972.

§ 69-7-325. Weight and size requirements of eggs.

The net weight and size requirements that are now or may hereafter be established by the U. S. Department of Agriculture for shell eggs shall apply to all eggs sold, offered for sale or advertised for sale by any person, firm, organization or corporation. The grade and size shall appear in all advertisements.

HISTORY: Codes, 1942, § 4435-30.32; Laws, 1972, ch. 532, § 2, eff from and after July 1, 1972.

§ 69-7-327. Egg marketing containers to describe contents.

Any container or subcontainer in which eggs are marketed to consumers shall bear on the outside portion of the container, but shall not be limited to, the following:

The applicable consumer grade provided for in this article.

The applicable size or weight class provided for in this article.

The word “eggs.”

The numerical count of the contents.

The name and address of the producer, packer or distributor.

The date the eggs were graded applied legibly to the carton or on the tape used to seal the carton. Such date shall be expressed as the consecutive day of the year.

The words “keep refrigerated” or words of similar meaning.

Words and numerals used to designate the grade and size shall be in clearly legible bold-faced type at least three-eighths (3/8) inch in height.

Any person intending to reuse a carton shall obscure any inappropriate labeling thereon and relabel the carton in accordance with this section prior to refilling the carton with eggs.

HISTORY: Codes, 1942, § 4435-30.33; Laws, 1972, ch. 532, § 3; Laws, 2000, ch. 371, § 1, eff from and after July 1, 2000.

§ 69-7-329. Marketing agents; maintenance of egg handling facilities.

Any person, business, cooperative, partnership, corporation or the like engaged in the marketing, processing, transporting, storing, displaying for sale or selling of eggs shall, in addition to maintaining all such egg handling facilities in a manner commensurate with laws governing food establishments, keep the eggs at an ambient temperature no greater than forty-five (45) degrees Fahrenheit.

HISTORY: Codes, 1942, § 4435-30.34; Laws, 1972, ch. 532, § 4; Laws, 2000, ch. 371, § 2, eff from and after July 1, 2000.

§ 69-7-331. Commissioner of Agriculture and Commerce and his agents authorized to enter premises where eggs are sold.

In carrying out the provisions of this article, the Commissioner of Agriculture and Commerce, his employees or agents are authorized to enter, on any business day, during the usual hours of business, any store, market or any other building or place where eggs are sold or offered for sale and to make such examination as is necessary to determine the quality and size of eggs sold or offered for sale.

HISTORY: Codes, 1942, § 4435-30.36; Laws, 1972, ch. 532, § 6, eff from and after July 1, 1972.

§ 69-7-333. Commissioner of Agriculture and Commerce to enforce article.

The powers of enforcement of this article shall be vested in the Commissioner of Agriculture and Commerce of the State of Mississippi.

HISTORY: Codes, 1942, § 4435-30.37; Laws, 1972, ch. 532, § 7, eff from and after July 1, 1972.

Cross References —

Duties of commissioner of agriculture and commerce generally, see §69-1-13.

§ 69-7-335. Commissioner of Agriculture and Commerce to promulgate regulations.

The Commissioner of Agriculture and Commerce of Mississippi is authorized to make and promulgate such regulations as may be necessary to carry out the provisions of this article.

HISTORY: Codes, 1942, § 4435-30.38; Laws, 1972, ch. 532, § 8, eff from and after July 1, 1972.

Cross References —

Duties of commissioner of agriculture and commerce generally, see §69-1-13.

§ 69-7-337. Commissioner of Agriculture and Commerce may issue “stop sale order.”

If an authorized representative of the Commissioner of Agriculture and Commerce shall determine, after inspection, that any lot of eggs is in violation of this article, he may issue a “stop sale order” as to such lot or lots of eggs and forthwith notify the owner or custodian of such eggs. Such order shall specify the reason for its issuance. A stop sale order shall prohibit the further marketing of the eggs subject to it until such eggs are released by the Commissioner of Agriculture and Commerce or his duly authorized agent.

HISTORY: Codes, 1942, § 4435-30.35; Laws, 1972, ch. 532, § 5, eff from and after July 1, 1972.

§ 69-7-339. Penalties for violations.

Every person, firm, corporation or organization who by himself or itself, or by his or its agents or employees violates any of the provisions of this article, or the regulations made under this article for carrying out its provisions, or who fails or refuses to comply with any of the requirements of this article, or who willfully interferes with the Commissioner of Agriculture and Commerce, his employees or agents in the carrying out of his duties prescribed in this article, shall for each offense be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding Twenty-five Dollars ($25.00) nor less than Five Dollars ($5.00) for the first offense, not exceeding Fifty Dollars ($50.00) nor less than Twenty-five Dollars ($25.00) for the second, nor exceeding Two Hundred Dollars ($200.00) nor less than One Hundred Dollars ($100.00) for the third and all following offenses, and all costs for each and every offense.

HISTORY: Codes, 1942, § 4435-30.40; Laws, 1972, ch. 532, § 10, eff from and after July 1, 1972.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Article 9. Vegetable Marketing.

§ 69-7-401. Marketing committee and districts.

A committee is hereby created to consist of seven members, four of whom shall be producers of vegetables and three of whom shall be handlers of vegetables, to be nominated and appointed as herein provided, from the following described districts:

District No. 1 shall be composed of Beat No. 5 of Copiah County and all of Simpson County and shall be represented by two producers and one handler.

District No. 2 shall be composed of Beats No. 1, No. 2 and No. 3 of Copiah County and all of the counties of Jefferson, Lincoln and Lawrence, and shall be represented by one producer and one handler.

District No. 3 shall be composed of Beat No. 4 of Copiah County and all of the counties of Hinds, Rankin and Claiborne, and shall be represented by one producer and one handler.

On or before March fifteenth of each year, the committee then serving shall call meetings and select a committee as herein authorized, the members of which shall serve for a period of one year beginning April first of each year, or until their successors have been appointed. A vacancy from any cause shall be filled in the same manner. Members shall serve without compensation.

HISTORY: Codes, 1942, § 4526; Laws, 1940, ch. 312.

Cross References —

Agricultural exemptions from sales tax, see §27-65-103.

RESEARCH REFERENCES

Am. Jur.

18 Am. Jur. 2d, Cooperative Associations §§ 21 et seq.

§ 69-7-403. Additional districts and committee.

A committee is hereby created to consist of nine members, six of whom shall be producers of fruits or vegetables and three of whom shall be handlers of fruits or vegetables, to be nominated and appointed as herein provided, from the following described districts:

District No. 1 shall be composed of Lamar County and shall be represented by one producer.

District No. 2 shall be composed of Stone County and shall be represented by one producer.

District No. 3 shall be composed of Perry County and shall be represented by one producer.

District No. 4 shall be composed of Jefferson Davis County and shall be represented by one producer.

District No. 5 shall be composed of Covington County and shall be represented by one producer.

District No. 6 shall be composed of a combination of all of the above named counties, and shall be represented by four handlers selected from the counties at large.

Committee members provided for in this section shall be chosen at meetings of growers or shippers held prior to March 15th of each year, such meetings to be called by the committee then serving. Members shall serve for a period of one year beginning April 1st, each year and shall serve without compensation. Any vacancy shall be filled in the same manner as the selection of a member.

HISTORY: Codes, 1942, § 4531; Laws, 1942, ch. 256.

§ 69-7-405. Regulation of marketing.

Whenever either the committee created by Section 69-7-401 or the committee created by Section 69-7-403 deems it advisable to regulate the marketing of fresh vegetables in any manner considered by them to be helpful to the industry during any specified period, it may so recommend in writing to the commissioner of agriculture and commerce. At the time of submitting such recommendations the committee shall furnish to the commissioner of agriculture and commerce all pertinent data and information upon which it acted in making such recommendations, along with such other data and information as the commissioner of agriculture and commerce may request.

Based upon the recommendation of the committee created for the districts under consideration and upon the information submitted in connection therewith, and upon other available data, the commissioner of agriculture and commerce may regulate the marketing of fresh vegetables produced in the area defined by this article, for any specified period, by regulating the handling of any vegetable produced in the districts defined in Section 69-7-401 or Section 69-7-403 in one or more of the following manners:

By prohibiting unfair methods of competition and unfair trade practices in the purchase or sale thereof.

By limiting the grade, size, and maturity of any vegetable which each handler may purchase from or handle on behalf of any and all producers thereof during any specified period or periods.

Providing that any vegetable or any grade, size or quality thereof shall be purchased or sold or offered for sale by the handlers thereof only at prices filed by such handlers in the manner provided in such regulation.

Providing for the regulating of the handling of any vegetable in the same manner and for the same period in effect under any federal marketing agreement.

Specifying standard containers which may be used in the purchase or sale of any vegetables.

Requiring that all containers used in the sale of any vegetable shall be plainly marked with the grade and size of the contents therein.

With respect to the districts defined in Section 69-7-401, in order to provide proper maturity requiring that no vegetable may be sold prior to a date fixed in the regulation without permission from the commissioner of agriculture and commerce.

With respect to the districts defined in Section 69-7-403, in order to provide proper maturity requiring that no vegetable may be sold prior to a date fixed in the regulation.

The commissioner of agriculture and commerce shall immediately make publication for the issuance of any such regulations.

HISTORY: Codes, 1942, §§ 4527, 4532; Laws, 1940, ch. 312; Laws, 1942, ch. 256.

Cross References —

Duties of commissioner, generally, see §69-1-13.

Authority of commissioner of agriculture to establish grades and standards of farm products, see §69-1-19.

Agricultural districts, see §69-7-403.

RESEARCH REFERENCES

ALR.

Validity and construction of provision for liquidated damages in contract with co-operative marketing association. 12 A.L.R.2d 130.

Am. Jur.

52 Am. Jur. 2d, Markets and Marketing §§ 33 et seq.

§ 69-7-407. Commissioner of Agriculture and Commerce to enforce regulations.

The Commissioner of Agriculture and Commerce shall have authority and police power to enforce any and all regulations issued pursuant thereto.

HISTORY: Codes, 1942, §§ 4528, 4533; Laws, 1940, ch. 312; Laws, 1942, ch. 256.

Cross References —

Duties of commissioner, generally, see §69-1-13.

§ 69-7-409. Penalties.

Every person, who by themselves, their agents or employees, violates any of the provisions of this article or any regulations issued under the provisions of this article shall for each offense be deemed guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fine not exceeding $25.00, nor less than $5.00 or 30 days in jail for the first offense; not exceeding $50.00 nor less than $40.00 or 60 days in jail for the second offense; not exceeding $200.00 nor less than $100.00 or 90 days in jail or both for the third and all following offenses, and all costs for each and every offense.

HISTORY: Codes, 1942, §§ 4529, 4534; Laws, 1940, ch. 312; Laws, 1942, ch. 256.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Article 11. Domestic Fish Farming.

§ 69-7-501. Definitions.

In recognition of the fact that domestic fish farming has become an important part of the agricultural economy of this state, the Legislature hereby determines and declares that whenever any of the statutes, laws, or regulations promulgated pursuant thereto, shall use any of the following terms, such terms so used and when used, shall be deemed and construed to include within the common or statutory definition thereof, the following:

The term “agriculture” or “agricultural pursuit” or any similar term shall include the cultivation, growing, harvesting and/or marketing of domesticated fish.

The term “cultivated crop” shall include domesticated fish which are grown, managed or harvested on an annual, semiannual, biennial or short interval basis.

The term “livestock” shall include domesticated fish which are grown, managed, harvested and/or marketed as a cultivated crop.

The term “domesticated fish” shall be understood to mean any fish that are spawned and grown, managed, harvested and marketed on an annual, semiannual, biennial or short term basis, in privately owned waters.

HISTORY: Codes, 1942, § 4435-91; Laws, 1964, ch. 235, §§ 1, 2, eff from and after passage (approved June 11, 1964).

Cross References —

Tax on sales of aerators to domestic fish farmers, see §27-65-17.

Cooperative aquatic products marketing associations, see §§79-21-1 et seq.

Mississippi Aquaculture Act of 1988, see §§79-22-1 et seq.

§ 69-7-503. Construction of article.

This article shall not be construed to permit the sale of any fish prohibited from being sold by law, but shall be supplementary thereto.

HISTORY: Codes, 1942, § 4435-91; Laws, 1964, ch. 235, §§ 1, 2, eff from and after passage (approved June 11, 1964).

Article 13. Catfish Marketing.

§ 69-7-601. Short title.

This article shall be known as the “Mississippi Catfish Marketing Law of 1975.”

HISTORY: Laws, 1975, ch. 308, § 1; reenacted without change, Laws, 2010, ch. 304, § 1, eff from and after passage (approved Feb. 17, 2010.).

Amendment Notes —

The 2010 amendment reenacted the section without change.

Cross References —

Mississippi Catfish Processor Fair Practices Act, see §§69-7-651 et seq.

Requirement that catfish processors use certain weighing device for weighing farm-raised catfish, see §69-7-701.

Mississippi Aquaculture Act of 1988, see §§79-22-1 et seq.

Federal Aspects—

National Aquaculture Act of 1980, see 16 USCS §§ 2801 et seq.

§ 69-7-602. Legislative findings.

The Legislature finds that aquaculture sales and consumption have increased worldwide and that the use of antibiotics or chemicals not approved for use in food-producing animals in the United States is permitted in aquaculture in other countries and that consumers of aquaculture in Mississippi should be provided clear information as to where the aquaculture product originates from to protect the health and welfare of Mississippi consumers; and the Legislature also finds that food-misrepresentation or the passing off of less expensive aquaculture products as pricier aquaculture products to unknowing customers and retailers has become an issue in the marketplace and is a deceitful practice used on consumers and retailers alike and that consumers and retailers should be informed of the country and species of fish.

HISTORY: Laws, 2008, ch. 449, § 1; reenacted without change, Laws, 2010, ch. 304, § 2, eff from and after passage (approved Feb. 17, 2010.).

Amendment Notes —

The 2010 amendment reenacted the section without change.

§ 69-7-603. Administration.

This article shall be administered by the Commissioner of Agriculture and Commerce.

HISTORY: Laws, 1975, ch. 308, § 2, eff 180 days from and after passage (approved February 14, 1975); reenacted without change, Laws, 2010, ch. 304, § 3, eff from and after passage (approved Feb. 17, 2010.).

Editor’s Notes —

This section was reenacted without change by ch. 304, § 3.

Amendment Notes —

The 2010 amendment reenacted the section without change.

§ 69-7-605. Definitions.

For purposes of this article, the following terms shall have the meaning ascribed herein unless the context otherwise requires:

“Capable of use as human food” means and shall apply to any catfish or part or product thereof unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food, or unless it is naturally inedible by humans.

“Catfish” means any species within the family Ictaluridae.

“Commissioner” means the Commissioner of Agriculture and Commerce of the State of Mississippi.

“Direct retail sale” means the sale of catfish products individually or in small quantities directly to the consumer.

“Distributor” means any person offering for sale, exchange or barter any catfish product destined for direct retail sale in the State of Mississippi.

“Farm-raised Catfish” means the catfish product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture and includes fillets, steaks, nuggets and any other flesh from a “Farm-raised Catfish.”

“Fish” means species of fish similar to catfish in the families of Siluridae, Clariidae and Pangasiidae.

“Food service establishment” means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge or other similar facility operated as an enterprise engaged in the business of selling food to the public.

“Label” means a display of written, printed or graphic matter upon or affixed to the container in which a catfish product is offered for direct retail sale.

“Labeling” means all labels and other written, printed or graphic matter upon a catfish product, or any of its containers or wrappers, offered for direct retail sale.

“Menu” means any listing of food and beverage options for a diner or customer to select from regardless of its form.

“Pay pond” means a circumscribed body of water owned by a person and operated solely for recreational fishing purposes on a commercial basis for profit.

“Person” includes any individual, partnership, corporation and association or other legal entity.

“Processor” means any person engaged in handling, storing, preparing, manufacturing, packing or holding catfish products.

“Producer” means any person engaged in the business of harvesting catfish, by any method, intended for direct retail sale.

“Product” means any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof, except products which contain catfish only in small proportions or historically have not been, in the judgment of the commissioner, considered by consumers as products of the United States commercial catfish industry and which are exempted from definition as a catfish product by the commissioner under such conditions as he may prescribe to assure that the catfish or portions thereof contained therein are not adulterated and that such products are not represented as catfish products.

“Product name” means the name of the catfish item intended for retail sale which identifies it as to kind, class or specific use.

“Retailer” means any person offering for sale catfish products to individual consumers and representing the last sale prior to human consumption and includes food service establishments unless otherwise stated herein.

“River or Lake Catfish” means the catfish product has been produced in a freshwater lake, river or stream but has not been produced according to the usual and customary techniques of commercial aquaculture.

“Wholesaler” means any person offering for sale any catfish product destined for direct retail sale in the State of Mississippi.

HISTORY: Laws, 1975, ch. 308, § 3, eff 180 days from and after passage (approved February 14, 1975); Laws, 2002, ch. 506, § 1; Laws, 2004, ch. 377, § 1; Laws, 2008, ch. 449, § 2; reenacted without change, Laws, 2010, ch. 304, § 4, eff from and after passage (approved Feb. 17, 2010.).

Amendment Notes —

The 2004 amendment deleted “or the family Anarhichadidae” at the end of (b).

The 2008 amendment added (f) through (h), (k) and (s), deleted former (n), which provided a definition of “Restaurant,” and redesignated former (f) and (g) as present (i) and (j), former (h) through (m) as present ( l ) through (q), former (o) as present (r), and former (q) as present (t); and substituted “and includes food service establishments unless otherwise stated herein” for “except that restaurants and other eating establishments are hereby excluded” at the end of (o).

The 2010 amendment reenacted the section without change.

Cross References —

Mississippi Catfish Processor Fair Practices Act, see §§69-7-651 et seq.

§ 69-7-607. Labeling of catfish and fish products; notice of country of origin; method of notification; record-keeping audit trail; commissioner authorized to inspect businesses for compliance; exceptions.

  1. Notice of country of origin.
    1. General requirements:

      1. In case of “Farm-raised Catfish or Farm-raised Fish,” it is hatched, raised, harvested and processed in the United States;

      2. In case of “River or Lake Catfish or River or Lake Fish,” it is:

      a. Harvested in waters of the United States, a territory of the United States or a state, including the waters thereof; and

      b. Processed in the United States, a territory of the United States or a state, including the waters thereof;

      1. All retailers of catfish and fish products, as defined in Section 69-7-605, shall inform consumers, at the final point of sale of the catfish or fish to the consumers, of the country of origin of the catfish or fish;
      2. United States country of origin. A retailer of catfish or fish products may designate the catfish or fish as having a United States country of origin only if:
      3. Farm-raised and River or Lake Catfish, Farm-raised and River or Lake Fish. The notice of country of origin for “Farm-raised Catfish,” or “Farm-raised Fish,” and “River or Lake Catfish” or “River or Lake Fish” shall distinguish between “Farm-raised Catfish” and “River or Lake Catfish” or “Farm-raised Fish” and “River or Lake Fish.”
    2. Method of notification.

      1. The information required by paragraph (a) of subsection (1) of this section may be provided to consumers by means of a label, stamp, mark, placard or other clear and visible sign on the catfish or fish or on the package, display, holding unit or bin containing the catfish or fish at the final point of sale to consumers.

      2. If the catfish or fish is already individually labeled for retail sale regarding country of origin, the retailer shall not be required to provide any additional information to comply with this section.

      1. Retailers.
      2. Food service establishments. The information required by paragraph (a) of subsection (1) of this section shall be provided to the consumer on the menu of the food service establishment. For foreign or imported catfish or fish, the information shall be adjacent to the item on the menu and printed in the same font style and size as the item. If the food service establishment offers for sale only catfish or fish having a United States country of origin, then the food service establishment may generally disclose this in a prominent location in the food service establishment in lieu of disclosure on the menu. The signage disclosing the sale of catfish or fish having a United States country of origin, that is to be placed in a prominent location in the food service establishment, shall be approved by the Mississippi Department of Agriculture and Commerce, which shall be held harmless in a cause of action for a retail or food service establishment’s failure to disclose or fraudulent disclosure. Any liability arising from failure to disclose country of origin shall remain with the wholesaler and the retail or food service establishment.
    3. The commissioner may require that any person that prepares, stores, handles or distributes catfish or fish for retail sale maintain a verifiable record-keeping audit trail that permits the commissioner to verify compliance with this law and any regulations promulgated hereunder.
    4. Any distributor or wholesaler engaged in the business of supplying catfish or fish to a retailer or food service establishment shall provide information to the retailer or food service establishment indicating the country of origin of the catfish or fish. The information shall include certification of origin through a state or federal agency that regulates the processing of catfish or fish or through a federal agency that verifies that catfish or fish and/or other products produced in countries other than the United States meets similar sanitation requirements.
  2. Any advertising as to any catfish or fish product shall state the information required in paragraph (a) of subsection (1) of this section.
  3. The term “catfish” shall not be used as a common name or in the label name of fish product except as provided in this section.
  4. The commissioner shall have authority to enter the premises of any wholesaler, processor, distributor, retailer or any other person selling catfish or fish products in order to determine compliance with this article.
  5. This section shall not apply to catfish or fish products exported out of the United States.

HISTORY: Laws, 1975, ch. 308, § 4, eff 180 days from and after passage (approved February 14, 1975); Laws, 2002, ch. 506, § 2; Laws, 2004, ch. 377, § 2; Laws, 2008, ch. 449, § 3; reenacted without change, Laws, 2010, ch. 304, § 5; Laws, 2013, ch. 371, § 1, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in (1)(b)(ii), inserting the words “to disclose” after the word “failure” so that “food service establishment’s failure or fraudulent disclosure” will read as “food service establishment’s failure to disclose or fraudulent disclosure,” in the next-to-last sentence. The Joint Committee ratified the correction at its August 5, 2008, meeting.

Amendment Notes —

The 2004 amendment deleted former (1)(d) pertaining to Ocean Catfish; deleted “or Ocean Catfish” following “Imported Catfish” in (3) and (4); and made minor stylistic changes.

The 2008 amendment rewrote the section.

The 2010 amendment reenacted the section without change.

The 2013 amendment inserted all references to “and fish,” “or fish,” “Farm-raised Fish,” “River or Lake Fish” and “Farm-raised and River or Lake Fish” throughout the section; inserted “as defined in Section 69-7-605” in (1)(a)(i), and deleted “as indicated by a stamp or seal” following “shall be approved” in the next-to-last sentence of (1)(b)(ii).

Cross References —

Mississippi Aquaculture Act of 1988, see §§79-22-1 et seq.

§ 69-7-608. Misrepresentation in use of term “catfish”; regulation and inspection of retail and food service establishments; notice of violation; penalties.

  1. The term “catfish” shall not be used as a common name or used to advertise, distribute or label any fish or fish product except for those species within the definition of catfish in Section 69-7-605.
  2. It is unlawful to use the term “catfish” in the advertising, distributing, labeling or selling of any of those species within the family of Siluridae, Clariidae and Pangasiidae or any other fish not within the definition of catfish in Section 69-7-605.
    1. The commissioner shall regulate and inspect retail and food service establishments under this article.
    2. The commissioner shall notify, in writing, any retailer or food service establishment violating this article and shall give the retailer or food service establishment three (3) days to correct the violation. No penalties under this article shall apply to any retailer or food service establishment that corrects the violation within three (3) days from the date notified by the commissioner.
  3. In addition to any other civil or criminal penalties, any person who violates any of the provisions of this chapter or who otherwise misrepresents as catfish any fish or fish product not defined as catfish under this article shall be punished by a fine of not more than One Thousand Dollars ($1,000.00). For a second offense, a person shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00). For any subsequent violations, a person shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by having the license for the retail or food establishment suspended indefinitely or until such establishment has corrected the violation, or both. Any person against whom a complaint is made or who has been made subject to a fine or license suspension as provided by this subsection, may avail themselves of a due process administrative hearing as provided by Section 69-7-616.

HISTORY: Laws, 2002, ch. 506, § 3; Laws, 2008, ch. 449, § 4; reenacted without change, Laws, 2010, ch. 304, § 6, eff from and after passage (approved Feb. 17, 2010.).

Amendment Notes —

The 2008 amendment rewrote (3) and (4).

The 2010 amendment reenacted the section without change.

Cross References —

Notice requirements regarding country of origin of catfish and catfish products, see §69-7-607.

§ 69-7-609. Information as to origin of catfish products.

All distributors, processors or wholesalers of catfish products, distributing or selling catfish products, shall provide information to each person, firm or corporation to whom they distribute or sell catfish products for resale as to the labeling information required in subsection (1) of Section 69-7-607.

HISTORY: Laws, 1975, ch. 308, § 5; Laws, 2004, ch. 377, § 3; Laws, 2008, ch. 449, § 5; reenacted without change, Laws, 2010, ch. 304, § 7, eff from and after passage (approved Feb. 17, 2010.).

Amendment Notes —

The 2004 amendment deleted “or Ocean Catfish” following “Imported Catfish”; and made a minor stylistic change.

The 2008 amendment substituted “the labeling information required” for “whether such catfish product is “Farm-raised Catfish,” “River or Lake Catfish” or “Imported Catfish” as such terms are defined.”

The 2010 amendment reenacted the section without change.

§ 69-7-610. Identification by distributors, processors and wholesalers of catfish types upon request of commissioner; public disclosure of purchasers of catfish from distributors, processors and wholesalers.

  1. All distributors, processors or wholesalers of catfish or other fish products, distributing or selling catfish or other fish products, shall provide information to the commissioner or his representative, upon request, and to each retailer to which such distributor, processor or wholesaler distributes or sells catfish or other fish products as to whether such product is Farm-raised Catfish, River or Lake Catfish, Imported Catfish, or Other Fish a Product of (country of origin). In addition, any wholesaler or distributor shall provide his sales and purchases records of catfish and other fish upon request by the commissioner. Other fish includes those fish in the taxonomic family of Siluridae, Clariidae and Pangasiidae.
  2. The commissioner may disclose to the public the names and addresses of businesses that purchase domestic and/or foreign catfish and other fish from wholesalers, distributors and processors.

HISTORY: Laws, 2002, ch. 506, § 4; Laws, 2004, ch. 377, § 4; Laws, 2008, ch. 449, § 6; reenacted without change, Laws, 2010, ch. 304, § 8, eff from and after passage (approved Feb. 17, 2010.).

Amendment Notes —

The 2004 amendment deleted “or Ocean Catfish” following “(country of origin)” at the end of the first sentence.

The 2008 amendment added (2).

The 2010 amendment reenacted the section without change.

§ 69-7-611. Promulgation of rules and regulations.

  1. The commissioner is authorized to promulgate such rules and regulations such as may be necessary for the efficient enforcement of this article.
  2. Before the issuance, amendment, or repeal of any rule or regulation authorized by this article, the commissioner shall publish the proposed regulation, amendment, or notice to repeal an existing regulation in a manner reasonably calculated to give interested parties adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner shall take appropriate action to issue the proposed rules or regulations or to amend or repeal an existing rule or regulation.

HISTORY: Laws, 1975, ch. 308, § 6, eff 180 days from and after passage (approved February 14, 1975); reenacted without change, Laws, 2010, ch. 304, § 9, eff from and after passage (approved Feb. 17, 2010.).

Editor’s Notes —

This section was reenacted without change by ch. 304, § 9.

Amendment Notes —

The 2010 amendment reenacted the section without change.

Cross References —

Mississippi Catfish Processor Fair Practices Act, see §§69-7-651 et seq.

§ 69-7-612. Commissioner authorized to enter premises to take samples for testing to determine compliance.

The commissioner shall have authority to enter the premises of any wholesaler, distributor or retailer to pull samples of catfish and other similar fish for laboratory testing to test for species identification and/or any other testing as may be necessary to determine compliance with this article.

HISTORY: Laws, 2008, ch. 449, § 7; reenacted without change, Laws, 2010, ch. 304, § 10, eff from and after passage (approved Feb. 17, 2010.).

Amendment Notes —

The 2010 amendment reenacted the section without change.

§ 69-7-613. Penalties; injunctive relief.

  1. Any person who violates any provision of this article for which no other penalty is provided by this article shall upon conviction be subject to a fine of not more than Five Hundred Dollars ($500.00).
  2. The commissioner may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

HISTORY: Laws, 1975, ch. 308, § 7, eff 180 days from and after passage (approved February 14, 1975); Laws, 2002, ch. 506, § 5; reenacted without change, Laws, 2010, ch. 304, § 11, eff from and after passage (approved Feb. 17, 2010.).

Editor’s Notes —

This section was reenacted without change by ch. 304, § 11.

Amendment Notes —

The 2010 amendment reenacted the section without change.

Cross References —

Mississippi Catfish Processor Fair Practices Act, see §§69-7-651 et seq.

RESEARCH REFERENCES

Am. Jur.

8 Am. Jur. Pl & Pr Forms (Rev), Declaratory Judgments, Form 4.1 (complaint, petition, or declaration for judgment declaring statute or ordinance unconstitutional).

§ 69-7-614. Repealed.

Repealed by operation of law on July 1, 2004, by Laws, 2002, ch. 506, § 6.

[Laws, 2002, ch. 506, § 6, eff from and after passage (approved Apr. 1, 2002.]

Editor’s Notes —

Former §69-7-614 was entitled “Records required.”

§ 69-7-615. Cooperation.

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this article.

HISTORY: Laws, 1975, ch. 308, § 8, eff 180 days from and after passage (approved February 14, 1975); reenacted without change, Laws, 2010, ch. 304, § 12, eff from and after passage (approved Feb. 17, 2010.).

Editor’s Notes —

This section was reenacted without change by ch. 304, § 12.

Amendment Notes —

The 2010 amendment reenacted the section without change.

§ 69-7-616. Administrative proceedings; sanctions; appeals; danger to public health.

  1. When a complaint is made against a person for violation of any of the provisions of this article, or any of the rules or regulations promulgated hereunder, the Director of the Regulatory Division of the Mississippi Department of Agriculture and Commerce, or his designee, shall act as reviewing officer. The complaint shall be filed with the Mississippi Department of Agriculture and Commerce. The reviewing officer shall cause to be delivered to the accused, in the manner described herein, a copy of the complaint and any supporting documents along with a summons requiring the accused to respond to the allegations within thirty (30) days after service of the summons and complaint upon the accused. The accused shall file with the department a written response to the complaint and any supporting documents within the thirty-day period. The accused may be notified by serving a copy of the summons and complaint on the accused or any of his officers, agents or employees by personal service or by certified mail. Upon the expiration of the thirty-day period, the reviewing officer shall review the complaint, the written response of the accused, if any, and all supporting documents offered by the parties in support of their respective positions. The reviewing officer’s decision shall be based solely on the documents provided by the parties. If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint. If he finds that there are reasonable grounds showing that a violation of the statutes or regulations has been committed, he may impose any or all of the following penalties upon the accused: (a) levy a civil penalty in the amount of no more than One Thousand Dollars ($1,000.00) for each violation; (b) issue a stop-sale order; (c) require the accused to relabel any fish that he is offering for sale and which is not labeled in accordance with the provisions of this article; or (d) seize any fish that is not in compliance with this article, and destroy, sell or otherwise dispose of the fish, and apply the proceeds of any such sale to the costs herein and any civil penalties levied, with the balance to be paid to the accused. The reviewing officer’s decision shall be in writing, and it shall be delivered to the accused by any of the methods described herein for service of the summons and complaint on the accused.
  2. Either the accused or the department may appeal the decision of the reviewing officer to the Commissioner of Agriculture and Commerce by filing a notice of appeal with the department within thirty (30) days of receipt of the reviewing officer’s decision. If no appeal is taken from the order of the reviewing officer within the allotted time, the order shall then become final. In the event of an appeal, the commissioner, or his designee, shall conduct a full evidentiary hearing relative to the charges. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with such subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded by a court reporter. The commissioner shall have all the powers of the reviewing officer described herein, and the commissioner may affirm, reverse or modify the order of the reviewing officer. The commissioner’s decision shall be in writing, and it shall be delivered to the parties in the same manner that the summons and complaint may be served upon the accused.
  3. Either the accused or the department may appeal the decision of the commissioner to the circuit court of the county of residence of the accused, or if the accused is a nonresident of the State of Mississippi, to the Circuit Court of the First Judicial District of Hinds County, Mississippi. The appellant has the obligation of having the record transcribed and filed with the circuit court. The appeal shall otherwise be governed by all applicable laws and rules affecting appeals to the circuit court. If no appeal is perfected within the required time, the decision of the commissioner, or his designee, shall then become final.
  4. The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing laws and rules affecting such appeals.
  5. Where any violation of this article, or the rules and regulations promulgated hereunder, occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, any of the department’s field inspectors and any other persons authorized by the commissioner, may issue an order to be effective immediately, before notice and a hearing, that imposes any or all of the penalties described herein against the accused. The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him. The accused shall then have thirty (30) days after service of the order upon him within which to request an informal administrative review before the reviewing officer, or his designee, as described herein. The accused shall include within his request all documents that support his position. The department may also submit any documents that support its position. If the accused makes such a request within such time, the reviewing officer, or his designee, shall review the documents provided by the parties and render a written decision within thirty (30) days after such request is made. Upon the making of such a request, the procedure described herein shall be followed, except that there is no need for a complaint to be filed against the accused. If the accused does not request an administrative review within such time frame, then he shall have waived his right to an administrative review.

HISTORY: Laws, 2002, ch. 506, § 7; reenacted without change, Laws, 2010, ch. 304, § 13, eff from and after passage (approved Feb. 17, 2010.).

Editor’s Notes —

This section was reenacted without change by ch. 304, § 13.

Amendment Notes —

The 2010 amendment reenacted the section without change.

§ 69-7-617. Information concerning production and sales of catfish products.

The commissioner shall publish at least biannually, in such form as he may deem proper, information concerning the sale of catfish products, together with such data on their production and use as he may consider advisable provided that the information concerning production and sales of catfish products shall not disclose the operation of any person.

HISTORY: Laws, 1975, ch. 308, § 9, eff 180 days from and after passage (approved February 14, 1975); reenacted without change, Laws, 2010, ch. 304, § 14, eff from and after passage (approved Feb. 17, 2010.).

Editor’s Notes —

This section was reenacted without change by ch. 304, § 14.

Amendment Notes —

The 2010 amendment reenacted the section without change.

Cross References —

Mississippi Catfish Processor Fair Practices Act, see §§69-7-651 et seq.

Mississippi Aquaculture Act of 1988, see §§79-22-1 et seq.

§ 69-7-619. Repealed.

Repealed by Laws of 2010, ch. 304, § 15, eff from and after passage (approved Feb. 17, 2010).

§69-7-619. [Laws, 2008, ch. 449, § 8, eff July 1, 2008.]

Editor’s Notes —

Former §69-7-619 provided for the repeal of §§69-7-601 through69-7-617.

Article 15. Mississippi Catfish Processor Fair Practices Act.

§ 69-7-651. Short title.

This chapter shall be known and may be cited as the “Mississippi Catfish Processor Fair Practices Act of 1986.”

HISTORY: Laws, 1986, ch. 431, § 1, eff from and after July 1, 1986.

Cross References —

Mississippi Catfish Marketing Law of 1975, see §§69-7-601 et seq.

Requirement that catfish processors use certain weighing device for weighing farm-raised catfish, see §69-7-701.

Mississippi Aquaculture Act of 1988, see §§79-22-1 et seq.

Federal Aspects—

National Aquaculture Act of 1980, see 16 USCS §§ 2801 et seq.

§ 69-7-653. Administration of article.

This article shall be administered by the Commissioner of Agriculture and Commerce.

HISTORY: Laws, 1986, ch. 431, § 2, eff from and after July 1, 1986.

Cross References —

Department of Agriculture and Commerce generally, see §§69-1-1 et seq.

§ 69-7-655. Legislative findings and purpose.

The Legislature finds that a burden on and an obstruction to intrastate commerce in the catfish farming industry is caused when payment is not made for the catfish and that such arrangements are contrary to the public interest. This article is intended to remedy such burden on and obstruction to intrastate commerce in catfish and to protect the public interest.

HISTORY: Laws, 1986, ch. 431, § 3, eff from and after July 1, 1986.

Cross References —

Mississippi Catfish Marketing Law of 1975, see §§69-7-601 et seq.

Federal Aspects—

National Aquaculture Act of 1980, see 16 USCS §§ 2801 et seq.

§ 69-7-657. Definitions.

For purposes of this article, the following terms shall have the meaning ascribed herein unless the context otherwise requires:

“Capable of use as human food” means and shall apply to any catfish or part or product thereof unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food, or unless it is naturally inedible by humans.

“Cash sale” means a sale in which the seller does not expressly extend credit to the buyer.

“Catfish” means any species within the family of Ictaluridae.

“Commissioner” means the Commissioner of Agriculture and Commerce of the State of Mississippi.

“Direct retail sale” means the sale of catfish products directly to the consumer.

“Person” includes any individual, partnership, corporation and association or other legal entity.

“Processor” means any person engaged in handling, storing, preparing, manufacturing, packing or holding catfish products.

“Producer” means any person engaged in the business of producing catfish, by any method.

“Product” means any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof.

“Secured party” means a lender who has a perfected security interest pursuant to the Uniform Commercial Code in the catfish being sold.

HISTORY: Laws, 1986, ch. 431, § 4; Laws, 2004, ch. 377, § 5; Laws, 2005, ch. 390, § 1, eff from and after passage (approved Mar. 16, 2005.).

Amendment Notes —

The 2004 amendment deleted “or family Anarhichadidae” at the end of (c).

The 2005 amendment rewrote (c) to correct the scientific nomenclature in the definition of catfish; and made minor stylistic changes throughout.

Cross References —

Provisions of the Uniform Commercial Code relative to secured transactions, see §§75-9-101 et seq.

§ 69-7-659. Methods of purchasing catfish products; bonds and other security requirements; unfair practices.

  1. Each processor shall use one of the following methods to purchase catfish products:
    1. The processor may deliver to the producer or his duly authorized representative and any secured parties the full amount of the purchase price on the same day the catfish product is purchased and possession is transferred.
    2. The processor may before the close of the twenty-eighth (28th) calendar day following the purchase of the catfish products and transfer of possession thereof, deliver to the producer or his duly authorized representative and any secured parties the full amount of the purchase price. If the producer or his duly authorized representative or secured parties are not present to receive payment at the point of transfer or possession, as herein provided, the processor shall wire transfer funds or place a check in the United States mail for the full amount of the purchase price, properly addressed to the producer and any secured parties, within the time limits specified in this subsection. Such action shall be deemed in compliance with the requirement for prompt payment under this paragraph.
    3. The parties to the purchase and sale of catfish products may expressly agree in writing, before such purchase or sale, to effect payment in a manner other than that required in paragraphs (a) or (b) provided the manner of payment does not interfere with the rights of secured parties. Any such agreement shall be disclosed in the records of any producer selling the catfish, and in the processors records and on the accounts or other documents issued by the processors relating to the transaction.
  2. In the event the processor shall elect the method prescribed in subparagraph (1)(b) of this section, to purchase catfish products, such processor shall, prior to such transaction, be required to:
    1. Be bonded in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) or in an amount which may be determined by the commissioner;
    2. Post a security bond in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) or in an amount which may be determined by the commissioner; or
    3. Provide cash security, letters of credit and/or such other evidences of security as shall be authorized by the commissioner.
  3. Any delay or attempt to delay, by a processor purchasing catfish products, the collection of funds as herein provided, or otherwise, for the purpose of or resulting in extending the normal period of payment for such catfish shall be considered an “unfair practice” in violation of this article.

HISTORY: Laws, 1986, ch. 431, § 5, eff from and after July 1, 1986.

Cross References —

Mississippi Catfish Marketing Law of 1975, see §§69-7-601 et seq.

Mississippi Aquaculture Act of 1988, see §§79-22-1 et seq.

§ 69-7-661. Registration of processors; orders with respect to insolvent registrants.

On and after July 1, 1986, every catfish processor shall register with the Commissioner of Agriculture and Commerce. The commissioner shall promulgate such rules and regulations as he may deem necessary to secure the performance of catfish purchasing obligations, and whenever, after due notice and hearing, the commissioner finds any registrant is insolvent or has violated any provisions of this article he may issue an order suspending such registrant for a reasonable specified period. Such order of suspension shall take effect within not less than five (5) days, unless suspended or modified or set aside by the commissioner or a court of competent jurisdiction. If the commissioner finds any processor is insolvent, he may after notice and hearing issue an order requiring such processor to cease and desist from purchasing catfish while insolvent except under such conditions as the commissioner may prescribe to effectuate the purposes of this article. Provided, however, that (a) those processors whose average annual purchases do not exceed Fifty Thousand Dollars ($50,000.00), and (b) those processors who deliver to the producer or his duly authorized representative the full amount of the purchase price on the same day the catfish product is purchased and possession thereof is transferred, shall be exempt from the provisions of this section.

HISTORY: Laws, 1986, ch. 431, § 6, eff from and after July 1, 1986.

Cross References —

Mississippi Aquaculture Act of 1988, see §§79-22-1 et seq.

§ 69-7-663. Unlawful practices.

It shall be unlawful, with respect to catfish or catfish products, for any processor to engage in or use any unfair, unjustly discriminatory, or deceptive practice.

HISTORY: Laws, 1986, ch. 431, § 7, eff from and after July 1, 1986.

Cross References —

Mississippi Catfish Marketing Law of 1975, see §§69-7-601 et seq.

Requirement that catfish processors use certain weighing device for weighing farm-raised catfish, see §69-7-701.

§ 69-7-665. Promulgation of rules and regulations.

  1. The commissioner is authorized to promulgate such rules and regulations as may be necessary for the efficient enforcement of this article.
  2. Before the issuance, amendment or repeal of any rule or regulation authorized by this article, the commissioner shall publish the proposed regulation, amendment or notice to repeal an existing regulation in a manner reasonably calculated to give interested parties adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner shall take appropriate action to issue the proposed rules or regulations or to amend or repeal an existing rule or regulation.

HISTORY: Laws, 1986, ch. 431, § 8, eff from and after July 1, 1986.

Cross References —

Mississippi Catfish Marketing Law of 1975, see §§69-7-601 et seq.

§ 69-7-667. Injunctions against violations; judicial review.

  1. The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article, notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
  2. Any person adversely affected by an act, order or ruling made by the commissioner pursuant to the provisions of this article may, within forty-five (45) days thereafter, bring action in the Hinds County Circuit Court, First Judicial District, for judicial review of such actions. The form of the proceeding shall be any which may be provided by statutes of this state to review decisions of administrative agencies, or in the absence or inadequacy thereof any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.

HISTORY: Laws, 1986, ch. 431, § 9, eff from and after July 1, 1986.

Cross References —

Mississippi Catfish Marketing Law of 1975, see §§69-7-601 et seq.

§ 69-7-669. Liability of violators; enforcement.

  1. If any person subject to this article violates any of the provisions of this article, or of any order of the commissioner under this article, relating to the purchase, sale or handling of catfish, he shall be liable to the person or person injured thereby for the full amount of damages sustained in consequence of such violation.
  2. Such liability may be enforced either (a) by complaint to the commissioner or (b) by suit in any circuit court of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this article are in addition to such remedies.

HISTORY: Laws, 1986, ch. 431, § 10, eff from and after July 1, 1986.

Cross References —

Mississippi Catfish Marketing Law of 1975, see §§69-7-601 et seq.

Article 17. Weighing Devices for Farm-Raised Catfish.

§ 69-7-701. Use of weighing device by catfish processors.

  1. For purposes of this section, the following terms shall have the meaning ascribed herein unless the context otherwise requires:
    1. “Catfish” means any species within the family of Ictaluridae.
    2. “Processor” means any person engaged in handling, storing, preparing, manufacturing, packing or holding catfish products.
  2. When making a weight determination of farm-raised catfish, the processor shall weigh the catfish as they are unloaded from the live haul truck and shall drain any water from the weighing baskets before the catfish are weighed. No deductions shall be made thereafter for water in the weighing baskets. The processor shall also use a weighing device that is of a type suitable for the weighing of farm-raised catfish and subject to the provisions of Section 75-27-19, Mississippi Code of 1972.
  3. Such weighing device shall electronically print a ticket which provides an exact duplicate of the weight indicated. A copy of this ticket shall be furnished to the owner of the catfish. Such ticket shall also include, but is not limited to, the following:
    1. The name and address of the processor;
    2. The name of the owner of the catfish being weighed;
    3. The date the catfish is weighed;
    4. The signature of the individual who weighs the farm-raised catfish recorded on the weight ticket;
    5. The device should print zero (0) before each weighing; and
    6. Such additional information as the Commissioner of Agriculture and Commerce deems necessary for the lawful and accurate recording of the weight of farm-raised catfish.
  4. Deductions for trash fish, turtles and other foreign materials shall be determined by a separate electronic weighing of the same with a printed ticket provided to the producer.

HISTORY: Laws, 1990, ch. 301, § 1; Laws, 1991, ch. 469, § 1; Laws, 2004, ch. 377, § 6; Laws, 2005, ch. 390, § 2, eff from and after passage (approved Mar. 16, 2005.).

Amendment Notes —

The 2004 amendment deleted “or family Anarhichadidae” at the end of (1)(a).

The 2005 amendment substituted “within the family of Ictaluridae” for “of the scientific order Siluriformes” in (1)(a).

Article 19. Grading and Certification of Fruits and Nuts.

§ 69-7-751. Legislative declaration and intent.

The Legislature declares a need to promote Mississippi agricultural products to raise the overall quality of fruits, vegetables and nuts; and it is the intent of the Legislature that fruits, vegetables and nuts produced or processed, or both, in the State of Mississippi be certified and graded.

HISTORY: Laws, 1994, ch. 605, § 3, eff from and after July 1, 1994.

§ 69-7-753. Food Products Certification Office; creation; establishment; and responsibilities.

There is created in the Department of Agriculture and Commerce a Food Products Certification Office. This office shall establish grading and certification processes for fruits, vegetables and nuts. This office shall also establish regulations and procedures to determine whether a product is produced or processed, or both, in Mississippi. The Food Products Certification Office shall be responsible for:

Inspecting, grading and certifying fruits, vegetables and nuts;

Coordinating and developing markets for Mississippi farmers who produce fruits, vegetables and nuts;

Managing or assisting in the management of the vegetable marketing sheds; and

Assisting farmers in the production of fruits and vegetables with the greatest market demand that are most adaptable to each production area.

HISTORY: Laws, 1994, ch. 605, § 4, eff from and after July 1, 1994.

§ 69-7-755. Hiring of marketing managers; qualifications and salaries; Producer Advisory Board.

The Department of Agriculture and Commerce shall hire not more than seven (7) marketing managers. The qualifications and salaries for the marketing managers shall be established by the State Personnel Board. Marketing managers shall be employed from a list of applicants approved by the State Personnel Board and recommended by the Director of the Mississippi Cooperative Extension Service, the Executive Director of the Agribusiness Council and the Commissioner of Agriculture, or their designees. Marketing managers shall be assigned to one or more of the marketing sheds at Booneville, Louisville, Wiggins, Bassfield, Taylorsville, Newton, Kemper County and Leakesville. Each of these marketing sheds shall be provided with a digital weighing scale to ensure accurate weight/grade. Each marketing shed shall establish a Producer Advisory Board consisting of four (4) local farmer producers of nuts, fruits or vegetables and three (3) produce industry representatives.

HISTORY: Laws, 1994, ch. 605, § 5, eff from and after July 1, 1994.

Chapter 8. Beef Promotion And Research Program

§ 69-8-1. Purpose.

The purpose of this chapter shall be to promote the growth and development of the cattle industry in Mississippi through research, advertisement, promotions, education and market development in the absence of any federal programs.

HISTORY: Laws, 2005, ch. 429, § 1, eff from and after passage (approved Mar. 21, 2005.).

§ 69-8-3. Definitions.

For the purposes of this chapter, the following terms shall have the meanings ascribed to them herein unless the context clearly indicates otherwise:

“Producer” means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if that person’s only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee or other service fee.

“Collecting person” means any livestock dealer licensed under the Packers and Stockyards Act of 1921, as amended, who makes payment to a producer for cattle purchased in Mississippi.

“Council” means the “Mississippi Beef Industry Council.”

“Commissioner” means the Commissioner of Agriculture and Commerce for the State of Mississippi.

HISTORY: Laws, 2005, ch. 429, § 2, eff from and after passage (approved Mar. 21, 2005.).

§ 69-8-5. Mississippi Beef Industry Council created; membership; organization; rules and regulations; certain officers to be bonded.

  1. The Mississippi Beef Industry Council is created and shall be composed of eighteen (18) members as follows:
    1. Seven (7) members appointed by the Mississippi Cattlemen’s Association, of whom one (1) shall be a meat scientist or a meat packer;
    2. One (1) member appointed by the Mississippi Cattlewomen’s Association;
    3. Five (5) members appointed by the Mississippi Farm Bureau Federation, of whom one (1) shall be a dairy farmer and one (1) shall be a beef retailer;
    4. Five (5) members appointed by the Mississippi Livestock Marketing Association.
  2. Within thirty (30) days after the levy of the national beef promotion and research program established by the “Beef Promotion and Research Act of 1985” is finally adjudicated unconstitutional, each organization shall select its members to serve on the council. The members of the council shall meet and organize after their appointment and shall select a chairman, vice chairman and secretary-treasurer from the membership of the council. The council may establish rules and regulations for the administration of the duties of the council. The minutes of the council shall reflect the votes taken by the council concerning any contracts for projects of research, education, advertisement or promotion of the beef industry.
  3. The chairman, vice chairman and secretary-treasurer shall be bonded in an amount not less than Twenty Thousand Dollars ($20,000.00). The cost of the bonds shall be paid from the funds received under this chapter.

HISTORY: Laws, 2005, ch. 429, § 3, eff from and after passage (approved Mar. 21, 2005.).

§ 69-8-7. Referendum on assessments.

  1. Within ninety (90) days after the levy of the national beef promotion and research program established by the “Beef Promotion and Research Act of 1985” is finally adjudicated unconstitutional, the commissioner is authorized to call a referendum allowing producers to vote as to whether an assessment of One Dollar ($1.00) per head on all cattle sold in the state shall be levied for the purpose of promotion and development of the Mississippi cattle industry.
    1. A cattle producer who owned or produced cattle in the year immediately preceding the referendum shall be entitled to cast one (1) vote.
    2. The council shall bear all expenses incurred in conducting a referendum.
    3. If a majority of the producers voting in the referendum vote in favor of the assessment, then a sum of One Dollar ($1.00) per head shall be levied on all cattle sold in the state. This assessment shall be applicable to all sales made on or after a date specified by the commissioner but no later than ninety (90) days after certification of the results of the election.
    4. The assessment shall be a continuing levy until either terminated by the council or repealed by a majority vote in a subsequent referendum.
  2. Subsequent referendums:
    1. Upon petition by ten percent (10%) of the producers, the commissioner shall call for a subsequent referendum to allow producers to vote on the assessment.
    2. If a referendum fails to receive a majority of affirmative votes, then the commissioner shall be authorized to call another referendum in the next succeeding year. No such referendum shall be held within a period of twelve (12) months from the date on which the last referendum was held.
  3. If this program is terminated as a result of referendum vote or for any other reason, collections received prior to the last day of the program as designated by the commissioner, will be expended within ninety (90) days in the manner in which the program was operated.
  4. The commissioner, with the approval of the council, may promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, as may be necessary to carry out this chapter.

HISTORY: Laws, 2005, ch. 429, § 4, eff from and after passage (approved Mar. 21, 2005.).

§ 69-8-9. Collection and remittance of assessments.

  1. Each collecting person shall collect and remit the assessments levied by this section in accordance with Section 69-8-7.
  2. Each collecting person shall remit all assessments to the council with the required report no later than the fifteenth day of the month following the close of the reporting period.
    1. Assessments collected by the council are not state funds and will not be required to be deposited in the State Treasury.
    2. Each calendar month shall be a reporting period. The reporting period shall end at the close of business on the last day of the month.
    3. Required report information and forms shall be determined and provided by the council.

HISTORY: Laws, 2005, ch. 429, § 5, eff from and after passage (approved Mar. 21, 2005.).

§ 69-8-11. Council permitted to accept gifts, donations and grants; submission of annual report of revenues and expenditures to commissioner; administrative costs.

  1. The council may accept monetary gifts, donations and grants from public as well as private sources.
  2. By July 31 of each year the council shall submit to the commissioner a complete report of all revenues and expenditures that were generated by the administration of this program in a format that has been approved by the commissioner.
  3. Of the monies collected under this program, an amount not to exceed fifteen percent (15%) of the total revenues per year shall be expended on the administrative costs of the program.

HISTORY: Laws, 2005, ch. 429, § 6, eff from and after passage (approved Mar. 21, 2005.).

§ 69-8-13. Refund of assessments.

  1. Any producer may request and receive a refund of assessments levied on the sale of the producer’s cattle.
    1. The request may be made only by the producer.
    2. The request must be made to the council in writing within forty-five (45) days from the date of sale.
    3. The request must include the name and address of the sale market or purchaser, date of sale, number of head sold and assessed, and proof that the assessment was deducted.
  2. The council shall mail payment of assessment refunds to the requesting producer within thirty (30) days of receiving the request.

HISTORY: Laws, 2005, ch. 429, § 7, eff from and after passage (approved Mar. 21, 2005.).

§ 69-8-15. Penalties for violations.

  1. Any collecting person, who fails to file a report or pay any assessment within the time required by the commissioner, shall remit to the council a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) for each month of delay, or fraction thereof, beginning the first month after the report was required to be filed or the assessment became due.
  2. Any collecting person who makes a false claim shall be subject to a civil penalty of not more than One Thousand Dollars ($1,000.00) payable to the council.
  3. Any collecting person required to pay an assessment as provided by this chapter, who refuses to allow full inspection of their records by the council, or who shall hinder or in any way delay or prevent the inspection of their records is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00).

HISTORY: Laws, 2005, ch. 429, § 8, eff from and after passage (approved Mar. 21, 2005.).

Chapter 9. Soybean Promotion Board

§ 69-9-1. Purpose of chapter.

The purpose of this chapter is to promote the growth and development of the soybean industry in Mississippi by research, advertisement promotions and education and market development, thereby promoting the general welfare of the people of this state.

HISTORY: Codes, 1942, § 4575-231; Laws, 1970, ch. 265, § 1; brought forward without change, Laws, 2009, ch. 393, § 1, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

Cross References —

Provisions regarding promotion of rice, see §§69-10-1 et seq.

§ 69-9-3. Creation, membership and organization of board.

  1. The Mississippi Soybean Promotion Board is hereby created, to be composed of twelve (12) members to be appointed by the Governor to serve terms of three (3) years, as hereinafter provided. All of the twelve (12) members of the board shall be producers of soybeans in the State of Mississippi. Within ten (10) days following the effective date of this chapter, each of the following organizations, namely, Mississippi Farm Bureau Federation, Inc., Mississippi Feed and Grain Association, Mississippi Soybean Association and Delta Council shall submit the names of six (6) soybean producers to the Governor, and he shall appoint three (3) members from the nominees of each organization to serve on the board on rotating three-year terms. The original board shall be appointed with members of each of the aforenamed organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years, and one (1) for three (3) years. Each year thereafter, not less than thirty (30) days prior to the expiration of the terms of expiring board members, the aforenamed organizations shall submit the names of three (3) nominees to the Governor and succeeding boards shall be appointed by the Governor in the same manner, giving equal representation to each organization. Vacancies which occur shall be filled in the same manner as the original appointments were made.
  2. The members of the board shall meet and organize immediately after their appointment, and shall elect a chairman, vice chairman and secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chairman, vice chairman and secretary-treasurer shall be bonded in an amount not less than Twenty Thousand Dollars ($20,000.00). The cost of said bonds shall be paid from the funds received under the provisions of this chapter. Such bond shall be a security for any illegal act of such member of the board and recovery thereon may be had by the state for any injury by such illegal act of such member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.

HISTORY: Codes, 1942, § 4575-232; Laws, 1970, ch. 265, § 2; brought forward without change, Laws, 2009, ch. 393, § 2, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

§ 69-9-5. Levy of assessment; collection; enforcement; refund.

  1. There is imposed and levied an assessment at the rate of One Cent (1¢) per bushel on all soybeans grown within the State of Mississippi, and such assessment shall be deducted by the purchaser from the amount paid the producer at the first point of sale, whether within or without the state. Assessments on soybeans put under loan to the Commodity Credit Corporation or purchased by the Commodity Credit Corporation and delivered to it shall be payable when such soybeans are placed under loan or are purchased. The Commodity Credit Corporation may require deduction and payment of the assessment from the loan proceeds or from the purchase price on the behalf of the producer. Assessments on soybeans put under loan to the Commodity Credit Corporation and redeemed by the producer before the takeover date, if already paid by having been deducted from the loan proceeds, shall not be deducted by each handler from the amount paid the producer at the first point of sale as provided in this section; otherwise, the assessment shall be deducted. Any soybean producer may request and receive a refund of the amount of assessment deducted from the sale of his soybeans provided he makes a written application with the Department of Agriculture and Commerce within sixty (60) days from date of sale, supported by bona fide copies of sales slips signed by the purchaser. The application forms shall be prepared by the Department of Agriculture and Commerce and shall be available at the first point of sale. All such applications shall be processed and refunds paid by the Department of Agriculture and Commerce within sixty (60) days after the funds have been received by the department. Each marketing agency shall be furnished a poster to be displayed in a prominent place, stating that refunds are available and forms to be used, including self-addressed envelopes, are available at its office.
  2. The assessment imposed and levied by this section shall be payable to and collected by the Department of Agriculture and Commerce, hereafter referred to as “the department,” from the purchaser of such soybeans at the first point of sale or from the Commodity Credit Corporation as provided in subsection (1) of this section. The proceeds of the assessment collected by the department shall be deposited with the State Treasurer in a special fund, known as the “Mississippi Soybean Promotion Fund,” and promptly remitted to the Mississippi State University Foundation under the terms and conditions as the Soybean Promotion Board deems necessary to ensure that the assessments are used properly in carrying out the purposes of this chapter. The State Fiscal Officer is authorized to issue warrants for the payment of monies from the Mississippi Soybean Promotion Fund upon requisition by the Commissioner of Agriculture and Commerce, or his designee, for refunds to producers as provided under subsection (1) of this section.
  3. The department shall pay over to the Mississippi Soybean Promotion Fund the funds collected, less three and one-half percent (3-1/2%) of the gross amount collected. The payments to the Mississippi Soybean Promotion Board shall be accompanied by a complete report of all funds collected and disbursed.
  4. Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all soybeans handled by him and shall furnish each producer with a signed sales slip showing the number of bushels purchased from him and the amount deducted by him for the Mississippi Soybean Promotion Fund. Such records shall be in such form and contain such other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative thereof. Every purchaser or the Commodity Credit Corporation, at such time or times as the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this chapter. The department shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of soybeans and examine or cause to be examined by such agent only books, papers and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter.

HISTORY: Codes, 1942, § 4575-233; Laws, 1970, ch. 265, § 3; Laws, 1972, ch. 429, § 1; Laws, 1977, ch. 401; Laws, 1987, ch. 452, § 1; Laws, 1992, ch. 510, § 1; Laws, 2006, ch. 505, § 1; brought forward without change, Laws, 2009, ch. 393, § 3, eff from and after July 1, 2009.

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor, ” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Amendment Notes —

The 2006 amendment rewrote the second sentence in (2); and in (3), deleted “monthly” following “The department shall” in the first sentence, and in the second sentence, substituted “The payments to the Mississippi Soybean Promotion Board” for “The monthly settlement to the Mississippi Soybean Promotion Board shall be made on or before the twentieth day of each month and.”

The 2009 amendment brought the section forward without change.

Cross References —

Payment into Mississippi Soybean Promotion Fund of proceeds from collection of assessment under Soybean Promotion, Research and Consumer Information Act, see §69-9-6.

OPINIONS OF THE ATTORNEY GENERAL

Retail sales tax exemption for soybeans grown as seed is of no force and effect with regard to promotional assessments; therefore, effective July 1, 1992, Department of Agriculture and Commerce should collect said fees from sale of all soybeans grown within Mississippi. Ross, July 29, 1992, A.G. Op. #92-0552.

The Department of Agriculture and Commerce should remit soybean assessments to the MSU Foundation without delay and with reasonable speed after deposit in the Soybean Promotion Fund, unless it finds there are factual circumstances that prohibit such a remittance. Spell, June 23, 2006, A.G. Op. 06-0195.

§ 69-9-6. Collection of assessment under Soybean Promotion, Research and Consumer Information Act; disposition of funds collected.

  1. The Department of Agriculture and Commerce is authorized to collect the assessment created by the Soybean Promotion, Research and Consumer Information Act administered by the United States Department of Agriculture on behalf of the Mississippi Soybean Promotion Board.
  2. The department shall pay over to the Mississippi Soybean Promotion Fund, as established in Section 69-9-5, all funds collected under this section. The State Fiscal Officer is authorized to issue warrants for the payment of monies from the proceeds of this fund upon requisition by the Mississippi Commissioner of Agriculture and Commerce, or his designee, in accordance with federal statutes governing this section.
  3. The Mississippi Department of Agriculture and Commerce shall submit to the Soybean Promotion Board a budget detailing and justifying the administrative costs of the department in administering the provisions of this chapter, and such budget must be approved by the Soybean Promotion Board by April 1 of each year. The department is further authorized to retain an amount not to exceed three and one-half percent (3-1/2%) of the funds collected under the provisions of this section as administrative fees. The amount retained by the department must be approved by the Soybean Promotion Board by July 1 of each year. This amount may be retained from any funds collected on behalf of the Soybean Promotion Board, including those collected under the provisions of Section 69-9-5.
  4. The board shall make a report of all income and expenditures made annually and provide copies of such report to the department.

HISTORY: Laws, 1991, ch. 607 § 1; Laws, 1992, ch. 510, § 2; Laws, 2006, ch. 505, § 2, eff from and after passage (approved Mar. 29, 2006.).

Amendment Notes —

The 2006 amendment rewrote the first sentence in (2); and added (4).

§ 69-9-7. Failure to file report or pay assessment; penalty.

  1. Any purchaser who fails to file a report or to pay any assessment within the time required by the department shall forfeit to the department a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of such amount for each month of delay or fraction thereof after the first month after such report was required to be filed or such assessment became due. The penalty shall be paid to the department and shall be disposed of by it in the same manner as funds derived from the payment of the assessment imposed herein.
  2. The department shall collect the penalties levied herein, together with the delinquent assessment, by any or all of the following methods:
    1. By voluntary payment by the person liable.
    2. By legal proceedings instituted in a court of competent jurisdiction.
  3. Any person required to pay the assessment provided for in this chapter who fails to remit same or who refuses to allow full inspection of the premises, or such books, records or other documents relating to the liability of such person for the assessment herein imposed, or who shall hinder or in any way delay or prevent such inspection, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or both.
  4. The provisions of this chapter shall not apply to any person who purchases one thousand (1,000) or less bushels of soybeans in any calendar year, provided he is not regularly engaged in the purchase of soybeans.

HISTORY: Codes, 1942, § 4575-234; Laws, 1970, ch. 265, § 4; Laws, 1992, ch. 510, § 3; brought forward without change, Laws, 2009, ch. 393, § 4, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 69-9-9. Use of funds; annual report; penalty for failure to report.

  1. The Mississippi Soybean Promotion Board shall plan and conduct a program of research, education and advertising designed to promote the soybean industry in Mississippi and said board is authorized to use the funds derived from the assessment imposed herein for these purposes, including basic administration expenses of said plan. Use of these funds may be applied, as prescribed in this section, within or without the State of Mississippi, including regional, national and international research and promotional applications.
  2. The funds may be expended only for the purposes set out in this chapter and shall be spent in no manner for political purposes. A report of all expenditures shall be made annually on December 31, with four (4) copies of the report to be filed and presented during regular sessions of the Mississippi Legislature with each of the following: the Chairman of the House of Representatives Agriculture Committee, the Chairman of the Senate Agriculture Committee, the Mississippi Department of Agriculture and Commerce and the State Auditor.
  3. If the board fails to make an annual report in violation of the provisions of subsection (2) of this section, the board shall be subject to a fine of not more than Five Hundred Dollars ($500.00).

HISTORY: Codes, 1942, § 4575-235; Laws, 1970, ch. 265, § 5; Laws, 2009, ch. 393, § 5, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment rewrote (2) and added (3).

§ 69-9-11. Controlling effect of chapter.

Notwithstanding the provisions of any laws or parts of laws in conflict herewith, the provisions of this chapter shall be controlling to the extent of the conflict.

HISTORY: Codes, 1942, § 4575-237; Laws, 1970, ch. 265, § 7; brought forward without change, Laws, 2009, ch. 393, § 6, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

§ 69-9-13. State Tax Commission to assist department in collecting assessments.

The State Tax Commission shall provide any information necessary to assist the Mississippi Department of Agriculture and Commerce in collecting the assessments provided for in this chapter.

HISTORY: Laws, 1992, ch. 510, § 4; brought forward without change, Laws, 2009, ch. 393, § 7, eff from and after July 1, 2009.

Editor’s Notes —

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Amendment Notes —

The 2009 amendment brought the section forward without change.

§ 69-9-15. Commissioner authorized to audit Soybean Promotion Board; information to be included in audit; injunction for violations of chapter.

  1. The commissioner may conduct an audit of the board to verify compliance with any rules and regulations promulgated for the efficient enforcement of this chapter.
  2. Under this section, the audited board shall provide information to the commissioner that verifies the amounts received and expended from the fees assessed and collected by the department and remitted to the board. Records maintained in the course of the normal conduct of business by the board may serve as verification.
  3. The commissioner may apply for and the court may grant a temporary or permanent injunction on disbursements made to the board from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

HISTORY: Laws, 2009, ch. 393, § 8, eff from and after July 1, 2009.

Chapter 10. Rice Promotion Board

§ 69-10-1. Purpose.

The purpose of this chapter is to promote the growth and development of the rice industry in Mississippi by research, advertisement promotions and education and market development, thereby promoting the general welfare of the people of this state.

HISTORY: Laws, 1981, ch. 384, § 1; brought forward without change, Laws, 2009, ch. 393, § 9, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

Cross References —

Provisions regarding promotion of soybeans, see §§69-9-1 et seq.

§ 69-10-2. Mississippi Rice Promotion Board; membership; organization and administration.

  1. The Mississippi Rice Promotion Board is created, to be composed of twelve (12) members to be appointed by the Governor to serve terms of four (4) years, as hereinafter provided. All of the twelve (12) members of the board shall be producers of rice in the State of Mississippi. Within ten (10) days following March 9, 1995, the Mississippi Farm Bureau Federation, Inc., the Mississippi Rice Council for Market Development and the Delta Council shall each submit the names of six (6) rice producers to the Governor, and he shall appoint four (4) members from the nominees of each organization to serve on the board on rotating four-year terms. The original board shall be appointed with members of each of the aforenamed organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years and one (1) for four (4) years. Each year thereafter, not less than thirty (30) days before the expiration of the terms of expiring board members, the aforenamed organizations shall submit the names of four (4) nominees to the Governor and succeeding boards shall be appointed by the Governor in the same manner, giving equal representation to each organization. Vacancies which occur shall be filled in the same manner as the original appointments were made.
  2. The members of the board shall meet and organize immediately after their appointment, and shall elect a chairman, vice chairman and secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chairman, vice chairman and secretary-treasurer shall be bonded in an amount not less than Twenty Thousand Dollars ($20,000.00). The cost of the bonds shall be paid from the funds received under the provisions of Section 69-10-1 et seq. Such bond shall be a security for any illegal act of such member of the board and recovery thereon may be had by the state for any injury by such illegal act of such member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.

HISTORY: Laws, 1995, ch. 310, § 1; brought forward without change, Laws, 2009, ch. 393, § 10, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

§ 69-10-3. Repealed.

Repealed by Laws of 1995, ch. 310, § 2, eff July 1, 1995.

[Laws, 1994, ch. 421, § 1]

HISTORY: [Laws, 1981, ch. 284, § 2]

Editor’s Notes —

Former §69-10-3 was entitled: Mississippi Rice Promotion Board; membership; organization and administration.

§ 69-10-5. Assessment on rice grown in state; rice promotion fund; records and reports.

  1. There is imposed and levied an assessment at the rate of Two Cents (2¢) per bushel on all rice grown within the State of Mississippi; from and after July 1, 1991, the rate of assessment shall be increased by an additional One Cent (1¢) per bushel so that the total assessment equals Three Cents (3¢) per bushel. Such assessment shall be deducted by the purchaser from the amount paid the producer at the first point of sale, whether within or without the state. Assessments on rice put under loan to the Commodity Credit Corporation or purchased by the Commodity Credit Corporation and delivered to it shall be payable when such rice is placed under loan or is purchased. The Commodity Credit Corporation may require deduction and payment of the assessment from the loan proceeds or from the purchase price on the behalf of the producer. Assessments on rice put under loan to the Commodity Credit Corporation and redeemed by the producer before the takeover date, if already paid by having been deducted from the loan proceeds shall not be deducted by each miller or handler from the amount paid the producer at the first point of sale as provided in this section; otherwise, the assessment shall be deducted.
  2. The assessment imposed and levied by this section shall be payable to and collected by the Mississippi Department of Agriculture and Commerce, hereafter referred to as “the department,” from the purchaser of such rice at the first point of sale or from the Commodity Credit Corporation as provided in subsection (1) of this section. The proceeds of the assessment collected by the department shall be deposited with the State Treasurer in a special fund, the “Mississippi Rice Promotion Fund,” and promptly remitted to a foundation under such terms and conditions as the Rice Promotion Board deems necessary to ensure that such assessments are used properly in carrying out the purposes of this chapter.
  3. The Mississippi Department of Agriculture and Commerce shall submit to the Mississippi Rice Promotion Board a budget detailing and justifying the administrative costs of the department in administering the provisions of this chapter, and such budget must be approved by the Mississippi Rice Promotion Board by April 1 of each year. The department shall pay over to the Mississippi Rice Promotion Fund the funds collected, less an amount not to exceed three and one-half percent (3-1/2%) of the gross amount collected. The amount withheld by the department must be approved by the Mississippi Rice Promotion Board by July 1 of each year. The payments to the Mississippi Rice Promotion Board shall be accompanied by a complete report of all funds collected and disbursed.
  4. Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all rice handled by him and shall furnish each producer with a signed sales slip showing the number of bushels purchased from him and the amount deducted by him for the Mississippi Rice Promotion Fund. Such records shall be in such form and contain such other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative thereof. Every purchaser or the Commodity Credit Corporation, at such time or times as the commissioner of the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this chapter. The department shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of rice and examine or cause to be examined by such agent, only books, papers and records which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this chapter.

HISTORY: Laws, 1981, ch. 384, § 3; Laws, 1983, ch. 315; Laws, 1987, ch. 452, § 2; Laws, 1991, ch. 307 § 1; Laws, 1992, ch. 563, § 1; reenacted and amended, Laws, 1994, ch. 421, § 2; Laws, 2005, ch. 435, § 1; reenacted and amended, Laws, 2008, ch. 400, § 1; brought forward without change, Laws, 2009, ch. 393, § 11; Laws, 2011, ch. 356, § 1, eff from and after passage (approved Mar. 14, 2011.).

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

Amendment Notes —

The 2005 amendment rewrote the last sentences of (2) and (3), and extended the date of the repealer from “July 1, 2005” until “July 1, 2008.”

The 2008 amendment reenacted and amended the section by extending the date of the repealer in (5) by substituting “July 1, 2011” for “July 1, 2008.”

The 2009 amendment brought the section forward without change.

The 2011 amendment deleted former (5) which read: “This section shall stand repealed from and after July 1, 2011.”

Cross References —

State Tax Commission to assist department in collecting assessments provided for in this chapter, see §69-10-13.

OPINIONS OF THE ATTORNEY GENERAL

Retail sales tax exemption for rice grown as seed is of no force and effect with regard to promotional assessments; therefore, effective July 1, 1992, Department of Agriculture and Commerce should collect said fees from sale of all rice grown within Mississippi. Ross, July 29, 1992, A.G. Op. #92-0552.

The Department of Agriculture and Commerce is the entity charged with collecting the state rice assessments, and the Commissioner, as executive head of the Department, may sign an agreement with the Commodity Credit Corporation for collection of certain rice assessments. Spell, Jan. 13, 2006, A.G. Op. 05-0634.

§ 69-10-7. Penalties; exemption.

  1. Any purchaser who fails to file a report or to pay any assessment within the time required by the department shall forfeit to the department a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of such amount for each month of delay or fraction thereof after the first month after such report was required to be filed or such assessment became due. The penalty shall be paid to the department and shall be disposed of by it in the same manner as funds derived from the payment of the assessment imposed herein.
  2. The department shall collect the penalties levied herein, together with the delinquent assessment, by any or all of the following methods:
    1. By voluntary payment by the person liable.
    2. By legal proceedings instituted in a court of competent jurisdiction.
  3. Any person required to collect the assessment provided for in this chapter who fails to remit same or who refuses to allow full inspection of the premises, or such books, records or other documents relating to the liability of such person for the assessment herein imposed, or who shall hinder or in any way delay or prevent such inspection, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or both.
  4. The provisions of this chapter shall not apply to any person who purchases one thousand (1,000) or less bushels of rice in any calendar year, provided he is not regularly engaged in the purchase of rice.

HISTORY: Laws, 1981, ch. 384, § 4; Laws, 1992, ch. 563, § 2; brought forward without change, Laws, 2009, ch. 393, § 12, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

Cross References —

State Tax Commission to assist department in collecting assessments provided for in this chapter, see §69-10-13.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 69-10-9. Expenditure of funds; report of expenditures; penalty for failure to report.

  1. The Mississippi Rice Promotion Board shall plan and conduct a program of research, education and advertising designed to promote the rice industry in Mississippi. The board is authorized to use the funds derived from the assessment imposed herein for these purposes, including basic administration expenses of the plan; provided, however, that the avails of the additional One Cent (1¢) assessment imposed from and after July 1, 1991, shall be expended solely for programs of research to promote further development of the rice industry in this state. Use of these funds may be applied, as prescribed in this section, within or without the State of Mississippi, including regional, national and international research and promotional applications.
    1. The Mississippi Legislature finds and declares that the factors which affect the ability of Mississippi rice farmers to market their crop are established by national and international forces in the world market. The Legislature further finds and declares that the expenditure of funds by the board for the purpose of influencing the development and implementation of national and international policy affecting the marketing of rice produced by Mississippi farmers is the expenditure of funds for a public purpose.
    2. The board may expend a portion of the funds received and administered by the board for the purpose of influencing the development and implementation of national and international policy affecting the marketing of rice produced by Mississippi farmers.
    3. The amount of funds expended by the board in each fiscal year for the purposes authorized in this subsection shall not exceed five percent (5%) of the budget of the board for that fiscal year.
    4. The board shall not expend any funds for the purpose of influencing any political activity.
  2. A report of all expenditures shall be made annually on December 31, with four (4) copies of the report to be filed and presented during regular sessions of the Mississippi Legislature with each of the following: the Chairman of the House of Representatives Agriculture Committee, the Chairman of the Senate Agriculture Committee, the Mississippi Department of Agriculture and Commerce and the State Auditor.
  3. If the board fails to make an annual report in violation of the provisions of subsection (2) of this section, the board shall be subject to a fine of not more than Five Hundred Dollars ($500.00).

HISTORY: Laws, 1981, ch. 384, § 5; Laws, 1991, ch. 307 § 2; Laws, 1994, ch. 421, § 3; Laws, 2009, ch. 393, § 13, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment substituted “political activity” for “legislative action on the state level” at the end of (2)(d); rewrote (3); and added (4).

§ 69-10-11. Provisions to be controlling.

Notwithstanding the provisions of any laws or parts of laws in conflict herewith, the provisions of this chapter shall be controlling to the extent of the conflict.

HISTORY: Laws, 1981, ch. 384, § 6; brought forward without change, Laws, 2009, ch. 393, § 14, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

§ 69-10-13. State Tax Commission to assist department in collecting assessments.

The State Tax Commission shall provide any information necessary to assist the Department of Agriculture and Commerce in collecting the assessments provided for in this chapter.

HISTORY: Laws, 1992, ch. 563, § 3; brought forward without change, Laws, 2009, ch. 393, § 15, eff from and after July 1, 2009.

Editor’s Notes —

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Amendment Notes —

The 2009 amendment brought the section forward without change.

§ 69-10-15. Commissioner authorized to audit Rice Promotion Board; information to be included in audit; injunction for violations of chapter.

  1. The commissioner may conduct an audit of the board to verify compliance with any rules and regulations promulgated for the efficient enforcement of this chapter.
  2. Under this section, the audited board shall provide information to the commissioner that verifies the amounts received and expended from the fees assessed and collected by the department and remitted to the board. Records maintained in the course of the normal conduct of business by the board may serve as verification.
  3. The commissioner may apply for and the court may grant a temporary or permanent injunction on disbursements made to the board from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

HISTORY: Laws, 2009, ch. 393, § 16, eff from and after July 1, 2009.

Chapter 11. Swine

§ 69-11-1. Declaration of purpose.

The purpose of this chapter is to eradicate and prevent the spread of contagious and infectious diseases of swine in the State of Mississippi through preventative methods based upon recommendations of leading veterinary medical authorities and animal disease research scientists to the effect that raw garbage keeps causative virus alive and the feeding of such garbage causes the spread of several contagious, infectious and deadly diseases of swine. Chief among these is hog cholera which is known to be spread among swine through the feeding of raw garbage. Trichinella infection in human population, foot and mouth disease, swine erysipelas, African swine fever, tuberculosis, brucellosis and other human and animal diseases have been associated with the feeding of garbage to swine. Since the production of swine is of great economic importance not only to the farmers of Mississippi but to the general economy of the state, it is deemed for the best interest and advancement of the agricultural economy and the general welfare of the State of Mississippi to prohibit the commercial feeding of garbage to swine from and after July 1, 1972.

HISTORY: Codes, 1942, § 4575-201; Laws, 1970, ch. 264, § 1, eff July 1, 1970.

RESEARCH REFERENCES

ALR.

Liability of packer, foodstore, or restaurant for causing trichinosis. 96 A.L.R.3d 451.

§ 69-11-3. Definition of terms.

For the purpose of this chapter, the following words shall mean:

“Commissioner” shall mean the commissioner of agriculture and commerce.

“Person” means the state, any municipality, county, political subdivision, institution, individual, partnership, corporation or association.

“Garbage” means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods including animal and fowl carcasses or parts thereof.

“Swine” means hogs, pigs or shoats.

HISTORY: Codes, 1942, § 4575-202; Laws, 1970, ch. 264, § 2, eff July 1, 1970.

§ 69-11-5. Feeding garbage to swine.

  1. It shall be unlawful for any person, municipality, county, political subdivision, governmental agency or department, institution, individual, partnership, corporation, association, other entity or organization to feed garbage to swine, except as permitted under subsection (2) of this section.
  2. This chapter shall not apply to any person who feeds only household garbage to swine for household consumption only.
  3. This chapter shall not apply to the Mississippi Department of Corrections. The department is authorized to feed to swine cooked garbage and vegetable refuse. The Mississippi Department of Corrections shall follow applicable state rules, regulations and guidelines that are equal to or exceed federal rules and regulations for cooking and feeding cooked garbage to swine. The Mississippi Department of Corrections may market and use for consumption swine that has been fed garbage.

HISTORY: Codes, 1942, §§ 4575-203, 4575-204; Laws, 1970, ch. 264, §§ 3, 4, eff July 1, 1970; Laws, 2001, ch. 357, § 1, eff from and after July 1, 2001.

§ 69-11-7. Authority of commissioner and state veterinarian.

The commissioner is hereby charged with the execution and enforcement of the provisions of this chapter and the state veterinarian shall have authority to exercise all of the powers vested in the commissioner in the enforcement of the provisions of this chapter and the rules and regulations promulgated hereunder.

HISTORY: Codes, 1942, § 4575-210; Laws, 1970, ch. 264, § 10, eff July 1, 1970.

§ 69-11-9. Rules and regulations.

The commissioner shall have power and authority to promulgate reasonable rules and regulations relating to the feeding of swine, the disposal of diseased and dead swine, and all other rules and regulations not in conflict with the provisions of this chapter designed to control and eradicate infectious and contagious diseases of swine as well as rules and regulations necessary to carry out the provisions of this chapter.

HISTORY: Codes, 1942, § 4575-211; Laws, 1970, ch. 264, § 11, eff July 1, 1970.

§ 69-11-11. Inspection and investigation.

The commissioner, the state veterinarian or any authorized employee of the department of agriculture and commerce shall have power and authority to enter upon any private or public property for the purpose of inspecting and investigating conditions relating to the feeding of swine to determine whether the requirements of this chapter are or are not being complied with and to inspect such premises for the purpose of eradicating and controlling contagious and infectious diseases of swine.

HISTORY: Codes, 1942, § 4575-208; Laws, 1970, ch. 264, § 8, eff July 1, 1970.

§ 69-11-13. Quarantine powers.

In addition to other quarantine powers now authorized by law, the commissioner, the state veterinarian, or any authorized employee of the state board of animal health are hereby authorized and empowered to quarantine any premises, area or enclosure on which swine are fed with garbage and no person shall move or allow to be moved any swine from any quarantined premises or areas except under conditions and requirements prescribed under rules and regulations promulgated by the commissioner. Quarantine notices and orders shall be served upon owners or persons having possession of swine in the manner now provided by law for quarantining premises on which diseased livestock are kept.

HISTORY: Codes, 1942, § 4575-209; Laws, 1970, ch. 264, § 9, eff July 1, 1970.

§ 69-11-15. Penalty.

Whoever violates this chapter shall be guilty of a misdemeanor and upon conviction in a court of competent jurisdiction shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00), and within the discretion of the court may also be imprisoned for a period not to exceed ninety (90) days. Any party violating the provisions of this law shall not be entitled to indemnity under the Cholera Indemnity Law of the State of Mississippi for any swine that have been found to have died from cholera during the period of such violation.

HISTORY: Codes, 1942, § 4575-213; Laws, 1970, ch. 264, § 13, eff July 1, 1970.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Chapter 13. Stock Laws, Estrays

Article 1. General Stock Law.

§ 69-13-1. General stock law.

There is declared, created and now in existence a statewide stock law which embraces all of the territory of the State of Mississippi and which is declared to be uniform throughout the state, except as hereinafter provided. Any person or persons owning or having under control any livestock such as cattle, horses, mules, jacks, jennets, sheep, goats and hogs, shall not permit such livestock to run at large upon the open or unfenced lands of another person, except as herein expressly provided, but shall keep such livestock confined in a safe inclosure or upon lands belonging to such person. However, upon the petition of twenty percent of the qualified electors of any county of this state, outside of the municipalities thereof, the board of supervisors of such county shall call an election to be held within sixty days after the filing of such petition for the purpose of permitting the qualified electors of such county, outside of the municipalities, to vote upon the question whether or not the provisions of the statewide stock law shall remain in force in such county, outside of the municipalities thereof; and if a majority of the qualified electors of such county, outside of the municipalities thereof, voting in said election, shall vote to sustain the statewide stock law, then it shall remain in full force and effect in said county, but should a majority of the qualified electors of said county, outside of said municipalities, voting in said election, vote against the statewide stock law, then sixty days after said election the provisions thereof shall not apply to or be in force in said county, outside of the municipalities thereof, except in its application to hogs or swine, which shall not be permitted in any event to run at large in any county of this state.

In the event a county has heretofore elected to come out from under the stock law, no less than five years after such election, upon the petition of twenty percent of the qualified electors of any such county outside the municipalities thereof, the board of supervisors shall call an election to be held within sixty days after the filing of such petition to vote upon the question of whether or not the provisions of the statewide stock law shall apply in that county outside the municipalities. If a majority of the qualified electors of such county, outside of the municipalities thereof, voting in said election, shall favor the statewide stock law, then sixty days after said election the provisions of the statewide stock law shall apply in that county outside the municipalities. If the majority of those voting in the election vote against the statewide stock law, the provisions of the statewide stock law shall continue to be inapplicable to such county outside municipalities. No election on the same question may be held more often than once every two years.

HISTORY: Codes, 1930, § 5441; 1942, § 4864; Laws, 1926, ch. 263; Laws, 1931, ch. 23; Laws, 1968, ch. 243, § 1, eff from and after passage (approved August 7, 1968).

Cross References —

Authority of municipalities to regulate running at large of large animals, see §21-19-9.

Livestock at large on federal or state highways, see §§69-13-101 et seq.

Laws concerning estrays, see §§69-13-301 et seq.

JUDICIAL DECISIONS

1. In general.

Where the statewide stock law is in full force, the owner of livestock is required to keep them under a safe enclosure of his own, without regard to whether or not other land owners in the stock law district have a sufficient fence, or any fence at all, around their crops. Galloway v. Brown, 230 Miss. 471, 93 So. 2d 459, 1957 Miss. LEXIS 390 (Miss. 1957).

In a stockowner’s replevin action wherein defendant cross claimed for damages for trespass, the plaintiff was liable for such damages as the defendant could prove within a reasonable degree of certainty as resulting to his fences, pasture or oat crop by reason of the running of the plaintiff’s cattle, and the disturbing of the defendant’s cattle in the execution of the writ of replevin. Galloway v. Brown, 230 Miss. 471, 93 So. 2d 459, 1957 Miss. LEXIS 390 (Miss. 1957).

Neither this section nor Code 1942, § 4871, was enacted for the purpose of protecting motorists upon the public highways from personal injury or property damage caused by collision with domestic animals straying onto the highway, but for the purpose of protecting agricultural crops in stock law areas from the ravages of straying livestock. Pennyan v. Alexander, 229 Miss. 704, 91 So. 2d 728, 1957 Miss. LEXIS 317 (Miss. 1957).

It is enough that the presence and actions of dogs and chickens create nuisance, and it is immaterial that such are not included with the terms of this section. White v. Lewis, 213 Miss. 686, 57 So. 2d 497, 1952 Miss. LEXIS 412 (Miss. 1952).

It is within the constitutional power of the legislature to enact laws so as to prevent animals from running at large, and to require them to be confined within safe inclosures. Bonnett v. Brown, 155 Miss. 833, 125 So. 427, 1930 Miss. LEXIS 127 (Miss. 1930).

In an action against railroad company for killing a mule where the company’s liability was questioned by the jury, a stock ordinance in force in the city has no application to defendant’s liability. O'Kelly v. Yazoo & M. V. R. Co., 94 Miss. 635, 47 So. 660, 1909 Miss. LEXIS 320 (Miss. 1909).

OPINIONS OF THE ATTORNEY GENERAL

Section 69-13-1 of the general stock laws mandates that all livestock owners “keep such livestock confined in a safe inclosure or upon lands belonging to such person.” The presence of a cattle gap does not serve to legally create an “open range” or remove this obligation. Caldwell, August 9, 1996, A.G. Op. #96-0425.

RESEARCH REFERENCES

Am. Jur.

4 Am. Jur. 2d, Animals §§ 92-95 et seq.

2 Am. Jur. Legal Forms 2d, Animals § 20:237 (contract – development of dairy herd).

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 41 et seq. (animals running at large or trespassing).

CJS.

3B C.J.S., Animals §§ 200, 211 et seq.

§ 69-13-3. Election; ballots.

The board of supervisors shall provide for the holding of elections under the provisions of this article in the same manner as now provided by law for holding special elections in the county and the ballots for such election shall have written or printed upon them the following:

“For State-Wide Stock Law Against State-Wide Stock Law ”

Click to view

But the result of said election in any county shall in no wise affect the operation of the state-wide stock law in so far as it relates to hogs. When an election has been held in any county, then no other election shall be held in that county within twelve months.

HISTORY: Codes, 1942, § 4866; Laws, 1931, ch. 23.

§ 69-13-5. Counties; excepted.

The provisions of this article as to holding elections as provided in Section 69-13-1, shall not apply in any county where or in which more than one-fourth of the total number of acres of land in such county, according to the federal farm census of 1930, are in actual cultivation, that is to say that in all counties in the state in which one-fourth of the land is in cultivation, according to the federal farm census of 1930, the provisions of the state-wide stock law shall be and remain in full force and effect.

HISTORY: Codes, 1942, § 4867; Laws, 1931, ch. 23.

§ 69-13-7. Fences.

If two or more adjoining counties shall at an election called pursuant to Section 69-13-1, vote against the state-wide stock law, then in such case, no fence or other barrier along the boundary lines of such county shall be necessary. However, in the event that two or more counties shall at such an election vote against the state-wide stock law, but an adjoining county or counties shall elect to remain under the provisions of the state-wide stock law, then the county or counties voting against the state-wide stock law shall, at its or their own proper cost and expense, before the provisions hereof shall become effective in such county or counties, build and erect and maintain along the line or lines of such counties a good and substantial fence or other sufficient barrier to prevent the intrusion of all such livestock mentioned in Section 69-13-1 as are permitted by the provisions of said section in such county or counties voting against the state-wide stock law, over, on, and upon the territory of the county or counties remaining under the provisions of the state-wide stock law. The fence herein provided shall be a fence satisfactory to and prescribed by the board of animal health, but no cattle guard or other obstruction shall be constructed or placed on any state highway. However, any infested county must provide watchmen night and day at such points to prevent cattle from passing through the gap where county fences would cross state highways.

HISTORY: Codes, 1942, § 4865; Laws, 1931, ch. 23.

§ 69-13-9. Lawful fence in open range counties defined.

In open range counties all fences four feet high, in good repair, and substantially and closely built with rails, planks, pickets, hedges or other substantial material, or with wires or wires and plank are lawful fences; and lawful fences may be made by raising the ground into a ridge and erecting thereon a fence of rails, planks, pickets, hedges, wires, or planks and wires, or other substantial material so that the ridge and fence together be four feet high, and such material so used shall not be more than six inches apart.

HISTORY: Codes, 1942, § 4865-01; Laws, 1946, ch. 435, §§ 1, 2.

§ 69-13-11. Stock law districts in counties with sea walls.

In counties in the State of Mississippi wherein sea walls or similar structures are constructed and maintained by the county, and in which there are two or more municipalities, each of which have ten thousand inhabitants or more, the board of supervisors in such counties may, by ordinance, create a stock law district of such area adjoining such sea wall or structure as such board may determine and adjudicate, not to extend more than one mile from such sea wall. The ordinance which may be so adopted by the board of supervisors creating such a stock law district may prohibit live stock such as cattle, horses, mules, jacks, jennets, sheep, goats, or hogs, running at large within the territory so designated as the stock law district, and such ordinance so adopted by the board of supervisors shall provide the method in which such stock law may be enforced in said district, and the penalty for the violation thereof, shall be in accordance with the provisions of the general statewide stock law.

The board of supervisors is hereby authorized and empowered to accept donations, grants or gifts from any private individual, corporation or organization, for the purpose of building and constructing fence or fences as necessary to protect such area.

HISTORY: Codes, 1942, § 4869; Laws, 1938, ch. 291.

§ 69-13-13. Tick reinfestation.

If any county in the State of Mississippi by vote comes from under the provisions of the present state-wide stock law, and said county thereafter becomes tick infested, all expenditures in connection with the tick eradication in said county or tick infested area or areas, must be paid from the funds of said county, except the salary and expenses of the state officers and agents. Furthermore, any county that comes from under the state-wide stock law under the provisions of Sections 69-13-1 through 69-13-27 and becomes infested with the Texas fever tick, the same shall, on complaint of the board of animal health, go back under the provisions of the state-wide stock law.

HISTORY: Codes, 1942, § 4868; Laws, 1931, ch. 23.

Cross References —

Board of Animal Health, see §§69-15-2 et seq.

Authorization of board of supervisors to assist in eradicating tick fever, see §69-15-307.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 94 et seq.

§ 69-13-15. Stock taken up; what done.

Any livestock as referred to in Section 69-13-1, found running at large upon the lands of any other person than the owner or custodian of such stock, may be taken up by any sheriff, constable, marshal, or other peace officer of the state within his territorial jurisdiction, and confined within a safe enclosure. If such animal, or animals, taken up be infested with, or exposed to Texas fever tick, they may be dipped by such officers, or persons, having such animal, or animals, so confined, until said livestock are free from infestation, and said dipping shall be under the rules and regulations prescribed by the board of animal health as near as possible. And the charges for so taking up and confining, together with any damage done by said stock, if any, shall be a special, first and paramount lien upon said livestock, and unless same are paid by the owner, or persons having such livestock under his control, when so notified, such livestock shall be sold as estrays, and the cost of taking up and confining, and damages, if any, together with other costs and expenses, shall first be deducted, and the balance, if any, shall be paid to the owner, or person having such livestock under his control, and the officer, or person, taking up such livestock, in addition to all other charges as now allowed by law, shall receive 50 cents per head for each dipping of each animal infested with or exposed to fever tick.

HISTORY: Codes, 1930, § 5442; 1942, § 4870; Laws, 1926, ch. 263.

Cross References —

Authority of municipalities to regulate running at large of large animals, see §21-19-9.

Estrays, generally, see §§69-13-301 et seq.

JUDICIAL DECISIONS

1. In general.

The owner of lands was entitled to equitable relief by way of permanent injunction against the repeated and continuous trespassing of defendant’s stock roaming at large and was not relegated to the statutory remedy of taking up the stock and making a charge therefor; such remedy was wholly inadequate to protect her against such repeated and continuous trespasses, notwithstanding an alleged custom established in the neighborhood of permitting stock to roam at large on the open range. Rosenblatt v. Escher, 184 Miss. 274, 185 So. 551, 1939 Miss. LEXIS 21 (Miss. 1939).

RESEARCH REFERENCES

Am. Jur.

4 Am. Jur. 2d, Animals §§ 92-95 et seq.

2 Am. Jur. Legal Forms 2d, Animals, §§ 20:251 et seq. (trespassing animals).

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 41 et seq. (animals running at large or trespassing).

CJS.

3B C.J.S., Animals §§ 200, 211 et seq.

§ 69-13-17. Any person may take up stock.

Any such livestock as referred to in Section 69-13-1 may be taken up and confined by any person upon whose land such animal, or animals, may have entered or may be found, such person not having consented for the animal, or animals, to run at large on such land, and when so taken up shall be dealt with as estrays. For taking up any animal the person so taking the animal up shall be allowed Ten Dollars ($10.00) per head for each animal so taken up, but in no case shall he be entitled to receive more than Fifty Dollars ($50.00) for stock taken up at any one time. He may also receive reasonable compensation for feeding and caring for such animals while keeping them.

HISTORY: Codes, 1857, ch. 16, art. 16; 1871, § 1922; 1880, § 985; 1892, §§ 2046, 2047; 1906, §§ 2225, 2226; Hemingway’s 1917, §§ 4544, 4545; 1930, § 5444; 1942, § 4872; Laws, 1978, ch. 372, § 1, eff from and after July 1, 1978.

Cross References —

Estrays, generally, see §§69-13-301 et seq.

JUDICIAL DECISIONS

1. In general.

In replevin action to recover cattle which had been taken up by defendant for straying onto his land, wherein defendant made cross-demand for damages to oat crop and land, and for taking up, caring and feeding the cattle, allowance of double damages for taking up, caring and feeding the cattle was erroneous. Calcote v. May, 207 Miss. 547, 42 So. 2d 742, 1949 Miss. LEXIS 363 (Miss. 1949).

§ 69-13-19. Owner liable for damages.

Every owner of livestock referred to in Section 69-13-1 shall be liable for damages for all injuries and trespasses committed by such animals by breaking and entering into or upon the lands, grounds, or premises of another person; and the person injured shall have a lien upon the animal, or animals, trespassing for all such damage. The damages for such trespass shall not be less than Ten Dollars ($10.00) for each horse, cow or hog, and Five Dollars ($5.00) for each of the other kinds of stock; and for every succeeding offense, after the owner has been notified of the first trespass or injury, double damages shall be recovered with costs. For breaking or entering into a pasture or waste ground, however, double damage shall not be recoverable, and the damages in such cases may be assessed as low as Eight Dollars ($8.00) for each horse, cow or hog and Two Dollars ($2.00) for each of the other kinds of livestock.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 6 (1); 1857, ch. 16, art. 15; 1871, § 1921; 1880, § 984; 1892, §§ 2043, 2044, 2045; 1906, §§ 2222, 2223, 2224; Hemingway’s 1917, §§ 4541, 4542, 4543; 1930, § 5443; 1942, § 4871; Laws, 1978, ch. 376, § 1, eff from and after July 1, 1978.

JUDICIAL DECISIONS

1. In general.

2. Roadways.

3. Damages reasonable.

1. In general.

Statute provides a guideline for the trial court to follow when calculating damages, and the damages can be assessed for as little as $8.00, but the statute does not limit the court’s ability to impose heftier sums per trespassing event; it is within the trial court’s discretion to assess damages in order to make the injured party whole. Maslon v. Brown, 148 So.3d 27, 2014 Miss. App. LEXIS 541 (Miss. Ct. App. 2014).

The statutory guide to damages set forth in §69-13-19 for loss of crops as a result of trespass of livestock is not the maximum amount of damages allowed but it is the minimum. Stephens v. Brock, 568 So. 2d 702, 1990 Miss. LEXIS 296 (Miss. 1990).

Where defendant cross claimed for damages for trespass in a stockowner’s replevin action, the stockowner was liable for such damages as the defendant could prove within a reasonable degree of certainty as resulting to his fences, pasture or oat crop by reason of the running of the plaintiff’s cattle, and the disturbing of the defendant’s cattle in the execution of the writ of replevin. Galloway v. Brown, 230 Miss. 471, 93 So. 2d 459, 1957 Miss. LEXIS 390 (Miss. 1957).

In a stock owner’s replevin action wherein defendant counterclaimed for damages caused by trespassing, an instruction which might have misled the jury to believe that they were authorized to assess the plaintiff with the value of his own cattle in addition to, and as a part of, the allowance to defendant of damages, was error, since defendants were only entitled to have their lien established against the cattle for the amount of actual damages sustained by them by reason of the trespassing of the plaintiff’s cattle upon their land, fences and crops, the amount of which should be proved with a reasonable degree of certainty as a proximate result of the fault of the plaintiff. Galloway v. Brown, 230 Miss. 471, 93 So. 2d 459, 1957 Miss. LEXIS 390 (Miss. 1957).

In a stock owner’s replevin action wherein landowner counterclaimed for damages caused by the trespassing cattle, the landowner was not entitled to any damage caused after the stock owner offered to remove his cattle and was prevented by the landowner from doing so, or refrained from doing so because of the strenuous objection of the landowner. Galloway v. Brown, 230 Miss. 471, 93 So. 2d 459, 1957 Miss. LEXIS 390 (Miss. 1957).

Double damages were not allowable under this section where stockowner’s cattle had entered upon and grazed upon a portion of an oat field which was planted for and used only as a pasture for cattle belonging to landowner and others, and an instruction, authorizing the assessment of such damages if the jury found there had been, to the knowledge of the stockowner, former trespasses, was erroneous. Galloway v. Brown, 230 Miss. 471, 93 So. 2d 459, 1957 Miss. LEXIS 390 (Miss. 1957).

The liability of owner of livestock trespassing upon the lands of another in a stock law district for the actual damages caused by the trespassing cattle is absolute. Galloway v. Brown, 230 Miss. 471, 93 So. 2d 459, 1957 Miss. LEXIS 390 (Miss. 1957).

In replevin action to recover cattle which defendant had taken up when they strayed onto his land, wherein defendant made a cross-demand for damages to oat crop and land, and for taking up, caring and feeding the cattle, charges for taking up the cattle and their care and feeding are not subject to double damages. Calcote v. May, 207 Miss. 547, 42 So. 2d 742, 1949 Miss. LEXIS 363 (Miss. 1949).

Owner of trespassing stock is absolutely liable for damages done by them to the crops of others and questions of due care and negligence in confining stock are eliminated. Minor v. Dockery, 125 Miss. 727, 88 So. 321, 1921 Miss. LEXIS 160 (Miss. 1921).

It was reversible error to instruct the jury that before plaintiff can recover, the hogs of defendant must have done all the damage sued for. Merrill v. Dockery, 124 Miss. 41, 86 So. 709, 1920 Miss. LEXIS 493 (Miss. 1920).

The common law which requires the owner of stock to keep them from trespassing upon the land of others has no application here; but the whole subject is under the control and power of the legislature and it may, without violating any legal rights, require an owner to so confine his stock as to keep them off the land of others. Anderson v. Locke, 64 Miss. 283, 1 So. 251, 1886 Miss. LEXIS 57 (Miss. 1886).

If an act of legislature against stock running at large authorize stock trespassing to be taken up and carried to the nearest justice of the peace, to be sold by him after due notice given, the fact that the justice, in any given case is father-in-law of the party on whose land the cattle have been trespassing does not render him incompetent to perform such act, since it is not judicial in its character. Anderson v. Locke, 64 Miss. 283, 1 So. 251, 1886 Miss. LEXIS 57 (Miss. 1886).

If one allow the stock of a stranger to mingle with his own and trespass on another, he is “owner” pro hac vice, and liable for the damages done by all the stock. Montgomery v. Handy, 62 Miss. 16, 1884 Miss. LEXIS 6 (Miss. 1884).

The common inclosure remains until one party has entirely segregated his lands from the others by a lawful fence. Montgomery v. Handy, 62 Miss. 16, 1884 Miss. LEXIS 6 (Miss. 1884).

To constitute a common inclosure, the fence surrounding it need not be a lawful fence. Montgomery v. Handy, 62 Miss. 16, 1884 Miss. LEXIS 6 (Miss. 1884).

2. Roadways.

Neither Code 1942, § 4864, nor this section was enacted for the purpose of protecting motorists upon the public highways from personal injury or property damage caused by collision with domestic animals straying onto the highway, but for the purpose of protecting agricultural crops in stock law areas from the ravages of straying livestock. Pennyan v. Alexander, 229 Miss. 704, 91 So. 2d 728, 1957 Miss. LEXIS 317 (Miss. 1957).

3. Damages reasonable.

Damage to the owner’s property was temporary in nature and could be corrected through repairs, and the argument that the damages were not established with reasonable certainty was without merit; there was testimony and evidence in the form of police reports that established damages to the owner’s property, and the damages awarded for the cattle trespass were not unreasonable and outrageous. Maslon v. Brown, 148 So.3d 27, 2014 Miss. App. LEXIS 541 (Miss. Ct. App. 2014).

RESEARCH REFERENCES

ALR.

Landlord’s liability to third person for injury resulting from attack by dangerous or vicious animal kept by tenant. 81 A.L.R.3d 638.

Liability for personal injury or death caused by trespassing or intruding livestock. 49 A.L.R.4th 710.

CJS.

3B C.J.S., Animals §§ 328 et seq.

§ 69-13-21. How lien enforced.

The person taking up an animal trespassing, after two days may begin his action to recover damages and charges and to enforce his lien, by filing a bill of particulars of his damages, together with a description of the animal on which the lien is claimed, with a justice of the peace, if his claim does not exceed two hundred dollars; and the justice shall issue a summons for the owner or person entitled to the custody, returnable instanter at such place as he shall designate; and if the animal be not in the custody of the plaintiff, the justice may issue a writ commanding the officer to seize the animal. The summons being executed and returned, the justice shall proceed as in other suits. If the justice finds in favor of the plaintiff, he will assess the damages and charges and enter judgment accordingly, and direct the animal to be sold to satisfy the judgment; and if the animal be not in custody of the plaintiff or officer the order for sale may embrace a command to levy upon it.

HISTORY: Codes, 1880, § 985; 1892, § 2049; 1906, § 2228; Hemingway’s 1917, § 4547; 1930, § 5445; 1942, § 4873.

Cross References —

Liens, generally, see §§85-7-1 et seq.

Remedy to enforce liens, generally, see §85-7-31.

RESEARCH REFERENCES

Am. Jur.

2 Am. Jur. Legal Forms 2d, Animals, §§ 20:201 et seq. (trespassing animals).

§ 69-13-23. Appeal to circuit court.

The party against whom judgment may be given in a case to enforce a lien pursuant to Section 69-13-21 may appeal to the circuit court as other cases.

HISTORY: Codes, 1880, § 987; 1892, § 2050; 1906, § 2229: Hemingway’s 1917, § 4548; 1930, § 5446; 1942, § 4874.

Cross References —

Appeals from justices of the peace in civil cases, generally, see §11-51-85.

§ 69-13-25. Case brought in circuit court to enforce lien where over two hundred dollars claimed.

If the amount claimed for the damages by animals trespassing exceed two hundred dollars, the plaintiff will proceed by petition in the circuit court, wherein the proceedings shall be according to the practice of that court; and the clerk shall perform the ministerial duties prescribed for justices of the peace in cases before them.

HISTORY: Codes, 1892, § 2051; 1906, § 2230; Hemingway’s 1917, § 4549; 1930, § 5447; 1942, § 4875.

Cross References —

Practice in circuit court, see §§9-7-3 et seq.

§ 69-13-27. Owner may replevy animal.

The owner of the animal, or person entitled to the custody, may, after suit is brought and before final judgment, replevy the animal by giving bond, with sufficient sureties, to be approved by the justice of the peace, clerk, constable, or sheriff, in double the value thereof; and thereafter the suit shall proceed and the bond be in the place of the animal, and judgment may be rendered against the obligors therein.

HISTORY: Codes, 1880, § 986; 1892, § 2052; 1906, § 2231; Hemingway’s 1917, § 4550; 1930, § 5448; 1942, § 4876.

JUDICIAL DECISIONS

1. In general.

In a stockowner’s replevin action wherein defendant cross-claimed for damages for trespass, the plaintiff was liable for such damages as the defendant could prove within a reasonable degree of certainty as resulting to his fences, pasture or oat crop by reason of the running of the plaintiff’s cattle, and the disturbing of the defendant’s cattle in the execution of the writ of replevin. Galloway v. Brown, 230 Miss. 471, 93 So. 2d 459, 1957 Miss. LEXIS 390 (Miss. 1957).

The surety, although he may in a proper case assert nonliability thereunder by contesting his original liability or asserting discharge, is not properly a party to the action of replevin, and must cede to his principal the responsibility of a defense upon the merits. Calcote v. May, 207 Miss. 547, 42 So. 2d 742, 1949 Miss. LEXIS 363 (Miss. 1949).

Surety on possessory bond in replevin suit under this section may not draw upon either the forbearance of the defendant or the neglect of the plaintiff to avoid a liability upon the bond which was evidently satisfactory to both. Calcote v. May, 207 Miss. 547, 42 So. 2d 742, 1949 Miss. LEXIS 363 (Miss. 1949).

Surety on replevin bond could not contend that no judgment could be allowed against him because the bond was ineffectual on the ground that statute required at least two individual sureties. Calcote v. May, 207 Miss. 547, 42 So. 2d 742, 1949 Miss. LEXIS 363 (Miss. 1949).

Surety on replevin bond is not entitled to notice of the fact of loss of the replevin bond and proceedings for its substitution or re-establishment under §§ 766, 767, Code of 1942. Calcote v. May, 207 Miss. 547, 42 So. 2d 742, 1949 Miss. LEXIS 363 (Miss. 1949).

Article 3. Livestock at Large on Federal or State Highways.

§ 69-13-101. Unlawful for livestock to roam at large on federal or state designated highways.

It shall be and is hereby declared unlawful for any livestock to roam at large on the federal or state designated paved highways or highway rights-of-way of the State of Mississippi, except, however, that in those counties that have heretofore voted to come out from under the statewide stock law this shall only apply to U.S. designated highways, Mississippi Highway 55, and all paved Mississippi highways where said highways traverse more than one (1) county and connect directly with another paved highway in another state being extensively traveled by citizens of other states, and the rights-of-way thereof; and except also that this section shall not apply to any such highway or highway right-of-way or any type of highway or road located on any levee maintained by the Board of Mississippi Levee Commissioners or the board of levee commissioners for the Yazoo-Mississippi Delta through maintenance contracts calling for or permitting pasturage of livestock on levee rights-of-way.

HISTORY: Codes, 1942, § 4876-01; Laws, 1956, ch. 140, § 1; Laws, 1958, ch. 463, § 1; Laws, 1979, ch. 331, eff from and after passage (approved March 1, 1979).

RESEARCH REFERENCES

ALR.

Liability for damage to motor vehicle or injury to person riding therein from collision with runaway horse, or horse left unattended or untied in street. 49 A.L.R.4th 653.

Liability for personal injury or death caused by trespassing or intruding livestock. 49 A.L.R.4th 710.

Am. Jur.

4 Am. Jur. 2d, Animals §§ 92-95 et seq.

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 41 et seq. (animals running at large or trespassing).

CJS.

3B C.J.S., Animals §§ 211 et seq.

§ 69-13-103. Responsibility of commissioner of public safety for impounding of livestock; authority of supervisors.

The commissioner of public safety shall be placed in charge of and be responsible for the taking up and impounding of livestock found on the highways or highway right-of-ways described in Section 69-13-101. The commissioner of public safety is authorized, in his discretion, to secure the services of any person or persons residing in the respective counties of the state where he deems it necessary or advisable, other than an elected county officer, who shall assist the highway safety patrol in taking up such loose livestock and impounding the same in a private enclosure, which the private individual provides, without any cost to the state, such an individual being paid solely from the fees and assessments hereinafter provided against any such livestock. The commissioner of public safety, in the alternative, may require that such livestock be impounded in an enclosure, in the event the board of supervisors of that county has provided such an enclosure for that purpose.

A private individual hired by the commissioner of public safety to pick up loose livestock may not pick up such livestock off the highways and highway right-of-ways unless a state highway patrolman, or a sheriff or his deputy, or a constable, or some other law enforcement officer is present at the time such livestock is picked up.

The board of supervisors of each county within the State of Mississippi may, in its discretion, make provision for the care of animals so taken up and impounded under the provisions of this article and all county officers and law enforcement officers are directed to give full cooperation to the highway safety patrol in carrying out the provisions of this article.

HISTORY: Codes, 1942, § 4876-01; Laws, 1956, ch. 140, § 1; Laws, 1958, ch. 463, § 1.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 134 et seq.

§ 69-13-105. Charges against impounded livestock.

The fees, assessments, liens and charges against livestock picked up and impounded under Sections 69-13-101 and 69-13-103 are as follows:

An assessment of Ten Dollars ($10.00) per head, which shall go to the private individual employed by the commissioner of public safety to perform such work.

Two Dollars and Fifty Cents ($2.50) per head, which shall be an impoundment fee, One Dollar ($1.00) of which shall be forwarded, for each animal impounded, to the state treasurer, earmarked for the Mississippi Highway Safety Patrol, on the first day of each month, and the balance of One Dollar and Fifty Cents ($1.50) shall be deposited in the general county fund of the county in which the animal is impounded.

There shall be an assessment of One Dollar and Fifty Cents ($1.50) per day, per head of impounded livestock, such assessment to be deposited in the general county fund to pay for the cost of feeding and caring for such livestock, if the livestock is impounded in a county-owned and operated enclosure, but if the animal is impounded in a private enclosure provided by the private individual employed by the commissioner of public safety, such fee shall be paid to that individual.

Any incidental costs, such as securing the services of a veterinarian, a milker or other necessary incidental expenses.

All the above assessments, fees and costs shall be and are hereby made a first and paramount lien upon such animals until same are paid in full, and upon the sale of the livestock, as provided in this article, all such assessments shall be withheld and taken from the proceeds of the sale and paid to the proper person, officer or fund as set forth above prior to the payment of any amount to the original owner of the animal.

HISTORY: Codes, 1942, § 4876-01; Laws, 1956, ch. 140, § 1; Laws, 1958, ch. 463, § 1; Laws, 1973, ch. 321, § 1, eff from and after passage (approved March 14, 1973).

Cross References —

Liens, generally, see §§85-7-1 et seq.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 134 et seq.

§ 69-13-107. Highway safety patrol to provide equipment or contract with private individuals to remove livestock.

The Mississippi Highway Safety Patrol shall, in the alternative:

Provide necessary equipment to remove such livestock from the highways and shall impound all livestock found on all highways as provided in this article, or

Contract for and obtain the services of private individuals to remove such livestock from the highways and impound the same in the private pen or enclosures provided by such private individuals, in accordance with the provisions of this article.

HISTORY: Codes, 1942, § 4876.03; Laws, 1956, ch. 140, § 3; Laws, 1958, ch. 463, § 2.

§ 69-13-109. Description of impounded livestock to be published; form; notice of sale.

When any livestock shall have been taken up and impounded in the enclosure to be provided by the board of supervisors, the sheriff of said county or counties shall be responsible for having the descriptions of all such livestock published in one weekly newspaper with general circulation in that part of the county where livestock was taken up. Such notice shall be in substantially the following form:

“To Whom It May Concern:

You are hereby notified that the following described livestock (giving full and accurate description of same, including marks and brands) is now impounded at (giving location where livestock is impounded) and the amount due by reason of such impounding is $ dollars per day. The above described livestock will, unless redeemed within five (5) days from date hereof, be offered for sale at public auction to the highest and best bidder for cash. Date Sheriff of County, Mississippi” Unless the impounded livestock is redeemed within five days from date of notice, the sheriff shall forthwith give notice of sale thereof which shall be held not less than five days nor more than twelve days (excluding Sundays and holidays) from the first publication of the notice of sale. Said notice of sale shall be published in a newspaper of general circulation in the said county (excluding Sundays and holidays) and by posting a copy of such notice at the court house door. If there be no such newspaper then by posting such copy at the court house door and at two other conspicuous places in said county. Such notice of sale shall be in substantially the following form: “(Name of owner, if known, otherwise ’To Whom It May Concern’) you are hereby notified that I will offer for sale and sell at public sale to the highest and best bidder for cash the following described livestock (giving full and accurate description of each head of livestock) at o’clock, .M. (the hour of sale to be between 11 o’clock A.M. and 2 o’clock P.M. Central Standard Time) on the day of at the following place: (which place shall be where the livestock is impounded or at the place provided by the county commissioners for the taking up and keeping of such livestock) to satisfy a claim in the sum of for fees, expenses for feeding and care and costs hereof. Date Sheriff of County, Mississippi”

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If the rightful owners shall claim the impounded animals, they may do so by paying all assessments or liens as herein provided, after signing for them on forms provided by the commissioner of public safety, such forms to include the descriptions of said animals. All receipts shall be deposited in a special fund known as the “Sheriff’s Livestock Sale Fund.” If it is later determined who the rightful owners are, the sheriff may have refunded to them the selling price after all liens are paid. Any funds accrued in this account shall, on June first of each year, be transferred to the general county fund.

HISTORY: Codes, 1942, § 4876-02; Laws, 1956, ch. 140, § 2, eff from and after six months after passage (approved April 5, 1956).

§ 69-13-111. Owners of livestock roaming at large liable for damages.

The owners of livestock which through their owner’s negligence are found on federal or state designated paved highways or highway rights-of-way shall be subject to any damages as a result of wrecks, loss of life or bodily injury as a result of said livestock being on the above designated highways. The burden shall be on the owner of any such livestock to prove lack of negligence. This section shall not be applicable to any such highway or highway right-of-way or any type of highway or road located on any levee maintained by the Board of Mississippi Levee Commissioners or the board of levee commissioners for the Yazoo-Mississippi Delta through maintenance contracts calling for or permitting pasturage of livestock on levee rights-of-way.

HISTORY: Codes, 1942, § 4876-05; Laws, 1956, ch. 140, § 5; Laws, 1979, ch. 330, eff from and after passage (approved March 1, 1979).

JUDICIAL DECISIONS

1. In general.

2. Applicability.

3. Lack of negligence.

1. In general.

The language of §69-13-111 stating that the “burden shall be on the owner of any such livestock to prove lack of negligence” applies to both the act and proximate cause elements of a negligence claim, so that the statute creates a presumption that the owner of stray livestock is negligent in his or her confinement of the animal, and also creates a presumption of proximate causation; the presumption does not create a case of absolute liability, but simply makes a prima facie case of negligence to the extent that the defendant is then called upon to meet it with an explanation. Carpenter v. Nobile, 620 So. 2d 961, 1993 Miss. LEXIS 242 (Miss. 1993).

In the absence of evidence of negligence in the maintenance of his fences on the part of the owner of a calf, he was not liable in damages to a motorist whose car collided with the animal on a public highway. Hartford Ins. Group v. Massey, 216 So. 2d 415, 1968 Miss. LEXIS 1224 (Miss. 1968).

Proof by a truck owner that his vehicle was damaged as result of a collision between the truck and a bull belonging to defendants, and that the collision took place on a state-designated, paved highway established a prima facie case for liability under this section. Hagger v. Self, 254 Miss. 508, 183 So. 2d 175, 1966 Miss. LEXIS 1554 (Miss. 1966).

Evidence that a bull which damaged a truck on a public highway made its escape by pushing a four-strand barbed wire fence to the ground met the owners’ burden that the escape of the animal had been without negligence on their part. Hagger v. Self, 254 Miss. 508, 183 So. 2d 175, 1966 Miss. LEXIS 1554 (Miss. 1966).

The owner of livestock straying onto highway and there causing damage has the burden of proving absence of negligence. National Dairy Products Corp. v. Jumper, 241 Miss. 339, 130 So. 2d 922, 1961 Miss. LEXIS 353 (Miss. 1961).

2. Applicability.

In a case for damages arising from a collision between a driver and a bull, while the statute created a presumption of negligence against the owner of livestock involved in an accident on a highway, it did not necessarily preclude a finding of negligence against a keeper of an animal who exercised control over the animal. McMillan v. Rodriguez, 823 So. 2d 1173, 2002 Miss. LEXIS 255 (Miss. 2002).

This section did not apply to an accident involving a motor vehicle and a cow which occurred on a county road. Barrett v. Parker, 757 So. 2d 182, 2000 Miss. LEXIS 34 (Miss. 2000).

3. Lack of negligence.

In an action arising out of an accident involving the plaintiff’s car and the defendant’s bull, the court properly gave a peremptory instruction in favor of the defendant where the plaintiff presented no evidence demonstrating that the defendant was negligent in the construction or maintenance of the fence around the field from which the bull escaped and the defendant presented extensive evidence pertaining to the construction and maintenance of the fence. Harris v. Penn, 798 So. 2d 544, 2001 Miss. App. LEXIS 7 (Miss. Ct. App. 2001).

RESEARCH REFERENCES

ALR.

Liability of owner or operator of vehicle for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway. 21 A.L.R.4th 159.

Liability for damage to motor vehicle or injury to person riding therein from collision with runaway horse, or horse left unattended or untied in street. 49 A.L.R.4th 653.

Liability for personal injury or death caused by trespassing or intruding livestock. 49 A.L.R.4th 710.

Am. Jur.

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Form 57.1 (complaint, petition, or declaration – cow on highway – violation of statute – damage to vehicle – loss of wages or profit).

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Form 60.1, (answer – affirmative defense – suit by owner of damaged vehicle – negligence of plaintiff).

CJS.

3B C.J.S., Animals §§ 328 et seq.

§ 69-13-113. State or county not liable for injury to impounded livestock.

Neither the state nor any county shall be liable for any injury which may occur to livestock which is picked up and removed from the highways and highway right-of-ways and impounded, or which may be sold under the provisions of this article.

HISTORY: Codes, 1942, § 4876-03.5; Laws, 1958, ch. 463, § 3.

§ 69-13-115. Penalty for removal of impounded livestock without paying fees.

Any person who wrongfully removes impounded livestock from the enclosure provided by the board of supervisors under this article, without paying all fees and assessments against same, shall be guilty of a misdemeanor and, upon conviction, shall be punished as in other cases provided.

HISTORY: Codes, 1942, § 4876-04; Laws, 1956, ch. 140, § 4, eff from and after six months after passage (approved April 5, 1956).

§ 69-13-117. Nature and construction of article.

This article is cumulative and in addition to all other livestock laws and does not repeal any presently existing laws with reference to the powers and duties of the county ranger of the law on estrays. This article shall be liberally interpreted in order to accomplish its purpose and it shall not be interpreted to repeal any law unless specifically so provided herein.

HISTORY: Codes, 1942, § 4876-07; Laws, 1956, ch. 140, § 7, eff from and after six months after passage (approved April 5, 1956).

Article 5. Highway Fencing Law.

§ 69-13-201. Title of article.

This article shall be known as the “Highway Fencing Law.”

HISTORY: Codes, 1942, § 4876.7; Laws, 1956, ch. 185, §§ 1-7; Laws, 1958, ch. 221, §§ 1-6.

§ 69-13-203. Intent of article.

It is the intent of this article to vest the boards of supervisors of the several counties of the state with broad discretion and power of determining the location and types of fences and cattlegaps on the highways referred to in Section 69-13-205.

HISTORY: Codes, 1942, § 4876.7; Laws, 1956, ch. 185, §§ 1-7; Laws, 1958, ch. 221, §§ 1-6.

§ 69-13-205. Authority and duty of supervisors.

The respective boards of supervisors of the several counties of the state, in their discretion, are authorized and directed to erect, construct and maintain suitable fences and cattlegaps along the right of ways of United States Highways and state designated highways to prevent livestock from running at large as provided hereinafter. However, nothing in this article shall apply in any county coming under the state stock law.

The board of supervisors in any county having voted to come within the provisions of the statewide stock law, may maintain any fence or fences constructed under the authority of this article from any funds not public funds, donated by any person, firm or corporation for said purposes and further, may receive and accept funds from the Mississippi State Highway Commission for the relocation of said fence or fences required by said commission. In its discretion and in the alternative, said board may authorize any person, firm or corporation to maintain said fence or fences.

HISTORY: Codes, 1942, § 4876.7; Laws, 1956, ch. 185, §§ 1-7; Laws, 1958, ch. 221, §§ 1-6.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

RESEARCH REFERENCES

ALR.

Liability of governmental entity for damage to motor vehicle or injury to person riding therein resulting from collision between vehicle and domestic animal at large in street or highway. 52 A.L.R.4th 1200.

§ 69-13-207. Tax; authority of supervisors to levy.

The boards of supervisors in said counties are hereby authorized and empowered in their discretion to levy a tax on the taxable property in said counties lying outside municipalities not exceeding two mills per annum thereon for the purpose of paying the cost of construction and maintenance of such fences and cattlegaps. In order to raise additional revenue for the purpose of paying the cost of construction and maintaining such fences and cattlegaps, the board of supervisors in those counties which have heretofore elected not to come under the statewide livestock law may in their discretion levy a tax against the owners of cattle permitted to roam at large in the amount of twenty-five cents (25¢) per head for cattle located in the respective counties in which an election has carried.

HISTORY: Codes, 1942, § 4876.7; Laws, 1956, ch. 185, §§ 1-7; Laws, 1958, ch. 221, §§ 1-6.

Cross References —

Exemption of homestead from taxation, see §§27-33-1 et seq.

§ 69-13-209. Tax; election; use of proceeds; authority of supervisors where tax not authorized.

Before said board of supervisors is authorized to levy the aforesaid tax or erect such fences, it shall first be necessary that an election be held in each of such counties in accordance with the laws governing general election so far as possible to determine by majority vote of those voting in such election whether such tax shall be levied or such fences erected. And in said election only those electors outside the corporate limits of municipalities shall be eligible to vote. In the event the election is carried, such boards are authorized to construct such fences by use of convict labor, the funds derived from such tax, and with such aid as may be donated or contributed in material, labor or funds toward the erection of said fences and cattlegaps. In the event that the tax be not authorized at such election the board may nevertheless, in their discretion, erect such fences and cattlegaps by use of convict labor and such donations of labor, funds or materials as may be available, but shall not use public funds therefor.

In addition thereto, the counties bordering on the Gulf of Mexico now authorized by law to levy and collect a sea wall tax under Section 65-33-47, Mississippi Code of 1972, may use such proceeds of this tax as required to construct and maintain said fences and cattlegaps, but not to exceed one-half (1/2) mill of said sea wall tax.

HISTORY: Codes, 1942, § 4876.7; Laws, 1956, ch. 185, §§ 1-7; Laws, 1958, ch. 221, §§ 1-6.

§ 69-13-211. No reimbursement under Homestead Exemption Law.

No reimbursement shall be made under the Homestead Exemption Law of 1946 for any tax levy made under the provisions of this article.

HISTORY: Codes, 1942, § 4876.7; Laws, 1956, ch. 185, §§ 1-7; Laws, 1958, ch. 221, §§ 1-6.

Cross References —

Homestead Exemption Law, see §§27-33-1 et seq.

Article 7. Estrays.

§ 69-13-301. Estrays to be taken up, posted, and ranger notified.

When a person shall find any horse, mule, jack, cattle, sheep, goat or hog straying upon his land, he may take up such animal, and, if the owner be known, he shall forthwith send the estray to the owner or notify him of the taking up of same. If the owner shall be unknown the person taking up such animal straying, shall forthwith post up a notice thereof, with a full description of the animal, in two public places in the supervisor’s district, and at the courthouse door, for five days, at the expiration of which time, if an owner shall not have claimed the property and paid the charges allowed by law, he shall give information thereof to the ranger, or, if he reside more than ten miles distant, or if there should be no ranger, to a justice of the peace; and shall make oath before such justice or ranger that such animal was taken up straying at or on his farm or land, or the farm of which he has charge, and that the brands or marks of the animal have not been altered or defaced since the taking up.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 1 (1); 1857, ch. 32, art. 3; 1871, § 289; 1880, § 899; 1892, § 1715; 1906, § 1893; Hemingway’s 1917, § 1541; 1930, § 5449; 1942, § 4877.

Editor’s Notes —

Pursuant to Miss. Const. Art. 6, § 171, all reference in the Mississippi Code to justice of the peace shall mean justice court judge.

Cross References —

Fees for rangers, see §25-7-41.

Dogs running at large, see §41-53-11.

Livestock at large on federal or state highway, see §§69-13-101 et seq.

RESEARCH REFERENCES

Am. Jur.

2 Am. Jur. Legal Forms 2d, Animals, §§ 20:261 et seq. (estrays).

2 Am. Jur. Legal Forms 2d, Animals § 20:264 (notice – taking-up of estray animal).

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 71 et seq. (estrays).

CJS.

3B C.J.S., Animals §§ 247 et seq.

§ 69-13-303. Appraisement and description of estrays.

On receiving notice of the taking up of an estray, the ranger or justice of the peace shall issue his summons to two disinterested and competent persons of the neighborhood who, first having been sworn to value and appraise the same truly, shall value and appraise such animal and certify the valuation under their hands, together with a particular description of the kind, marks, brand, stature, color, and age, which certificate shall be returned or transmitted to the ranger within ten days to be registered.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 1 (1); 1857, ch. 32, art. 3; 1871, § 289; 1880, § 899; 1892, § 1716; 1906, § 1894; Hemingway’s 1917, § 1542; 1930, § 5450; 1942, § 4878.

Editor’s Notes —

Pursuant to Miss. Const. Art. 6, § 171, all reference in the Mississippi Code to justice of the peace shall mean justice court judge.

RESEARCH REFERENCES

Am. Jur.

2 Am. Jur. Legal Forms 2d, Animals § 20:20:290 (certificate – of appraisers as to value of estray).

CJS.

3B C.J.S., Animals §§ 247 et seq.

§ 69-13-305. Registering and advertising estrays.

The ranger shall keep a book in which he shall register all certificates of estrays delivered or returned to him, and shall file the same in regular order; and without delay, on receipt of such certificate, he shall advertise the same, stating therein the name of the person by whom the estray was taken up and the description and marks thereof, and the amount of the appraisement. If the appraisement exceed twenty dollars, he shall publish the advertisement three weeks in the nearest newspaper; and if the appraisement be less than twenty dollars, such advertisement shall be put up in three public places in the county, one of which shall be at the courthouse door. He shall also make out a correct list of all estrays in his county, and put up the same at the door of the courthouse on the first day of each regular January and July meeting of the board of supervisors, stating therein such as have been proved away or sold, or have escaped or died.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 1 (3); 1857, ch. 32, art. 2; 1871, § 288; 1880, § 905; 1892, § 1717; 1906, § 1895; Hemingway’s 1917, § 1543; 1930, § 5451; 1942, § 4879.

Cross References —

Registration of brands, see §69-21-101.

§ 69-13-307. Estray may be used by taker up.

Any person taking up estrays may retain possession thereof and use and employ the same in a proper and reasonable manner until claimed or sold according to law, without being liable to the owner thereof, and shall provide such estrays with sufficient wholesome sustenance; and if an animal so taken up die or accidentally get away, the taker up shall not be answerable for the same unless such death or escape be occasioned by ill treatment or neglect. Any person taking up and using an estray under the provisions of this section shall be liable for reasonable hire for the use thereof, to be fixed by the ranger, the same to be set off against the expense of keeping said estray.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 1 (9); 1857, ch. 32, art. 5; 1871, § 291; 1880, § 901; 1892, § 1719; 1906, § 1897; Hemingway’s 1917, § 1545; 1930, § 5453; 1942, § 4881.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 251 et seq.

§ 69-13-309. Estray suitable for food slaughtered.

When an animal fit for food shall be taken up as an estray, and shall become troublesome, the person taking up the animal may have three disinterested citizens summoned by the ranger or a justice of the peace to appraise such estray, and he may kill the same, and pay the amount of the appraisement to the ranger or other person entitled to receive the same.

HISTORY: Codes, 1880, § 901; 1892, § 1721; 1906, § 1899; Hemingway’s 1917, § 1547; 1930, § 5455; 1942, § 4883.

Editor’s Notes —

Pursuant to Miss. Const. Art. 6, § 171, all reference in the Mississippi Code to justice of the peace shall mean justice court judge.

§ 69-13-311. Death or escape of estrays reported.

When any estray shall die or escape, the taker up shall, without delay, make report thereof to the ranger, on oath, who shall make a memorandum of the same on the margin of his book opposite the registry of the certificate of such estray.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 1 (4); 1857, ch. 32, art. 5; 1871, § 291; 1880, § 901; 1892, § 1720; 1906, § 1898; Hemingway’s 1917, § 1546; 1930, § 5454; 1942, § 4882.

§ 69-13-313. Estrays to be sold if not claimed.

If the estray shall not be claimed and proved within the time allowed and before actual sale, the same shall be sold by the ranger at the courthouse door, for cash, after giving three weeks’ notice of the time and place of sale by an advertisement put up in one of the most public places in each supervisor’s district, one of which shall be at the courthouse door; and the sale may be made on the first Monday of any month, and between the hours of twelve and four o’clock of the day of the sale; and estray horses, mules, jacks, jennets, and colts over two years old, and work-oxen shall be delivered at the courthouse on the day of sale. All other estrays may be delivered on the premises of the taker up.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 1 (6, 11); 1857, ch. 32, art. 6; 1871, § 292; 1880, § 902; 1892, § 1723; 1906, § 1901; Hemingway’s 1917, § 1549; 1930, § 5457; 1942, § 4885.

RESEARCH REFERENCES

Am. Jur.

2 Am. Jur. Legal Forms 2d, Animals, § 20:271 (notice and sale of estray by public official).

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 83, 84 (order and notice of sale of estray).

CJS.

3B C.J.S., Animals § 256.

§ 69-13-315. How owner may prove and reclaim.

A person claiming to be the owner of any animal taken up as an estray and posted as herein provided, may make proof of his title by his oath, or otherwise, to the satisfaction of the ranger, who shall thereupon issue his order to the person having the estray in his custody, to deliver the same to such owner on payment of the lawful charges, to be ascertained and stated by the ranger.

HISTORY: Codes, 1857, ch. 32, art. 4; 1871, § 290; 1880, § 900; 1892, § 1718; 1906, § 1896; Hemingway’s 1917, § 1544; 1930, § 5452; 1942, § 4880.

RESEARCH REFERENCES

Am. Jur.

2 Am. Jur. Legal Forms 2d, Animals, § 20:268 (notice by owner of intention to prove ownership).

§ 69-13-317. Time allowed owner to claim and prove property.

The owner of all estrays appraised at more than fifty dollars shall be allowed three months; the owners of estrays appraised at twenty dollars and not exceeding fifty dollars, shall be allowed two months; and the owner of estrays valued at less than twenty dollars shall be allowed one month from the date of the certificate of appraisement to claim and prove property to the same.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 1 (6); 1857, ch. 32, art. 6; 1871, § 292; 1880, § 902; 1892, § 1722; 1906, § 1900; Hemingway’s 1917, § 1548; 1930, § 5456; 1942, § 4884.

§ 69-13-319. Owner of estray sold entitled to net proceeds.

The owner of any animal sold as an estray, may apply to the board of supervisors of the county within three years, and, upon proof of title, the said board shall order the net proceeds of the sale thereof to be refunded to him out of the county treasury.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 1 (7); 1857, ch. 32, art. 8; 1871, § 294; 1880, § 910; 1892, § 1729; 1906, § 1907; Hemingway’s 1917, § 1555; 1930, § 5463; 1942, § 4891.

§ 69-13-321. Ranger may seize estray not delivered according to law.

The ranger may seize and sell any estray which shall not be delivered according to law, and shall be allowed for such seizure the same fees as a sheriff is entitled to for executing a writ of execution.

HISTORY: Codes, 1880, § 904; 1892, § 1725; 1906, § 1903; Hemingway’s 1917, § 1551; 1930, § 5459; 1942, § 4887.

§ 69-13-323. Date and amount of sale noted on register and paid to county treasurer.

The ranger shall note the time and amount of sale in his register opposite the record of the certificate of such estray, and shall forthwith pay over to the depository of the county the net proceeds of such sale, after deducting all lawful charges; and it shall be his duty to make a full report in writing, under oath, to the board of supervisors, at each regular meeting in January and July, of the amount of money received by him on account of the sale of estrays, and a detailed statement of the disposition thereof.

HISTORY: Codes, 1857, ch. 32, art. 7; 1871, § 293; 1880, § 906; 1892, § 1726; 1906, § 1904; Hemingway’s 1917, § 1552; 1930, § 5460; 1942, § 4888.

§ 69-13-325. Ranger’s books open to inspection.

The books kept by the ranger for the registration of estrays shall be open to the inspection of every person free of charge; and, at the expiration of his office, shall be handed over to his successor; and, when filed, shall be deposited with the clerk of the chancery court of the county, who shall preserve them.

HISTORY: Codes, 1880, § 908; 1892, § 1728; 1906, § 1906; Hemingway’s 1917, § 1554; 1930, § 5462; 1942, § 4890.

§ 69-13-327. Ranger to administer oaths.

The ranger is authorized to administer all oaths and take affidavits necessary in the discharge of his duties.

HISTORY: Codes, 1892, § 1732; 1906, § 1909; Hemingway’s 1917, § 1557; 1930, § 5465; 1942, § 4893.

§ 69-13-329. Authority of person other than county ranger as to estrays; fees.

A justice of the peace, where there is a county ranger, shall not have authority to do any act concerning estrays, except to take the information from the taker up and to issue the summons for the appraisers; and he shall be entitled to the same fee for such service as the ranger, to be collected and paid over by the ranger; but if there be not a ranger, a justice of the peace may perform all the duties.

HISTORY: Codes, 1892, § 1730; 1906, § 1908; Hemingway’s 1917, § 1556; 1930, § 5464; 1942, § 4892.

Editor’s Notes —

Pursuant to Miss. Const. Art. 6, § 171, all reference in the Mississippi Code to justice of the peace shall mean justice court judge.

Cross References —

Fees for justice courts, see §25-7-25.

Fees for rangers, see §25-7-41.

§ 69-13-331. Stallion suffered to run at large may be gelded.

If any person shall suffer any stallion above the age of two years to run at large, out of an inclosure, it shall be lawful for any person to confine and geld such stallion, at the risk of the owner; but this section shall not apply to such stallions as are usually kept up, and happen to get out by accident.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 1 (14); 1857, ch. 32, art. 15; 1871, § 301; 1880, § 912; 1892, § 1734; 1906, § 1911; Hemingway’s 1917, § 1559; 1930, § 5467; 1942, § 4895.

§ 69-13-333. Not lawful for drover to drive animals from range; penalty.

It shall not be lawful for a drover or other person to drive any horse, mule, cattle, hog, or sheep of another from the lands to which the same may belong, whether the same be an estray or not; but it shall be his duty, if any other such stock shall join his, immediately to halt at the nearest convenient place and separate such stock as does not belong to him or to the person for whom he may be employed; and if any person shall violate the provisions of this section, he shall forfeit twenty dollars for every offense, with costs, recoverable before a justice of the peace, by and for the use of any person who will sue for the same, and shall also be liable in damages to the party injured; and when any person employed in driving stock shall violate the provisions of this section, he and his employer shall be liable to the like penalties; but the recovery of such penalty shall not be a bar to indictment for larceny.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 1 (12); 1857, ch. 32, art. 14; 1871, § 300; 1880, § 911; 1892, § 1733; 1906, § 1910; Hemingway’s 1917, § 1558; 1930, § 5466; 1942, § 4894.

Editor’s Notes —

Pursuant to Miss. Const. Art. 6, § 171, all reference in the Mississippi Code to justice of the peace shall mean justice court judge.

§ 69-13-335. Penalty on ranger for failure of duty.

For any failure of the ranger to make out and put up a correct list of all the estrays in his county, or to make his report to the board of supervisors as required, the board of supervisors may fine the ranger not less than five nor more than fifty dollars, which may be collected by scire facias and execution.

HISTORY: Codes, 1857, ch. 32, art. 9; 1871, § 295; 1880, § 907; 1892, § 1727; 1906, § 1905; Hemingway’s 1917, § 1553; 1930, § 5461; 1942, § 4889.

§ 69-13-337. Penalty for violating the law as to estrays.

If any person shall take up any horse, mare, mule, jack, cattle, sheep, goat or hog as an estray, contrary to the provisions of this article; or if any person, having taken up such animal, shall fail to send it to or notify the owner, if known, or to give information to the ranger as required, or shall fail to perform any duty required of him, or shall abuse such animal, or shall use the same in an unreasonable or improper manner, so that damage shall be done to the owner, or the value of the animal be impaired; or if any person shall take or send away an estray out of this state, or shall trade, sell, or barter the same; or if any taker up shall fail to deliver said estray to the ranger at the courthouse on the day of the sale of said estray, such person shall, for every such offense, be punished as for a misdemeanor, and, in addition thereto, shall be liable to the owner for the value of the animal; and the taker up shall forfeit all compensation for taking up and keeping such estray.

HISTORY: Codes, Hutchinson’s 1848, ch. 12, art. 1 (10); 1857, ch. 32, art. 10; 1871, § 296; 1880, § 903; 1892, § 1724; 1906, § 1902; Hemingway’s 1917, § 1550; 1930, § 5458; 1942, § 4886.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals § 291.

§ 69-13-339. Impounding of livestock illegally roaming on state military reservation; lien; sale of unclaimed animals.

  1. The Mississippi Military Department, acting through the training site supervisor at Camp Shelby, is hereby authorized and empowered to take up and impound in a proper enclosure all livestock found roaming at large upon any state-owned or leased lands comprising the state military reservation in Forrest and contiguous counties, in violation of the statewide stock law statutes.
  2. The training site supervisor shall provide a safe and secure enclosure in which such livestock shall be impounded, and will insure that such animals are cared for in a humane manner until removed for such enclosure as hereinafter provided. It shall be unlawful for any owner of livestock or any other person to remove such livestock without the authority of the training site supervisor, and such offense shall be deemed a misdemeanor.
  3. There is hereby created a statutory lien in the amount of the cost of impounding each animal, not to exceed Twenty-five Dollars ($25.00), against each head of cattle, horse or mule, and all other livestock so found upon and impounded upon the state military reservation; and in addition a lien of One Dollar and Fifty Cents ($1.50) per day shall accrue for the feeding and care of each animal so impounded. No animal shall be removed by its owner until the full lien is paid in cash to the training site supervisor, who shall give a receipt for such money paid and account for the same in the manner to be established by the military department. All funds collected under this section shall be forwarded to the adjutant general on or before the fifth day of each month, and such funds shall be expended under his supervision in carrying out the provisions of this section and in making improvements to the military reservation.
  4. The training site supervisor shall publish a monthly notice in one (1) newspaper having general circulation in Forrest County, the general description of the livestock impounded and held on the end of the preceding month, and said notice shall offer the lawful owners the opportunity to claim their livestock by a day and hour certain, but not less than ten (10) days, after paying the full statutory lien imposed. All animals not claimed by the designated date and hour may be sold as a herd to the highest bidder for cash within ten (10) days and a proper receipt shall be given the purchaser and the funds accounted for as provided for in the preceding subsection.
  5. This section is declared to be remedial legislation and is enacted for the purposes of protecting the personal and real property of the state military reservation known as Camp Shelby from livestock illegally thereon, and enhancing the safety of members of the National Guard and other reserve military forces of Mississippi and other states which train and conduct military exercises and maneuvers on said lands; and neither the training site supervisor, nor any other public employee, shall be liable in any civil or criminal court in carrying out the provisions of this section. The purchasers of livestock under the provisions of this section shall receive a valid title, and such purchaser shall not be liable in a civil or criminal court to any person for any purchase made under this section.

HISTORY: Codes, 1942, § 4895.5; Laws, 1968, ch. 485; Laws, 1981, ch. 319, § 1, eff from and after July 1, 1981.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Chapter 15. Board of Animal Health; Livestock and Animal Diseases

Article 1. Mississippi Board of Animal Health.

§ 69-15-1. Repealed.

Repealed by Laws of 1998, ch. 570, § 8, eff from and after July 1, 1998.

[Codes, Hemingway’s 1917, §§ 5490, 5491; 1930, §§ 5412, 5413; 1942, § 4835; Laws, 1908, ch. 106; Laws, 1919, ch. 227; Laws, 1926, ch. 264; Laws, 1944, ch. 246, §§ 1-3; Laws, 1948, ch. 198, §§ 1, 2 (subd. 1, 2); Laws, 1950, ch. 191 (subd. 2); Laws, 1956, ch. 137 (subd. 2); Laws, 1958, ch. 158; Laws, 1962, ch. 163; Laws, 1966, ch. 230; Laws, 1966, ch. 445, § 9; Laws, 1968, ch. 242, § 1; Laws, 1990, ch. 519, § 1]

Editor’s Notes —

Former §69-15-1 provided for membership of the Board of Animal Health, terms of office, and filling of vacancies. See, now, §69-15-2.

§ 69-15-2. Membership of board; appointments; terms; vacancies; advisory council.

  1. The Mississippi Board of Animal Health is to be composed of the Commissioner of Agriculture and Commerce, the Dean of the College of Veterinary Medicine and the heads of the Animal and Dairy Science and Poultry Science Departments at Mississippi State University of Agriculture and Applied Science and one (1) person appointed by the President of Alcorn State University from its land grant staff as five (5) ex officio members with full voting rights, and ten (10) other members of the board to be appointed by the Governor as hereinafter provided. The board shall select annually a chairman and vice chairman from any members of the board.
  2. The Governor, with the advice and consent of the Senate, shall appoint eleven (11) other members from the following groups or associations from a written list of recommendations from such groups or associations:

    One (1) licensed and practicing veterinarian who holds a Doctor of Veterinary Medicine Degree, from a written list of three (3) recommendations submitted by the Mississippi State Veterinary Medical Association;

    One (1) general farmer from a written list of three (3) recommendations submitted by the Mississippi Farm Bureau Federation;

    One (1) poultry breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Poultry Association;

    One (1) small ruminant breeder and producer from a written list of three (3) recommendations, one (1) recommendation submitted by each of the following: the Mississippi Sheep Producers’ Association, the Mississippi Club Goat Association, and the Mississippi Goat Association. If an association fails to timely submit its recommendation, the Governor may appoint the member from the list of recommendations submitted by the other associations;

    One (1) beef cattle breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Cattlemen’s Association;

    One (1) swine breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Pork Producers’ Association;

    One (1) dairy breeder and producer from a written list of three (3) recommendations submitted by the American Dairy Association of Mississippi;

    One (1) horse breeder and producer from a written list of four (4) recommendations, one (1) recommendation submitted by each of the following: the Mississippi Quarter Horse Association, Tennessee Walking Horse Association, Mississippi Cutting Horse Association and Mississippi State Equine Association. If an association fails to timely submit its recommendation, the Governor may appoint the member from the list of recommendations submitted by the other associations;

    One (1) catfish breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Catfish Association;

    One (1) member of the Mississippi Livestock Auction Association from a written list of three (3) recommendations submitted by the Mississippi Livestock Auction Association.

    All members shall take and subscribe to the general oath of office as provided in Section 268, Mississippi Constitution of 1890, and file the same with the Commissioner of Agriculture and Commerce.

  3. Effective August 1, 1968, the dairy producer member shall be appointed for a one-year term; the Livestock Auction Association member shall be appointed for a two-year term; and the meat packer member shall be appointed for a three-year term; the catfish producer member shall be appointed for a four-year term; and the horse producer member shall be appointed for a five-year term.

    Effective August 1, 1969, the poultry producer member shall be appointed for a two-year term; on August 1, 1970, the sheep producer member shall be appointed for a three-year term; on August 1, 1971, the swine producing member shall be appointed for a four-year term; on August 1, 1972, the general farmer member shall be appointed for a five-year term; on August 1, 1973, the veterinarian member shall be appointed for a six-year term; and on August 1, 1974, the beef cattle producer member shall be appointed for a seven-year term.

    All subsequent appointments shall be for four-year terms, except for appointments to fill vacancies which shall be for the unexpired term only.

    1. “Commissioner” means the Commissioner of Agriculture and Commerce.
    2. “Department” means the Department of Agriculture and Commerce.
  4. On or before July 1, 1998, the board shall appoint, from a written list of not less than three (3) licensed veterinarians submitted by the commissioner, the State Veterinarian.
  5. There is created an advisory council to advise the Board of Animal Health on matters concerning the board. The council shall be composed of the Chairman of the Senate Agriculture Committee, the Chairman of the House Agriculture Committee, and one (1) appointee of the Lieutenant Governor and one (1) appointee of the Speaker of the House of Representatives. The members of the advisory council shall serve in an advisory capacity only. For attending meetings of the council, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts provided for committee meetings when the Legislature is not in session; however, no per diem or expenses for attending meetings of the council shall be paid while the Legislature is in session. No per diem and expenses shall be paid except for attending meetings of the council without prior approval of the proper committee in their respective houses.

HISTORY: Laws, 1998, ch. 570, § 1; reenacted without change, Laws, 1999, ch. 509 § 1; reenacted without change, Laws, 2003, ch. 352, § 1; Laws, 2008, ch. 529, § 1; Laws, 2017, ch. 305, § 1, eff from and after passage (approved Mar. 6, 2017).

Editor’s Notes —

Laws of 1999, ch. 509, § 8, provides:

“SECTION 8. Sections 69-15-2, 69-15-3, 69-15-7, 69-15-9, 69-15-11, 69-15-13 and 69-15-15, Mississippi Code of 1972, are repealed on July 1, 2003.”

This section was reenacted without change by Laws, 2003, ch. 352, § 1, effective from and after July 1, 2003.

Amendment Notes —

The 2003 amendment reenacted the section without change.

The 2008 amendment, in (2), deleted “three (3)” preceding “recommendations from” in the introductory paragraph, and rewrote the eighth paragraph regarding the horse breeder and producer nominees.

The 2017 amendment, effective March 6, 2017, substituted “ten (10) other members” for “eleven (11) other members” in the first sentence of (1); and in (2), deleted “Improvement” following “Poultry” in the fourth paragraph, rewrote the fifth paragraph, which read: “One (1) sheep breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Sheep Producers’ Association,” and deleted the former eleventh paragraph, which read: “One (1) member of the Mississippi Independent Meat Packers’ Association from a written list of three (3) recommendations submitted by the Mississippi Independent Meat Packers’ Association.”

Cross References —

Powers of Governor, generally, see §7-1-5.

Powers of State Board of Animal Health, see §69-15-301.

Penalties for violating any provision of this article, see §69-15-331.

OPINIONS OF THE ATTORNEY GENERAL

There is no authority in the enabling legislation, Section 69-15-1 et seq., for the Board of Animal Health to send personnel to the County Fair to perform drug testing of horses for purposes of ensuring compliance with horse racing rules. Spell, February 16, 1996, A.G. Op. #96-0065.

The Mississippi Board of Animal Health can accept donations pursuant to Section 7-1-7. Watson, Feb. 24, 2006, A.G. Op. 06-0050.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 130 et seq.

§ 69-15-3. Office space; adoption of rules and regulations.

The Department of Finance and Administration shall provide office space at the seat of the government, as it deems necessary and requisite for the Board of Animal Health. The board shall adopt rules and regulations as it deems proper to carry out its statutory powers and duties. The rules and regulations shall also prescribe the dates and hours of meetings to be held once a quarter and provide that special meetings shall be called by the chairman at the request of the Commissioner of Agriculture and Commerce, on three (3) days’ written notice or by a majority vote of the entire board on three (3) days’ written notice.

HISTORY: Codes, Hemingway’s 1917, §§ 5490, 5491; 1930, §§ 5412, 5413; 1942, § 4835; Laws, 1908, ch. 106; Laws, 1919, ch. 227; Laws, 1926, ch. 264; Laws, 1944, ch. 246, §§ 1-3; Laws, 1948, ch. 198, §§ 1, 2 (subd. 1, 2); Laws, 1950, ch. 191 (subd. 2); Laws, 1956, ch. 137 (subd. 2); Laws, 1958, ch. 158; Laws, 1962, ch. 163; Laws, 1966, ch. 230; Laws, 1966, ch. 445, § 9; Laws, 1968, ch. 242, § 1; Laws, 1998, ch. 570, § 2; Laws, 2017, ch. 305, § 2, eff from and after passage (approved Mar. 6, 2017).

Editor’s Notes —

Laws of 1999, ch. 509, § 8, provides:

“SECTION 8. Sections 69-15-2, 69-15-3, 69-15-7, 69-15-9, 69-15-11, 69-15-13 and 69-15-15, Mississippi Code of 1972, are repealed on July 1, 2003.”

Amendment Notes —

The 2003 amendment reenacted and amended the section by substituting “Department of Finance and Administration” for “State Capitol Commission” in the first sentence.

The 2017 amendment, effective March 6, 2017, substituted “to be held once a quarter” for “to be held every other month” in the last sentence.

Cross References —

Quarantine in event of anthrax, see §69-15-15.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 130 et seq.

§ 69-15-5. Compensation of members of board.

The members of the Board of Animal Health who are not full-time public officers or public employees shall be entitled to a per diem as is provided by Section 25-3-69, Mississippi Code of 1972, not to exceed twenty (20) days in any fiscal year. All members shall be entitled to mileage and actual and necessary expenses in attending such regular or special meetings, as provided by Section 25-3-41.

HISTORY: Codes, Hemingway’s 1917, §§ 5490, 5491; 1930, §§ 5412, 5413; 1942, § 4835; Laws, 1908, ch. 106; Laws, 1919, ch. 227; Laws, 1926, ch. 264; Laws, 1944, ch. 246, §§ 1-3; Laws, 1948, ch. 198, §§ 1, 2 (subd. 1, 2); Laws, 1950, ch. 191 (subd. 2); Laws, 1956, ch. 137 (subd. 2); Laws, 1958, ch. 158; Laws, 1962, ch. 163; Laws, 1966, ch. 230; Laws, 1966, ch. 445, § 9; Laws, 1968, ch. 242, § 1; Laws, 1981, ch. 401, § 1; reenacted without change, Laws, 2003, ch. 352, § 3, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment reenacted this section without change.

OPINIONS OF THE ATTORNEY GENERAL

While Miss. Code Ann. Section 69-15-5 (1972) provides specific authority to reimburse members of the Mississippi Board of Animal Health for travel and mileage expenses, and that employees of the agency are entitled to travel expenses under Section 23-5-41 [Repealed], MBAH has no authority to pay travel expenses to volunteers, or to pay a volunteer for the expenses of running the volunteer’s business or professional practice while attending Mississippi Animal Response Team training. Watson, Feb. 3, 2006, A.G. Op. 06-0005.

The Mississippi Board of Animal Health has no authority to pay travel expenses to volunteers, and there is no statutory authority for the agency to pay a volunteer for the expenses of running the volunteer’s business or professional practice while attending Mississippi Animal Response Team training. Watson, Feb. 24, 2006, A.G. Op. 06-0050.

§ 69-15-7. Employees; authority to employ professional, technical and clerical personnel; appointment of state veterinarian; bond; use of attorney.

The State Veterinarian is authorized and empowered to employ the necessary professional, technical and clerical personnel as he deems necessary to carry out the powers and duties of the board, and to fix their compensation. The board shall appoint from a written list of not less than three (3) licensed veterinarians submitted by the Commissioner of Agriculture and Commerce, a duly licensed and practicing veterinarian as the State Veterinarian, who shall hold a Degree of Veterinary Medicine from a recognized college or university and shall have been engaged in the practice of veterinary science for not less than ten (10) years prior to his appointment. The State Veterinarian shall serve at the will and pleasure of the board and shall enter into a surety bond for the faithful performance of his duties, and the premium therefor shall be paid by the board. The board shall also be authorized to employ an attorney as authorized in Section 69-1-14, Mississippi Code of 1972.

HISTORY: Codes, Hemingway’s 1917, §§ 5490, 5491; 1930, §§ 5412, 5413; 1942, § 4835; Laws, 1908, ch. 106; Laws, 1919, ch. 227; Laws, 1926, ch. 264; Laws, 1944, ch. 246, §§ 1-3; Laws, 1948, ch. 198, §§ 1, 2 (subd. 1, 2); Laws, 1950, ch. 191 (subd. 2); Laws, 1956, ch. 137 (subd. 2); Laws, 1958, ch. 158; Laws, 1962, ch. 163; Laws, 1966, ch. 230; Laws, 1966, ch. 445, § 9; Laws, 1968, ch. 242, § 1; Laws, 1983, ch. 365, § 5; Laws, 1990, ch. 519, § 2; Laws, 1998, ch. 570, § 3, eff from and after July 1, 1998; reenacted without change, Laws, 1999, ch. 509, § 3; reenacted without change, Laws, 2003, ch. 352, § 4, eff from and after July 1, 2003.

Editor’s Notes —

Laws of 1999, ch. 509, § 8, provides:

“SECTION 8. Sections 69-15-2, 69-15-3, 69-15-7, 69-15-9, 69-15-11, 69-15-13 and 69-15-15, Mississippi Code of 1972, are repealed on July 1, 2003.”

This section was reenacted without change by Laws, 2003, ch. 352, § 4, effective from and after July 1, 2003.

Amendment Notes —

The 2003 amendment reenacted the section without change.

§ 69-15-9. Powers of Board, State Veterinarian, officers and agents; entry upon premises to inspect and disinfect; liability; control, prevention, eradication, inspection and monitoring of chronic wasting disease and other contagious diseases of exotic cervids or livestock.

    1. The Board of Animal Health shall have plenary power to deal with all contagious and infectious diseases of animals as in the opinion of the board may be prevented, controlled or eradicated, and with full power to make, promulgate and enforce such rules and regulations as in the judgment of the board may be necessary to control, eradicate and prevent the introduction and spread of anthrax, tuberculosis, hog cholera, Texas and splenic fever and the fever-carrying tick (margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, hog cholera, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, chronic wasting disease and any suspected new and/or foreign diseases of livestock and poultry and all other diseases of animals in this state, and the board is hereby vested with full authority to establish and maintain quarantine lines and to quarantine by county, supervisors district, parcel of land or herd. The State Veterinarian shall appoint as many inspectors and range riders as may be deemed necessary, and the funds at his disposal will permit, and shall delegate authority to said inspectors and range riders, to enter premises to inspect and disinfect livestock and premises, and enforce quarantine including counties, farms, pens, stables and other premises.
    2. No veterinarian may provide veterinary services for the control, eradication or prevention of diseases in animals at a stockyard, livestock auction, equine sale or other place or event of livestock trading unless he has first been approved by the board for this purpose. The board shall have the authority to adopt rules and regulations as may be necessary or desirable to carry out the purposes of this paragraph.
  1. No officer or agent of the State Veterinarian may enter the actual enclosures of any person except with the consent of the person lawfully in possession thereof or in the absence of such consent, with a proper writ obtained as in other cases of searches and seizures under constitutional law. When such officers and agents are lawfully on the premises, either by permission or writ, they shall be authorized to inspect the premises and the livestock and animals found thereon by entering the enclosures and buildings and they are authorized to check livestock and poultry found therein for any contagious diseases and take proper action to control or eradicate any such diseases that may be found. While such officers and agents are performing their duties hereunder, they shall not be personally liable except for gross negligence. The refusal without lawful reason of any person to give the consent aforesaid shall be deemed a misdemeanor and shall be punishable as for violations of Article 5 of this chapter as provided for in Section 69-15-115.

    The Board of Animal Health shall administer the special fund created in Section 69-15-19.

    1. The Board of Animal Health shall have plenary power to control, prevent, eradicate, inspect and monitor chronic wasting disease or other contagious disease of exotic cervids or other exotic livestock. It shall be the duty of the board to develop an inspection, testing and monitoring program for such diseases.
    2. An officer or agent of the State Veterinarian is authorized to enter any facility containing cervids or other exotic livestock to inspect the premises and the cervids or exotic livestock. Such officer or agent may inspect, monitor or test any cervid or exotic livestock for disease and may take proper action to control or eradicate any diseases found. While such officers or agents are performing their duties, they shall not be personally liable, except for gross negligence.
    3. As a condition of maintaining a permit for a cervid or other exotic livestock facility, it shall be the duty of the permittee to allow the agents of the State Veterinarian to enter the facility and to conduct inspections and tests.
  2. As a condition of maintaining a permit for a cervid or other exotic livestock facility, the permittee shall immediately notify the State Veterinarian upon discovery of the escape of a cervid or exotic livestock. Any such animal shall be treated as an escaped wild animal and may be disposed of accordingly.

HISTORY: Codes, Hemingway’s 1917, § 5492; 1930, § 5414; 1942, § 4837; Laws, 1908, ch. 106; Laws, 1926, ch. 264; Laws, 1928, ch. 61; Laws, 1962, ch. 166, § 1; Laws, 1998, ch. 570, § 4; reenacted without change, Laws, 1999, ch. 509, § 4; Laws, 2000, ch. 536, § 7; Laws, 2003, ch. 352, § 5; Laws, 2003, ch. 516, § 3; Laws, 2011, ch. 384, § 1, eff from and after passage (approved Mar. 14, 2011.).

Editor’s Notes —

Laws of 2003, ch. 516, § 11, provides:

“SECTION 11. Pursuant to Section 1-3-79, Mississippi Code of 1972, the amendments to Section 69-15-9, Mississippi Code of 1972, contained in Laws, 2003, Chapter 516, shall supersede the reenacted section contained in Laws 2003, Chapter 352.”

Amendment Notes —

The first 2003 amendment (ch. 352) reenacted the section without change.

The second 2003 amendment (ch. 516) designated the formerly undesignated first and second paragraphs as (1) and (2); inserted “chronic wasting disease” following “mycoplasma group” in the first sentence of (1); and added (3)(a) through (c) and (4).

The 2011 amendment added (1)(b); and deleted “(1)” and “(2)” in the first sentence in (2).

Cross References —

Composition of board, see §69-15-2.

Animal Care Fund, see §69-15-19.

Administrative procedures to enforce rules and regulations of Board of Animal Health, see §§69-15-51 et seq.

Regulation of drugs for animals, see §69-17-1.

JUDICIAL DECISIONS

1. Validity.

2. Construction and application.

1. Validity.

This statute is constitutional. Moss v. Mississippi Live Stock Sanitary Board, 154 Miss. 765, 122 So. 776, 1929 Miss. LEXIS 176 (Miss. 1929).

Livestock owners violating law requiring dipping of animals to eradicate fever tick were not entitled to protection of equity because of threatened invasion of constitutional right. Moss v. Mississippi Live Stock Sanitary Board, 154 Miss. 765, 122 So. 776, 1929 Miss. LEXIS 176 (Miss. 1929).

Chapter 106 Laws 1908, a former statute, was not invalid as a delegation of legislative functions. Abbott v. State, 106 Miss. 340, 63 So. 667, 1913 Miss. LEXIS 139 (Miss. 1913).

2. Construction and application.

Court of equity is without power to order slaughter of oxen infected with tuberculosis where statute relating to appraisal was not complied with. Mississippi Live Stock Sanitary Board v. Broadus, 181 Miss. 122, 178 So. 787, 1938 Miss. LEXIS 54 (Miss. 1938).

In prosecution for moving cattle from Louisiana to Mississippi, evidence that copies of necessary Federal certificates authorizing such movement were customarily mailed to Mississippi Livestock Board, and that secretary thereof had been unable to find copy of any certificate issued to defendant, was insufficient for jury in absence of proof of any law or regulation requiring Federal authorities to file copies of Federal certificates with Mississippi Livestock Board. Calhoun v. State, 172 Miss. 559, 161 So. 297, 1935 Miss. LEXIS 182 (Miss. 1935).

Tick eradication statutes did not authorize entry on owner’s premises and seizure of livestock on refusal to dip. Gilbert v. Crosby, 160 Miss. 711, 135 So. 201, 1931 Miss. LEXIS 217 (Miss. 1931).

Writ authorizing seizure of livestock on owner’s refusal to dip under tick eradication statutes was void, rendering sheriff liable for civil trespass. Gilbert v. Crosby, 160 Miss. 711, 135 So. 201, 1931 Miss. LEXIS 217 (Miss. 1931).

The state livestock sanitary board could sue only by officers designated by the statute. Mississippi Live Stock Sanitary Bd. v. Williams, 133 Miss. 98, 97 So. 523, 1923 Miss. LEXIS 118 (Miss. 1923), overruled, Pruett v. City of Rosedale, 421 So. 2d 1046, 1982 Miss. LEXIS 2273 (Miss. 1982).

Section 3, ch. 106 Laws 1908, a former statute, did not make it a misdemeanor to refuse to dip cattle infected with tick fever as provided by rules of the live stock board. Abbott v. State, 106 Miss. 340, 63 So. 667, 1913 Miss. LEXIS 139 (Miss. 1913).

RESEARCH REFERENCES

ALR.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

CJS.

3B C.J.S., Animals §§ 130 et seq.

§ 69-15-11. Veterinary Diagnostic Laboratory; services of laboratory; fees for services; qualifications of director and staff; advisory council; meetings; funds and property transfer to College of Veterinary Medicine.

  1. The College of Veterinary Medicine at Mississippi State University of Agriculture and Applied Science shall maintain a complete and adequate veterinary diagnostic laboratory in the Jackson vicinity and any person licensed to practice veterinary medicine, veterinary surgery, veterinary dentistry, or any vocational-agriculture teacher, bona fide farmer or county agent in the State of Mississippi or agent of the State Veterinarian shall have made available to him services of the laboratory. The laboratory shall examine and conduct laboratory tests on specimens submitted by any licensed veterinarian, or vocational-agriculture teacher, bona fide farmer or county agent of this state or agent of the State Veterinarian and issue appropriate reports. The College of Veterinary Medicine shall be required to set reasonable fees for such examinations, tests, reports or other diagnostic service.
  2. The College of Veterinary Medicine shall select a director of the laboratory who holds a degree of veterinary medicine from a recognized college or university; is board certified in one (1) of the following basic diagnostic disciplines; toxicology, pathology, microbiology, virology or clinical pathology and has engaged in the practice of veterinary clinical diagnosis for at least ten (10) years, five (5) years of which were in a supervisory capacity. The director shall select and recommend for employment such veterinarians, bacteriologists, pathologists, technicians, clerical assistants, and other personnel necessary to carry out the objective of this section. The salaries, compensation and expenses of such employees shall be sufficient to insure the employment of competent persons and shall be paid from funds at the disposal of the Veterinary Diagnostic Laboratory. The director shall be responsible to the College of Veterinary Medicine for the daily operations of the laboratory.
  3. There is created an advisory council to advise the College of Veterinary Medicine on matters concerning the Veterinary Diagnostic Laboratory. The council shall be composed of the Chairman of the Senate Agriculture Committee, or his designee; the Chairman of the House Agriculture Committee, or his designee; the Chairman of the Board of Animal Health; the Commissioner of Agriculture and Commerce; a person appointed by the President of Alcorn State University from its land grant staff who is not a member of the Board of Animal Health; a licensed and practicing veterinarian appointed by the President of the Mississippi State Veterinary Medical Association who is not a member of the Board of Animal Health; the State Veterinarian; the State Chemist; and the Dean of the College of Veterinary Medicine. This advisory council shall meet at least twice a year, upon written notification at least fourteen (14) days in advance, to be called by the Dean of the College of Veterinary Medicine. A meeting may also be called by the Commissioner of Agriculture or by a majority of the advisory council with fourteen (14) days’ written notice.

    The members of the advisory council shall serve in an advisory capacity only. For attending meetings of the council, legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts provided for committee meetings when the Legislature is not in session; however, no per diem or expenses for attending meetings of the council shall be paid while the Legislature is in session. No per diem and expenses shall be paid except for attending meetings of the council without prior approval of the proper committee in their respective houses.

  4. All funds, property and other assets and all current positions of the diagnostic laboratory shall be transferred to the College of Veterinary Medicine on July 1, 2002. The budget of the Veterinary Diagnostic Laboratory shall be funded as a separate line item within the general appropriation bill for the College of Veterinary Medicine.
  5. Information and records pertaining to all animal diseases within the state will be kept confidential except for those reports concerning diseases that are specifically regulated for mandatory control and eradication, or when release of such information is deemed necessary by the State Veterinarian to protect the public health, other livestock or wildlife.

HISTORY: Codes, 1942, § 4836; Laws, 1944, ch. 246, § 4; Laws, 1950, ch. 194; Laws, 1964, ch. 212; Laws, 1986, ch. 500, § 53; Laws, 1990, ch. 519, § 3; Laws, 1998, ch. 570, § 5; Laws, 2002, ch. 523, § 1; reenacted without change, Laws, 2003, ch. 352, § 6, eff from and after July 1, 2003.

Editor’s Notes —

House Bill No. 1584 of the 1998 Regular Session became Laws, 1998, ch. 570, and repealed Section 69-15-1, enacted Sections 69-15-2 and 69-15-17 [Repealed], and amended Sections 69-15-3 and 69-15-7 through 69-15-15.

Laws of 1999, ch. 509, § 8, provides:

“SECTION 8. Sections 69-15-2, 69-15-3, 69-15-7, 69-15-9, 69-15-11, 69-15-13 and 69-15-15, Mississippi Code of 1972, are repealed on July 1, 2003.”

Amendment Notes —

The 2003 amendment reenacted the section without change.

§ 69-15-13. Appointment of federal personnel as inspectors; acceptance of federal assistance.

The State Veterinarian is vested with authority to appoint and commission, without salary from the state, as its inspectors, representatives of the United States Department of Agriculture, and to accept from the United States government such assistance, financial and otherwise, for carrying out the purpose of this statute, as may be available from time to time.

HISTORY: Codes, 1930, § 5415; 1942, § 4838; Laws, 1926, ch. 264; Laws, 1998, ch. 570, § 6, eff from and after July 1, 1998; reenacted without change, Laws, 1999, ch. 509, § 6; reenacted without change, Laws, 2003, ch. 352, § 7, eff from and after July 1, 2003.

Editor’s Notes —

Laws of 1999, ch. 509, § 8, provides:

“SECTION 8. Sections 69-15-2, 69-15-3, 69-15-7, 69-15-9, 69-15-11, 69-15-13 and 69-15-15, Mississippi Code of 1972, are repealed on July 1, 2003.”

This section was reenacted without change by Laws, 2003, ch. 352, § 7, effective from and after July 1, 2003.

Amendment Notes —

The 2003 amendment reenacted the section without change.

§ 69-15-15. Quarantine for anthrax.

  1. The Board of Animal Health shall have the power and duty to quarantine all herds of cattle where a diagnosis of anthrax is made.
  2. Such quarantine shall remain in effect until the State Veterinarian receives a certificate which is signed by a Mississippi licensed and accredited veterinarian, and which states that such herd has been properly treated and vaccinated and that the medical waste and any dead animals from such herd have been properly disposed. The proper disposal of such dead animals shall be by burning the animal at the spot of death or by burying the animal six (6) feet deep and covering the animal with quick lime.
  3. The Board of Animal Health shall have the power and duty to quarantine all herds of cattle on lands immediately adjacent to any infected herd. Such quarantine shall remain in effect until the State Veterinarian receives a certificate as specified in subsection (2) of this section.
  4. Any person, firm or corporation failing to comply with any of the provisions of this section, or interfering with the State Veterinarian or any duly appointed officer of the State Veterinarian in the discharge of his duty or for having discharged his duties, shall be deemed in violation of the provisions of this section and shall be subject to the penalties provided in Section 69-15-65, Mississippi Code of 1972.

HISTORY: Laws, 1992, ch. 345 § 1; Laws, 1998, ch. 570, § 7, eff from and after July 1, 1998; reenacted without change, Laws, 1999, ch. 509, § 7; reenacted without change, Laws, 2003, ch. 352, § 8, eff from and after July 1, 2003.

Editor’s Notes —

Laws of 1999, ch. 509, § 8, provides:

“SECTION 8. Sections 69-15-2, 69-15-3, 69-15-7, 69-15-9, 69-15-11, 69-15-13 and 69-15-15, Mississippi Code of 1972, are repealed on July 1, 2003.”

This section was reenacted without change by Laws, 2003, ch. 352, § 8, effective from and after July 1, 2003.

Amendment Notes —

The 2003 amendment reenacted the section without change.

Cross References —

Power of Board of Animal Health to enact regulations for control of anthrax, see §69-15-9.

RESEARCH REFERENCES

ALR.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

Construction of provisions of statute or ordinance governing occasion, time, or manner of summary destruction of domestic animals by public authorities. 42 A.L.R.4th 839.

Am. Jur.

4 Am. Jur. 2d, Animals §§ 103-120.

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 21, 24-26.

CJS.

3B C.J.S., Animals §§ 134 et seq.

§ 69-15-17. Repealed.

Repealed by Laws of 2006, ch. 373, § 1 effective from and after passage March 13, 2006.

[Laws, 1998, ch. 570, § 9(1); Laws, 2003, ch. 352, § 9, eff from and after July 1, 2003.]

Editor’s Notes —

Former §69-15-17 repealed §§69-15-1 through69-15-15.

§ 69-15-19. Animal Care Fund.

  1. As used in this section, the term “qualified nonprofit organization” means an IRS tax-exempt 501(c)(3) or similar nonprofit organization that has been approved by the Mississippi Board of Animal Health.
  2. There is created in the State Treasury a special fund to be known and designated as the “Animal Care Fund.” There shall be deposited in the fund:
    1. The additional fees collected from the issuance of distinctive license tags under Section 27-19-56.18;
    2. Any gifts, grants, donations or matching money from federal, state or local governmental bodies and private persons, associations, groups or corporations making contributions to the fund; and
    3. Any other monies as the Legislature may appropriate or authorize to be deposited therein.
  3. The special fund created under subsection (1) of this section shall be administered by the Mississippi Board of Animal Health. Monies in the special fund shall be allocated and distributed by the Mississippi Board of Animal Health to and among the boards of supervisors of each of the counties, the governing authorities of municipalities in the state and qualified nonprofit organizations. Monies allocated, distributed and received by the boards of supervisors, governing authorities and qualified nonprofit organizations may:
    1. Be expended for the operation and support of county or municipal agencies, boards or departments that provide food, shelter and care, and/or spaying and neutering of lost, abandoned or unwanted pets;
    2. Be expended for the creation, development or expansion of such agencies, boards or departments; or
    3. Be donated by the boards of supervisors and governing authorities to nonprofit groups, organizations and associations that operate similar programs. However, priority for expenditure of such monies shall be given to spaying and neutering programs. None of such monies may be expended for euthanasia. The Mississippi Board of Animal Health is authorized to use a portion of the fund, in an amount not to exceed Two Thousand Dollars ($2,000.00) a year, to fund administrative expenses.
  4. The Mississippi Board of Animal Health shall adopt rules and regulations governing the proper administration of the Animal Care Fund, and establishing guidelines and criteria for the distribution and allocation of monies in the fund, including qualifications for those groups, organizations and associations qualified to accept monies or to which boards of supervisors and governing authorities may make donations.

HISTORY: Laws, 2000, ch. 536, § 6; Laws, 2007, ch. 358, § 1, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment added (1) and redesignated former (1) through (3) as present (2) through (4); in (3), inserted “and qualified nonprofit organizations” at the end of the last two sentences in the introductory language, and added the last sentence in (c); inserted “qualified to accept monies or” following organizations and associations” in (4); and made minor stylistic changes.

Cross References —

Special “I Care for Animals” license tags or plates, see §27-19-56.18.

Powers of the Mississippi Board of Animal Health generally, see §69-15-9.

Federal Aspects—

Qualification as tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, see 26 USCS § 501(c)(3).

Article 2. Administrative Procedures to Enforce Rules and Regulations of Board of Animal Health.

§ 69-15-51. Purpose.

It is the purpose of Sections 69-15-51 through 69-15-69 to establish an administrative hearing procedure under the Board of Animal Health to enforce the rules and regulations of the Board of Animal Health and the statutes and laws of the State of Mississippi pertaining to the control and eradication of tuberculosis, anthrax, hog cholera, Texas and splenic fever and the fever-carrying tick (Margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine infectious anemia and any suspected new and/or foreign diseases of livestock and poultry, and all other diseases of animals in this state, currently in effect or hereafter made and promulgated.

HISTORY: Laws, 1989, ch. 449, § 1, eff from and after passage (approved March 24, 1989).

§ 69-15-53. Procedure following charge of violation; reviewing officer.

  1. When any allegation or charge has been made against a person for violating the rules and regulations of the Board of Animal Health or the law relating to the prevention and eradication of diseases in animals and livestock, the Board of Animal Health shall direct the State Veterinarian to act as the reviewing officer. The reviewing officer shall (a) cause the complaint to be in writing and signed by the person making the charge; (b) insure that the complaint is filed in the office of the Board of Animal Health; and (c) send a copy of the complaint and any supporting documents to the person accused along with a request for the accused to respond to the allegations within thirty (30) days. Such notification shall be accomplished by any of the methods provided for in Rule 4 of the Mississippi Rules of Civil Procedure. Upon receipt of the response and any supporting documents from the accused, the reviewing officer shall screen all information on file to determine the merit of the complaint or lack thereof.
  2. If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint.
  3. If the reviewing officer determines that there are reasonable grounds to indicate that a violation has occurred or the accused admits to the truth of the allegations upon which the complaint is based, the reviewing officer may levy a fine not to exceed One Thousand Dollars ($1,000.00) for each violation.
  4. If the accused requests a hearing, in writing, within thirty (30) days, the reviewing officer shall notify the Board of Animal Health and a hearing shall be scheduled. The actions of the State Veterinarian with respect to subsections (2) and (3) above shall be reviewable at such hearing, if so requested. The party requesting a hearing shall file a fee of One Hundred Dollars ($100.00) along with the request for hearing to cover the cost of a court reporter.

HISTORY: Laws, 1989, ch. 449, § 2; Laws, 1990, ch. 519, § 4, eff from and after passage (approved April 2, 1990).

§ 69-15-55. Hearing committee; hearing procedure.

  1. The Board of Animal Health, upon notice from the reviewing officer that a hearing is requested, shall appoint a three-member hearing committee which shall consist of one (1) attorney from the Attorney General’s office, and two (2) representatives from the Department of Agriculture or from the membership of the Board of Animal Health. The hearing committee shall, within thirty (30) days of notification from the reviewing officer, conduct a hearing at a date, time and place to be determined by the hearing committee, provided that such hearing shall be held and conducted within the county in which the accused resides or in a situs mutually agreeable and that for good cause shown the hearing committee may grant a continuance or continuances of such hearings. Written notice of date, time and place of such hearing shall be mailed to the accused by registered mail, return receipt requested, no less than fifteen (15) days prior to the commencing of the hearing.
  2. A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing shall be closed unless the accused shall request a public hearing. The hearing committee shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding, and shall admit all relevant and material evidence except evidence which is unduly repetitious.
  3. For purposes of such hearing, the committee is hereby empowered to require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the accused. The board shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence at a hearing pending before the board. Subpoenas to be issued shall be delivered to the sheriff of the county where they are to be executed and the sheriff shall cause them to be served. In case of the failure of any person to comply with any subpoena issued by the board, the board or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt thereof.
  4. At the conclusion of the hearing, the hearing committee, upon the majority vote of the members of such committee, shall transmit to the Board of Animal Health a written opinion incorporating findings of fact and recommendations for penalties which shall not exceed One Thousand Dollars ($1,000.00) for each violation.

HISTORY: Laws, 1989, ch. 449, § 3, eff from and after passage (approved March 24, 1989).

§ 69-15-57. Certification of findings and recommendations to Board of Animal Health.

The reviewing officer and/or the hearing committee shall certify findings and recommendations to the Board of Animal Health within five (5) days of the conclusion of the proceedings. The Board of Animal Health shall, at its next regular meeting, review such findings and recommendations and approve, modify or reverse the recommendations made as a result of the review and hearing. The Board of Animal Health shall then notify the accused violator of its decision by certified mail at a mailing address provided during the proceedings, or at the accused violator’s last-known address.

HISTORY: Laws, 1989, ch. 449, § 4, eff from and after passage (approved March 24, 1989).

§ 69-15-59. Waiver of right to hearing.

Failure of the accused to request a hearing or respond to the complaint within thirty (30) days shall constitute a waiver of the right to a hearing and any penalties assessed by the board shall be due and payable as provided in Section 69-15-67.

HISTORY: Laws, 1989, ch. 449, § 5, eff from and after passage (approved March 24, 1989).

§ 69-15-61. Jurisdiction of Board of Animal Health; authority to adopt rules and regulations.

The Board of Animal Health shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of Sections 69-15-51 through 69-15-69, the rules and regulations of the board, and all other laws relating to the prevention and eradication of diseases in animals and livestock. The board may adopt rules and regulations to implement the provisions of Sections 69-15-51 through 69-15-69.

HISTORY: Laws, 1989, ch. 449, § 6, eff from and after passage (approved March 24, 1989).

§ 69-15-63. Judicial review.

  1. Any individual aggrieved by a final decision of the Board of Animal Health after its review of the hearing officer’s recommendation shall be entitled to judicial review.
  2. An appeal from the board’s decision shall be filed in the Circuit Court of the First Judicial District of Hinds County on the record made, including a verbatim transcript of the testimony at the hearing held before the designated hearing committee of the Board of Animal Health. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in circuit court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the Board of Animal Health, and the filing of a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the action of the board be affirmed by the circuit court, the aggrieved party shall pay the costs of the appeal and the action of the circuit court.
  3. The scope of review of the circuit court in such cases shall be limited to a review of the record made before the board or hearing committee to determine if the action of the board is unlawful for the reason that it was:
    1. Not supported by any substantial evidence;
    2. Arbitrary or capricious; or
    3. In violation of some statutory or constitutional right of the individual.
  4. No relief shall be granted based upon the court’s finding of harmless error by the board in complying with the procedural requirements of Sections 69-15-51 through 69-15-61. In the event that there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.
  5. Any party aggrieved by action of the circuit court may appeal to the State Supreme Court in the manner provided by law.

HISTORY: Laws, 1989, ch. 449, § 7, eff from and after passage (approved March 24, 1989).

§ 69-15-65. Penalties.

  1. Each violation of the rules and regulations of the Board of Animal Health or violations of any other of the laws governing the eradication of contagious diseases in animals and livestock shall be subject to the imposition of a civil penalty up to One Thousand Dollars ($1,000.00).
  2. When one or more animals are involved and are the subject of the violation each animal shall constitute a separate violation.

HISTORY: Laws, 1989, ch. 449, § 8, eff from and after passage (approved March 24, 1989).

Cross References —

Penalty for violation of provisions pertaining to anthrax quarantine, see §69-15-15.

Person violating rule or regulation relating to bringing equine into state or local show or sale facility without infectious anemia certificate, as subject to penalties in this section, see §69-15-117.

§ 69-15-67. Failure to pay penalty.

  1. Any penalty assessed by the Board of Animal Health shall be due and payable within forty-five (45) days of the notification of the board’s decision.
  2. In the event that the judgment is not paid within the forty-five (45) days, or within such additional time as the board may allow, the Board of Animal Health through its designated representative may file suit in the circuit court of the county where the defendant resides or in the case of a nonresident defendant in the Circuit Court of the First Judicial District of Hinds County or any other court with appropriate jurisdiction to enforce the decision of the board and recover reasonable attorney’s fees and all court costs.
  3. A copy of the notification sent by the board to the violator shall be sufficient proof as to the judgment of the board.

HISTORY: Laws, 1989, ch. 449, § 9, eff from and after passage (approved March 24, 1989).

Cross References —

Failure to request hearing resulting in penalty due and payable, see §69-15-59.

§ 69-15-69. Immunity for witnesses.

No person shall be subject to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter or issue concerning which he may be required to testify to or produce evidence, or provide documentation, before the board or at any of its hearings or conferences, or in compliance with any subpoena, however, no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

HISTORY: Laws, 1989, ch. 449, § 10, eff from and after passage (approved March 24, 1989).

Article 3. General Provisions for Control and Eradication of Livestock and Animal Diseases.

§ 69-15-101. Areas for control of diseases of livestock and poultry.

  1. The boards of supervisors of any county, or one or more counties, are hereby authorized and empowered, in their discretion, to establish areas composed of one or more counties for the purpose of cooperating with the Board of Animal Health and the United States Bureau of Animal Industry, separately or jointly, in providing for a program of control and eradication of certain diseases of livestock and poultry within such area established.
  2. Boards of supervisors of any county or counties acting under the authority conferred by this section are authorized and empowered, in their discretion, to contribute to the support of such area program in an amount equal to thirty-three and one-third per cent of the cost of administering the program in such area. The cost of administering such program to be determined by the board and entered upon their minutes at the time funds are appropriated for the support of same. The funds herein authorized to be expended by the board or boards of supervisors of each county or group of counties comprising such area shall be paid out of the General Fund of such county or counties on order of the board of supervisors duly entered on their minutes.
  3. The Board of Animal Health is hereby authorized to purchase and supply at cost any vaccine necessary for use in control and eradication of diseases of livestock and poultry in such area hereby authorized to be established, to the owners of livestock or poultry residing in an area cooperating with the control program hereby authorized.
  4. In order that any area created under the provisions of this section may have the services of a veterinarian, the board of animal health is hereby authorized and empowered, in their discretion, to employ a veterinarian for such area, and such area veterinarian shall have the authority to employ local veterinarians with the approval of the board of animal health, and the board of supervisors of the county or counties comprising such area are authorized and empowered to contribute to the payment of the salary of such veterinarians employed by the board of animal health.

HISTORY: Codes, 1942, § 4861.5; Laws, 1948, ch. 197, §§ 1-4.

Cross References —

Board of Animal Health, generally, see §§69-15-1 et seq.

Penalties for violating any provision of this article, see §69-15-331.

RESEARCH REFERENCES

Am. Jur.

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 21 et seq. (destruction of diseased animals).

CJS.

3B C.J.S., Animals §§ 135 et seq.

§ 69-15-103. Spraying to prevent spread of disease at state fairs and community sale barns.

  1. All pens, stalls, barns, or other places where livestock are placed or held for exhibits or shows at all fairs within the state shall be sprayed with an approved insecticide before any animals are placed therein, and immediately after removal of such animals, all such pens, stalls, barns, or other places where such animals have been confined shall be sprayed with an approved disinfectant. Such spraying shall be done under the direction or supervision of the board of animal health. It shall be the duty of the fair managers to see that the provisions hereof are complied with.
  2. All community sale barns within the state where any kind of livestock is sold, shall be sprayed with an approved insecticide before any animals are placed therein and immediately after removal of such animals. Such spraying shall be done at the expense of the owners of said sale barns, and done under directions of the board of animal health. Failure by the owners of said sale barns to comply with the provisions hereof shall be punished by a fine imposed upon them of not less than Twenty-five Dollars ($25.00), nor more than Fifty Dollars ($50.00).

HISTORY: Codes, 1942, § 4861.7; Laws, 1948, ch. 199, §§ 1, 2.

§ 69-15-105. County or district to establish program to control or eradicate ticks, flies, and other external parasites.

  1. The boards of supervisors in the various counties are hereby authorized and empowered, in their discretion, to put into effect the provisions of this section by order of said respective boards spread upon the minutes of such board when petitioned by a majority of livestock owners in any county or affected district.
  2. The board of supervisors of any county, when petitioned, electing to come under the provisions of this section shall be authorized to appropriate money from the general fund or fix the levy annually of an ad valorem tax, not to exceed two (2) mills, upon the assessed valuation of all real and personal property within the area petitioned for and/or fix a fee not to exceed Twenty-five Cents (25¢) per head on livestock annually, based on cost estimates for a program of controlling or eradicating ticks, flies, and other nuisance insects by dipping livestock or by other appropriate methods.
  3. The board of supervisors of any county, upon designating an area where the program shall be operated, shall request the technical assistance of the Board of Animal Health. The Board of Animal Health shall cooperate in general planning, technical supervision, furnish specifications for vats, and other equipment, select approved chemical agents and test same for effectiveness.
  4. The board of supervisors of any county is authorized to construct dipping vats in suitable locations, purchase other equipment and supplies, and employ such personnel as necessary, including inspectors who shall be enforcement officers for the county board of supervisors.

    It shall be the duty of each livestock owner within the area of program operations to cooperate with the board of supervisors and its representatives and comply with the provisions of this section.

  5. The board of supervisors of any county shall have the authority to require all owners when necessary to assemble all their livestock at a designated time and place and have same dipped or treated according to prescribed methods.

    Owners who refuse or fail to comply after having been duly notified to have livestock assembled and dipped or treated as prescribed shall be in violation of the provisions of this section and shall be subject to the provisions of Sections 69-15-53 through 69-15-69.

  6. The purpose of this section is to supplement and be in addition to Section 69-15-307, Mississippi Code of 1972, and related statutes. Nothing in this section to the contrary shall replace or minimize existing statute concerning existing laws for the eradication of the cattle fever tick (Margaropus annulatus).

HISTORY: Codes, 1942, § 4861.3; Laws, 1956, ch. 139, §§ 1-7; Laws, 1989, ch. 449, § 11, eff from and after passage (approved March 24, 1989).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 135 et seq.

§ 69-15-107. Brucellosis eradication.

  1. In addition to other authority vested in the Board of Animal Health, it shall have the following powers and duties:
    1. To quarantine all herds of cattle where reactors are disclosed or found by private tests, auction barn sale tests, market cattle testing of slaughter cattle and dairy herds that are suspicious to the brucellosis ring test (milk).
    2. Owners of herds so quarantined in counties carrying out brucellosis eradication programs either in cooperation with the board of supervisors or Animal Health Division, Agricultural Research Services, USDA, shall have a maximum of sixty (60) days from date of quarantine issuance in which to have the quarantined portion of their herd officially tested for brucellosis. The herd owner shall be responsible for making herd test arrangements, using at his option either the federal veterinarian assigned to his area or any private practitioner licensed to test cattle in the herd owner’s county under the area plan. It shall be the herd owner’s responsibility to assemble, confine, and hold the quarantined cattle at a time and place agreed upon by himself and his selected veterinarian for the purpose of identifying and testing those animals required to be tested under the uniform methods and rules for establishing and maintaining modified certified brucellosis areas adopted by the United States Livestock Sanitary Association and approved by the Animal Health Division, Agricultural Research Services, USDA. These uniform methods and rules shall be followed explicitly in carrying out all official area brucellosis testing work, and owners of quarantined herds shall be responsible for retesting of quarantined portions of their herds within time limits prescribed by these rules. Within these time limits, quarantined herd owners shall enjoy the same options for veterinarian selection and time and test location as outlined above for the original test.
    3. Owners of quarantined herds who fail to take action in having their herd officially tested for brucellosis within sixty (60) days of quarantine issuance shall upon notice from the State Veterinarian assemble or have assembled these quarantined cattle at a place and time designated in order that the brucellosis test may be applied. Assistance shall be given by such owners in confining these cattle in order that the test may be administered properly, and the same cattle shall be returned for checking, tagging and branding of reactors at a time and place designated by the inspector or veterinarian in charge. It shall be the duty of the sheriff in any county in which the work of brucellosis testing is in progress to render to agents of the Board of Animal Health every assistance in enforcing the laws and regulations of said board. If the sheriff of any county shall neglect, fail or refuse to render this assistance when so required, he shall be guilty of a misdemeanor and be punishable as in other cases of malfeasance or misfeasance.
    4. All cattle which have reacted to the brucellosis test shall be tagged and branded and removed from the herd of cattle and shall be permitted to market for slaughter within a period of fifteen (15) days after the date of tagging and branding. When funds are available from the state or federal government, indemnities will be paid to the owner of reactors when properly appraised and disposed of.
    5. As stated in paragraph (b), current uniform methods and rules for establishing and maintaining modified certified brucellosis areas adopted by the United States Livestock Sanitary Association and approved by the Animal Health Division, Agricultural Research Services, USDA, shall be followed.
  2. Any person, firm or corporation failing to comply with any of the provisions of this section or interfering with any duly appointed officer of the Board of Animal Health in the discharge of his duty, or for having discharged his duties, shall be deemed in violation of the provisions of this section and shall be subject to the provisions of Sections 69-15-53 through 69-15-69.

HISTORY: Codes, 1942, § 4837.5; Laws, 1966, ch. 231, §§ 1, 2; Laws, 1989, ch. 449, § 12, eff from and after passage (approved March 24, 1989).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 21 et seq. (destruction of diseased animals).

CJS.

3B C.J.S., Animals §§ 135 et seq.

§ 69-15-109. Emergency control of foot and mouth disease and other infectious diseases of animals and poultry.

  1. The Governor of the State of Mississippi, when advised by the Board of Animal Health that an emergency exists due to the presence of foot and mouth disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious diseases of animals, or European fowl pest and similar diseases among poultry, in this state, or chronic wasting disease in any cervids, is hereby authorized to declare a state of emergency and to order all animals or poultry quarantined or slaughtered that may be affected with, or possible carriers of such diseases.
  2. The Governor is hereby authorized and empowered to cooperate with any department of the federal government engaged in the combating and control of any such disease mentioned in subsection (1) and to this end the Governor is authorized and empowered to do any and all things in cooperation with the federal government necessary to the control and extermination of any such diseases mentioned in subsection (1) among animals or poultry that may be affected therewith.
  3. For the purposes of this section, the Governor shall have full and complete police power, and shall exercise same anywhere in the State of Mississippi, and if an emergency should exist to such an extent that such becomes necessary the Governor may employ such personnel to enforce such police powers and quarantine that may be necessary to control and prevent the spreading of any such diseases mentioned in subsection (1) among animals or poultry in this state. Such personnel when appointed by the Governor shall work under the direction of the Mississippi Board of Animal Health, or its representative, and shall be paid such compensation as the Governor may determine out of any money made available for the enforcement of this section.
  4. When any animals or poultry or materials are ordered to be destroyed, under the provisions of this section, the owner of same shall be paid for each such animal or poultry or materials destroyed an amount not exceeding the amount authorized to be paid by the federal government in matching funds expended for the destruction of each such animal or poultry or materials infected with any such diseases mentioned in subsection (1).
  5. In the event of the happening of an outbreak of any such diseases mentioned in subsection (1) in Mississippi, the Governor is hereby authorized to borrow not to exceed Two Hundred Thousand Dollars ($200,000.00) to carry out the terms and provisions of this section.

HISTORY: Codes, 1942, § 4847.5; Laws, 1948, ch. 196, §§ 1-5; Laws, 1954, ch. 149, §§ 1-5 [¶¶ 1-5]; Laws, 2003, ch. 516, § 4, eff from and after passage (approved Apr. 19, 2003.).

Amendment Notes —

The 2003 amendment inserted “or chronic wasting disease in any cervids” following “in this state” in (1).

RESEARCH REFERENCES

Am. Jur.

1 Am. Jur. Pl & Pr Forms (Rev), Abatement, Survival, and Revival, Form 21.1 (Order stay of destruction of animals).

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 21 et seq. (destruction of diseased animals).

37 Am. Jur. Proof of Facts 2d 711, Justifiable Destruction of Animal.

CJS.

3B C.J.S., Animals §§ 135 et seq.

§ 69-15-111. Livestock; how brought into state.

It shall be unlawful for any person or persons, firm or corporation to drive, convey, transport or allow to drift from any state or territory, into this state any livestock except under the supervision and in accordance with the rules and regulations of the Board of Animal Health. Steers may be moved into the state for feeding and grazing purposes under special permit issued by the State Veterinarian.

Livestock shipped, trailed, driven or otherwise transported into this state from other states or territories shall be subject to examinations and tests approved by the Board of Animal Health for the purpose of determining if such animals are free of infectious abortion or bangs disease. Should such animals react to the tests, they shall immediately upon notice to the owner from the board or one (1) of the board’s inspectors or veterinarians be returned to the state from which they came, or slaughtered under the supervision and direction of the board. The Board of Animal Health is authorized and empowered to require livestock owners or persons having livestock in charge, affected with, or exposed to infectious abortion, upon notice to assemble or have assembled such livestock at a place and time designated by an inspector or veterinarian of the Board of Animal Health or of the United States Bureau of Animal Industry in order that the proper and necessary tests and examinations can be made. All animals which react to the test for infectious abortion or show marked diagnostic symptoms of infectious abortion shall be quarantined, segregated, isolated or otherwise disposed of under the direction of the Board of Animal Health.

Any person, firm or corporation violating any of the provisions of this section or any of the rules and regulations of the Board of Animal Health shall be deemed in violation of the provisions of this section and shall be subject to the provisions of Sections 69-15-53 through 69-15-69.

HISTORY: Codes, 1930, § 5439; 1942, § 4862; Laws, 1930, ch. 91; Laws, 1989, ch. 449, § 13, eff from and after passage (approved March 24, 1989).

Cross References —

Payment by county for cattle injured in dipping process, see §19-5-13.

Common graves for livestock dying as result of epidemic, see §19-5-15.

Regulation of feeding of swine, see §§69-11-1 et seq.

Appraisement and payment for condemned cattle, see §69-15-211.

Disposal of bodies of animals dead from disease, see §97-27-3.

Crime of selling diseased animal, see §97-27-5.

Crime of failing to dispose of or segregate diseased animal, see §97-27-7.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 269 et seq.

§ 69-15-113. Infected livestock; pay for when destroyed.

Owners of livestock infected with any contagious or infectious disease, whose animals are destroyed by authority of the board of animal health shall receive compensation from the state in accordance with the following provisions:

Before authorizing the destruction of such diseased animals, they shall be appraised by a duly commissioned representative of the board of animal health of the State of Mississippi or a cooperating representative of the U. S. Department of Agriculture, Bureau of Animal Industry, duly commissioned by said board of animal health. If the owner shall refuse to accept such appraisal, the animals shall be appraised (under oath) by three competent and disinterested appraisers; one to be selected by the duly commissioned representative of the board of animal health or of the U. S. Department of Agriculture, Bureau of Animal Industry duly commissioned by said board of animal health, one by the owner, and those two to select a third; the appraisal to be based upon the value of the animals at the time the animals are condemned for destruction; and, provided, further, that the state to pay not to exceed one-third of the difference between the appraised value of each animal so destroyed and the value of the salvage thereof, when any portion of said appraised value is paid by the U. S. Department of Agriculture, and not more than two-thirds thereof in the event no portion is paid by said U. S. Department of Agriculture. In no event shall the state be liable on an appraised value exceeding $25.00 per head for grade cattle and $50.00 per head for registered purebred cattle.

Upon receipt of a duly certified copy of the appraisal of the stock condemned to be destroyed, and a certificate from the board of animal health that the condemned stock has been destroyed in accordance with the rules and regulations of said board, a requisition shall be issued, signed by the executive officer and the chairman of the state board of animal health, authorizing the state auditor to issue a warrant for the amount stipulated out of funds in the state treasury especially appropriated for that purpose.

HISTORY: Codes, Hemingway’s 1917, § 5501; 1930, § 5416; 1942, § 4839; Laws, 1916, ch. 122; Laws, 1938, ch. 177.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Payment by county for cattle injured in dipping process, see §19-5-13.

Appraisement and payment for condemned cattle, see §69-15-211.

JUDICIAL DECISIONS

1. In general.

Appraisement by three competent and disinterested appraisers is condition precedent to Board’s requirement of destruction of diseased animals. Mississippi Live Stock Sanitary Board v. Broadus, 181 Miss. 122, 178 So. 787, 1938 Miss. LEXIS 54 (Miss. 1938).

Appraisement is prerequisite to reimbursement of owner, from state funds, for destruction of cattle. Mississippi Live Stock Sanitary Board v. Broadus, 181 Miss. 122, 178 So. 787, 1938 Miss. LEXIS 54 (Miss. 1938).

Purpose of appraisement is disinterested valuation and attempted appraisal by owner and representative of State Livestock Sanitary Board is ineffective. Mississippi Live Stock Sanitary Board v. Broadus, 181 Miss. 122, 178 So. 787, 1938 Miss. LEXIS 54 (Miss. 1938).

Statute does not authorize State Livestock Sanitary Board to order destruction of tubercular cattle without some compensation to owner. Mississippi Live Stock Sanitary Board v. Broadus, 181 Miss. 122, 178 So. 787, 1938 Miss. LEXIS 54 (Miss. 1938).

Court of equity is without power to order slaughter of oxen infected with tuberculosis where statute relating to appraisal was not complied with. Mississippi Live Stock Sanitary Board v. Broadus, 181 Miss. 122, 178 So. 787, 1938 Miss. LEXIS 54 (Miss. 1938).

RESEARCH REFERENCES

ALR.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

Am. Jur.

4 Am. Jur. 2d, Animals §§ 103-120.

1 Am. Jur. Pl & Pr Forms (Rev), Abatement, Survival, and Revival, Form 21.1 (Order stay of destruction of animals).

37 Am. Jur. Proof of Facts 2d 711, Justifiable Destruction of Animal.

CJS.

3B C.J.S., Animals §§ 99 et seq.

§ 69-15-115. Penalties.

Any person, firm or corporation violating any of the provisions of Article 5 of this chapter, or any of the rules and regulations of the Board of Animal Health, relative to the control and eradication of tuberculosis, anthrax, hog cholera, Texas and splenic fever and the fever-carrying tick (Margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine infectious anemia and any suspected new and/or foreign diseases of livestock and poultry, and all other diseases of animals in this state, made and promulgated thereunder shall be subject to the provisions of Sections 69-15-53 through 69-15-69.

HISTORY: Codes, Hemingway’s 1921 Supp. § 5506f; 1930, § 5424; 1942, § 4847; Laws, 1920, ch. 327; Laws, 1930, ch. 99; Laws, 1962, ch. 166, § 2; Laws, 1981, ch. 316, § 1; Laws, 1989, ch. 449, § 14, eff from and after passage (approved March 24, 1989).

Cross References —

Administrative procedures to enforce rules and regulations of Board of Animal Health, see §§69-15-51 et seq.

General penalties for violating provisions of this article, see §69-15-331.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 69-15-117. All equidae located on premises where public participates in equine activities to be accompanied by copy of negative infectious anemia test; regulations; penalties.

  1. All equidae located on any premises within the state where the public participates in equine activities for any purpose, including, but not limited to, training, breeding, performing or exhibition shall be accompanied by the original copy of a negative current equine infectious anemia (EIA) test. All equidae moving within the state for any reason shall be accompanied by the original copy of a negative current equine infectious anemia (EIA) test. Equidae being sold at a public sale or sold at a private sale shall have a negative current equine infectious anemia (EIA) test.
  2. The Board of Animal Health shall promulgate rules and regulations to enforce this section.
  3. Any person violating this section or the rules and regulations promulgated under this section by the Board of Animal Health is subject to the penalties provided in Section 69-15-65.

HISTORY: Laws, 1995, ch. 509, § 1; Laws, 2001, ch. 573, § 1, eff from and after July 1, 2001.

Article 5. Cattle Tuberculosis.

§ 69-15-201. Employment of veterinarians to co-operate in tests.

The State Veterinarian, with the approval and consent of the Board of Animal Health is directed to employ one or more qualified veterinarians to be paid from the funds at the disposal of said board, who shall cooperate with the veterinarians of the U.S. Department of Agriculture, Bureau of Animal Industry, in testing cattle for tuberculosis in this state.

HISTORY: Codes, Hemingway’s 1921 Supp. § 5506a; 1930, § 5417; 1942, § 4840; Laws, 1920, ch. 327; Laws, 1930, ch. 99; Laws, 1990, ch. 519, § 5, eff from and after passage (approved April 2, 1990).

Cross References —

Penalties for violating any provision of this article, see §69-15-331.

RESEARCH REFERENCES

ALR.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

§ 69-15-203. Veterinarians to be detailed to aid counties.

The State Veterinarian is directed to detail a veterinarian to assist such counties as desire to undertake the control and eradication of tuberculosis among cattle and such assistance shall be given to the counties in the order in which request is made and to the extent that the funds of the board will permit.

HISTORY: Codes, Hemingway’s 1921 Supp. § 5506b; 1930, § 5418; 1942, § 4841; Laws, 1920, ch. 327; Laws, 1930, ch. 99; Laws, 1990, ch. 519, § 6, eff from and after passage (approved April 2, 1990).

§ 69-15-205. Elections on tuberculosis control.

The board of supervisors of any county in the State of Mississippi may, by order entered on the minutes of said board, express their intention to engage in the eradication of tuberculosis, in livestock under the area plan in co-operation with the board of animal health, and the United States Bureau of Animal Industry. Such order so entered upon the minutes of said board shall be published for thirty days in a newspaper published in said county and having a general circulation therein, and at the expiration of said thirty days if twenty per cent or more of the qualified electors of said county shall not file with said board a petition protesting against said order, the board shall enter an order upon their minutes to so engage in said eradication provided for in the previous order; but should twenty per cent or more of the qualified electors of said county file with said board a petition protesting against said order, then the board of supervisors shall call an election, after having given the notice required by law, and if a majority of the qualified electors of said county voting at said election in favor of engaging in such eradication, then the board shall enter upon its minutes an order to that effect; should a majority of the qualified electors of said county voting fail to vote in favor of engaging in such eradication, then said board shall enter an order upon its minutes refusing to engage in such eradication.

HISTORY: Codes, Hemingway’s 1921 Supp. § 5506c; 1930, § 5419; 1942, § 4842; Laws, 1920, ch. 327; Laws, 1930, ch. 99.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 127 et seq.

§ 69-15-207. Submission of cattle for tuberculin tests.

In counties doing tuberculosis eradication work under the provisions of this article, owners of cattle are required to submit all their cattle to be tuberculin tested at such time and place as designated by the board of animal health, and provide such help as may be needed by the inspector doing the work.

HISTORY: Codes, 1930, § 5423; 1942, § 4846; Laws, 1930, ch. 99.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 127 et seq.

§ 69-15-209. Condemnation, branding and disposition of cattle reacting to tuberculin tests.

Cattle which react to the tuberculin test or show marked diagnostic symptoms of tuberculosis shall be condemned and branded with the letter “T” on the left jaw, and be disposed of as directed by the board of animal health.

HISTORY: Codes, Hemingway’s 1921 Supp. § 5506e; 1930, § 5422; 1942, § 4845; Laws, 1920, ch. 327; Laws, 1930, ch. 99.

RESEARCH REFERENCES

Am. Jur.

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 21 et seq. (destruction of diseased animals).

CJS.

3B C.J.S., Animals §§ 127 et seq.

§ 69-15-211. Payment for condemned cattle in counties engaged in tuberculosis eradication under area plan; appraisement.

The county boards of supervisors of counties engaged in eradicating tuberculosis in livestock under the area plan in co-operation with the board of animal health and the United States Bureau of Animal Industry may pay out of the general funds of the county money for necessary expenditure including the employment of accredited or approved veterinarians and for the payment of indemnity to cattle owners who have animals slaughtered because of having reacted to a tuberculin test authorized by the board and the United States Bureau of Animal Industry. Provided that said animals so classed are appraised and slaughtered as provided in the rules and regulations of the board of animal health. The indemnity received shall not exceed Fifty Dollars ($50.00) for each grade animal or One Hundred Dollars ($100.00) for each registered animal so condemned.

HISTORY: Codes, Hemingway’s 1921 Supp. § 5506d; 1930, § 5420; 1942, § 4843; Laws, 1920, ch. 327; Laws, 1930, ch. 99.

Cross References —

Proof of claim and payment, see §19-13-49.

RESEARCH REFERENCES

ALR.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

Am. Jur.

4 Am. Jur. 2d, Animals §§ 103-120.

CJS.

3B C.J.S., Animals §§ 127 et seq.

§ 69-15-213. Payment for condemned cattle in counties not operating on area plan.

The boards of supervisors of the various counties of the State of Mississippi which are not engaged in the eradication of bovine tuberculosis on the area plan, may in their discretion, pay indemnity on cattle which react to a co-operative tuberculin test authorized by the Mississippi Board of Animal Health on the same basis as provided in Section 69-15-211.

HISTORY: Codes, 1930, § 5421; 1942, § 4844; Laws, 1930, ch. 99.

RESEARCH REFERENCES

Am. Jur.

4 Am. Jur. 2d, Animals § 103-120.

CJS.

3B C.J.S., Animals §§ 127 et seq.

Article 7. Eradication of Cattle Ticks and Other Animal Parasites.

§ 69-15-301. Duties of Board of Animal Health; assistant executive officer for tick eradication; inspectors, range riders and other employees.

  1. The work of tick eradication shall be prosecuted by the Board of Animal Health under the following provisions: The State Veterinarian, with the approval and consent of the board, shall hire an assistant executive officer for tick eradication who shall receive a salary of not exceeding Four Thousand Dollars ($4,000.00) per annum to be fixed by the board, who shall be duly qualified for the work and of recognized ability and experience in tick eradication and who shall have full authority and jurisdiction, subject to the rules and regulations of the Board of Animal Health in the matter, direction and administration of the work of eradication of the Texas and splenic fever and the fever-carrying tick, in the State of Mississippi, until such time as in the judgment of the board it is necessary for the prosecution to a successful conclusion of the campaign of eradicating said ticks and tick fever.
  2. The assistant executive officer shall have for the purpose of eradication of the Texas and splenic fever or fever-carrying tick, all the powers, authority and jurisdiction now conferred by law upon the Executive Officer of the Board of Animal Health, upon the conditions and limitations set forth in this section.
  3. The assistant executive officer shall employ such inspectors and range riders and other employees as may be deemed necessary by the Board of Animal Health for the successful prosecution of the work of eradication of the Texas and splenic fever and fever-carrying tick, the compensation of such inspectors, range riders, and other employees to be fixed by the board and paid out of any appropriation made to the board for tick eradication.

HISTORY: Codes, Hemingway’s 1917, § 5492; 1930, § 5414; 1942, § 4837; Laws, 1908, ch. 106; Laws, 1926, ch. 264; Laws, 1928, ch. 61; Laws, 1962, ch. 166, § 1; Laws, 1990, ch. 519, § 7, eff from and after passage (approved April 2, 1990); Laws, 2018, ch. 395, § 15, eff from and after July 1, 2018.

Amendment Notes —

The 2018 amendment deleted “and in Section 69-15-303, Mississippi Code of 1972” from the end of (2); in (3), deleted “the employment of such inspectors, range riders, and other employees to be subject to the approval of the advisory commission on tick eradication” following “fever-carrying tick” and “subject to the approval of the said advisory commission” following “and other employees to be”; and made minor stylistic changes.

Cross References —

Board of Animal Health, generally, see §§69-15-1 et seq.

Penalties for violating any provision of this article, see §69-15-331.

Regulation of drugs for animals, see §§69-17-1 et seq.

JUDICIAL DECISIONS

1. Validity.

2. Construction and application.

1. Validity.

This statute is constitutional. Moss v. Mississippi Live Stock Sanitary Board, 154 Miss. 765, 122 So. 776, 1929 Miss. LEXIS 176 (Miss. 1929).

Livestock owners violating law requiring dipping of animals to eradicate fever tick were not entitled to protection of equity because of threatened invasion of constitutional right. Moss v. Mississippi Live Stock Sanitary Board, 154 Miss. 765, 122 So. 776, 1929 Miss. LEXIS 176 (Miss. 1929).

Chapter 106 Laws 1908, a former statute, was not invalid as a delegation of legislative functions. Abbott v. State, 106 Miss. 340, 63 So. 667, 1913 Miss. LEXIS 139 (Miss. 1913).

2. Construction and application.

Court of equity lacked power to order slaughter of oxen infected with tuberculosis where statute relating to appraisal was not complied with. Mississippi Live Stock Sanitary Board v. Broadus, 181 Miss. 122, 178 So. 787, 1938 Miss. LEXIS 54 (Miss. 1938).

In prosecution for moving cattle from Louisiana to Mississippi, evidence that copies of necessary Federal certificates authorizing such movement were customarily mailed to Mississippi Livestock Board, and that secretary thereof had been unable to find copy of any certificate issued to defendant, was insufficient for jury in absence of proof of any law or regulation requiring Federal authorities to file copies of Federal certificates with Mississippi Livestock Board. Calhoun v. State, 172 Miss. 559, 161 So. 297, 1935 Miss. LEXIS 182 (Miss. 1935).

Tick eradication statutes do not authorize entry on owner’s premises and seizure of livestock on refusal to dip. Gilbert v. Crosby, 160 Miss. 711, 135 So. 201, 1931 Miss. LEXIS 217 (Miss. 1931).

Writ authorizing seizure of livestock on owner’s refusal to dip under tick eradication statutes was void, rendering sheriff liable for civil trespass. Gilbert v. Crosby, 160 Miss. 711, 135 So. 201, 1931 Miss. LEXIS 217 (Miss. 1931).

The state livestock sanitary board could sue only by officers designated by the statute. Mississippi Live Stock Sanitary Bd. v. Williams, 133 Miss. 98, 97 So. 523, 1923 Miss. LEXIS 118 (Miss. 1923), overruled, Pruett v. City of Rosedale, 421 So. 2d 1046, 1982 Miss. LEXIS 2273 (Miss. 1982).

Section 3, ch. 106 Laws 1908, a former statute, did not make it a misdemeanor to refuse to dip cattle infected with tick fever as provided by rules of the live stock board. Abbott v. State, 106 Miss. 340, 63 So. 667, 1913 Miss. LEXIS 139 (Miss. 1913).

RESEARCH REFERENCES

ALR.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

CJS.

3B C.J.S., Animals §§ 135 et seq.

§ 69-15-303. Repealed.

Repealed by Laws, 2018, ch. 395, § 14, eff from and after July 1, 2018.

§69-15-303. [Codes, Hemingway’s 1917, § 5492; 1930, § 5414; 1942, § 4837; Laws, 1908, ch. 106; Laws, 1926, ch. 264; Laws, 1928, ch. 61; Laws, 1962, ch. 166, § 1, eff from and after passage (approved April 30, 1962).]

Editor's Notes —

Former §69-15-303 created an advisory commission to the Board of Animal Health in all matters related to the eradication of the Texas fever and splenic fever and fever-carrying ticks.

§ 69-15-305. Appointment, dismissal and compensation of local state inspectors and range riders.

The State Veterinarian shall appoint the necessary number of local state inspectors and range riders to assist the counties in systematic tick eradication, who shall be commissioned by the Board of Animal Health as livestock inspectors. The salaries of said inspectors and range riders shall be fixed by the Board of Animal Health and shall be sufficient to insure the employment of competent men. If the services of any of said inspectors or range riders is not satisfactory to the State Veterinarian, his services shall be immediately discontinued, and the decision of the State Veterinarian, after confirmation by the board, shall be final without recourse and the commission of said inspector shall be cancelled. The salaries of said inspectors shall be paid from funds at the disposal of the Board of Animal Health, drawn by secretary and approved by chairman.

HISTORY: Codes, 1930, § 5429; 1942, § 4852; Laws, 1926, ch. 265.

§ 69-15-307. Board of supervisors to assist in eradicating tick fever.

The board of supervisors in the various counties of the state are authorized and empowered to appropriate money out of the general fund of the county to be used for the purpose of co-operating with the Mississippi Board of Animal Health and the United States Department of Agriculture, Bureau of Animal Industry, in eradicating tick fever, cattle tick, lice, and other animal parasites, and any other contagious and infectious diseases of livestock or the causes of such diseases.

HISTORY: Codes, 1930, § 5425; 1942, § 4848; Laws, 1926, ch. 265; Laws, 1944, ch. 194.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 135 et seq.

§ 69-15-309. When board of supervisors to act.

If it shall be determined by the State Veterinarian, or his authorized agent, that any county or counties shall be partially or completely infested with the cattle tick (Margaropus annulatus), the board of supervisors of said counties which are partially or completely infested with the cattle tick (Margaropus annulatus) shall immediately take up the work of systematic tick eradication as provided in this article.

HISTORY: Codes, 1930, § 5427; 1942, § 4850; Laws, 1926, ch. 265.

RESEARCH REFERENCES

ALR.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

§ 69-15-311. Infected cattle to be dipped.

Systematic dipping of all cattle, horses, jacks, jennets and mules infested with or exposed to the cattle tick (Margaropus annulatus), shall be taken up as soon as practical in all counties or portions of counties that shall at any time be found partially or completely infested with the cattle tick (Margaropus annulatus) under the direction of the State Veterinarian, acting under the authority as herein provided, and as provided by the rules and regulations of the board of animal health. However, this section shall not hinder or handicap the operation of stock law.

HISTORY: Codes, 1930, § 5426; 1942, § 4849; Laws, 1926, ch. 265.

Cross References —

Tick reinfestation in counties not under statewide stock law, see §69-13-13.

Dipping of uninfected cattle, see §69-15-317.

JUDICIAL DECISIONS

1. In general.

Owner of livestock which was unlawfully seized and sold under tick eradication statutes was entitled to recover market value. Gilbert v. Crosby, 160 Miss. 711, 135 So. 201, 1931 Miss. LEXIS 217 (Miss. 1931).

RESEARCH REFERENCES

ALR.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

CJS.

3B C.J.S., Animals §§ 127 et seq.

§ 69-15-313. Board of supervisors to provide dipping vats when necessary.

The boards of supervisors, after being notified by the State Veterinarian that the cattle tick (Margaropus annulatus) is known to exist in their respective counties, shall provide such number of dipping vats as may be fixed by the State Veterinarian or his authorized representative, and provide the proper chemicals and other materials necessary to be used in the work of systematic tick eradication in such counties, and said work of systematic tick eradication shall begin on the date indicated by the State Veterinarian and continue until the cattle tick (Margaropus annulatus) is completely eradicated, and notice in writing of same is given by the State Veterinarian.

HISTORY: Codes, 1930, § 5428; 1942, § 4851; Laws, 1926, ch. 265.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 127 et seq.

§ 69-15-315. Violation by supervisors.

If the board of supervisors shall fail, refuse or neglect to comply with the provisions of this article, the state veterinarian or an authorized agent of the State Veterinarian, shall apply to any court of competent jurisdiction for a writ of mandamus or shall institute such other proceedings as may be necessary and proper to compel such county boards of supervisors to comply with the provisions of this article applying to them.

HISTORY: Codes, 1930, § 5430; 1942, § 4853; Laws, 1926, ch. 265.

Cross References —

Remedy of mandamus, generally, see §§11-41-1 et seq.

RESEARCH REFERENCES

Am. Jur.

1 Am. Jur. Pl & Pr Forms (Rev), Abatement, Survival, and Revival, Form 21.1 (Order stay of destruction of animals).

17 Am. Jur. Pl & Pr Forms (Rev), Mandamus, Form 205.1 (Alternative writ of mandamus – To prevent destruction of animals).

§ 69-15-317. Cattle and other livestock to be dipped.

Any person, or persons, firms or corporations, owning or having in charge any cattle, horses, jacks, jennets or mules in any county where tick eradication shall be taken up, or is in progress under existing laws, shall, on notification by any livestock inspector to do so, have such cattle, horses, jacks, jennets or mules dipped regularly every 14 days in a vat properly charged with arsenical solution, as recommended by the United States Bureau of Animal Industry under the supervision of said inspector, at such time and places and in such manner as may be designated by the livestock inspector. All animals dipped shall be marked for identification. The dipping period shall be continued as long as may be required by the rules and regulations of the State Board of Animal Health, which shall be sufficient in number and length of time to completely destroy and eradicate all cattle ticks (margaropus annulatus) in such county or counties.

HISTORY: Codes, 1930, § 5431; 1942, § 4854; Laws, 1926, ch. 265.

Cross References —

Dipping of cattle infected with ticks, see §69-15-311.

JUDICIAL DECISIONS

1. In general.

Officers and agents of Livestock Sanitary Board are not authorized to seize stock for dipping under tick eradication statute without proper writ. Cook v. Waldrop, 160 Miss. 862, 133 So. 894, 1931 Miss. LEXIS 175 (Miss. 1931).

Owner’s failure to protest against invasion of premises to seize livestock for dipping does not constitute consent to invasion. Cook v. Waldrop, 160 Miss. 862, 133 So. 894, 1931 Miss. LEXIS 175 (Miss. 1931).

In replevin action to recover possession of livestock, testimony showing sheriff acted in accordance with statute on plaintiff’s refusal to dip stock was admissible on question of punitive damages. Cook v. Waldrop, 160 Miss. 862, 133 So. 894, 1931 Miss. LEXIS 175 (Miss. 1931).

Where parties concerned with taking and detention of livestock for dipping acted in good faith in accordance with apparent rights under tick eradication statute, owner in replevin action could not recover punitive damages. Cook v. Waldrop, 160 Miss. 862, 133 So. 894, 1931 Miss. LEXIS 175 (Miss. 1931).

Under § 2 Ch. 221 Laws 1918, a former statute, a person impounding cattle infested with fever tick may cause tick eradication authorities to take charge of them as running at large although such cattle are in his pasture. Cooper v. Martin, 141 Miss. 756, 105 So. 740, 1925 Miss. LEXIS 191 (Miss. 1925).

Under § 1 Ch. 167 Laws 1916, a former statute, authorizing the appointment of persons to assist the county superintendent of tick eradication and their discharge by the board of supervisors, the latter cannot be compelled to discharge such persons by a writ of mandamus since the board has authority to exercise its discretion. State ex rel. Potter v. Board of Sup'rs, 133 Miss. 562, 98 So. 101, 1923 Miss. LEXIS 172 (Miss. 1923).

Under Ch. 221 Laws 1918, a former statute, undipped stock infested with ticks could not be seized on the public road in possession of the owner without a writ of seizure. Byrd v. Welch, 128 Miss. 839, 91 So. 568, 1922 Miss. LEXIS 173 (Miss. 1922).

Courts do not take judicial notice of rules and regulations of the live stock sanitary board, but they must be proven as municipal ordinances are required to be. Covington County v. Pickering, 123 Miss. 20, 85 So. 114, 1920 Miss. LEXIS 3 (Miss. 1920).

Chapter 221 Laws 1918, is supplementary to Ch. 167 Laws 1916 and does not repeal it. McMillan v. Live Stock Sanitary Board, 119 Miss. 500, 81 So. 169, 1919 Miss. LEXIS 27 (Miss. 1919), limited, Mississippi Live Stock Sanitary Bd. v. Williams, 133 Miss. 98, 97 So. 523, 1923 Miss. LEXIS 118 (Miss. 1923).

RESEARCH REFERENCES

ALR.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

CJS.

3B C.J.S., Animals §§ 127 et seq.

§ 69-15-319. Notice to be posted in certain cases.

Quarantines and dipping notices for cattle, horses, jacks, jennets and mules, the owner or owners of which cannot be found, shall be served by posting copy of such notice in not less than three public places within the county in community where stock were found, one of which shall be placed at the county court house. Such posting shall be due and legal notice.

HISTORY: Codes, 1930, § 5432; 1942, § 4855; Laws, 1926, ch. 265.

§ 69-15-321. Procedure when owner fails to dip.

Cattle, horses, jacks, jennets or mules infested with or exposed to the cattle tick (margaropus annulatus), in any county known to be partly or wholly infested with such tick, the owner or owners of which, after five days written notice from a livestock inspector, or such animals as are provided for under Section 69-15-319, shall fail or refuse to dip such animals at a time and place designated in such notice and regularly every 14 days thereafter until released, in a vat properly charged with arsenical solution, under the supervision of a livestock inspector, said cattle, horses, jacks, jennets or mules shall be dipped, quarantined and placed in the custody of the sheriff, by the livestock inspector. Suitably fenced areas for holding such cattle while in the custody of the sheriff shall be provided by the board of supervisors.

HISTORY: Codes, 1930, § 5433; 1942, § 4856; Laws, 1926, ch. 265.

JUDICIAL DECISIONS

1. In general.

Officers and agents of Livestock Sanitary Board are not authorized to seize stock for dipping under tick eradication statute without proper writ. Ainsworth v. Smith, 157 Miss. 202, 127 So. 771, 1930 Miss. LEXIS 277 (Miss. 1930); Cook v. Waldrop, 160 Miss. 862, 133 So. 894, 1931 Miss. LEXIS 175 (Miss. 1931).

Where parties concerned with taking and detention of livestock for dipping acted in good faith in accordance with apparent rights under tick eradication statute, owner in replevin action could not recover punitive damages. Cook v. Waldrop, 160 Miss. 862, 133 So. 894, 1931 Miss. LEXIS 175 (Miss. 1931).

In replevin action to recover possession of livestock, testimony showing sheriff acted in accordance with statute on plaintiff’s refusal to dip stock was admissible on question of punitive damages. Cook v. Waldrop, 160 Miss. 862, 133 So. 894, 1931 Miss. LEXIS 175 (Miss. 1931).

Owner’s failure to protest against invasion of premises to seize livestock for dipping does not constitute consent to invasion. Cook v. Waldrop, 160 Miss. 862, 133 So. 894, 1931 Miss. LEXIS 175 (Miss. 1931).

Dipping vat inspectors going on premises and taking mules in supposed performance of duties were not guilty of criminal trespass. Bacot v. State, 158 Miss. 258, 130 So. 282, 1930 Miss. LEXIS 41 (Miss. 1930).

RESEARCH REFERENCES

ALR.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

§ 69-15-323. Expenses incurred in enforcement to be lien on animal.

Any expense incurred in the enforcement of Section 69-15-321 or for feed, care and handling of such animals while undergoing the process of tick eradication, and any expense incurred in handling, dipping, confining, feeding or pasturing of any animals while in the custody of the sheriff shall constitute a lien upon such animal or animals to be paid by the owner or owners of the animals before the same are released by the sheriff. Should the owner or owners of cattle, horses, jacks, jennets and mules which have been placed in the custody of the sheriff as herein provided, fail or refuse to pay said expenses after five days’ notice, they shall be sold by the sheriff of the county after ten days advertising, either by notice at courthouse door and two other public places in the neighborhood of the place at which the animal was taken up, or in the newspaper published in the county having general circulation therein. The said advertisement shall state therein the time and place of sale, which place shall be where the animal is confined. The sale shall be at public auction and to the highest bidder, for cash. Out of the proceeds of the sale, the sheriff shall pay the cost of publishing the notices, costs of dipping, feeding and caring for the animals and the costs of sale which shall include $2.00 in the case of each sale, to said sheriff. The surplus, if any, shall be paid to the owner of the animal or animals, if he can be ascertained. If he cannot be ascertained within thirty days after such sale, then the sheriff shall pay such surplus to the county treasurer for benefit of the general fund of the county; provided, however, that if the owner of the animal or animals shall within three years after the fund is turned over to the county treasurer, as aforesaid, prove to the satisfaction of the board of supervisors of the county that he was the owner of such animals, upon the order of said board such surplus shall be refunded to the owner.

HISTORY: Codes, 1930, § 5434; 1942, § 4857; Laws, 1926, ch. 265.

§ 69-15-325. Driving and drifting from quarantined to free county.

Any person or persons, firm or corporation, driving, conveying, transporting or allowing to drift from any state or territory, into or through this state, or within this state from a quarantined county or area into a free county or area or into a county or area in which systematic tick eradication is in progress, animals infested with or exposed to the cattle fever tick (Margaropus annulatus) shall be deemed to be in violation of the animal health laws of this state and shall be subject to the provisions of Sections 69-15-53 through 69-15-69. Nothing herein shall apply to livestock shipped through a recognized disinfecting station and accompanied by a regulation permit covering the movement therefrom.

HISTORY: Codes, 1930, § 5436; 1942, § 4859; Laws, 1926, ch. 265; Laws, 1989, ch. 449, § 15, eff from and after passage (approved March 24, 1989).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

JUDICIAL DECISIONS

1. In general.

In prosecution for moving cattle from Louisiana to Mississippi, evidence that copies of necessary Federal certificates authorizing such movement were customarily mailed to Mississippi Livestock Board, and that secretary thereof had been unable to find copy of any certificate issued to defendant, was insufficient for jury in absence of proof of any law or regulation requiring Federal authorities to file copies of Federal certificates with Mississippi Livestock Board. Calhoun v. State, 172 Miss. 559, 161 So. 297, 1935 Miss. LEXIS 182 (Miss. 1935).

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 134-137.

§ 69-15-327. Duty of sheriff; penalty for failure to act.

It shall be the duty of the sheriff in any county in which the work of tick eradication is in progress, to render all livestock inspectors any assistance in the enforcement of this article and the regulations of the board of animal health. If the sheriff of any county shall neglect, fail or refuse to render this assistance when so required, he shall be guilty of a misdemeanor, and be punishable as in other cases of malfeasance or misfeasance in office.

HISTORY: Codes, 1930, § 5437; 1942, § 4860; Laws, 1926, ch. 265.

Cross References —

Duty of sheriff, generally, see §19-25-67.

§ 69-15-329. Destruction of vats.

Any person or persons who shall wilfully damage or destroy by any means, any vat erected, or in the process of being erected, as herein provided for tick eradication purposes, shall be guilty of a felony, and upon conviction shall be imprisoned not less than six months, or more than five years in the state prison.

HISTORY: Codes, 1930, § 5438; 1942, § 4861; Laws, 1926, ch. 265.

Article 9. Penalties.

§ 69-15-331. General penalty; injunction.

  1. Except as otherwise provided in the particular sections of this chapter, any person, firm or corporation violating any of the provisions of Articles 1, 3, 5 and 7 of this chapter, or any of the rules and regulations of the Board of Animal Health or interfering with any duly appointed officer of said board in the discharge of his duty, or for having discharged his duties, shall be subject to the provisions of Sections 69-15-53 through 69-15-69.
  2. When necessary to effect the purposes of this chapter, in addition to all other remedies in law or equity, the Commissioner of Agriculture and Commerce may and is hereby authorized to petition the chancery court for an injunction to prevent any violation of the provisions of this chapter, or the continuance of any such violation or to enforce compliance herewith. The chancery court is hereby vested with authority to entertain jurisdiction on any such petition to determine the cause and to issue such process as may be necessary to accomplish the purposes of this chapter.

HISTORY: Codes, 1930, § 5435; 1942, § 4858; Laws, 1926, ch. 265; Laws, 1962, ch. 166, § 3; Laws, 1981, ch. 418, § 1; Laws, 1989, ch. 449, § 16, eff from and after passage (approved March 24, 1989).

Cross References —

Administrative procedures to enforce rules and regulations of Board of Animal Health, see §§69-15-51 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Chapter 17. Livestock Biologics, Drugs and Vaccines

Article 1. Livestock Biologics and Drug Law.

§ 69-17-1. Citation of article.

This article shall be known and may be cited and referred to as the “Livestock Biologics and Drug Law of 1958.”

HISTORY: Codes, 1942, § 4862-01; Laws, 1958, ch. 152, § 1, eff from and after passage (approved May 2, 1958).

§ 69-17-3. Sale of biologics, drugs, etc., prohibited until approved by Board of Animal Health.

No person, firm or corporation shall sell or offer for sale any biologics, drugs, remedies, tonics, medicine or other health preparation in the State of Mississippi designed for or to be administered to any livestock, poultry or any other animals until same has been registered with and approved for distribution by the board of animal health as herein provided for. Nothing in this article shall be construed to prevent the sale of any antibiotics by any concern to farmers or livestock owners.

HISTORY: Codes, 1942, § 4862-02; Laws, 1958, ch. 152, § 2, eff from and after passage (approved May 2, 1958).

§ 69-17-5. Article not applicable where preparations are dispensed by a licensed veterinarian.

Nothing in this article shall apply to the dispensing of biologics, drugs, remedies, tonics, medicines or preparations hereinabove referred to by a licensed veterinarian if same is delivered by the licensed practitioner in the course of his professional practice or upon his prescription.

HISTORY: Codes, 1942, § 4862-06; Laws, 1958, ch. 152, § 6, eff from and after passage (approved May 2, 1958).

§ 69-17-7. Other exemptions.

Any biologics, drugs, remedies, tonics, medicine or other preparation hereinabove referred to which are licensed or which are authorized to be sold under and in accordance with the Public Health Service Act of July 1, 1944 (58 Stat. 682; 42 U.S.C. Supp. V. 201 et seq.) or under the animal virus-serum-toxin law of March 4, 1913 (37 Stat. 832; 21 U.S.C. 151 et seq.) shall be exempt from the provisions of this article.

HISTORY: Codes, 1942, § 4862-07; Laws, 1958, ch. 152, § 7, eff from and after passage (approved May 2, 1958).

§ 69-17-9. Application for registration.

The application for registration shall be made in such form and contain such information as may be prescribed by the Board of Animal Health of the State of Mississippi and shall give in detail the composition of the preparation, the safety of its use, recommendations and directions for use, claims of effectiveness and proof of all claims, and shall include an official product label and any other evidence which the said board considers necessary in determining eligibility of registration in compliance with this article.

HISTORY: Codes, 1942, § 4862-03; Laws, 1958, ch. 152, § 3, eff from and after passage (approved May 2, 1958).

§ 69-17-11. Rules and regulations.

The said Board of Animal Health is hereby authorized and directed to promulgate rules and regulations not inconsistent with this article, which may be necessary to its effective administration.

HISTORY: Codes, 1942, § 4862-04; Laws, 1958, ch. 152, § 4, eff from and after passage (approved May 2, 1958).

§ 69-17-13. Investigation and seizure of products.

The said Board of Animal Health and its authorized representatives shall have the right to inspect, investigate, sample and seize in accordance with lawful procedure any product covered by this article.

HISTORY: Codes, 1942, § 4862-05; Laws, 1958, ch. 152, § 5, eff from and after passage (approved May 2, 1958).

§ 69-17-15. Penalties.

Any person, firm or corporation violating any provision, or provisions, of this article shall have his registration rejected or revoked, and shall be guilty of a misdemeanor and upon conviction thereof, in addition to the foregoing, may be fined not to exceed One Hundred Dollars ($100.00) or imprisoned in jail not exceeding thirty days, either or both.

HISTORY: Codes, 1942, § 4862-08; Laws, 1958, ch. 152, § 8, eff from and after passage (approved May 2, 1958).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Article 3. Tranquilizers or Drugs for Livestock.

§ 69-17-101. Registration of certain instruments.

Every person, except a bona fide merchant, who owns or possesses an instrument designed to project a tranquilizer or drug by means of compressed gas, explosion, or by mechanical means, into livestock for the purpose of rendering the animal docile, by whatever name known, shall register same within thirty days with the commissioner of public safety on forms to be provided by him. Any person hereafter coming into possession of or owning such instrument shall immediately register same with the commissioner of public safety. The commissioner shall make forms available to the general public at all Mississippi Highway Safety Patrol substations.

HISTORY: Codes, 1942, § 4904-01; Laws, 1962, ch. 167, eff from and after passage (approved April 30, 1962).

Cross References —

Enforcement of laws concerning theft of cattle, see §69-29-1.

§ 69-17-103. Register of drugs dispensed.

Any person selling or dispensing tranquilizers or drugs manufactured for injection into livestock by means of an instrument identified in Section 69-17-101 for the purpose of rendering livestock docile, shall maintain a register wherein he shall enter the date such drug is sold or dispensed, the name and address of the purchaser or receiver, and the identity and quantity of said drug.

HISTORY: Codes, 1942, § 4904-01; Laws, 1962, ch. 167, eff from and after passage (approved April 30, 1962).

§ 69-17-105. Inspection of drugs dispensed register.

Any sheriff, constable, police officer, highway patrolman, or special investigator authorized under the provisions of Section 69-29-1, Mississippi Code of 1972, shall have the power to inspect the register of drugs dispensed required to be maintained by this article at a reasonable time during normal business hours of the dispenser or vendor thereof.

HISTORY: Codes, 1942, § 4904-01; Laws, 1962, ch. 167, eff from and after passage (approved April 30, 1962).

§ 69-17-107. Penalties.

Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment.

HISTORY: Codes, 1942, § 4904-01; Laws, 1962, ch. 167, eff from and after passage (approved April 30, 1962).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Article 5. Hog Cholera Virus.

§ 69-17-201. Restriction on possession, sale or other disposition of virus; penalty.

  1. It shall be unlawful for any person, firm, corporation or association to have in possession or keep, sell or offer for sale, barter, exchange, give away or otherwise dispose of hog cholera virus, except at Mississippi State University of Agriculture and Applied Science and under the supervision of a licensed veterinarian and with a special written permit issued by the board of animal health. “Hog cholera virus” means an unattenuated virus administered to swine for the purpose of immunizing such swine from the disease known as hog cholera.
  2. Any person, firm, corporation or association violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00).

HISTORY: Codes, 1930, § 5440; 1942, § 4863; Laws, 1928, ch. 50; Laws, 1932, ch. 264; Laws, 1954, ch. 150, §§ 1, 2, eff July 1, 1954.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Chapter 19. Regulation of Professional Services

§ 69-19-1. Commissioner of Agriculture and Commerce to regulate.

The Commissioner of Agriculture and Commerce shall have the power to make rules and regulations to govern the qualifications and the practicing of persons engaged in the professional services herein defined and to prevent fraudulent practices in the said professional services. No such rule or regulation shall be effective unless and until the same shall have been approved by the advisory board created under the provisions of Section 69-25-3, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 5006; Laws, 1938, ch. 171; Laws, 1971, ch. 476, § 1, eff from and after July 1, 1971.

Cross References —

Pesticide application law, see §§69-23-101 et seq.

State Entomologist, or designee, as reviewing officer with respect to alleged violation of provisions of this chapter, see §69-25-51.

JUDICIAL DECISIONS

1. In general.

Rule of plant board requiring that contracts between persons licensed to engage in the profession of eliminating termites from wooden buildings to provide for absolute eradication is unreasonable, where the proof is overwhelming that it is a practical impossibility in all cases to eradicate termites on the first treatment, and that it sometimes requires repeated treatments to do so. State ex rel. Corley v. Hines, 203 Miss. 60, 33 So. 2d 317, 1948 Miss. LEXIS 232 (Miss. 1948).

OPINIONS OF THE ATTORNEY GENERAL

The Department of Agriculture does not have the authority to create a new license category without legislative approval. While Section 69-19-5(d) and Section 69-19-1 et seq. provide for a license for tree surgery work, the statutes do not provide for a license for a tree removal specialist only. McCarty, February 23, 1995, A.G. Op. #95-0108.

Section 69-19-1 et seq. does not require the commissioner to listen to objections of licensed tree surgeons to the licensing of other tree surgeons; however, he may in his administrative discretion listen to those objections presented either orally or in writing. McCarty, February 23, 1995, A.G. Op. #95-0108.

The regulation that contracts between pest control operators and their customers be in writing can be necessarily implied from the authority of the Department of Agriculture and Commerce to prevent fraudulent practices in the pest control profession; however, it cannot be logically implied from the pest control statutes that the department must approve the contracts used by all pest control operators in the state. Spell, November 6, 1998, A.G. Op. #98-0604.

Absent specific statutory authority, there exists no responsibility on the part of a city to enforce any state licensing requirement, including those for landscape contractors. Clark, Mar. 15, 2002, A.G. Op. #02-0104.

§ 69-19-3. Persons subject; exceptions.

This chapter shall apply only to persons soliciting work and engaged in the work defined in this chapter as a profession; but in no event shall it be construed so as to apply to any person employed by the owners or others in possession of property to work under his supervision in grafting, spraying, dusting cotton or any such work.

HISTORY: Codes, 1942, § 5011; Laws, 1938, ch. 171; Laws, 1971, ch. 476, § 6, eff from and after July 1, 1971.

§ 69-19-5. Definitions.

Professional services are defined as follows:

Entomological work. Receiving fees for advice or prescriptions for the control or eradication of any insect pest or rodent. Receiving fees for actual spraying, dusting, fumigating or any other methods used for the control or eradication of any insect pest or rodent. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.

Plant pathological work. Receiving fees for advice or prescriptions for the control or eradication of any plant disease. Receiving fees for actual spraying or any other methods used for the control or eradication of any plant disease. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.

Horticultural and floricultural work. Receiving fees for landscaping and setting of plants or for the sale of any plants for which the seller contracts to render future services.

Tree surgery work. Advertising in a local phone book, newspaper, newsletter, bulletin or other prominently displayed sign as a licensed or bonded tree surgeon and receiving compensation for any work or consultation relative to the care, pruning, cabling, bracing, topping, trimming, fertilizing, cavity work and removal of ornamental trees and shrubs in any manner. Nothing shall prevent any person from performing such services as long as their advertising does not include the description licensed or bonded.

Weed control work. Receiving fees for advice or prescriptions for the control or eradication of any weed. Receiving fees for actual spraying or other methods used for the control or eradication of any plant which grows where not wanted. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.

Soil classifying work. Receiving compensation for plotting the boundaries of soil and describing and evaluating the kinds of soil as to their behavior and response to management under various uses.

HISTORY: Codes, 1942, § 5007; Laws, 1938, ch. 171; Laws, 1971, ch. 476, § 2; Laws, 1972, ch. 378, § 1; Laws, 1979, ch. 338, § 1; Laws, 1993, ch. 414, § 1; Laws, 1995, ch. 591, § 1, eff from and after passage (approved April 7, 1995).

Cross References —

Fidelity bond required for horticultural, floricultural, and soil classifying work as defined in this section, see §69-19-9.

OPINIONS OF THE ATTORNEY GENERAL

Pursuant to Section 69-19-5 a person who is paid for his or her services to remove ornamental trees and shrubs is required to be licensed as a tree surgeon. McCarty, February 23, 1995, A.G. Op. #95-0108.

The Department of Agriculture does not have the authority to create a new license category without legislative approval. While Section 69-19-5(d) and Section 69-19-1 et seq. provide for a license for tree surgery work, the statutes do not provide for a license for a tree removal specialist only. McCarty, February 23, 1995, A.G. Op. #95-0108.

The regulation that contracts between pest control operators and their customers be in writing can be necessarily implied from the authority of the Department of Agriculture and Commerce to prevent fraudulent practices in the pest control profession; however, it cannot be logically implied from the pest control statutes that the department must approve the contracts used by all pest control operators in the state. Spell, November 6, 1998, A.G. Op. #98-0604.

§ 69-19-7. Person defined.

For the purpose of this chapter the word “person” shall be construed to mean an individual, a partnership, or a corporation.

HISTORY: Codes, 1942, § 5008; Laws, 1938, ch. 171; Laws, 1971, ch. 476, § 3, eff from and after July 1, 1971.

§ 69-19-9. License; bond; proof of insurance.

  1. Any person desiring to engage in professional services or work as herein defined shall obtain from the Commissioner of Agriculture and Commerce a license to engage in such professional work, and the application for such license shall be in writing and on such blank forms as may be required. No fee shall be required for the license. The Commissioner of Agriculture and Commerce shall require applicants to submit statements as to training and experience in professional practice and may further require applicants to pass such tests or examinations as the commissioner may prescribe. The Commissioner of Agriculture and Commerce may require an applicant to furnish a surety bond satisfactory to him and conditioned so that the principal therein named shall conduct honestly such business in accordance with the laws and regulations of this state and shall faithfully perform all his professional service contracts. In no case shall a bond exceeding Ten Thousand Dollars ($10,000.00) be required. A copy of the bond, duly certified by the Commissioner of Agriculture and Commerce or his agent, the State Entomologist, shall be received as evidence in all of the courts of this state without further proof. Any bond issued before the effective date of this chapter shall be deemed to be effective until the expiration date stated thereon. Any person having a right of action against such person may bring suit against the principal and sureties of such bond. Should the surety furnished become unsatisfactory, such person shall execute a new bond, and should he fail to do so, it shall be the duty of the Commissioner of Agriculture and Commerce or his agent, the State Entomologist, to cancel his license and give him notice of such fact, and it shall be unlawful thereafter for such person to engage in such business without obtaining a new license.
  2. In addition to the requirements of subsection (1) of this section, the Commissioner of Agriculture and Commerce, with the approval of the Advisory Board to the Bureau of Plant Industry, may require persons providing professional services as defined in this chapter to provide satisfactory proof of insurance for personal injury and property damage incurred as a result of the negligent or careless provision of such services, including coverage for errors and omissions. Such insurance shall be in an amount determined by the advisory board, but shall not exceed Two Hundred Thousand Dollars ($200,000.00). Such insurance shall be in effect before a person may offer such professional services to the general public. Notice of cancellation or failure to renew such insurance shall be provided to the advisory board by the persons offering such professional services. The license to engage in such professional work shall be revoked if proof of insurance is not provided to the advisory board by the licensee within thirty (30) days of the notice of cancellation or failure to renew such insurance.
  3. For horticultural and floricultural work and soil classifying work, as defined in Section 69-19-5, such surety bond which may be required shall be in an amount not to exceed One Thousand Two Hundred Fifty Dollars ($1,250.00) and such insurance which may be required shall be in an amount not to exceed One Hundred Thousand Dollars ($100,000.00).
  4. No such bond and insurance shall be required from any person providing professional services as defined in this chapter if the Commissioner of Insurance certifies that such bond and insurance is not available to such person.

HISTORY: Codes, 1942, § 5009; Laws, 1938, ch. 171; Laws, 1971, ch. 476, § 4; Laws, 1992, ch. 474, § 9; Laws, 2006, ch. 427, § 1, eff from and after July 1, 2006.

Amendment Notes —

The 2006 amendment rewrote the present fourth and fifth sentences in (1); substituted “proof of insurance for personal injury and property damage incurred as a result of the negligent or careless provision of such services, including coverage for errors and omissions” for “proof of insurance against negligent or careless provision of such services” at the end of the first sentence in (2); and substituted “such surety bond” for “such fidelity bond” following “Section 69-19-5” in (3).

Cross References —

Exemption of person licensed under this section from licensing provisions of the Pesticide Application Law, see §69-23-119.

JUDICIAL DECISIONS

1. In general.

One who conducts business of termite eradication and control in this state must first obtain license from state plant board under provisions of this section. Condon v. Snipes, 205 Miss. 306, 38 So. 2d 752, 1949 Miss. LEXIS 433 (Miss. 1949).

OPINIONS OF THE ATTORNEY GENERAL

Pursuant to Section 69-19-9 a person who is paid for his or her services to remove ornamental trees and shrubs is required to be licensed as a tree surgeon. McCarty, February 23, 1995, A.G. Op. #95-0108.

There is no statute which prohibits a person who has practiced tree surgery without a license in the past from now obtaining a license to practice tree surgery. However, under Section 69-19-9 the commissioner may require applicants for a tree surgery license to submit statements as to training and experience. McCarty, February 23, 1995, A.G. Op. #95-0108.

§ 69-19-11. Repealed.

Repealed by Laws of 1997, ch. 449, § 5, eff from and after passage (approved March 25, 1997).

[Codes, 1942, § 5010; Laws, 1938, ch. 171; Laws, 1971, ch. 476, § 5.]

Editor’s Notes —

Former §69-19-11 provided for penalties for violations of licensing of professional services. For current provisions affecting penalties for engaging in certain professional services without a license, see §69-19-15.

§ 69-19-13. Waiver of provisions of chapter in cases of natural disaster.

The Bureau of Plant Industry, Department of Agriculture and Commerce, in cases of natural disaster, may waive any and all provisions of this chapter.

HISTORY: Laws, 1995, ch. 591, § 2, eff from and after passage (approved April 7, 1995).

§ 69-19-15. Penalties.

    1. Any person violating this chapter or the rules and regulations issued under this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment for not more than one (1) year, or by both such fine and imprisonment at the discretion of the court having jurisdiction.
    2. Each violation and each day’s violation shall constitute a separate offense.
    3. Any person violating this chapter or the rules and regulations issued under this chapter in such a way that causes harm or poses a threat to man, animals or the environment is guilty of a felony and, upon conviction, shall be punished by a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by imprisonment in the State Penitentiary for a term of not more than twenty (20) years or by both such fine and imprisonment for each violation.
  1. Each violation of this chapter or the applicable rules and regulations shall subject the violator to administrative action as provided for in Sections 69-25-51 through 69-25-63.

HISTORY: Laws, 1997, ch. 449, § 3 eff from and after passage (approved March 25, 1997); Laws, 2005, ch. 533, § 7, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment deleted “any of the provisions of” following “Any person violating” in (1)(a) and (1)(c); substituted “issued under this chapter” for “made by the commissioner pursuant therto at a minimum” following “rules and regulations in (1)(a) and (1)(c); and rewrote (2).

Cross References —

State Entomologist, or designee, as reviewing officer with respect to alleged violation of provisions of this chapter, see §69-25-51.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Chapter 21. Crop Spraying and Licensing of Aerial Applicators

Article 1. Regulation of Crop Spraying by Aircraft.

§§ 69-21-1 through 69-21-27. Repealed.

Repealed by Laws of 2009, ch. 515, § 18, effective from and after passage April 8, 2009.

§69-21-1. [Codes, 1942, § 5000-21; Laws, 1952, ch. 169, § 1; Laws, 1971, ch. 475, § 1, eff from and after July 1, 1971.]

§69-21-3. [Codes, 1942, § 5000-28; Laws, 1952, ch. 169, § 8, eff from and after passage (approved April 16, 1952).]

§69-21-5. [Codes, 1942, § 5000-22; Laws, 1952, ch. 169, § 2; Laws, 1971, ch. 475, § 2; Laws, 2005, ch. 533, § 8, eff from and after July 1, 2005.]

§69-21-7. [Codes, 1942, § 5000-23; Laws, 1952, ch. 169, § 3; Laws, 1962, ch. 171, § 1; Laws, 1971, ch. 475, § 3; Laws, 1992, ch. 496, § 34; Laws, 1998, ch. 385, § 1; Laws, 2005, ch. 533, § 9, eff from and after July 1, 2005.]

§69-21-9. [Codes, 1942, § 5000-23; Laws, 1952, ch. 169, § 3; Laws, 1962, ch. 171, § 1; Laws, 1971, ch. 475, § 3; Laws, 2005, ch. 533, § 10, eff from and after July 1, 2005.]

§69-21-11. [Codes, 1942, § 5000-23; Laws, 1952, ch. 169, § 3; Laws, 1962, ch. 171, § 1; Laws, 1971, ch. 475, § 3, eff from and after July 1, 1971.]

§69-21-13. [Codes, 1942, § 5000-23; Laws, 1952, ch. 169, § 3; Laws, 1962, ch. 171, § 1; Laws, 1971, ch. 475, § 3; Laws, 2005, ch. 533, § 11, eff from and after July 1, 2005.]

§69-21-15. [Codes, 1942, § 5000-23; Laws, 1952, ch. 169, § 3; Laws, 1962, ch. 171, § 1; Laws, 1971, ch. 475, § 3, eff from and after July 1, 1971.]

§69-21-17. [Codes, 1942, § 5000-25; Laws, 1952, ch. 169, § 5; Laws, 1971, ch. 475, § 5, eff from and after July 1, 1971.]

§69-21-19. [Codes, 1942, § 5000-24; Laws, 1952, ch. 169, § 4; Laws, 1971, ch. 475, § 4, eff from and after July 1, 1971.]

§69-21-21. [Codes, 1942, § 5000-26; Laws, 1952, ch. 169, § 6; Laws, 1971, ch. 475, § 6, eff from and after July 1, 1971.]

§69-21-23. [Codes, 1942, § 5000-30; Laws, 1952, ch. 169, § 10; Laws, 1971, ch. 475, § 8, eff from and after July 1, 1971.]

§69-21-25. [Codes, 1942, § 5000-29; Laws, 1952, ch. 169, § 9; Laws, 1971, ch. 475, § 7; Laws, 2005, ch. 533, § 12, eff from and after July 1, 2005.]

§69-21-27. [Codes, 1942, § 5000-27; Laws, 1952, ch. 169, § 7, eff from and after passage (approved April 16, 1952).]

Editor’s Notes —

Former §69-21-1 stated that the purpose of Article 1 of this chapter was to regulate the application of any hormone-type herbicide applied by aircraft. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-3 provided that Article 1 of this chapter did not apply to manual application of herbicides. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-5 provided definitions of terms used in Article 1 of this chapter. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-7 provided that persons could not apply hormone-type herbicides by aircraft without a license. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-9 related to the suspension, revocation or modification of licenses. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-11 related to appointment of secretary of state as agent for process by nonresident applicants and license without examination under certain circumstances for nonresidents. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-13 related to the requirement that permit holder furnish security and actions for damages. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-15 related to allegations and proof in action for damages. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-17 related to certain records and reports to be maintained and furnished. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-19 related to the regulation of materials or methods in application of hormone-type herbicides. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-21 authorized the commissioner to make rules and regulations and establish minimum standards. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-23 related to cooperation with the state or federal government to carry out provisions of article. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-25 related to enforcement provisions. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Former §69-21-27 provided penalties for violations of the article. For present similar provisions relating to aerial application of pesticides, poisons, seeds, fertilizer and chemicals, see §§69-21-101 et seq.

Article 3. Agriculture Aviation Licensing Law.

§ 69-21-101. Title of article.

This article shall be known and cited as the “Agricultural Aviation Licensing Law of 2009.”

HISTORY: Codes, 1942, § 5011-01; Laws, 1966, ch. 239, § 1; reenacted, Laws, 1983, ch. 304, § 1; reenacted, Laws, 1991, ch. 391, § 1; reenacted without change, Laws, 1996, ch. 447, § 1; reenacted without change, Laws, 1997, ch. 468, § 1; Laws, 2002, ch. 301, § 1; reenacted without change, Laws, 2004, ch. 514, § 1; reenacted without change, Laws, 2006, ch. 494, § 1; reenacted , Laws, 2009, ch. 515, § 1, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

Laws of 1999, ch. 387, § 14, provides:

“SECTION 14. Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, which create the State Board of Agricultural Aviation and prescribe its duties and powers, shall stand repealed on December 31, 2004.”

This section was repealed by operation of law, effective June 30, 2008, and was reenacted by Laws of 2009, ch. 515, § 1, effective from and after April 8, 2009.

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2009 amendment reenacted and made changes to the section by substituting “Law of 2009” for “Law of 2002.”

Cross References —

Pesticide Application Law, see §§69-23-101 et seq.

Federal Aspects—

Commercial aerial application regulation program created under the Federal Insecticide, Fungicide and Redenticide Act, see 7 USCS §§ 136 through 136y.

OPINIONS OF THE ATTORNEY GENERAL

The Board of Agricultural Aviation has authority over the aerial application of chemicals and pesticides in Mississippi, except for the aerial application of hormone-type herbicides, which fall under the jurisdiction of the Agriculture Department. Chisolm, July 16, 2004, A.G. Op. 04-0281.

RESEARCH REFERENCES

ALR.

Anticompetitive covenants: aerial spray dust business. 60 A.L.R.4th 965.

Law Reviews.

Ogletree, A primer concerning industrial timber litigation with emphasis upon Mississippi law. 59 Miss. L. J. 387, Fall 1989.

§ 69-21-103. Declaration of purpose.

The purpose of this article is to supervise and regulate for the public good all commercial aerial application within the State of Mississippi, to establish and promote a close working relationship between the agricultural aviation industry and the Mississippi Department of Agriculture and Commerce, and to regulate the licensing of all persons, including pilots, engaged in the aerial application of pesticides, poisons, seeds, fertilizer and chemicals and to require the registration of all commercial agricultural aircraft.

HISTORY: Codes, 1942, § 5011-02; Laws, 1966, ch. 239, § 2; Laws, 1972, ch. 369, § 8; Laws, 1980, ch. 482, § 1; reenacted, Laws, 1983, ch. 304, § 2; reenacted, Laws, 1991, ch. 391, § 2; Laws, 1991, ch. 530, § 10; reenacted without change, Laws, 1996, ch. 447, § 2; reenacted without change, Laws, 1997, ch. 468, § 2; Laws, 2002, ch. 301, § 2; reenacted without change, Laws, 2004, ch. 514, § 2; reenacted without change, Laws, 2006, ch. 494, § 2; reenacted, Laws, 2009, ch. 515, § 2, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

Laws of 1999, ch. 387, § 14, provides:

“SECTION 14. Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, which create the State Board of Agricultural Aviation and prescribe its duties and powers, shall stand repealed on December 31, 2004.”

This section was repealed by operation of law, effective June 30, 2008, and was reenacted by Laws of 2009, ch. 515, § 1, effective from and after April 8, 2009.

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2009 amendment reenacted and rewrote the section.

Cross References —

Administrative hearing procedure to enforce rules and regulations of Board of Agricultural Aviation, see §§69-21-151 et seq.

Federal Aspects—

Commercial aerial application regulation program created under the Federal Insecticide, Fungicide and Rodenticide Act, see 7 USCS §§ 136 through 136y.

§ 69-21-105. Definitions.

As used in this article, the following terms shall have the meanings hereinafter ascribed to them:

“Aerial application” means the practice of engaging in agricultural aircraft operations.

“Agricultural aircraft operation” means:

Dispensing any pesticide, seed, poison, chemical or fertilizer by aircraft;

Dispensing any other substance intended for plant nourishment, soil treatment, propagation of plant life or pest control by aircraft; or

Engaging in dispensing activities directly affecting agriculture, horticulture or forest preservation by aircraft.

“Agricultural substance” means any seed, fertilizer or pesticide that is used, applied, sprayed or administered in an agricultural, horticultural or forestry setting.

“Aircraft” means any contrivance now known or hereafter invented that is used or designed for navigation of or flight in the air over land and water, and that is designed for or adaptable for use in agricultural aircraft operation.

“Applicator” means any person, as defined in this section, who is licensed under this article to engage in the business of agricultural aircraft operations; who may or may not be a pilot.

“Commissioner” means the Commissioner of the Mississippi Department of Agriculture and Commerce.

“Defoliant” means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

“Department” means the Mississippi Department of Agriculture and Commerce.

“Desiccant” means any substances or mixtures of substances intended for artificially accelerating the drying of plant tissues.

“Insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the Class Insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs and flies; and to other classes of arthropods whose members are wingless and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes and wood lice.

“Person” shall mean any individual, corporation, firm, partnership, company, trust, association or other legal entity.

“Pesticide” means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting any pests; and shall also include adjuvants intended to enhance the effectiveness of pesticides; and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

“Pilot” means the operator of an aircraft used in agricultural aircraft operation; however, a pilot may also be a person who is licensed as an applicator under the provisions of this article.

HISTORY: Codes, 1942, § 5011-03; Laws, 1966, ch. 239, § 3; Laws, 1980, ch. 482, § 2; reenacted, Laws, 1983, ch. 304, § 3; reenacted, Laws, 1991, ch. 391, § 3; reenacted without change, Laws, 1996, ch. 447, § 3; reenacted without change, Laws, 1997, ch. 468, § 3; Laws, 2002, ch. 301, § 3; reenacted without change, Laws, 2004, ch. 514, § 3; reenacted without change, Laws, 2006, ch. 494, § 3; reenacted, Laws, 2009, ch. 515, § 3, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

Laws of 1999, ch. 387, § 14, provides:

“SECTION 14. Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, which create the State Board of Agricultural Aviation and prescribe its duties and powers, shall stand repealed as of December 31, 2004.”

This section was repealed by operation of law, effective June 30, 2008, and was reenacted by Laws of 2009, ch. 515, § 3, effective from and after April 8, 2009.

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2009 amendment reenacted and rewrote the section.

Cross References —

Administrative hearing procedure to enforce rules and regulations of Board of Agricultural Aviation, see §§69-21-151 et seq.

RESEARCH REFERENCES

Law Reviews.

Ogletree, A primer concerning industrial timber litigation with emphasis upon Mississippi law. 59 Miss. L. J. 387, Fall 1989.

§ 69-21-107. Repealed.

Repealed by operation of law, effective June 30, 2008, by former Section 69-21-127.

§69-21-107. [Codes, 1942, § 5011-04; Laws, 1966, ch. 239, § 4; Laws, 1972, ch. 369, § 9; Laws, 1980, ch. 482, § 3; ch. 560, § 26; reenacted and amended, Laws, 1983, ch. 304, § 4; reenacted, Laws, 1991, ch. 391, § 4; Laws, 1991, ch. 530, § 11; reenacted without change, Laws, 1996, ch. 447, § 4; reenacted without change, Laws, 1997, ch. 468, § 4; Laws, 2002, ch. 301, § 4; reenacted without change, Laws, 2004, ch. 514, § 4; reenacted without change, Laws, 2006, ch. 494, § 4, eff from and after passage (approved Mar. 27, 2006.)]

Cross References —

Traveling expenses of state officers and employees, generally, see §25-3-41.

Provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

§ 69-21-109. Powers and duties of department.

  1. The department may adopt any rules and regulations as may be necessary or desirable to implement the provisions of this article, to control and regulate the aerial application of agricultural substances in this state, and to restrict the use of any agricultural substances that create hazards to the health, safety and welfare of the citizens of Mississippi. The department shall establish by regulation professional standards for applicators and pilots in the interest of the safety, welfare and general well-being of the citizens of Mississippi and for the protection of the state’s fish and wildlife, air, water and soil. No rule or regulation adopted under the terms of this article shall be effective unless it has first been submitted to and approved by the Advisory Board of the Bureau of Plant Industry, a division of the department, established in Section 69-25-3.
  2. The department is authorized to procure samples of agricultural substances before and after they are mixed for testing purposes.
  3. The department is authorized to maintain an office and employ necessary personnel within its budget to carry out the purposes of this article.
  4. It shall be the duty of the department and the department shall have the authority, to enforce this article and all rules and regulations made and adopted in compliance with this article. The department shall not have jurisdiction to determine liability between private parties.
  5. The department’s representatives shall have the authority to enter into any premises where there is reason to believe that an agricultural substance is being or has been applied by a pilot or any applicator’s office or place of operations or where he is preparing to apply any of the materials herein stated, for the purpose of enforcement of this article.The department shall have authority to inspect all aircraft and equipment found on the premises, to take samples of any agricultural substances and to inspect and copy any records found on the premises.
  6. The department may cooperate with or enter into formal cooperative agreements with any public or private agency or educational institution of this state or any other state or federal agency for the purpose of carrying out the provisions of this article.

HISTORY: Codes, 1942, § 5011-05; Laws, 1966, ch. 239, § 5; Laws, 1972, ch. 369, § 10; Laws, 1980, ch. 482, § 4; reenacted, Laws, 1983, ch. 304, § 5; reenacted, Laws, 1991, ch. 391, § 5; Laws, 1991, ch. 530, § 12; Laws, 1992, ch. 496, § 35; reenacted without change, Laws, 1996, ch. 447, § 5; reenacted without change, Laws, 1997, ch. 468, § 5; Laws, 2002, ch. 301, § 5; reenacted without change, Laws, 2004, ch. 514, § 5; reenacted without change, Laws, 2006, ch. 494, § 5; reenacted, Laws, 2009, ch. 515, § 4, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

Laws of 1999, ch. 387, § 14, provides:

“SECTION 14. Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, which create the State Board of Agricultural Aviation and prescribe its duties and powers, shall stand repealed as of December 31, 2004.”

This section was repealed by operation of law, effective June 30, 2008, and was reenacted by Laws of 2009, ch. 515, § 4, effective from and after April 8, 2009.

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2009 amendment reenacted and rewrote the section.

OPINIONS OF THE ATTORNEY GENERAL

The Board of Agricultural Aviation has authority over the aerial application of chemicals and pesticides in Mississippi, except for the aerial application of hormone-type herbicides, which fall under the jurisdiction of the Agriculture Department. Chisolm, July 16, 2004, A.G. Op. 04-0281.

RESEARCH REFERENCES

Law Reviews.

Ogletree, A primer concerning industrial timber litigation with emphasis upon Mississippi law. 59 Miss. L. J. 387, Fall 1989.

§ 69-21-111. Repealed.

Repealed by operation of law, effective June 30, 2008, by former Section 69-21-127.

§69-21-111. [Codes, 1942, § 5011-08; Laws, 1966, ch. 239, § 8; Laws, 1972, ch. 369, § 11; reenacted, Laws, 1983, ch. 304, § 6; reenacted, Laws, 1991, ch. 391, § 6; Laws, 1991, ch. 530, § 13; reenacted without change, Laws, 1996, ch. 447, § 6; reenacted without change, Laws, 1997, ch. 468, § 6; reenacted without change, Laws, 1999, ch. 387, § 6; reenacted without change, Laws, 2006, ch. 494, § 6, eff from and after passage (approved Mar. 27, 2006.)]

Editor’s Notes —

Laws, 1999, ch. 387, § 14, provides:

“SECTION 14. Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, which create the State Board of Agricultural Aviation and prescribe its duties and powers, shall stand repealed as of December 31, 2004.”

§ 69-21-113. Licensing of applicators and pilots; application; renewal.

  1. There shall be a license for an applicator and a separate and distinct license for a pilot. It is unlawful for any person to act, operate or do business as an applicator or pilot, or to engage in agricultural aircraft operations, unless that person has the appropriate applicator’s or pilot’s license issued by the department. Applicator’s or pilot’s licenses shall only be issued upon application to the department, payment of application fees and meeting any other requirements set by regulation or law. The application shall contain information regarding the applicant’s qualifications and proposed operations, and any other information as may be specified by the department. All applicants for a pilot’s license must have appropriate Federal Aviation Administration certification.
  2. Applicator’s and pilot’s licenses are not transferable. Licenses shall be effective for the period prescribed by regulation of the department.Any licensee wishing to have a license renewed must submit an application for renewal with the department at least thirty (30) days before the expiration of the license.If the applicant submits a timely and complete application for renewal, and the department, through no fault of the applicant, fails to reissue the license on or before the expiration date of the existing license, the existing license shall remain in effect until final action on the renewal application is taken by the department.Licenses are subject to modification, revocation or suspension for cause at any time during the effective dates of the license, subject to constitutional requirements.
  3. Any person seeking to obtain a license as an applicator in this state shall submit with his application proof of payment of all ad valorem and other taxes that may be applicable on the applicant’s aircraft and other equipment.
  4. All persons licensed under this article shall be known as registered applicators or pilots, and shall be issued a certificate by the department as proof of registration.

HISTORY: Codes, 1942, § 5011-06; Laws, 1966, ch. 239, § 6; Laws, 1980, ch. 482, § 5; reenacted, Laws, 1983, ch. 304, § 7; reenacted, Laws, 1991, ch. 391, § 7; reenacted without change, Laws, 1996, ch. 447, § 7; reenacted without change, Laws, 1997, ch. 468, § 7; Laws, 2002, ch. 301, § 6; reenacted without change, Laws, 2004, ch. 514, § 6; reenacted without change, Laws, 2006, ch. 494, § 7; reenacted, Laws, 2009, ch. 515, § 5, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

Laws of 1999, ch. 387, § 14, provides:

“SECTION 14. Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, which create the State Board of Agricultural Aviation and prescribe its duties and powers, shall stand repealed as of December 31, 2004.”

This section was repealed by operation of law, effective June 30, 2008, and was reenacted by Laws of 2009, ch. 515, § 5, effective from and after April 8, 2009.

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2009 amendment reenacted and rewrote the section.

Cross References —

Exemption of aircraft regulated by the Agricultural Aviation Board of the State of Mississippi from registration requirements, see §61-15-5.

Administrative hearing procedure to enforce rules and regulations of Board of Agricultural Aviation, see §§69-21-151 et seq.

OPINIONS OF THE ATTORNEY GENERAL

If an applicators license was issued to the individual, the license remains valid upon the sale of the agricultural aircraft operation business. Provine, July 28, 2006, A.G. Op. 06-0328.

§ 69-21-115. Financial responsibility.

Any person seeking to obtain a license as an applicator in this state shall submit proof of financial responsibility to the department, and upon obtaining a license, the person shall maintain proof of financial responsibility at all times while the license shall be in effect. Proof of financial responsibility shall be established by:

Depositing with the department a surety bond in favor of any person or persons who may suffer damage by reason of the operation of an aerial application service, issued by a corporate surety company authorized to do business in this state, which surety bond shall be in an amount not less than the amount of financial responsibility required by the rules and regulations of the department. However, the aggregate liability of the surety to all such persons shall not, in any event, exceed the amount of the bond; or

The filing of a general liability insurance policy issued by an insurance company authorized to do business in this state insuring the licensee and any of his agents against liability resulting from the operation of an agricultural aviation service, which insurance policy shall be in an amount deemed as acceptable to the department, as follows:

Not less than One Hundred Thousand Dollars ($100,000.00) for personal injury;

Not less than Three Hundred Thousand Dollars ($300,000.00) in the aggregate for multiple injuries; and

Not less than One Hundred Thousand Dollars ($100,000.00) for property damage.

The department shall establish by rules and regulations the amount of financial responsibility to be required of each licensed applicator, but in no event shall the amount of financial responsibility required be less than the amounts prescribed in paragraph (b) of this section.

HISTORY: Codes, 1942, § 5011-07; Laws, 1966, ch. 239, § 7; reenacted, Laws, 1983, ch. 304, § 8; reenacted, Laws, 1991, ch. 391, § 8; reenacted without change, Laws, 1996, ch. 447, § 8; reenacted without change, Laws, 1997, ch. 468, § 8; reenacted without change, Laws, 1999, ch. 387, § 8; reenacted without change, Laws, 2006, ch. 494, § 8; reenacted, Laws, 2009, ch. 515, § 6, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

Laws of 1999, ch. 387, § 14, provides:

“SECTION 14. Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, which create the State Board of Agricultural Aviation and prescribe its duties and powers, shall stand repealed as of December 31, 2004.”

This section was repealed by operation of law, effective June 30, 2008, and was reenacted by Laws of 2009, ch. 515, § 6, effective from and after April 8, 2009.

Amendment Notes —

The 2006 amendment reenacted the section without change.

The 2009 amendment reenacted and rewrote the section.

§ 69-21-117. Licensing of nonresident applicators and pilots; reciprocity with other states.

  1. Any person who is a nonresident of this state and who intends to perform agricultural aircraft operations in this state as an applicator or pilot shall obtain the appropriate applicator’s or pilot’s license under this article and comply with all the other licensing requirements for a resident licensee. Nonresident applicators shall also designate and maintain a resident agent in this state for service of process.
  2. Any person who is duly licensed as an agricultural aviation pilot in another state, whose requirements for licensure as an agricultural aviation pilot are at least equal to those of this state, may be granted an agricultural aviation pilot’s license by this state upon the submission of the required application, provided the laws of the state from which the applicant comes grant similar privileges to applicants from this state. The department is authorized to enter into a reciprocity agreement with any state meeting the qualifications of this subsection.

HISTORY: Codes, 1942, § 5011-09; Laws, 1966, ch. 239, § 9; reenacted, Laws, 1983, ch. 304, § 9; reenacted, Laws, 1991, ch. 391, § 9; reenacted without change, Laws, 1996, ch. 447, § 9; reenacted without change, Laws, 1997, ch. 468, § 9; Laws, 2002, ch. 301, § 7; reenacted without change, Laws, 2004, ch. 514, § 7; reenacted without change, Laws, 2006, ch. 494, § 9; reenacted, Laws, 2009, ch. 515, § 7, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

Laws of 1999, ch. 387, § 14 provides:

“SECTION 14. Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, which create the State Board of Agricultural Aviation and prescribe its duties and powers, shall stand repealed as of December 31, 2004.”

This section was repealed by operation of law, effective June 30, 2008, and was reenacted by Laws of 2009, ch. 515, § 7, effective from and after April 8, 2009.

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2009 amendment reenacted and rewrote the section.

§ 69-21-119. Fees for licenses.

  1. A fee of not more than Five Hundred Dollars ($500.00) for each aircraft owned, operated, used and employed in aerial application by an applicator shall be paid to the department for the issuance or required renewal of a license for an applicator. Each aircraft shall be identified at all times by a device supplied to the registered applicator by the department.
  2. A fee of not more than Two Hundred Fifty Dollars ($250.00) for each pilot engaged in aerial application shall be paid to the department for the issuance or required renewal of a license for a pilot. Each pilot shall have in his possession at all times an identification card supplied by the department.
  3. All of the fees collected under this section shall be deposited in a special fund in the Treasury of the State of Mississippi and subject to appropriation by the Mississippi Legislature. The fees shall be used by the department for the administration and enforcement of this article.

HISTORY: Codes, 1942, § 5011-10; Laws, 1966, ch. 239, § 10; Laws, 1980, ch. 482, § 6; reenacted, Laws, 1983, ch. 304, § 10; reenacted, Laws, 1991, ch. 391, § 10; Laws, 1992, ch. 437, § 1; reenacted without change, Laws, 1996, ch. 447, § 10; reenacted without change, Laws, 1997, ch. 468, § 10; reenacted without change, Laws, 1999, ch. 387, § 10; Laws, 2000, ch. 329, § 1; Laws, 2002, ch. 301, § 8; reenacted without change, Laws, 2004, ch. 514, § 8; reenacted without change, Laws, 2006, ch. 494, § 10; reenacted, Laws, 2009, ch. 515, § 8, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

This section was repealed by operation of law, effective June 30, 2008, and was reenacted by Laws of 2009, ch. 515, § 8, effective from and after April 8, 2009.

Laws of 1999, ch. 387, § 14 provides:

“SECTION 14. Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, which create the State Board of Agricultural Aviation and prescribe its duties and powers, shall stand repealed as of December 31, 2004.”

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2009 amendment reenacted and made changes to the section by, in (1) and (2), substituting “department” for “board” everywhere it appears, and deleting “annual” preceding “renewal of a license” in the first sentences; and rewriting (3).

Cross References —

Examination of records of various boards generally, see §7-7-69.

Certification and licensing of aircraft and pilots in general, see §§61-11-1 et seq.

Exemption of aircraft regulated by the Agricultural Aviation Board of the State of Mississippi from registration requirements, see §61-15-5.

§ 69-21-121. Disciplinary action against licensee.

Any person found by the department to have violated any of the provisions of this article, any rule, regulation or written order of the department or any condition or limitation of a license issued by the department shall be subject to disciplinary action. Disciplinary matters shall be conducted as administrative proceedings under Sections 69-25-51 through 69-25-63. Any person found guilty of a violation shall be subject to the administrative or civil penalties as provided by Section 69-25-51.

HISTORY: Codes, 1942, § 5011-11; Laws, 1966, ch. 239, § 11; Laws, 1980, ch. 482, § 7; reenacted, Laws, 1983, ch. 304, § 11; reenacted, Laws, 1991, ch. 391, § 11; reenacted without change, Laws, 1996, ch. 447, § 11; reenacted without change, Laws, 1997, ch. 468, § 11; Laws, 2002, ch. 301, § 9; reenacted without change, Laws, 2004, ch. 514, § 9; reenacted without change, Laws, 2006, ch. 494, § 11; reenacted, Laws, 2009, ch. 515, § 9, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

This section was repealed by operation of law, effective June 30, 2008, and was reenacted by Laws of 2009, ch. 515, § 9, effective from and after April 8, 2009.

Laws of 1999, ch. 387, § 14 provides:

“SECTION 14. Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, which create the State Board of Agricultural Aviation and prescribe its duties and powers, shall stand repealed as of December 31, 2004.”

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2009 amendment reenacted and rewrote the section.

RESEARCH REFERENCES

ALR.

Revocation or suspension of airman’s license or certificate. 78 A.L.R.2d 1150.

§ 69-21-123. Repealed.

Repealed by operation of law, effective June 30, 2008, by former Section 69-21-127.

§69-21-123. [Codes, 1942, § 5011-13; Laws, 1966, ch. 239, § 13; Laws, 1972, ch. 369, § 12; Laws, 1980, ch. 482, § 8; reenacted, Laws, 1983, ch. 304, § 12; reenacted, Laws, 1991, ch. 391, § 12; Laws, 1991, ch. 530, § 14; reenacted without change, Laws, 1996, ch. 447, § 12; reenacted without change, Laws, 1997, ch. 468, § 12; reenacted without change, Laws, 1999, ch. 387, § 12; reenacted without change, Laws, 2006, ch. 494, § 12, eff from and after passage (approved Mar. 27, 2006.)]

Editor’s Notes —

Laws, 1999, ch. 387, § 14 provides:

“SECTION 14. Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, which create the State Board of Agricultural Aviation and prescribe its duties and powers, shall stand repealed as of December 31, 2004.”

JUDICIAL DECISIONS

1. In general.

Under substantial compliance rule, failure by injured person to give written notice to state Department of Agriculture, landowner or lessee of land, and applicator, will not be considered fatally defective to bringing negligence action for spray-drift from aerial application, so long as state Department of Agriculture is notified in writing in accordance with notice of claim limitations period for bringing action. Evans v. Boyle Flying Serv., 680 So. 2d 821, 1996 Miss. LEXIS 494 (Miss. 1996).

Notice pursuant to statute of limitations for bringing action for damages for negligent aerial application must be in writing where given to state Department of Agriculture, and should be in writing to others, but may be given orally to others. Evans v. Boyle Flying Serv., 680 So. 2d 821, 1996 Miss. LEXIS