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 494 (Miss. 1996).

Notice of claim limitation period for bringing negligence action arising from spray-drift from aerial application begins to run on date claimant knew or reasonably should have known of damage from spray; in event spray-drift damage is alleged to growing crops, notice must be given within 60 days form date claimant know or reasonably should have known of damage and prior to harvesting of 25% of allegedly damaged crop, whichever occurs first. Evans v. Boyle Flying Serv., 680 So. 2d 821, 1996 Miss. LEXIS 494 (Miss. 1996).

Notice of claim limitation period for bringing negligence action arising from spray-drift from aerial application began to run during time when property owners discovered that their trees were dying. Evans v. Boyle Flying Serv., 680 So. 2d 821, 1996 Miss. LEXIS 494 (Miss. 1996).

RESEARCH REFERENCES

ALR.

Liability for injury caused by spraying or dusting of crops. 37 A.L.R.3d 833.

Federal preemption of state common-law products liability claims pertaining to pesticides. 101 A.L.R. Fed. 887.

Am. Jur.

3 Am. Jur. 2d, Agriculture § 47.

9 Am. Jur. Proof of Facts 2d, Crop Duster’s Failure to Exercise Care in Spraying Crops, §§ 7 et seq. (proof of crop duster’s liability for negligence in spraying operations).

Law Reviews.

Ogletree, A primer concerning industrial timber litigation with emphasis upon Mississippi law. 59 Miss. L. J. 387, Fall 1989.

§ 69-21-125. Penalties for violations; injunctive relief to prevent violations.

  1. Violation of this article, the rules and regulations adopted by the department, a condition included in a license issued by the department or an order issued by the department shall be a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or by both fine and imprisonment.
  2. The department shall have the authority to file in any court of competent jurisdiction injunctive proceedings against any person violating the provisions of this article or the rules and regulations promulgated by the department for the administration and enforcement of this article.

HISTORY: Codes, 1942, § 5011-12; Laws, 1966, ch. 239, § 12; Laws, 1974, ch. 419; reenacted, Laws, 1983, ch. 304, § 13; reenacted, Laws, 1991, ch. 391, § 13; reenacted without change, Laws, 1996, ch. 447, § 13; reenacted without change, Laws, 1997, ch. 468, § 13; Laws, 2002, ch. 301, § 10; reenacted without change, Laws, 2004, ch. 514, § 10; reenacted without change, Laws, 2006, ch. 494, § 13; reenacted, Laws, 2009, ch. 515, § 10, eff from and after passage (approved Apr. 8, 2009.).

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”.

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, § 10, 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, in (1), substituting “department” for “board” everywhere it appears, deleting “not less than One Hundred Dollars ($100.00) and” preceding “not more than Five” and making a minor stylistic change; rewriting (2); and deleting former (3).

Cross References —

Administrative hearing procedure to enforce rules and regulations of Board of Agricultural Aviation, see §§69-21-151 et seq.

Penalty assessed by Board of Agricultural Aviation for violating rules and regulations, see §69-21-165.

Administrative hearing procedure for Bureau of Plant Industry not applicable to aerial applicators licensed under Agricultural Aviation Licensing Law of 1966, see §69-25-65.

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

Law Reviews.

Ogletree, A primer concerning industrial timber litigation with emphasis upon Mississippi law. 59 Miss. L. J. 387, Fall 1989.

§ 69-21-126. Licensees required to maintain and furnish records and reports regarding certain activities.

The department may require any holder of an applicator’s or pilot’s license to maintain records and furnish reports giving any information with respect to the licensee’s purchase and application of any agricultural substances and any other aspect of the licensee’s activities under this article.

HISTORY: Laws, 2009, ch. 515, § 11, eff from and after passage (approved Apr. 8, 2009.).

§ 69-21-127. Repealed.

Repealed by Laws of 2009, ch. 515, § 20, effective from and after April 8, 2009.

§69-21-127. [Laws, 1979, ch. 301, § 17; ch. 357, § 3; Laws, 1983, ch. 304, § 14; Laws, 1991, ch. 391, § 14; Laws, 1996, ch. 447, § 14; Laws, 1997, ch. 468, § 14; Laws, 2002, ch. 301, § 11; Laws, 2004, ch. 514, § 11; Laws, 2006, ch. 375, § 1; Laws, 2006, ch. 494, § 14, eff from and after passage (approved Mar. 27, 2006.)]

Editor’s Notes —

Former §69-21-127 provided for the repeal of §§69-21-101 through69-21-125, Mississippi Code of 1972, which created the State Board of Agricultural Aviation and prescribed its duties and powers.

§ 69-21-128. Registration of aircraft used for aerial application of agricultural substances.

All aircraft being used for the aerial application of agricultural substances in this state must be registered with the department. Registration shall be valid for a period of time established by rules and regulation.

HISTORY: Laws, 2009, ch. 515, § 12, eff from and after passage (approved Apr. 8, 2009.).

§§ 69-21-129 through 69-21-141. Repealed.

Repealed by Laws of 2009, ch. 515, § 19, effective upon and after passage April 8, 2009.

§69-21-129. [Laws, 2002, ch. 301, § 12, eff from and after passage (approved Jan. 31, 2002.)]

§69-21-131. [Laws, 2002, ch. 301, § 13, eff from and after passage (approved Jan. 31, 2002.)]

§69-21-133. [Laws, 2002, ch. 301, § 14, eff from and after passage (approved Jan. 31, 2002.)]

§69-21-135. [Laws, 2002, ch. 301, § 15, eff from and after passage (approved Jan. 31, 2002.)]

§69-21-137. [Laws, 2002, ch. 301, § 16, eff from and after passage (approved Jan. 31, 2002.)]

§69-21-139. [Laws, 2002, ch. 301, § 17, eff from and after passage (approved Jan. 31, 2002.)]

§69-21-141. [Laws, 2002, ch. 301, § 18, eff from and after passage (approved Jan. 31, 2002.)]

Editor’s Notes —

Former §69-21-129 related to notice and hearing for alleged violators of article provisions. For present similar provisions, see §§69-21-101 et seq.

Former §69-21-131 related to the jurisdiction of the Board of Agricultural Aviation and the adoption of rules and regulations. For present similar provisions, see §§69-21-101 et seq.

Former §69-21-133 provided for judicial review of board decisions. For present similar provisions, see §§69-21-101 et seq.

Former §69-21-135 related to civil penalties for violations of board rules and regulations. For present similar provisions, see §§69-21-101 et seq.

Former §69-21-137 related to the payment of penalties, attorney’s fees, and court costs. For present similar provisions, see §§69-21-101 et seq.

Former §69-21-139 required that the Board comply with the Open Meetings Act, Public Records Act, and Administrative Procedures Law.

Former §69-21-141 provided that the Attorney General would act as counsel and attorney for board.

Article 5. Administrative Hearing Procedure to Enforce Rules and Regulations of Board of Agricultural Aviation [Repealed].

§§ 69-21-151 through 69-21-165. Repealed.

Repealed by Laws of 2002, ch. 301, § 19, eff from and after January 31, 2002.

§69-21-151. [Laws, 1990, ch. 392, § 1, eff from and after July 1, 1990.]

§69-21-153. [Laws, 1990, ch. 392, § 2; Laws, 1997, ch. 468, § 15, eff from and after July 1, 1997.]

§69-21-155. [Laws, 1990, ch. 392, § 3; Laws, 1997, ch. 468, § 16, eff from and after July 1, 1997.]

§69-21-157. [Laws, 1990, ch. 392, § 4; Laws, 1997, ch. 468, § 17, eff from and after July 1, 1997.]

§69-21-159. [Laws, 1990, ch. 392, § 5, eff from and after July 1, 1990.]

§69-21-161. [Laws, 1990, ch. 392, § 6, eff from and after July 1, 1990.]

§69-21-163. [Laws, 1990, ch. 392, § 7, eff from and after July 1, 1990.]

§69-21-165. [Laws, 1990, ch. 392, § 8; Laws, 1997, ch. 468, § 18, eff from and after July 1, 1997.]

Editor’s Notes —

Former §69-21-151 was entitled: Purpose of article.

Former §69-21-153 was entitled: Review of allegation or charge for violating rules and regulations.

Former §69-21-155 was entitled: Hearing; continuance; court reporter; oath; witnesses; written opinion; notice to violator.

Former §69-21-157 was entitled: Waiver of right to hearing; assessment of penalties.

Former §69-21-159 was entitled: Jurisdiction.

Former §69-21-161 was entitled: Judicial review of Board’s decision.

Former §69-21-163 was entitled: Penalties.

Former §69-21-165 was entitled: Payment of penalty; attorney’s fees; costs.

Chapter 23. Mississippi Pesticide Law

General Provisions

§ 69-23-1. Title of chapter.

This chapter shall be known and cited as the Mississippi Pesticide Law of 1975.

HISTORY: Codes, 1942, § 5000-01; Laws, 1950, ch. 452, § 1; Laws, 1975, ch. 319, § 3, eff from and after July 1, 1975.

Cross References —

Regulation of drugs, generally, see §§41-29-1 et seq.

Pesticide Application Law, see §69-23-101 et seq.

State Entomologist or designee as reviewing officer with respect to alleged violations of provisions of this chapter, see §69-25-51.

Regulation of poisons, generally, see §§97-27-21 et seq.

JUDICIAL DECISIONS

1. In general.

Ordinance adopted by town pursuant to police power, requiring permit for application of pesticide to public land, was not pre-empted by Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 USCS §§ 136-136y), because (1) language of FIFRA did not explicitly pre-empt local regulation and provided no clear and manifest indication that Congress sought to supplant local authority over pesticide regulation impliedly, (2) legislative history was at best ambiguous, and (3) there was no actual conflict either between FIFRA in the ordinance or between FIFRA and local regulation generally. Wisconsin Pub. Intervenor v. Mortier, 501 U.S. 597, 111 S. Ct. 2476, 115 L. Ed. 2d 532, 1991 U.S. LEXIS 3632 (U.S. 1991).

In products liability suit decided under Arkansas law, evidence permitted jury finding that herbicide applied on plaintiff’s farm to control various pest-grasses in soybean fields was not defective. Yellow Bayou Plantation, Inc. v. Shell Chemical, Inc., 491 F.2d 1239, 1974 U.S. App. LEXIS 9412 (5th Cir. Miss. 1974).

§ 69-23-3. Definitions.

Definitions for the purpose of this chapter:

The term “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.

The term “insecticide” means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting insects which may be present in any environment whatsoever.

The term “fungicide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi.

The term “rodenticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating rodents or any other vertebrate animals which the commissioner shall declare to be pests.

The term “herbicide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed.

The term “adjuvant” means any substance that, when added to a pesticide is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modified, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used.

The term “nematicide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes.

The term “plant regulator” means any substance or mixture of substances intended through physiological action, for accelerating the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants, or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.

The term “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.

The term “desiccant” means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.

The term “disinfectant” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating bacteria or other harmful microorganisms; or otherwise frees from infection; commonly applied to inanimate objects.

The term “bactericide” means a substance capable of destroying a given species of vegetative bacteria but not necessarily capable of destroying bacterial spores.

The term “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, bees, flies, and to other allied classes of orthropods whose members are wingless and usually have more than six (6) legs as, for example, spiders, mites, ticks, centipedes, and wood lice.

The term “nematodes” means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms.

The term “fungi” means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria except those on or in living man or other animals, and those in or on processed food, beverages or pharmaceuticals.

The term “weed” means any plant which grows where not wanted.

The term “ingredient statement” means:

A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients in the pesticide;

When the pesticide contains arsenic in any form, the ingredient statement shall also include the percentages of total and water soluble arsenic, each calculated as elemental arsenic;

In the case of spray adjuvants, the ingredient statement need contain only the names of the functioning agents and the total percentage of the constituents ineffective as spray adjuvants.

The term “active ingredient” means:

In the case of a pesticide other than a plant regulator, defoliant or desiccant an ingredient which will prevent, destroy, repel, attract or mitigate insects, nematodes, fungi, rodents, weeds or other pests;

In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;

In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;

In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue;

In the case of a spray adjuvant, any ingredient which will act as a functioning agent.

The term “inert ingredient” means an ingredient which is not an active ingredient.

The term “antidote” means the most practical immediate treatment in case of poisoning and includes first aid treatment.

The term “person” means any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.

The term “commissioner” means the Commissioner of Agriculture and Commerce, or his agent.

The term “entomologist” means the State Entomologist of the Mississippi Department of Agriculture and Commerce.

The term “registrant” means the person registering any pesticide pursuant to the provisions of this chapter.

The term “label” means the written, printed, or graphic matter on, or attached to, the pesticide, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide.

The term “labeling” means all labels and other written, printed or graphic matter:

Upon the pesticide or any of its containers or wrappers;

Accompanying the pesticide at any time;

To which reference is made on the label or in literature accompanying the pesticide, except when accurate, nonmisleading reference is made to current official publications of the United States Environmental Protection Agency, Department of Agriculture or Interior, the United States Public Health Service, State Experiment Station, state agricultural colleges, or other similar federal institutions or official agencies of this state, or other states authorized by law to conduct research in the field of pesticides.

The term “adulterated” shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the articles, or if any valuable constituent of the article has been wholly or in part abstracted.

The term “misbranded” shall apply to any pesticide:

If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading to any particular;

If it is an imitation of or is offered for sale under the name of another pesticide;

If its labeling does not contain a statement of the use classification under which the product is registered;

If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, together with any requirements imposed under the Federal Insecticide, Fungicide and Rodenticide Act, are adequate for the protection of health and environment;

If the label does not contain a warning or caution statement which may be necessary and, if complied with, together with any requirements which may be imposed under the Federal Insecticide, Fungicide and Rodenticide Act, are adequate to protect health and environment;

If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase; the ingredient statement may appear prominently on another part of the container as permitted under the Federal Insecticide, Fungicide and Rodenticide Act if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;

If any word, statement or other information required by or under the authority of this chapter to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

If in the case of an insecticide, fungicide or herbicide, or nematicide when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or

In the case of a plant regulator, defoliant or desiccant when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticide; provided, that physical or physiological effect on plants or parts thereof shall not be deemed to be injurious when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.

The term “environment” includes water, air, land and all plants and man and other animals living therein and inter-relationships which exist among these.

The term “EPA” means the United States Environmental Protection Agency.

The term “imminent hazard” means a situation which exists when the continued use of a pesticide during the time required for cancellation under this chapter would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior.

The term “pest” means:

Any insects, rodents, nematodes, fungi, weeds, or

Other forms of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or other living animals) which the commissioner declares to be a pest.

The term “licensed pesticide dealer” means any person who distributes or offers for sale restricted use pesticides and/or state restricted use pesticides.

The term “Pesticide dealer manager” means an individual (who may be the owner) supervising pesticide distribution at one (1) outlet holding a pesticide dealer license.

The term “protect health and environment” means protection against any unreasonable adverse effects on the environment.

The term “restricted use pesticide” means any pesticide classified for restricted use by EPA or the commissioner. Any pesticide which is not classified for restricted use by January 1, 1976, will be deemed to be for general use. In order not to deprive the citizens of this state of the benefits derived from newly developed pesticides or uses which may be restricted by EPA after January 1, 1976, the commissioner may register such pesticides for restricted use if that is the only method by which they may be made available to the citizens of Mississippi.

The term “state restricted pesticide” means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the commissioner determines subsequent to a hearing requires additional restrictions for that use to protect the environment, including man, lands, beneficial insects, animals, crops and wildlife other than pests.

The term “unreasonable adverse effects on the environment” means any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.

The term “FIFRA” means the Federal Insecticide, Fungicide and Rodenticide Act, as amended.

HISTORY: Codes, 1942, § 5000-02; Laws, 1950, ch. 452, § 2; Laws, 1964, 1st Ex. Sess. ch. 32; Laws, 1968, ch. 248, § 1; Laws, 1970, ch. 266, § 1; Laws, 1971, ch. 509, § 1; Laws, 1975, ch. 319, § 4; Laws, 1991, ch. 530, § 15, eff from and after July 1, 1991.

Cross References —

Notification of Department of Agriculture and Commerce when chemical, as defined in this section, located in underground water, exceeds or is likely to exceed state standards and chemical’s source is not within Commission’s jurisdiction, see §49-17-26.

Federal Aspects—

The Federal Insecticide, Fungicide and Rodenticide Act is codified at 7 USCS §§ 136 et seq.

JUDICIAL DECISIONS

1. In general.

Anthrax vaccines do not fall in the category of economic poisons. Livestock Services, Inc. v. American Cyanamid Co., 244 Miss. 531, 142 So. 2d 210, 1962 Miss. LEXIS 473 (Miss. 1962).

§ 69-23-5. Prohibited acts; application of Trade Secrets Act.

  1. It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:
    1. Any pesticide which has not been registered pursuant to the provisions of Section 69-23-7 or any pesticide if any of the claims made for it or any of the directions for its use differ from its composition or representations made in connection with its registration; provided, that in the discretion of the commissioner a change in the labeling or formula of a pesticide may be made within a reregistration period within requiring registration of the product if the registration is amended to reflect such change and if the changes will not violate any provisions of FIFRA or this chapter.
    2. Any pesticide unless it is in the registrant’s or the manufacturer’s unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one (1) through which the required information on the immediate container cannot be clearly read, a label bearing:
      1. The name and address of the manufacturer, registrant or person for whom manufactured;
      2. The name, brand, or trademark under which said article is sold;
      3. The net weight or measure of the content, subject, however, to such reasonable variations as the commissioner may permit;
      4. A batch number from which the date of packaging can be determined for certain pesticides which have been determined to deteriorate in relatively short periods, when requested by the commissioner;
      5. The EPA registration number assigned to each establishment in which it was produced and the EPA registration number assigned to the pesticide if required by regulation under FIFRA;
      6. Any other information required by this chapter or regulation promulgated thereunder; except that this subsection (b) shall not apply:
      7. To the transportation, within the meaning of this section, of refined petroleum naphtha or refined petroleum distillate, by tank truck, or by tank cars, or in tanks by rail;
      8. To the delivery of refined petroleum naphtha or refined petroleum distillate from a storage tank, or tank truck, in a quantity of not less than fifty (50) gallons, if, at the time of such delivery the person delivering the said material delivers to the person to whom the delivery is made, or his agent or representative, a written or printed statement containing the information, with respect to the material delivered, required by the provision of clauses (i), (ii) and (iii) of this subsection (b);

      Provided, however, that the commissioner may designate that certain specific pesticides may be distributed or offered for sale by the manufacturer and/or registrant in bulk, in which case the label information required and any other statements required by this chapter must be stated in or attached to the invoice; and in addition, a copy of said invoice must be given to the purchaser at the time the pesticide is delivered. In addition to the above, the commissioner may set rules and regulations for the sale, dispensing, storing, handling and transportation of pesticides in bulk.

    3. Any pesticide which contains any substance or substances in quantities highly toxic to man, determined as provided in Section 69-23-9, unless the label shall bear, in addition to any other matter required by this chapter:
      1. The skull and crossbones;
      2. The word “poison” prominently, in red on a background of distinctly contrasting color;
      3. A statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide.
    4. Any pesticide which has not been colored or discolored pursuant to the provisions of this chapter.
    5. Any pesticide which is adulterated or misbranded.
    6. Any pesticide in containers which are unsafe due to damage.
  2. It shall be unlawful:
    1. For any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in this chapter or regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter;
    2. For any person to use for his own advantage or to reveal, other than to the commissioner or proper officials or employees of the state or the EPA, or to the courts of this state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in preparation of antidotes, any information relative to formulas of products acquired by authority of this chapter or any information judged by the commissioner as containing or relating to trade secrets or commercial or financial information obtained by authority of this chapter and marked as confidential by the registrant;
    3. For any person to distribute any pesticide labeled for restricted use to any person, or his agent who is not certified to use or purchase such pesticide;
    4. For any person to use or cause to be used any pesticide in a manner inconsistent with its labeling or to regulations of the commissioner if those regulations further restrict the uses provided on the labeling;
    5. For any person to handle, transport, store, display, distribute or dispose of any pesticide or container in such a manner as to endanger man and his environment.

      The commissioner is hereby authorized, empowered and directed to authorize and grant a permit to any person, firm or corporation to dispose of any existing stock of pesticide it may have on hand at the time this chapter becomes effective, including all packages, labels and containers; provided that such stock is packaged and labeled in accordance with federal laws and regulations governing the packaging and labeling of such products.

  3. In addition to any criminal remedy set forth in subsection (2), remedies for misappropriation of a trade secret shall be governed by the Mississippi Uniform Trade Secrets Act, Sections 75-26-1 through 75-26-19.

HISTORY: Codes, 1942, § 5000-03; Laws, 1950, ch. 452, § 3; Laws, 1952, ch. 167; Laws, 1958, ch. 151; Laws, 1970, ch. 266, § 2; Laws, 1971, ch. 509, § 2; Laws, 1975, ch. 319, § 5; Laws, 1984, ch. 341; Laws, 1990, ch. 442, § 15, eff from and after July 1, 1990.

Cross References —

Registration of pesticides meeting requirements under this section, see §69-23-7.

Requirement that Commissioner of Environmental Quality register as pesticide article, composition and labeling of which comply with requirements of this section, see §69-23-7.

Seizure of economic poisons, see §69-23-21.

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.

Products liability: Recovery for injury or death resulting from intentional inhalation of product’s fumes or vapors to produce intoxicating or similar effect. 50 A.L.R.5th 275.

What constitutes use of pesticide in manner inconsistent with its labeling, so as to violate § 12(a)(2)(G) of Federal Insecticide, Fungicide, and Rodenticide Act (7 USCS § 136j(a)(2)(G)). 69 A.L.R. Fed. 835.

Federal pre-emption of state common-law products liability claims pertaining to pesticides. 101 A.L.R. Fed. 887.

Am. Jur.

17 Am. Jur. Proof of Facts 2d 459, Breach of Warranty as to Effectiveness of Insecticide.

§ 69-23-7. Registration.

  1. Every pesticide which is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the commissioner, and such registration shall be renewed annually. Products which have the same formula, are manufactured by the same person, the labeling of which contains the same claims, and the labels bear a designation identifying the products as the same pesticide, may be registered as a single pesticide. Additional names and labels shall be added by supplement statements during the current period of registration. The registrant shall file with the commissioner a statement including:
    1. The name and address of the registrant and the name and address of the person whose name will appear on the label if other than the registrant;
    2. The name of the pesticide;
    3. A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use and the use classification as provided for in FIFRA;
    4. If requested by the commissioner, a full description of the tests made and the results upon which the claims are based. In the case of renewal of registration, a statement shall be required only for information which is different from that furnished when the pesticide was registered or last reregistered; and
    5. Any other information required by the commissioner which may be prescribed by regulation.
  2. The registrant shall pay an annual fee of Two Hundred Dollars ($200.00) for each brand or grade of pesticide registered. 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 Mississippi Department of Agriculture and Commerce for enforcement of this chapter. The Department of Agriculture and Commerce may contract with the Department of Environmental Quality for a groundwater monitoring program.
  3. The commissioner, whenever he deems it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. If it appears to the commissioner that the composition of the articles warrants the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of Section 69-23-5, he shall register the article, if the article is registered under FIFRA. If the state is certified by the administrator of EPA to register pesticides pursuant to Section 24(c) of FIFRA, the commissioner may register the article to meet special local needs if he determines that the registration will not be in violation of FIFRA.
  4. If it does not appear to the commissioner that the article warrants the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this chapter, the commissioner may refuse to register the article. In order to protect the public, the commissioner may, at any time, cancel or suspend the registration of a pesticide if he determines that it does not comply with this chapter or creates an imminent hazard. If he receives a notice from the Commission on Environmental Quality under Section 49-17-26 in relation to state underground water quality standards, he may order the relabeling of any pesticide, or suspend or cancel the registration of any pesticide or any use of any pesticide, or adopt a regulation in accordance with Section 69-23-9 to protect the underground water resources, as defined in the Federal Safe Drinking Water Act. He may advise EPA of the manner in which a federally registered pesticide fails to comply with FIFRA and suggest the necessary corrections. Regulatory action taken under this subsection shall be conducted in accordance with Sections 69-25-51 through 69-25-63.
  5. Notwithstanding any other provision of this chapter, registration is not required in case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person.

HISTORY: Codes, 1942, § 5000-04; Laws, 1950, ch. 452, § 4; Laws, 1958, ch. 150; Laws, 1971, ch. 509, § 3; Laws, 1975, ch. 319, § 6; Laws, 1987, ch. 523, § 4; Laws, 1991, ch. 530, § 16; Laws, 1993, ch. 613, § 6; Laws, 2001, ch. 559, § 1; Laws, 2005, ch. 533, § 13, eff from and after July 1, 2005.

Editor’s Notes —

Laws, 1987, ch. 523, § 7, effective from and after July 1, 1987, provides as follows:

“SECTION 7. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for fees or charges due or accrued under the Mississippi Economic Poison Law of 1950 or the Mississippi Fertilizer Law of 1970 prior to the date on which this act becomes effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which this act becomes effective or shall thereafter be begun; and the provisions of such laws are expressly continued in full force, effect and operation for the purpose of the assessment and collection fees due or accrued and execution of any warrant under such laws prior to the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply therewith.”

Amendment Notes —

The 2005 amendment deleted “authority of” following “All of the fees collected under” in the second sentence of (2); inserted “the commissioner” following “Section 24(c) of FIFRA” in the last sentence of (3); rewrote (4); and a made minor stylistic changes throughout.

Cross References —

Duty of Department of Agriculture and Commerce to proceed in accordance with this section and other laws upon notification of existence of chemical in underground water exceeding or likely to exceed state standards and whose source is not within jurisdiction of Commission on Environmental Quality, see §49-17-26.

Unlawfulness of failing to register a pesticide before distribution, sale, or offer to sell, see §69-23-5.

Prohibited acts regarding economic poisons, see §69-23-5.

Exemptions from penalties, see §69-23-15.

Deposit of fertilizer registration fees into special fund as set forth in this section, see §75-47-7.

Federal Aspects—

The Federal Insecticide, Fungicide, and Rodenticide Act is codified at 7 USCS §§ 136 et seq., and section 24(c) of that Act is codified at 7 USCS § 136a.

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.

Validity, Construction, and Operation of State and Municipal Act or Regulation Requiring Notice of Pesticide and Herbicide Use. 18 A.L.R.6th 793.

Rights of nonregistrants under Federal Environmental Pesticide Control Act of 1972 (7 USCS §§ 136-136y) to oppose cancellation of pesticide use registrations. 48 A.L.R. Fed. 756.

§ 69-23-8. Fee rebate for pesticide manufacturers benefiting employment in Mississippi.

  1. A pesticide manufacturer having paid the pesticide registration fee required by Section 69-23-7(2) may make written application to the department on a form provided by the department for a rebate of not more than fifty percent (50%) of each pesticide registration fee paid by the pesticide manufacturer. The application must be submitted at the time of registration.
  2. Upon receipt of a written application for a rebate of the pesticide registration fee, the commissioner may grant a rebate of not more than fifty percent (50%) of each pesticide registration fee to the pesticide manufacturer if the commissioner finds, based upon the application submitted by the pesticide manufacturer, public records and facts subject to official notice that the operations of the pesticide manufacturer substantially benefit the economy of Mississippi and employment in Mississippi.

HISTORY: Laws, 2001, ch. 559, § 2, eff from and after July 1, 2001.

§ 69-23-9. Determinations; rules and regulations; uniformity.

  1. The commissioner is authorized:
    1. To declare as a pest any form of plant or animal life or virus which is injurious to plants, man, domestic animals, articles or substances;
    2. To determine whether pesticides registered under authority of Section 24(c) of FIFRA are highly toxic to man as described in federal regulations;
    3. To determine standards of coloring or discoloring for pesticides and to subject pesticides to the requirements of Section 69-23-5(1).
  2. The commissioner may adopt, amend or repeal rules and regulations for carrying out the provisions of this chapter, including, but not limited to, rules and regulations providing for the collection and examination of samples; the safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers; protecting the environment; labeling and adopting state restricted pesticide uses.
  3. In order to avoid confusion endangering the public health resulting from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such pesticides, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such pesticides. To this end the commissioner is authorized to adopt such regulations, applicable to and in conformity with the primary standards established by this chapter, as have been or may be prescribed by the United States government for pesticides.
  4. No action taken by the commissioner under this section shall be effective unless and until such action is approved by the advisory board created under Section 69-25-3, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 5000-05; Laws, 1950, ch. 452, § 5; Laws, 1971, ch. 509, § 4; Laws, 1975, ch. 319, § 7; Laws, 2004, ch. 518, § 1; Laws, 2005, ch. 533, § 14, eff from and after July 1, 2005.

Amendment Notes —

The 2004 amendment substituted “may adopt, amend or repeal” for “is authorized, after due public hearing, to make appropriate” in (2); and made other minor changes.

The 2005 amendment deleted “after opportunity for a hearing” at the end of (1); substituted “as described in” for “in conformity with” in (1)(b); substituted “to adopt” for “after due public hearing to adopt by regulation” in the second sentence of (3); and deleted “the provisions of” twice following “by the commissioner under” and “board created under” in (4).

Cross References —

Definition of terms relating to economic poisons, see §69-23-3.

Unlawfulness of failure to label pesticides, see §69-23-5.

Prohibited acts concerning economic poisons, see §69-23-5.

Adoption of regulation in accordance with this section to protect underground water resources from hazardous pesticides, see §69-23-7.

Adoption of regulation in accordance with this section to protect underground water resources, in connection with Mississippi Waste Disposal Pesticide Act, see §69-23-7.

Adoption of regulation in accordance with this section for protection of underground water resources from fertilizer contamination, see §75-47-7.

Federal Aspects—

Federal Safe Drinking Water Act, see 21 USCS § 349, 42 USCS §§ 300f-300j-9.

§ 69-23-11. Enforcement.

  1. The commissioner or his employees, with proper identification and during normal working hours, shall have free access to all places of business, factories, buildings, carriages, cars, stores, warehouses and other places where pesticides are offered for sale or kept for sale or distribution or use and application, and shall have authority to inspect or open any container of pesticide and to take a sample for the purpose of examination and analysis. It shall be the duty of the commissioner to take such samples and deliver them to the State Chemist for examination and analysis.
  2. It shall be the duty of the State Chemist to cause as many analyses to be made of samples delivered to him by the commissioner as may be necessary to properly carry into effect the intent of this chapter. He shall make reports of such analysis to the commissioner and to the manufacturer, firm or person responsible for placing on the market the pesticide represented by the samples.
  3. If it appears that any pesticide fails to comply with the provisions of this chapter, or if provisions of this chapter are violated, the commissioner may proceed with appropriate action as provided in this chapter or under the administrative hearing procedures provided in Section 69-25-51 et seq. If, in the opinion of the commissioner, it appears that the provisions of the chapter have been violated, the commissioner may refer the facts to the county attorney, district attorney or Attorney General.
  4. It shall be the duty of each county attorney, district attorney or Attorney General to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the appropriate court without delay.
  5. The commissioner shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this chapter.

HISTORY: Codes, 1942, § 5000-06; Laws, 1950, ch. 452, § 6; Laws, 1971, ch. 509, § 5; Laws, 1975, ch. 319, § 8; Laws, 1997, ch. 449, § 1; Laws, 2005, ch. 533, § 15, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment deleted the last sentence of (3) which read: “However, nothing in this chapter shall be construed as requiring the commissioner to report for prosecution or for the institution of libel proceedings minor violations of this chapter whenever he believes that the public interest will be best served by a suitable notice of warning in writing”; and made minor stylistic changes throughout.

Cross References —

State Entomologist or designee as reviewing officer with respect to alleged violations of provisions of this chapter, see §69-25-51.

§ 69-23-13. Jurisdiction of commissioner.

Jurisdiction in all matters pertaining to the distribution, sale and transportation of pesticides is vested exclusively in the commissioner.

HISTORY: Codes, 1942, § 5000-12; Laws, 1950, ch. 452, § 12; Laws, 1971, ch. 509, § 10; Laws, 1975, ch. 319, § 9, eff from and after July 1, 1975.

JUDICIAL DECISIONS

1. In general.

Ordinance adopted by town pursuant to police power, requiring permit for application of pesticide to public land, was not pre-empted by Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 USCS §§ 136-136y), because (1) language of FIFRA did not explicitly pre-empt local regulation and provided no clear and manifest indication that Congress sought to supplaint local authority over pesticide regulation impliedly, (2) legislative history was at best ambiguous, and (3) there was no actual conflict either between FIFRA in the ordinance or between FIFRA and local regulation generally. Wisconsin Pub. Intervenor v. Mortier, 501 U.S. 597, 111 S. Ct. 2476, 115 L. Ed. 2d 532, 1991 U.S. LEXIS 3632 (U.S. 1991).

§ 69-23-15. Exemptions.

  1. The penalties provided for violations of Section 69-23-5 (1) shall not apply to:
    1. Any carrier while lawfully engaged in transporting a pesticide within this state if such carrier shall, upon request, permit the commissioner or his employees to copy all records showing the transaction in and movement of the articles;
    2. Public officials of this state and the federal government engaged in the performance of their official duties in administering state or federal pesticide laws or regulations or while engaged in pesticide research.
    3. The manufacturer or shipper of a pesticide for experimental use only:
      1. By or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides; or
      2. By others if the pesticides shipper or manufacturer holds a valid experimental use permit as provided for by Section 69-23-25 or by EPA.
  2. No article shall be deemed in violation of this chapter when intended solely for export to a foreign country, and when prepared or packaged according to the specifications or directions of the purchaser. If not so exported, all the provisions of this chapter shall apply.

HISTORY: Codes, 1942, § 5000-07; Laws, 1950, ch. 452, § 7; Laws, 1971, ch. 509, § 6; Laws, 1975, ch. 319, § 10, eff from and after July 1, 1975.

§ 69-23-17. Cooperation.

The commissioner is authorized and empowered to cooperate with, and enter into cooperative agreements with, any other agency of this state, the United States Government, or its agencies or any public or private agency for the purpose of carrying out the provisions of this chapter and FIFRA and securing uniformity of regulations.

HISTORY: Codes, 1942, § 5000-10; Laws, 1950, ch. 452, § 10; Laws, 1971, ch. 509, § 9; Laws, 1975, ch. 319, § 11, eff from and after July 1, 1975.

§ 69-23-19. Repealed.

Repealed by Laws of 1997, ch. 449, § 5, eff from and after passage (approved March 25, 1997).

[Codes, 1942, § 5000-08; Laws, 1950, ch. 452, § 8; Laws, 1971, ch. 509, § 7]

Editor’s Notes —

Former §69-23-19 provided for penalties for violations of the Mississippi Pesticide Law. For current provisions affecting penalties for violations of the Mississippi Pesticide Law, see §69-23-29.

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.

§ 69-23-21. Seizures.

  1. Any pesticide that is distributed, sold or offered for sale within this state or delivered for transportation or transported to intrastate commerce or between points within this state through any point outside this state shall be liable to be proceeded against in any circuit court in any county of the state where it may be found and seized for confiscation and condemnation:
    1. If it is adulterated or misbranded;
    2. If it has not been registered under the provisions of Section 69-23-7;
    3. If it fails to bear on its label the information required by this chapter;
    4. If it is a white power pesticide and is not colored as required under this chapter.
  2. If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale, as the court may direct, and the proceeds, if such article is sold, less legal costs, shall be paid to the commissioner for transmission to the General Funds of the State Treasury.
  3. When a decree of condemnation is entered against the article, court costs and fees and storage and other proper expenses shall be awarded against the person shown to be the claimant of the article.
  4. The remedy in this section is supplemental to and not in replacement of the remedies under Sections 69-25-51 through 69-25-63.

HISTORY: Codes, 1942, § 5000-09; Laws, 1950, ch. 452, § 9; Laws, 1971, ch. 509, § 8; Laws, 1975, ch. 319, § 12; Laws, 2005, ch. 533, § 16, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “and condemnation” for “by process of libel for condemnation” at the end of (1); deleted “provided that the article shall not be sold contrary to the provisions of this chapter; and provided, further, that upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the article shall not be disposed of unlawfully, the court may direct that said article be delivered to the owner thereof for relabeling or reprocessing, as the case may be” at the end of (2); and added (4).

§ 69-23-23. Nonresidents to designate Secretary of State as agent for service of process; bond, when required.

  1. Any nonresident individual, partnership, association, firm, or corporation desiring to distribute, sell, or offer for sale within this state any product described in this chapter, and any such nonresident who may be subject otherwise to the provisions of such chapter, shall file a written power of attorney designating the Secretary of State as the agent of such nonresident upon whom service of process may be had in the event of any suit against said nonresident individual, partnership, firm, association, or corporation; and such power of attorney shall be so prepared in such form as to render effective the jurisdiction of the courts of Mississippi over such nonresident applicants and make such applicants amenable to the jurisdiction of the courts of this state. Provided, however, that any such nonresident who has a duly appointed resident agent upon whom process may be served as provided by law shall not be required to designate the Secretary of State as such agent. The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents. The commissioner shall be furnished with a copy of such designation of the Secretary of State or of a resident agent, such copy to be duly certified by the Secretary of State.
  2. The commissioner may also require such nonresident subject to the provisions of this chapter to furnish to him a fidelity bond or other security satisfactory to him and conditioned that the principal therein named shall pay for any and all damages suffered by any person by reason of the negligence of the principal or his or its agents in the conduct of said business and shall honestly conduct said business and as otherwise conditioned by said commissioner, provided that in no case shall a bond or other security less than Ten Thousand Dollars ($10,000.00) be required. A copy of said bond duly certified by the commissioner shall be received as evidence in all courts of this state without further proof. Any person having a right of action against such person, firm, association or corporation may bring suit against the principal and sureties on such bond. Should the surety furnished become unsatisfactory, said applicant shall execute a new bond and should he fail to do so, it shall be the duty of the commissioner to cancel his license and give him notice of said fact, and it shall be unlawful thereafter for such person to engage in said business without obtaining a new license.

HISTORY: Codes, 1942, § 5000-14; Laws, 1952, ch. 266; Laws, 1971, ch. 509, § 11; Laws, 2005, ch. 533, § 17, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment redesignated former (A) and (B) as present (1) and (2); and substituted “less than Ten Thousand Dollars” for “exceeding Ten Thousand Dollars” in the first sentence of (2).

JUDICIAL DECISIONS

1. In general.

The intent of the legislature in requiring nonresidents to qualify was to make them amenable to the process of the state courts in actions by the state plant board to enforce the provisions of the act and to provide to a citizen of Mississippi redress for an injury against a manufacturer, distributor, or seller of economic poisons. Livestock Services, Inc. v. American Cyanamid Co., 244 Miss. 531, 142 So. 2d 210, 1962 Miss. LEXIS 473 (Miss. 1962).

Since anthrax vaccine is not an economic poison, a foreign manufacturer and distributor which appointed the Secretary of State as its agent for service of process under this act did not subject itself to the jurisdiction of the state court in an action for damages arising out of an alleged breach of warranty in reference to anthrax vaccine. Livestock Services, Inc. v. American Cyanamid Co., 244 Miss. 531, 142 So. 2d 210, 1962 Miss. LEXIS 473 (Miss. 1962).

§ 69-23-25. Experimental use permits.

Upon the condition that the State of Mississippi is certified by the Administrator of the United States Environmental Protection Agency to issue experimental use permits for the testing of pesticides, the commissioner of agriculture and commerce may prescribe regulations for the issuance of such experimental permits. The commissioner may issue such experimental permit if he determines that the applicant needs the permit to obtain information necessary to register a pesticide under the provisions of this chapter.

HISTORY: Laws, 1975, ch. 319, § 1, eff from and after July 1, 1975.

§ 69-23-27. Licensing of pesticide dealers.

  1. It is unlawful for any person to act as a licensed pesticide dealer without being licensed by the commissioner. A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any dealer who has no pesticide outlet licensed within this state and who distributes such pesticides directly into this state shall obtain a pesticide dealer license for his principal out-of-state location or outlet.
  2. Application for a license shall be submitted on a form prescribed by the commissioner, and shall include the name and address of the applicant, the name of the pesticide dealer manager, the address of each outlet, the name of the resident agent if the dealer is not a resident of this state, and any other information required by the commissioner.
  3. This section shall not apply to (a) a licensed pesticide applicator who sells pesticides only as an integral part of his pesticide application service where such pesticides are applied by the commercial applicator; or (b) any federal, state, county or municipal agency which provides pesticides only for its own programs.
  4. The commissioner may set standards and qualifications for licensing of pesticide dealers and dealer managers to determine their competency.
  5. Licenses for pesticide dealers will expire on December 31 of each year and must be renewed annually.
  6. The commissioner may prescribe rules and regulations pertaining to licensing of pesticide dealers, including but not limited to record keeping, and may at any time cancel, suspend or revoke a pesticide dealer license when he finds there has been a failure or refusal to comply with the provisions of this chapter or regulations adopted hereunder. The regulatory action authorized in this subsection shall be governed by Sections 69-25-51 through 69-25-63.

HISTORY: Laws, 1975, ch. 319, § 2; Laws, 2005, ch. 533, § 18, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment deleted “Provisions of” at the beginning of (3); and added the last sentence of (6).

§ 69-23-29. Penalties.

    1. Any person violating any of the provisions of 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) or 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 for continuing acts, shall constitute a separate offense.
    3. Any person violating any of the provisions of 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, § 4; Laws, 2005, ch. 533, § 19, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “issued under this chapter” for “made by the commissioner pursuant thereto at a minimum” following “rules and regulations” in (1)(a) and (1)(c); inserted “for continuing acts” preceding “shall constitute a separate offense” in (1)(b); and rewrote (2).

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.

Pesticide Application

§ 69-23-101. Short title.

Sections 69-23-101 through 69-23-135 may be known as the “Mississippi Pesticide Application Law of 1975.”

HISTORY: Laws, 1975, ch. 318, § 1; Laws, 2005, ch. 533, § 20, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “69-23-135” for “69-23-133.”

RESEARCH REFERENCES

ALR.

Federal preemption of state common law products liability claims pertaining to pesticides. 101 A.L.R. Fed. 887.

§ 69-23-103. Administration.

Sections 69-23-101 through 69-23-135 shall be administered by the Commissioner of the Mississippi Department of Agriculture and Commerce, or his agent, herein referred to as the “commissioner.”

HISTORY: Laws, 1975, ch. 318, § 2; Laws, 2005, ch. 533, § 21, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “69-23-135” for “69-23-133.”

§ 69-23-105. Declaration of purpose.

The purpose of Sections 69-23-101 through 69-23-135 is to provide a means for the state certification of applicators of restricted use pesticides required under the Federal Insecticide, Fungicide and Rodenticide Act, and to regulate in the public interest the use and application of restricted use pesticides, except as the application of restricted use pesticides is regulated under Sections 69-19-1 through 69-19-15 or 69-21-101 through 69-21-128, and to designate the Mississippi Department of Agriculture and Commerce as the agency responsible for administering a plan for certification of applicators of restricted use pesticides and to cooperate with the United States Environmental Protection Agency as provided for in the Federal Insecticide, Fungicide and Rodenticide Act, and for other purposes.

HISTORY: Laws, 1975, ch. 318, § 3; Laws, 1991, ch. 530, § 17; Laws, 2005, ch. 533, § 22; Laws, 2009, ch. 515, § 13, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

Section 69-19-11 referred to in this section was repealed by Laws, 1997, ch. 449, § 5 eff from and after passage (approved March 25, 1997).

Amendment Notes —

The 2005 amendment substituted “69-23-135” for “69-23-133”; substituted “69-19-15” for “69-19-11”; substituted “69-21-141” for “69-21-125”; and made minor stylistic changes.

The 2009 amendment substituted “application of restricted use pesticide” for “application of such pesticides” the first time it appears and “such application” the second time it appears; deleted “69-21-1 through 69-21-27” following “69-19-15”; substituted “through 69-21-128” for “through 69-21-141”; and made a minor stylistic change.

Federal Aspects—

Federal Insecticide, Fungicide and Rodenticide Act, see 7 USCS §§ 136 et seq.

§ 69-23-107. Definitions.

When used in the context of Sections 69-23-101 through 69-23-135, the following terms shall be ascribed the following meanings:

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

“Certification” means the recognition by a state that a person is competent and thus authorized to use or supervise the use of restricted use pesticides.

“Certified applicator” means any person who is certified to use or supervise the use of any restricted use pesticide covered by this certification.

“Commercial applicator” means a certified applicator (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide that is classified for restricted use for any purpose or on any property other than as provided by the definition of “private applicator.”

“Division” means the Bureau of Plant Industry within the Regulatory Office of the Mississippi Department of Agriculture and Commerce.

“Division of Plant Industry” means the Bureau of Plant Industry within the Regulatory Office of the Mississippi Department of Agriculture and Commerce.

“EPA” means the United States Environmental Protection Agency.

“FIFRA” means the Federal Insecticide, Fungicide and Rodenticide Act, as amended.

“License” means a license, certificate or permit.

“Person” means any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.

“Pest” means:

Any insects, rodents, nematodes, fungi, weeds; and

Other forms of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria or other microorganism on or in living man or other living animals) that the commissioner declares to be a pest.

“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.

“Private applicator” means a certified applicator who uses or supervises the use of any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned, rented or controlled by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person, subject to regulations adopted under authority granted by Sections 69-23-101 through 69-23-135.

“Public applicator” means any individual who applies restricted use pesticides as an employee of a state agency, municipal corporation, public utility, or other governmental agency. This term does not include employees who work under direct “on-the-job” supervision of a public applicator.

“Restricted use pesticide” means any pesticide classified for restricted use by EPA or by the commissioner.

“State restricted pesticide use” means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the commissioner determines subsequent to a hearing, requires additional restrictions for that use to protect the environment including man, lands, beneficial insects, animals, crops and wildlife, other than pests.

“Under the direct supervision of a certified applicator” means, unless otherwise prescribed by its labeling, a pesticide that is to be applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though that certified applicator is not physically present at the time and place the pesticide is applied.

“Unreasonable adverse effects on the environment” means any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.

Words and terms as defined in Sections 69-19-1 through 69-19-15, 69-21-101 through 69-21-128 and 69-23-1 through 69-23-29, when used in Sections 69-23-101 through 69-23-135 shall have the same meaning ascribed therein.

HISTORY: Laws, 1975, ch. 318, § 4; Laws, 1991, ch. 530, § 18; Laws, 2005, ch. 533, § 23; Laws, 2009, ch. 515, § 14, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

Section69-19-11 referred to in (s) was repealed by Laws, 1997, ch. 449, § 5, eff from and after passage (approved march 25, 1997). For current provisions, see §69-19-15.

Amendment Notes —

The 2005 amendment substituted “69-23-135” for “69-23-133” in the first paragraph and in (m); in (s), substituted “69-19-15” for “69-19-11,” “69-21-141” for “69-21-125,” “69-23-29” for “69-23-23,” and “69-23-135” for “69-23-133”; and made minor stylistic changes throughout.

The 2009 amendment, in (s), deleted “69-21-1 through 69-21-27” following “69-19-15” and substituted “through 69-21-128” for “through 69-21-141”; and made minor stylistic changes throughout.

Federal Aspects—

Federal Insecticide, Fungicide and Rodenticide Act, see 7 USCS §§ 136 et seq.

§ 69-23-109. Commissioner to adopt regulations; reports; regulation by other agencies.

  1. The commissioner may adopt regulations to carry out the provisions of Sections 69-23-1 through 69-23-135.
  2. In adopting regulations, the commissioner shall give consideration to pertinent research findings and recommendations of other agencies of this state or federal government. The commissioner shall report to the Legislature on or before February 1 of each year any regulation promulgated under this section which is more restrictive than applicable federal regulations.
  3. Regulations promulgated by the commissioner under Sections 69-23-1 through 69-23-135 shall not be effective until approved by the advisory board created under Section 69-25-3.
  4. In order to eliminate inequitable application or establishment of opposing regulations, the authority to regulate any matter pertaining to the registration, sale, handling, distribution, notification of use, application and use of pesticides shall vest solely in the Commissioner of Agriculture and Commerce, except where other state agencies, including the Agricultural Aviation Board, exercise such regulatory authority under state law.

HISTORY: Laws, 1975, ch. 318, § 5; Laws, 1992, ch. 539, § 1; Laws, 2005, ch. 533, § 24, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “69-23-135” for “69-23-133” in (1) and (3); and deleted “the provisions of” twice following “under” in (3).

§ 69-23-111. Licenses and permits.

  1. After October 21, 1976, it is unlawful for any person to engage in the application or use of any pesticide that is restricted by EPA or the commissioner, except as provided for and defined in Sections 69-19-1 through 69-19-15, 69-21-101 through 69-21-128 and 69-23-1 through 69-23-29, without being certified or licensed by the commissioner.
  2. The commissioner may classify licenses or permits to be issued under Sections 69-23-101 through 69-23-135. Separate classifications and subclassifications may be specified by the commissioner in conformity with FIFRA. Each classification may be subject to separate requirements of testing procedures.
  3. Application for license shall be made on a form provided by the commissioner and shall contain information regarding the applicant’s qualifications, proposed operations, and license classification or classifications as prescribed by regulations.
  4. The commissioner shall require each applicant for a certified applicator’s license to demonstrate competency by a written or oral examination, or any other equivalent procedure as may be adopted by the commissioner by regulation, that he possesses adequate knowledge with respect to the proper use and application of pesticides in the particular categories or classification for which application for license is made. The commissioner may cooperate with other state, federal and private agencies in preparing, administering and evaluating examinations or other equivalent procedures, including training, for determining competency of certified applicators, and shall consider and be guided by certification requirements set forth by EPA.
  5. If the commissioner finds the applicant qualified in the classification for which he has applied, he shall issue a certified applicator’s license limited to that classification. Expiration dates of licenses may be established by regulation, unless revoked, suspended, denied, cancelled or modified prior thereto by the commissioner for cause as hereinafter provided.

HISTORY: Laws, 1975, ch. 318, § 6; Laws, 2005, ch. 533, § 25; Laws, 2009, ch. 515, § 15, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

Section69-19-11 referred to in (1) was repealed by Laws, 1997, ch. 449, § 5, eff from and after passage (approved March 25, 1997). For current provisions, see §69-19-15.

Amendment Notes —

The 2005 amendment substituted “Sections 69-19-1 through 69-19-15, 69-21-1 through 69-21-27, 69-21-101 through 69-21-141, and 69-23-1 through 69-23-29 without being” for “Sections 69-19-1 through 69-19-11, 69-21-1 through 69-21-27, 69-21-101 through 69-21-125, and 69-23-1 through 69-23-23 without having” in (1); substituted “69-23-135” for “69-23-133” in (2); and inserted “denied cancelled or modified” near the end of (5).

The 2009 amendment, in (1), deleted “69-21-1 through 69-21-27” following “69-19-15” and substituted “through 69-21-128” for “through 69-21-141”; and made two minor stylistic changes.

Cross References —

Responsibility of county mosquito control commission as to control and elimination of pests of a public health or annoyance nature, see §41-27-9.

Federal Aspects—

Federal Insecticide, Fungicide and Rodenticide Act, see 7 USCS §§ 136 et seq.

§ 69-23-113. Nonresident commercial applicators to designate Secretary of State as agent for service of process.

Any nonresident commercial applicator applying for a license under Sections 69-23-101 through 69-23-135 to operate in the state shall file a written power of attorney designating the Secretary of State as the agent of such nonresident upon whom service of process may be had in the event of any suit against the nonresident person, and such power of attorney shall be prepared and in such form as to render effective the jurisdiction of the courts of this state over such nonresident applicant. Any nonresident who has a duly appointed resident agent upon whom process may be served as provided by law shall not be required to designate the Secretary of State as such agent. The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents. The commissioner shall be furnished with a copy of such designation of the Secretary of State or of a resident agent, such copy to be duly certified by the Secretary of State.

HISTORY: Laws, 1975, ch. 318, § 7; Laws, 2005, ch. 533, § 26, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “69-23-135” for “69-23-133” in the first sentence; and made minor stylistic changes in the second sentence.

§ 69-23-115. Violations.

It is unlawful for a person to:

Make false or fraudulent claims through any media misrepresenting the effect of materials or methods to be used;

Conduct pest control operations in a faulty, careless or negligent manner or to operate faulty or unsafe pest control equipment;

Fail to comply with the provisions of Sections 69-23-101 through 69-23-135, or the regulations adopted hereunder;

Fail to keep and maintain records required by Sections 69-23-101 through 69-23-135 or to make reports when required;

Make false or fraudulent records, invoices or reports;

Use fraud or misrepresentation in making application for a license or renewal for a license;

Aid or abet any person in evading the provisions of Sections 69-23-101 through 69-23-135, or allow one’s license to be used by another person;

Impersonate any state or federal official;

Commit a violation under FIFRA;

Use any restricted use pesticide in a manner which is inconsistent with its labeling; or

Commit any other act or omission specified in the regulations adopted under Sections 69-23-101 through 69-23-135.

HISTORY: Laws, 1975, ch. 318, § 8; Laws, 2005, ch. 533, § 27, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment rewrote the section.

§ 69-23-117. Records to be maintained by commercial applicators.

Commercial applicators shall maintain records with respect to the application of pesticides. Such relevant information as the commissioner may deem necessary and the length of time that these records shall be maintained may be specified by the commissioner, and upon request the licensee shall furnish a copy of such records.

HISTORY: Laws, 1975, ch. 318, § 9; Laws, 2005, ch. 533, § 28, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “the licensee shall furnish a copy of such records” for “in writing he shall be furnished with a copy of such records by the licensee.”

§ 69-23-119. Exemptions.

  1. Any person duly licensed and certified under Section 69-19-1 through 69-19-15 or 69-21-101 through 69-21-128, is exempted from the licensing provisions of Sections 69-23-101 through 69-23-135.
  2. The commissioner may exempt any other persons as may be exempted by federal regulations.
  3. The commissioner may exempt public applicators from the requirements of Sections 69-23-113 and 69-23-117.

HISTORY: Laws, 1975, ch. 318, § 10; Laws, 2005, ch. 533, § 29; Laws, 2009, ch. 515, § 16, eff from and after passage (approved Apr. 8, 2009.).

Editor’s Notes —

Section69-19-11 referred to in this section was repealed by Laws, 1997, ch. 449, § 5 eff from and after passage (approved March 25, 1997). For current provisions, see §69-19-15.

Section69-23-119 referred to in (1) was repealed by Laws, 1997, ch. 449, § 5, eff from and after passage (approved March 25, 1997). For current provisions, see §69-19-15.

Amendment Notes —

The 2005 amendment, in (1), substituted “69-19-15” for “69-19-11,” “69-21-141” for “69-21-125,” and “69-23-135” for “69-23-133.”

The 2009 amendment, in (1), deleted “69-21-1 through 69-21-27” following “69-19-15” and substituted “through 69-21-128” for “through 69-21-141”; and made a minor stylistic change.

Cross References —

Responsibility of county mosquito control commission as to control and elimination of pests of a public health or annoyance nature, see §41-27-9.

§ 69-23-121. Cooperative extension service to conduct courses of instruction and training.

The Mississippi Cooperative Extension Service shall conduct courses of instruction and training for the purpose of carrying out the provisions of Sections 69-23-101 through 69-23-135.

HISTORY: Laws, 1975, ch. 318, § 11; Laws, 2005, ch. 533, § 30, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “69-23-135” for “69-23-133.”

§ 69-23-123. Cooperative agreements.

The commissioner 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 Sections 69-23-101 through 69-23-135, to encourage training of certified applicators and securing uniformity of regulations.

HISTORY: Laws, 1975, ch. 318, § 12; Laws, 2005, ch. 533, § 31, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “69-23-135” for “69-23-133.”

Cross References —

Responsibility of county mosquito control commission as to control and elimination of pests of a public health or annoyance nature, see §41-27-9.

§ 69-23-125. Enforcement; investigations.

The commissioner shall enforce the provisions of Sections 69-23-101 through 69-23-135. The commissioner or his representative may enter upon public or private premises at reasonable times for the purpose of enforcing said sections, and may investigate complaints of injury or accidents resulting from use of restricted use pesticides.

HISTORY: Laws, 1975, ch. 318, § 13; Laws, 2005, ch. 533, § 32, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “69-23-135” for “69-23-133” in the first sentence.

Cross References —

State Entomologist or designee as reviewing officer with respect to alleged violations of provisions of this chapter, see §69-25-51.

§ 69-23-127. Injunctive relief.

The commissioner may obtain an injunction to enjoin the violation of Sections 69-23-101 through 69-23-135 or any regulations issued under those sections in the chancery court of the county in which the violation occurs.

HISTORY: Laws, 1975, ch. 318, § 14; Laws, 2005, ch. 533, § 33, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment rewrote the section.

§ 69-23-129. Repealed.

Repealed by Laws of 1997, ch. 449, § 5, eff from and after passage (approved March 25, 1997).

[Laws, 1975, ch. 318, § 15.].

Editor’s Notes —

Former §69-23-129 provided for penalties for violations of the Mississippi Pesticide Application Law. For current provisions affecting penalties for violations of the Mississippi Pesticide Law, see §69-23-135.

§ 69-23-131. When training, examination and certification of applicators may begin.

  1. Regulations may be promulgated by the commissioner after passage.
  2. Training, examination and certification of applicators may begin after passage in order for applicants to be certified by October 21, 1976.
  3. The requirement that applicators be certified in order to use or supervise the use of restricted use pesticides shall not be effective until October 21, 1976, or at a later date if permitted by EPA.

HISTORY: Laws, 1975, ch. 318, § 16, eff from and after October 1, 1975.

§ 69-23-133. Advisory committee.

The commissioner shall appoint an advisory committee, and by regulation establish the composition of the committee to include representatives from the agriculture, agribusiness and related industries.

The purpose of the committee shall be to advise and assist the commissioner in developing regulations and plans for implementing the provisions of Sections 69-23-101 through 69-23-135 and a pesticide regulatory program to meet the requirements of FIFRA.

HISTORY: Laws, 1975, ch. 318, § 17; Laws, 2005, ch. 533, § 34, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “69-23-135” for “69-23-133”in the second paragraph.

§ 69-23-135. Penalties.

    1. Any person violating any of the provisions of this chapter or the rules and regulations issued under this chapter at a minimum is guilty of a misdemeanor and upon conviction shall be punished by 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 at the discretion of the court having jurisdiction.
    2. Each violation and each day’s violation for continuing acts shall constitute a separate offense.
    3. Any person violating any of the provisions of 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 rules and regulations issued under this chapter shall subject the violator to administrative action as provided for in Sections 69-25-51 through 69-25-63.

HISTORY: Laws, 1997, ch. 449, § 2; Laws, 2005, ch. 533, § 35, eff from and after July 1, 2005.

Editor’s Notes —

Section 69-25-55, referred to in (2), was repealed by Laws of 2005, ch. 533, § 36, effective from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “issued under this chapter” for “made by the commissioner pursuant thereto” following “rules and regulations” in (1)(a) and (1)(c); inserted “for continuing acts” following “each day’s violation” in (1)(b); and in (2), substituted “issued under this chapter shall” for “promulgated thereunder may,” substituted “administrative action” for “civil action,” and substituted “69-25-63” for “69-25-65.”

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.

Mississippi Waste Pesticide Disposal Act of 1993 [Repealed]

§§ 69-23-301 through 69-23-313. Repealed.

Repealed by Laws of 1993, ch. 613, § 8, eff on July 1, 1998.

§69-23-301 through §69-23-313. [Laws, 1993, ch. 613, §§ 1 to 5, 7, 8, eff from and after passage (approved April 12, 1993)]

Editor’s Notes —

Former §§69-23-301 through69-23-313 related to the Mississippi Waste Pesticide Disposal Act of 1993.

Chapter 24. Fertilizing Materials and Additives

§ 69-24-1. Short title.

This chapter shall be known as the “Mississippi Soil and Plant Amendment Law of 1978”.

HISTORY: Laws, 1978, ch. 322, § 1, eff from and after July 1, 1978.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 42, 47, 49, 50.

CJS.

3 C.J.S., Agriculture §§ 89 et seq.

§ 69-24-3. Administration.

This chapter shall be administered by the commissioner of agriculture and commerce of the State of Mississippi, hereinafter referred to as the commissioner, and the State Chemist of Mississippi, as specified in the following sections.

HISTORY: Laws, 1978, ch. 322, § 2, eff from and after July 1, 1978.

§ 69-24-5. Definitions.

As used in this chapter, the following terms shall have the definition ascribed to them herein unless the context requires otherwise:

“Amending ingredient” means a substance which will improve the physical or chemical characteristics of the soil or improve crop production or quality when applied to the soil, plant or seed.

“Brand” means the term, designation, trade mark, product name or other specific designation under which individual soil or plant amendments are offered for sale.

“Bulk” means in nonpackaged form.

“Distribute” means to import, consign, manufacture, produce, compound, mix or blend soil or plant amendments, or offer for sale, sell, barter or otherwise supply soil or plant amendments in this state.

“Distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes or blends soil or plant amendments, or who offers for sale, sells, barters, or otherwise supplies soil or plant amendments in this state.

“Inert ingredients” means the non-amending ingredients present in soil or plant amendments.

“Ingredient form” means the chemical compound, such as salt, chelate, oxide, acid, etc., of an ingredient or the physical form of an ingredient.

“Investigational allowance” means an allowance for variations inherent in the taking, preparation and analysis of an official sample of soil or plant amendment.

“Label” means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a soil or plant amendment.

“Labeling” means all written, printed, or graphic matter, upon or accompanying any soil or plant amendment, or advertisements, brochures, posters, or television or radio announcements used in promoting the sale of such soil or plant amendment.

“Minimum percentage” means that percent of soil or plant amending ingredient, when mentioned in any form or manner, that must be present before the product will be accepted for registration.

“Official sample” means any sample of soil or plant amendment taken by the commissioner or his agent and designated as “Official” by the commissioner and state chemist.

“Percent” or “percentage” means parts per hundred by weight.

“Person” means individual, partnership, association, firm, or corporation.

“Plant amendment” means any substance applied to plants or seeds which is intended to improve germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants except commercial fertilizers, soil amendments, agricultural liming materials, unmanipulated animal and vegetable manures, pesticides, plant regulators, Rhizobium legume inoculants, and other materials which may be exempted by regulation; provided that, commercial fertilizer shall be included if it is represented to contain, as an amending ingredient, a substance other than a recognized plant food element or is represented as promoting plant growth by means other than supplying a recognized plant food element.

“Registrant” means the person who registers soil or plant amendments under the provisions of this chapter.

“Soil amendment” means and includes any substance which is intended to improve the physical, chemical or other characteristics of the soil or improve crop production, except the following: commercial fertilizers, plant amendments, agricultural liming materials, agricultural gypsum, unmanipulated animal manures, topsoil, unmanipulated vegetable manures, pesticides, and herbicides, Rhizobium legume inoculants, and other material which may be exempted by regulation; provided that commercial fertilizer shall be included if it is represented to contain, as an amending ingredient, a substance other than a recognized plant food element or is represented as promoting plant growth by means other than supplying a recognized plant food element.

“Ton” means a net weight of two thousand (2,000) pounds avoirdupois.

“Weight” means the weight of material as offered for sale.

HISTORY: Laws, 1978, ch. 322, § 3, eff from and after July 1, 1978.

§ 69-24-7. Labeling.

  1. The following information shall appear on the fact or display side of all containers or accompany bulk shipments of soil or plant amendments; it shall be in a readable and conspicuous form, and shall be considered the label:
    1. net weight
    2. brand name
    3. minimum guaranteed analysis amending ingredients

      name of ingredient . . . . . ._______________%

      and continued until all soil and/or plant amending ingredients are listed and percentages given.

    4. inert ingredients. . . . . ._______________%
    5. purpose of product
    6. direction for application
    7. name and address of the registrant
  2. No information or statement shall appear on any package, label, delivery slip, or advertising matter which is false or misleading to the purchaser as to the use, value, quality, analysis, type or composition of the soil or plant amendment.
  3. The commissioner and State Chemist may require proof of claims made for any soil or plant amendments. If no claims are made, the commissioner and State Chemist may require proof obtained in controlled scientific experiments of usefulness and value of the soil or plant amendment. For evidence of proof they may rely on experimental data, evaluation, or advice supplied from such sources as the director of the Mississippi Agricultural and Forestry Experiment Station and the director of the Mississippi Cooperative Extension Service. The experimental results shall be related to Mississippi conditions for which the product is intended. The commissioner and State Chemist may accept or reject other sources of proof cited as additional evidence in their evaluation of soil or plant amendments.
  4. No amending ingredient may be listed or guaranteed on the labels or labeling of soil or plant amendments without the permission of the commissioner and State Chemist. The commissioner and State Chemist may allow a soil or plant amending ingredient to be listed and guaranteed on the label or labeling if satisfactory supportive data is provided to substantiate the value and usefulness of such soil or plant amending ingredient. The commissioner and State Chemist may rely on outside sources such as the director of the Mississippi Agricultural and Forestry Experiment Station and the director of the Mississippi Cooperative Extension Service for assistance in evaluating the data submitted. When a soil amending ingredient is permitted to be listed or guaranteed, its concentration in the soil or plant amendment must be determinable by approved laboratory methods, and it shall be subject to inspection and analysis. The commissioner and State Chemist may prescribe methods and procedures of inspection and analysis of the soil or plant amending ingredient. The commissioner and State Chemist may stipulate, by regulation, the minimum qualities of soil or plant amending ingredient(s) required in soil or plant amendments.
  5. The commissioner and State Chemist may allow labeling by volume rather than weight in subsection (1) for liquid products. The commissioner and State Chemist may allow payment of inspection fees on a calculated weight equivalent to that volume.

HISTORY: Laws, 1978, ch. 322, § 4, eff from and after July 1, 1978.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 47, 49, 50.

CJS.

3 C.J.S., Agriculture § 93.

§ 69-24-9. Registration of each separate soil or plant amendment product.

  1. Each separately identified product shall be registered before being distributed in this state. The application for registration shall be submitted to the commissioner and State Chemist on the form furnished or approved by the commissioner and shall be accompanied by a fee of Twenty-five Dollars ($25.00) per product. Upon approval by the commissioner and State Chemist, a copy of the registration shall be furnished to the applicant. All registrations expire on June 30, following registration. Each manufacturer shall submit to the commissioner and State Chemist copies of labels and advertising literature with the registration request for each soil or plant amendment.
  2. A distributor shall not be required to register any brand of soil or plant amendment which is already registered under this act by another person, providing the label and labeling do not differ in any respect.
  3. Before registering any soil or plant amendment, the commissioner and State Chemist may require evidence to substantiate the claims made for the soil or plant amendment and proof of the value and usefulness of the soil or plant amendment as in Section 69-24-7(3), (4).
  4. The commissioner and State Chemist may, by regulation, set the minimum amount of any soil or plant amending ingredients that must be present before a soil or plant amendment can be registered and sold.
  5. If the application for renewal of the soil or plant amendment registration provided for in this section is not filed prior to July 1 of any one year, a penalty of Twenty-five Dollars ($25.00) shall be assessed and added to the original fee and shall be paid by the applicant before the renewal soil or plant amendment registration shall be issued; provided, however, that such penalty shall not apply if the applicant furnishes an affidavit that he has not distributed this soil or plant amendment subsequent to the expiration of his prior registration.

HISTORY: Laws, 1978, ch. 322, § 5, eff from and after July 1, 1978.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 49, 50.

CJS.

3 C.J.S., Agriculture § 92.

§ 69-24-11. Refusal or cancellation of registration; hearing.

The commissioner and State Chemist are authorized and empowered to refuse registration of a soil or plant amendment if they find the brand of soil or plant amendment violates any section of this chapter or the rules and regulations promulgated under this chapter. The commissioner and State Chemist are authorized and empowered to cancel the registration of any brand of soil or plant amendments upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this chapter, or any rules or regulations promulgated thereunder; provided, that no registration shall be revoked until the registrant shall have been given the opportunity to appear for a hearing by the commissioner and State Chemist.

HISTORY: Laws, 1978, ch. 322, § 6, eff from and after July 1, 1978.

§ 69-24-13. Inspection fees; tonnage payments; penalties; disclosure of information.

  1. There shall be paid to the commissioner for all soil or plant amendments distributed in this state an inspection fee of Thirty-five Cents ($.35) per ton. However, products sold in packages of ten (10) pounds or less or one (1) gallon or less shall be subject to an annual inspection fee of Fifty Dollars ($50.00) in lieu of the Thirty-five Cents ($.35) per ton fee. The annual inspection fee shall be paid upon date of registration.
  2. Every person who distributes a soil or plant amendment in the state shall file with the commissioner, on forms furnished by him, an annual statement setting forth the number of net tons of each soil or plant amendment distributed in the state during the previous year. The statement shall be due within thirty (30) days following the reporting year. The statement shall be accompanied by a payment of the inspection fee at the rate of Thirty-five Cents ($.35) per ton, except as specified in subsection (1) of this section.
  3. When more than one (1) distributor is involved in the distribution of a soil or plant amendment product, the last registrant who distributes to a nonregistrant (dealer or consumer) is responsible for reporting the tonnage and paying the inspection fees unless the reporting and paying of fees has been made by a prior distributor of the soil or plant amendment product. If the statement is not filed or is filed falsely, or the inspection fee is not paid within thirty (30) days following the reporting year, the commissioner and State Chemist may revoke the registration of the products and a penalty of Ten Dollars ($10.00) per day for each subsequent day shall be assessed against the registrant. The inspection fee and the penalty shall constitute a debt and become the basis for a judgment against the registrant, which may be collected by the commissioner and in any court of competent jurisdiction without prior demand.
  4. The statement required by this section shall not be a public record, and it shall be a misdemeanor for any person to divulge any information given in the statement which would reveal the business operations of a person or registrant filing the statement; provided, however, that nothing contained in this subsection shall be construed to prevent or make unlawful the use of information concerning the business operation of any registrant in any action, suit, or proceeding instituted under this chapter, including any civil action for collection of unpaid inspection fees, which action is hereby authorized and which shall be as an action at law in the name of the commissioner.
  5. All fees paid to the commissioner for registration, inspection, or penalties for product deficiencies shall be deposited into the General Fund account of the State of Mississippi.

HISTORY: Laws, 1978, ch. 322, § 7, eff from and after July 1, 1978; Laws, 2018, ch. 305, § 1, eff from and after July 1, 2018.

Amendment Notes —

The 2018 amendment, in (1), divided the former first sentence into the first and second sentences by substituting “Thirty-five Cents ($.35) per ton. However, products” for “Thirty-five Cents ($.35) per ton; provided, however, that products”; in (2), substituted “an annual statement” for “quarterly statements for periods ending September 30, December 31, March 31 and June 30” and “the previous year” for “such quarter” in the first sentence, and “the reporting year” for “each quarter” in the second sentence; substituted “statement” for “report” and “the reporting year” for “each quarter” in the second sentence of (3); substituted “statement” for “report” three times and “registrant filing the” for “registrant making the” in (4); and made minor stylistic changes throughout.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 49, 50.

CJS.

3 C.J.S., Agriculture § 91.

§ 69-24-15. Sampling, inspection and analysis.

  1. It is the duty of the commissioner and State Chemist, who may act through their duly authorized agents, to sample, inspect, make analyses of, and test soil or plant amendments distributed within the State of Mississippi at any time and place, and to such an extent they may deem necessary to determine whether such soil or plant amendments are in compliance with the provisions of this chapter. The commissioner, individually or through his agents, is authorized to enter upon any public or private premises of carriers during regular business hours in order to have access to soil or plant amendments subject to provisions of the chapter and the rules and regulations pertaining thereto, and to the records relating to their distribution.
  2. The methods of analysis and sampling shall be those adopted by the State Chemist from sources such as the Association of Official Analytical Chemists, or other sources acceptable to the State Chemist.
  3. The results of official analyses of soil or plant amendments and portions of official samples shall be distributed by the State Chemist as provided by regulation.

HISTORY: Laws, 1978, ch. 322, § 8, eff from and after July 1, 1978.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 49, 50.

CJS.

3 C.J.S., Agriculture § 91.

§ 69-24-17. Penalties for deficient analysis; determination of commercial values.

  1. If the analysis shall show that any soil or plant amendment falls short of the guaranteed analysis in any one (1) soil or plant amending ingredient, or in total soil or plant amending ingredients, beyond “investigational allowances” as established by regulation, a penalty of three (3) times the commercial value of such deficiency shall be assessed against the registrant by the commissioner on all the products represented by the sample analyzed.
  2. All penalties assessed under this section shall be paid to the commissioner within thirty (30) days after the date of notice to the registrant from the Department of Agriculture and Commerce. The commissioner shall deposit the amount of the penalty into the General Funds account of the State Treasury.
  3. Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsection (1) and (2) above.
  4. The penalties payable in subsections (1) and (2) above shall in no manner be construed as limiting the consumer’s right to bring a civil action in damage against the registrant paying said civil penalties.
  5. For the purpose of determining commercial values to be applied under the provisions of this section, the commissioner shall determine from the registrant’s sales invoice the values charged for the soil or plant amending ingredients. If no invoice is available or if the invoice fails to provide sufficient information, the commissioner may use other methods to determine values. The values so determined shall be used in determining and assessing penalties.

HISTORY: Laws, 1978, ch. 322, § 9, eff from and after July 1, 1978.

§ 69-24-19. Misbranding.

No person shall distribute a misbranded soil or plant amendment. A soil or plant amendment shall be deemed to be misbranded if:

its labeling is false or misleading in any particular;

if it is distributed under the name of another soil or plant amendment;

if it is not labeled as required in Sections 69-24-7 and 69-24-9 and in accordance with regulations prescribed under this chapter;

if it purports to be or is represented as a soil or plant amendment or represented as containing a soil or plant amendment, unless such soil or plant amendment conforms to the definitions of identity, if any, prescribed by regulation. In the adopting of such regulations, the commissioner and State Chemist shall give due regard to commonly accepted definitions and official terms such as those issued by the Association of American Plant Food Control Officials; or

if it does not conform to ingredient form, minimums, labeling and investigational allowances in the regulations adopted by the commissioner and State Chemist.

HISTORY: Laws, 1978, ch. 322, § 10, eff from and after July 1, 1978.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 49, 50.

CJS.

3 C.J.S., Agriculture § 93.

§ 69-24-21. Adulteration.

No person shall distribute an adulterated soil or plant amendment. A soil or plant amendment shall be deemed to be adulterated if:

it contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, human, animal or aquatic life when applied in accordance with directions for use on the label, or if adequate warning statements and directions for use, which may be necessary to protect plant, human, animal or aquatic life are not shown upon the label;

if its composition falls below or differs from that which it is purported to possess by its labeling; or

if it contains unwanted crop or weed seed, or primary noxious or secondary noxious weed seed.

HISTORY: Laws, 1978, ch. 322, § 11, eff from and after July 1, 1978.

§ 69-24-23. “Stop sale, use or removal” orders.

The commissioner may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lot of soil or plant amendment and to hold at a designated place, when the commissioner finds said soil or plant amendment is offered or exposed for sale in violation of any of the provisions of this chapter, until the law has been complied with and said soil or plant amendment is released in writing by the commissioner, or said violation has been otherwise legally disposed of by written authority. The commissioner shall release the soil or plant amendment so withdrawn when the requirements of the provisions of the chapter have been complied with and all costs and expenses incurred in connection with the withdrawal from sale have been paid.

HISTORY: Laws, 1978, ch. 322, § 12, eff from and after July 1, 1978.

§ 69-24-25. Violations; notice; hearings; penalties; warnings; injunctive relief.

  1. If it shall appear from the examination of any soil or plant amendment that any of the provisions of this chapter or the rules and regulations issued thereunder have been violated, the commissioner shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom said sample was taken. Any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the commissioner and State Chemist. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this chapter or rules and regulations issued thereunder have been violated, the commissioner and State Chemist may certify the facts to the proper prosecuting attorney.
  2. Any person convicted of violating any provision of this chapter or the rules and regulations issued thereunder shall be guilty of a misdemeanor and punished as provided for in Section 99-19-31. Appeals from convictions under this subsection shall be as in other cases at law.
  3. Nothing in this chapter shall be construed as requiring the commissioner, State Chemist or their representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when they believe that the public interests will be best served by a suitable notice of warning in writing.
  4. It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
  5. 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 chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.

HISTORY: Laws, 1978, ch. 322, § 13, eff from and after July 1, 1978.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 49, 50.

CJS.

3 C.J.S., Agriculture §§ 94 et seq.

§ 69-24-27. Adoption and enforcement of rules and regulations.

The commissioner and State Chemist may adopt, amend or repeal rules and regulations relating to sampling, analytical methods, forms, minimum percentage, soil or plant amending ingredients, exempted materials, investigational allowances, definitions, records, labels, labeling, liability bond, misbranding, mislabeling and the distribution of soil or plant amendments as may be necessary to carry into effect the full intent and meaning of this chapter.

HISTORY: Laws, 1978, ch. 322, § 14; Laws, 2004, ch. 518, § 2, eff from and after July 1, 2005.

Amendment Notes —

The 2004 amendment substituted “may adopt, amend or repeal rules and regulations” for “are authorized to prescribe and, after a public hearing following due public notice, to adopt and enforce such rules and regulations.”

Chapter 25. Plants, Plant and Bee Diseases

Article 1. Division of Plant Industry; Plant Diseases and Pests.

§ 69-25-1. Definitions.

For the purpose of this article, the following terms shall be construed, respectively, to mean:

Division of Plant Industry – means the Bureau of Plant Industry within the Regulatory Office of the Mississippi Department of Agriculture and Commerce.

Insect pests – means insects or other invertebrates injurious to plants and plant products.

Noxious weed – means a plant species or classified group of plants declared by the Bureau of Plant Industry to be a public nuisance or to be especially injurious to the environment, to agricultural and horticultural production or to wildlife and which should be controlled and the dissemination of which prevented.

Plant diseases – means fungi, bacteria, nematodes and viruses injurious to plants and plant products and the pathological condition in plants and plant products caused by fungi, bacteria, nematodes and viruses. This definition shall also include plants which are parasitic or partially parasitic on other plants such as “witch weed”, Striga asiatica, a serious parasitic plant of corn and other members of the grass family.

Plants and plant products – Trees, shrubs, seedlings, vines, forage and cereal plants, and all other plants; cuttings, grafts, scions, buds and all other parts of plants and fruits, vegetables, roots, bulbs, seeds, wood, timber and all other plant products.

Places – Vessels, cars and other vehicles, buildings, docks, nurseries, orchards and other premises, where plants and plant products are grown, kept or handled.

Persons – Individuals, associations, partnerships and corporations.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382b; 1930, § 6958; 1942, § 4979; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 2; Laws, 1991, ch. 530, § 19; Laws, 2003, ch. 401, § 1, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment added the definition for “Noxious weed” in the fourth paragraph.

Cross References —

Definitions relating to agricultural seeds, see §69-3-1.

§ 69-25-3. Bureau of plant industry; advisory board.

The State Plant Board is abolished and its duties are transferred to the Commissioner of Agriculture and Commerce, and it shall henceforth be known as the Bureau of Plant Industry.

There is created an Advisory Board to the Bureau of Plant Industry, composed of the following: the State Chemist; the head of the Entomology and Plant Pathology Department, Mississippi State University of Agriculture and Applied Science; the head of the Plant and Soil Science Department, Mississippi State University of Agriculture and Applied Science; Alcorn State University Director of Agriculture and Applied Sciences; and, for a period of two (2) years, the following: one (1) soil conservation district commissioner appointed by the commissioner; two (2) residents of Mississippi who engage in the production of any crop, appointed by the commissioner; one (1) resident of the State of Mississippi who is a commercial applicator holding a license issued under the rules and regulations of the Bureau of Plant Industry, appointed by the commissioner; one (1) resident of the State of Mississippi who is a restricted use pesticide registrant or an employee of such person, appointed by the commissioner; one (1) resident of the State of Mississippi who is either a wholesale or retail horticulturist, appointed by the commissioner, and one (1) resident of the State of Mississippi who is a licensed landscape contractor, appointed by the commissioner, who shall serve with no compensation and whose duties are to advise the commissioner on all matters regarding the Bureau of Plant Industry. The commissioner shall meet annually with the advisory board and the Director of the Bureau of Plant Industry. It is the intent and purpose of this section to maintain the domicile of this division of the Department of Agriculture and Commerce at Mississippi State University of Agriculture and Applied Science, Mississippi State, Mississippi.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382c; 1930, § 6957; 1942, § 4978; Laws, 1920, ch. 252; Laws, 1968, ch. 247, § 1; Laws, 1971, ch. 446, § 1 1979, ch. 338, § 2; Laws, 1991, ch. 519, § 1; Laws, 1995, ch. 577, § 1; Laws, 2000, ch. 372, § 1; Laws, 2003, ch. 401, § 2, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment substituted “annually” for “quarterly” in the next-to-last sentence of the last paragraph.

Cross References —

Authority of commissioner to make and enforce regulations, see §§69-19-1,69-23-9,69-25-7.

No rule or regulation adopted under the terms of Article 3 of Chapter 21 to be effective unless first approved by the Advisory Board of the Bureau of Plan Industry, see §69-21-109.

Use of pesticide registration fees by Division of Plant Industry and Department of Environmental Quality to carry out program of protecting underground water resources from pesticides, and advisory board’s approval of cancellation or suspension of pesticide registration, see §69-23-7.

Cancellation or suspension of pesticide registration on ground of imminent hazard, by Commissioner of Environmental Quality, with approval of advisory board provided for in this section, see §69-23-7.

Duty of advisory board to approve regulations to carry out the Pesticide Application Law, see §69-23-109.

Use of fertilizer registration fees by Division of Plant Industry and Department of Environmental Quality to carry out program of protecting underground water resources from fertilizers, see §75-47-7.

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

§ 69-25-5. Director of the Bureau of Plant Industry; State Entomologist.

The Commissioner of Agriculture and Commerce shall appoint a full-time executive secretary and director, hereinafter called the “Director of the Bureau of Plant Industry,” whose office shall be at Mississippi State University of Agriculture and Applied Science. The director shall serve at the will and pleasure of the commissioner and shall receive a salary in an amount to be determined by the commissioner. It shall be the duty of the director to enforce the rules and regulations adopted by the commissioner and to perform such other functions that may be assigned to him by the commissioner.

The Commissioner of Agriculture and Commerce and the Director of the Bureau of Plant Industry shall appoint a full-time State Entomologist, who shall be a qualified entomologist and whose office shall be at Mississippi State University of Agriculture and Applied Science.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382c; 1930, § 6957; 1942, §§ 4978, 4978.5; Laws, 1920, ch. 252; Laws, 1968, ch. 247, § 1; Laws, 1971, ch. 446, §§ 1, 24; Laws, 1972, ch. 369, § 1; Laws, 2000, ch. 372, § 2; Laws, 2003, ch. 401, § 3, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment deleted the former last paragraph which read: “The full-time executive secretary and director provided for in the first paragraph of this section shall carry out the statutory functions of the executive officer of the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, as provided in Section 69-21-107. He shall serve a term of office on the State Board of Agricultural Aviation on a continuous basis as long as he performs his functions as executive secretary or director.”

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

§ 69-25-7. Powers and duties of commissioner.

  1. The Commissioner of Agriculture and Commerce may conduct inspections and promulgate and enforce quarantine regulations as may be necessary in carrying out the provisions of this article.
    1. The Commissioner of Agriculture and Commerce shall, from time to time, make rules and regulations for carrying out the provisions and requirements of this article, including rules and regulations under which his inspectors and other employees shall:
      1. Inspect places, plants and plant products, and things, and substances used or connected therewith;
      2. Investigate, control, eradicate and prevent the dissemination of insect pests, diseases and noxious weeds; and
      3. Supervise or cause the treatment, cutting and destruction of plants and plant products and other things infested or infected therewith.
    2. No rule or regulation shall be effective unless first submitted to and approved by the advisory board established under the provisions of Section 69-25-3.
    3. The inspectors and employees employed by the commissioner may carry out and execute the regulations and orders of the commissioner and under direction of the commissioner carry out the provisions of this article.
  2. To carry out the provisions of this article, the commissioner or his representative may enter into compacts and memorandums of agreement and/or understanding with governmental agencies or private organizations. The Bureau of Plant Industry may establish statewide or regional cooperative weed management areas for any or all of the weeds listed as noxious under officially promulgated regulations. Under such authority, the Bureau of Plant Industry may serve as lead agency in establishing control and/or eradication programs for regulated pests and noxious weeds and actively seek grants and external resources to provide matching resources for other avenues of funding.

HISTORY: Codes, Hemingway’s 1921 Supp. §§ 6382d, 6382h; 1930, §§ 6959, 6963; 1942, §§ 4980, 4984; Laws, 1920, ch. 252; Laws, 1971, ch. 446, §§ 3, 7; Laws, 2003, ch. 401, § 4; Laws, 2008, ch. 358, § 1, eff from and after passage (approved Mar. 26, 2008.).

Amendment Notes —

The 2003 amendment in (2), inserted “and noxious weeds” preceding “and (c) supervise or cause the treatment” and made a minor stylistic change.

The 2008 amendment, in (1), substituted “may conduct” for “is empowered to conduct,” and made minor stylistic changes; rewrote (2); and added (3).

Cross References —

Services available from Mississippi State Chemical Laboratory, see §§57-21-1 et seq.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 32 et seq.

CJS.

3 C.J.S., Agriculture §§ 47 et seq.

§ 69-25-9. Duties of commissioner and persons having knowledge of infected plants.

The Commissioner of Agriculture and Commerce shall keep himself informed as to known varieties of insect pests, diseases and noxious weeds, their origin, locality, nature and appearance thereof, the manner in which they are disseminated, and approved methods of treatment and eradication.

The Commissioner of Agriculture and Commerce, in his rules and regulations made pursuant to this article, shall list the insect pests, diseases and noxious weeds, of which he shall find that the introduction into, or the dissemination within, this state should be prevented in order to safeguard the environment, agricultural and horticultural production and the plants and plant products of this state, together with the plants and plant products and other things likely to become infested or infected with such insect pests, diseases and noxious weeds. Every such insect pest, disease and noxious weed listed, and every plant and plant product and other thing infected therewith, is hereby declared to be a public nuisance. Every person who has knowledge of the presence of any insect pest, disease or noxious weed listed, as required by this section, in the rules and regulations made pursuant to this article, in or upon any place, shall immediately report same to the commissioner or an inspector therefor giving such detailed information relative thereto as he may have. Every person who deals in or engages in the sale of plants and plant products or other things infested or infected, or likely to be or become so shall furnish to the commissioner or his inspectors, when requested, a statement of the names and addresses of the persons from whom and the localities where he purchased or obtained such plants and plant products, and other things infested or infected, or likely to be or become so.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382g; 1930, § 6962; 1942, § 4983; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 6; Laws, 2003, ch. 401, § 5, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment inserted “and noxious weeds their” following “insect pests diseases” in the first paragraph; in the second paragraph, inserted “and/or noxious weed(s)” three times, and inserted “environment agricultural and horticultural production and the” following “in order to safeguard” in the first sentence, in the second sentence inserted “disease and noxious weed.”

§ 69-25-10. Repealed.

Repealed by its own terms effective July 1, 2016.

§69-25-10. [Laws, 2012, ch. 502, § 4; Laws, 2015, ch. 306, § 1, eff from and after July 1, 2015.]

Editor’s Notes —

Former §69-25-10 prohibited the cultivation of certain nonnative plant species for the purpose of fuel production without a special permit.

§ 69-25-11. Inspections and quarantine; enforcement of.

The inspections and the quarantine enforcement referred to in this article shall be conducted under the direction of the Commissioner of Agriculture and Commerce by the Director of the Bureau of Plant Industry and the State Entomologist at Mississippi State University of Agriculture and Applied Science and such assistants as may become necessary. It shall be the duty of the Director of the Bureau of Plant Industry and the State Entomologist to make recommendations to the commissioner regarding quarantines and regulations.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382e; 1930, § 6960; 1942, § 4981; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 4; Laws, 2003, ch. 401, § 6, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment inserted “Director of the Bureau of Plant Industry and the” preceding “State Entomologist” twice in the introductory language.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 28, 29, 32, 39 et seq.

CJS.

3 C.J.S., Agriculture § 52.

§ 69-25-13. Inspectors may be employed.

For the purpose of carrying out the provisions of this article, the Commissioner of Agriculture and Commerce may employ, prescribe the duties of, and fix the compensation of, such inspectors and other employees as he may require and incur such expenses as may be necessary, within the limits of appropriations made by law. He shall cooperate with other departments, boards and officers of this state and of the United States as far as practicable.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382f; 1930, § 6961; 1942, § 4982; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 5, eff from and after July 1, 1971.

§ 69-25-15. How infected or defective plants and products dealt with.

Whenever an inspection made pursuant to this article discloses that any places, or plants, or plant products or things or substances used or connected therewith, are infested or infected with any insect, pest, disease or noxious weed listed as a public nuisance, or are dead or of stock so seriously weakened by drying, excessive heat or cold, or any other condition that makes it unable to grow satisfactorily when given reasonable care, as required above herein, in the rules and regulations made pursuant hereto, written notice thereof shall be given the owner or other person in possession or control of the place where found and such owner or other person shall proceed to control, eradicate or prevent the dissemination of such insect, pest, disease or noxious weed, and to remove, cut or destroy infested and infected plants and plant products, or dead or dying plants, or things or substances used or connected therewith, within the time and in the manner prescribed by said notice or the said rules and regulations. Whenever such owner or other person cannot be found, or shall fail, neglect or refuse to obey the requirements of said notice and the rules and regulations so made, such requirements shall be carried out by inspectors or other employees of the Commissioner of Agriculture and Commerce as the law allows.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382i; 1930, § 6964; 1942, § 4985; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 8; Laws, 1974, ch. 380; Laws, 2003, ch. 401, § 7, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment inserted “or noxious weed” following “pest, disease” twice in the first sentence and added “as the law allows” at the end of the last sentence.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 39 et seq.

8 Am. Jur. Pl & Pr Forms (Rev), Crops, Forms 1 et seq. (abatement of agricultural nuisances).

CJS.

3 C.J.S., Agriculture §§ 52 et seq.

§ 69-25-17. How proscribed plants and products may be shipped.

It shall be unlawful for any person to bring or cause to be brought into this state any plant or plant product or other thing listed as required above herein, in the rules and regulations made pursuant hereto, unless thereby plainly and legibly marked thereon or affixed thereto, or on or to the car or other vehicle carrying, or the bundle, package or other container of the same, in a conspicuous place, a statement or a tag or other device showing the names and addresses of the consignors or shippers and the consignee or person to whom shipped, the general nature and quantity of the contents, and the name of the locality where grown or shipped, together with a certificate of inspection of the proper official of the state, territory, district or county from which it was brought or shipped, showing that such plant or plant product or other thing or substance was found or believed to be free from insect pests, diseases and noxious weeds, and any other information required by the Commissioner of Agriculture and Commerce such as certificates of fumigation.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382j; 1930, § 6965; 1942, § 4986; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 9; Laws, 2003, ch. 401, § 8, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment, near the end of the introductory language, inserted “and noxious weeds” following “diseases” and added “such as certificates of fumigation.”

§ 69-25-19. Unlawful to ship and deal in proscribed plants before inspection.

It shall be unlawful for any person to sell, give away, carry, ship, or deliver for carriage or shipment within this state, any plants or plant products or other thing or substitute listed, as required in such rules and regulations made by the Commissioner of Agriculture and Commerce unless such plant or plant products or other thing or substance have been officially inspected and a certificate issued by an inspector of the commissioner stating that the plants or plant products or other thing or substance have been inspected and found to be apparently free from insect pests, diseases and noxious weeds, and any other facts provided for in the rules and regulations made pursuant to this statute. For the issuance of such certificate, the commissioner may require the payment of a reasonable fee to cover the expense of such an inspection and certification provided, however, that if such plants or plant products or other thing or substance were brought into the state in compliance with the requirements of law such certificate required may be accepted in lieu of the inspection and certificate required by this section in such cases as shall be provided for in the rules and regulations made hereunder. If it shall be found at any time that a certificate of inspection issued or accepted pursuant to the provisions of this section is being used in connection with plants and plant products or other things or substances which are infested or infected with insect pests, diseases or noxious weeds listed in the rules and regulations, its further use may be prohibited, subject to such inspection and other dispositions of the plants and plant product involved as may be provided for by the commissioner. All monies collected by the commissioner where not otherwise provided shall be deposited in the State Treasury to the credit of the General Fund revenue receipts.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382k; 1930, § 6966; 1942, § 4987; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 10; Laws, 2003, ch. 401, § 9, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment deleted “said” preceding “plants or plant products,” in the first sentence, and added “and noxious weeds” following “diseases” twice in the introductory language.

§ 69-25-21. Suspected plants or products; information to be furnished commissioner.

Any person in this state who receives from without the state any plant or plant product, or other thing or substance as to which the requirements of section next before the last above have not been complied with, or who receives any plant or plant product, or other thing or substance, sold, given away, carried, shipped, or delivered for carriage or shipment within this state as to which the requirements of next foregoing section have not been complied with, shall immediately inform the Commissioner of Agriculture and Commerce or an inspector thereof and isolate and hold the plant or plant product or other thing or substance unopened or unused subject to such inspection and other disposition as may be provided for by the commissioner.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382l; 1930, § 6967; 1942, § 4988; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 11; Laws, 2003, ch. 401, § 10, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment substituted “plant or plant product” for “said plant product” near the end of the introductory language.

§ 69-25-23. Infected localities outside of state; shipments from prohibited.

Whenever the Commissioner of Agriculture and Commerce finds that there exists outside of this state any destructive or nuisance insect pest, disease or noxious weed, the commissioner may give public notice thereof, specifying the locations, the plants and the plant products infested, infected or declared noxious and which are likely to become infested or infected therewith. In order to safeguard the environment, agricultural and horticultural production, plants and plant products, the movement of such plants or plant products or other things or substances into this state from the infected or infested locality shall thereafter be prohibited until the commissioner determines that the danger of the introduction into this state of such insect pests, diseases or noxious weeds from such locality has ceased to exist.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382m; 1930, § 6968; 1942, § 4989; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 12; Laws, 2003, ch. 401, § 11, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment rewrote the section.

§ 69-25-25. Infected localities within this state; how dealt with.

Whenever the Commissioner of Agriculture and Commerce shall find that there exists in this state, or any part thereof, any insect pest, disease or noxious weed, and that its dissemination should be controlled or prevented, the commissioner shall give public notice thereof, specifying the plants or plant products or other thing or substance infested, infected or declared noxious or likely to become infested or infected therewith, and the movement, planting or other use of any such plant or plant product, or other thing or substance specified in such notice as likely to carry and disseminate such insect pest, disease or noxious weed, except under such conditions as shall be prescribed by the commissioner as to inspection, treatment and disposition, shall be prohibited within such area as may be designated in the public notice until the commissioner shall find that the danger of the dissemination of such insect pest, disease or noxious weed has ceased to exist, of which the commissioner shall give public notice.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382n; 1930, § 6969; 1942, § 4990; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 13; Laws, 2003, ch. 401, § 12, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment inserted “or noxious weed” following “disease” throughout the section, inserted “declared noxious or” following “infected or” and made nonsubstantive changes.

RESEARCH REFERENCES

Am. Jur.

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

CJS.

3 C.J.S., Agriculture §§ 47 et seq.

§ 69-25-27. Shipment through the state may be prohibited.

By virtue of the powers conferred herein and for the purpose of protecting the environment, agricultural and horticultural production, the plant life and plant products of this state, the Commissioner of Agriculture and Commerce may prevent and prohibit the introduction into the state for the purpose of transportation through the state of any such plants and plant products or other things or substance hereinbefore mentioned to the same extent and for the same purpose and with the same authority that is provided above with reference to the introduction of the same into the state.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382u; 1930, § 6976; 1942, § 4997; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 20; Laws, 2003, ch. 401, § 13, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment inserted “environment, agricultural and horticultural production, the” at the beginning of the introductory language.

§ 69-25-29. How shipments through the state may be made.

The Commissioner of Agriculture and Commerce for the same purposes and in the same manner and with the same authority, as provided in Section 69-25-27, may prohibit and prevent the introduction into or the transportation through the state of any such plants and plant products or other thing or substance except when contained in such container, car, boat, or vehicle and shall prevent the escape or waste of any part of the same while being introduced into or transported through the state, and may likewise prohibit and prevent the opening of such container, car, boat, or vehicle containing such plant or plant product or other thing or substance within the state.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382v; 1930, § 6977; 1942, § 4998; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 21, eff from and after July 1, 1971.

§ 69-25-31. Reciprocal agreements.

The Commissioner of Agriculture and Commerce shall have power to make reciprocal agreements with the responsible officials of other states under which nursery stock or plants from any other state may be sold or delivered in Mississippi under the same conditions required for the sale or delivery of Mississippi nursery stock or plants in the state concerned.

HISTORY: Codes, 1942, § 4999; Laws, 1936, ch. 203; Laws, 1971, ch. 446, § 22, eff from and after July 1, 1971.

§ 69-25-33. Boards of supervisors and municipal governing bodies may appropriate money to cooperate with the commissioner.

The boards of supervisors in the various counties of the state and the governing bodies in the various municipalities of the state are hereby authorized and empowered, in their discretion, to appropriate money out of the general funds of the counties and municipalities to be used for the purpose of cooperating with the Commissioner of the Department of Agriculture and Commerce in eradicating serious insect pests, rodents, plant parasites, plant diseases and noxious weeds and in protecting the counties and municipalities from serious insect pests, rodents, plant parasites, plant diseases and noxious weeds.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382x; 1930, § 6978; 1942, § 5000; Laws, 1920, ch. 219; Laws, 1958, ch. 149; Laws, 1971, ch. 446, § 23; Laws, 1972, ch. 369, § 2; Laws, 2003, ch. 401, § 14, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment inserted “and noxious weeds” twice following “plant diseases.”

Cross References —

Promotion of agriculture by county extension department and board of supervisors, see §19-5-63.

Eradication of fire ants by county, see §19-9-99.

§ 69-25-35. Suspected premises and article may be examined.

For the purpose of carrying out the provisions and requirements of this article, and of the rules and regulations made, and notices given, pursuant thereto, the Commissioner of Agriculture and Commerce and his inspectors and employees shall have power to enter in or upon any place, and to open any bundle, package or other container containing or thought to contain plants or plant products.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382o; 1930, § 6970; 1942, § 4991; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 14, eff from and after July 1, 1971.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 28, 29, 32, 38 et seq.

CJS.

3 C.J.S., Agriculture §§ 48 et seq.

§ 69-25-37. Remedy of person affected.

Any person affected by any rule or regulations made, or notice given, pursuant to this article, may have a review thereof by the Commissioner of Agriculture and Commerce for the purpose of having such rule, regulation or notice modified, suspended or withdrawn. Such review shall be allowed and considered and the cost thereof fixed, assessed, collected and paid in such manner and in accordance with such rules and regulations as may be prescribed by the commissioner.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382p; 1930, § 6971; 1942, § 4992; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 15, eff from and after July 1, 1971.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 43.

CJS.

3 C.J.S., Agriculture § 53.

§ 69-25-39. Act of agent or officer deemed the act of principal or company.

In construing and enforcing the provisions of this article, omission or failure of any official, agent or other person acting for or employed by any association, partnership, or corporation within the scope of his employment of office shall, in every case, also be deemed the act, omission or failure of such association, partnership or corporation as well as that of the person.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382r; 1930, § 6973; 1942, § 4994; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 17, eff from and after July 1, 1971.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 46.

CJS.

3 C.J.S., Agriculture §§ 53 et seq.

§ 69-25-41. Commissioner or any of his employees may sue out injunctions.

The Commissioner of Agriculture and Commerce or any of his inspectors or employees shall be a proper party in any court of equity to effectively carry out any of the provisions of this article when an injunction would be a proper remedy.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382s; 1930, § 6974; 1942, § 4995; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 18, eff from and after July 1, 1971.

§ 69-25-43. This article not to conflict with any act of Congress.

The provisions of this article shall not be so construed or enforced as to conflict in any way with any act of Congress regulating the movement of plants or plant products in interstate or foreign commerce.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382t; 1930, § 6975; 1942, § 4996; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 19, eff from and after July 1, 1971.

§ 69-25-45. Enforcement of rules and regulations.

The Commissioner of Agriculture and Commerce shall have power and authority to enforce his rules, ordinances and regulations in any court of competent jurisdiction by civil, as well as criminal proceedings, and if the remedy to be pursued be by writ of injunction, no court of this state shall have right previous to a trial upon the merits to set aside such writ on bond. It shall be the duty of the attorney general, district attorneys and county attorneys to represent said commissioner whenever called upon to do so. Said commissioner in the discharge of his duties and the enforcement of the powers herein delegated, may send for books and papers, administer oaths, hear witness, etc., and to that end it is made the duty of the various sheriffs throughout the state to serve all summons and other papers upon the request of said commissioner.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382q; 1930, § 6972; 1942, § 4993; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 16, eff from and after July 1, 1971.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 28, 29, 32, 38 et seq.

CJS.

3 C.J.S., Agriculture §§ 47 et seq.

§ 69-25-47. Penalty for violations.

  1. Any person who shall violate any provisions or requirements of this article, or of the rules and regulations made or of any notice given pursuant thereto or shall forge, counterfeit, deface, destroy or wrongfully use any certificate provided for herein or in the rules and regulations made pursuant thereto, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment at the discretion of the court having jurisdiction.
  2. In addition to the criminal penalty imposed under subsection (1) of this section, each violation of this article or the applicable rules and regulations established by the commissioner pertaining hereto shall subject the violator to administrative action as provided in Sections 69-25-51 through 69-25-63.

HISTORY: Codes, Hemingway’s 1921 Supp. § 6382q; 1930, § 6972; 1942, § 4993; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 16 eff from and after July 1, 1971; Laws, 2003, ch. 401, § 15; Laws, 2012, ch. 502, § 1, eff from and after July 1, 2012.

Amendment Notes —

The 2003 amendment substituted “One Thousand Dollars ($1,000.00)” for “five hundred dollars ($500.00).”

The 2012 amendment added (2).

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 2. Administrative Hearing Procedure for Bureau of Plant Industry.

§ 69-25-51. Alleged violation of rules and regulations of Bureau of Plant Industry; right to hearing; Director of the Bureau of Plant Industry as reviewing officer; determination; penalty.

  1. When any administrative allegation or charge is made against a person for violating the rules and regulations of the Bureau of Plant Industry of the Mississippi Department of Agriculture and Commerce or the laws under Sections 69-3-1 through 69-3-29, Sections 69-19-1 through 69-19-15, Sections 69-21-101 through 69-21-128, Sections 69-23-1 through 69-23-135, Sections 69-25-1 through 69-25-47 or Sections 69-25-101 through 69-25-109, Mississippi Code of 1972, the Director of the Bureau of Plant Industry, or his designee, shall act as the reviewing officer. The complaint must be in writing, signed by the person making the charge, and filed in the Office of the Bureau of Plant Industry. The department shall send a copy of the complaint and any supporting documents to the person accused along with a summons requiring the accused to respond to the allegations within thirty (30) days. The notification shall be accomplished by any of the methods provided for in Rule 4 of the Mississippi Rules of Civil Procedure or by certified mail. If the accused does not respond within the thirty-day period, he shall be considered to be in default. Upon receipt of the response and any supporting documents from the accused, the reviewing officer shall determine the merits of the complaint. The reviewing officer may meet informally with the accused and discuss the alleged violation with him.
  2. If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint.
  3. If the reviewing officer determines that there is substantial evidence that a violation has occurred or if the accused admits to the truth of the allegations upon which the complaint is based, the reviewing officer may impose an appropriate penalty on the accused, which may be any or all of the following:
    1. Issue a warning letter.
    2. Suspend, modify, deny, cancel or revoke any license or permit granted by the department to the accused.
    3. Issue a stop sale order with regard to any pesticide, plant or other material regulated by the department that is mislabeled or otherwise not in compliance with applicable law or regulations.
    4. Require the accused to relabel any pesticide, plant or other material regulated by the department that is mislabeled.
    5. Seize any pesticide, plant or other material regulated by the department and sell, destroy or otherwise dispose of the material and apply the proceeds of the sale to the state’s expenses and any fees or penalties levied under this article.
    6. Refuse to register, cancel or suspend the registration of a pesticide, plant or other material that is not in compliance with any applicable law or regulation.
    7. Levy a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00) for each violation.

      In determining the amount of the penalty, the reviewing officer shall consider the appropriateness of the penalty for the particular violation, the effect of the penalty on the person’s ability to continue in business and the gravity of the violation.

  4. If the accused requests a hearing with the department, in writing, within thirty (30) days from receipt of the decision of the reviewing officer, the commissioner shall appoint three (3) members of the advisory board to the Bureau of Plant Industry to act as a hearing committee and a hearing shall be scheduled. If the accused fails to request a hearing within the thirty-day period, the decision of the reviewing officer is final.

HISTORY: Laws, 1992, ch. 474, § 1; Laws, 2005, ch. 533, § 1; Laws, 2008, ch. 353, § 1; Laws, 2009, ch. 515, § 17; Laws, 2012, ch. 502, § 2; Laws, 2013, ch. 407, § 4, eff from and after July 1, 2013.

Editor’s Notes —

Section69-19-11 referred to in (1) was repealed by Laws, 1997, ch. 449, § 5, eff from and after passage (approved March 25, 1997). For current provisions, see §69-19-15.

Amendment Notes —

The 2005 amendment rewrote the section to revise the administrative hearing procedure for the Bureau of Plan Industry.

The 2008 amendment deleted “or” following “Refuse to register” in (3)(f); and in (3)(g), deleted the last sentence, which provided for the repeal of that paragraph, effective July 1, 2008.

The 2009 amendment substituted “Sections 69-21-101 through 69-21-128” for “Sections 69-21-1 through 69-21-27” in (1); and in (3), substituted “under this article” for “hereunder” at the end of (e); and made minor stylistic changes in (e) and in the last paragraph of (g).

The 2012 amendment added “Sections 69-25-1 through 69-25-47 or Sections 69-25-101 through 69-25-109” in the first sentence in (1).

The 2013 amendment inserted “Sections 69-3-1 through 69-3-29” in the first sentence of (1).

Cross References —

Mississippi Administrative Procedures Law, see generally §§25-43-1 et seq.

Bureau of Plant Industry, see generally §§69-25-1 et seq.

Civil penalty for violation of statute set forth in this section, see §69-25-61.

Procedure for notification and summons under the Mississippi Rules of Civil Procedure, see Miss. R. Civ. P. 4.

RESEARCH REFERENCES

Am. Jur.

2 Am. Jur. 2d, Administrative Law §§ 287 et seq.

1A Am. Jur. Pl & Pr Forms (Rev), Administrative Law, Forms 74, 75 (notice of complaint and of alleged violation).

CJS.

73 C.J.S., Public Administrative Law and Procedure § 146.

§ 69-25-53. Hearing procedure; decision of hearing committee.

  1. Within a reasonable time after the accused’s request for a hearing, the hearing committee shall conduct an evidentiary hearing. For good cause shown, the hearing committee may grant a continuance of the hearing. Written notice of the date, time and place of such hearing shall be delivered to the accused not less than fifteen (15) days prior to the hearing.
  2. A court reporter shall be in attendance and shall record the proceedings. 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. The parties may offer oral testimony through witnesses and shall have the right of cross-examination. The rules of evidence shall be relaxed.
  3. At the hearing, the hearing committee may administer oaths and receive evidence, either oral or documentary. Upon the request of either party, the Department of Agriculture and Commerce may issue subpoenas to compel the attendance of witnesses or the production of books, papers, records or other documentary evidence. If a person fails to comply with a subpoena issued by the department, either party may invoke the aid of any court of general jurisdiction of this state. The court may 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.
  4. At the conclusion of the hearing, the hearing committee shall render a written decision incorporating the findings of facts, conclusions of law and penalty, if any. The hearing committee may impose any penalty authorized under Section 69-25-51. A copy of the decision of the hearing committee shall be delivered to the accused by certified mail.

HISTORY: Laws, 1992, ch. 474, § 2; Laws, 2005, ch. 533, § 2, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment rewrote the section.

RESEARCH REFERENCES

Am. Jur.

1A Am. Jur. Pl & Pr (Rev), Administrative Law, Forms 111-112 (demand for hearing)

113-115 (notice of hearing).

2 Am. Jur. 2d, Administrative Law §§ 298, 301 et seq.

1A Am. Jur. Pl & Pr (Rev), Administrative Law, Forms 111-112 (demand for hearing); 113-115 (notice of hearing).

CJS.

73A C.J.S., Public Administrative Law and Procedure §§ 251 et seq.

§ 69-25-55. Repealed.

Repealed by Laws of 2005, ch. 533, § 36 effective from and after July 1, 2005.

[Laws, 1992, ch. 474, § 3, eff from and after July 1, 1992.]

Editor’s Notes —

Former §69-25-55 provided that the failure to request a timely hearing constituted a waiver of the right to a hearing.

§ 69-25-57. Jurisdiction of Commissioner of Agriculture and Commerce.

The Commissioner of Agriculture and Commerce shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of this article and he may adopt rules and regulations to implement the provisions of this article.

HISTORY: Laws, 1992, ch. 474, § 4; Laws, 2005, ch. 533, § 3, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment rewrote the section.

§ 69-25-59. Judicial review.

  1. Any individual aggrieved by a final decision of the hearing committee shall be entitled to judicial review.
  2. An appeal from the decision of the hearing committee shall be made by filing a written notice of appeal with the circuit court clerk of the county where the accused resides, or in the case of a nonresident accused, in the Circuit Court of the First Judicial District of Hinds County. The notice of appeal and the payment of costs must be filed and paid with the circuit clerk, within thirty (30) days of the entry of the order being appealed. The appeal shall otherwise be conducted in accordance with existing laws and rules.
  3. Any party aggrieved by the action of the circuit court may appeal to the Mississippi Supreme Court in the manner provided by law and rules.

HISTORY: Laws, 1992, ch. 474, § 5; Laws, 2005, ch. 533, § 4, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment rewrote the section.

RESEARCH REFERENCES

Am. Jur.

1A Am. Jur. Pl & Pr Forms (Rev), Administrative Law, Forms 201 et seq.

CJS.

73A C.J.S., Public Administrative Law and Procedure §§ 313 et seq.

§ 69-25-61. Emergency procedure when herbicide or insecticide violation presents clear and present danger to public health, safety or welfare; Department of Agriculture and Commerce authorized to issue emergency orders prior to hearing.

  1. When a violation occurs, or is about to occur, that presents and clear and present danger to the public health, safety or welfare and requires immediate action, the commissioner, department field inspectors, or any person authorized by the commissioner, may issue an order to be effective immediately, prior to notice and a hearing, that imposes any or all of the following penalties against the accused:
    1. A stop sale order for any pesticide, plant or other material regulated by the department that is mislabeled or otherwise not in compliance with applicable law or regulations.
    2. Require the accused to relabel any pesticide, plant or other material regulated by the department that is mislabeled.
    3. Seize any pesticide, plant or other material regulated by the department and sell, destroy or otherwise dispose of such material and apply the proceeds of such sale to the state’s expenses and any fees or penalties levied.
    4. Refuse to register, or cancel or suspend the registration of a pesticide, plant or other material that is not in compliance with any applicable law or regulation.

      The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him, except that, in the alternative, it may be served by giving a copy of the order to the attendant or clerk at the accused’s establishment. The accused shall then have thirty (30) days after service of the order to request an informal administrative review before the Director of the Bureau of Plant Industry, or his designee, who shall act as reviewing officer. If the accused requests a review within thirty (30) days, the reviewing officer shall conduct an informal administrative review within ten (10) days after the request is made. If the accused does not request an informal administrative review within thirty (30) days, then he is deemed to have waived his right to a review. At the informal administrative review, subpoena power shall not be available, witnesses shall not be sworn nor be subject to cross-examination and there shall be no court reporter or record made of the proceedings. Each party may present its case in the form of documents or oral statements. The rules of evidence shall not apply. The reviewing officer’s decision shall be in writing, and it shall be delivered to the parties by certified mail.

      If either party is aggrieved by the order of the reviewing officer, he may request a full evidentiary hearing before the hearing committee in accordance with the procedures in Sections 69-25-51 and 69-25-53. The request for an evidentiary hearing must be made with the department within thirty (30) days of receipt of the decision of the reviewing officer. Failure to request an evidentiary hearing within the thirty (30) days is deemed a waiver of such right. If either party is aggrieved by the decision of the hearing committee, he shall have the right of judicial review in circuit court and in the Supreme Court as provided in Section 69-25-59.

HISTORY: Laws, 1992, ch. 474, § 6; Laws, 2005, ch. 533, § 5, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment rewrote the section.

§ 69-25-63. Payment and enforcement of penalties; fees and costs.

When any penalty assessed by the hearing officer or committee is not paid, the department may file suit in a court of competent jurisdiction for the purpose of reducing the order of the hearing officer or committee to judgment, and if successful on the merits, the department shall be entitled to an award for reasonable attorney’s fees and court costs.

HISTORY: Laws, 1992, ch. 474, § 7; Laws, 2005, ch. 533, § 6, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment rewrote the section.

RESEARCH REFERENCES

CJS.

73A C.J.S., Public Administrative Law and Procedure §§ 481 et seq.

§ 69-25-65. Repealed.

Repealed by Laws of 2005, ch. 533, § 37 effective from and after July 1, 2005.

[Laws, 1992, ch. 474, § 8, eff from and after July 1, 1992.]

Editor’s Notes —

Former §69-25-65 provided that the administrative hearing procedure did not apply to aerial applicators of pesticides.

Article 3. Bee Diseases.

§ 69-25-101. Shipment of bees into State; requirement of certificate or permit.

All honey bees shipped or moved into the State of Mississippi shall be accompanied by a certificate of inspection signed by the State Entomologist, State Apiary Inspector or corresponding official of the state or country from which such bees are shipped or moved. Such certificate shall certify to the apparent freedom of the bees and their combs and hives, from contagious and infectious diseases and parasites and must be based upon an actual inspection of the bees themselves within a period of sixty (60) days preceding the date of shipment; provided, that when honey bees are to be shipped into this state from other states or countries wherein no official apiary inspector or State Entomologist is available, the Mississippi Department of Agriculture and Commerce may issue permit for such shipment upon presentation of suitable evidence showing such bees to be free from disease. The provisions of this section shall not apply to shipments of live bees in wire cages, when without combs of honey.

HISTORY: Codes, Hemingway’s 1921 Supp. § 3636b; 1930, § 6979; 1942, § 5001; Laws, 1920, ch. 209; Laws, 1972, ch. 369, § 3; Laws, 1991, ch. 329, § 1; Laws, 1991, ch. 530, § 20, eff from and after July 1, 1991.

Editor’s Notes —

Laws, 2018, ch. 374, § 1, effective March 16, 2018, provides:

“SECTION 1. (1) There is created the Mississippi Honey Producers Advisory Council. The purpose of the advisory council is to review the laws and regulations governing the production of honey in Mississippi to determine if those laws and regulations address the concerns of the industry or if those laws and regulations need revision to address the concerns of the industry, and to prepare and develop its findings and recommendations in a written report to the Legislature.

“(2) The Mississippi Honey Producers Advisory Council shall be composed of ten (10) members of the Executive Board of the Mississippi Beekeepers Association. There shall be two (2) staff members from the Mississippi Department of Agriculture and Commerce, two (2) staff members from the Mississippi State Department of Health, and one (1) staff member from Mississippi State University Extension Service at each meeting of the advisory council to provide technical assistance. The council may seek input from all of the aforementioned state agencies.

“(3) The president of the association shall be the chair of the Mississippi Honey Producers Advisory Council. The chair shall be responsible for calling meetings of the council and conducting the meetings. The council shall elect a vice chair to serve as secretary who shall be responsible for keeping all records and minutes of the advisory council. All members shall be notified in writing of all meetings; such notices shall be mailed or emailed, as determined by the council, at least fifteen (15) days before the date on which a meeting is to be held. Members of the advisory council shall not be compensated or reimbursed for travel expenses. Notice of meetings of the advisory council shall be provided to the Chairman of the Senate Agriculture Committee, the Chairman of the House Agriculture Committee, and the state agencies and institutions referenced in subsection (2) of this section at least fifteen (15) days prior to said meeting.

“(4) Meetings shall be conducted at either the Mississippi Department of Agriculture and Commerce or the Mississippi State Department of Health, depending on meeting space availability. The agencies are directed to work with the chair to provide meeting space. The advisory council shall meet and organize thirty (30) days after the passage of this act.

“(5) A majority of the members of the advisory council shall constitute a quorum. In the selection of the vice chair, and the adoption of rules, minutes, findings and recommendations, an affirmative vote of a majority of the advisory council shall be required.

“(6) No later than November 30, 2018, the council shall report its findings and recommendation in writing to the Chairman of the Senate Agriculture Committee and the Chairman of the House Agriculture Committee. After submitting the recommendation and findings required in subsection (1) of this section, the Mississippi Honey Producers Advisory Council shall be dissolved.”

RESEARCH REFERENCES

ALR.

Liability for injury or damage caused by bees. 86 A.L.R.3d 829.

Beekeeping regulation: validity and construction. 55 A.L.R.4th 1223.

§ 69-25-103. Department of Agriculture and Commerce empowered to deal with Africanized bees and bee diseases.

The Mississippi Department of Agriculture and Commerce shall have full and plenary power to deal with Africanized honey bees (Apris mellifera scutellata) and with American and European foul brood, and all other contagious or infectious diseases and parasites of honey bees which, in its opinion, may be prevented, controlled or eradicated; and shall have full power and is hereby authorized to make, promulgate and enforce such rules, ordinances and regulations and to perform such acts, through its agents or otherwise, as in its judgment may be necessary to control, eradicate or prevent the introduction, spread or dissemination of Africanized honey bees and all contagious diseases of honey bees and parasites as far as may be possible and all such rules, ordinances and regulations of said department shall have the force and effect of law.

HISTORY: Codes, Hemingway’s 1921 Supp. § 3636c; 1930, § 6980; 1942, § 5002; Laws, 1920, ch. 209; Laws, 1972, ch. 369, § 4; Laws, 1991, ch. 329, § 2; Laws, 1991, ch. 530, § 21, eff from and after July 1, 1991.

RESEARCH REFERENCES

ALR.

Beekeeping regulation: validity and construction. 55 A.L.R.4th 1223.

§ 69-25-105. Authority to make inspections and to order removal, destruction or treatment of Africanized or infected bees.

The Mississippi Department of Agriculture and Commerce, its agents and employees, shall have authority to enter any depot, express office, storeroom, warehouse or premises for the purpose of inspecting any honey bees or beekeeping fixtures or appliances therein or thought to be therein, for the purpose of ascertaining whether said bees or fixtures are infected with any contagious or infectious disease or parasite or which they may have reason to believe are Africanized bees or have been or are being transported in violation of any of the provisions of this article.

The said department through its agents or employees may require the removal from this state of any honey bees or beekeeping fixtures which have been brought into the state in violation of the provisions of this article, or if finding any honey bees or fixtures infected with any contagious or infectious disease or parasite or if finding that such bees are Africanized or if such bees or fixtures have been exposed to danger of infection by such diseases, may require the destruction, treatment or disinfection of such infected or exposed bees, hives, fixtures or appliances.

HISTORY: Codes, Hemingway’s 1921 Supp. § 3636d; 1930, § 6981; 1942, § 5003; Laws, 1920, ch. 209; Laws, 1972, ch. 369, § 5; Laws, 1991, ch. 329, § 3; Laws, 1991, ch. 530, § 22, eff from and after July 1, 1991.

RESEARCH REFERENCES

ALR.

Beekeeping regulation: validity and construction. 55 A.L.R.4th 1223.

Am. Jur.

37 Am. Jur. Proof of Facts 2d 711, Justifiable Destruction of Animal.

§ 69-25-107. Shipment of suspected materials may be prohibited.

The shipment or movement into this state of any used or secondhand beehives, honey combs, frames or other beekeeping fixtures is hereby prohibited except under such rules and regulations as may be prescribed by the Mississippi Department of Agriculture and Commerce.

HISTORY: Codes, Hemingway’s 1921 Supp. § 3636e; 1930, § 6982; 1942, § 5004; Laws, 1920, ch. 209; Laws, 1972, ch. 369, § 6; Laws, 1991, ch. 530, § 23, eff from and after July 1, 1991.

RESEARCH REFERENCES

ALR.

Beekeeping regulation: validity and construction. 55 A.L.R.4th 1223.

§ 69-25-109. Penalty for violations of this article.

  1. Any person, firm or corporation violating any of the provisions of this article or of the rules or regulations of the Mississippi Department of Agriculture and Commerce, adopted in accordance with the provisions thereof shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6) months in the county jail.
  2. In addition to the criminal penalty imposed under subsection (1) of this section, each violation of this article or the applicable rules and regulations established by the commissioner pertaining hereto shall subject the violator to administrative action as provided in Sections 69-25-51 through 69-25-63.

HISTORY: Codes, Hemingway’s 1921 Supp. § 3636f; 1930, § 6983; 1942, § 5005; Laws, 1920, ch. 209; Laws, 1972, ch. 369, § 7; Laws, 1991, ch. 530, § 24; Laws, 2012, ch. 502, § 3, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment added (2)..

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 26. Pest Control Compact

§ 69-26-1. Pest Control Compact.

The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

PEST CONTROL COMPACT

Article I

Findings

The party states find that:

In the absence of the higher degree of cooperation among them possible under this Compact, the annual loss of approximately One Hundred Thirty-seven Billion Dollars ($137,000,000,000.00) from the depredations of pests is virtually certain to continue, if not to increase.

Because of the varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to protect themselves fully against those pests which present serious dangers to them.

The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another, to complement each other’s activities when faced with conditions of infestation and reinfestation.

While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crops and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an Insurance Fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interest, the most equitable means of financing cooperative pest eradication and control programs.

Article II

Definitions

As used in this Compact, unless the context clearly requires a different construction:

“State” means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

“Requesting state” means a state which invokes the procedures of the Compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states.

“Responding state” means a state requested to undertake or intensify the measures referred to in subdivision (b) of this Article.

“Pest” means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses, or other plants of substantial value.

“Insurance Fund” means the Pest Control Insurance Fund established pursuant to this Compact.

“Governing Board” means the administrators of this Compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this Compact.

“Executive committee” means the committee established pursuant to Article V(e) of this Compact.

Article III

The Insurance Fund

There is hereby established a Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this Compact. The Insurance Fund shall contain monies appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this Compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the Insurance Fund shall not accept any donation or grant whose terms are inconsistent with any provision of this Compact.

Article IV

The Insurance Fund, Internal Operations and Management

The Insurance Fund shall be administered by a Governing Board and Executive Committee as hereinafter provided. The actions of the Governing Board and the Executive Committee pursuant to this Compact shall be deemed the actions of the Insurance Fund.

The members of the Governing Board shall be entitled to one vote on such board. No action of the Governing Board shall be binding unless taken at a meeting at which a majority of the total number of votes on the Governing Board is cast in favor thereof. Action of the Governing Board shall be only at a meeting at which a majority of the members are present.

The Insurance Fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the Governing Board may provide.

The Governing Board shall elect annually, from among its members, a chairman, a vice chairman, a secretary and a treasurer. The chairman may not succeed himself. The Governing Board may appoint an executive director and fix his duties and his compensation, if any. Such executive director shall serve at the pleasure of the Governing Board. The Governing Board shall make provision for the bonding of such of the officers and employees of the Insurance Fund as may be appropriate.

Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there be no executive director, the chairman, in accordance with such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Insurance Fund and shall fix the duties and compensation of such personnel. The Governing Board in its bylaws shall provide for the personnel policies and programs of the Insurance Fund.

The Insurance Fund may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation.

The Insurance Fund may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation, and may receive, utilize and dispose of the same. Any donation, gift, or grant accepted by the Governing Board pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this Article shall be reported in the annual report of the Insurance Fund. Such report shall include the nature, amount and conditions, if any, of the donation, gift, grant, or services borrowed and the identity of the donor or lender.

The Governing Board shall adopt bylaws for the conduct of the business of the Insurance Fund and shall have the power to amend and to rescind these bylaws. The Insurance Fund shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.

The Insurance Fund annually shall make to the Governor and legislature of each party state a report covering its activities for the preceding year. The Insurance Fund may make such additional reports as it may deem desirable.

In addition to the powers and duties specifically authorized and imposed, the Insurance Fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this Compact.

Article V

Compact and Insurance Fund Administration

In each party state there shall be a Compact administrator, who shall be selected and serve in such manner as the laws of his state may provide, and who shall:

1. Assist in the coordination of activities pursuant to the Compact in his state; and

2. Represent his state on the Governing Board of the Insurance Fund.

If the laws of the United States specifically so provide, or if administrative provision is made therefore within the federal government, the United States may be represented on the Governing Board of the Insurance Fund by not to exceed three representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the Governing Board or the Executive Committee thereof.

The Governing Board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the Insurance Fund and, consistent with the provisions of the Compact, supervising and giving direction to the expenditure of monies from the Insurance Fund. Additional meetings of the Governing Board shall be held on call of the chairman, the Executive Committee, or a majority of the membership of the Governing Board.

At such times as it may be meeting, the Governing Board shall pass upon applications for assistance from the Insurance Fund and authorize disbursements therefrom. When the Governing Board is not in session, the Executive Committee thereof shall act as agent of the Governing Board, with full authority to act for it in passing upon such applications.

The Executive Committee shall be composed of the chairman of the Governing Board and four additional members of the Governing Board chosen by it so that there shall be one member representing each of four geographic groupings of party states. The Governing Board shall make such geographic groupings. If there is representation of the United States on the Governing Board, one such representative may meet with the Executive Committee. The chairman of the Governing Board shall be chairman of the Executive Committee. No action of the Executive Committee shall be binding unless taken at a meeting at which at least four members of such Committee are present and vote in favor thereof. Necessary expenses of each of the five members of the Executive Committee incurred in attending meetings of such Committee, when not held at the same time and place as a meeting of the Governing Board, shall be charges against the Insurance Fund.

Article VI

Assistance and Reimbursement

Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves:

1. The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this Compact.

2. The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this Compact.

Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the Governing Board to authorize expenditures from the Insurance Fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use monies available from the Insurance Fund expeditiously and efficiently to assist in affording the protection requested.

In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the following in writing:

1. A detailed statement of the circumstances which occasion the request for the invoking of the Compact.

2. Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass, or other plant having a substantial value to the requesting state.

3. A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefore, in connection with the eradication, control, or prevention of introduction of the pest concerned.

4. Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of pest control activity.

5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the Compact in the particular instance can be abated by a program undertaken with the aid of monies from the Insurance Fund in one (1) year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time.

6. Such other information as the Governing Board may require consistent with the provisions of this Compact.

The Governing Board or Executive Committee shall give due notice of any meeting at which an application for assistance from the Insurance Fund is to be considered. Such notice shall be given to the Compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting.

Upon the submission as required by paragraph (c) of this Article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this Compact and justified thereby, the Governing Board or Executive Committee shall authorize support of the program. The Governing Board or Executive Committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the Governing Board or Executive Committee, with respect to an application, together with the reasons therefore shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof.

A requesting state which is dissatisfied with a determination of the Executive Committee shall upon notice in writing given within twenty (20) days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the Governing Board. Determinations of the Executive Committee shall be reviewable only by the Governing Board at one of its regular meetings, or at a special meeting held in such manner as the Governing Board may authorize.

Responding states required to undertake or increase measures pursuant to this Compact may receive monies from the Insurance Fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the Insurance Fund. The Governing Board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof.

Before authorizing the expenditure of monies from the Insurance Fund pursuant to an application of a requesting state, the Insurance Fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation.

The Insurance Fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the Insurance Fund, cooperating federal agencies, states, and any other entities concerned.

Article VII

Advisory and Technical Committees

The Governing Board may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee, or any member or members thereof may meet with and participate in its deliberations upon request of the Governing Board or Executive Committee. An advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the Insurance Fund being considered by such Board or Committee and the Board or Committee may receive and consider the same: provided that any participant in a meeting of the Governing Board or Executive Committee held pursuant to Article VI(d) of the Compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the Governing Board or Executive Committee makes its disposition of the application.

Article VIII

Relations with Nonparty Jurisdictions

A party state may make application for assistance from the Insurance Fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except as provided in this Article.

At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to Article VI(d) of this Compact a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the Governing Board or Executive Committee may provide. A nonparty state shall not be entitled to review of any determination made by the Executive Committee.

The Governing Board or Executive Committee shall authorize expenditures from the Insurance Fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The Governing Board or Executive Committee may set any conditions which it deems appropriate with respect to the expenditure of monies from the Insurance Fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the Insurance Fund with respect to expenditures and activities outside of party states.

Article IX

Finance

The Insurance Fund shall submit to the executive head or designated officer or officers of each party state a budget for the Insurance Fund for such period as may be required by the laws of that party state for a presentation to the legislature thereof.

Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The request for appropriations shall be apportioned among the party states as follows: one-tenth (1/10) of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products, produced in each party state. In determining the value of such crops and products the Insurance Fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products.

The financial assets of the Insurance Fund shall be maintained in two accounts to be designated respectively as the “Operating Account” and the “Claims Account.” The Operating Account shall consist only of those assets necessary for the administration of the Insurance Fund during the next ensuing two-year period. The Claims Account shall contain all monies not included in the Operating Account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the Insurance Fund for a period of three years. At any time when the Claims Account has reached its maximum limit or would reach its maximum limit by the addition of monies requested for appropriation by the party states, the Governing Board shall reduce its budget requests on a pro rata basis in such manner as to keep the Claims Account within such maximum limit. Any monies in the Claims Account by virtue of conditional donations, grants, or gifts shall be included in calculations made pursuant to this paragraph only to the extent that such monies are available to meet demands arising out of the claims.

The Insurance Fund shall not pledge the credit of any party state. The Insurance Fund may meet any of its obligations in whole or in part with monies available to it under Article IV(g) of this Compact, provided that the Governing Board take specific action setting aside such monies prior to incurring any obligation to be met in whole or in part in such manner. Except where the Insurance Fund makes use of monies available to it under Article IV(g) hereof, the Insurance Fund shall not incur any obligation prior to the allotment of monies by the party states adequate to meet the same.

The Insurance Fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Insurance Fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Insurance Fund shall be audited yearly by a certified or licensed public accountant and report of the audit shall be included in and become part of the annual report of the Insurance Fund.

The accounts of the Insurance Fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the Insurance Fund.

Article X

Entry Into Force and Withdrawal

This Compact shall enter into force when enacted into law by any five (5) or more states. Thereafter, this Compact shall become effective as to any other state upon its enactment thereof.

Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two (2) years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Article XI

Construction and Severability

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state participating herein the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

HISTORY: Laws, 2006, ch. 442, § 1, eff from and after July 1, 2006.

Comparable Laws from other States —

Arkansas: A.C.A. §2-16-901 et seq.

Florida: Fla. Stat. § 570.345.

Louisiana: La. R.S. 3:3396.1 et seq.

Tennessee: Tenn. Code Ann. §43-6-301 et seq.

Texas: Tex. Agric. Code § 79.001 et seq.

§ 69-26-2. State government agencies may cooperate with Insurance Fund.

Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the Insurance Fund established by the Pest Control Compact.

HISTORY: Laws, 2006, ch. 442, § 2, eff from and after July 1, 2006.

§ 69-26-3. Bylaws and amendments to be filed with Commissioner of Agriculture and Commerce.

Pursuant to Article IV(h) of the Compact, copies of bylaws and amendments thereto shall be filed with the Commissioner of Agriculture and Commerce.

HISTORY: Laws, 2006, ch. 442, § 3, eff from and after July 1, 2006.

§ 69-26-4. Mississippi compact administrator; duties.

The Compact administrator for this state shall be Commissioner of Agriculture and Commerce. The duties of the Compact administrator shall be deemed a regular part of the duties of this office.

HISTORY: Laws, 2006, ch. 442, § 4, eff from and after July 1, 2006.

§ 69-26-5. Request for assistance from Insurance Fund.

Within the meaning of Article VI(b) or VIII(a), a request or application for assistance from the Insurance Fund may be made by the Commissioner of Agriculture and Commerce or the Governor whenever in such official’s judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request.

HISTORY: Laws, 2006, ch. 442, § 5, eff from and after July 1, 2006.

§ 69-26-6. Reimbursement of expenditures for Compact control or eradication program.

The department, agency or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the Compact shall have credited to his account, in the state treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.

HISTORY: Laws, 2006, ch. 442, § 6, eff from and after July 1, 2006.

§ 69-26-7. “Executive head” defined.

As used in this Compact, with reference to this state, the term “executive head” shall mean the Governor.

HISTORY: Laws, 2006, ch. 442, § 7, eff from and after July 1, 2006.

Chapter 27. Soil Conservation

Article 1. Districts.

§ 69-27-1. Short title.

This article may be known and cited as the “Soil and Water Conservation District Law.”

HISTORY: Codes, 1942, § 4940; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 1, eff from and after January 1, 1969.

Cross References —

State Forestry Commission, see §§49-19-1 et seq.

Surface mining and reclamation of land, see §§53-7-1 et seq.

Definition of “soil and water conservation district”, see §69-27-301.

OPINIONS OF THE ATTORNEY GENERAL

The Tunica County Soil and Water Conservation District is authorized to implement a beaver control program as a “preventive and control measure” under Miss. Code Ann. §69-27-35(c). County boards of supervisors are authorized to expend public funds to eradicate and control beaver populations. Dulaney, March 23, 2007, A.G. Op. #07-00150, 2007 Miss. AG LEXIS 62.

RESEARCH REFERENCES

ALR.

What constitutes impairment of proposed intervenor’s interest to support intervention as matter of right under Rule 24(a)(2) of Federal Rules of Civil Procedure in environmental actions. 76 A.L.R. Fed. 762.

§ 69-27-2. State Soil and Water Conservation Committee renamed; transfer of powers and duties to State Soil and Water Conservation Commission.

The State Soil and Water Conservation Committee is hereby renamed the State Soil and Water Conservation Commission. The State Soil and Water Conservation Commission shall retain all powers and duties as were accorded to the committee, and wherever the term “State Soil and Water Conservation Committee” or “committee” appears in any law heretofore or hereafter enacted, the same shall be construed to mean the State Soil and Water Conservation Commission.

HISTORY: Laws, 1974, ch. 357, § 1, eff from and after passage (approved March 14, 1974).

§ 69-27-3. Legislative determinations and declarations of policy.

It is hereby declared, as a matter of legislative determination:

The condition.— That good soil and usable water are essential to the success of agricultural activities in the State of Mississippi; that our farms, forests and grazing lands are among the basic assets of the state; and that the preservation of these lands and usable waters is necessary to protect and promote the health, safety and prosperity of the people.

That improper land usage causes the breaking of natural cover, and results in serious soil erosion of the farms, forests and grazing lands by uncontrolled waters; that erosion feeds itself, causing an accelerated washing of sloping fields and pastures, speeding up with the removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erodible subsoil; that failure by any landowner or operator to conserve the soil and water and control erosion upon his lands causes a washing of soil from his lands onto other lands and makes the conservation of soil and water and control of erosion on such other lands difficult or impossible; that good soil and water usage is possible only through joint actions of farmers, ranchers and foresters made possible through legislative action.

The consequences.— That the consequences of such soil erosion in the form of soil-washing are the silting and sedimentation of stream channels, reservoirs, dams, ditches, and harbors and the movement of silt into creeks, rivers, ponds, lakes and bayous contributing to the pollution of the surface waters of the state; the piling up of soil on lower slopes, and its deposit over alluvial plains; the reduction in productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand, and gravel swept out of the hills; deterioration of soil and its fertility, deterioration of crops grown thereon, and declining acre yields despite development of scientific process for increasing such yields; loss of soil and water which causes destruction of food and cover for wildlife; a washing of soil into streams which silts over spawning beds, and destroys water plants, diminishing the food supply of fish; a diminishing of the underground and surface water reserve, which causes water shortages, intensifies periods of drought and causes crop failures; and increase in the speed and volume of rainfall runoff, causing severe and increasing floods, which bring suffering, disease, and death; impoverishment of families attempting to farm eroding and eroded lands; damage to roads, highways, railways, farm buildings and other property from floods; and losses in navigation, hydro-electric power, municipal water supply, farming and grazing. Other consequences are the loss of surface soil and water because of the denuding of the forests, and the abuse and erosion of sloping lands; the declining mean low flow of the rivers reducing the amount of surface water available seasonally for beneficial use; the decrease in effectiveness and decline of ground water reaching aquifers which provide a source of water for beneficial use; and the increase in rates of runoff from sloping land, adding to flood damage of the flood plains and valleys of the state; all adding to the drainage problem.

The appropriate corrective methods.— That to conserve soil and water resources and control and prevent soil erosion, it is necessary that practices contributing to soil and water wastage and soil erosion be discouraged and discontinued, and appropriate water and soil conserving practices be adopted and carried out; that among the procedures necessary for widespread adoption, are the carrying on of engineering operations such as the construction of terraces, terrace outlets, check dams, dikes, ponds, lakes, ditches, and the like; the utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing; seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees, and grasses; afforestation and reforestation; rotation of crops; soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops, retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erodible areas and areas now badly gullied or otherwise eroded.

Declaration of policy.— It is hereby declared to be the policy of the legislature to provide for the conservation of the water and soil resources of this state, and for the control and prevention of soil erosion, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety, prosperity, and general welfare of the people of this state.

It is further declared to be the policy of the legislature to alleviate and prevent flood damage; to conserve the waters of the state through improvement and cover, and through impoundments and effective use for various beneficial purposes; to develop private lands and waters of the state for recreational purposes; to promulgate soil and water conservation practices and measures which beautify the landscape, and promote the economic welfare of communities, counties, and areas of the state; and to provide leadership through soil and water conservation districts to other governmental agencies, departments and private groups in the promotion of the conservation of land, water, and related resources.

HISTORY: Codes, 1942, § 4941; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 2, eff from and after January 1, 1969.

Cross References —

Conservation and development of water resources, see §§51-3-1 et seq.

Preparation of plans for developing state, see §§57-1-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The Tunica County Soil and Water Conservation District is authorized to implement a beaver control program as a “preventive and control measure” under Miss. Code Ann. §69-27-35(c). County boards of supervisors are authorized to expend public funds to eradicate and control beaver populations. Dulaney, March 23, 2007, A.G. Op. #07-00150, 2007 Miss. AG LEXIS 62.

§ 69-27-5. Levee districts excepted.

None of the provisions of this article shall apply to any county which is in whole or in part within a levee district bordering on the Mississippi River, unless an order has been passed by the board of supervisors of such county after thirty (30) days notice by publication of its intention so to do.

HISTORY: Codes, 1942, § 4955; Laws, 1938, ch. 253.

§ 69-27-7. Definitions.

Wherever used or referred to in this article, unless a different meaning clearly appears from the context:

“District” or “soil and water conservation district” means a governmental subdivision of this state, and a public body, corporate and politic, organized in accordance with the provisions of this article, for the purposes, with the powers and subject to the restrictions hereinafter set forth.

“Commissioner” means one of the members of the governing body of a district, elected or appointed in accordance with the provisions of this article.

“Committee” or “State Soil and Water Conservation Committee” means the state and soil and water conservation commission as renamed under the provisions of Section 67-27-2 and created in Section 69-27-9.

“Petition” means a petition filed under the provisions of Section 69-27-15 for the creation of a district.

“Nominating petition” means a petition filed under the provisions of Section 69-27-31 to nominate candidates for the office of commissioner of a soil and water conservation district.

“State” means the State of Mississippi.

“Agency of this state” includes the government of this state and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this state.

“United States” or “agencies of the United States” includes the United States of America, the United States Department of Agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.

“Government” or “governmental” includes the government of this state, the government of the United States, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them.

“Landowner” or “owner of land” includes any person, firm or corporation who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this article.

“Land operator” or “operator of land” includes any person, firm or corporation, other than the owner, who shall be in possession of any lands lying within a district organized under the provisions of this article, whether as lessee, renter, tenant or otherwise.

“Due notice” means notice published at least three (3) times with an interval of at least seven (7) days between each publication date, in a newspaper of general circulation within the area where the land proposed to be included in a conservation district is located, or if no such newspaper or general circulation be available, by posting at a reasonable number (not less than five (5)) of conspicuous places within such area, such posting to include posting one (1) copy upon the bulletin board of the courthouse of each county where any of the lands in such proposed district may be located. Notice shall also be given by United States mail to all of the landowners of the proposed district or the district of any hearing or election. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.

HISTORY: Codes, 1942, § 4942; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 3; Laws, 1974, ch. 357, § 2, eff from and after passage (approved March 14, 1974).

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-9. State Soil and Water Conservation Commission; members; compensation; seal, records, rules and regulations.

  1. The State Soil and Water Conservation Commission shall be constituted as follows:
    1. Eleven (11) voting members:
      1. The Commissioner of Agriculture and Commerce;
      2. The State Forester;
      3. The President of the Mississippi Association of Soil and Water Conservation District Commissioners;
      4. The first vice president of the association;
      5. The second vice president of the association;
      6. The immediate or most recent ex-president of the association willing and able to serve; and
      7. Five (5) members to be elected from the membership of the soil and water conservation district commissioners at the annual meeting of the association, one (1) from each United States congressional district by a caucus of the association members from each congressional district as constituted at the time of the caucus, to be elected as follows: First District, one (1) member elected for a one-year term, beginning January 1, 1968, and ending January 1, 1969, his successor to be similarly elected at the 1968 annual meeting of the association for a three-year term ending January 1, 1972, and each successor elected in the succeeding third annual meeting for a three-year term; Second District, one (1) member elected for a two-year term beginning January 1, 1968, and ending January 1, 1970, his successor to be similarly elected at the 1969 annual meeting of the association for a three-year term ending January 1, 1973, and each successor elected in the succeeding third annual meeting for a three-year term; Third District, election to be similar to the Second District; Fourth District, one (1) member elected for a three-year term beginning January 1, 1968, and ending January 1, 1971, each successor to be similarly elected at the succeeding third annual meeting for a three-year term; Fifth District, election to be similar to Fourth District.
      8. The elected members of the board as constituted on January 15, 2003, shall continue to serve until the expiration of their respective terms. As the terms of the five (5) members expire, the members shall be elected as follows: one (1) member from each congressional district by caucus of the association members from each congressional district as constituted at the time of the caucus and the remainder to be elected from the state at large by the membership of the association. The position and term of the member elected from the Third District whose term expires January 1, 2004, shall be the term and position of the at large member.
    2. The purpose of the above procedure is to provide that when put into effect, elected members will serve three-year staggered terms. The State Soil and Water Conservation Commission is empowered to adopt and carry out procedures for filling unexpired terms of its elected members. The incumbent will continue to serve until his successor is duly qualified and enters into the duties of his office.
    3. Two (2) members shall serve ex officio and without voting power, but with all privileges of discussion and debate as follows:
      1. The Director of the State Extension Service; and
      2. The Director of the State Agricultural and Forestry Experimental Station.
    4. Such nonvoting ex officio member who, due to the pressure of his other required official duties, believes that he will be unable to regularly attend meetings of the commission shall designate a substitute to attend in his stead with the same rights and privileges that he would have had.
  2. The commission shall designate its chairman and vice chairman and may, from time to time, change such designation. A majority of the voting members of the commission shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. The voting members of the commission shall receive a per diem at the uniform rate established in Section 25-3-69, Mississippi Code of 1972, for their services on the commission for not more than thirty-six (36) days in any one calendar year. In addition, and in the discretion of the commission, all members may be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the commission, not to exceed the rate established in Section 25-3-41, Mississippi Code of 1972, for state officers and employees. The commission may provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted, and shall provide for an annual audit of the accounts of receipts and disbursements by the State Auditor.
  3. The commission shall keep a record of its official actions, shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this article.

HISTORY: Codes, 1942, § 4943; Laws, 1938, ch. 253; Laws, 1960, ch. 158; Laws, 1968, ch. 246, § 4; Laws, 1972, ch. 437, § 1; Laws, 1974, ch. 357, § 3; Laws, 1989, ch. 367, § 1; Laws, 2003, ch. 356, § 1, eff from and after passage (approved Mar. 12, 2003.).

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”.

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

Amendment Notes —

The 2003 amendment added (1)(a)(viii).

Cross References —

Duties and powers of state forester, generally, see §49-19-3.

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

OPINIONS OF THE ATTORNEY GENERAL

Appointments to this board should be reviewed under the last five-district plan which was in effect. Canon, Jan. 16, 2003, A.G. Op. #03-0016.

§ 69-27-11. Soil and Water Conservation Commission employees; office of accommodations.

The State Soil and Water Conservation committee may employ an administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The committee may call upon the Attorney General of the state for such legal services as it may require, or may employ its own counsel and legal staff. It shall have authority to delegate to its chairman, to one or more of its members, or to one or more agents or employees such powers and duties as it may deem proper. The committee shall supply itself with suitable office accommodations at Mississippi State University of Agriculture and Applied Science or at Jackson, or at any place where the committee shall designate. Upon request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency or of any state institution of learning shall, insofar as may be possible under available appropriations, and having due regard for the needs of the agency to which the request is directed, assign or detail to the committee, members of the staff or personnel of such agency or institution of learning, the duty of making such special reports, surveys or studies as the committee may request.

HISTORY: Codes, 1942, § 4943; Laws, 1938, ch. 253; Laws, 1960, ch. 158; Laws, 1968, ch. 246, § 4, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-13. General duties and powers of Commission.

The State Soil and Water Conservation Commission shall have the following duties and powers:

To offer any assistance as may be appropriate to the commissioners of soil and water conservation districts in the carrying out of their powers and programs.

To keep the commissioners of each of the districts informed of the activities and experience of all other districts, and to facilitate cooperation between districts.

To coordinate the programs of the soil and water conservation districts.

To secure the cooperation and assistance of the United States and any of its agencies and of agencies of this state in the work of the districts.

To disseminate information concerning the activities and programs of the soil and water conservation districts, and to encourage the formation of districts.

To seek and receive grants of monies, and other assets, from any source to carry out this article.

To distribute any appropriated or other funds or assets under its control, from state, federal or other governmental agencies or political subdivisions, or from private grants, including matching funds to districts.

To establish and administer qualification standards for district commissioners and officers.

To give guidance and overall supervision to districts when assistance is requested, or acceptable.

To study, classify and evaluate land use needs and problems in the State of Mississippi; to make recommendations leading to adoption of land use policy and broad guidelines for meeting the needs and problems so identified.

To demonstrate to landowners and operators within the state, equipment that will demonstrate energy and soil and water conservation.

To enter into and to authorize the executive director to execute with the approval of the commission, contracts, grants, cooperative agreements and memoranda of understanding with any federal or state agency or subdivision thereof, or any public or private institution location inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the purposes of this article.

To cooperate with the Commission on Environmental Quality in addressing agricultural nonpoint source pollution. Subject to Section 49-17-13, Mississippi Code of 1972, the Commission on Environmental Quality and the commission shall enter into a memorandum of understanding which shall establish the commission’s role in nonpoint source pollution issues.

HISTORY: Codes, 1942, § 4943; Laws, 1938, ch. 253; Laws, 1960, ch. 158; Laws, 1968, ch. 246, § 4; Laws, 1972, ch. 437, § 1; Laws, 1993, ch. 541, § 1; Laws, 1996, ch. 390, § 1, eff from and after July 1, 1996.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

Cross References —

Duties and powers of state forester, generally, see §49-19-3.

Surface mining and reclamation of land, see §§53-7-1 et seq.

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

§ 69-27-14. Wildflower Seed Revolving Fund.

  1. There is hereby created in the State Treasury a fund designated as the Wildflower Seed Revolving Fund to be used by the Mississippi Soil and Water Conservation Commission to contract for the purchase of wildflower seeds from public or private providers, for resale to local conservation districts or other governmental entities for planting programs.
  2. The Wildflower Revolving Fund shall be funded by monies received from the sale of seeds to the local conservation districts or other governmental entities. Monies collected from the sales shall be deposited into the Wildflower Revolving Fund. The State Treasurer shall make disbursements for payment of purchase of wildflower seeds upon requisition by the Soil and Water Conservation Commission and upon the issuance of warrants by the Department of Finance and Administration.

HISTORY: Laws, 1996, ch. 443, § 1, eff from and after July 1, 1996.

§ 69-27-15. Soil and Water Conservation districts; petition for creation.

Any twenty-five (25) owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the State Soil and Water Conservation Committee asking that a soil and water conservation district be organized to function in the territory described in the petition. Such petition shall set forth:

The proposed name of said district.

That there is need, in the interest of the public health, safety, and welfare, for a soil and water conservation district to function in the territory described in the petition.

A description of the territory proposed to be organized as a district, which description shall not be required to be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate.

A request that the State Soil and Water Conservation Committee duly define the boundaries for such district; that a referendum be held within the territory so defined on the question of the creation of a soil conservation district in such territory; and that the committee determine that such a district be created.

Where more than one petition is filed covering parts of the same territory, the State Soil and Water Conservation Committee may consolidate all or any such petitions.

HISTORY: Codes, 1942, § 4944; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 5, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-17. Soil and water conservation districts; hearing and determination of necessity therefor.

Within sixty (60) days after a petition pursuant to Section 69-27-15 has been filed with the State Soil and Water Conservation Committee, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity in the interest of public health, safety, and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this article, and upon all questions relevant to such inquiries. All owners and all operators of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all other interested parties, shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing held. After such hearing, if the committee shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries, the committee shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing water and land use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefit such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil and water conservation districts already organized or proposed for organization under the provisions of this article, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determinations set forth in Section 69-27-3. The territory to be included within such boundaries need not be contiguous. If the committee shall determine after such hearing, after due consideration of the said relevant facts, that there is no need for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After twelve (12) months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon. If it be determined that there is no need for such soil and water conservation district, then in no event shall any expense or part thereof, incurred in connection with the hearing or other proceedings had to determine such question, be assessed against any landowner or other party except those landowners signing the original petition.

HISTORY: Codes, 1942, § 4944; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 5, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-19. Soil and water conservation districts; referendum; commission to pay expenses.

  1. After the committee has made and recorded a determination that there is need, in the interest of public health, safety, and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil and water conservation districts in this article is administratively practicable and feasible. To assist the committee in the determination of such administrative practicability and feasibility, it shall be the duty of the committee, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof, to hold a referendum within the proposed district upon the proposition of the creation of the district, and to cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words “for creation of a soil and water conservation district of the lands below described and lying in the county(ies) of_______________and_______________,” and “against creation of a soil and water conservation district of the lands below described and lying in the county(ies) of_______________and_______________,” shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the committee. All owners of lands lying within the boundaries of the territory, as determined by the state soil and water conservation committee, shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote.
  2. The committee shall pay expenses for the issuance of such notices and the conduct of such hearings and referendums as hereinabove provided for and shall supervise the conduct of such hearings and referendums. It shall issue appropriate regulations governing the conduct of such hearings and referendums, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the results thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.

HISTORY: Codes, 1942, § 4944; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 5, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-21. Results of referendum; determination of district’s administrative feasibility.

The committee shall publish the results of a referendum held pursuant to the provisions of this article and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the committee shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereinafter provided. In making such determination the committee shall give due regard and weight to the attitude of the owners and operators of lands lying within the defined boundaries, the number of landowners eligible to vote in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners of the proposed district, the probable expenses of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in Section 69-27-3, but the committee shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district. In the event a majority of the votes cast in the referendum shall not have been cast in favor of the creation of such district, then in no event shall any of the expenses incident to the conduct of the referendum, investigation or other proceedings had in connection therewith be assessed against any party other than such parties as signed the original petition.

HISTORY: Codes, 1942, § 4944; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 5, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-23. Organization of soil and water conservation district; procedure; certificate of due organization.

  1. If the committee shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two (2) commissioners to act, with the three (3) commissioners elected as provided hereinafter, as the governing body of the district. Such district shall be a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the following proceedings:

    The two (2) appointed commissioners shall present to the Secretary of State an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals): (a) that a petition for the creation of the district was filed with the State Soil and Water Conservation Committee pursuant to the provisions of this article, and that the proceedings specified in this article were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this article; and that the committee has appointed them as commissioners; (b) the name and official residence of each of the commissioners, together with a certified copy of the appointments evidencing their right to office; (c) the term of office of each of the commissioners; (d) the name which is proposed for the district; and (e) the location of the principal office of the commissioners of the district. The application shall be subscribed and sworn to by each of the said commissioners before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the commissioners and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officer’s presence. The application shall be accompanied by a statement by the State Soil and Water Conservation Committee, which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued, and hearing held as aforesaid; that the committee did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil and water conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district, and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; that thereafter the committee did duly determine that the operation of the proposed district is administratively practicable and feasible. The said statement shall set forth the boundaries of the district as they have been defined by the committee.

    The Secretary of State shall examine the application and statement, and, if he finds that the name proposed for the district is not identical with that of any other soil and water conservation district of this state or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and shall record them in an appropriate book of record in his office. If the Secretary of State shall find that the name proposed for the district is identical with that of any other soil and water conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the State Soil and Water Conservation Committee, which shall thereupon submit to the Secretary of State a new name for said district, which shall not be subject to such defects. Upon receipt of such new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office. When the application and statement have been made, filed and recorded, as herein provided, the district shall constitute a governmental subdivision of this state and a public body, corporate and politic. The Secretary of State shall make and issue to the said commissioners a certificate, under the seal of the state, of the due organization of the said district, and shall record such certificate with the application and statement. The boundaries of such district shall include the territory as determined by the State Soil and Water Conservation Committee as aforesaid, but in no event shall they include any area included within the boundaries of another soil and water conservation district organized under the provisions of this article.

  2. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been established in accordance with the provisions of the aforesaid sections upon proof of the issuance of the aforesaid certificate by the Secretary of State. A copy of such certificate duly certified by the Secretary of State shall be admissible in evidence in any such action or proceeding and shall be proof of the filing and contents thereof. However, the procedural steps required for the issuance of a certificate by the Secretary of State may be attacked in any suit or proceeding involving the validity or enforcement of or relating to any contract, proceeding, or action of the district.

HISTORY: Codes, 1942, § 4944; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 5, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

OPINIONS OF THE ATTORNEY GENERAL

The two appointed members of a county soil and water conservation board have the same authority as the three elected members. Ladner, Mar. 10, 2006, A.G. Op. 06-0004.

The appointed commissioners of a county soil and water conservation district do not have a vote in appointments of successors. Ladner, Mar. 10, 2006, A.G. Op. 06-0004.

The commissioners, by majority vote, may delegate to the chairman and/or other commissioners, agents or employees, including the appointed commissioners, the power and authority to sign checks on behalf of a county soil and water conservation district. Ladner, Mar. 10, 2006, A.G. Op. 06-0004.

§ 69-27-24. Authority of municipalities to contribute to soil conservation districts.

  1. The governing authorities of an incorporated municipality within this state are authorized and empowered, in their discretion, to make contributions to the various soil conservation districts either now or hereafter located entirely or partially within the county in which the municipality is situated.
  2. This section is intended to be cumulative and not to repeal or limit or abridge any laws in this state which provide for assistance to soil conservation districts.

HISTORY: Laws, 1991, ch. 310, § 1, eff from and after July 1, 1991.

Cross References —

Authority of counties to contribute to soil conservation districts, see §69-27-67.

§ 69-27-25. Subsequent petitions may be filed twelve months after the negative determination.

After twelve (12) months shall have expired from the date of entry of a determination by the State Soil and Water Conservation Committee that operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed as aforesaid, and action taken thereon in accordance with the provisions of this article.

HISTORY: Codes, 1942, § 4944; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 5, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-27. Inclusion of additional territory within existing district.

Petitions for including additional territory within an existing district may be filed with the State Soil and Water Conservation Committee, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The committee shall prescribe the form for such petitions, which shall be as nearly as may be in the form prescribed in this article for petitions to organize a district. Where the total number of landowners in the area proposed for inclusion shall be less than twenty-five (25), the petition may be filed when signed by a majority of the owners of such area, and in such cases no referendum need be held. In referendums upon petitions for such inclusion, only owners of land lying within the proposed additional area shall be eligible to vote.

HISTORY: Codes, 1942, § 4944; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 5, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-29. Cities and towns, etc., to be included within district.

All cities, towns, villages or other urban or suburban areas lying within the boundaries of a soil and water conservation district established pursuant to the provisions of the state soil and water conservation district law, as amended, with the approval of the governing authorities of said cities, towns or villages, shall be included in and deemed a part of the district.

HISTORY: Codes, 1942, § 4944; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 5, eff from and after January 1, 1969.

§ 69-27-31. Election of three commissioners for each district.

Within thirty (30) days after the date of issuance by the Secretary of State of a certificate of organization of a soil and water conservation district, nominating petitions may be filed with the State Soil and Water Conservation Committee to nominate candidates for commissioners of such district. The committee shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the committee unless it shall be subscribed by twenty-five (25) or more owners of lands lying within the boundaries of such district. Landowners may sign more than one such nominating petition to nominate more than one candidate for commissioner but in no event shall a landowner sign more than three (3) such nominating petitions. The committee is hereby authorized to enact and implement rules to provide that not more than one commissioner shall be a resident of any one county or supervisors district, unless there is no person qualified and willing to serve in another county or supervisors district. The committee shall give due notice of an election to be held for the election of three (3) commissioners for the district. The names of all nominees, on behalf of whom such nominating petitions have been filed within the time herein designated, shall appear, arranged in alphabetical order of the surnames, upon ballots, with a square before each name and a direction to insert an X mark in the square before any three (3) names to indicate the voter’s preference. All owners of lands lying within the district shall be eligible to vote in such election. Only such landowners shall be eligible to vote. The three (3) candidates who receive a majority of the votes cast in such an election shall be elected commissioners for such district. In the event any candidate fails to receive a majority, then the candidates receiving the largest number of votes shall run off in an election to be held two (2) weeks thereafter. The committee shall pay all the expenses of such elections, shall supervise conduct thereof, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results of same.

HISTORY: Codes, 1942, § 4945; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 6, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-33. Appointment, qualifications, and tenure of commissioners.

The governing body of the district shall consist of five (5) commissioners, elected or appointed as provided hereinabove. The commissioners shall be persons who are landowners and/or operators within the geographical areas of the district qualified to perform the specialized skilled services which will be required of them in the performance of their duties hereunder, and able to attend all meetings.

The commissioners shall designate a chairman annually. The term of office of each commissioner shall be three (3) years, except that the commissioners who are first appointed shall be designated to serve for terms of one (1) and two (2) years, respectively, from the date of their appointment. A commissioner shall hold office until his successor has been elected or appointed and has qualified. Vacancies shall be filled by election or appointment as in the case of the election or appointment of other commissioners, but in the event the unexpired terms remaining of the offices vacated are less than one (1) year, said vacancy shall be filled for the unexpired term by the other commissioners. The selection of successors for a full term shall be made in the same manner in which the original retiring commissioners shall, respectively, have been selected. A majority of the commissioners shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination. A commissioner and any deputy commissioner shall receive no compensation for their services, but they shall be entitled to expenses, including travelling expenses, necessarily incurred in the discharge of their duties.

The commissioners may utilize the services of the county agricultural agents and the facilities of the county agricultural agents’ offices insofar as practicable and feasible, and may, with the approval of the State Soil and Water Conservation Commission employ such other help as may be necessary. Employees hired pursuant to this section, upon agreement by the commissioners and the county board of supervisors, shall be considered as employees of the county or counties in which the district is located solely for the purpose of allowing such county or counties to include these employees in any group life and/or health insurance or workers’ compensation insurance program maintained by the county or counties for its employees and to include these employees in the county payroll system. Upon such agreement, the county or counties shall be responsible for the payment and withholding functions for the commissioners and shall provide the employees with all required tax documents. If more than one (1) county desires to include these employees in a group life and/or health insurance or workers’ compensation insurance program, the counties shall determine the program in which the employees shall be included and the amount of contributions that the other county or counties shall make to that program on behalf of the employees. Nothing in this section shall be construed to mean that these employees are to be considered as county employees for any purpose other than the purpose of including these employees in a county employee group life and/or health insurance or workers’ compensation insurance program and the county’s payroll system. The commissioners may call upon the Attorney General of the state for such legal services as they may require, or may use such other legal counsel as may be available. The commissioners may delegate to their chairman, to one or more commissioners, or to one or more agents, or employees, such powers and duties as they may deem proper, and may appoint such deputy commissioners as they deem appropriate, not to exceed one (1) deputy commissioner for each supervisor district in the soil and water conservation district, to assist the commissioners in the performance of their duties; however, deputy commissioners shall not be entitled to vote on any matter coming before the commissioners. The State Soil and Water Conservation Commission shall establish and administer qualification standards and establish term of office for deputy commissioners. The commissioners shall furnish to the State Soil and Water Conservation Commission, upon request, copies of such ordinances, rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under this article.

The commissioners may provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements if total annual receipts or expenditures exceeds Sixty Thousand Dollars ($60,000.00) and an annual financial statement if total annual receipts or expenditures is equal to or less than Sixty Thousand Dollars ($60,000.00).

The commissioners may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the commissioners of the district on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county.

HISTORY: Codes, 1942, § 4946; Laws, 1938, ch. 253; Laws, 1962, ch. 170; Laws, 1968, ch. 246, § 7; Laws, 1986, ch. 488, § 9; Laws, 1989, ch. 490, § 1; Laws, 1990, ch. 461, § 1; Laws, 1991, ch. 332, § 1; Laws, 1997, ch. 310, § 1, eff from and after July 1, 1997; Laws, 1999, ch. 413, § 1, eff from and after July 1, 1999.

OPINIONS OF THE ATTORNEY GENERAL

A county is not responsible for paying the costs of life, health and workers’ compensation insurance premiums, matching social security and medicare, retirement benefits, and like expenses for soil and water conservation district employees. Barefield, Feb. 13, 2004, A.G. Op. 03-0069.

The appointed commissioners of a county soil and water conservation district do not have a vote in appointments of successors. Ladner, Mar. 10, 2006, A.G. Op. 06-0004.

There is no statutory requirement that a commissioner of a county soil and water conservation district be a resident of or represent a particular county supervisor district. Ladner, Mar. 10, 2006, A.G. Op. 06-0004.

§ 69-27-35. Powers of districts and commissioners.

A soil and water conservation district organized under the provisions of this article shall constitute a governmental subdivision of this state, and a public body, corporate and politic, exercising public powers, and such district and the commissioners thereof shall have the following powers, in addition to others granted in other sections of this article:

To conduct surveys, investigations and research relating to the character of soil erosion and the preventive and control measures needed, to publish results of such surveys, investigations or research, and to disseminate information concerning such preventive and control measures. However, in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies.

To conduct demonstration projects within the district on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of such lands or the necessary rights or interests in such lands, in order to demonstrate by example the means, methods, and measures by which water and soil resources may be conserved, and soil erosion in the form of soil washing may be prevented and controlled.

To carry out preventive and control measures within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in subsection (c), Section 69-27-3, on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of such lands.

To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any owner or operator of lands within the district, in the carrying on of erosion control and prevention operations within the district, subject to such conditions as the commissioners may deem necessary to advance the purposes of this article.

To obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest, or devise, any property, real or personal, or rights or interests therein, and all such property shall be exempt from state, county, or municipal taxation; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this article; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of this article. Notwithstanding any provisions of general law to the contrary, no land or interest therein described under this subsection shall be acquired for recreational purposes by eminent domain proceedings after the effective date of this article.

To make available, on such terms as it shall prescribe, to landowners and operators within the district, agricultural and engineering machinery and equipment, fertilizer, seeds, and seedlings, and such other material or equipment, as will assist such landowners and operators to carry on operations upon their lands for the conservation of soil and water resources and for the prevention and control of soil erosion, and to purchase comprehensive insurance on such agricultural and engineering equipment.

To construct, improve, and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this article, with the consent of two-thirds (2/3) of the landowners owning sixty-six and two-thirds percent (66-2/3%) of all lands affected, whether the owners of such land live within such district or not.

To develop comprehensive plans for the conservation of soil and water resources and for the control and prevention of soil erosion within the district, and to bring such plans and information to the attention of owners and operators of lands within the district.

To acquire by purchase or lease, and to administer, any water and soil conservation, erosion-control or erosion-prevention project located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies; to manage as agent of the United States or any of its agencies, or of this state or any of its agencies, any water and soil conservation, erosion-control or erosion-prevention project within its boundaries; to act as agent for the United States or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil and water conservation, erosion-control or erosion-prevention project within its boundaries; to accept donations, gifts and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this state or any of its agencies, or from private sources, and to use or expend such monies, services, materials, or other contributions in carrying on its operations.

To assist individual landowners or operators and organized groups, associations, or other agencies or units of government to plan and establish recreational facilities for family use, income-producing purposes, or for community access.

To enter into contracts with the approval of the Governor with any agency of the federal or state government or its political subdivisions to accomplish the objectives of this article.

To collect cost-sharing funds, and to establish and implement procedures compatible with the purposes of this article for the necessary financing of water and soil conservation district activities, including the administration of any federal funds made available for the use of the district.

To receive and expend funds or monies or other assets from any state or federal agency or any other source, public or private, in furtherance of the purposes of this article.

To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to make, and from time to time amend and repeal rules and regulations not inconsistent with this article, to carry into effect its purposes and powers.

As a condition to the extending of any benefits under this article to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the commissioners may require contributions in money, services, materials, or otherwise to any operations conferring such benefits, and may require landowners and operators to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion thereon.

No provision with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized hereunder unless the Legislature shall specifically so state.

HISTORY: Codes, 1942, § 4947; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 8; Laws, 1972, ch. 437, § 2; Laws, 1997, ch. 309, § 1, eff from and after July 1, 1997.

Cross References —

Duty of local soil and water commissioners to make survey of surface mining operations, see §53-7-9.

Authority of governing authorities of municipalities to contribute to soil conservation districts, see §69-27-24.

Power of commissioners to appoint deputy commissioners, see §69-27-33.

OPINIONS OF THE ATTORNEY GENERAL

A county and a soil and water conservation district had the authority to contract to develop and implement various projects related to water management and the conservation of soil and water resources and the control and prevention of soil erosion, without the necessity of an interlocal agreement. Dulaney, February 12, 1999, A.G. Op. #99-0029.

The Tunica County Soil and Water Conservation District is authorized to implement a beaver control program as a “preventive and control measure” under Miss. Code Ann. §69-27-35(c). County boards of supervisors are authorized to expend public funds to eradicate and control beaver populations. Dulaney, March 23, 2007, A.G. Op. #07-00150, 2007 Miss. AG LEXIS 62.

§ 69-27-37. Adoption of land-use regulations.

The commissioners of any district shall have authority to formulate regulations governing the use of lands within the district in the interest of conserving water and soil and soil resources and preventing and controlling soil erosion subject to the approval of and acceptance by two-thirds (2/3) of the landowners owning at least sixty-six and two-thirds per cent(662/3) of the lands affected by such proposed regulations. Such regulations shall be compatible with state laws, particularly those related to the board of water commissioners.

The commissioners may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work. The commissioners shall not have authority to enact such water and land use regulations into law until after they shall have caused due notice to be given of their intention to conduct a referendum for submission of such regulations to the owners of lands lying within the boundaries of the district for their indication of approval or disapproval of such proposed regulations, and until after the commissioners have considered the result of such referendum. The proposed regulations shall be embodied in a proposed ordinance. Copies of such proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum. The notices of the referendum shall recite the contents of such proposed ordinance, or shall state where copies of such proposed ordinance may be examined. The question shall be submitted by ballots, upon which the words “for approval of proposed ordinance No._______________ , prescribing land and water use regulations for conservation of soil and water and prevention of erosion” and “against approval of proposed ordinance No._______________ , prescribing water and land use regulations for conservation of soil and water and prevention of erosion” shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose approval of such proposed ordinance. The commissioners shall supervise such referendum, shall prescribe appropriate regulations governing the conduct thereof, and shall publish the result thereof. All owners of land within the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.

The commissioners shall not have authority to enact such proposed ordinance into law unless two-thirds (2/3) of the landowners owning at least sixty-six and two-thirds per cent(662/3%) of all lands affected by such proposed ordinance shall have voted in favor thereof. The approval of the proposed ordinance by two-thirds (2/3) of the landowners owning at least sixty-six and two-thirds per cent (662/3%) of the land affected by such ordinance shall not be deemed to require the commissioners to enact such proposed ordinance into law. Water and land use regulations prescribed in ordinances adopted pursuant to the provisions of this section by the commissioners of any district shall have the force and effect of law in the said district.

Any owners or operators of land within such district may at any time file a petition with the commissioners asking that any or all of the water and land use regulations prescribed in any ordinance adopted by the commissioners under the provisions of this section shall be amended, supplemented or repealed. Water and land use regulations prescribed in any ordinance adopted pursuant to the provisions of this section shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this section for adoption of water and land use regulations. Referendums on adoption, amendment, supplementation, or repeal of water and land use regulations shall not be held more often than once in twelve (12) months.

The regulations to be adopted by the commissioners under the provisions of this section may include:

Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures.

Provisions requiring observance of particular methods of cultivation, including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding, and planting of lands to water conserving and erosion-preventing plants, trees, and grasses, afforestation, and reforestation.

Specifications of cropping programs and tillage practices to be observed.

Provisions requiring the retirement from cultivation of highly erodible areas or of areas on which erosion may not be adequately controlled if cultivation is carried on.

Provisions for such other means, measures, operations, and programs as may assist conservation of water and soil resources and prevent or control soil erosion in the district having due regard to the legislative findings set forth in Section 69-27-3.

The regulations shall be uniform throughout the territory comprised within the district except that the commissioners may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. Copies of water and land use regulations adopted under the provisions of this section shall be made available to all owners and operators of lands lying within the district.

HISTORY: Codes, 1942, § 4948; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 9, eff from and after January 1, 1969.

Cross References —

Preparation of plans for developing state, see §§57-1-1 et seq.

§ 69-27-39. Enforcement of land-use regulations.

The commissioners shall have authority to go upon any lands within the district to determine whether land-use regulations adopted under the provisions of Section 69-27-37 are being observed. The commissioners are further authorized to provide by ordinance that any landowner or operator who shall sustain damages from any violation of such regulations by any other landowner or operator may recover damages at law from such other landowner or operator for such violation.

HISTORY: Codes, 1942, § 4949; Laws, 1938, ch. 253.

§ 69-27-41. Performance of work under the regulations by the commissioners.

Where the commissioners of any district shall find that any of the provisions of land-use regulations prescribed in an ordinance adopted in accordance with the provisions of Section 69-27-37 are not being observed on particular lands, and that such violations are the proximate cause of damage to any other landowner within the district, then the commissioners may present to the chancery court of the county in which the lands of the defendant may lie a petition, duly verified, setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner or operator or both to observe such regulations, and to perform particular work, operations or avoidance as required thereby and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district and is the proximate cause of damage to other landowners within the district, and praying the court to require the defendant to perform the work, operations, or avoidances within a reasonable time and to order that if the defendant shall fail so to perform the commissioners may go on the land, perform the work or other operations or otherwise bring the condition of such lands into conformity with the requirements of such regulations and recover the costs and expenses thereof from the defendant. Upon the filing of such petition, process shall issue against the defendant returnable in the manner provided by law, and said cause shall be tried in the manner provided by law for the trial of civil actions. The defendant may demand a trial by jury and in such event, the jurors shall have the qualifications of jurors in eminent domain proceedings in the chancery court. If the decree of the court be against the defendant, the court may require the defendant to perform the work, operations, or avoidances, and may provide that upon the failure of the defendant to initiate such performance within the time specified in the order of the court, and to prosecute the same to completion with reasonable diligence, the commissioners may enter upon the lands involved and perform the work or operations or otherwise bring the condition of such lands into conformity with the requirements of the regulations and may recover the costs and expenses thereof, from the defendant. In no case, however, shall the commissioners enter upon such lands for such purpose until the court shall have found that the landowner or person in possession has not prosecuted such work as was ordered by the court with reasonable diligence. In all cases where the person in possession of lands who shall fail to perform such work, operations, or avoidances shall not be the owner, the owner of such lands shall be joined as party defendant.

The court shall retain jurisdiction of the case until after the work has been completed. Upon completion of such work pursuant to such order of the court, the commissioners may file a petition with the court, a copy of which shall be served upon the defendant in the case, in the manner provided by law for service of process, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor. The court shall have jurisdiction to enter, upon a hearing to be held not sooner than five days after service of such process, its decree for the amount of such costs and expenses together with the costs of suit, including a reasonable attorney’s fee to be fixed by the court. Such decree shall when entered upon the lis pendens docket of said court, constitute a lien on the lands of the defendant.

HISTORY: Codes, 1942, § 4950; Laws, 1938, ch. 253.

RESEARCH REFERENCES

ALR.

Validity of statute allowing attorneys’ fees to successful claimant but not to defendant, or vice versa. 73 A.L.R.3d 515.

§ 69-27-43. Board of adjustment; members; expenses.

Where the commissioners of any district organized under the provisions of this article shall adopt an ordinance prescribing land-use regulations in accordance with the provisions of Section 69-27-37, they shall further provide by ordinance for the establishment of a board of adjustment. Such board of adjustment shall consist of three (3) members, each to be appointed for a term of three (3) years, except that the members first appointed shall be appointed for terms of one (1), two (2), and three (3) years, respectively. The members of each such board of adjustment shall be appointed by the State Soil and Water Conservation Committee, and shall be removable, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason, such hearing to be conducted jointly by the State Soil and Water Conservation Committee and the commissioners of the district. Vacancies in the board of adjustment shall be filled in the same manner as original appointments, and shall be for the unexpired term of the member whose term becomes vacant. Members of the State Soil and Water Conservation Committee and the commissioners of the district shall be ineligible to appointment as members of the board of adjustment during their tenure of such other office. The members of the board of adjustment shall receive no compensation for their services but shall be entitled to expenses, including travelling expenses, necessarily incurred in the discharge of their duties. The commissioners shall pay the necessary administrative and other expenses of operation incurred by the board, upon the certificate of the chairman of the board.

HISTORY: Codes, 1942, § 4951; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 10, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-45. Board of adjustment; procedure; meetings; records.

The board of adjustment shall adopt rules to govern its procedure, which rules shall be in accordance with the provisions of this article, and with the provisions of any ordinance adopted pursuant to Sections 69-27-43 through 69-27-49. The board shall designate a chairman from among its members, and may, from time to time, change such designation. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Any two (2) members of the board shall constitute a quorum. The chairman, or in his absence such other member of the board as he may designate to serve as acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep a full and accurate record of all proceedings, of all documents filed with it, and of all orders entered, which shall be filed in the office of the board and shall be a public record.

HISTORY: Codes, 1942, § 4951; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 10, eff from and after January 1, 1969.

§ 69-27-47. Board of adjustment; hearing on land use regulations.

Any landowner or operator may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardships in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the commissioners, and praying the board to authorize a variance from the terms of the land-use regulations in the application of such regulations to the lands owned or operated by the petitioner. Copies of such petition shall be served by the petitioner upon the chairman of the commissioners of the district within which his lands are located and upon the chairman of the State Soil and Water Conservation Committee. The board of adjustment shall fix a time for the hearing of the petition and cause due notice of such hearing to be given. The commissioners of the district and the State Soil and Water Conservation Committee shall have the right to appear and be heard at such hearing. Any owner or operator of lands lying within the district who shall object to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any party to the hearing before the board may appear in person, by agent, or by attorney. If, upon the facts presented at such hearing, the board shall determine that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it shall make and record such determination and shall make and record findings of fact as to the specific conditions which establish such great practical difficulties or unnecessary hardship. Upon the basis of such findings and determination, the board shall have power by order to authorize such variance from the terms of land-use regulations in their application to the lands of the petitioner, as will relieve such great practical difficulties or unnecessary hardship and will not be contrary to the public interest, and such that the spirit of the land-use regulations shall be observed, the public health, safety, and welfare secured, and substantial justice done.

HISTORY: Codes, 1942, § 4951; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 10, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-49. Appeal from order of board of adjustment.

Any petitioner aggrieved by an order of the board granting or denying, in whole or in part, the relief sought, the commissioners of the district, or any intervening party, may obtain a review of such order in the chancery court of the county in which the lands of the petitioner may lie, by filing in such court a petition praying that the order of the board be modified or set aside and may demand a jury qualified in all respects as the jurors in eminent domain proceedings in the chancery court. A copy of such petition shall forthwith be served upon the parties to the hearing before the board and thereupon the party seeking review shall file in the court a transcript of the entire record in the proceedings, certified by the board, including the documents and testimony upon which the order complained of was entered, and the findings, determination, and order of the board. Upon such filing, the court shall cause notice thereof to be served upon the parties and shall have jurisdiction of the proceedings and of the questions determined or to be determined therein, and shall have power to grant such temporary relief as it deems just and proper, and to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part, the order of the board. No contention that has not been urged before the board shall be considered by the court unless the failure or neglect to urge such contention shall be excused because of extraordinary circumstances. The findings of the board as to the facts, if supported by evidence, shall be conclusive. If any party shall apply to the court for leave to produce additional evidence and shall show to the satisfaction of the court that such evidence is material and that there were reasonable grounds for the failure to produce such evidence in the hearing before the board, the court may order such additional evidence to be taken before the board and to be made a part of the transcript. The board may modify the findings as to the facts or make new findings, taking into consideration the additional evidence so taken and filed, and it shall file such modified or new findings which, if supported by evidence, shall be conclusive, and shall file with the court its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review in the same manner as are other judgments or decrees of the court.

HISTORY: Codes, 1942, § 4951; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 10, eff from and after January 1, 1969.

§ 69-27-51. Cooperation between districts.

The commissioners of any two or more districts organized under the provisions of this article may cooperate with one another in the exercise of any or all powers conferred in this article.

HISTORY: Codes, 1942, § 4952; Laws, 1938, ch. 253.

JUDICIAL DECISIONS

1. In general.

Office of committeeman on an executive committee elected upon agreement of two conservation districts to co-operate is a public office within the general rule that injunction will not lie to try the right and title to a public office. Lacey v. Noblin, 238 Miss. 329, 118 So. 2d 336, 1960 Miss. LEXIS 409 (Miss. 1960).

In an injunction action by one claiming to have been elected as a member of an executive committee created upon agreement of two conservation districts to co-operate, and alleging that the other defendants had refused to permit him to perform his duties and had attempted to substitute another in his place, since the allegations reflected that one other than complainant was in possession of the office and performing the duties thereof, complainant did not bring himself within the exception to the general rule that a bill for injunction will not lie to try the right and title to a public office. Lacey v. Noblin, 238 Miss. 329, 118 So. 2d 336, 1960 Miss. LEXIS 409 (Miss. 1960).

§ 69-27-53. State agencies to cooperate.

Agencies of this state which shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or be charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district organized hereunder, shall cooperate to the fullest extent with the commissioners of such districts in the effectuation of programs and operations undertaken by the commissioners under the provisions of this article. The commissioners of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of land-use regulations adopted pursuant to Section 69-27-37, shall have the force and effect of law over all such publicly owned lands, and shall be in all respects observed by the agencies administering such lands.

HISTORY: Codes, 1942, § 4953; Laws, 1938, ch. 253.

Cross References —

Duties and powers of Secretary of State, see §7-11-11.

Contributions of land to soil conservation districts by counties, see §69-27-67.

§ 69-27-55. Adjustment of boundaries or withdrawal of lands from district; consolidation with another district; petition.

Any twenty-five (25) owners of land lying within the limits of a portion of a soil and water conservation district organized under the provisions of this article may petition the State Soil and Water Conservation Committee asking that the described area be withdrawn from the present district, or that the district be dissolved, and consolidated with another district or segment of another district, and that the area withdraw or the composite area be designated as an individual soil and water conservation district, with all the powers and responsibilities designated to soil and water conservation districts by law. Such petition shall set forth:

The proposed name of such district.

That there is a need for adjustment of boundaries or reorganization of territory, to provide for a separate soil and water conservation district to function in the territory described in the petition, in the interest of public health, safety, and welfare.

A description of the territory proposed to be included in the adjusted boundaries, or the territory to be withdrawn from an existing district, and the total territory to be included in the new district.

A request that the State Soil and Water Conservation Committee duly define the boundaries for such district; that one or more public hearings be held to determine the feasibility and propriety of such changes; and that the committee determine that such adjustments be made or such district created.

Where more than one petition is filed covering parts of the same territory, the State Soil and Water Conservation Committee may consolidate all or any such petitions.

HISTORY: Codes, 1942, § 4954.5; Laws, 1968, ch. 246, § 12, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-57. Adjustment or consolidation; hearing and determination of administrative feasibility.

  1. Within sixty (60) days after a petition pursuant to Section 69-27-55 has been filed with the State Soil and Water Conservation Committee, it shall cause due notice to be given of one or more proposed hearings upon the question of the desirability and necessity in the interest of the public health, safety, and welfare, of the adjustment of the boundaries or creation of such district, upon the question of appropriate boundaries of such district, upon the propriety of the petition and other proceedings taken under this article, and upon all questions relevant to such inquiries. All owners and operators of land within the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all owners and all operators of land within the existing district or districts from which territory is being considered for withdrawal, and all other interested parties, shall have the right to attend such hearings and be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed adjusted boundary or within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area to be considered and such further hearing held.
  2. After such hearing or hearings, if the committee shall determine, upon the facts presented at such hearings and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for adjustment in the boundaries, or for withdrawing territory from an existing district for the purpose of combination with other territory or district to provide an opportunity for more effective functioning of one or more districts in the territory considered at the hearings, it shall have the power to and shall make and record such determination, and shall define, by metes and bounds, or by legal subdivisions, the boundaries of such adjusted territory, or the boundaries of such district or districts. In making such determination and in defining such boundaries, the committee shall give due weight and consideration to the topography of the area considered, the composition of the soils, the distribution of erosion, the prevailing water and land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefit such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil and water conservation districts already organized or proposed to be organized under the provisions of this article, the relationship to existing political subdivisions of the state, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determinations set forth by law.
  3. If the committee shall determine after such hearings, after due consideration of the said relevant facts, that there is no need for the adjustment in boundary, or the revision of districts in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After twelve (12) months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon.
  4. The committee shall pay all expenses for the issuance of such notices and the conduct of such hearings as are deemed necessary by the committee. The committee shall supervise the conduct of all hearings provided pursuant to the provisions of this article. It shall issue appropriate regulations governing the conduct of such hearings.
  5. If the committee has decided that the adjustment of boundaries or revision of districts is needed, as provided in subsection (2) of this section, it shall have the power to make the determination, upon the facts presented at such hearings, and upon such other relevant facts and information as may be available, that the operation of a district with the adjusted boundaries, or as revised or consolidated within the defined boundaries, is administratively practicable and feasible. If the committee shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the operation of a district within the described boundaries is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner provided in Sections 69-27-15 through 69-27-29, except that a referendum as provided therein shall not be deemed necessary, a hearing or hearings being substituted therefor.
  6. After twelve (12) months shall have expired from the date of entry of a determination by the State Soil and Water Conservation Committee that operation of a district within the adjusted boundary or revised territory is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed as provided in subsection (3) of this section and action taken thereon in accordance with the provisions of Sections 69-27-55 through 69-27-61.

HISTORY: Codes, 1942, § 4954.5; Laws, 1968, ch. 246, § 12, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-59. Adjustment or consolidation; applicability and interpretation of certain provisions.

  1. All statutory provisions pertaining to the qualifications, appointment, election, and tenure of commissioners, and the powers of districts and commissioners shall apply to districts whose boundaries are revised or which are reconstituted under Sections 69-27-55 through 69-27-61.
  2. The provisions of Sections 69-27-55 through 69-27-61 shall not be interpreted to remove from office commissioners previously appointed or elected to serve existing soil and water conservation districts. However, the State Soil and Water Conservation Committee is empowered to establish rules whereby these officers will continue to serve, either in the existing district, or in the newly constituted district, until the termination date of their present term of office.

HISTORY: Codes, 1942, § 4954.5; Laws, 1968, ch. 246, § 12, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-61. Adjustment or consolidation; division of assets.

The State Soil and Water Conservation Committee shall determine from each existing soil and water conservation district from which territory may be withdrawn in the adjustment of boundaries, or revision of a district, the value of cash or bonds on hand, and shall also make an appraisal of the cash value of the equipment, land, or other property of these affected districts, on hand as of the date of issuance of the certificate of organization by the Secretary of State to the revised district, and shall divide the liquid assets on the basis of the proportion of territory withdrawn from the existing district to the total territory in the existing district, make equitable distribution of the equipment, and partition any real property. The decision of the State Soil and Water Conservation Committee in this division of assets shall be final.

HISTORY: Codes, 1942, § 4954.5; Laws, 1968, ch. 246, § 12, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-63. Discontinuance of districts.

At any time after the organization of a district under the provisions of this article, any twenty-five (25) owners of land lying within the boundaries of such district may file a petition with the State Soil and Water Conservation Committee praying that the operations of the district be terminated and the existence of the district discontinued. The committee may conduct such public meetings and public hearings upon such petition as may be necessary to assist it in the consideration thereof. Within sixty (60) days after such a petition has been received by the committee, it shall give due notice of the holding of a referendum, and shall supervise such referendum, and issue appropriate regulations governing the conduct thereof, the question to be submitted by ballots upon which the words “For terminating the existence of the_______________(name of the soil and water conservation district to be here inserted)” and “Against terminating the existence of the_______________(name of the soil and water conservation district to be here inserted)” shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose discontinuance of such district. All owners of lands lying within the boundaries of the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate such referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.

The committee shall publish the result of such referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the committee shall determine that the continued operation of such district is administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the continued operation of such district is not administratively practicable and feasible, it shall record such determination and shall certify such determination to the commissioners of the district. In making such determination the committee shall give due regard and weight to the attitudes of the owners and operators of lands lying within the district, the number of landowners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the discontinuance in the district to the total number of votes cast, the approximate wealth and income of the landowners of the district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in Section 69-27-3. However, the committee shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of such district.

Upon receipt from the State Soil and Water Conservation Committee of a certification that the committee has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of this section, the commissioners shall forthwith proceed to terminate the affairs of the district. The commissioners shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be covered into the state treasury. The commissioners shall thereupon file an application, duly verified, with the Secretary of State for the discontinuance of such district, and shall transmit with such application the certificate of the State Soil and Water Conservation Committee setting forth the determination of the committee that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this section provided, and shall set forth a full accounting of such properties and proceeds of the sale. The Secretary of State shall issue to the commissioners a certificate of dissolution and shall record such certificate in an appropriate book of record in his office.

Upon the issuance of a certificate of dissolution under the provisions of this section, all ordinances and regulations theretofore adopted and in force within such district shall be of no further force and effect. All contracts theretofore entered into, to which the district or commissioners are parties, shall remain in full force and effect for the period provided in such contracts. The State Soil and Water Conservation Committee shall be substituted for the district or commissioners as party to such contracts. The committee shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate such contracts by mutual consent or otherwise as the commissioners of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of Section 69-27-41, nor the pendency of any action instituted under the provisions of such section, and the committee shall succeed to all the rights and obligations of the district or commissioners as to such liens and actions.

The State Soil and Water Conservation Committee shall not entertain petition for the discontinuance of any district nor conduct referendums upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this section, more often than once in one (1) year.

In the event a majority of the landowners vote to dissolve a district the State Soil and Water Conservation Committee shall dissolve same.

HISTORY: Codes, 1942, § 4954; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 11, eff from and after January 1, 1969.

Editor’s Notes —

State Soil and Water Conservation Committee renamed State Soil and Water Conservation Commission, see §69-27-2.

§ 69-27-65. Certain counties authorized to lease road machinery for soil conservation work.

  1. In order to assist in carrying out the objectives set forth in this article, the board of supervisors of Adams, Attala, Benton, Carroll, Chickasaw, Claiborne, Clarke, Clay, Copiah, Covington, Forrest, Franklin, George, Greene, Grenada, Hancock, Harrison, Hinds, Holmes, Jasper, Jefferson, Jefferson Davis, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Oktibbeha, Pearl River, Pike, Rankin, Scott, Simpson, Stone, Union, Walthall, Warren, Wayne, Webster, Winston, Yalobusha and Yazoo counties of the State of Mississippi are hereby authorized, in their discretion, to lease to any soil conservation district of said respective counties, as authorized in this article, any road machinery belonging to the respective counties upon reasonable terms to be agreed upon, by contract between such board and such district, entered on the minutes of the board of supervisors making the lease.
  2. Be it further provided that if no soil conservation district exists within the county that the boards of supervisors of such counties may lease, as provided in subsection (1) of this section, road machinery belonging to the county to agricultural associations organized under the provisions of Sections 79-17-1 through 79-17-39, Mississippi Code of 1972, under the same terms and conditions as specified hereinabove for lease to soil conservation districts.

HISTORY: Codes, 1942, § 4958; Laws, 1938, Ex. ch. 63.

§ 69-27-67. Counties may contribute to soil conservation districts.

  1. The board of supervisors of any county is authorized and empowered, in its discretion, to make contributions to the various soil conservation districts either now or hereafter located entirely or partially within such county, under the provisions of this article, or elsewhere in the laws of this state.
  2. This section is intended to be cumulative and not to repeal or limit or abridge any laws in this state which provide for assistance to soil conservation districts.

HISTORY: Codes, 1942, § 4958.5; Laws, 1956, ch. 186, §§ 1, 2.

Cross References —

Authority of governing authorities of municipalities to contribute to soil conservation districts, see §69-27-24.

OPINIONS OF THE ATTORNEY GENERAL

A county had statutory authority to appropriate and expend monies to a soil and water conservation district where the county had a local and private bill which created a special fund from gaming revenues, 40 percent of which could be expended, among other things, for the construction, support, or maintenance of public or nonprofit water and sewer systems, storm water drainage and flood prevention, public recreation uses, etc. Dulaney, February 12, 1999, A.G. Op. #99-0029.

A county is not responsible for paying the costs of life, health and workers’ compensation insurance premiums, matching social security and medicare, retirement benefits, and like expenses for soil and water conservation district employees. Barefield, Feb. 13, 2004, A.G. Op. 03-0069.

The appropriate method for the transfer of funds to a Soil and Water Conservation District is a determination left to the discretion and judgment of the board of supervisors. Barefield, Feb. 13, 2004, A.G. Op. 03-0069.

§ 69-27-69. Controlling effect of article.

In so far as any of the provisions of this article are inconsistent with the provisions of any other law, the provisions of this article shall be controlling.

HISTORY: Codes, 1942, § 4956; Laws, 1938, ch. 253.

Article 3. Federal Aid Projects.

§ 69-27-101. Mississippi State University of Agriculture and Applied Science to administer article.

In order to carry out the purposes of the Soil Conservation and Domestic Allotment Act enacted by the Congress of the United States, the Mississippi State University of Agriculture and Applied Science (hereinafter referred to as the “university”) is hereby designated as the agency of the State of Mississippi to administer any state plan authorized by this article which shall be approved by the secretary of agriculture of the United States (hereinafter referred to as the “secretary of agriculture”) for the State of Mississippi pursuant to the provisions of said Soil Conservation and Domestic Allotment Act.

HISTORY: Codes, 1942, § 4959; Laws, 1936, ch. 291.

Cross References —

Authorization of Mississippi State University of Agriculture and Applied Science to engage in agricultural work, generally, see §§37-113-19 et seq.

Adoption of land use regulations, see §69-27-37.

§ 69-27-103. Plan.

The university is hereby authorized, empowered and directed to formulate and submit to the Secretary of Agriculture, in conformity with the provisions of said Soil Conservation and Domestic Allotment Act, a state plan for each calendar year. It shall be the purpose of each such plan to promote such utilization of land and such farming practices as the university finds will tend, in conjunction with the operation of such other plans as may be approved for other states by the Secretary of Agriculture, to preserve and improve soil fertility, promote the economic use of land, diminish the exploitation and wasteful and unscientific use of natural soil resources, and reestablish and maintain the ratio between the purchasing power of the net income per person on farms and that of the income per person not on farms as defined in subsection (a) of Section 7 of said Soil Conservation and Domestic Allotment Act. Each such plan shall provide for adjustments in the utilization of land and in farming practices, through agreements with producers or through other voluntary methods, and for benefit payments in connection therewith, and also for such methods of administration not in conflict with any law of this state and such reports as the Secretary of Agriculture finds necessary for the effective administration of the plan and for ascertaining whether the plan is being carried out according to its terms.

HISTORY: Codes, 1942, § 4960; Laws, 1936, ch. 291.

Cross References —

Authorization of Mississippi State University of Agriculture and Applied Science to engage in agricultural work, generally, see §§37-113-19 et seq.

Adoption of land use regulations, see §69-27-37.

Federal Aspects—

Subsection (a) of Section 7 of the Soil Conservation and Domestic Allotment Act is codified at 16 USCS § 590g.

§ 69-27-105. Federal grants.

Upon the acceptance by the Secretary of Agriculture of each such plan submitted pursuant to Section 69-27-103, the university is authorized and empowered to accept and receive all grants of money made pursuant to said Soil Conservation and Domestic Allotment Act for the purpose of enabling the state to carry out the provisions of such plan, and all such funds, together with any moneys which may be appropriated by the state for such purpose, shall be available to the university for expenditures necessary in carrying out the plan, including administrative expenses, expenditures in connection with educational programs in aid of the plan, and benefit payments.

HISTORY: Codes, 1942, § 4961; Laws, 1936, ch. 291.

§ 69-27-107. Powers of university.

In carrying out the provisions of each plan submitted pursuant to Section 69-27-103, and accepted by the Secretary of Agriculture, the university shall have power: to employ such agents or agencies, and to establish such agencies, as it may find to be necessary; to cooperate with local and state agencies and with agencies of other states and of the federal government; to conduct research and educational activities in connection with the formulation and operation of such plan; to enter into agreements with producers, and to provide by other voluntary methods, for adjustments in the utilization of land and in farming practices, and for payments in connection therewith in amounts which the university determines to be fair and reasonable.

HISTORY: Codes, 1942, § 4962; Laws, 1936, ch. 291.

§ 69-27-109. Agents.

For the purpose of carrying out each such plan submitted pursuant to Section 69-27-103, and accepted by the Secretary of Agriculture, according to its terms, the university, through its board of trustees, is hereby authorized to delegate any of the powers herein conferred to such agents or agencies as may be designated by the university and approved by the Secretary of Agriculture.

HISTORY: Codes, 1942, § 4963; Laws, 1936, ch. 291.

§ 69-27-111. Reports.

The university shall render for each year an annual report to the Governor, who shall transmit a copy thereof to each house of the Legislature, covering its administration of such plan, as referred to in this article, and all operations thereunder, including also the expenditure of funds, and each such report shall be printed as a public document promptly upon its transmittal to the Governor.

HISTORY: Codes, 1942, § 4964; Laws, 1936, ch. 291.

§ 69-27-113. No liability on university.

Nothing herein shall be construed or operate to impose any obligation or liability upon the university or other than as herein specified.

HISTORY: Codes, 1942, § 4965; Laws, 1936, ch. 291.

Article 5. County Aid in Certain Counties.

§ 69-27-201. Designated counties authorized to aid soil erosion work.

For the purpose of preventing soil erosion and its accompanying evils in Attala, Carroll, Claiborne, Clay, Copiah, Forrest, Franklin, George, Greene, Grenada, Hancock, Harrison, Holmes, Humphreys, Itawamba, Jackson, Kemper, Lamar, Leake, Lee, Madison, Monroe, Neshoba, Oktibbeha, Pearl River, Pike, Prentiss, Rankin, Scott, Stone, Tishomingo, Union, Warren and Webster Counties, Mississippi, so far as possible, said counties are hereby authorized to declare it to be the policy of the county to encourage and assist owners of land therein to properly terrace and ditch their agricultural lands, and cooperate with the federal government in soil erosion work.

HISTORY: Codes, 1942, § 4966; Laws, 1938, ch. 285.

§ 69-27-203. Soil erosion committee.

The director of the state extension service, the director of the state agricultural and forestry experiment station, and the state forester of the State of Mississippi shall, on written application of any five or more landowners of said county, owning an aggregate of not less than seventy-five hundred acres of land therein, appoint a soil erosion committee for said county, to consist of three members, each to be over twenty-five years of age and the record owner of not less than one hundred and sixty acres of land within the county. The term of each member of said committee shall be five years from the date of his appointment, but any member may be removed from office as other public officers and the term of any member of said committee shall cease, if he fails to maintain his ownership of the requisite one hundred and sixty acres of land in the county. Vacancies on said committee shall be filled for a term of five years by appointment in the same manner as the original members were appointed. The members of said committee shall receive no pay for the services to be performed hereunder, but one member of said committee shall be designated by it as secretary of the committee, who shall be paid his reasonable expense out of the soil erosion funds herein provided for, by order of the board of supervisors, upon certificate of the committee.

HISTORY: Codes, 1942, § 4967; Laws, 1938, ch. 285.

§ 69-27-205. Soil erosion committees; duties, etc.

It shall be the duty of said soil erosion committee to cooperate with the county agent in all matters pertaining to soil erosion work within the county, and with all agencies of the state or federal government engaged in the prevention of soil erosion; to assist the county agent, or any other agency, state or federal, in obtaining contracts from landowners for terracing and/or ditching of agricultural lands within the county; to recommend to the board of supervisors the purchase of proper machinery and supplies for ditching and terracing work, either or both; to approve in their discretion all contemplated purchases of such machinery by the board of supervisors, after bids have been received therefor and before contracts have been let by said board for the purchase thereof; to approve in their discretion all contracts or agreements made by the board of supervisors for the employment of labor to operate said machinery before the same shall become operative; to approve the rate which each landowner shall pay for the terracing and/or ditching of his land, to be included in the contract therefor, and to supervise the performance of all such contracts; to personally audit at least once each year the soil erosion fund or funds of the county; and to make recommendations to the board of supervisors pertaining to the administration of such fund, and the amount of taxes, if any, necessary to be levied to maintain the same. Nothing in this section contained shall apply to the purchase of machinery or the employment of labor except for soil erosion and ditching work hereunder.

HISTORY: Codes, 1942, § 4968; Laws, 1938, ch. 285.

§ 69-27-207. Contracts between county and owner; benefit payments.

All contracts entered into hereunder between a county designated in Section 69-27-201 and an owner of land therein for the terracing and/or ditching thereof shall be in such legal form as may be approved by the attorney for the board of supervisors, and each such contract, before becoming effective, shall contain a legal description of the land, shall be signed in his own behalf by the owner of the land, and if the property contained in such description be a part of the homestead of such owner, by the husband or wife, as the case may be, before at least two witnesses, and properly proved for recording, or acknowledged before some officer authorized to accept acknowledgments, shall be approved in writing by the secretary of the soil erosion committee, and shall be accepted by the board of supervisors, by order upon its minutes setting forth the date of the contract and the name of the landowner. Any number of such contracts may be accepted in one order, but no such contract shall be accepted unless all taxes theretofore becoming due and payable on the land therein described have been paid. Upon the acceptance of such contract or contracts, the clerk of the board of supervisors, acting in his official capacity as chancery clerk, shall note upon the lis pendens record the name of such landowner, together with a description of the land contained in such contract, which listing shall be notice to any subsequent purchaser or incumbrancer. Any subsequent transaction concerning such land shall be by reason of such listing and such notice subject to any and all assessments which may thereafter be made by virtue of such contract. All such contracts so accepted shall remain binding upon the signers thereof unless cancelled by an order of the board of supervisors, either of its own motion or by mutual agreement with the then owner of the land. The county shall not be liable for damages or otherwise because of its cancellation of any such contract, or its failure to perform the same; and the owner of the land shall not be required to make any payment under such contract unless and until the work to be done thereunder has been completed. The amount to be paid by the owner of the land for the work to be done under any such contract may at his option be paid in one payment on or before the 1st day of February following the completion thereof, or in not more than four equal annual payments, the first payment to be due on the first day of February following completion of the work, and one on the first day of February in each year thereafter until all are paid, with six per cent (6%) interest from the maturity date of the first payment; but such option shall be exercised in advance, and the terms of payment stated in the contract. All payments under such contracts shall be made to the tax collector of the county, for the benefit of a soil erosion fund or funds, to be collected, accounted for, paid in, and commissions charged thereon by the tax collector, as in case of other taxes collected for the county, except that sales of land for default in such payments shall be as herein provided.

HISTORY: Codes, 1942, § 4969; Laws, 1938, ch. 285.

§ 69-27-209. Machinery and equipment; how purchased; operation; election on question of purchase.

[With regard to any county which is exempt from the provisions of Section 19-2-3, this section shall read as follows:]

The board of supervisors of a county as designated in Section 69-27-201 may, on the recommendation of the soil erosion committee, or shall, if so required by the election hereinafter provided for, advertise for bids as in other cases and purchase the proper terracing and/or ditching machinery, either for the county as a whole or for any one or more supervisors districts thereof as a soil erosion district, and provide the necessary labor for the operation thereof, and the necessary supplies and maintenance to properly operate the same, subject, however, to the approval of the soil erosion committee herein otherwise provided. In event the board of supervisors shall fail or refuse to advertise for bids for the purchase of any machinery recommended by said soil erosion committee within sixty (60) days after receipt of such recommendation, it shall, on the filing with it of a petition signed by ten percent (10%) or more of the qualified electors of the county as a whole, or of one or more supervisors districts as the petition may provide, call and hold as in other cases a special election in said county, or in such one or more supervisors districts, within sixty (60) days after the filing of the petition, in which election the question shall be, for or against the purchase of terracing and/or ditching machinery for the county, or for one or more supervisors districts as the case may be; and if a majority of the votes cast in said election be in favor of the purchase of such machinery, then said board shall, at its next meeting, advertise for bids for the purchase thereof, and thereafter further perform the duties required of it hereunder with respect to soil erosion work. Such advertisement for bids shall constitute notice to the public of the intention of the board to make such purchase and the board may proceed accordingly unless on or before the first day of the meeting at which said bids are to be opened a petition, signed by twenty percent (20%) or more of the qualified electors of the county, exclusive of those who pay poll tax only, or if the soil erosion district is composed of one or more supervisors districts then of twenty percent (20%) or more of such soil erosion district, shall be filed with the clerk of the board protesting against such purchase, in which event such purchase shall not be made unless approved in an election called and held for the purpose in the manner provided for the calling and holding of elections on the question of the issuance of tax anticipation note or notes. Said board shall have full supervision of all soil erosion work, the machinery, labor, supplies, contracts, and the funds arising from work performed, from taxation, if any, or otherwise, except to the extent herein otherwise specifically provided; and in administering the soil erosion fund the board shall take into consideration the repairs and replacements incident to the operation of the character of machinery in use in order that the work may continue without undue interruption as long as may be necessary. In event machinery be purchased hereunder for soil erosion districts composed of one or more supervisors districts, but less than the whole county, then the soil erosion fund shall be administered in one or more subdivisions as may be necessary, so as to keep separate the operations of the several soil erosion districts of the county, and the taxes levied, if any, shall likewise be levied upon said separate soil erosion districts, in the same manner as for separate road districts; and for these purposes such separate soil erosion districts may be designated by name or number, to be declared by the board. All acts and proceedings of the board with respect to soil erosion work and the funds thereof shall be by order upon its minutes, as in other cases. Contracts for terracing and/or ditching shall be performed as nearly as possible in the order of their dates, any deviation therefrom by reason of necessity, public convenience, causes beyond the control of the committee, or agreement with the landowners, to be under the direction of the soil erosion committee. Only one (1) committee shall be appointed in said county, regardless of the number of soil erosion districts in operation therein.

HISTORY: Codes, 1942, § 4970; Laws, 1938, ch. 285; Laws, 1988 Ex Sess, ch. 14, § 58, eff from and after October 1, 1989.

§ 69-27-209. Machinery and equipment; how purchased; operation; election on question of purchase.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:]

The board of supervisors of a county as designated in Section 69-27-201 may, on the recommendation of the soil erosion committee, or shall, if so required by the election hereinafter provided for, advertise for bids as in other cases and purchase the proper terracing and/or ditching machinery for the county and provide the necessary labor for the operation thereof, and the necessary supplies and maintenance to properly operate the same, subject, however, to the approval of the soil erosion committee herein otherwise provided. In event the board of supervisors shall fail or refuse to advertise for bids for the purchase of any machinery recommended by said soil erosion committee within sixty (60) days after receipt of such recommendation, it shall, on the filing with it of a petition signed by ten percent (10%) or more of the qualified electors of the county, call and hold as in other cases a special election in said county within sixty (60) days after the filing of the petition, in which election the question shall be, for or against the purchase of terracing and/or ditching machinery for the county; and if a majority of the votes cast in said election be in favor of the purchase of such machinery, then said board shall, at its next meeting, advertise for bids for the purchase thereof, and thereafter further perform the duties required of it hereunder with respect to soil erosion work. Such advertisement for bids shall constitute notice to the public of the intention of the board to make such purchase and the board may proceed accordingly unless on or before the first day of the meeting at which said bids are to be opened a petition, signed by twenty percent (20%) or more of the qualified electors of the county, shall be filed with the clerk of the board protesting against such purchase, in which event such purchase shall not be made unless approved in an election called and held for the purpose in the manner provided for the calling and holding of elections on the question of the issuance of tax anticipation note or notes. Said board shall have full supervision of all soil erosion work, the machinery, labor, supplies, contracts, and the funds arising from work performed, from taxation, if any, or otherwise, except to the extent herein otherwise specifically provided; and in administering the soil erosion fund the board shall take into consideration the repairs and replacements incident to the operation of the character of machinery in use in order that the work may continue without undue interruption as long as may be necessary. All acts and proceedings of the board with respect to soil erosion work and the funds thereof shall be by order upon its minutes, as in other cases. Contracts for terracing and/or ditching shall be performed as nearly as possible in the order of their dates, any deviation therefrom by reason of necessity, public convenience, causes beyond the control of the committee, or agreement with the landowners, to be under the direction of the soil erosion committee. Only one (1) committee shall be appointed in said county.

HISTORY: Codes, 1942, § 4970; Laws, 1938, ch. 285; Laws, 1988 Ex Sess, ch. 14, § 58, eff from and after October 1, 1989.

§ 69-27-211. Machinery and equipment; contracts with owners must be first obtained; additional machinery.

The soil erosion committee shall not, except as herein otherwise provided, make recommendation to the board for the purchase of the first machinery for said county, or part of the county, unless it has contracts in the form herein required, signed by the landowners, duly witnessed, and approved by the secretary of the committee, covering at least seventy-five hundred acres of land, which, however, shall justify the purchase of as many as three outfits of machinery; and thereafter the subsequent contracts made in said county, or part of the county, shall be allocated to the first machinery purchased therefor, until the whole amount reaches a total of not less than four thousand acres to each outfit. Should the committee thereafter obtain or have additional like contracts in said county, or part of the county, covering another four thousand acres or more, the same shall warrant the purchase of additional machinery by recommendation or election as herein provided; and this shall furnish the guide for all further purchases in said county or part of the county. In exceptional cases, where the board finds as a fact that the amount of work to be done upon the land is much greater than in ordinary cases, the board of supervisors may, with the unanimous consent of the soil erosion committee, reduce the amount of contract acreage necessary for the purchase of one outfit of machinery to not less than two thousand acres, and the amount of contract acreage to be allocated to one outfit of machinery to not less than three thousand acres, and the committee may then recommend purchases of machinery when those conditions are complied with, provided that not less than two outfits are owned or to be purchased by said county or part of the county under this article.

HISTORY: Codes, 1942, § 4971; Laws, 1938, ch. 285.

§ 69-27-213. Machinery and equipment; certificates of indebtedness for; tax levy; payment of expenses.

The board of supervisors shall have the right to issue certificates of indebtedness of the county for the purchase price of the necessary machinery for soil erosion work hereunder, or any part of such price, to be paid from the soil erosion fund of the county or part of the county for which such machinery is purchased, which certificates shall be payable in no more than three annual instalments, the first of which in the case of two instalments to be not less than one-half of the aggregate certificates issued for that purchase, and the first two of which in the case of three instalments to be for not less than one-third each of such aggregate, the first instalment in any case to be payable on the first Monday in April of the year following that in which the certificates are issued, and subsequent instalment on the first Monday in April each succeeding year. By its order purchasing such machinery the board may provide for the payment of interest at a rate of not more than six per cent (6%) per annum upon the deferred payments evidenced by said certificates, in which event said certificates shall show upon their face that fact, and shall be payable with interest accordingly; and said certificates shall also show upon their face the date when and the purpose for which issued, the principal amount of the certificate, the aggregate amount of the certificates issued for that particular purchase, the date when payable, and whether payable from the soil erosion fund of the whole county or of some named or numbered soil erosion district thereof; and all such certificates shall be signed by the president of the board, shall be countersigned by the clerk thereof, shall have the seal of the county impressed thereon, and shall be registered by the clerk when issued as is required in the case of bonds, and may be validated as such. The board shall also make appropriate provision, by budget and tax levy as in other cases, to so govern and supplement the soil erosion fund arising from performance of contracts for landowners, as to make prompt payments of all bills for labor, fuel, oil, supplies, repairs and other necessary cost and expenses incident to the operation of said machinery, the performance of said contracts, and the carrying out of the provisions hereof, and prompt payment of the certificates of indebtedness issued for the purchase of machinery, with interest, if any, as and when due. The board may also borrow money for the county in anticipation of taxes and the special assessments herein provided for, for the payment of current operating expenses of soil erosion work, as in case of other current operating expenses, the same to be paid out of the soil erosion fund, supplemented if necessary by a special tax as in other cases. Money so borrowed, as well as the certificates of indebtedness issued for the purchase of machinery, shall be a liability of the county until paid. The certificates herein provided for shall not be taken into consideration under any debt limitation statute.

HISTORY: Codes, 1942, § 4972; Laws, 1938, ch. 285.

§ 69-27-215. Notice of completion of contracts; special improvement tax; lien; lump sum payment, etc.

It shall be the duty of the soil erosion committee to notify the board of supervisors, the county assessor and the landowner within fifteen days after the performance of each contract by the county or separate soil erosion district, giving the assessor the name of the landowner, the legal description of the land, the amount to be paid to the county or district, and how payable, and to the landowner a notice that a special assessment will be made against his land by the assessor for the amount determined by the committee, and presented to the next meeting of the board of supervisors beginning more than ten days thereafter for approval. The assessor shall, at the next meeting of the board beginning more than ten days after such notice, file with the board of supervisors, in duplicate, on appropriate forms, keeping a copy thereof on file in his own office, an assessment of the land for a special improvement tax thereon equal to the amount fixed by the committee, and payable as provided by the contract. It shall be the duty of the board of supervisors at said meeting to hear any objections to such assessment, by the landowner or the holder of any lien thereon, and to determine the amount of the assessment, not to exceed the amount fixed by the committee, and to approve the assessment as finally determined. The clerk of the board shall forthwith certify such assessment to the tax collector of the county upon the duplicate of the assessment filed by the assessor. In event such assessment be not returned to or acted upon by the board at the first meeting for any reason, it may be returned, considered and acted upon at any subsequent meeting. When approved, such assessment shall be a lien upon the land subordinate only to the lien of other taxes, prior and subsequent, and no delay or irregularity in the giving of notices, the making of the assessment, the hearing and approval thereof, or the certification thereof to the tax collector, shall affect the validity of the assessment if the work was actually done upon the land and the amount of the assessment does not exceed the contract price. Appeals may be taken to the circuit court of the county as in other cases of assessments for taxation, by the landowner or the holder of any lien upon the land. Nothing herein contained shall prevent any landowner from making payment to the tax collector of the estimated amount to become due under his contract, or any part thereof, in advance of the time the same becomes due, and the tax collector shall receive any payment so tendered, and give the landowner credit therefor against the assessment when made.

HISTORY: Codes, 1942, § 4973; Laws, 1938, ch. 285.

§ 69-27-217. Tax collector’s role; collection of assessment; sale of land for non-payment; redemption.

It shall be the duty of the tax collector to preserve all assessments so certified to him, to note upon the real property assessment roll of the county or county district upon which ad valorem taxes are to be collected for the year in which said work was done, the fact that said land is subject to a special soil erosion fund tax, and to collect with the other taxes payable on February first, giving a separate receipt therefor, the amount of the special soil erosion fund tax then due accordingly, and to so continue from year to year until such a special tax has been paid in full. If said special tax was to be paid in one payment within one year after completion of the work, the assessment shall be made accordingly, and the tax shall be then payable, and shall be collected at the time shown by the assessment. In event said tax or any part thereof is not paid when due, the tax collector shall advertise and sell the land liable therefor as in the case of lands sold for the non-payment of drainage district taxes, and all provisions of law applicable to such drainage district tax sales shall be applied in the case of soil erosion fund tax sales, except that if there are no other bidders the soil erosion committee shall become the purchaser on behalf of and in the name of the county, a sale or sales may be made on the first Monday of any month, and such sales shall be subordinate to all other sales of taxes, prior or subsequent, to the same extent as sales for other special improvements. For the protection of its rights hereunder, any of said counties may redeem from sale of any such lands to the state after any tax sale thereof by payment to the state of the state taxes with damages thereon and costs of sale.

HISTORY: Codes, 1942, § 4974; Laws, 1938, ch. 285.

§ 69-27-219. No contracts on incumbered land.

No contract shall be approved by the soil erosion committee of any of said counties designated in Section 69-27-201, concerning any lands whereon there is any lien of any character whatever, except lien for current taxes, unless the holder of such lien shall have first approved such contract, and such approval shall operate as a waiver of such lien in favor of and in subordination to any subsequent special assessment made in accordance herewith.

HISTORY: Codes, 1942, § 4975; Laws, 1938, ch. 285.

§ 69-27-221. Price of equipment.

No bids for furnishing equipment under the provisions of this article may be considered or accepted by any county, unless said bid is the factory list price plus a reasonable delivery charge.

HISTORY: Codes, 1942, § 4976; Laws, 1938, ch. 285.

§ 69-27-223. Additional equipment not purchased until.

In the event of a tax levy being made to pay the purchase price of any equipment purchased under this article, the county shall not be authorized to purchase any additional equipment until enough money has been collected from the use of equipment already purchased, sufficient to pay back into the county treasury the full amount collected by such tax levy.

HISTORY: Codes, 1942, § 4977; Laws, 1938, ch. 285.

Article 7. Soil and Water Conservation Cost-Share Program.

§ 69-27-301. Definitions.

The following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

“Commission” shall mean the Mississippi Soil and Water Conservation Commission.

“District” or “soil and water conservation district” means a governmental subdivision of the state and a public body , corporate and politic, organized in accordance with the provisions of Section 69-27-1, Mississippi Code of 1972, for the purposes, with the powers and subject to the restrictions hereinafter set forth.

“State” means the State of Mississippi.

“Agency of this state” includes the government of this state and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this state.

“United States” or “agencies of the United States” includes the United States of America, the United States Department of Agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.

“Government” or “governmental” includes the government of this state, the government of the United States, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them.

“Landowner” or “owner of land” includes any person, firm, or corporation who shall hold legal or equitable title to any lands lying within a soil and water conservation district.

“Land operator” or “operator of land” includes any person, firm or corporation, other than the owner, who shall be in possession of any lands lying within a soil and water conservation district whether as lessee, renter, tenant or otherwise.

“Eligible lands” shall mean lands owned or leased by a private individual, group or association, and lands owned by the State of Mississippi or any political subdivision thereof.

“Cost-share assistance” shall mean partial financial assistance in such amounts as the commission, in its discretion, shall determine, subject to the limitations as set by the State Soil and Water Conservation Commission.

“Approved practice” means those farming practices or operations that are carried out in a manner that will directly benefit the conservation, development or proper utility of soil and water resources.

HISTORY: Laws, 1985, ch. 375, § 1, eff from and after July 1, 1985.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 23.

CJS.

3 C.J.S. Agriculture § 72.

§ 69-27-303. Administration of program.

The commission shall serve as the administrator of the provisions of this act and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the Soil and Water Cost-Share Program.

HISTORY: Laws, 1985, ch. 375, § 2, eff from and after July 1, 1985.

§ 69-27-305. Authority to employ personnel and procure supplies.

The commission and districts are authorized to employ such professional and clerical assistance and obtain such supplies and equipment as needed to implement this program.

HISTORY: Laws, 1985, ch. 375, § 3, eff from and after July 1, 1985.

§ 69-27-307. Rulemaking powers.

The commission shall adopt and promulgate such rules and regulations as necessary for the implementation of the Mississippi Soil and Water Cost-Share Program. The commission is authorized to conduct public hearings or otherwise seek the advice, counsel and recommendations of interested owners, associations, industrialists or other persons or groups. Adequate notice of any public hearing must be provided within the general area of the site of the hearing. The commission shall publish such rules and regulations and shall make the same available upon request.

HISTORY: Laws, 1985, ch. 375, § 4, eff from and after July 1, 1985.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 23.

CJS.

3 C.J.S. Agriculture § 72.

§ 69-27-308. Participation in water quality cost-share project.

For a district commissioner to participate in any water quality cost-share project funded directly or indirectly by the United States Environmental Protection Agency, the district board of which the commissioner is a member shall not participate in the proposal, development, planning, advisory or implementation phases of the project. The Mississippi Soil and Water Conservation Commission shall make all decisions without the involvement of the district board.

HISTORY: Laws, 1996, ch 378, § 1, eff from and after passage (approved March 18, 1996).

§ 69-27-309. Use of funds appropriated for commission.

The commission is authorized to use money appropriated therefor to assist in implementing approved practices on a cost-sharing basis on eligible lands in the State of Mississippi.

HISTORY: Laws, 1985, ch. 375, § 5, eff from and after July 1, 1985.

§ 69-27-311. Implementation of program; recovery of improperly used grants.

The commission shall have the following powers and duties to implement the provisions of the Mississippi Soil and Water Cost-Share Program:

To determine which approved practices shall be eligible for cost-share assistance;

To establish maximum sums and cost-share rates which any one eligible landowner or land operator may receive for implementation of an approved practice;

To review periodically the costs of establishing conservation practices and to make such adjustment as, in the discretion of the commission, is necessary.

Upon request of the commission, the Attorney General of the State of Mississippi shall institute proper legal proceedings to recover any or all of the cost-share assistance provided an eligible landowner or land operator if the commission shall determine that the landowner or land operator failed to implement any portion of or all of the practice approved by the commission for such landowner or land operator, and if the commission determines that legal proceedings are necessary and proper.

HISTORY: Laws, 1985, ch. 375, § 6, eff from and after July 1, 1985.

RESEARCH REFERENCES

ALR.

Constitutionality of reforestation or forest conservation legislation. 13 A.L.R.2d 1095.

Validity and construction of anti-water pollution statutes or ordinances. 32 A.L.R.3d 215.

Conservation: validity, construction, and application of enactments restricting land development by dredging or filling. 46 A.L.R.3d 1422.

Validity, construction, and application of statutes requiring assessment of environmental information prior to grants of entitlements for private land use. 76 A.L.R.3d 388.

State and local regulation of private landowner’s disposal of solid waste on own property. 37 A.L.R.4th 635.

Am. Jur.

3 Am. Jur. 2d, Agriculture § 23.

CJS.

3 C.J.S. Agriculture § 72.

§ 69-27-313. Application for assistance; consideration by commission.

Any eligible landowner or land operator who wishes to receive cost-share assistance shall file an application with the soil and water conservation district stating the practice to be implemented. Upon the receipt of an application, the district shall:

Make a need and feasibility determination;

Inform the landowner or land operator of the result of the needs and feasibility study and inform the landowner or land operator as to what practice is approved for installation.

HISTORY: Laws, 1985, ch. 375, § 7, eff from and after July 1, 1985.

RESEARCH REFERENCES

ALR.

Constitutionality of reforestation or forest conservation legislation. 13 A.L.R.2d 1095.

Validity and construction of anti-water pollution statutes or ordinances. 32 A.L.R.3d 215.

Conservation: validity, construction, and application of enactments restricting land development by dredging or filling. 46 A.L.R.3d 1422.

Validity, construction, and application of statutes requiring assessment of environmental information prior to grants of entitlements for private land use. 76 A.L.R.3d 388.

State and local regulation of private landowner’s disposal of solid waste on own property. 37 A.L.R.4th 635.

Am. Jur.

3 Am. Jur. 2d, Agriculture § 22.

CJS.

3 C.J.S. Agriculture § 57.

§ 69-27-315. Application to state-owned lands.

Any agency, department, board, commission or other subdivision of government of the State of Mississippi, or any political subdivision thereof, is authorized to implement an approved practice on any lands owned by such political entity or owned by the State of Mississippi and supervised or managed by such entity. The governing authorities of such entity shall engage the assistance of the county conservation district of the county in which the land is located in the preparation of an application for submission to the district. The district shall treat any such political entity as an individual owner for purposes of considering applications, granting cost-share assistance and approving the practice implemented.

HISTORY: Laws, 1985, ch. 375, § 8, eff from and after July 1, 1985.

Article 9. Acquisition of Heavy or Specialized Machinery or Equipment Necessary for Installation of Soil and Water Conservation Measures.

§ 69-27-331. Conservation commission authorized to acquire and make available machinery and equipment; amortization of costs; rental fees.

    1. The State Soil and Water Conservation Commission, subject to the restrictions provided in Sections 69-27-331 through 69-27-341, is authorized to acquire and to make available, or to assist in acquiring or making available to soil and water conservation districts, heavy or specialized machinery or equipment deemed necessary for installation and implementation of soil and water conservation practices or measures.
    2. The heavy or specialized machinery or equipment purchased under this section may be either new or used. The commission may purchase used equipment through a duly licensed and authorized public auction of agricultural, heavy or specialized equipment as authorized under Section 31-7-13.
  1. When the commission acquires or makes available to any district the machinery or equipment referred to in subsection (1) of this section, it shall require the district to fully amortize to the commission any amount so expended by the commission for such assistance. The amount and method of amortization for each piece of heavy or specialized machinery or equipment shall be determined by the commission in conjunction with the soil and water conservation district. In making this determination, the following shall be considered: (a) full amortization to the commission of the capital outlay for the machinery or equipment over the period of its reasonably anticipated full usefulness; and, when necessary (b) (i) cover the cost of operation, maintenance and repairs; (ii) pay the usual cost of providing an operator; (iii) compensate the district for the usual costs of transportation from one (1) job to another.
  2. In giving effect to all of the foregoing, the commission shall estimate the amount of time such machinery or equipment would ordinarily be idle.

HISTORY: Laws, 1990, ch. 499, § 1; Laws, 1991, ch. 341, § 1; Laws, 2001, ch. 333, § 1, eff from and after passage (approved Mar. 5, 2001.).

Cross References —

Used heavy or specialized machinery or equipment for installation of soil and water conservation practices purchased at auction, see §31-7-13.

State Soil and Water Conservation Commission, see §69-27-1 et seq.

Record keeping requirements with respect to use of machinery and equipment referred to in this section, see §69-27-335.

Authority for districts to combine to obtain machinery and equipment referred to in this section, see §69-27-339.

Authority of commission to promulgate rules and regulations to effectuate the purposes of this section, see §69-27-341.

Cost of machinery and equipment acquired by commission under this section to be paid from revolving fund, see §69-27-343.

§ 69-27-333. Commission to retain title to machinery and equipment.

The Soil and Water Conservation Commission shall retain title to each piece of heavy or specialized machinery or equipment so purchased and made available to any soil and water conservation district until such time as the district fully amortizes the commission’s investment in such machinery or equipment. After the commission’s investment in such machinery or equipment has been fully amortized, it is authorized and empowered to transfer the title thereto to the district.

HISTORY: Laws, 1990, ch. 499, § 2, eff from and after July 1, 1990.

Cross References —

State Soil and Water Conservation Commission, see §69-27-1 et seq.

Authority of commission to promulgate rules and regulations to effectuate the purposes of this section, see §69-27-341.

Cost of machinery and equipment acquired by commission under this section to be paid from revolving fund, see §69-27-343.

§ 69-27-335. Record keeping requirements; inventory of equipment.

Each soil and water conservation district which receives or uses the machinery or equipment referred to in Section 69-27-331 shall maintain its public records to show for each piece of machinery or equipment: (a) the amounts collected from each job in each district; (b) the expense of repairing, moving, manning and other usual cost of operation; and (c) the amount paid by each district for the purpose of amortizing the commission’s investment in such machinery or equipment. Each of such districts shall send a duplicate copy of those records to the commission, which shall retain such copies in its files for public inspection. In addition thereto, the commission shall at all times maintain an account showing each piece of machinery or equipment the title to which is vested in it, the amount paid thereon by any soil and water conservation district, and the amount remaining to be amortized; and the commission shall also maintain a current inventory of all such equipment, shall have such equipment marked and identified as being the property of the commission, and shall promulgate rules and regulations which shall ensure that the use of such equipment within each district is on an equitable basis.

HISTORY: Laws, 1990, ch. 499, § 3, eff from and after July 1, 1990.

Cross References —

Authority of commission to promulgate rules and regulations to effectuate the purposes of this section, see §69-27-341.

Cost of machinery and equipment acquired by commission under this section to be paid from revolving fund, see §69-27-343.

§ 69-27-337. Payment of amortized rental fees; collection of delinquent payments; deposit of funds.

The amount paid by any such district to the commission for amortization purposes shall be made semiannually. When payments are not received by the commission within sixty (60) days of the due date the commission shall take all necessary actions to collect such delinquent payments. Amounts received or collected hereunder shall be credited to the revolving fund created in Section 69-27-343.

HISTORY: Laws, 1990, ch. 499, § 4, eff from and after July 1, 1990.

Cross References —

Authority of commission to promulgate rules and regulations to effectuate the purposes of this section, see §69-27-341.

Cost of machinery and equipment acquired by commission under this section to be paid from revolving fund, see §69-27-343.

§ 69-27-339. Conservation districts authorized to obtain machinery or equipment in combination.

Any two (2) or more soil and water conservation districts may combine with each other for the purpose of obtaining and using the machinery or equipment referred to in Section 69-27-331, on the terms and conditions set forth in Sections 69-27-331 through 69-27-341.

HISTORY: Laws, 1990, ch. 499, § 5, eff from and after July 1, 1990.

Cross References —

Authority of commission to promulgate rules and regulations to effectuate the purposes of this section, see §69-27-341.

Cost of machinery and equipment acquired by commission under this section to be paid from revolving fund, see §69-27-343.

§ 69-27-341. Commission authorized to promulgate rules and regulations.

The commission is authorized to promulgate such rules and regulations or methods of accounting as may be necessary or expedient to give effect to the purposes expressed in Sections 69-27-331 through 69-27-341.

HISTORY: Laws, 1990, ch. 499, § 6, eff from and after July 1, 1990.

Cross References —

Cost of machinery and equipment acquired by commission under this section to be paid from revolving fund, see §69-27-343.

§ 69-27-343. Revolving fund.

There is created in the State Treasury a revolving fund which shall be comprised of any monies appropriated thereto by the Legislature, the proceeds from any bonds issued under Sections 69-27-345 through 69-27-365, and payments made by districts to the commission for amortization purposes. The costs of all machinery and equipment acquired by the commission for soil and water conservation districts under Sections 69-27-331 through 69-27-341 shall be paid from the revolving fund. The monies in the revolving fund shall not be used for any purpose other than to make available to soil and water conservation districts the machinery and equipment of the type referred to in Section 69-27-331 or to make principal and interest payments on the bond issue as required by Section 69-27-347. The monies in the revolving fund shall not lapse to the General Fund at the end of the fiscal year.

HISTORY: Laws, 1990, ch. 499, § 7, eff from and after July 1, 1990.

Cross References —

Deposit of amortized rental fees for use of machinery or equipment into fund created in this section, see §69-27-337.

Sale of bonds to provide funds for revolving fund established in this section, see §69-27-345.

Bond payments to be made from fund established in this section, see §69-27-347.

Proceeds from sale of bonds to be deposited in fund established in this section, see §69-27-357.

§ 69-27-345. Authority to issue bonds to fund revolving fund.

The State Soil and Water Conservation Commission 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 revolving fund established in Section 69-27-343. Upon the adoption of a resolution by the commission, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by Sections 69-27-345 through 69-27-365, the commission 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 69-27-345 through 69-27-365 shall not exceed Five Hundred Thousand Dollars ($500,000.00) in the aggregate.

HISTORY: Laws, 1990, ch. 499, § 8; Laws, 2005, ch. 521, § 4, eff from and after passage (approved Apr. 20, 2005.).

Amendment Notes —

The 2005 amendment substituted “Five Hundred Thousand Dollars ($500,000.00)” for “Three Million Dollars ($3,000,000.00)” in the last sentence.

Cross References —

State Bond Commission, see §31-17-1 et seq.

State Soil and Water Conservation Commission, see §69-27-1 et seq.

Revolving fund for deposit of proceeds of bonds authorized by this section, see §69-27-343.

Interest rates for bonds issued under this section, see §69-27-351.

Attorney General to represent commission in issuing, selling and validating bonds authorized under this section, see §69-27-359.

Bonds issued under this section as legal investments, see §69-27-361.

Bonds issued under this section, and income therefrom, as tax exempt, see §69-27-363.

Sections69-27-345 through69-27-363 as complete authority to issue bonds authorized by this section, see §69-27-365.

§ 69-27-347. State’s full faith and credit pledged; repayment 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.

All monies in such revolving fund which are not necessary to pay accruing bonds and interest shall be invested by the State Treasurer in such securities as are provided by law for the investment of funds of the state, and the earnings on such investments shall be transferred by the Treasurer into the revolving fund created in Section 69-27-343.

HISTORY: Laws, 1990, ch. 499, § 9; Laws, 2005, ch. 521, § 5, eff from and after passage (approved Apr. 20, 2005.).

Amendment Notes —

The 2005 amendment deleted the former second paragraph, which read: “However, in addition to the full faith, credit and taxing power pledged by the state, the State Soil and Water Conservation Commission shall be responsible for the payment of Two Million Dollars ($ 2,000,000.00) of such bonds and interest thereon. Such payments shall be derived from the revolving fund established pursuant to Section 69-27-343. The State Soil and Water Conservation Commission shall only be responsible for such payments after the initial amount of One Million Dollars ($1,000,000.00) of such bonds have been issued and are paid for solely from the General Fund.”

Cross References —

State Soil and Water Conservation Commission, see §69-27-1 et seq.

Revolving fund for deposit of proceeds of bonds authorized by this section, see §69-27-343.

Resolution by commission declaring necessity of bonds authorized by this section and maximum amount of such bonds, see §69-27-345.

Interest rates for bonds issued under this section, see §69-27-351.

Attorney General to represent commission in issuing, selling and validating bonds authorized under this section, see §69-27-359.

Bonds issued under this section as legal investments, see §69-27-361.

Bonds issued under this section, and income therefrom, as tax exempt, see §69-27-363.

Sections69-27-345 through69-27-363 as complete authority to issue bonds authorized by this section, see §69-27-365.

§ 69-27-349. Terms of bonds; sale of bonds; expenses of issuance.

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, 1990, ch. 499, § 10, eff from and after July 1, 1990.

Cross References —

State Bond Commission, see §31-17-1 et seq.

Revolving fund for deposit of proceeds of bonds authorized by this section, see §69-27-343.

Resolution by commission declaring necessity of bonds authorized by this section and maximum amount of such bonds, see §69-27-345.

Interest rates for bonds issued under this section, see §69-27-351.

Attorney General to represent commission in issuing, selling and validating bonds authorized under this section, see §69-27-359.

Bonds issued under this section as legal investments, see §69-27-361.

Bonds issued under this section, and income therefrom, as tax exempt, see §69-27-363.

Sections69-27-345 through69-27-363 as complete authority to issue bonds authorized by this section, see §69-27-365.

§ 69-27-351. Interest on bonds; maturity of bonds.

No bond issued under Sections 69-27-345 through 69-27-365 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, 1990, ch. 499, § 11, eff from and after July 1, 1990; Laws, 1993, ch. 472, § 5, eff from and after passage (approved March 27, 1993).

Cross References —

Revolving fund for deposit of proceeds of bonds authorized by this section, see §69-27-343.

Resolution by commission declaring necessity of bonds authorized by this section and maximum amount of such bonds, see §69-27-345.

Attorney General to represent commission in issuing, selling and validating bonds authorized under this section, see §69-27-359.

Bonds issued under this section as legal investments, see §69-27-361.

Bonds issued under this section, and income therefrom, as tax exempt, see §69-27-363.

Sections69-27-345 through69-27-363 as complete authority to issue bonds authorized by this section, see §69-27-365.

§ 69-27-353. Notice of sale of bonds.

Notice of the sale of any such bonds shall be published at least two (2) times, the first of 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 and in one or more other newspapers or financial journals with a large national circulation, to be selected by the State Bond Commission.

HISTORY: Laws, 1990, ch. 499, § 12, eff from and after July 1, 1990.

Cross References —

State Bond Commission, see §31-17-1 et seq.

Revolving fund for deposit of proceeds of bonds authorized by this section, see §69-27-343.

Resolution by commission declaring necessity of bonds authorized by this section and maximum amount of such bonds, see §69-27-345.

Interest rates for bonds issued under this section, see §69-27-351.

Attorney General to represent commission in issuing, selling and validating bonds authorized under this section, see §69-27-359.

Bonds issued under this section as legal investments, see §69-27-361.

Bonds issued under this section, and income therefrom, as tax exempt, see §69-27-363.

Sections69-27-345 through69-27-363 as complete authority to issue bonds authorized by this section, see §69-27-365.

§ 69-27-355. Execution of bonds; signatures on bonds.

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, 1990, ch. 499, § 13, eff from and after July 1, 1990.

Cross References —

State Bond Commission, see §31-17-1 et seq.

Revolving fund for deposit of proceeds of bonds authorized by this section, see §69-27-343.

Resolution by commission declaring necessity of bonds authorized by this section and maximum amount of such bonds, see §69-27-345.

Interest rates for bonds issued under this section, see §69-27-351.

Attorney General to represent commission in issuing, selling and validating bonds authorized under this section, see §69-27-359.

Bonds issued under this section as legal investments, see §69-27-361.

Bonds issued under this section, and income therefrom, as tax exempt, see §69-27-363.

Sections69-27-345 through69-27-363 as complete authority to issue bonds authorized by this section, see §69-27-365.

§ 69-27-357. Deposit of proceeds of bonds; disbursements.

Upon the issuance and sale of such bonds, the State Bond Commission shall transfer the proceeds of any such sale or sales to the revolving fund created in Section 69-27-343. The proceeds of such bonds shall be disbursed solely upon the order of the Soil and Water Conservation Commission under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.

HISTORY: Laws, 1990, ch. 499, § 14, eff from and after July 1, 1990.

Cross References —

State Bond Commission, see §31-17-1 et seq.

State Soil and Water Conservation Commission, see §69-27-1 et seq.

Revolving fund for deposit of proceeds of bonds authorized by this section, see §69-27-343.

Resolution by commission declaring necessity of bonds authorized by this section and maximum amount of such bonds, see §69-27-345.

Interest rates for bonds issued under this section, see §69-27-351.

Attorney General to represent commission in issuing, selling and validating bonds authorized under this section, see §69-27-359.

Bonds issued under this section as legal investments, see §69-27-361.

Bonds issued under this section, and income therefrom, as tax exempt, see §69-27-363.

Sections69-27-345 through69-27-363 as complete authority to issue bonds authorized by this section, see §69-27-365.

§ 69-27-359. Attorney General to represent Bond Commission in issuing bonds; payment of costs.

Except as otherwise authorized in Section 7-5-39, the Attorney General of the State of Mississippi shall represent the Soil and Water Conservation Commission in issuing, selling and validating bonds authorized under Sections 69-27-345 through 69-27-365, and the commission is authorized to pay from the proceeds derived from the sale of such bonds or from other funds available to the commission, the reasonable cost of approving attorney’s fees, validating, printing, cost of delivery of such bonds and any other necessary costs of issuance.

HISTORY: Laws, 1990, ch. 499, § 15; Laws, 2012, ch. 546, § 31, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment added the exception at the beginning.

Cross References —

State Soil and Water Conservation Commission, see §69-27-1 et seq.

Revolving fund for deposit of proceeds of bonds authorized by this section, see §69-27-343.

Resolution by commission declaring necessity of bonds authorized by this section and maximum amount of such bonds, see §69-27-345.

Interest rates for bonds issued under this section, see §69-27-351.

Bonds issued under this section as legal investments, see §69-27-361.

Bonds issued under this section, and income therefrom, as tax exempt, see §69-27-363.

Sections69-27-345 through69-27-363 as complete authority to issue bonds authorized by this section, see §69-27-365.

§ 69-27-361. Bonds as legal investments.

Bonds issued under Sections 69-27-345 through 69-27-365 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, 1990, ch. 499, § 16, eff from and after July 1, 1990.

Cross References —

Revolving fund for deposit of proceeds of bonds authorized by this section, see §69-27-343.

Resolution by commission declaring necessity of bonds authorized by this section and maximum amount of such bonds, see §69-27-345.

Interest rates for bonds issued under this section, see §69-27-351.

Attorney General to represent commission in issuing, selling and validating bonds authorized under this section, see §69-27-359.

Bonds issued under this section, and income therefrom, as tax exempt, see §69-27-363.

Sections69-27-345 through69-27-363 as complete authority to issue bonds authorized by this section, see §69-27-365.

§ 69-27-363. Bonds and income exempt from certain taxes.

All bonds issued under Sections 69-27-345 through 69-27-365 and the income therefrom shall be exempt from all taxation except gift, transfer and inheritance taxes.

HISTORY: Laws, 1990, ch. 499, § 17, eff from and after July 1, 1990.

Cross References —

Revolving fund for deposit of proceeds of bonds authorized by this section, see §69-27-343.

Resolution by commission declaring necessity of bonds authorized by this section and maximum amount of such bonds, see §69-27-345.

Interest rates for bonds issued under this section, see §69-27-351.

Attorney General to represent commission in issuing, selling and validating bonds authorized under this section, see §69-27-359.

Bonds issued under this section as legal investments, see §69-27-361.

Sections69-27-345 through69-27-363 as complete authority to issue bonds authorized by this section, see §69-27-365.

§ 69-27-365. Sections 69-27-345 through 69-27-363 as complete authority for issuance of bonds.

Sections 69-27-345 through 69-27-363, without reference to any statute not referred to herein, shall be deemed to be full and complete authority for the issuance of such bonds, 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 under Sections 69-27-345 through 69-27-363, and no proceedings shall be required for the issuance of such bonds other than those provided for and required herein, and all powers necessary to be exercised in order to carry out the provisions of Sections 69-27-345 through 69-27-363 are hereby conferred.

HISTORY: Laws, 1990, ch. 499, § 18, eff from and after July 1, 1990.

Cross References —

Revolving fund for deposit of proceeds of bonds authorized by this section, see §69-27-343.

Resolution by commission declaring necessity of bonds authorized by this section and maximum amount of such bonds, see §69-27-345.

Interest rates for bonds issued under this section, see §69-27-351.

Attorney General to represent commission in issuing, selling and validating bonds authorized under this section, see §69-27-359.

Bonds issued under this section as legal investments, see §69-27-361.

Bonds issued under this section, and income therefrom, as tax exempt, see §69-27-363.

§ 69-27-367. Severability provision.

If for any reason any section, paragraph, provision, clause or part of Sections 69-27-345 through 69-27-365 shall be held unconstitutional or invalid, that section shall not affect or invalidate any other section, paragraph, provision, clause or part of sections 69-27-331 through 69-27-367 not in and of itself invalid, but the remaining portions thereof shall be in force without regard to that so invalidated.

HISTORY: Laws, 1990, ch. 499, § 19, eff from and after July 1, 1990.

§ 69-27-369. Sale of equipment by Commission; retention and use of funds solely for purchase of equipment.

  1. The Soil and Water Conservation Commission is hereby authorized to retain all funds generated from the sale of equipment. Any funds made available from the sale of equipment shall be deposited into the special fund in the State Treasury to the credit of the Soil and Water Conservation Commission and shall be used solely for the purpose of purchasing equipment.
  2. Sales of equipment may be made by the Soil and Water Conservation Commission by any lawful method, including public auction. The Department of Audit shall adopt rules and regulations governing any sale conducted by public auction.

HISTORY: Laws, 1993, ch. 384, § 1, eff from and after July 1, 1993.

Article 11. Natural Resources Conservation Education Fund.

§ 69-27-401. Creation of fund; purpose and use of monies in fund.

There is created in the State Treasury a special fund to be designated as the “Natural Resources Conservation Education Fund.” The fund shall consist of such monies as are required to be deposited therein under Section 27-19-56.19; any gifts, grants or other contributions from any federal, state or local government or any person, firm or corporation; and such other monies as the Legislature may appropriate or authorize to be deposited into the fund. Monies in the fund may be used upon appropriation by the Legislature, by the Mississippi Soil and Water Conservation Commission to develop, produce and distribute materials used to educate individuals, groups or both, as to the natural resources of the State of Mississippi and the conservation of such resources.

HISTORY: Laws, 2000, ch. 536, § 9, eff from and after July 1, 2000.

Chapter 28. Protection and Conservation of Agricultural Lands

§ 69-28-1. Legislative purpose and intent.

It is the intent and purpose of the Legislature to encourage the conservation, protection and responsible utilization of lands that are managed for purposes of agricultural production. It is recognized that such lands are finite, fragile and valuable resources that contribute economically and socially to the well-being of the State of Mississippi. It is also recognized that these lands are subject to change and conversion from agricultural production as a result of urban expansion, transportation projects, water impoundments, utility expansion and similar land development measures. It is the policy of the Legislature to provide a process for the recognition of lands dedicated to agricultural production and to assure an accurate understanding of the impacts of public policy decisions that might otherwise alter the capability of those lands to remain in agricultural production.

HISTORY: Laws, 1997, ch. 469, § 1, eff from and after July 1, 1997.

§ 69-28-3. Definitions.

As used in this chapter, unless the context clearly indicates otherwise:

“Agricultural production” means those operations including associated land and facility management activities engaged in the commercial propagation, raising, harvesting and/or processing of any plant or animal or products thereof for the purposes of consumption, utilization, goods or services either on-site or for distribution.

“Farmland” means land and associated facilities involved in agricultural production activities.

“Agricultural district” means those properties residing within a contiguous boundary and meeting appropriate criteria for designation as such by the local soil and water conservation district.

“Soil and water conservation district” means that governmental body established by Section 69-27-15 et seq.

“State Soil and Water Conservation Commission” means that governmental body established by Section 69-27-2 et seq.

“District commissioners” means the governing body of the local soil and water conservation district.

“Ownership” means any individual, family, company, corporation or organization holding title to property within a proposed or established agricultural district.

“Petition” means the application and the application process for designation of an agricultural district as submitted to the local soil and water conservation district.

HISTORY: Laws, 1997, ch. 469, § 2, eff from and after July 1, 1997.

§ 69-28-5. Qualifications for designation as agricultural district.

To qualify for designation as an agricultural district, a district shall initially contain at least fifty (50) contiguous acres and may include any number of individual property ownerships; however, no single ownership shall contain less than fifteen (15) acres.

Agricultural districts shall include only ownerships engaged in agricultural production.

Before designation of an agricultural district, landowners must submit a petition to the local soil and water conservation district commissioners requesting designation of an agricultural district. The petition shall include the following information:

A general description of the proposed agricultural district including total number of ownerships, total acreage, land use information, social and economic information about the respective area of the county and potential impacts on development of agricultural production;

Location of the proposed agricultural district boundary on a standard United States Geological Survey Quadrangle map (1:2000 scale);

Location of the proposed agricultural district boundary on the local county tax assessor map including location and identification of each ownership within the agricultural district as well as identification of all ownerships adjacent to the agricultural district;

A description of the type and extent of agricultural production activity for each ownership within the proposed agricultural district;

Other pertinent information as the local soil and water conservation district commissioners may require to evaluate the petition.

Individual ownership participation in an agricultural district is entirely voluntary, and no land shall be included in the agricultural district without the consent of the owner.

Upon receipt of a petition the local soil and water conservation district commissioners shall notify the county board of supervisors and/or any local or regional planning or zoning body that may apply by sending a copy of the petition to such body.

In evaluating a petition for the establishment of an agricultural district the local soil and water conservation district commissioners shall consider the following:

The capability of the land to support continued agricultural production as indicated by soil conditions, climate, topography and other natural conditions;

The ability of the local, regional, state and international markets to support continued agricultural production; and

Any matter which might be relevant to evaluation of the petition.

HISTORY: Laws, 1997, ch. 469, § 3, eff from and after July 1, 1997.

§ 69-28-7. Petition for designation or redesignation of an agricultural district.

Upon review of a petition, the local soil and water conservation district commissioners may approve designation of an agricultural district. A designated agricultural district shall be established for a period of five (5) years and reviewed for redesignation every five (5) years thereafter. However, the soil and water conservation district may review the status of designation at any time upon the written request and justification of the respective county board of supervisors, city board of aldermen, city council, city selectmen, city commissioners, city manager or mayor or upon a decision of the district commissioners that such a review is appropriate. The soil and water conservation district commissioners may sustain or repeal designation of an agricultural district based upon the following:

The continued viability of the agricultural district. An agricultural district may become reduced in acreage based upon the voluntary withdrawal of any of the ownerships. However, the agricultural district shall cease to exist if the total acreage drops below twenty (20) acres;

The impacts and consequences of proposed land development; and

Other factors that the district commissioners may find relevant.

Any ownership, or any successor heir of the ownership, within an agricultural district may withdraw from the agricultural district upon notifying the local soil and water conservation district in writing.

Landowners may submit or resubmit petitions for designation or redesignation at any time to the local soil and water conservation district.

If a petition is rejected or the local soil and water conservation district commissioners repeal designation of an agricultural district, the ownerships within the agricultural district may appeal the decision of the district commissioners to the State Soil and Water Conservation Commission. Based upon a review of all relevant information and following a public hearing, the State Soil and Water Conservation Commission may either sustain or overturn the decision of the local soil and water conservation district.

HISTORY: Laws, 1997, ch. 469, § 4, eff from and after July 1, 1997.

§ 69-28-9. Procedures, limitations and responsibilities of agricultural districts.

Upon establishment of an agricultural district, the following procedures, limitations and responsibilities shall apply:

Any ownership within an agricultural district that has received a notice of condemnation proceedings against its property may request the local soil and water conservation district to conduct a public hearing to review the project’s impact on that property. Such public hearing shall be held within forty-five (45) calendar days of the receipt of such summons of condemnation proceedings.

The local soil and water conservation district with assistance of the State Soil and Water Conservation Commission shall provide appropriate notification about establishment of the agricultural district to local and state government agencies, local media and other communication networks. The soil and water conservation district shall also issue appropriate certificates of recognition to the respective ownerships within the agricultural district.

The local soil and water conservation district, in cooperation with the local road manager, or his counterpart, as well as the Mississippi Department of Transportation, may erect signs as may be appropriate to recognize a designated agricultural district.

HISTORY: Laws, 1997, ch. 469, § 5, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, see Miss. Rule of Civ. Proc. 81.

§ 69-28-11. Soil and water conservation district.

An agricultural district may be comprised of ownerships residing in more than one (1) soil and water conservation district as long as the conditions of a contiguous boundary are satisfied. In such case, each soil and water conservation district shall have the responsibility to meet the requirements of this chapter within the county of its jurisdiction.

HISTORY: Laws, 1997, ch. 469, § 6, eff from and after July 1, 1997.

Chapter 29. Livestock Brands, Theft or Loss of Livestock and Protective Associations

Article 1. General Provisions.

§ 69-29-1. Mississippi Agricultural and Livestock Theft Bureau established; director; employment of investigators; powers, duties and authority of director; vehicles, equipment and supplies; cooperation and assistance of other agencies; timber product defined; timber products theft investigation.

    1. There is established the Mississippi Agricultural and Livestock Theft Bureau.
    2. The Commissioner of Agriculture and Commerce shall appoint a director of the Mississippi Agricultural and Livestock Theft Bureau. Such director shall have at least five (5) years of law enforcement experience. Such director shall be responsible solely to the supervision of the Commissioner of Agriculture and to no other person or entity. Such director may be discharged only for just cause shown.
    3. The director may employ nine (9) agricultural and livestock theft investigators, one (1) from each highway patrol district, and each investigator is required to reside within the highway patrol district from which he or she is selected. Each investigator shall be certified as a law enforcement officer, successfully completing at least a nine-week training course, in accordance with Section 45-6-11. The curriculum for the training of constables shall not be sufficient for meeting the certification requirements of this paragraph. In the selection of investigators under this section, preference shall be given to persons who have previous law enforcement experience.
    4. The director appointed under this section, under the direction, control and supervision of the commissioner, and the investigators employed under this section shall perform only the duties described in subsection (2) of this section and shall not be assigned any other duties.
  1. The director appointed under this section and the investigators employed under this section shall have the following powers, duties and authority:
    1. To enforce all of the provisions of Sections 69-29-9 and 69-29-11, and particularly those portions requiring persons transporting livestock to have a bill of sale in their possession; to make investigations of violations of such sections and to arrest persons violating same;
    2. To enforce all of the laws of this state enacted for the purpose of preventing the theft of livestock, poultry, timber and agricultural, aquacultural and timber products and implements; to make investigations of violations thereof and to arrest persons violating same;
    3. To cooperate with all regularly constituted law enforcement officers relative to the matters herein set forth;
    4. To serve warrants and other process emanating from any court of lawful jurisdiction, including search warrants, in all matters herein set forth;
    5. To carry proper credentials evidencing their authority, which shall be exhibited to any person making demand therefor;
    6. To make arrests without warrant in all matters herein set forth in cases where same is authorized under the constitutional and general laws of this state;
    7. To handle the registration of brands of cattle and livestock;
    8. To investigate, prevent, apprehend and arrest those persons anywhere in the state who are violating any of the laws administered by the Department of Agriculture and Commerce, including, but not limited to, all agriculture-related crimes.
    9. To access and examine records of any person, business or entity that harvests, loads, carries, receives or manufactures timber products as defined in this section. Each such person or entity shall permit the director or any investigator of the Mississippi Agricultural and Livestock Theft Bureau to examine records of the sale, transfer or purchase of timber or timber products, including, but not limited to, contracts, load tickets, settlement sheets, drivers’ logs, invoices, checks and any other records or documents related to an ongoing investigation of the Mississippi Agricultural and Livestock Theft Bureau.
  2. The Commissioner of Agriculture and Commerce shall furnish such investigators with such vehicles, equipment and supplies as may be necessary. All expenses of same, and all other expenses incurred in the administration of this section, shall be paid from such appropriation as may be made by the Legislature.
  3. The State Tax Commission and its agents and employees shall cooperate with such investigators by furnishing to them information as to any possible or suspected violations of any of the laws mentioned herein, including specifically Section 69-29-9, and in any other lawful manner.
  4. The conservation officers of the Department of Wildlife, Fisheries and Parks are authorized to cooperate with and assist the agricultural and livestock theft investigators in the enforcement and apprehension of violators of laws regarding agricultural and livestock theft.
  5. The Mississippi Forestry Commission employees are excluded from any timber and timber products theft investigative responsibilities except when technical expertise is needed and requested through the State Forester or his designee.
  6. For the purposes of this section, “timber product” means timber of all kinds, species or sizes, including, but not limited to, logs, lumber, poles, pilings, posts, blocks, bolts, cordwood and pulpwood, pine stumpwood, pine knots or other distillate wood, crossties, turpentine (crude gum), pine straw, firewood and all other products derived from timber or trees that have a sale or commercial value.

HISTORY: Codes, 1942, § 2025.5; Laws, 1950, ch. 394, §§ 1-4; Laws, 1952, ch. 168, § 1, 2 (¶¶ 1 and 2); Laws, 1962, ch. 154; Laws, 1974, ch. 569, § 22; Laws, 1993, ch. 508, § 1; Laws, 1997, ch. 450, § 1; Laws, 1998, ch. 386, § 1; Laws, 2004, ch. 419, § 1, eff from and after July 1, 2004.

Editor’s Notes —

Section 49-1-1 provides that the term “State Game and Fish Commission” shall mean and refer to the Mississippi Commission on Wildlife, Fisheries and Parks.

Laws, 1993, ch. 508, § 13, effective July 1, 1993, provides as follows:

“SECTION 13. It is the intent of the Legislature that the Department of Public Safety shall assist the Mississippi Agricultural and Livestock Theft Bureau until such time as the Bureau is fully funded and operational.”

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 2004 amendment inserted “timber” twice in (2)(b); added (2)(i); substituted “Department of” for “Commission on” in (5); and added (6) and (7).

Cross References —

Conservation officers authorized to assist in the detection and apprehension of violators of laws pertaining to theft of cattle, see §49-1-44.

Mississippi Agriculture and Commerce Commissioner, see §§69-1-1 et seq.

Tranquilizers or drugs for livestock, see §§69-17-101 et seq.

Brands, marks, and transporting cattle, see §§69-29-9 et seq.

Brands in general, see §§69-29-101 et seq.

Petit larceny, see §97-17-43.

Trespass less than larceny, see §97-17-61.

OPINIONS OF THE ATTORNEY GENERAL

Mississippi Agricultural and Livestock Theft Bureau investigators have the authority to execute a grand jury capias and arrest defendants indicted for violations of Section 69-29-1 et seq. Spell, Apr. 11, 2003, A.G. Op. #03-0166.

RESEARCH REFERENCES

ALR.

What circumstances fall within “inevitable discovery” exception to rule precluding admission, in criminal case, of evidence obtained in violation of Federal Constitution. 81 A.L.R. Fed. 331.

CJS.

3B C.J.S., Animals §§ 35 et seq.

§ 69-29-2. License requirement of persons who transfer or sell certain animals for research.

  1. Every person, firm, association or corporation, before seeking to sell or transfer dogs or cats, or both, for research, shall obtain a license from the Director of the Mississippi Agricultural and Livestock Theft Bureau. The fee and requirements for such license shall be set by the Director of the Mississippi Agricultural and Livestock Theft Bureau. Application for such license shall be made on forms prescribed and furnished by the director. Such license shall be nontransferable, renewable annually. A new license shall be issued if there is any change in the location or ownership of the business.
  2. At the time application is made for a license under subsection (1) of this section and before the issuance of such license by the Director of the Mississippi Agricultural and Livestock Theft Bureau, the applicant shall file with the director a bond in the penal sum of Five Thousand Dollars ($5,000.00) payable to the State of Mississippi with surety to be approved by the Secretary of State for the faithful performance of the requirements of this section. Evidence shall be supplied to the director annually, at the time license is renewed, that the bond continues in force and effect. In the event the bond is cancelled or will not be renewed, the bonding company shall notify the director in writing at least thirty (30) days before the cancellation of such bond. If a bond is cancelled or fails to be renewed, the license issued under this section shall stand void automatically. The license shall not stand void if a new bond as required herein is filed with the director before the expiration date of the original bond.
  3. The following information shall be recorded by every person, firm, association or corporation licensed under this section for each dog or cat received, sold or transferred under the provisions of this section:
    1. The name, address and telephone number of the person, firm, association or corporation from whom each dog or cat was received and to whom each dog or cat was delivered.
    2. A complete description of each dog or cat received, sold or transferred, including a photograph of each side of the animal.
    3. Any other information as required by the Director of the Mississippi Agricultural and Livestock Theft Bureau.
  4. The Director of the Mississippi Agricultural and Livestock Theft Bureau shall promulgate rules and regulations necessary to effectuate the provisions of this section.
  5. Any person violating the provisions of this section, upon conviction for a first violation, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both. Any person violating the provisions of this section, upon conviction for a second or subsequent violation, shall be punished by imprisonment in the Penitentiary for not less than one (1) year or a fine of not less than One Thousand Dollars ($1,000.00), or by both. Any person who holds a license issued under this section who is convicted of any violation of this section, shall have his license revoked for a minimum of one (1) year.

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

§ 69-29-3. Prohibition as to marking or branding of animals with intent to deprive owner of property.

If any person, knowingly, shall mark or brand any animal, the property of another, with a mark or brand calculated or intended to designate ownership not that of the owner, without the consent of the owner, or without authority of law, and with intent to deprive the owner of his property, he shall, on conviction thereof, be imprisoned, in the penitentiary not more than three years, or be fined in a sum not more than five hundred dollars, or imprisoned in the county jail for a period not longer than one year, or both.

HISTORY: Codes, Hutchinson’s 1848, ch. 64, art. 12, Title 7 (16); 1857, ch. 64, art. 30; 1871, § 2508; 1880, § 2723; 1892, § 977; 1906, § 1053; Hemingway’s 1917, § 781; 1930, § 797; 1942, § 2022.

Cross References —

Brands, marks, and transporting cattle, see §§69-29-9 et seq.

Brands in general, see §§69-29-101 et seq.

Theft of livestock as larceny, see §97-17-53.

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.

Larceny is not a constituent offense of the crime defined by this section. Cook v. State, 77 Miss. 800, 27 So. 605, 1900 Miss. LEXIS 9 (Miss. 1900).

The statute is not unconstitutional because the crime may be punished as either a felony or a misdemeanor. Murrah v. State, 51 Miss. 652, 1875 Miss. LEXIS 90 (Miss. 1875).

RESEARCH REFERENCES

CJS.

3A C.J.S., Animals §§ 24 et seq.

§ 69-29-5. Prohibition as to altering or defacing of brands or marks without owner’s consent.

If any person shall knowingly alter or deface the brand or mark of any animal, intended to designate ownership, the property of another, without his consent, and with intent to deprive the owner of his property, he shall, on conviction, suffer the penalty provided in Section 69-29-3.

HISTORY: Codes, Hutchinson’s 1848, ch. 64, art. 12, Title 7 (15); 1857, ch. 64, art. 31; 1871, § 2509; 1880, § 2724; 1892, § 978; 1906, § 1054; Hemingway’s 1917, § 782; 1930, § 798; 1942, § 2023.

Cross References —

Branding of animals, generally, see §§69-29-101 et seq.

JUDICIAL DECISIONS

1. In general.

Indictment charging alteration of brand was defective for the reason that it failed to charge that the mark altered by the defendant was “intended to designate ownership”. Smith v. State, 121 Miss. 37, 83 So. 337, 1919 Miss. LEXIS 144 (Miss. 1919).

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 35 et seq.

§ 69-29-7. Butchers and dealers to keep register of brands and marks; penalty for violation.

Every butcher or dealer in cattle, sheep, or hogs, who shall fail to enter in a book or register the names of all persons for whom he buys, and a description by marks, brands, and otherwise of all animals bought or kept by him for slaughter, or to allow an inspection of such entries at any time, by any person interested to make it, shall, on conviction, be imprisoned in the county jail not exceeding six months, or be fined one hundred dollars, or both.

HISTORY: Codes, 1880, § 2726; 1892, § 979; 1906, § 1055; Hemingway’s 1917, § 783; 1930, § 799; 1942, § 2024.

Cross References —

Registration of brands by owners of livestock, see §§69-29-105 et seq.

JUDICIAL DECISIONS

1. In General.

Indictment charging that accused, being a dealer in livestock, unlawfully failed to keep any record of stock bought and sold, and did not enter names of all persons from whom he bought stock, and a description by marks and brands or otherwise of all animals bought is sufficient. State v. Edwards, 115 Miss. 704, 76 So. 635, 1917 Miss. LEXIS 253 (Miss. 1917).

§ 69-29-9. Branding, misbranding or mismarking cattle or swine with intent to defraud; penalty.

Any person who shall, with intent to defraud, brand or mis-brand, mark or mismark any neat cattle or swine not his own; or any person who shall intentionally brand over a previous brand or in any manner alter, deface or obliterate a previous brand or earmark, or shall cut out and obliterate a previous brand or earmark on any neat cattle or swine, shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the state penitentiary not less than six months nor more than one year.

HISTORY: Codes, 1942, § 2025; Laws, 1936, ch. 294.

Cross References —

Unlawful acts relating to brands, generally, see §69-29-117.

JUDICIAL DECISIONS

1. In general.

An instruction that every dealer in cattle is required when selling cattle to give to the buyer a bill of sale, having the signature and the address of the buyer and the date of sale and delivery, was properly refused, because this instruction adds nothing to the information of the jury relevant to the issue of the guilt vel non of the defendant. Lucas v. State, 211 Miss. 339, 51 So. 2d 583, 1951 Miss. LEXIS 361 (Miss. 1951).

The action of sheriff who after spying a cow in truck on highway one quarter of a mile ahead, overtook the truck, asked defendant occupants if they had a bill of sale to cattle therein, and upon receiving negative answer and unsatisfactory explanation as to identification of alleged seller and the presence of cattle, took the defendants into custody, did not constitute an unlawful search and seizure. Huggins v. State, 209 Miss. 552, 47 So. 2d 852, 1950 Miss. LEXIS 413 (Miss. 1950).

In prosecution for grand larceny of cattle, testimony of witness accompanying sheriff on patrolling expedition investigating cattle theft that the sheriff asked the defendants about a bill of sale of other cattle not covered by previous examination of witness was not prejudicial where court admonished the jury to disregard the question, and where the cross-examination of defendants disclosed the facts of other similar thefts in same neighborhood, including theft of cattle belonging to witnesses, and the failure of defendants to exhibit bill of sale. Huggins v. State, 209 Miss. 552, 47 So. 2d 852, 1950 Miss. LEXIS 413 (Miss. 1950).

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 36 et seq.

§ 69-29-11. Regulations as to transportation of livestock; penalty for violation.

For any person to haul, transport or carry any livestock upon and over the public highways, roads and streets of this state by means of a motor vehicle or other vehicle drawn or propelled by a motor vehicle, such person shall have in his possession a bill of sale showing: (i) from whom such livestock was purchased; (ii) description of such livestock, with brands or earmarks, if any; (iii) signature and address of the seller; and (iv) the date of sale and delivery.

Any sheriff, constable, agricultural and livestock theft investigator or police officer shall have the power to inspect any livestock in the process of transportation upon the highways of Mississippi.

Any person who shall violate any provisions of this section, or Section 69-29-9, shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail not less than thirty (30) days nor more than six (6) months. Any person convicted of stealing livestock is subject to the penalties provided in Section 97-17-53.

HISTORY: Codes, 1942, § 2025; Laws, 1936, ch. 294; Laws, 1993, ch. 508, § 2, eff from and after July 1, 1993.

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.

An instruction that every dealer in cattle is required when selling cattle to give to the buyer a bill of sale, having the signature and the address of the buyer and the date of sale and delivery, was properly refused, because this instruction adds nothing to the information of the jury relevant to the issue of the guilt vel non of the defendant. Lucas v. State, 211 Miss. 339, 51 So. 2d 583, 1951 Miss. LEXIS 361 (Miss. 1951).

The action of sheriff who after spying a cow in truck on highway one quarter of a mile ahead, overtook the truck, asked defendant occupants if they had a bill of sale to cattle therein, and upon receiving negative answer and unsatisfactory explanation as to identification of alleged seller and the presence of cattle, took the defendants into custody, did not constitute an unlawful search and seizure. Huggins v. State, 209 Miss. 552, 47 So. 2d 852, 1950 Miss. LEXIS 413 (Miss. 1950).

In prosecution for grand larceny of cattle, testimony of witness accompanying sheriff on patrolling expedition investigating cattle theft that the sheriff asked the defendants about a bill of sale of other cattle not covered by previous examination of witness was not prejudicial where court admonished the jury to disregard the question, and where the cross-examination of defendants disclosed the facts of other similar thefts in same neighborhood, including theft of cattle belonging to witnesses, and the failure of defendants to exhibit bill of sale. Huggins v. State, 209 Miss. 552, 47 So. 2d 852, 1950 Miss. LEXIS 413 (Miss. 1950).

RESEARCH REFERENCES

Am. Jur.

2 Am. Jur. Legal Forms 2d, Animals, § 20:18 (bill of sale for branded cattle).

§ 69-29-13. Mortgaged cattle; notice of loss of same.

The owner of any cattle or stock which shall be mortgaged shall, within thirty days, give notice to the mortgagee of the death, theft or estray of any animal included in the lien created by said mortgage, if the mortgagor has knowledge of the death, theft or estray, and any owner who shall fail to give such notice shall be guilty of a misdemeanor and shall upon conviction, be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) or be imprisoned in the county jail for not more than sixty (60) days, or both.

HISTORY: Codes, Hemingway’s 1917, § 1565; 1930, § 5473; 1942, § 4901; Laws, 1916, ch. 117.

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.

§ 69-29-15. Unlawful removal of any collar, tag, or marking device on an animal without permission of owner; penalties.

It shall be unlawful for a person to remove any collar, tag or marking device on any animal not owned by such person and without the permission of the owner of the animal. Any person violating the provisions of this section, upon conviction for a first violation, shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both. Any person violating the provisions of this section, upon conviction for a second or subsequent violation, shall be punished by imprisonment in the Penitentiary for not less than one (1) year or a fine of not less than One Thousand Dollars ($1,000.00), or by both.

HISTORY: Laws, 1994, ch. 605, § 2, eff from and after July 1, 1994.

Article 3. Registration and Ownership of Livestock Brands.

§ 69-29-101. Purpose of article.

The purpose of this article is to provide a place for registration of brands or marks of cattle and other livestock in an appropriate bureau, which may be called the Mississippi Agricultural and Livestock Theft Bureau, in the Department of Agriculture and Commerce under the Commissioner of Agriculture and Commerce of the State of Mississippi, in order to avoid confusion as to brands or marks of cattle and other livestock, and to protect the owners against theft, and to aid the agricultural and livestock theft investigators in the Department of Agriculture and Commerce in tracing such cattle and other livestock when stolen, apprehending such thieves and returning the cattle and other livestock to the owner thereof.

HISTORY: Codes, 1942, § 4896-02; Laws, 1952, ch. 173, § 2; Laws, 1993, ch. 508, § 3, eff from and after July 1, 1993.

Cross References —

Crimes involving brands and transporting of livestock, see §§69-29-1 et seq.

§ 69-29-103. Definitions.

The following words, or similar words, when used in this article shall have the following meaning unless the context clearly indicates otherwise:

“Commissioner” means the Commissioner of Agriculture and Commerce of the State of Mississippi, under whose supervision this article is placed.

“Bureau” means the Mississippi Agricultural and Livestock Theft Bureau, or its successor, in the Department of Agriculture and Commerce, under the administration of the Commissioner of Agriculture and Commerce for the apprehending of cattle and other livestock thieves.

“Brand” means any recorded identification mark applied to any position on the hide of a live animal by means of heat, acid or chemical.

“Person” means any individual, partnership, association or corporation.

“Livestock” means horses, cattle, swine, sheep, poultry and other domestic or exotic animals, birds or fish produced for profit.

“Livestock market” means any place at which a person assembles livestock either for public or private sale by him, such services to be compensated for by the owner on a commission basis or otherwise, or where such person purchases livestock for resale, except:

Any place other than at a permanently established livestock market used solely for the dispersal sale of the livestock of a farmer, dairyman, livestock breeder or feeder who is discontinuing said business and no other livestock is there sold or offered for sale;

Any farm, ranch, or place where livestock either raised or kept thereon for the grazing season or for fattening is sold, and no other livestock is brought there for sale or offered for sale;

The premises of any person engaged in the raising of livestock for breeding purposes only, who limits his or its sale to animals of his or its own production;

Any place where a breeder or an association of breeders of livestock of any class assemble and offer for sale and sell under his or their own management any livestock, when such breeder or association of breeders shall assume all responsibility of such sale and the title of livestock sold.

“Mark” means a distinct marking or device placed on a live animal sufficient to distinguish the animal readily if it becomes intermixed with other animals, and includes a tattoo.

HISTORY: Codes, 1942, § 4896-01; Laws, 1952, ch. 173, § 1, eff July 1, 1952; Laws, 1993, ch. 508, § 4, eff from and after July 1, 1993.

Cross References —

Mississippi Agriculture and Commerce Commissioner, see §§69-1-1 et seq.

Crimes involving brands and transporting of livestock, see §69-29-3.

Fraud in obtaining registration of animals, see §97-19-49.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 35 et seq.

§ 69-29-105. Registration and ownership of brands; transfer of registration and ownership; penalties for violation.

  1. Any cattle or other livestock owner, who uses or desires to use and adopt a brand or mark to identify his livestock must register his brand or mark by making application for such registration to the Department of Agriculture and Commerce. Not only all livestock owners who have their cattle branded before this law goes into effect must apply for registration, but also those persons who desire to brand or mark their livestock for the first time must apply for registration, and submit their proposed brand or mark to the department for clearing before it is applied. The application shall be made on forms prescribed and furnished by the department, which application shall be accompanied by a fee of Five Dollars ($5.00) and a facsimile of the brand or mark or proposed brand or mark to be registered shall also be furnished by the applicant. All fees collected hereunder for registration, transfer, or reregistration of brands or marks shall be deposited in the State Treasury. If the brand or mark described in the application has not previously been registered by another cattle owner, or does not closely resemble a registered brand or mark, the department shall approve the application, register the brand or mark in the name of the applicant, and issue to the applicant a certificate of registration. In case of duplication of brands or marks as shown by applications, the owner of the brand or mark who first records with the department will be recognized. When a livestock owner, who has registered a brand or mark with the department, transfers such brand or mark to another person, he shall immediately notify the department of the transfer, giving the date of transfer, and the name and address of the transferee. Upon receipt of the notice and a transfer fee of Two Dollars ($2.00), the department shall cause such transfer to be noted in the register of brands and marks, and such brand or mark shall not be used by the new owner until permission has been given by the department for the use of such brand or mark.
  2. No two (2) or more brands or marks of the same design or figure, and no two (2) or more earmarks of the same kind shall be adopted, designed and recorded, and when a brand, mark or earmark shall have been designed, adopted and recorded, the person so adopting and recording same shall be entitled to the exclusive use thereof, and it shall be his exclusive property, but the right to the use of such brand or mark may be sold and transferred by an instrument in writing, signed, acknowledged and recorded in the chancery clerk’s office of the county where the brand, mark or earmark is recorded. When the right to the use of a brand, mark or earmark has been sold and transferred and recorded as herein provided, the chancery clerk shall note on the “brand, mark and earmark book” that such brand, mark or earmark has been sold and transferred, giving the book and page where such transfer is recorded.
  3. Any person who shall violate any of the provisions of subsection (2) of this section shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail not less than thirty (30) days nor more than six (6) months. Any person convicted of stealing livestock is subject to the penalties provided in Section 97-17-53.

HISTORY: Codes, 1942, §§ 2025, 4896-03; Laws, 1936, ch. 294; Laws, 1952, ch. 173, § 3; Laws, 1976, ch. 342, § 1; Laws, 1993, ch. 508, § 5, eff from and after July 1, 1993.

Cross References —

Fraud in obtaining registration of animals, see §97-19-49.

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.

An instruction that every dealer in cattle is required when selling cattle to give to the buyer a bill of sale, having the signature and the address of the buyer and the date of sale and delivery, was properly refused, because this instruction adds nothing to the information of the jury relevant to the issue of the guilt vel non of the defendant. Lucas v. State, 211 Miss. 339, 51 So. 2d 583, 1951 Miss. LEXIS 361 (Miss. 1951).

The action of sheriff who after spying a cow in truck on highway one quarter of a mile ahead, overtook the truck, asked defendant occupants if they had a bill of sale to cattle therein, and upon receiving negative answer and unsatisfactory explanation as to identification of alleged seller and the presence of cattle, took the defendants into custody, did not constitute an unlawful search and seizure. Huggins v. State, 209 Miss. 552, 47 So. 2d 852, 1950 Miss. LEXIS 413 (Miss. 1950).

In prosecution for grand larceny of cattle, testimony of witness accompanying sheriff on patrolling expedition investigating cattle theft that the sheriff asked the defendants about a bill of sale of other cattle not covered by previous examination of witness was not prejudicial where court admonished the jury to disregard the question, and where the cross-examination of defendants disclosed the facts of other similar thefts in same neighborhood, including theft of cattle belonging to witnesses, and the failure of defendants to exhibit bill of sale. Huggins v. State, 209 Miss. 552, 47 So. 2d 852, 1950 Miss. LEXIS 413 (Miss. 1950).

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 35 et seq.

§ 69-29-107. Copy of certificate of registration as evidence.

In all suits at law or in equity, or in any criminal proceedings when the title or right of possession is involved, a copy of the certificate of brand or mark registration verified by affidavit of the department shall be received in evidence by the court as evidence of the registration of such brand or mark in accordance with the requirements of this article.

HISTORY: Codes, 1942, § 4896-04; Laws, 1952, ch. 173, § 4, eff July 1, 1952; Laws, 1993, ch. 508, § 6, eff from and after July 1, 1993.

§ 69-29-109. Reregistration and renewal of brands.

All brands or marks of cattle and other livestock, upon being registered with the department shall be reregistered once every five (5) years thereafter. Those brands or marks which have been filed and recorded in the Office of the Secretary of State after January 1, 1946, give the owner priority to the use of such brand or mark, and in event of duplication, the brand or mark first filed with the Secretary of State shall have priority over any same or similar brand or mark filed with the Secretary of State thereafter.

After the effective date of this article it shall be necessary for all such owners of brands or marks who have filed and recorded brands or marks in the Office of the Secretary of State after January 1, 1946, to reregister any and all such brands or marks with the department, and pay the necessary registration fee. Brands or marks recorded in the Office of the Secretary of State before January 1, 1946, are not recognized for the purpose of priority, because of the confused state of the records. After the registration of such brands or marks with the department, they must be reregistered not later than five (5) years thereafter, or ownership thereto will be lost.

All brands or marks registered after the effective date of this article shall be reregistered on or before five (5) years after the date of registration. Upon the transfer of any such brand or mark, notice of such transfer shall be furnished the department by the transferor, and the department shall keep a record of all such transfers.

At least ninety (90) days before the renewal date for all brands or marks, the department shall notify all persons having brands or marks registered of the date on which such brand or mark must be renewed. On or before the renewal date of all brands or marks the registered owner thereof shall pay to the department a renewal fee of Five Dollars ($5.00) and shall furnish such additional information as the department may require on forms to be furnished by the department. If any cattle owner fails to renew any brand or mark registered in his name, such brand or mark shall be forfeited and shall be available to any other applicant.

HISTORY: Codes, 1942, § 4896-05; Laws, 1952, ch. 173 § 5; Laws, 1976, ch. 342, § 2; Laws, 1993, ch. 508, § 7, eff from and after July 1, 1993.

§ 69-29-111. Forms; register of brands.

The Department of Agriculture and Commerce shall prescribe and furnish forms on which applications for registration, reregistration and transfer of brands or marks shall be made and shall furnish such forms to the sheriff and the county agricultural agent of each county of the state to be distributed on request to livestock owners desiring to make application for registration of brands or marks and such applications may also be furnished to applicants by the department. The department shall maintain a complete register of all brands or marks, showing the name and address of the owner, and shall annually publish and distribute copies of this register and supplementary copies thereof to every livestock market and sheriff’s office and chancery clerk in the state. Copies of the register of brands and marks may be furnished to other persons requesting such copies, at a price to be determined by the department. Copies of the register of brands and marks shall be published in booklet form. The department shall also determine from its records of registration the ownership of any estrayed cattle and furnish such information to interested persons, upon receipt of notice giving details of the kind of animal, color, weight, size, sex, age, marks, brands and other identifying information.

HISTORY: Codes, 1942, § 4896-06; Laws, 1952, ch. 173, § 6; Laws, 1993, ch. 508, § 8, eff from and after July 1, 1993.

Cross References —

Estrays, generally, see §§69-13-301 et seq.

§ 69-29-113. Livestock market operators and hide dealers to keep records.

  1. Every operator of a livestock market where livestock is sold shall keep a copy of the register of brands and marks in his place of business where it will be easily accessible for public inspection.
  2. The operator of every livestock market where livestock is sold, together with all dealers, slaughterers and butchers who buy livestock for slaughter which was not purchased at a livestock market, shall keep a record covering all livestock received, including:
    1. The name and address of the owner of the livestock;
    2. The license tag number of the vehicle delivering the livestock;
    3. The name and address of the driver of the vehicle delivering the livestock and his motor vehicle operator’s license number or Social Security number, preferably both;
    4. The number of livestock received; and
    5. A description of livestock including color.

      These records shall be kept for public inspection for a period of two (2) years after the livestock is received.

  3. Livestock hide dealers are required to keep a record of all hides of livestock received by them, including:
    1. The name and address of the owner of the hides;
    2. The vehicle tag number of the vehicle delivering the hides;
    3. The name and address of the driver of the vehicle and his motor vehicle operator’s license number or Social Security number, preferably both; and
    4. A description of the hides, including any brands or marks.

      Livestock hide dealers shall keep such records for a period of two (2) years from the time of purchase.

  4. Any livestock market operator, dealer, slaughterer, butcher or livestock hide dealer who fails to keep these records and make them available to authorized inspectors or officers of the law shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

HISTORY: Codes, 1942, § 4896-07; Laws, 1952, ch. 173, § 7; Laws, 1971, ch. 491, § 2; Laws, 1993, ch. 508, § 9, eff from and after July 1, 1993.

§ 69-29-115. Rules and regulations.

The Department of Agriculture and Commerce shall have authority to promulgate such rules and regulations as are reasonably necessary to carry out the intent and purpose of this article and that shall facilitate the tracing and identification of livestock and afford protection against stealing and unlawful dealing in livestock.

Any driver moving livestock from any advertised sale shall have a bill of sale or other written evidence of purchase for the livestock in his possession, to be shown on request of any duly authorized law enforcement officer and to be delivered to the purchaser with delivery of the livestock.

HISTORY: Codes, 1942, § 4896-08; Laws, 1952, ch. 173, § 8; Laws, 1971, ch. 491, § 3; Laws, 1993, ch. 508, § 10, eff from and after July 1, 1993.

§ 69-29-117. Unlawful acts.

It shall be unlawful for:

Any person to use any brand or mark for branding cattle or other livestock unless the brand or mark is registered with the Department of Agriculture and Commerce;

Any person to obliterate, alter or deface the brand or mark of any animals;

Any livestock market to receive and sell livestock unless records of such sale are kept in accordance with the requirements of this article;

Any livestock market to fail to keep a copy of the register of brands and marks furnished to them by the department in a place easily accessible to interested parties;

Any livestock hide dealer to fail or refuse to keep records required by subsection (c) of Section 69-29-113.

HISTORY: Codes, 1942, § 4896-09; Laws, 1952, ch. 173, § 9; Laws, 1993, ch. 508, § 11, eff from and after July 1, 1993.

Cross References —

Crimes involving brands and transportation of livestock, see §§69-29-1 et seq.

RESEARCH REFERENCES

CJS.

3B C.J.S., Animals §§ 36 et seq.

§ 69-29-119. Minor owner may have separate brands.

Minors owning cattle or stock separate from that of the father or guardian may have a brand and mark, which shall be recorded; the father or guardian shall be responsible for the proper use of such brand and mark of any such minor.

HISTORY: Codes, Hemingway’s 1917, § 1561; 1930, § 5469; 1942, § 4897; Laws, 1916, ch. 117.

§ 69-29-121. Penalty for violations.

Any person who violates any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than Twenty-five Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment for a term of not more than six months, or both, in the discretion of the court.

HISTORY: Codes, 1942, § 4896-10; Laws, 1952, ch. 173, § 10, eff July 1, 1952.

Cross References —

Penalties for commission of crimes relating to brands and transportation of livestock, see §§69-29-1 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.

Article 5. Protective Associations.

§ 69-29-201. Purposes, organization, powers and duties.

For the purpose of encouraging the production of more and better livestock and poultry in this state, and for the purpose of preventing theft of livestock and poultry by posting cash rewards for the arrest and conviction of livestock and poultry thieves, and requesting the Governor to aid by posting rewards and employing detectives for this purpose, all owners of livestock and poultry and land owners in any county are hereby authorized and encouraged to organize a county livestock and poultry owners protective association, hereinafter referred to as the association. All persons owning land in the county and all persons owning any livestock or poultry in the county are eligible to membership in the association. They shall organize by meeting at the county courthouse, by electing a president of the association and a secretary, and a treasurer, who shall each agree to serve for one year, without pay, when their successors shall be elected. There shall be a board of directors, not to exceed three members from each beat in the county, elected at the same time and in the same manner as the other officers. No legal charter of incorporation shall be necessary. Each county association shall have authority to make and publish its own by-laws and fix the amount of annual dues. The association, being purely voluntary, may disband or continue to function, as the members shall determine. Any association already organized in any county shall be deemed to be lawfully organized for the purpose of this article.

HISTORY: Codes, 1942, § 4908; Laws, 1940, ch. 209; Laws, 1942, ch. 259.

Cross References —

Employment of officers for enforcement of laws relating to brands and transportation of livestock, see §69-29-1.

§ 69-29-203. Assistance to sheriff in apprehending thieves; reward.

When the theft of any livestock or poultry shall be reported to the sheriff of the county where the theft occurred, it shall be the duty of the sheriff to make prompt and diligent effort to arrest the thief or thieves. At the same time, it shall be the duty of the president of the association to assist the sheriff in the capture of the thief or thieves by posting or publishing the standing reward offered by the association for information leading to arrest and conviction of the said thief or thieves, but in case of a theft of poultry no such reward shall be offered by the association where the value of the poultry stolen would amount to a misdemeanor only. When additional assistance may be needed to bring those guilty of the theft of any livestock or poultry to justice, the president of the association, or in his absence or disability, three or more directors of the association may, in their discretion, notify the Governor and request his assistance. When the Governor shall receive such request it shall then be his duty to offer such reward as he may deem proper for arrest and conviction of the said thief or thieves, or for information leading to the arrest and conviction, but such reward shall not exceed Fifty Dollars ($50.00) in any particular case. In case it is impossible to break up livestock and poultry thefts without employment of detectives, then the Governor may, in his discretion, employ a reliable detective to assist the sheriff and the association in any county. The reward to be offered by the Governor and the expense of detectives shall be paid out of the Governor’s contingent fund.

HISTORY: Codes, 1942, § 4909; Laws, 1940, ch. 209; Laws, 1942, ch. 259.

§ 69-29-205. Reports.

It shall be the duty of the secretary of each county association to file annually with the Governor a report, countersigned by the president and treasurer of the association, showing the names of all officers and directors, the number of members, the amount of dues collected, the amount paid by the association in rewards, the number of arrests and convictions, the number of thefts of livestock and poultry, and the number stolen and recovered. It shall be the duty of the Governor to report to the Legislature in detail his expenditures from contingent fund, in an itemized statement, and he shall have on file in his office for the information of members of the Legislature the information furnished by the various county associations.

HISTORY: Codes, 1942, § 4910; Laws, 1940, ch. 209; Laws, 1942, ch. 259.

Article 7. Animal Research or Exhibiting Facility.

§ 69-29-301. Short title.

This article may be cited and shall be known as the “Animal Research or Exhibiting Facilities Protection Act.”

HISTORY: Law, 1996, ch. 424, § 1, eff from and after July 1, 1996.

§ 69-29-303. Definitions.

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

“Actor” means a person accused of any of the offenses defined in this act.

“Animal” means a warm or cold-blooded animal used in food or fiber production, agriculture, exhibition, research, testing, experimentation or education, including poultry, fish and insects.

“Animal research or exhibiting facility,” hereinafter referred to as an “animal facility,” includes a vehicle, building, separately secured yard, pad, pond, enclosure, structure or premises where an animal is kept, shown, handled, housed, exhibited, bred or offered for sale and any building, laboratory, institution, organization or school in which a person or persons are engaged in research, testing, educational or experimental activities or in which any commercial or academic enterprise is using warm-blooded or cold-blooded animals for food or fiber production, agriculture, research, testing, experimentation or education.

“Consent” means assent in fact, whether express or apparent.

“Deprive” means:

To purposely or knowingly withhold an animal or other property from the owner permanently or for such an extended time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

To restore the animal or other property only upon payment for reward or other compensation; or

To dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.

“Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if:

Induced by force, threat, false pretenses or fraud;

Given by a person the actor knows is not legally authorized to act for the owner;

Given by a person who by reason of youth, mental disease or defect or intoxication is known by the actor to be unable to make reasonable decisions; or

Given solely to detect the commission of an offense.

“Owner” means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor.

“Person” means an individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest or other legal entity.

“Possession” means actual care, custody, control or management.

HISTORY: Law, 1996, ch. 424, § 2, eff from and after July 1, 1996.

§ 69-29-305. Prohibition against acquisition or exercise of control over animal facility with intent to disrupt or damage enterprise conducted at facility without consent of owner.

A person shall not, without the effective consent of the owner, acquire or otherwise exercise control over an animal facility, an animal from an animal facility or other property from an animal facility with the intent to deprive the owner of the facility, animal or property and to disrupt or damage the enterprise conducted at the animal facility.

HISTORY: Law, 1996, ch. 424, § 3, eff from and after July 1, 1996.

Cross References —

Penalties, see §69-29-315.

§ 69-29-307. Prohibition against damaging or destroying animal or animal facility with intent to disrupt or damage without consent of owner.

A person shall not, without the effective consent of the owner, damage or destroy an animal facility or an animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility.

HISTORY: Law, 1996, ch. 424, § 4, eff from and after July 1, 1996.

Cross References —

Penalties, see §69-29-315.

§ 69-29-309. Prohibition against entering or remaining concealed in animal facility to commit prohibited act without consent of owner.

A person shall not, without the effective consent of the owner, with the intent to disrupt or damage the enterprise conducted at the animal facility:

Enter an animal facility, not then open to the public, with intent to commit an act prohibited by this act;

Remain concealed, with intent to commit an act prohibited by this act, in an animal facility; or

Enter an animal facility and commit or attempt to commit an act prohibited by this act.

HISTORY: Law, 1996, ch. 424, § 5, eff from and after July 1, 1996.

Cross References —

Penalties, see §69-29-315.

§ 69-29-311. Prohibition against entering or remaining in animal facility with intent to disrupt or damage enterprise conducted at facility without consent of owner; notice requirement; definitions.

  1. A person shall not, without the effective consent of the owner, enter or remain in an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility if the person:
    1. Had notice that the entry was forbidden; or
    2. Received notice to depart but failed to do so.
  2. For purposes of this section, “notice” means:
    1. Oral or written communication by the owner or someone with apparent authority to act for the owner;
    2. Fencing or other enclosure obviously designed to exclude intruders or to contain animals; or
    3. A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.

HISTORY: Law, 1996, ch. 424, § 6, eff from and after July 1, 1996.

Cross References —

Penalties, see §69-29-315.

§ 69-29-313. Applicability.

This article does not apply to, affect or otherwise prohibit actions taken by the Department of Agriculture and Commerce, any other federal, state or local department or agency or an official or employee of these entities while in the exercise or performance of a power of duty imposed by law or regulation.

HISTORY: Law, 1996, ch. 424, § 7, eff from and after July 1, 1996.

§ 69-29-315. Penalties for violations.

  1. A person violating the provisions of Sections 69-29-305, 69-29-307 and 69-29-309, upon conviction, shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than three (3) years, or both.
  2. A person violating the provisions of Section 69-29-311, upon conviction, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or both.

HISTORY: Law, 1996, ch. 424, § 8, eff from and after July 1, 1996.

Chapter 31. Regulation of Moisture-Measuring Devices

§ 69-31-1. Definitions.

As used in this chapter, unless the context requires otherwise:

“Agricultural products” means any product of agriculture which is tested for moisture content when offered for sale, processing or storage.

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

“Department” means the department of agriculture and commerce.

“Moisture-measuring devices” means any device or instrument used by any person in proving or ascertaining the moisture content of agricultural products.

“Person” means any individual, corporation, partnership, cooperative association, or two (2) or more persons having a joint or common interest in the same venture.

HISTORY: Laws, 1978, ch. 466, § 1, eff from and after July 1, 1978.

§ 69-31-3. Commissioner of Agriculture and Commerce to enforce chapter.

The commissioner is hereby charged with the enforcement of this chapter and is empowered to promulgate rules, regulations, specifications, standards and tests as may be necessary in order to secure the efficient administration of this chapter. The department may, from time to time, publish such data in connection with the administration of this chapter as may be of public interest.

HISTORY: Laws, 1978, ch. 466, § 3, eff from and after July 1, 1978.

Cross References —

Duties of Commissioner of Agriculture and Commerce, generally, see §69-1-13.

Duties of commissioner in connection with the regulation of devices for measuring the moisture content of agricultural products, see §69-31-1 et seq.

§ 69-31-5. Inspection of devices.

The department shall inspect or cause to be inspected at least annually every moisture-measuring device used in commerce in this state, except those belonging to the United States or the state, or any subdivision of either, except as may be requested. The department may inspect or cause to be inspected at the convenience of the department any moisture-measuring device upon a request in writing from the owner.

HISTORY: Laws, 1978, ch. 466, § 2, eff from and after July 1, 1978.

§ 69-31-7. Seals to be placed on inspected devices.

If an inspection or comparative test reveals that the moisture-measuring device being inspected or tested conforms to the standards and specifications established by the department, the department shall cause the same to be marked with an appropriate seal. Any moisture-measuring device which upon inspection is found not to conform with the specifications and standards established by the department shall be marked with an appropriate seal showing such device to be defective. The seal shall not be altered or removed until said moisture-measuring device is properly repaired and reinspected. The department shall notify the owner or user of such device of its defective condition. Notification shall be made on an inspection form prepared by the department.

HISTORY: Laws, 1978, ch. 466, § 4, eff from and after July 1, 1978.

§ 69-31-9. Defective devices used to measure moisture; reinspection.

  1. Any defective moisture-measuring device, while so marked, sealed, or tagged, as provided in Section 69-31-7, may be used to ascertain the moisture content of agricultural products offered for sale, processing or storage, only under the following conditions:
    1. The owner or user shall make adjustment for error on all agricultural products tested, and the owner or user shall keep a record open to inspection, of every commercial sample of agricultural products inspected by means of the defective device, showing that such adjustment was made on all such agricultural products tested.
    2. The device shall be repaired to comply with Section 69-31-7 within thirty (30) days after inspection and the department thereupon notified that the device has been repaired accordingly.
  2. If, upon reinspection, the device is again rejected under the provisions of Section 69-31-7, such device shall be sealed and shall not be used until repaired and reinspected.

HISTORY: Laws, 1978, ch. 466, § 5, eff from and after July 1, 1978.

§ 69-31-11. Device to be used in location visible to general public; display of procedure for operation of device.

Every moisture-measuring device offered for sale, processing or storage shall be used in a location visible to the general public and the detailed procedure for operating a moisture-measuring device shall be displayed in a conspicuous place proximate to the moisture-measuring device.

HISTORY: Laws, 1978, ch. 466, § 6, eff from and after July 1, 1978.

§ 69-31-13. Grain moisture; measuring devices; inspection and use.

After May 1, 1979, no person shall use or cause to be used any grain moisture-measuring device which has not been inspected and approved for use by the department; except that after May 1, 1979, a newly purchased grain moisture-measuring device may be used prior to regular inspection and approval if the user of such device has given at least ten (10) days’ notice to the department of the purchase prior to the use of such new device.

HISTORY: Laws, 1978, ch. 466, § 7, eff from and after July 1, 1978.

§ 69-31-15. Penalties.

Any person who uses or causes to be used a moisture-measuring device in commerce with the knowledge that such device has not been inspected and approved by the department, in accordance with the provisions of this chapter, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment.

HISTORY: Laws, 1978, ch. 466, § 8, eff from and after July 1, 1978.

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 33. Pecan Harvesting

§ 69-33-1. Definitions.

For the purpose of this chapter, the following words shall have the following meanings unless the context shall prescribe otherwise:

“Owner” means the person, firm or corporation owning the land on which pecan trees are growing or the person, firm or corporation having legal possession of such land.

“Harvesting season” means that portion of each calendar year beginning on October 1 and ending December 31.

HISTORY: Laws, 1981, ch. 391, § 1, eff from and after July 1, 1981.

§ 69-33-3. Removal of pecans from public right-of-way during harvesting season prohibited.

When pecan trees are grown on private property and the branches of such trees extend over a public road, street or highway right-of-way, any pecans falling from any such pecan trees onto such public right-of-way shall be deemed the property of the owner of such pecan trees until the end of the harvesting season, and it shall be unlawful for any person, without the permission of the owner of such trees, to remove such pecans from any such public right-of-way during the harvesting season. It shall be unlawful for any person, without the permission of the owner of such trees, to pick or otherwise remove any pecans from the limbs or branches of pecan trees or to cause pecans to fall from such trees.

HISTORY: Laws, 1981, ch. 391, § 2, eff from and after July 1, 1981.

Cross References —

Criminal offense of cutting or rafting pecan trees on lands of others, see §§97-7-65,97-17-81.

Trespass and destruction or carrying away of vegetation or agricultural products, see §97-17-89.

§ 69-33-5. Pecans left on public right-of-way after harvesting season deemed abandoned.

Any pecans remaining on a public road, street or highway right-of-way during that portion of each calendar year except the harvesting season shall be deemed to be abandoned by the owner of such pecans, and it shall not be unlawful for any person to remove such pecans from such public right-of-way, except during the harvesting season.

HISTORY: Laws, 1981, ch. 391, § 3, eff from and after July 1, 1981.

§ 69-33-7. Normal road maintenance to continue; owners not authorized to harvest pecans from interstate or limited access rights-of-way.

The provisions of this chapter shall not be construed to prohibit employees of the state highway department or the employees of a county or municipality from engaging in normal activities of maintenance on the rights-of-way of public roads, streets or highways. Nor shall the provisions of this chapter be construed to grant the owner of any pecan trees the right to harvest pecans from the rights-of-way of any interstate or other limited access highway.

HISTORY: Laws, 1981, ch. 391, § 4, eff from and after July 1, 1981.

§ 69-33-9. Penalty for violations.

Any person who shall be found guilty of violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding One Hundred Dollars ($100.00) or be imprisoned not exceeding thirty (30) days in the county jail, or both.

HISTORY: Laws, 1981, ch. 391, § 5, 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 34. Milk Producers Transportation Cost Assistance Loan Program

§ 69-34-1. Repealed.

Repealed by Laws, 2009, ch. 389, § 1, eff from and after December 31, 2012.

§69-34-1. [Laws, 2007, ch. 571, § 1; Laws, 2009, ch. 389, § 1, eff from and after July 1, 2009.]

Editor’s Notes —

Former §69-34-1 created the Milk Producers Transportation Cost Assistance Loan Fund.

Chapter 35. Mississippi Dairy Promotion Act

§ 69-35-1. Title.

This act shall be known as the “Mississippi Dairy Promotion Act.”

HISTORY: Laws, 1989, ch. 504, § 1, eff from and after passage (approved April 4, 1989).

§ 69-35-3. Legislative findings, purpose and policy.

  1. It is hereby declared and the Legislature hereby finds that:
    1. Dairy products are basic foods that are a valuable part of the human diet;
    2. The production of dairy products plays a significant role in the state’s economy, the milk from which dairy products are manufactured is produced by milk producers and dairy products are consumed by thousands of people throughout the state and the United States;
    3. Dairy products must be readily available and marketed efficiently to ensure that the people of the state receive adequate nourishment;
    4. The maintenance and expansion of existing markets for dairy products are vital to the welfare of milk producers and those concerned with marketing, using and producing dairy products, as well as to the general economy of the state;
    5. Dairy products move in intrastate, interstate and foreign commerce;
    6. The Ninety-eighth Congress of the United States enacted the Dairy Production Stabilization Act of 1983 and established the National Dairy Board (7 U.S.C. 4501 et seq.) authorizing the establishment of orderly procedures for financing promotional and educational programs for milk and dairy products through a mandatory Fifteen Cents (15¢) per hundredweight assessment on all milk produced in the United States for commercial use, and the carrying out of a coordinated program of promotion designed to strengthen the dairy industry’s position in the marketplace, and authorizing such orderly procedures to permit a milk producer or a producer’s cooperative to establish that the producer is participating in active, ongoing qualified state or regional dairy product promotion or nutrition education programs intended to increase consumption of milk and dairy products generally, to receive credit in determining the assessment due from such producer for contributions to such state programs in an amount not in excess of Ten Cents (10¢) per hundredweight of milk marketed; and
    7. The American Dairy Association of Mississippi has been designated by the Secretary of Agriculture of the United States Department of Agriculture as a qualified promotional organization pursuant to the terms of the Dairy Production Stabilization Act of 1983 (7 U.S.C. Section 4501 et seq).
  2. It, therefore, is declared to be the policy of the Legislature that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this act, of an orderly procedure for financing (through assessments on all milk produced in the state for commercial use) and carrying out a coordinated program of promotion designed to strengthen the dairy industry’s position in the marketplace and to maintain and expand domestic and foreign markets and uses for fluid milk and dairy products produced in the state and the United States. All funds obtained by the state ADA as a result of the passage of this act shall be exclusively utilized to promote the dairy industry within the State of Mississippi, and its contiguous states. Nothing in this act may be construed to provide for the control of production or otherwise limit the right of individual milk producers to produce milk.

HISTORY: Laws, 1989, ch. 504, § 2, eff from and after passage (approved April 4, 1989).

§ 69-35-5. Definitions.

The following terms shall have the following meanings unless context shall provide otherwise:

“State” means the State of Mississippi;

“Milk” means any class of cow’s milk produced in the state;

“Dairy products” means products manufactured for human consumption which are derived from the processing of milk and includes fluid milk products;

“Fluid milk products” means those products normally consumed in liquid form as a beverage;

“Person” means any individual, group of individuals, partnership, corporation, association, cooperative association, or any other entity;

“Producer” means any person engaged in the production of milk for commercial use;

“Promotion” means actions such as paid advertising, sales promotion and publicity to advance the image and sales of and demand for dairy products;

“Nutrition education” means those activities intended to broaden the understanding of sound nutritional principle including the role of milk and dairy products in a balanced diet;

“State ADA” means the American Dairy Association of Mississippi;

“Extension service” means the Mississippi Cooperative Extension Service;

“Bulk tank unit” means a bulk tank unit as defined in accordance with the State Board of Health, Dairy Inspection Division;

“Block voting” means the vote cast by associations approved to be eligible to vote as described in Section 69-35-25;

“Handler” means any person engaged in the business of distributing, marketing, or in any manner handling fluid milk or dairy products, in whole or in part, for consumption;

“National Dairy Board” means the National Dairy Promotion and Research Board established under 7 U.S.C. 4504, as amended;

“Act” shall mean the Mississippi Dairy Promotion Act; and

“Cooperative association” means any cooperative marketing association of producers which is organized under the provisions of the act of Congress of February 18, 1922, known as the “Capper-Volstead Act.”

HISTORY: Laws, 1989, ch. 504, § 3, eff from and after passage (approved April 4, 1989).

§ 69-35-7. Activities under chapter not illegal or in restraint of trade.

No association, meeting or activity undertaken pursuant to the provisions of this act and intended to benefit all of the producers and handlers of milk and dairy products in Mississippi shall be deemed or considered illegal or in restraint of trade.

HISTORY: Laws, 1989, ch. 504, § 4, eff from and after passage (approved April 4, 1989).

§ 69-35-9. Dairy producers’ referendum on levying milk assessment.

It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that, producers and handlers of milk and dairy products shall be permitted by referendum to be held among producers in the state and subject to the provisions of this act, to levy upon themselves an assessment on such milk produced in the state, for the purpose of financing or contributing towards the financing of a program of promotion and nutrition education designed to strengthen the dairy industry’s position in the marketplace and to maintain and expand domestic and foreign markets and use for fluid milk and dairy products produced in the state and the United States. It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that the state ADA conduct the referendum in coordination with the extension service in accordance with the provisions of this act and the Federal Dairy Promotion Program codified in 7 U.S.C. 4501, et seq.

HISTORY: Laws, 1989, ch. 504, § 5, eff from and after passage (approved April 4, 1989).

§ 69-35-11. Procedures for holding referendum; ballots; maximum assessment.

  1. With respect to any referendum conducted under the provisions of this act, the state ADA and extension service shall, before calling and announcing such referendum, fix, determine and publicly announce at least thirty (30) days before the date determined upon for such referendum, the date, hours and polling places for voting in such referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected if authorized by the producers, and the general purposes to which said amount so collected shall be applied. No annual assessment levied under the provisions of this act shall exceed the federally mandated Fifteen Cents (15¢) per hundredweight of milk produced, however an amount not to exceed Ten Cents (10¢) per hundredweight of milk produced shall be credited to the State ADA for dairy product promotion or nutrition education programs.
  2. As an alternative method of conducting a referendum under the provisions of this act, the state ADA and extension service in its discretion may conduct the referendum by a mail ballot as herein provided. In the event that a decision is made to conduct a mail ballot, public notice of said mail ballot shall be made at least thirty (30) days before the date of said referendum. Said notice shall contain the same information required by subsection (1) of this section except that the notice will also state that the ballot is to be conducted by mail rather than at polling places. The notice shall also state that official ballots are being mailed on a date specified in the notice to all bulk tank units known by the state ADA and extension service to be eligible to vote and that any bulk tank unit not receiving by mail an official ballot by a date specified in the notice will have ten (10) days thereafter to apply for an official ballot at the office of the state ADA. The notice shall state the deadline for the receipt of all ballots and the address of the state ADA.
  3. Official ballots shall be prepared by the state ADA and extension service and mailed by first class mail to the last known address of all bulk tank units known to be eligible to vote. As announced in the public notice, said ballots shall be made available for a period of not less than ten (10) days, to those who are eligible to vote in said referendum and did not receive a ballot by mail.
  4. Before any bulk tank unit shall receive an official ballot, he shall furnish such proof as the state ADA and extension service may require of his eligibility to vote in said referendum. The state ADA shall keep a list of those bulk tank units who receive official ballots. No bulk tank unit may receive more than one (1) official ballot unless the bulk tank unit proves to the satisfaction of the state ADA and extension service that the ballot has been lost or destroyed.
  5. No votes shall be counted which are not on official ballots. To be eligible to be counted, ballots must be received by the state ADA at the place and by the deadline previously announced in the public notice of said referendum.

HISTORY: Laws, 1989, ch. 504, § 6, eff from and after passage (approved April 4, 1989).

§ 69-35-13. Supervision of referendum; expense.

The arrangements for, management and supervision of any referendum conducted under the provisions of this act shall be under the direction of the state ADA in cooperation with the county extension agent of each county in the state, and any and all expenses in connection therewith shall be borne by the state ADA.

HISTORY: Laws, 1989, ch. 504, § 7, eff from and after passage (approved April 4, 1989).

§ 69-35-15. Referendum to be statewide; question to be submitted.

Any referendum conducted under the provisions of this act shall be held on a statewide basis. In such referendum, the bulk tank units eligible for participation shall vote upon the question of whether or not there shall be levied an annual assessment for a period of five (5) years in the amount set forth in the call for such referendum.

HISTORY: Laws, 1989, ch. 504, § 8, eff from and after passage (approved April 4, 1989).

§ 69-35-17. Majority vote rules.

If in such referendum called under the provisions of this act a simple majority of the bulk tank units eligible to participate and voting therein shall vote in the affirmative and in favor of the levying and collection of such assessment proposed in such milk referendum covered thereby, then such assessment shall be collected in the manner determined and announced by the state ADA.

HISTORY: Laws, 1989, ch. 504, § 9, eff from and after passage (approved April 4, 1989).

§ 69-35-19. Defeat of referendum; subsequent referendums.

In the event such referendum so to be conducted as herein provided shall not be supported by a majority of those eligible for participation and voting therein, then the state ADA and extension service conducting the said referendum shall have the full power and authority to call another referendum for the purposes herein set forth in the next succeeding year, on the question of an annual assessment for five (5) years.

HISTORY: Laws, 1989, ch. 504, § 10, eff from and after passage (approved April 4, 1989).

§ 69-35-21. Time, manner, and form of giving notice of referendum; contents of notice.

The hours, voting places, rules and regulations of the milk and dairy products, said referendum date, hours, voting places, rules and regulations with respect to the holding of such referendum shall be published by the state ADA and extension service through the medium of the public press in the state at least thirty (30) days before the holding of such referendum, and direct written notice thereof shall likewise be given to all dairy-related organizations within the state and to each county extension agent and shall likewise state the method by which such assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the same shall be applied, which purposes shall be in keeping with the provisions of this act.

HISTORY: Laws, 1989, ch. 504, § 11, eff from and after passage (approved April 4, 1989).

§ 69-35-23. Preparation and distribution of ballots; conduct of referendum; results.

The state ADA and extension service shall likewise prepare and distribute in advance of such referendum all necessary ballots for the purposes thereof, and shall, under rules and regulations promulgated, arrange for the necessary poll holders for conducting the said referendum; and following such referendum and within ten (10) days thereafter shall canvas and publicly declare the result of such referendum.

HISTORY: Laws, 1989, ch. 504, § 12, eff from and after passage (approved April 4, 1989).

§ 69-35-25. Vote of cooperative associations.

  1. In conducting any referendum under this act, the state ADA and extension service shall consider the approval or disapproval by any cooperative association engaged in a bona fide manner in marketing milk or the dairy products as the approval or disapproval of the producers who are members of or under contract with such cooperative association of producers.
  2. In order to be eligible to vote in a referendum, a cooperative association must:
    1. Certify to the state ADA and extension service in conjunction with casting its ballot, that the association is organized under the provisions of the “Capper-Volstead Act” and that it is engaged in a bona fide manner in marketing its members’ milk or dairy products;
    2. Certify to the state ADA and extension service in conjunction with casting its ballot, the number of bulk tank units on whose behalf the cooperative association is casting a ballot, that such bulk tank units are members of or under contract with the cooperative association and that the association was engaged during the representative period in marketing the milk of each of the bulk tank units for whom the cooperative association claims the right to vote;
    3. Furnish to the state ADA and extension service in conjunction with casting its ballot, a copy of the resolution authorizing the casting of the ballot;
    4. Certify to the state ADA and extension service in conjunction with casting its ballot, that the cooperative association has complied with the requirements of subsection (3) of this section; and
    5. Agree to make available to the state ADA and extension service necessary records and information pertaining to the representative period to validate the eligibility of the cooperative association to vote and to verify the number and identity of the producers on whose behalf the cooperative association claims the right to vote.
  3. Not later then thirty (30) days prior to the beginning of the referendum, each cooperative association shall notify the state ADA and extension service as to whether or not the association intends to vote on behalf of its bulk tank units.

HISTORY: Laws, 1989, ch. 504, § 13, eff from and after passage (approved April 4, 1989).

Cross References —

Application of this section to definition of “Block voting”, see §69-35-5.

§ 69-35-27. Collection of assessment; failure to pay assessment.

  1. In the event a majority of the bulk tank units eligible for participation in such referendum and voting therein shall vote in favor of such assessment, then the said assessment shall be collected monthly for the number of years set forth in the call for such referendum, and the collection of such assessment shall be under such method, rules and regulations as may be determined by the state ADA conducting the same; and the said assessment so collected shall be paid into the treasury of the state ADA to be used together with other funds from other sources. Funds to be collected pursuant to a referendum conducted under this act shall be withheld and paid by each handler, including producer handlers, to the state ADA by the last calendar day of the month succeeding the month in which the milk was received by the handler.
  2. In the event of a failure to pay part or all of an assessment levied pursuant to this act, the Attorney General of the state shall, upon the request of the state ADA, enforce the provisions of this act and collect such monies for payment to the state ADA. In the alternative to requesting the Attorney General to enforce the provisions of this act, the state ADA may bring a civil action to collect assessment from a handler failing to pay such assessments. A handler found to have failed to pay assessments pursuant to this act shall also be liable for reasonable attorney’s fees and costs in the collection of such assessments.

HISTORY: Laws, 1989, ch. 504, § 14, eff from and after passage (approved April 4, 1989).

§ 69-35-29. Refund of assessments.

In the event such referendum is carried in the affirmative and the assessment is levied and collected as provided herein and under the regulations to be promulgated by the state ADA, any bulk tank unit upon and against whom such assessments shall have been levied and collected under the provisions of this act, if a bulk tank unit is dissatisfied with said assessment and the result thereof, such unit shall have the right to demand that the treasurer of the state ADA refund such assessment so collected from such bulk tank unit, provided such demand for refund is made in writing within thirty (30) days from the date on which said assessment is collected or due to be collected, whichever is earlier, from such bulk tank unit under the rules and regulations of the state ADA. Pursuant to the Dairy Promotion Stabilization Act of 1983, 7 U.S.C. Section 4510 et seq., any such funds shall be transferred to the National Dairy Board by the treasurer of the state ADA.

HISTORY: Laws, 1989, ch. 504, § 15, eff from and after passage (approved April 4, 1989).

§ 69-35-31. Report of amount of assessments received and collected.

In the event of the levying and collection of assessments as herein provided, the treasurer of the state ADA conducting same shall, within ninety (90) days after the end of any calendar year in which such assessments are collected, have available upon written request by a producer, or extension service or other agency of the state, a statement of the amount or amounts so received and collected by him under the provisions of this act.

HISTORY: Laws, 1989, ch. 504, § 16, eff from and after passage (approved April 4, 1989).

§ 69-35-33. Date of initial referendum.

The date of any initial referendums authorized under the provisions of this act shall be set on or before June 1, 1989.

HISTORY: Laws, 1989, ch. 504, § 17, eff from and after passage (approved April 4, 1989).

Chapter 36. Southern Dairy Compact

§ 69-36-1. [Effective when enacted into law by at least two other states within compact group and when consent of Congress obtained] Southern Dairy Compact; Mississippi’s participation.

The Southern Dairy Compact, the full text of which is hereinafter set forth and confirmed by the Mississippi Legislature, is hereby entered into on behalf of the State of Mississippi. The compact shall become effective when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained. The full text of said compact is as follows:

SOUTHERN DAIRY COMPACT

ARTICLE I. STATEMENT OF PURPOSE, FINDINGS AND DECLARATION OF POLICY

§ 1. Statement of purpose, findings and declaration of policy.

The purpose of this compact is to recognize the interstate character of the southern dairy industry and the prerogative of the states under the United States Constitution to form an interstate commission for the southern region. The mission of the commission is to take such steps as are necessary to assure the continued viability of dairy farming in the south, and to assure consumers of an adequate, local supply of pure and wholesome milk.

The participating states find and declare that the dairy industry is an essential agricultural activity of the South. Dairy farms, and associated suppliers, marketers, processors and retailers are an integral component of the region’s economy. Their ability to provide a stable, local supply of pure, wholesome milk is a matter of great importance to the health and welfare of the region.

The participating states further find that dairy farms are essential and they are an integral part of the region’s rural communities. The farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities.

In establishing their constitutional regulatory authority over the region’s fluid milk market by this compact, the participating states declare their purpose that this compact neither displace the federal order system nor encourage the merging of federal orders. Specific provisions of the compact itself set forth this basic principle.

Designed as a flexible mechanism able to adjust to changes in a regulated marketplace, the compact also contains a contingency provision should the federal order system be discontinued. In that event, the interstate commission is authorized to regulate the marketplace in replacement of the order system. This contingent authority does not anticipate such a change, however, and should not be so construed. It is only provided should developments in the market other than establishment of this compact result in continuance of the order system.

By entering into this compact, the participating states affirm that their ability to regulate the price which southern dairy farmers receive for their product is essential to the public interest. Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the southern dairy industry, with all the associated benefits.

Recent, dramatic price fluctuations with a pronounced downward trend threaten the viability and stability of the southern dairy region. Historically, individual state regulatory action had been an effective emergency remedy available to farmers confronting a distressed market. The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, establishes only minimum prices paid to producers for raw milk, without preempting the power of states to regulate milk prices above the minimum levels so established.

In today’s regional dairy marketplace, cooperative rather than individual state action is needed to more effectively address the market disarray. Under our constitutional system, properly authorized states acting cooperative may exercise more power to regulate interstate commerce than they may assert individually without such authority. For this reason, the participating states invoke their authority to act in common agreement, with the consent of Congress, under the compact clause of the Constitution.

ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION

§ 2. Definitions.

For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context:

  1. “Class I milk” means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in subdivision (b) of § 3 of this compact.
  2. “Commission” means the Southern Dairy Compact Commission established by this compact.
  3. “Commission marketing order” means regulations adopted by the commission pursuant to § 9 and § 10 of this compact in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. Such order may establish minimum prices for any or all classes of milk.
  4. “Compact” means this interstate compact.
  5. “Compact over-order price” means a minimum price required to be paid to producers for Class I milk established by the commission in regulations adopted pursuant to § 9 and § 10 of this compact, which is above the price established in federal marketing orders or by state farm price regulations in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission.
  6. “Milk” means the lacteral secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. The term is used in its broadest sense and may be further defined by the commission for regulatory purposes.
  7. “Partially regulated plant” means a milk plant not located in a regulated area but having Class I distribution within such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein.
  8. “Participating state” means a state which has become a party to this compact by the enactment of concurring legislation.
  9. “Pool plant” means any milk plant located in a regulated area.
  10. “Region” means the territorial limits of the states which are parties to this compact.
  11. “Regulated area” means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order.
  12. “State dairy regulation” means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order or otherwise.

    § 3. Rules of construction.

    1. This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the commission the option to replace them with one or more commission marketing orders pursuant to this compact.
    2. The compact shall be construed liberally in order to achieve the purposes and intent enunciated in § 1 of this compact. It is the intent of this compact to establish a basic structure by which the commission may achieve those purposes through the application, adaptation and development of the regulatory techniques historically associated with milk marketing and to afford the commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes.

      ARTICLE III. COMMISSION ESTABLISHED

      § 4. Commission established.

      There is hereby created a commission to administer the compact, composed of delegations from each state in the region. The commission shall be known as the Southern Dairy Compact Commission. A delegation shall include not less than three (3) nor more than five (5) persons. Each delegation shall include at least one (1) dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one (1) consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in the appointing state. Delegation members shall serve no more than three (3) consecutive terms with no single term of more than four (4) years, and be subject to removal for cause. In all other respects, delegation members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the commission.

      § 5. Voting requirements.

      All actions taken by the commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment or rescission of the commission’s bylaws, shall be by majority vote of the delegations present. Each state delegation shall be entitled to one (1) vote in the conduct of the commission’s affairs. Establishment or termination of an over-order price or commission marketing order shall require at least a two-thirds (2/3) vote of the delegations present. The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state’s delegation. A majority of the delegations from the participating states shall constitute a quorum for the conduct of the commission’s business.

      § 6. Administration and management.

      1. The commission shall elect annually from among the members of the participating state delegations a chairperson, a vice chairperson, and a treasurer. The commission shall appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the commission, and together with the treasurer, shall be bonded in an amount determined by the commission. The commission may establish through its bylaws an executive committee composed of one (1) member elected by each delegation.
      2. The commission shall adopt bylaws for the conduct of its business by a two-thirds (2/3) vote, and shall have the power by the same vote to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form with the appropriate agency or officer in each of the participating states. The bylaws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states.
    3. The commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the Governor, both houses of the Legislature, and the head of the state department having responsibilities for agriculture.
    4. In addition to the powers and duties elsewhere prescribed in this compact, the commission shall have the power:

      To sue and be sued in any state or federal court;

      To have a seal and alter the same at pleasure;

      Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms.

      Investigate costs and charges for producing, hauling, handling, processing, distributing, selling and for all other services performed with respect to milk.

      Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve or promote more efficient assembly and distribution of milk.

      Prepare and release periodic reports on activities and results of the commission’s efforts to the participating states.

      Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems. Conduct symposia or conferences designed to improve industry relations, or a better understanding of problems.

      Study and recommend to the participating states joint or cooperative programs for the administration of the dairy marketing laws and regulations and to prepare estimates of cost savings and benefits of such programs.

      Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region.

      To create and abolish such offices, employments and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees. The commission may also retain personal services on a contract basis.

      To appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties and qualifications; and

      To borrow money and issue notes, to provide for the rights of the holders thereof and to pledge the revenue of the commission as security therefor, subject to the provisions of § 18 of this compact;

      To acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes;

      § 7. Rulemaking power.

      In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this compact.

      ARTICLE IV. POWERS OF THE COMMISSION

      § 8. Powers to promote regulatory uniformity, simplicity, and interstate cooperation.

      The commission is hereby empowered to:

      § 9. Equitable farm prices.

      1. The powers granted in this section and § 10 of this compact shall apply only to the establishment of a compact over-order price, so long as federal milk marketing orders remain in effect in the region. In the event that any or all such orders are terminated, this article shall authorize the commission to establish one or more commission marketing orders, as herein provided, in the region or parts thereof as defined in the order.
      2. A compact over-order price established pursuant to this section shall apply only to Class I milk. Such compact over-order price shall not exceed One Dollar and Fifty Cents ($1.50) per gallon at Atlanta, Georgia; however, this compact over-order price shall be adjusted upward or downward at other locations in the region to reflect differences in minimum federal order prices. Beginning in 1990, and using that year as a base, the foregoing One Dollar and Fifty Cents ($1.50) per gallon maximum shall be adjusted annually by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. For purposes of the pooling and equalization of an over-order price, the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable federal order or state dairy regulation and the value of unregulated milk shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the commission may prescribe in regulations.
      3. A commission marketing order shall apply to all classes and uses of milk.
      4. The commission is hereby empowered to establish a compact over-order price for milk to be paid by pool plants and partially regulated plants. The commission is also empowered to establish a compact over-order price to be paid by all handlers receiving milk from producers located in a regulated area. This price shall be established either as a compact over-order price or by one or more commission marketing orders. Whenever such a price has been established by either type of regulation, the legal obligation to pay such price shall be determined solely by the terms and purpose of the regulation without regard to the situs of the transfer of title, possession or any other factors not related to the purposes of the regulation and this compact. Producer-handlers as defined in an applicable federal market order shall not be subject to a compact over-order price. The commission shall provide for similar treatment of producer-handlers under commission marketing orders.
    5. In determining the price, the commission shall consider the balance between production and consumption of milk and milk products in the regulated area, the costs of production including, but not limited to the price of feed, the cost of labor including the reasonable value of the producer’s own labor and management, machinery expense, and interest expense, the prevailing price for milk outside the regulated area, the purchasing power of the public and the price necessary to yield a reasonable return to the producer and distributor.
    6. When establishing a compact over-order price, the commission shall take such other action as is necessary and feasible to help ensure that the over-order price does not cause or compensate producers so as to generate local production of milk in excess of those quantities necessary to assure consumers of an adequate supply for fluid purposes.
    7. The commission shall whenever possible enter into agreements with state or federal agencies for exchange of information or services for the purpose of reducing regulatory burden and cost of administering the compact. The commission may reimburse other agencies for the reasonable cost of providing these services.

      § 10. Optional provisions for pricing order.

      Regulations establishing a compact over-order price or a commission marketing order may contain, but shall not be limited to any of the following:

      Other provisions and requirements as the commission may find are necessary or appropriate to effectuate the purposes of this compact and to provide for the payment of fair and equitable minimum prices to producers.

      Provisions for reimbursement to participants of the Women, Infants and Children Special Supplemental Food Program of the United States Child Nutrition Act of 1966.

      Provision requiring the payment by handlers of an assessment to cover the costs of the administration and enforcement of such order pursuant to Article VII, § 18(a) of this compact.

      Provisions requiring that the account of any person regulated under the compact over-order price shall be adjusted for any payments made to or received by such persons with respect to a producer settlement fund of any federal or state milk marketing order or other state dairy regulation within the regulated area.

      Provisions specially governing the pricing and pooling of milk handled by partially regulated plants.

      Provisions requiring persons who bring Class I milk into the regulated area to make compensatory payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by handlers subject to a compact over-order price or commission marketing order. No such provisions shall discriminate against milk producers outside the regulated area. The provisions for compensatory payments may require payment of the difference between the Class I price required to be paid for such milk in the state of production by a federal milk marketing order or state dairy regulation and the Class I price established by the compact over-order price or commission marketing order.

      With respect to any commission marketing order, as defined in § 2, subdivision (3) of this compact, which replaces one or more terminated federal orders or state dairy regulations, the marketing area of now separate state or federal orders shall not be merged without the affirmative consent of each state, voting through its delegation, which is partly or wholly included within any such marketing area.

      With respect to regulations, establishing a compact over-order price, the commission may establish one (1) equalization pool within the regulated area for the sole purpose of equalizing returns to producers throughout the regulated area.

      Provisions for the payment to all producers and associations of producers delivering milk to all handlers or uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered, or for the payment of producers delivering milk to the same handler of uniform prices for all milk delivered by them.

      Provisions for establishing either an over-order price or a commission marketing order may make use of any reasonable method for establishing such price or prices including flat pricing and formula pricing. Provision may also be made for location adjustments, zone differentials and for competitive credits with respect to regulated handlers who market outside the regulated area.

      With respect to an over-order minimum price, provisions establishing or providing a method for establishing such minimum price for Class I milk.

      With respect to a commission marketing order only, provisions establishing or providing a method for establishing separate minimum prices for each use classification prescribed by the commission, or a single minimum price for milk purchased from producers or associations of producers.

      Provisions classifying milk in accordance with the form in which or purpose for which it is used, or creating a flat pricing program.

      ARTICLE V. RULEMAKING PROCEDURE

      § 11. Rulemaking procedure.

      Before promulgation of any regulations establishing a compact over-order price or commission marketing order, including any provision with respect to milk supply under subsection 9(f) of this compact, or amendment thereof, as provided in Article IV, the commission shall conduct an informal rulemaking proceeding to provide interested persons with an opportunity to present data and views. Such rulemaking proceeding shall be governed by Section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C. § 553). In addition, the commission shall, to the extent practicable, publish notice of rulemaking proceedings in the official register of each participating state. Before the initial adoption of regulations establishing a compact over-order price or a commission marketing order and thereafter before any amendment with regard to prices or assessments, the commission shall hold a public hearing. The commission may commence a rulemaking proceeding on its own initiative or may in its sole discretion act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state or federal officials.

      § 12. Findings and referendum.

      § 13. Producer referendum.

      § 14. Termination of over-order price or marketing order.

      ARTICLE VI. ENFORCEMENT

      § 15. Records; reports; access to premises.

      § 16. Subpoena; hearings and judicial review.

      § 17. Enforcement with respect to handlers.

      ARTICLE VII. FINANCE

      § 18. Finance of start-up and regular costs.

      § 19. Audit and accounts.

      1. In addition to the concise general statement of basis and purpose required by Section 4(b) of the Federal Administrative Procedure Act, as amended (5 U.S.C. § 553(c)), the commission shall make findings of fact with respect to:
      2. For the purpose of ascertaining whether the issuance or amendment of regulations establishing a compact over-order price or a commission marketing order, including any provision with respect to milk supply under subsection 9(f) of this compact, is approved by producers, the commission shall conduct a referendum among producers. The referendum shall be held in a timely manner, as determined by regulation of the commission. The terms and conditions of the proposed order or amendment shall be described by the commission in the ballot used in the conduct of the referendum, but the nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto.
      3. An order or amendment shall be deemed approved by producers if the commission determines that it is approved by at least two-thirds (2/3) of the voting producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment.
      4. For purposes of any referendum, the commission shall consider the approval or disapproval by any cooperative association of producers, qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act, bona fide engaged in marketing milk, or in rendering services for or advancing the interests of producers of such commodity, as the approval or disapproval of the producers who are members or stockholders in, or under contract with, such cooperative association of producers, except as provided in subdivision (1) hereof and subject to the provisions of subdivisions (2) through (5) hereof.
      5. The commission shall terminate any regulations establishing an over-order price or commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact.
      6. The commission shall terminate any regulations establishing an over-order price or a commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which is regulated by such order, but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order.
      7. The termination or suspension of any order or provision thereof shall not be considered an order within the meaning of this article and shall require no hearing, but shall comply with the requirements for informal rulemaking prescribed by Section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C. § 553).
      8. The commission may by rule and regulation prescribe recordkeeping and reporting requirements for all regulated persons. For purposes of the administration and enforcement of this compact, the commission is authorized to examine the books and records of any regulated person relating to his or her milk business and for that purpose, the commission’s properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons.
      9. Information furnished to or acquired by the commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the commission. The commission may promulgate regulations further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit (i) the issuance of general statements based upon the reports of a number of handlers, which do not identify the information furnished by any person, or (ii) the publication by direction of the commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person.
      10. No officer, employee, or agent of the commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of this section shall, upon conviction, be subject to a fine of not more than One Thousand Dollars ($1,000.00) or to imprisonment for not more than one (1) year, or to both, and shall be removed from office. The commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or United States Attorney.
      11. The commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence.
      12. Any handler subject to an order may file a written petition with the commission stating that any such order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the commission. After such hearing, the commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.
      13. The district courts of the United States in any district in which such handler is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within thirty (30) days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the commission by delivering to it a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the commission with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the commission from obtaining relief pursuant to § 17 of this compact. Any proceedings brought pursuant to § 17 of this compact, except where brought by way of counterclaim in proceedings instituted pursuant to this section, shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section.
      14. Any violation by a handler of the provisions of regulations establishing an over-order price or a commission marketing order, or other regulations adopted pursuant to this compact shall:
      15. With respect to handlers, the commission shall enforce the provisions of this compact, regulations establishing an over-order price, a commission marketing order or other regulations adopted hereunder by:
      16. With respect to handlers, the commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist.
      17. To provide for its start-up costs, the commission may borrow money pursuant to its general power under § 6, subdivision (d), paragraph four (4) of this compact. In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one (1) year from the date the commission convenes, in an amount not to exceed $.015 per hundredweight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the two-month period following the date the commission convenes. In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the commission’s ongoing operating expenses.
      18. The commission shall not pledge the credit of any participating state or of the United States. Notes issued by the commission and all other financial obligations incurred by it shall be its sole responsibility and no participating state or the United States shall be liable therefor.
      19. The commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules. In addition, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
      20. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the commission.
      21. Nothing contained in this article shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States.

      ARTICLE VIII. ENTRY INTO FORCE; ADDITIONAL MEMBERS AND WITHDRAWAL

      § 20. Entry into force; additional members.

      The compact shall enter into force effective when enacted into law by any three (3) states of the group of states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West Virginia and when the consent of Congress has been obtained.

      § 21. Withdrawal from compact.

      Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after notice in writing of the withdrawal is given to the commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a participating state prior to the time of such withdrawal.

      § 22. Severability.

      If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact. In the event Congress consents to this compact subject to conditions, said conditions shall not impair the validity of this compact when said conditions are accepted by three (3) or more compacting states. A compacting state may accept the conditions of Congress by implementation of this compact.

Whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under Article IV of this compact.

What level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes.

Whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order.

Whether the terms of the proposed regional order or amendment are approved by producers as provided in § 13 of this compact.

No cooperative which has been formed to act as a common marketing agency for both cooperatives and individual producers shall be qualified to block vote for either.

Any cooperative which is qualified to block vote shall, before submitting its approval or disapproval in any referendum, give prior written notice to each of its members as to whether and how it intends to cast its vote. The notice shall be given in a timely manner as established, and in the form prescribed, by the commission.

Any producer may obtain a ballot from the commission in order to register approval or disapproval of the proposed order.

A producer who is a member of a cooperative which has provided notice of its intent to approve or not to approve a proposed order, and who obtains a ballot and with such ballot expresses his approval or disapproval of the proposed order, shall notify the commission as to the name of the cooperative of which he or she is a member, and the commission shall remove such producer’s name from the list certified by such cooperative with its corporate vote.

In order to insure that all milk producers are informed regarding the proposed order, the commission shall notify all milk producers that an order is being considered and that each producer may register his approval or disapproval with the commission either directly or through his or her cooperative.

Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation.

Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states.

Commencing an action for legal or equitable relief brought in the name of the commission of any state or federal court of competent jurisdiction; or

Referral to the state agency for enforcement by judicial or administrative remedy with the agreement of the appropriate state agency of a participating state.

HISTORY: Laws, 1998, ch. 421, § 1, eff when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.

Editor’s Notes —

Laws, 1998, ch. 421, § 7 provides as follows:

“SECTION 7. This act shall take effect and be in force when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.”

Comparable Laws from other States —

Alabama: Ala. Code §2-13A-1.

Georgia: Ga. O.C.G.A. §2-20-1 et seq.

Kentucky: Ky. Rev. Stat. Ann. § 260.670.

Missouri: Mo. Rev. Stat. § 262.700.

North Carolina: N.C. Gen. Stat. § 106-810.

Tennessee: Tenn. Code Ann. §43-35-102 et seq.

Virginia: Va. Code Ann. § 3.2-3300.

§ 69-36-3. [Effective when enacted into law by at least two other states within compact group and when consent of Congress obtained] Mississippi compact delegation members; terms; vacancies; compensation.

  1. The Commissioner of Agriculture and Commerce shall appoint five (5) delegates from Mississippi to represent the state on the Southern Dairy Compact Commission, created and provided for in Article III of the Southern Dairy Compact. The delegates shall include one (1) dairy producer who is engaged in the production of milk at the time of appointment or reappointment, one (1) consumer representative, one (1) dairy processor, one (1) retail distributor and one (1) delegate at large. There shall be at least one (1) member appointed from each separate Supreme Court district in Mississippi.
  2. Each delegate shall serve for a term of four (4) years and shall serve diligently and conscientiously and shall strive to achieve the purposes of the Southern Dairy Compact.
  3. Each appointment shall be submitted to the Mississippi Senate for confirmation.
  4. Vacancies in delegate positions shall be filled in the same manner as the original appointments for the unexpired portion of the vacant delegate’s position.
  5. The commissioner may provide funding as necessary to the delegation during its term.

HISTORY: Laws, 1998, ch. 421, § 2, eff when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.

Editor’s Notes —

Laws, 1998, ch. 421, § 7 provides as follows:

“SECTION 7. This act shall take effect and be in force when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.”

§ 69-36-5. [Effective when enacted into law by at least two other states within compact group and when consent of Congress obtained] Access to records and information.

The Commissioner of Agriculture and Commerce may, by lawful means, obtain information pertaining to the dairy industry which he deems necessary to carry out the purposes of the provisions of this chapter and the Southern Dairy Compact. Such information may be utilized by the commissioner, the delegates, and the Southern Dairy Compact Commission.

HISTORY: Laws, 1998, ch. 421, § 3, eff when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.

Editor’s Notes —

Laws, 1998, ch. 421, § 7 provides as follows:

“SECTION 7. This act shall take effect and be in force when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.”

§ 69-36-7. [Effective when enacted into law by at least two other states within compact group and when consent of Congress obtained] Rules and regulations.

The Commissioner of Agriculture and Commerce may adopt such rules and regulations, in accordance with the Mississippi Administrative Procedure Act, Section 25-43-1 et seq., Mississippi Code of 1972, as are necessary to carry out the purposes of this chapter and the Southern Dairy Compact.

HISTORY: Laws, 1998, ch. 421, § 4, eff when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.

Editor’s Notes —

Laws, 1998, ch. 421, § 7 provides as follows:

“SECTION 7. This act shall take effect and be in force when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.”

§ 69-36-9. [Effective when enacted into law by at least two other states within compact group and when consent of Congress obtained] Penalties for violations.

  1. No person shall violate this chapter, the Southern Dairy Compact, or any rules or regulations adopted pursuant to either this chapter or the compact.
  2. In addition to any other penalties provided by law, a civil penalty of One Thousand Dollars ($1,000.00) may be imposed for each violation, licenses may be revoked or suspended, or an additional penalty may be imposed in lieu of revocation or suspension.
  3. Each day on which a violation occurs shall be a separate violation.

HISTORY: Laws, 1998, ch. 421, § 5, eff when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.

Editor’s Notes —

Laws, 1998, ch. 421, § 7 provides as follows:

“SECTION 7. This act shall take effect and be in force when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.”

Chapter 37. Mississippi Boll Weevil Management Act

§ 69-37-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Boll Weevil Management Act.”

HISTORY: Laws, 1993, ch. 345, § 1, eff from and after July 1, 1993.

§ 69-37-3. Purpose; liberal construction.

The Legislature has determined that the boll weevil is a public nuisance, a pest and a menace to the cotton industry. The purpose of this chapter is:

To provide procedures through which cotton growers in the State of Mississippi may manage boll weevil suppression, pre-eradication or eradication programs and boll weevil containment/maintenance programs;

To provide for certification of the Mississippi Boll Weevil Management Corporation to cooperate with state and federal agencies in the administration of cost-sharing programs for suppression, pre-eradication, eradication or post-eradication of boll weevils in Mississippi; and

To empower the Mississippi Department of Agriculture and Commerce to promulgate and enforce regulations in support of those programs. This chapter should be construed liberally to achieve these purposes.

HISTORY: Laws, 1993, ch. 345, § 2; Laws, 2010, ch. 524, § 2, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment, in (a), substituted “in the State of Mississippi may manage boll weevil suppression, pre-eradication or eradication programs and boll weevil containment/maintenance programs” for “in various geographical regions in Mississippi may initiate boll weevil suppression, pre-eradication or eradication programs within their respective regions”; in (b), substituted “the Mississippi Boll Weevil Management Corporation” for “a cotton grower’s organization,” inserted “or post-eradication” and deleted “various cotton-growing regions in” preceding “Mississippi”; and made a stylistic change in (d).

OPINIONS OF THE ATTORNEY GENERAL

The Cotton Growers Organization may direct that both pro and con literature be attached to the ballots, but literature in favor of only one side of the issue may not be included. See Section 69-37-19. Foster, January 25, 1996, A.G. Op. #96-0037.

RESEARCH REFERENCES

CJS.

3 C.J.S., Agriculture § 9.

§ 69-37-5. Definitions.

As used in this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

“Assessment” means the amount per acre to be charged each cotton grower to finance, in whole or part, a boll weevil suppression, pre-eradication, eradication or post-eradication program in this state. The assessments shall be based on scientifically sound data regarding the level of boll weevil infestation in the state and the anticipated cost of conducting the proposed program.

“Board” means the Board of Directors of the Mississippi Boll Weevil Management Corporation.

“Boll weevil” means Anthonomus grandis Boheman in any stage of development.

“Mississippi Boll Weevil Management Corporation Board of Directors” means the statewide administrative board elected by all Mississippi cotton growers who are members of a local cotton growers association to serve and represent the interests and concerns of Mississippi cotton growers with respect to the administration of boll weevil management programs and the nonvoting advisory members as provided in Section 69-7-13.

“Bureau” means the Bureau of Plant Industry within the regulatory office of the Mississippi Department of Agriculture and Commerce.

“Certificate” means a document issued or authorized by the Bureau of Plant Industry indicating that a regulated article is not contaminated with boll weevils.

“Cotton growers association” means a local association with membership open to all Mississippi cotton growers. Cotton growers associations represent the interests and concerns of Mississippi cotton growers to the Mississippi Boll Weevil Management Corporation.

“Commissioner” means the Commissioner of Agriculture and Commerce.

“Containment/maintenance program” means a statewide program designed to monitor the level of boll weevil infestations to eliminate any reinfestation of boll weevils.

“Corporation” means the Mississippi Boll Weevil Management Corporation.

“Cotton” means any cotton plant or cotton plant products upon which the boll weevil is dependent for completion of any portion of its life cycle.

“Cotton grower” means any person who under the rules and regulations of the United States Department of Agriculture is actively engaged in cotton farming.

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

“Eradication program” means any statewide program designed to eliminate, contain and monitor the boll weevil as an economic pest within a specified area.

“Host” means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle.

“Infested” means actually infested with a boll weevil or so exposed to infestation that it would be considered infested according to criteria established by program management and the Mississippi Boll Weevil Management Corporation.

“Information gathering program” means any statewide program designed to gather information that will be used in administering a boll weevil management program.

“Management program” means any statewide program designed to suppress or eradicate, contain and monitor the boll weevil or to gather information that will be used in planning or implementing such suppression or eradication programs.

“Permit” means a document issued or authorized by the Bureau of Plant Industry to provide for the movement of regulated articles to restricted designations for limited handling, utilization or processing.

“Person” means any individual, partnership, corporation, company, society, association or other business entity.

“Pest” means any species of plant, animal, or microbe that adversely affects cotton production; including, but not limited to: insects, weeds, nematodes, bacteria, fungi, and viruses.

“Post-eradication program” means any unified program designed to maintain boll weevil free status in the program area.

“Pre-eradication program” means any statewide program designed to reduce overall boll weevil populations before entering a full scale eradication program.

“Region” means a specific cotton growing area within the state as defined by the Technical Advisory Committee as those regions existed before July 1, 2010, defined based on similarities in boll weevil populations, cotton cultural practices, national topography and climate.

“Regulated article” means any article of any character carrying or capable of carrying the boll weevil, including cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers and other equipment associated with cotton production, harvesting or processing.

“Suppression” means any statewide program designed to reduce overall boll weevil populations throughout the specified area.

“Technical Advisory Committee” means a group of professional scientists in the fields of entomology, agronomy, agricultural economics and other appropriate disciplines appointed by the Boll Weevil Management Board to provide technical guidance in developing and conducting effective boll weevil management programs.

HISTORY: Laws, 1993, ch. 345, § 3; Laws, 2010, ch. 524, § 3, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment rewrote the section.

§ 69-37-7. Authorization for programs to suppress or eradicate boll weevil; cooperation with other agencies or persons.

The commissioner, with the approval of the corporation, is authorized to carry out programs to suppress or eradicate the boll weevil in this state through suppression, pre-eradication, post-eradication, or containment/maintenance programs. The commissioner is authorized to cooperate with any agency of any state or the federal government, any other agency in this state, any person engaged in growing, processing, marketing, or handling cotton, or any group of those persons in this state in programs to effectuate the purposes of this chapter and may enter into written agreements to effectuate those purposes. The agreements may provide for cost sharing and for division of duties and responsibilities under this chapter and may include other provisions generally to effectuate the purposes of this chapter.

HISTORY: Laws, 1993, ch. 345, § 4; Laws, 2010, ch. 524, § 4, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment, in the first sentence, substituted “corporation” for “board of the Certified Cotton Growers Organization” and added “through suppression, pre-eradication, post-eradication, or containment/maintenance programs”; and made minor stylistic changes.

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

Am. Jur.

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

CJS.

3 C.J.S., Agriculture §§ 98 et seq.

§ 69-37-9. Entry upon premises to carry out provisions of chapter; monitoring, inspection, treatment with pesticides, and other activities; notice to owner; warrant.

The commissioner and the corporation or their authorized agent(s), after first notifying the owner, shall have authority to enter cotton fields, cotton processing facilities and other premises in order to carry out survey, suppression or eradication activities, including treatment with pesticides and monitoring of growing cotton or other host plants as may be necessary to carry out the provisions of this chapter. The commissioner and the corporation or their authorized agent(s) shall have authority to make inspection of any fields or premises in this state and any property located therein for the purpose of determining whether such property is infested with the boll weevil and for determining the extent of infestation. Such inspection and other activities may be conducted in a reasonable manner without a warrant at any reasonable time. Any judge of this state may, within his or her jurisdiction and upon proper cause shown, issue a warrant giving the commissioner the right of entry to any premises for the purpose of carrying out the provisions of this section or other activities authorized by this chapter.

HISTORY: Laws, 1993, ch. 345, § 5; Laws, 2010, ch. 524, § 5, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment, in the first and second sentences, inserted “and the corporation” and substituted “their authorized agent(s)” for “his authorized agent(s).”

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 38, 40, 42, 44.

8 Am. Jur. Pl & Pr Forms (Rev), Crops, Forms 1-3 (Petition or application by District Attorney for removal or destruction of infested crops as public nuisance; order to show cause why such should not be destroyed; order for same).

CJS.

3 C.J.S., Agriculture §§ 98 et seq.

§ 69-37-11. All persons growing cotton to furnish information to commissioner and corporation.

Every person growing cotton in this state shall furnish to the commissioner and the corporation on forms supplied by the commissioner such information as the commissioner may require concerning the size and location of all commercial cotton fields and of noncommercial plantings of cotton grown as an ornamental plant or for any other purposes.

HISTORY: Laws, 1993, ch. 345, § 6; Laws, 2010, ch. 524, § 6, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment inserted “and the corporation.”

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

§ 69-37-13. Bureau may certify Mississippi Boll Weevil Management Corporation for purpose of entering into agreements to effectuate purposes of chapter; eligibility for certification; corporation board of directors.

  1. The Mississippi Boll Weevil Management Corporation, upon certification by the bureau, may enter into agreements with the State of Mississippi, other states, the federal government and other parties as may be necessary to carry out the purposes of this chapter.
  2. In order to be eligible for certification by the bureau, the corporation must demonstrate to the satisfaction of the bureau that:
    1. It is a nonprofit organization and could qualify for tax-exempt status under Section 501(a) of the Internal Revenue Code of 1954 [26 USC 501(a)];
    2. Its purpose is for the representation of cotton growers associations that are open to all cotton growers in this state; and
    3. It has only one (1) class of voting members with each member entitled to only one (1) vote.
  3. The corporation’s board of directors shall be composed of members who shall be chosen according to bylaws established by the corporation. Two (2) members elected from each of the five (5) original cotton growers regions as those regions existed before July 1, 2010, shall serve as voting members.
  4. There shall be six (6) nonvoting advisory members as follows:
    1. The Commissioner of Agriculture and Commerce, who shall serve in a nonvoting advisory capacity only, or his or her designee;
    2. The Vice President of the College of Agriculture and Life Sciences at Mississippi State University, who shall serve in a nonvoting advisory capacity only, or his or her designee;
    3. The Vice President of the School of Agriculture, Research, Extension and Applied Sciences at Alcorn State University, who shall serve in a nonvoting advisory capacity only, or his or her designee;
    4. The President of the Mississippi Farm Bureau Federation, who shall serve in a nonvoting advisory capacity only, or his or her designee; and
    5. The Chairmen of the Senate and House Agriculture Committees, who shall serve in nonvoting advisory capacities only.
  5. All books and records of account and minutes of proceedings of the board shall be available for inspection or audit by the commissioner at any reasonable time.
  6. Employees or agents of the board who handle funds of the board shall be adequately bonded in an amount to be determined by the commissioner.

HISTORY: Laws, 1993, ch. 345, § 7; Laws, 2010, ch. 524, § 7, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment, in (1), substituted “The Mississippi Boll Weevil Management Corporation, upon certification by the bureau, may enter into agreements” for “The bureau may certify a cotton growers organization for the purpose of entering into agreements”; in the introductory paragraph in (2), substituted “corporation” for “cotton growers association”; in (2)(a), substituted “for tax-exempt status” for “as a tax-exempt organization”; rewrote (2)(b), which formerly read: “Membership in the organization is open to all cotton growers in this state”; made a stylistic change in (2)(c); in (3), twice substituted “corporation” for “organization,” or similar language, and added the last sentence; added present (4) and redesignated the remaining subsections accordingly; and in (5) and (6), substituted “board” for “organization”; and in (6), substituted the first occurrence of “board” for “grower’s organization.”

§ 69-37-15. Certification of Mississippi Boll Weevil Management Corporation as official administrative and regulatory body; effect; revocation; debts of corporation not a liability of bureau or department.

Upon determination by the bureau that the Mississippi Boll Weevil Management Corporation meets the requirements of Section 69-37-13, the bureau shall certify the corporation as the official administrative and regulatory body for all Mississippi cotton growers who are members of a cotton growers association as defined in Section 69-37-5. The certification shall be for the purposes of this chapter only and shall not affect other organizations or associations of cotton growers established for other purposes.

The bureau shall certify only one (1) corporation and may revoke the certification of the corporation if at any time the corporation fails to meet the requirements of this chapter. The debts of the corporation, if there are any, shall not become the liability of the bureau or the department.

HISTORY: Laws, 1993, ch. 345, § 8; Laws, 2010, ch. 524, § 8, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment, in the first paragraph, in the first sentence, substituted “Mississippi Boll Weevil Management Corporation” and “corporation” for “organization” and added the language beginning “administrative and regulatory body for all Mississippi cotton growers” through to the end, and made a stylistic change in the last sentence; and throughout the last paragraph, substituted “corporation” for “organization” and made stylistic changes.

§ 69-37-17. Referenda, at request of corporation, as to assessments on cotton growers; character and disposition of funds assessed; Mississippi Boll Weevil Management Corporation Trust Fund [Paragraph (8)(b) repealed effective July 1, 2020].

  1. At the request of the corporation, the bureau shall authorize a statewide referendum among all Mississippi cotton growers on the question of whether an assessment, not to exceed One Dollar ($1.00) per acre, shall be levied upon all cotton producers to offset, in whole or in part, the cost of maintaining the corporation, conducting referenda, and/or conducting a program to collect data and information on boll weevil populations and control costs. Any assessments levied for data-collecting programs as a result of the referendum shall be in addition to assessments being collected to support any other boll weevil management programs in the state.
  2. At the request of the corporation, the bureau shall authorize a statewide referendum among all Mississippi cotton growers on the question of whether an assessment, not to exceed Twelve Dollars ($12.00) per acre, shall be levied upon all cotton growers to offset, in whole or in part, the cost of managing boll weevil suppression, pre-eradication, eradication, or post-eradication programs authorized by this chapter or by any other law of this state. The programs shall be designed on a statewide basis.
  3. The assessment levied under this chapter shall be based upon the level of boll weevil infestation and the anticipated cost of conducting the proposed program, as determined by available scientific data, and the number of acres of cotton planted in the specified management zone. The maximum amount of the assessment, the period of time for which it shall be levied, how it shall be levied, and when it shall be paid shall be determined by the bureau and the board and established by regulations according to this section. The maximum amount of the assessment, the period of time for which it will be levied, and when the payment is due shall appear on all ballots for the referenda authorized by subsections (1) and (2) of this section.
  4. All cotton growers having membership in a local cotton growers association shall be entitled to vote in any referendum authorized by subsections (1) and (2) of this section, and the bureau, after consultation with the corporation, shall determine any questions of eligibility to vote. A cotton grower must be growing cotton within this state and be a member of a local cotton growers association in order to be eligible to vote in elections and referenda concerning boll weevil management practices.
  5. Each eligible cotton grower shall be mailed a ballot upon which to cast a vote for or against the boll weevil suppression, pre-eradication, eradication or post-eradication program.
  6. Passage of a referendum under subsection (1) or (2) of this section shall require that at least twenty percent (20%) of the registered cotton growers vote in the referendum and that a majority of those voting statewide approve the referendum.
    1. The assessments collected by the department under this chapter shall be promptly remitted to the State Treasury on behalf of the corporation in the special fund established in paragraph (b) of this subsection to be held in trust for the use and benefit of the corporation in administering the designated boll weevil management program through the suppression, pre-eradication, eradication or post-eradication of boll weevils.
    2. There is created within the State Treasury a special fund to be designated the “Mississippi Boll Weevil Management Corporation Trust Fund” into which shall be deposited all the revenues collected by the department for assessments levied under the provisions of this section. Monies in the fund shall be disbursed upon warrants issued by the State Fiscal Officer upon requisitions signed by the corporation’s board. Monies in the fund shall remain inviolate and any unexpended amounts remaining in the fund at the end of the fiscal year, and any interest earned thereon, shall be divested to the corporation.
    1. The corporation shall provide to the department an annual audit of its accounts performed by a certified public accountant.
      1. The corporation shall provide the annual audit no later than November 15 for the preceding calendar year.
      2. This paragraph (b) shall stand repealed on July 1, 2020.
  7. The assessments collected by the department under this chapter shall not be considered as “state” funds.
  8. Upon completion or termination of a program, any unused funds shall be transferred to and deposited in the Boll Weevil Management Fund created under Section 69-37-39, for the purpose of being used if there is a future occurrence of a boll weevil outbreak in the state.

HISTORY: Laws, 1993, ch. 345, § 9; Laws, 2010, ch. 524, § 9; Laws, 2012, ch. 453, § 1; Laws, 2016, ch. 400, § 1, eff from and after July 1, 2016.

Joint Legislative Committee Note —

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, “under this chapter” was substituted for “under this act” in (7)(a).

Amendment Notes —

The 2010 amendment rewrote the section.

The 2012 amendment extended the repealer for paragraph (8)(b) by substituting “July 1, 2016” for “July 1, 2012.”

The 2016 amendment extended the date of the repealer for paragraph (8)(b) by substituting “July 1, 2020” for “July 1, 2016” in (b)(ii).

OPINIONS OF THE ATTORNEY GENERAL

The amount of any one assessment cannot exceed $40 per acre as provided in Section 69-37-17 for suppression, pre-eradication or eradication programs. However, it is up to regulations established by the Commissioner of Agriculture to determine for what period of time the assessment shall be levied, how it shall be levied and when it shall be paid. Foster, January 25, 1996, A.G. Op. #96-0037.

Section 69-37-17 appears to contemplate that individual cotton growers shall only be liable for assessments, penalties and fees as provided in the statute. The Certified Cotton Growers Organization could be liable for its debts. All employees and agents of the Organization who handle funds must be adequately bonded. Foster, January 25, 1996, A.G. Op. #96-0037.

Under Section 69-37-17, the bureau may limit those eligible to vote to those who are actually growing cotton, i.e. farmers, and may limit the assessment to those eligible voters. Foster, January 25, 1996, A.G. Op. #96-0037.

Under Section 69-37-17, assessment is made on a per acre basis. The same assessment for each acre cannot be payable twice; for example, by both the farmer and the landlord who owns the land and has a lien on the growing cotton. Foster, January 25, 1996, A.G. Op. #96-0037.

Based on the Section 69-37-21 and 69-37-17(5), in order for the program to continue fifty percent of the voting cotton growers must vote and two-thirds of those voting must vote for continuing with the program. If less than fifty percent of the registered cotton growers in the affected area do not vote then the referendum would not pass and the program would not continue. Moody, February 16, 1996, A.G. Op. #96-0052.

Any language that goes beyond the question to be voted upon or beyond the information required to be included by Section 69-37-17 should not appear on the ballot. Foster, February 22, 1996, A.G. Op. #96-0112.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 9.

§ 69-37-19. Conduct of referenda; expenses.

The arrangements for and management of any referendum held under this chapter shall be under the direction of the Mississippi Boll Weevil Management Corporation. The corporation shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders.

HISTORY: Laws, 1993, ch. 345, § 10; Laws, 2010, ch. 524, § 10, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment substituted “Mississippi Boll Weevil Management Corporation” for “Certified Cotton Growers Organization” in the first sentence and “corporation” for “organization” in the last sentence.

OPINIONS OF THE ATTORNEY GENERAL

The Cotton Growers Organization may direct that both pro and con literature be attached to the ballots, but literature in favor of only one side of the issue may not be included. See Section 69-37-3. Foster, January 25, 1996, A.G. Op. #96-0037.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 9.

§ 69-37-21. Subsequent referenda; annual report; limitation on assessment of fees.

  1. If any referendum conducted under this chapter fails to receive the required number of affirmative votes, the bureau, at the request of the corporation, shall be authorized to call other referenda.
  2. After the passage of any referendum, the eligible voters may be allowed, by subsequent referenda to be held upon recommendation of the corporation, to vote on whether to continue with the program and/or to modify the assessment fee. However, before any referendum is held proposing any modifications of the assessment, the corporation must submit its recommendation to the commissioner for approval. Upon petition by twenty percent (20%) of all eligible voting cotton growers within the state, the corporation shall be required to conduct a subsequent referendum on the question called in the petition, provided that the corporation is required to hold no more than one (1) petitioned referendum during any given calendar year. All the requirements for an initial referendum must be met in any subsequent referenda. The results of the referendum, along with annual audits of all monies expended on programs affected by the referendum, shall be reported each year to the Lieutenant Governor, the Speaker of the House of Representatives and the Chairmen of the Senate Agriculture Committee and the House of Representatives Agriculture Committee.
  3. It is the intent of the Legislature that the cost of the containment/maintenance phase of the boll weevil eradication program be borne by the producers, and that any subsequent debt incurred by the program be funded by subsidies, loans and grants from the federal government and other sources.
  4. No assessment under any subsequent referendum for a containment/maintenance program may exceed Twelve Dollars ($12.00) an acre, and it shall be incumbent upon the Mississippi Boll Weevil Management Corporation to levy only that amount necessary to ensure the financial stability of the eradication program.

HISTORY: Laws, 1993, ch. 345, § 11; Laws, 2001, ch. 487, § 1; Laws, 2010, ch. 524, § 11, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment, in (1), substituted “at the request of the corporation, shall be authorized” for “with the consent of the Certified Cotton Growers Organization, may be authorized” and made a stylistic change; and in (2), in the first sentence, substituted “may be allowed” for “shall be allowed” and “corporation” for “certified growers committee,” and deleted “at least every ten (10) years or” following “to be held,” added the second sentence, in the third sentence, substituted “all eligible voting cotton growers within the state” for “the voting cotton growers within a designated region,” twice substituted “corporation” for “Certified Cotton Growers Organization” and deleted “for each designated management region” following the second occurrence of “referendum”; and in the fourth sentence, substituted “The results of the referendum” for “The results of each referendum”; and in (4), inserted “Mississippi.”

OPINIONS OF THE ATTORNEY GENERAL

Based on Section 69-37-21(2), in a subsequent referendum, two thirds of the voters must vote in favor of continuing the program in order for it to continue. Foster, January 25, 1996, A.G. Op. #96-0037.

Based on Sections 69-37-21 and 69-37-17(5), in order for the program to continue fifty percent of the voting cotton growers must vote and two-thirds of those voting must vote for continuing with the program. If less than fifty percent of the registered cotton growers in the affected area do not vote then the referendum would not pass and the program would not continue. Moody, February 16, 1996, A.G. Op. #96-0052.

A claim by some farmers against others based on detrimental reliance would not appear plausible since Section 69-37-21 specifically contemplates a subsequent referendum on whether to continue with the program. Spell, February 23, 1996, A.G. Op. #96-0082.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 9.

§ 69-37-23. Liens to secure payment of assessments and penalties; destruction of untreatable commercial cotton as nuisance; compensation.

  1. For statewide management when assessments are established by passage of a referendum, the commissioner shall have a lien for payment of the assessments, together with any penalties levied under this chapter, against all cotton grown by each cotton grower who grows cotton within the state. This lien shall be of equal dignity with liens for taxes in favor of the state and the commissioner is authorized to issue executions for the collection of the assessments and liens described in this section in like manner as executions are issued for ad valorem property taxes due the state.
  2. In addition, the commissioner shall have a special lien on cotton for payment of assessments, together with any penalties levied under this chapter, which shall be superior to any other lien provided by law, shall arise as of the time the assessments become due and payable, and shall cover all cotton grown by the cotton grower from the date the lien arises until the assessments are paid. However, any buyer of cotton shall take free of the lien if the buyer has not received written notice of the lien from the commissioner, or if he has paid for the cotton by a check in which the department is named as joint payee.
  3. A cotton grower who fails to pay when due and upon reasonable notice any assessment levied under this chapter shall be subject to a per acre penalty as established in the bureau’s regulations, in addition to the assessment.
  4. Commercial cotton that is located in sites that cannot be treated adequately because of health, environmental or other concerns shall be deemed to be a public nuisance and shall be destroyed promptly. The commissioner, with the consent of the corporation and the approval of the Attorney General, may apply to the circuit court of the judicial circuit in which the public nuisance is located to have the nuisance condemned and destroyed. This injunctive relief shall be available to the commissioner notwithstanding the existence of any other legal remedy and the commissioner shall not be required to file a bond.

    In those cases where commercial cotton is destroyed because of prevented treatment due to health or environmental concerns, the owner of the cotton shall be compensated for that portion of the crop that is destroyed. The per acre amount of the payments shall be based on a reasonable estimate of the value of the crop as determined by the commissioner in consultation with the corporation and the affected producer. Payments for those losses shall be funded by assessment fees paid by cotton growers and administered by the corporation.

HISTORY: Laws, 1993, ch. 345, § 12; Laws, 2010, ch. 524, § 12, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment, in (1), in the first sentence, substituted “For statewide management when assessments are established” for “In management areas where assessments are established” and “state” for “area,” and in the last sentence, substituted “the assessments and liens described in this section” for “such assessments”; in (4), substituted “corporation” for “Certified Cotton Growers Organization”; in (5), twice substituted “corporation” for “Certified Cotton Growers Organization” and deleted “within the designated region” following “fees paid by cotton growers”; and made numerous stylistic changes.

OPINIONS OF THE ATTORNEY GENERAL

Section 75-9-310(a) pertaining to the filing of financing statements does not apply to the state’s lien on farmers’ cotton for boll weevil assessments. Tagert, Mar. 28, 2003, A.G. Op. #03-0132.

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 9, 13, 38 et seq.

8 Am. Jur. Pl & Pr Forms (Rev), Crops, Forms 1-3 (Petition or application by District Attorney for removal or destruction of infested crops as public nuisance; order to show cause why such should not be destroyed; order for same); 58 (Complaint, declaration or petition – damages for destruction of crop – negligence in spraying cotton).

CJS.

3 C.J.S., Agriculture §§ 98 et seq.

§ 69-37-25. Quarantine, and control of movement of articles from infested areas in other states, by regulation of Bureau of Plant Industry.

The Bureau of Plant Industry is authorized to promulgate regulations quarantining this state, or any portion thereof, and governing the storage, treatment, or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas. The bureau shall determine when such action is necessary, or appears reasonably necessary, to prevent or retard the spread of the boll weevil. The bureau is also authorized to promulgate regulations governing the movement of regulated articles from other states or portions thereof into this state when such state is known to be infested with the boll weevil. The promulgation of these regulations shall conform in all aspects to the Mississippi Administrative Procedures Law, Sections 25-43-1 et seq., Mississippi Code of 1972, and sound principles of quarantines.

HISTORY: Laws, 1993, ch. 345, § 13, eff from and after July 1, 1993.

Cross References —

Bureau of Plant Industry, see §69-25-1.

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

Am. Jur.

3 Am. Jur. 2d, Agriculture § 41.

8 Am. Jur. Pl & Pr Forms (Rev), Crops, Forms 1-3 (Petition or application by District Attorney for removal or destruction of infested crops as public nuisance; order to show cause why such should not be destroyed; order for same).

CJS.

3 C.J.S., Agriculture § 98.

§ 69-37-27. Suppression, pre-eradication, eradication and no-growth zones; growers to share costs; notice, referenda, penalties, and appeal of penalties.

The bureau, with the concurrence of the corporation, is authorized to designate by regulation one or more areas of this state as “suppression zones,” “pre-eradication zones” or “eradication zones” where the specified boll weevil management programs will be undertaken. The bureau, with the concurrence of the corporation, is authorized to promulgate reasonable regulations regarding areas where cotton cannot be planted within a specified management zone when there is reason to believe that growing cotton in those areas will jeopardize the success of the program or present a hazard to public health or safety. The bureau, with the concurrence of the corporation, is authorized to issue regulations prohibiting the planting of noncommercial cotton in the management zones and requiring that all growers of commercial cotton in these zones participate in the specified boll weevil management program and share equitably in the cost. The costs shall be determined by available scientific data on the basis of the level of boll weevil infestation and the anticipated costs of the program in the various regions and shall be approved via referendum by cotton growers within the affected area under procedures set forth in this chapter. Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area. The bureau, with the concurrence of the corporation, is authorized to set by regulation a reasonable schedule of penalty fees to be assessed when growers in designated “management zones” do not meet the requirements of regulations issued by the bureau with respect to reporting of acreage and participation in cost-sharing as prescribed by regulation. The penalty fees shall not exceed a charge of One Hundred Dollars ($100.00) per acre. The cotton grower charged with those penalties has the right to appeal this decision to the corporation.

HISTORY: Laws, 1993, ch. 345, § 14; Laws, 2010, ch. 524, § 13, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment thrice inserted “with the concurrence of the corporation”; in the first sentence, deleted “provided, however, that cotton growers within each designated zone approve such programs by referendum in their respective regions under procedures set forth herein” from the end; in the second sentence, substituted “corporation” for “Certified Cotton Growers Organization”; in the fourth sentence, substituted “determined by available scientific data” for “determined by the Technical Advisory Committee of the Certified Cotton Growers Organization” and “in this chapter” for “herein”; in the last sentence, substituted “corporation” for “state Certified Cotton Growers Organization”; and made numerous stylistic changes.

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 9, 13, 38 et seq.

8 Am. Jur. Pl & Pr Forms (Rev), Crops, Forms 1-3 (Petition or application by District Attorney for removal or destruction of infested crops as public nuisance; order to show cause why such should not be destroyed; order for same).

CJS.

3 C.J.S., Agriculture §§ 98 et seq.

§ 69-37-29. Destruction or treatment of cotton in eradication zones; compensation.

The commissioner, with the concurrence of the corporation, is authorized to destroy, or cause to be treated with pesticides, volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in eradication zones when the commissioner deems the action necessary to effectuate the purposes of this chapter. No payment shall be made by the commissioner to the owner or lessee for the destruction or injury of any cotton that was planted in an eradication zone after publication of notice as provided in this chapter, or was otherwise handled in violation of this chapter or the regulations adopted under this chapter. However, the commissioner shall pay for losses resulting from the destruction of cotton that was planted in those zones before promulgation of the notice. Payments for those losses shall be funded by assessment fees paid by cotton growers and administered by the corporation.

HISTORY: Laws, 1993, ch. 345, § 15; Laws, 2010, ch. 524, § 14, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment, in the first sentence, substituted “The commissioner, with the concurrence of the corporation, is authorized to destroy” for “The commissioner shall have authority to destroy”; in the last sentence, deleted “within the designated region” following “fees paid by cotton growers” and substituted “corporation” for “Certified Cotton Growers Organization”; and made numerous stylistic changes.

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 59, 60.

8 Am. Jur. Pl & Pr Forms (Rev), Crops, Forms 1-3 (Petition or application by District Attorney for removal or destruction of infested crops as public nuisance; order to show cause why such should not be destroyed; order for same); 58 (Complaint, declaration or petition – damages for destruction of crop – negligence in spraying cotton).

CJS.

3 C.J.S., Agriculture § 98.

§ 69-37-31. Regulations pertaining to livestock pasturage, human entry, honeybee colonies, and other activities affecting boll weevil control programs.

  1. The bureau, with the concurrence of the corporation, is authorized to promulgate reasonable regulations restricting the pasturage of livestock, entry by persons, location of honeybee colonies or other activities affecting the boll weevil eradication program in affected areas, for limited periods of time, which have been or will be treated with pesticides or otherwise treated to cause the eradication of the boll weevil, or in any other areas that may be affected by those treatments.
  2. The bureau shall also have authority to adopt any other rules and regulations as it deems necessary to further effectuate the purposes of this chapter, provided that those other rules and regulations are approved by the corporation.

HISTORY: Laws, 1993, ch. 345, § 16; Laws, 2010, ch. 524, § 15, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment, in (1), inserted “with the concurrence of the corporation”; and in (2), substituted “corporation” for “Board of Directors of the Certified Cotton Growers Organization” and deleted the last sentence, which read: “In no event, however, shall the rules and regulations promulgated by the bureau and the board of the Certified Cotton Growers Organization apply to any region which, through referenda provided for herein, has not approved participation in any eradication, pre-eradication, suppression, or information-gathering program”; and made stylistic changes.

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

Am. Jur.

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

CJS.

3 C.J.S., Agriculture §§ 98, 102, 103.

§ 69-37-33. Penalties for violations.

  1. Any person who shall violate any of the provisions of this chapter or the regulations promulgated hereunder, or who shall alter, forge or counterfeit or use without authority any certificate or permit or other document provided for in this chapter or in the regulations promulgated hereunder shall be guilty of a misdemeanor.
  2. Any person who, except in compliance with the regulations of the bureau, shall move any regulated article into this state from any other state, which the bureau found in such regulations is infested by the boll weevil, shall be guilty of a misdemeanor.

HISTORY: Laws, 1993, ch. 345, § 17, eff from and after July 1, 1993.

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

Am. Jur.

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

CJS.

3 C.J.S., Agriculture § 101.

§ 69-37-35. Exemptions from assessment penalties for financial hardship; payment plan.

The commissioner, with the consent of the corporation, is authorized to exempt from the assessment penalty requirements set forth in this chapter those cotton growers for whom paying the assessment penalties would impose an undue financial hardship, and the commissioner is authorized to establish, upon the recommendation of the corporation, a payment plan in those hardship cases. This exemption shall be implemented as follows:

The commissioner, with the consent of the corporation, shall adopt rules and regulations defining the criteria to be used in determining financial hardship. However, no exemption shall be granted to any cotton grower who, after the amount of assessments and penalties otherwise due has been subtracted from his taxable net income, has a net income exceeding Fifteen Thousand Dollars ($15,000.00) for the year in which he seeks an exemption;

Any cotton grower who claims an exemption shall apply on a form prescribed by the commissioner. A separate application shall be filed for each calendar year in which a cotton grower claims an exemption. Each application shall contain an explanation of the conditions to be met for approval. An oath shall be included on the form that upon completion shall be returned to the commissioner;

The commissioner shall forward all completed exemption application forms to the corporation. The corporation shall determine from the information contained in the application forms whether or not the applicants qualify for a hardship exemption (exemption from penalty) and may recommend a payment plan to the commissioner; and

The corporation shall notify the commissioner of its determination, which shall be binding upon the applicants. Upon receipt of the determination of the corporation, the commissioner shall promptly notify each affected cotton grower of that determination. If an exemption has been denied, assessments and penalties for the year in which the application was made shall become due at the time they would otherwise have become due had no application for exemption been filed or within thirty (30) days after the date of the commissioner’s notice of an adverse determination, whichever is later.

HISTORY: Laws, 1993, ch. 345, § 18; Laws, 2010, ch. 524, § 16, eff from and after July 1, 2010.

Joint Legislative Committee Note —

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, an error in a statutory reference in the introductory paragraph was corrected by substituting “this chapter” for “this article.”

Amendment Notes —

The 2010 amendment substituted “corporation” for “Certified Cotton Growers Organization” throughout the section; in the last sentence in (c), substituted “corporation” for “growers organization”; and made stylistic changes.

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

Am. Jur.

3 Am. Jur. 2d, Agriculture §§ 9, 38 et seq.

CJS.

3 C.J.S., Agriculture § 101.

§ 69-37-37. Extension of chapter to other cotton pests upon recommendation of the corporation.

This chapter shall be extended to include all other cotton pest species upon recommendation of the corporation.

HISTORY: Laws, 1993, ch. 345, § 19; Laws, 1997, ch. 308, § 1; Laws, 2010, ch. 524, § 17, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment substituted “corporation” for “Certified Cotton Growers Organization.”

RESEARCH REFERENCES

ALR.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

Am. Jur.

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

CJS.

3 C.J.S., Agriculture § 98.

§ 69-37-39. Boll Weevil Management Fund; deposits; disbursements.

There is created within the State Treasury a special fund to be designated the “Boll Weevil Management Fund” into which shall be deposited all the revenues required to be deposited into the fund under Section 27-65-75(14). Money deposited into the fund shall not lapse at the end of any fiscal year and investment earning on the proceeds in the special fund shall be deposited into the fund. Money from the fund shall be disbursed therefrom upon warrants issued by the State Fiscal Officer upon requisitions signed by the Commissioner of Agriculture and Commerce to assist the Mississippi Boll Weevil Management Corporation in carrying out its duties under the Mississippi Boll Weevil Management Act (Section 69-37-1 et seq.). The commissioner shall disburse all of the money the department receives from the fund to the Mississippi Boll Weevil Management Corporation, as defined in Section 69-37-5, for the exclusive purpose of reducing the per acre grower assessments.

HISTORY: Laws, 1998, ch. 584, § 1; Laws, 2010, ch. 524, § 18, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment substituted “Mississippi Boll Weevil Management Corporation” for “Department of Agriculture and Commerce” in the next-to-last sentence, and rewrote the last sentence, which formerly read: “The Commissioner of Agriculture and Commerce may disburse all or any portion of the money the Department of Agriculture and Commerce receives from the fund to the Certified Cotton Growers Organization, as defined in Section 69-37-5, Mississippi Code of 1972, to assist such organization in carrying out its duties under the Mississippi Boll Weevil Management Act”; and made numerous stylistic changes.

Cross References —

Avails of sales tax derived from sales by cotton compresses or cotton warehouses that would otherwise be deposited into the General Fund to be deposited into the Boll Weevil Management Fund until such time that the total amount deposited into the fund during a fiscal year equals $1,000,000.00, see §27-65-75.

§ 69-37-41. Mississippi Boll Weevil Management Corporation to be certified as administering authority to plan and implement boll weevil management programs.

From and after July 1, 2010, the Mississippi Boll Weevil Management Corporation shall be certified by the Bureau of Plant Industry as the administering authority to plan and implement boll weevil management programs in this state, and all records, duties, responsibilities, assets, contractual rights and obligations relating to the administration, planning and implementation of boll weevil management programs in this state shall be under the jurisdiction of the corporation upon certification by the bureau.If for any reason the corporation fails to meet the criteria established in Sections 69-37-1 through 69-37-39, the bureau may certify an alternate cotton grower’s association to serve as administrative authority of boll weevil management programs.

HISTORY: Laws, 2010, ch. 524, § 1, eff from and after July 1, 2010.

Chapter 39. Agricultural Liming Materials

§ 69-39-1. Short title; administration of chapter.

This chapter shall be known and may be cited as “The Mississippi Agricultural Liming Materials Act of 1993.” This chapter shall be administered by the Commissioner of Agriculture and Commerce of the State of Mississippi herein referred to as the “commissioner.”

HISTORY: Laws, 1993, ch. 581, § 1, eff from and after July 1, 1993; reenacted without change, Laws, 2009, ch. 330, § 1, eff from and after July 1, 2009.

Editor’s Notes —

Former §69-39-21, which provided for the repeal of this section, was repealed by Laws of 2009, ch. 330, § 11, effective July 1, 2009.

Amendment Notes —

The 2009 amendment reenacted this section without change.

§ 69-39-3. Definitions.

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

“Agricultural liming materials” means products containing calcium and magnesium compounds that are capable of neutralizing soil acidity.

“Limestone” means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.

“Calcitic limestone” means a calcareous rock composed wholly or largely of calcium carbonate.

“Dolomitic limestone” means a calcareous rock composed of calcium and magnesium carbonates with a minimum elemental magnesium (Mg) content of six percent (6%).

“Burnt lime” means a material made from limestone that consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide.

“Hydrated lime” means a material, made from burnt lime, that consists of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide and/or magnesium hydroxide.

“Marl” or “chalk” means a granular or loosely consolidated earthy material composed largely of sea shell fragments and calcium carbonate.

“Ground shells” means a product obtained by the grinding of shells of mollusks and that shall carry the name of mollusk origin.

“Industrial by-product” means any industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity.

“Brand” means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale.

“Fineness” means the percentage by weight of the material that will pass United States Standard sieves of specified sizes. The commissioner shall promulgate regulations relating to fineness.

“Ton” means 2,000 pounds avoirdupois.

“Percent” or “percentage” means by weight.

“Bulk” means in nonpackaged form.

“Label” or “labeling” means all written, printed or graphic matter upon or accompanying any agricultural liming material or advertisements, brochures, posters, television and radio announcements used in promoting the sale of such agricultural liming material.

“Commissioner” means the Commissioner of Agriculture and Commerce of the State of Mississippi, or his agents and employees.

“Person” means any individual, partnership, corporation, association or other legal entity or organization.

“Calcium carbonate equivalent” means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate.

“Weight” means the weight of undried material as offered for sale.

HISTORY: Laws, 1993, ch. 581, § 2, eff from and after July 1, 1993; reenacted without change, Laws, 2009, ch. 330, § 2, eff from and after July 1, 2009.

Editor’s Notes —

Former §69-39-21, which provided for the repeal of this section, was repealed by Laws of 2009, ch. 330, § 11, effective July 1, 2009.

Amendment Notes —

The 2009 amendment reenacted this section without change.

§ 69-39-5. Labeling requirements; posting at bulk delivery sites.

  1. All agricultural liming materials sold, offered or exposed for sale to any person in this state shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement or in the case of bulk sales, a final invoice or bill of sale, setting forth at least the following information:
    1. The name and principal office address of the manufacturer or distributor;
    2. The brand or trade name of the material;
    3. The identification of the product as to the type of the agricultural liming material;
    4. The net weight of the agricultural liming material;
    5. The minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate;
    6. The minimum guaranteed content of elemental magnesium (Mg) if claimed;
    7. The minimum guaranteed content of available potassium (K20) and/or phosphorous (P205) if claimed;
    8. Calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists. Minimum calcium carbonate equivalents shall be as prescribed by regulation;
    9. The minimum percent by weight passing through United States Standard sieves as prescribed by regulations.
  2. In the case where agricultural liming materials are sold by a distributor or retailer, the manufacturer (mining company) of such material shall be responsible for furnishing the distributor or retailer with the information or statement required in this section in order for such distributor or retailer to forward the information or statement to the customer.
  3. No information or statement shall appear on any package label, delivery slip or advertising matter that is false or misleading to the purchaser as to the quality, analysis type or composition of the agricultural liming material.
  4. In the case of any material that has been adulterated subsequent to packaging, labeling or loading thereof and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration therein.
  5. At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.
  6. When the commissioner determines that the requirement for expressing the calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among the states, he may require by regulation thereafter that the minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate shall be expressed in the following form:

    Total Calcium (Ca). . . . ._______________percent

    Total Magnesium (Mg). . . . ._______________percent

    Provided, however, that the effective date of said regulation shall be not less than six (6) months following the issuance thereof.

HISTORY: Laws, 1993, ch. 581, § 3; reenacted without change, Laws, 2009, ch. 330, § 3, eff from and after July 1, 2009.

Editor’s Notes —

Former §69-39-21, which provided for the repeal of this section, was repealed by Laws of 2009, ch. 330, § 11, effective July 1, 2009.

Amendment Notes —

The 2009 amendment reenacted this section without change.

§ 69-39-7. Sale of liming materials not in compliance with chapter, or toxic to plants or animals, prohibited.

  1. No agricultural liming material shall be sold or offered for sale in this state unless it complies with provisions of this chapter and regulations pertaining thereto.
  2. No agricultural liming material shall be sold or offered for sale in this state that contains toxic materials in quantities injurious to plants or animals.

HISTORY: Laws, 1993, ch. 581, § 4, eff from and after July 1, 1993; reenacted without change, Laws, 2009, ch. 330, § 4, eff from and after July 1, 2009.

Editor’s Notes —

Former §69-39-21, which provided for the repeal of this section, was repealed by Laws of 2009, ch. 330, § 11, effective July 1, 2009.

Amendment Notes —

The 2009 amendment reenacted this section without change.

§ 69-39-9. Sale and distribution permit required; applications.

Every manufacturer or distributor who sells, offers for sale, exposes for sale, distributes or solicits orders for sale of any agricultural liming material to a distributor, retailer or farmer in the State of Mississippi, before selling or offering such agricultural liming material for sale or distributing or soliciting orders for sale shall secure a permit from the commissioner to engage in such business. Permit applications for each office or place of business in the State of Mississippi of such manufacturer or distributor shall be submitted upon forms prescribed by the commissioner. Such permit applications shall contain the name and address of the manufacturer or distributor and such other information as may be required by the commissioner for the effective enforcement of the provisions of this chapter and rules and regulations which may be adopted under Section 69-39-13.

HISTORY: Laws, 1993, ch. 581, § 5; reenacted without change, Laws, 2009, ch. 330, § 5, eff from and after July 1, 2009.

Editor’s Notes —

Former §69-39-21, which provided for the repeal of this section, was repealed by Laws of 2009, ch. 330, § 11, effective July 1, 2009.

Amendment Notes —

The 2009 amendment reenacted this section without change.

§ 69-39-11. Annual registration of liming products.

  1. Each separately identified product shall be registered once each year before being distributed in this state. The application for registration shall be submitted to the commissioner on forms furnished or approved by him. Upon approval by the commissioner, a copy of the registration shall be furnished to the applicant.
  2. A distributor shall not be required to register any brand of agricultural liming material that is already registered under this chapter by another person, providing the label does not differ in any respect.

HISTORY: Laws, 1993, ch. 581, § 6; reenacted without change, Laws, 2009, ch. 330, § 6, eff from and after July 1, 2009.

Editor’s Notes —

Former §69-39-21, which provided for the repeal of this section, was repealed by Laws of 2009, ch. 330, § 11, effective July 1, 2009.

Amendment Notes —

The 2009 amendment reenacted this section without change.

§ 69-39-13. Inspection and testing of liming materials; samples; procedures; distribution of results.

  1. It shall be the duty of the commissioner who may act through his authorized agent, to sample, inspect and submit to the State Chemist for analysis or test agricultural liming materials distributed within this state as he may deem necessary to determine whether such agricultural liming materials are in compliance with the provisions of this chapter. The commissioner, individually or through his agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming material subject to the provisions of this chapter and regulations adopted pursuant thereto and to the records relating to the distribution of such materials.
  2. All samples of agricultural liming material drawn by the commissioner or his designated agent as official samples shall be forwarded to the State Chemist for analysis or test. The State Chemist shall perform all necessary analyses and tests and furnish the commissioner with an official laboratory report of his findings or determinations at no cost to the commissioner for such analyses, tests or reports.
  3. The methods of analysis and sampling shall be those approved by the commissioner and the State Chemist, and shall be guided by the Association of Official Analytical Chemists (AOAC) procedures.
  4. The results of official analyses of agricultural liming materials and portions of official samples shall be distributed by the State Chemist as provided by regulations adopted pursuant to this chapter at least annually.

HISTORY: Laws, 1993, ch. 581, § 7; reenacted without change, Laws, 2009, ch. 330, § 7, eff from and after July 1, 2009.

Editor’s Notes —

Former §69-39-21, which provided for the repeal of this section, was repealed by Laws of 2009, ch. 330, § 11, effective July 1, 2009.

Amendment Notes —

The 2009 amendment reenacted this section without change.

§ 69-39-15. Issuance of stop sale or use order for products sold in violation of chapter; release from order.

The commissioner may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lot of agricultural liming material and to hold at a designated place when the commissioner finds such agricultural liming material is being offered or exposed for sale in violation of any of the provisions of this chapter or regulations adopted pursuant thereto until the law has been complied with and the agricultural liming material is released in writing by the commissioner or the violation has been otherwise legally disposed of by written authority. The commissioner shall release the agricultural liming material so withdrawn when the requirements of the provisions of this chapter or regulations adopted pursuant thereto have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

HISTORY: Laws, 1993, ch. 581, § 8; reenacted without change, Laws, 2009, ch. 330, § 8, eff from and after July 1, 2009.

Editor’s Notes —

Former §69-39-21, which provided for the repeal of this section, was repealed by Laws of 2009, ch. 330, § 11, effective July 1, 2009.

Amendment Notes —

The 2009 amendment reenacted this section without change.

§ 69-39-17. Penalties for violations of chapter; warnings.

  1. If upon official laboratory analysis, any agricultural liming material sold in this state is found to be below the labeled guarantee for calcium carbonate equivalent, neutralizing value, magnesium, available phosphorous, available potassium or above the labeled guarantee for moisture content or screening standards (fineness) as provided under terms of this chapter or regulations adopted hereunder, the commissioner shall impose a civil penalty as provided by regulation for the effective administration and enforcement of this chapter. Such civil penalty shall be assessed to the manufacturer/packer for packaged material and to the final seller holding a permit issued under terms of this chapter for material sold in bulk.
  2. When the commissioner determines that a person has violated terms of this chapter, other than subsection (1) of this section, depending upon the gravity of the offense, he shall assess a civil penalty in an amount not less than Two Hundred Dollars ($200.00) and not more than One Thousand Dollars ($1,000.00).
  3. All civil penalties assessed as provided herein shall be paid to the commissioner within thirty (30) days from the date of assessment. Penalties which are not paid in full within the prescribed thirty (30) days shall be considered delinquent and an additional penalty of ten percent (10%) of the balance due shall be added to the assessed penalty for each month such penalty continues to be delinquent.
  4. The commissioner is authorized to 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 chapter or any rule or regulation promulgated hereunder notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
  5. Any person required by this chapter to obtain a permit from the commissioner before engaging in business, who shall engage in such business without having first obtained such license or shall engage in such business after such license shall have expired or shall have been revoked by the commissioner, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Three Hundred Dollars ($300.00) and not more than Five Hundred Dollars ($500.00). Each day in violation shall constitute a separate offense.
  6. Nothing in this chapter shall be construed as requiring the commissioner or his representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this chapter when he believes that the public interests are best served by a suitable notice or warning in writing.

HISTORY: Laws, 1993, ch. 581, § 9, eff from and after July 1, 1993; reenacted without change, Laws, 2009, ch. 330, § 9, eff from and after July 1, 2009.

Editor’s Notes —

Former §69-39-21, which provided for the repeal of this section, was repealed by Laws of 2009, ch. 330, § 11, effective July 1, 2009.

Amendment Notes —

The 2009 amendment reenacted this section without change.

§ 69-39-19. Promulgation of rules and regulations.

The commissioner may, with the approval of the Attorney General as provided in Section 69-1-25, promulgate such rules and regulations in accordance with the Mississippi Administrative Procedures Law as may be necessary for the effective enforcement of this chapter. The regulations shall have the full force and effect of law.

HISTORY: Laws, 1993, ch. 581, § 10; Laws, 2005, ch. 397, § 1; Laws, 2005, ch. 451, § 1; reenacted without change, Laws, 2009, ch. 330, § 10, eff from and after July 1, 2009.

Joint Legislative Committee Note —

Section 1 of ch. 397 Laws, 2005, effective from and after July 1, 2005 (approved March 16, 2005), amended this section. Section 1 of ch. 451, Laws, 2005, effective from and after July 1, 2005 (approved March 29, 2005), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 451, Laws, 2005, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Editor’s Notes —

Former §69-39-21, which provided for the repeal of this section, was repealed by Laws of 2009, ch. 330, § 11, effective July 1, 2009.

Amendment Notes —

The first 2005 amendment, (ch. 397) inserted “in accordance with Sections 25-43-1 through 25-43-19 known as the ‘Mississippi Administrative Procedures Law’ ” in the first sentence.

The second 2005 amendment, (ch. 451) inserted “in accordance with the Mississippi Administrative Procedures Law” in the first sentence; deleted “adopted as provided herein” following “The regulations” in the second sentence; and made minor stylistic changes.

The 2009 amendment reenacted this section without change.

§ 69-39-21. Repealed.

Repealed by Laws of 2009, ch. 330, § 11, effective July 1, 2009.

§69-39-21. [Laws, 2005, ch. 397, § 2, Laws, 2005, ch. 451, § 2, eff from and after July 1, 2005.]

Editor’s Notes —

Former §69-39-21 provided for the repeal of §§69-39-1 through69-39-19.

Chapter 41. Mississippi Agribusiness Council Act of 1993

§ 69-41-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Agribusiness Council Act of 1993.”

HISTORY: Laws, 1993, ch. 619, § 1; reenacted without change, Laws, 1998, ch. 536, § 1, eff from and after passage (approved April 9, 1998).

§ 69-41-3. Mississippi Agribusiness Council created; purpose.

There is created a special joint committee of the Legislature to be known as the Mississippi Agribusiness Council, hereinafter referred to as “the council,” for the purposes of stimulating the development of new markets for Mississippi agricultural products and industry.

HISTORY: Laws, 1993, ch. 619, § 2; reenacted without change, Laws, 1998, ch. 536, § 2, eff from and after passage (approved April 9, 1998).

§ 69-41-5. Composition of council; co-participation with other persons and organizations; authorization of contracts and agreements; per diem, mileage and other expenses.

  1. The council shall be composed of the following members:
    1. The Chairman and Vice-Chairman of the Senate Agriculture Committee and five (5) additional members of the Senate, no more than two (2) members from one (1) congressional district. Upon recommendation by the Chairman of the Senate Agriculture Committee, the Lieutenant Governor shall appoint such five (5) additional members.
    2. The Chairman and Vice-Chairman of the House of Representatives Agriculture Committee and five (5) additional members of the House, no more than two (2) members from one (1) congressional district. Upon recommendation by the Chairman of the House of Representatives Agriculture Committee, the Speaker shall appoint such five (5) additional members.
  2. The Chairman of the Senate Agriculture Committee and the Chairman of the House of Representatives Agriculture Committee shall serve as Co-Chairmen of the council.
  3. In conducting the studies and formulating the recommendations required of it, the council may elicit the support of and participation by any commercial, industrial, governmental, agricultural, minority and public interest organizations or associations, or individual members thereof, and any federal, state and local agencies and political subdivisions as may be necessary, or appropriate in the furtherance of the activities of the council.
  4. In addition, the council shall be authorized to contract or enter into agreements with other agencies or private research centers that it may deem necessary to carry out its duties and functions.
  5. For attending meetings of the council, each legislative member shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session. However, no per diem and expenses shall be paid for attending meetings of the council while the Legislature is in session, and no per diem and expenses shall be paid without prior approval of the proper committee in the member’s respective house. However, per diem and travel expenses incurred by members of the council which are not incurred for the purpose of attending regular council meetings may be paid out of funds appropriated to the Mississippi Agribusiness Council in the amount provided by Sections 5-1-45 and 25-3-41, Mississippi Code of 1972.

HISTORY: Laws, 1993, ch. 619, § 3; Laws, 1997, ch. 589, § 1; reenacted and amended, Laws, 1998, ch. 536, § 3, eff from and after passage (approved April 9, 1998).

§ 69-41-7. Executive director; qualifications; compensation; duties; staff.

The council may appoint a nonstate service executive director, herein called director, who shall be competent and qualified in the area of marketing and agriculture and who may receive as compensation for services an annual salary as set by the council, but not to exceed the annual salary of the Commissioner of Agriculture and Commerce. 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, or a staff member as designated by the council, shall be directly responsible to the council for tasks assigned in the administration and implementation of programs developed by the council. The council may also employ such nonstate staff as necessary to perform the objectives of the council, whose salary shall be set by the council but not to exceed an amount recommended by the State Personnel Board.

HISTORY: Laws, 1993, ch. 619, § 4; Laws, 1997, ch. 589, § 2; reenacted and amended, Laws, 1998, ch. 536, § 4, eff from and after passage (approved April 9, 1998).

§ 69-41-9. Duties and responsibilities of 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 identify joint ventures and licensing services;
  3. 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;
  4. To recommend legislation to assist 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;
  5. To establish a Mississippi Register of Mississippi Agricultural Producers for public policymaking purposes, and set criteria for listing therein;
  6. To recommend purchasing agreements between state institutions and Mississippi agricultural producers which shall not include suggested prices;
  7. To recommend the enactment of legislation organizing the state into marketing districts for the most effective and efficient use of marketing resources;
  8. To provide any other assistance and services necessary to accomplish the purposes of this chapter.

HISTORY: Laws, 1993, ch. 619, § 5; reenacted and amended, Laws, 1998, ch. 536, § 5, eff from and after passage (approved April 9, 1998).

Cross References —

Emerging Crop Fund, see §§69-2-13 et seq.

§ 69-41-11. Council authorized to establish rules.

The council is authorized and empowered to promulgate rules required to carry out the provisions of this chapter.

HISTORY: Laws, 1993, ch. 619, § 6; reenacted and amended, Laws, 1998, ch. 536, § 6, eff from and after passage (approved April 9, 1998).

§ 69-41-13. Authorization to accept and expend monies and in-kind contributions; Agribusiness Council Contribution Fund.

The Mississippi Agribusiness Council is authorized and empowered to accept and expend monetary or in-kind contributions, gifts and grants to carry out the provisions of this chapter. Such contributions, gifts and grants shall be deposited into a special fund, hereby established in the State Treasury, to be known as the “Agribusiness Council Contribution Fund.”

HISTORY: Laws, 1993, ch. 619, § 7; reenacted without change, Laws, 1998, ch. 536, § 7, eff from and after passage (approved April 9, 1998).

§§ 69-41-15 and 69-41-17. Repealed.

Repealed by Laws of 1998, ch. 536, § 11, eff from and after passage (approved April 9, 1998).

§69-41-15. [Laws, 1993, ch. 619, § 8; Laws, 1997, ch. 589, § 3, eff from and after July 1, 1997]

§69-41-17. [Laws, 1993, ch. 619, § 10, eff by operation of law upon passage (approved April 20, 1993)]

Editor’s Notes —

Former §69-41-15 created the Agribusiness Advisory Committee and provided for membership and payment of expenses.

Former §69-41-17 provided for a deferred repealed of Sections69-41-1 through69-1-15 on July 1, 1998.

§ 69-41-19. Agriculture Development Committee.

The Agriculture Development Committee is created and shall be composed of agriculture business leaders and farmers as are appointed by the Mississippi Agribusiness Council; one (1) of the members shall be a representative of Mississippi State University, and one (1) shall be a representative of Alcorn State University. The Development Committee shall work with the Mississippi Agribusiness Council in carrying out its duties and purposes. Members of the Development Committee shall serve without compensation.

HISTORY: Laws, 1997, ch. 589, § 4, eff from and after July 1, 1997.

Chapter 42. Program to Encourage Growth in Mississippi Agribusiness Industry

§ 69-42-1. Definitions; development and implementation of program; purpose of program; annual report.

  1. For the purposes of this section, the following words shall have the meanings ascribed in this section unless the context otherwise requires:
    1. “Agribusiness” means any agricultural, aquacultural, horticultural, manufacturing, research and development or processing enterprise or enterprises.
    2. “Farmer” means a resident of Mississippi who engages or wishes to engage in the commercial production of crops on land in Mississippi. The term shall include individuals, partnerships and corporations.
  2. The Mississippi Development Authority shall develop and implement a program to stimulate growth in the agricultural industry for agribusiness concerns and farmers.
  3. The program developed and implemented by the Mississippi Development Authority under this section shall:
    1. Increase the availability of financial assistance available to agribusiness concerns and farmers;
    2. Provide incentives for agribusiness concerns and farmers which will encourage growth in the Mississippi agricultural industry;
    3. Assist new agribusiness concerns and farmers in developing and implementing business plans;
    4. Develop methods for increasing markets for the goods and services of agribusiness concerns and farmers;
    5. Work with public and private entities in disseminating information about public and private programs that benefit agribusiness concerns and farmers; and
    6. Identify sources of financial assistance available to agribusiness concerns and farmers and assist agribusiness concerns and farmers with the preparation of applications for assistance from public and private sources.

      (a) The Mississippi Development Authority shall file an annual report with the Governor, the Secretary of the Senate and the Clerk of the House of Representatives not later than December 1 of each year, regarding the impact of the program created under this section on the agribusiness industry in Mississippi.

      1. The Mississippi Development Authority shall file an annual report with the Governor, the Secretary of the Senate and the Clerk of the House of Representatives not later than December 1 of each year, with recommendations for any legislation necessary to accomplish the purposes of this section.

HISTORY: Laws, 2000, 2nd Ex Sess, ch. 1, § 52, eff from and after passage (approved Aug. 30, 2000.).

Editor’s Notes —

Laws, 2000, 2nd Ex Sess, ch. 1, § 1 provides:

“SECTION 1. This act may be cited as the ‘Advantage Mississippi Initiative.’ ”

Chapter 43. Mississippi Ratite Council and Promotion Board

§§ 69-43-1 through 69-43-11. Repealed.

Repealed by Laws of 2004, ch. 383, § 7, eff from and after July 1, 2006.

§69-43-1. [Laws, 1997, ch. 375, § 1, eff from and after passage (approved March 18, 1997); reenacted without change, Laws, 2000, ch. 331, § 1; reenacted without change, Laws, 2004, ch. 383, § 1, eff from and after July 1, 2004.]

§69-43-3. [Laws, 1997, ch. 375, § 2, eff from and after passage (approved March 18, 1997); reenacted without change, Laws, 2000, ch. 331, § 2; reenacted without change, Laws, 2004, ch. 383, § 2, eff from and after July 1, 2004.]

§69-43-5. [Laws, 1997, ch. 375, § 3, eff from and after passage (approved March 18, 1997); reenacted without change, Laws, 2000, ch. 331, § 3; reenacted without change, Laws, 2004, ch. 383, § 3, eff from and after July 1, 2004.]

§69-43-7. [Laws, 1997, ch. 375, § 4, eff from and after passage (approved March 18, 1997); reenacted without change, Laws, 2000, ch. 331, § 4; reenacted without change, Laws, 2004, ch. 383, § 4, eff from and after July 1, 2004.]

§69-43-9. [Laws, 1997, ch. 375, § 5, eff from and after passage (approved March 18, 1997); reenacted without change, Laws, 2000, ch. 331, § 5; reenacted without change, Laws, 2004, ch. 383, § 5, eff from and after July 1, 2004.]

§69-43-11. [Laws, 1997, ch. 375, § 6, eff from and after passage (approved March 18, 1997); reenacted without change, Laws, 2000, ch. 331, § 6; reenacted without change, Laws, 2004, ch. 383, § 6, eff from and after July 1, 2004.]

Editor’s Notes —

Former §§69-43-1 through69-43-11 related to the Mississippi Ratite Council and Promotion Board.

For repeal date of this section, see §69-43-13.

Amendment Notes —

The 2004 amendment reenacted the section without change.

Cross References —

For a definition of “ratite,” see §75-33-3(1)(g).

§ 69-43-13. Repeal date of Sections 69-43-1 through 69-43-11.

Sections 69-43-1 through 69-43-11, shall stand repealed on July 1, 2006.

HISTORY: Laws, 1997, ch. 375, § 7; Laws, 2000, ch. 331, § 7; Laws, 2004, ch. 383, § 7, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment extended the date of the repealer for §§69-43-1 through69-43-11 from “July 1, 2004” until “July 1, 2006.”

Chapter 44. Mississippi Corn Promotion Board

§ 69-44-1. Purpose.

The purpose of this chapter is to promote the growth and development of the corn industry in Mississippi by research, advertisement promotions and education and market development, thereby promoting the general welfare of the people of this state.

For purposes of this chapter:

“Board” means the Mississippi Corn Promotion Board.

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

HISTORY: Laws, 2006, ch. 512, § 1; brought forward without change, Laws, 2009, ch. 393, § 17, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

OPINIONS OF THE ATTORNEY GENERAL

The Department of Agriculture and Commerce may withhold 3.5% of the gross amount collected each month from assessments on corn sales and, with the approval of the Mississippi Corn Promotion Board, may “settle up” with the Board at the end of the fiscal year. Spell, February 2, 2007, A.G. Op. #07-00019, 2007 Miss. AG LEXIS 11.

There is no provision in Miss. Code Ann. §69-44-1 et seq., addressing the interest earned on funds in the Mississippi Corn Promotion Fund. Absent a specific provision otherwise, interest earned on funds in the Mississippi Corn Promotion Fund must be credited to the State General Fund. Spell, February 2, 2007, A.G. Op. #07-00019, 2007 Miss. AG LEXIS 11.

§ 69-44-3. Mississippi Corn Promotion Board; membership; organization and administration; officers.

  1. The Mississippi Corn 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. All of the twelve (12) members of the board shall be producers of corn in the State of Mississippi. Within ten (10) days following the effective date of this chapter, the Mississippi Farm Bureau Federation, Inc., the Mississippi Feed and Grains Association, the Mississippi Corn Growers Association and the Delta Council shall each submit the names of six (6) corn 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 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 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 the bonds shall be paid from the funds received under this chapter. The 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 the illegal act of the member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.

HISTORY: Laws, 2006, ch. 512, § 2; brought forward without change, Laws, 2009, ch. 393, § 18, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

§ 69-44-5. Assessment on corn grown in state; corn promotion fund; records and reports.

  1. After July 1, 2006, there is imposed and levied an assessment at the rate of One Cent (1¢) per bushel on all corn grown within the State of Mississippi, and the 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. If a producer pledges corn grown by that producer as collateral for a loan issued by the Commodity Credit Corporation and if that producer forfeits the corn in lieu of loan repayment, the Commodity Credit Corporation shall, at the time of the loan settlement, collect the assessment from the producer.
  2. The assessment imposed and levied by this section shall be payable to and collected by the department from the purchaser of the corn 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 to be established as the “Mississippi Corn Promotion Fund,” and promptly remitted to a foundation under the terms and conditions as the board deems necessary to ensure that the assessments are used properly in carrying out the purposes of this chapter.
  3. The department shall submit to the board a budget detailing and justifying the administrative costs of the department in administering the provisions of this chapter. The budget must be approved by the board by April 1 of each year. The department shall pay over to the Mississippi Corn Promotion Fund the funds collected, less three and one-half percent (3-1/2%) of the gross amount collected. The amount withheld by the department must be approved by the board by July 1 of each year.
  4. Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all corn 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 Corn Promotion Fund. The records shall be in the form and contain any 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 corn and examine or cause to be examined by the 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: Laws, 2006, ch. 512, § 3; brought forward without change, Laws, 2009, ch. 393, § 19, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

OPINIONS OF THE ATTORNEY GENERAL

The term “foundation,” as used in Miss. Code Ann. §69-44-5, is not synonymous with, but may utilize services of, a bank or a banking institution’s trust department. A foundation, as contemplated in the statute, would include a corporation or other similar entity organized and operated for the purposes set forth in that chapter, that is, to conduct a program of research, education and advertising designed to promote the corn industry in Mississippi. Spell, February 2, 2007, A.G. Op. #07-00019, 2007 Miss. AG LEXIS 11.

§ 69-44-7. 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 the amount for each month of delay or fraction thereof after the first month after the report was required to be filed or the 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 the books, records or other documents relating to the liability of the person for the assessment herein imposed, or who shall hinder or in any way delay or prevent the 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 fewer bushels of corn in any calendar year, provided he is not regularly engaged in the purchase of corn.

HISTORY: Laws, 2006, ch. 512, § 4; brought forward without change, Laws, 2009, ch. 393, § 20, 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 §69-44-11.

§ 69-44-9. Expenditure of funds; annual report of income and expenditures; penalty for failure to report.

  1. The board shall plan and conduct a program of research, education and advertising designed to promote the corn 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. 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 corn 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 corn 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 corn 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 fifteen percent (15%) 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 income and expenditures shall be made annually on December 31, with four (4) copies of the report to be filed and presented during the 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 (3) of this section, the board shall be subject to a fine of not more than Five Hundred Dollars ($500.00).

HISTORY: Laws, 2006, ch. 512, § 5; Laws, 2009, ch. 393, § 21, 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).

§ 69-44-11. State Tax Commission to assist department in collecting assessments.

The State Tax Commission shall provide any information necessary to assist the department in collecting the assessments provided for in this chapter.

HISTORY: Laws, 2006, ch. 512, § 6; brought forward without change, Laws, 2009, ch. 393, § 22, 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.

§ 69-44-13. 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, 2006, ch. 512, § 7; brought forward without change, Laws, 2009, ch. 393, § 23, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

§ 69-44-15. Commissioner authorized to audit Corn 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, § 24, eff from and after July 1, 2009.

Chapter 45. Mississippi Agricultural Promotions Program Act

§ 69-45-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Agricultural Promotions Program Act.”

HISTORY: Laws, 1999, ch. 509, § 9, eff from and after July 1, 1999.

§ 69-45-3. Legislative findings.

The Legislature finds that there is a need for a Mississippi Agricultural Promotions Program to increase consumer awareness and expand the market for Mississippi’s agricultural products. The Legislature further finds that the Mississippi Department of Agriculture and Commerce, through, but not limited to, product identification programs and subsidies, loans and grants, shall promote and advertise such products.

HISTORY: Laws, 1999, ch. 509, § 10, eff from and after July 1, 1999.

§ 69-45-5. Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

“Commissioner” means the Commissioner of Agriculture and Commerce.

“Department” means the Department of Agriculture and Commerce.

“Person” means an individual, firm, partnership, corporation, association, business, trust, legal representative or any other business unit.

“Reproduce” means to stencil, emboss, print, engrave, impress, imprint, lithograph or duplicate in any manner or to cause any such acts to be done.

“Agricultural product” means any product that is at least fifty-one percent (51%) grown, processed or manufactured in the State of Mississippi.

“Division” means the Division of Market Development within the Department of Agriculture and Commerce.

The words “logo” and “program,” whenever used in this chapter, shall include the plural as well as the singular.

HISTORY: Laws, 1999, ch. 509, § 11; Laws, 2014, ch. 356, § 1, eff from and after passage (approved Mar. 17, 2014).

Amendment Notes —

The 2014 amendment added the last paragraph.

§ 69-45-7. Establishment of program to finance and promote agricultural economic development.

The department, in its discretion, may establish a program of grants, loans and subsidies to be matched by agricultural entities in the state to finance and promote agricultural economic development.

HISTORY: Laws, 1999, ch. 509, § 12, eff from and after July 1, 1999.

§ 69-45-9. Purpose of chapter; duties of Division of Market Development.

  1. The purpose of this chapter is to authorize the division to establish and coordinate the Mississippi Agricultural Promotions Program. The duties of the division shall include, but are not limited to:
    1. Developing a logo and authorizing the use of that logo;
    2. Developing a program for loans, grants and subsidies;
    3. Registering participants;
    4. Requesting and collecting reimbursements from program participants;
    5. Promoting and advertising Mississippi and its agricultural products through the purchase of promotional items;
    6. Developing in-kind advertising programs and promotional materials; and
    7. Contracting with media representatives for the purpose of dispersing promotional materials.
  2. The commissioner shall promulgate rules necessary to implement the provisions of this act.

HISTORY: Laws, 1999, ch. 509, § 13, eff from and after July 1, 1999.

§ 69-45-11. Registration of participants; annual marketing assessment; funding promotions program.

  1. Any person or business who participates in the Mississippi Agricultural Promotions Program shall register annually with the department on forms prescribed by the department. The department is authorized to charge an annual marketing assessment to defray costs and expenses associated with the program. The department serves to promote agriculture products in the state; thus, it assumes no legal liability by registering these persons or businesses.
    1. The department may accept, budget, receive and expend funds from any source to implement, market and promote the program;
    2. 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 in its publications;
    3. Any funds received from this advertising shall be retained by the department and expended to market and promote the Mississippi Agricultural Promotions Program; and
    4. 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.

HISTORY: Laws, 1999, ch. 509, § 14; Laws, 2016, ch. 320, § 1, eff from and after passage (approved Apr. 4, 2016).

Amendment Notes —

The 2016 amendment rewrote the section, which read: “Any person who participates in the Mississippi Agricultural Promotions Program shall register annually with the department in a form and manner as required by the department. Each person shall renew his registration by July 1 of each year.”

§ 69-45-13. Creation of Mississippi Agricultural Promotions Fund.

There is created a special fund to be designated as the “Mississippi Agricultural Promotions Fund” within the State Treasury to receive all monies related to the Mississippi Agricultural Promotions Program. Monies deposited in the fund shall be expended, upon legislative appropriations, and upon requisition therefor by the Commissioner of Agriculture, for the purposes of implementing, marketing and promoting the Mississippi Agricultural Promotions Program. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.

HISTORY: Laws, 1999, ch. 509, § 15; Laws, 2016, ch. 320, § 2, eff from and after passage (approved Apr. 4, 2016).

Amendment Notes —

The 2016 amendment substituted “for the purposes of implementing, marketing and promoting the Mississippi” for “for the sole purpose of implementing the Mississippi” in the second sentence.

§ 69-45-15. Unlawful use, reproduction or distribution of Program logo.

It is unlawful for any person to use, reproduce or distribute the logo of the Mississippi Agricultural Promotions Program without being registered with the department or to otherwise violate the provisions of this chapter or any rules adopted under this chapter. Any person who violates any of the provisions of this chapter or any rule promulgated under this chapter revokes his rights for logo use or any funding hereunder.

HISTORY: Laws, 1999, ch. 509, § 16, eff from and after July 1, 1999.

Chapter 46. Mississippi Land, Water and Timber Resources Act

§ 69-46-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Land, Water and Timber Resources Act.”

HISTORY: Laws, 2000, 2nd Ex Sess, ch. 1, § 53, eff from and after passage (approved Aug. 30, 2000.).

Editor’s Notes —

Laws, 2000, 2nd Ex Sess, ch. 1, § 1 provides:

“SECTION 1. This act may be cited as the ‘Advantage Mississippi Initiative.’ ”

§ 69-46-3. Mississippi Land, Water and Timber Resources Board; creation; purpose; composition; meetings.

  1. There is created the Mississippi Land, Water and Timber Resources Board, hereinafter referred to as “the board,” for the purpose of assisting Mississippi agricultural industry in the development, marketing and distribution of agricultural products.
  2. The board shall be composed of the following members:
    1. The Chairman of the Senate Agriculture Committee, or a member of the Senate Agriculture Committee designated by the chairman, as a nonvoting member;
    2. The Chairman of the House of Representatives Agriculture Committee or a member of the House of Representatives Agriculture Committee designated by the chairman, as a nonvoting member;
    3. The Chairman of the Senate Forestry Committee, or a member of the Senate Forestry Committee designated by the chairman, as a nonvoting member;
    4. The Executive Director of the Mississippi Development Authority, or his designee;
    5. The Commissioner of the Mississippi Department of Agriculture and Commerce, or his designee;
    6. The President of the Mississippi Farm Bureau Federation, or his designee;
    7. The Director of the Cooperative Extension Service at Mississippi State University, or his designee;
    8. The Executive Director of the Agribusiness and Natural Resource Development Center at Alcorn State University, or his designee;
    9. The Director of the Agricultural Finance Division of the Mississippi Development Authority, or his designee;
    10. The Director of the Agriculture Marketing Division of the Mississippi Department of Agriculture and Commerce, or his designee;
    11. The Executive Director of the Mississippi Forestry Commission, or his designee; and
    12. Three (3) individuals appointed by the Governor who are active producers of Mississippi land, water or timber commodities. The Governor shall appoint one (1) such person from each Supreme Court district.
  3. The Executive Director of the Mississippi Development Authority and the Commissioner of the Mississippi Department of Agriculture and Commerce shall serve as co-chairmen of the board.
  4. The board shall meet at least once each calendar quarter at the call of the co-chairmen. A majority of the members of the board shall constitute a quorum at all meetings. An affirmative vote of a majority of the members present and voting is required in the adoption of any actions taken by the board. All members must be notified, in writing, of all regular and special meetings of the board, which notices must be mailed at least ten (10) days before the dates of the meetings. All meetings shall take place at the State Capitol in Jackson, Mississippi. The board shall provide a copy of the minutes of each of its meetings to the Chairman of the Senate Agriculture Committee and the Chairman of the House of Representatives Agriculture Committee.
  5. Members of the board shall not receive compensation. However, each member may be paid travel expenses and meals and lodging expenses as provided in Section 25-3-41, for such expenses incurred in furtherance of their duties. Travel expenses and meals and lodging expenses and other necessary expenses incurred by the board shall be paid out of funds appropriated to the Mississippi Development Authority.
  6. In carrying out the provisions of the Mississippi Land, Water and Timber Resources Act, the board may utilize the services, facilities and personnel of all departments, agencies, offices and institutions of the state, and all such departments, agencies, offices and institutions shall cooperate with the board in carrying out the provisions of such act.

HISTORY: Laws, 2000, 2nd Ex Sess, ch. 1, § 54, eff from and after passage (approved Aug. 30, 2000.).

Editor’s Notes —

Laws, 2000, 2nd Ex Sess, ch. 1, § 1 provides:

“SECTION 1. This act may be cited as the ‘Advantage Mississippi Initiative.’ ”

§ 69-46-5. Powers and duties of board.

The board shall have the following powers and duties:

To develop marketing plans and opportunities for independent farmers in Mississippi;

To encourage the commercialization of new agricultural technology businesses;

To initiate the development of processing facilities for Mississippi agricultural commodities;

To initiate the development of Mississippi wholesale distribution businesses for agricultural inputs and products;

To promote the development of institutional and specialty markets for Mississippi agriculture products;

To encourage additional research for new agricultural product development;

To develop a working relationship with the state offices of the United States Department of Agriculture as may be appropriate for the promotion and development of agriculture in Mississippi;

To promote the rural quality of life in Mississippi through such programs as 4-H, Future Farmers of America and agricultural education;

To encourage, promote and initiate the development of alternative energy strategies, applied research technologies and commercialization enterprises that focus on Mississippi natural resources, including, but not limited to, agriculture, timber and poultry products and byproducts;

To file an annual report with the Governor, Secretary of the Senate and the Clerk of the House of Representatives not later than December 1 of each year, with recommendations for any legislation necessary to accomplish the purposes of the Mississippi Land, Water and Timber Resources Act;

The board may promulgate and enforce rules and regulations, in accordance with the Mississippi Administrative Procedures Law, as may be necessary to carry out the provisions of the Mississippi Land, Water and Timber Resources Act;

To expend funds out of the Mississippi Land, Water and Timber Resources Fund to carry out its powers and duties under the Mississippi Land, Water and Timber Resources Act;

The board may provide funds to public entities and private entities through loans, grants, contracts and any other manner the board determines appropriate for the purposes of carrying out the provisions of the Mississippi Land, Water and Timber Resources Act.

HISTORY: Laws, 2000, 2nd Ex Sess, ch. 1, § 55; Laws, 2001, ch. 538, § 17; Laws, 2002, ch. 411, § 1; Laws, 2002, ch. 542, § 17, eff from and after passage (approved Apr. 9, 2002.).

Joint Legislative Committee Note —

Section 1 of ch. 411, Laws, 2002, effective from and after passage (approved March 19, 2002), amended this section. Section 17 of ch. 542, Laws, 2002, effective from and after passage (approved April 9, 2002) also amended this section. As set out above, this section reflects the language of Section 17 of ch. 542, Laws, 2002, 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 latest approval date shall superseded all other amendments to the same section approved on an earlier date.

Editor’s Notes —

Laws, 2000, 2nd Ex Sess, ch. 1, § 1 provides:

“SECTION 1. This act may be cited as the ‘Advantage Mississippi Initiative.’ ”

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Land, Water and Timber Resources Board may contract with a private entity if that contract will further the purposes and duties of the board; an agreement with a private entity may be in the form of a contract for services or in the form of a grant, but, in either case, the contract or grant agreement should set out in reasonable detail the services and functions which will be performed by the private entity on behalf of the board. Spell, Jr., Feb. 1, 2002, A.G. Op. #02-0027.

The Land, Water and Timber Resources Board can enter into a loan or grant agreement for administration and disbursement of funds with a regional planning and development district, which are private entities often utilized as conduits for grants to small businesses for the purpose of job creation and small business development; further, the Land, Water and Timber Resources Board can make loans or grants for specific projects to certain local governmental entities as are empowered to administer same, such as a county economic development district. Spell, Jr., Apr. 25, 2002, A.G. Op. #02-0226.

While the language in subsection (i) of this section grants fairly broad authority to the Mississippi Land, Water and Timber Resources Board does not grant the authority to the Board to merely fund the purchase of equipment utilizing existing forms of energy. The Board has the power to enact regulations which further define and clarify the terms “alternative energy” and “Mississippi natural resources.” Spell, Aug. 8, 2003, A.G. Op. 03-0373.

The Land, Water and Timber Resources Board has the authority to loan to a purchaser a portion of the purchase price of the facility. Speed, Apr. 15, 2005, A.G. Op. 05-0191.

§ 69-46-7. Mississippi Land, Water and Timber Resources Fund; expenditures; authorization for borrowing in anticipation of bonds.

    1. The Mississippi Land, Water and Timber Resources Board may accept and expend funds appropriated or otherwise made available by the Legislature and funds from any other source in order to carry out the provisions of the Mississippi Land, Water and Timber Resources Act. Such funds shall be deposited into a special fund hereby established in the State Treasury to be known as the “Mississippi Land, Water and Timber Resources Fund.” Unexpended amounts derived from bond proceeds or private funds, or both, remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on such amounts in the fund shall be deposited to the credit of the fund. All other unexpended amounts remaining in the fund at the end of a fiscal year shall lapse into the State General Fund. The board may provide to the Mississippi Department of Agriculture and Commerce not more than Two Hundred Fifty Thousand Dollars ($250,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 1 through 16 of Chapter 538, Laws of 2001, and/or Sections 1 through 16 of Chapter 542, Laws of 2002, for the purpose of providing additional funds to defray costs incurred by the department in assisting the board in carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. However, the Mississippi Department of Agriculture and Commerce may not use any portion of such funds for the purpose of hiring any personas an employee as defined in Section 25-3-91(c). The Mississippi Department of Agriculture may escalate its budget and expend such funds, when provided by the board, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds. The board may provide to the Mississippi Development Authority not more than Two Hundred Fifty Thousand Dollars ($250,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 1 through 16 of Chapter 538, Laws of 2001, and/or Sections 1 through 16 of Chapter 542, Laws of 2002, for the purpose of providing additional funds to defray costs incurred by the Mississippi Development Authority in assisting the board in carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. However, the Mississippi Development Authority may not use any portion of such funds for the purpose of hiring any person as an employee as defined in Section 25-3-91(c). The Mississippi Development Authority may escalate its budget and expend such funds, when provided by the board, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
      1. The Mississippi Land, Water and Timber Resources Board may provide to the Mississippi Department of Agriculture and Commerce not more than One Hundred Twenty-five Thousand Dollars ($125,000.00), in the aggregate, of monies in the fund that a rederived from proceeds of bonds issued under Sections 1 through 16 of Chapter 505, Laws of 2003, and One Hundred Twenty-five Thousand Dollars ($125,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 72 through 87 of Chapter 1 of Laws of 2004, Third Extraordinary Session, for the purpose of providing additional funds to defray costs incurred by the department in assisting the board in carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. However, the Mississippi Department of Agriculture and Commerce may not use any portion of such funds for the purpose of hiring any person as an employee as defined in Section 25-3-91(c). The Mississippi Department of Agriculture and Commerce may escalate its budget and expend such funds, when provided by the board, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
      2. The Mississippi Land, Water and Timber Resources Board may provide to the Mississippi Development Authority not more than One Hundred Twenty-five Thousand Dollars ($125,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 1 through 16 of Chapter 505, Laws of 2003, and One Hundred Twenty-five Thousand Dollars ($125,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 72 through 87 of Chapter 1 of Laws of 2004, Third Extraordinary Session, for the purpose of providing additional funds to defray costs incurred by the Mississippi Development Authority in assisting the board in carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. However, the Mississippi Development Authority may not use any portion of such funds for the purpose of hiring any person as an employee as defined in Section 25-3-91(c). The Mississippi Development Authority may escalate its budget and expend such funds, when provided by the board, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
      3. The Mississippi Land, Water and Timber Resources Board may provide to the Department of Audit not more than Fifty Thousand Dollars ($50,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 1 through 16 of Chapter 505, Laws of 2003, and Fifty Thousand Dollars ($50,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 72 through 87 of Chapter 1 of Laws of 2004, Third Extraordinary Session, for the purpose of providing additional funds to defray costs incurred by the department in assisting the board in carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. However, the Department of Audit may not use any portion of such funds for the purpose of hiring any person as an employee as defined in Section 25-3-91(c). The Department of Audit may escalate its budget and expend such funds, when provided by the board, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
  1. The Mississippi Land, Water and Timber Resources Board shall set aside One Million Dollars ($1,000,000.00) of the monies in the Mississippi Land, Water and Timber Resources Fund, that are derived from proceeds of bonds issued under Sections 1 through 16 of Chapter 505, Laws of 2003, for the purpose of providing funds to the Mississippi Department of Agriculture and Commerce for use in making payments to ethanol producers under Section 69-51-5 during the State Fiscal Year beginning July 1, 2003, and ending June 30, 2004. Any monies set aside which are not used for such purposes during the fiscal year shall no longer be set aside for such purposes after the end of the fiscal year. In addition, if the Commissioner of Agriculture and Commerce determines during such fiscal year that no ethanol producer will be eligible for such payments during the fiscal year, the commissioner shall inform the board of his determination and the monies set aside shall no longer be set aside for such purposes. The Mississippi Department of Agriculture and Commerce may escalate its budget and expend funds, when provided by the board under this subsection (2), in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
  2. In anticipation of the issuance of bonds authorized for the purpose of providing funds for the Mississippi Land, Water and Timber Resources Fund, the State Bond Commission is authorized to negotiate and enter into any purchase, loan, credit or other agreement with any bank, trust company or other lending institution or to issue and sell interim notes for the purpose of carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. All borrowings made under this subsection (3) shall be evidenced by notes of the State of Mississippi, which shall be issued from time to time, for such amounts, in such form and in such denomination and subject to such terms and conditions of sale and issuance, prepayment or redemption and maturity, rate or rates of interest not to exceed the maximum rate authorized for bonds in Section 75-17-101, and time of payment of interest as the State Bond Commission shall agree to in such agreement. Such notes shall constitute general obligations of the State of Mississippi, and shall be backed by the full faith and credit of the state. Such notes may also be issued for the purpose of refunding previously issued notes. No note shall mature more than three (3) years following the date of its issuance. The State Bond Commission is authorized to provide for the compensation of any purchaser of the notes by payment of a fixed fee or commission and for all other costs and expenses of issuance and service, including paying agent costs. Such costs and expenses may be paid from the proceeds of the notes. Borrowings made under the provisions of this subsection (3) shall not exceed the aggregate sum of Five Million Dollars ($5,000,000.00) outstanding at any one time.

HISTORY: Laws, 2000, 2nd Ex Sess, ch. 1, § 56; Laws, 2002, ch. 542, § 18; Laws, 2003, ch. 505, § 17; Laws, 2004, 3rd Ex Sess., ch. 1, § 88, eff from and after passage (approved November 24, 2004.).

Editor’s Notes —

Laws, 2001, ch. 538, §§ 1 through 16 authorize the issuance of general obligation bonds for the purpose of providing funds for the Mississippi Land, Water and Timber Resources Fund.

Laws, 2000, 2nd Ex Sess, ch. 1, § 1 provides:

“SECTION 1. This act may be cited as the ‘Advantage Mississippi Initiative.’ ”

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 rewrote the section to authorize the Mississippi Land, Water and Timber Resources Board to set aside an amount from the Mississippi Land, Water and Timber Resources Fund for the purposes of providing funds to the Mississippi Department of Agriculture and Commerce for use in making payments to ethanol producers, and to authorize borrowing by the State Bond Commission.

The 2004 amendment (3rd Ex Sess, ch. 1) substituted “Sections 1 through 16 of Chapter 538 Laws of 2001 and/or Sections 1 through 16 of Chapter 542 Laws of 2002” for “Sections 1 through 16 of Laws 2001 Chapter 538 and/or Sections 1 through 16 of Laws 2002, Chapter 542” in the fourth and seventh sentences of (1)(a); rewrote the first sentences of (1)(b)(i), (1)(b)(ii) and (1)(b)(iii); and substituted “Sections 1 through 16 of Chapter 505 Laws of 2003” for “Sections 1 through 16 of Laws 2003 Chapter 505” in the first sentence of (2).

Chapter 47. Organic Certification Program

§ 69-47-1. Repealed.

Repealed by Laws of 2011, ch. 482, § 13, effective July 1, 2013.

§69-47-1. [Laws, 2000, ch. 600, § 1; Laws, 2003, ch. 480, § 1; Laws, 2011, ch. 482, § 1, eff from and after passage (approved Apr. 4, 2011.)]

Editor’s Notes —

Former §69-47-1 provided definitions of terms used in Chapter 47, Title 69.

§ 69-47-3. Repealed.

Repealed by Laws of 2011, ch. 482, § 11, effective from and after passage (Approved April 4, 2011).

§69-47-3. [Laws, 2000, ch. 600, § 2; Laws, 2003, ch. 480, § 2, eff from and after July 1, 2003.]

Editor’s Notes —

Section 11 of Chapter 482, Laws of 2011, repealed this section, effective upon passage (April 4, 2011). Section 13 of Chapter 482 provided for the repeal of Sections 1 through 12 of the act, effective July 1, 2013. The co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation determined that the repealer contained in Section 13 of Chapter 482 has no effect on the repeal of this section, and the section is repealed effective April 4, 2011.

§§ 69-47-5 through 69-47-9. Repealed.

Repealed by Laws of 2011, ch. 482, § 13, effective July 1, 2013.

§69-47-5. [Laws, 2000, ch. 600, § 3; Laws, 2003, ch. 480, § 3; Laws, 2004, ch. 497, § 1; Laws, 2011, ch. 482, § 2, eff from and after passage (approved Apr. 4, 2011.)]

§69-47-7. [Laws, 2000, ch. 600, § 4; Laws, 2011, ch. 482, § 3, eff from and after passage (approved Apr. 4, 2011.)]

§69-47-9. [Laws, 2000, ch. 600, § 5; Laws, 2011, ch. 482, § 4, eff from and after passage (approved Apr. 4, 2011.)]

Editor’s Notes —

Former §69-47-5 pertained to the certification required for the sale of organic food.

Former §69-47-7 required producers to avoid pesticides or other contaminating residues on agricultural products sold or labeled organic.

Former §69-47-9 provided that only crops that had been free from use of prohibited pesticides for at least three years could be certified as organic and provided for a “transition to organic” certification during that three-year period.

§ 69-47-11. Recertification after removal from organic management.

If a certified farm, field or greenhouse unit is removed from organic management, it may be recertified after passage of three (3) years without the application of a prohibited pesticide and two (2) years without the application of a prohibited fertilizer or other prohibited material.

HISTORY: Laws, 2000, ch. 600, § 6, eff from and after July 1, 2000.

§ 69-47-13. Repealed.

Repealed by Laws of 2011, ch. 482, § 13, effective July 1, 2013.

§69-47-13. [Laws, 2000, ch. 600, § 7; Laws, 2011, ch. 482, § 5, eff from and after passage (approved Apr. 4, 2011.)]

Editor’s Notes —

Former §69-47-13 pertained to records to be kept by producers making application for certification.

§ 69-47-15. Audits.

  1. The department may conduct or provide for audits of all documents used to verify that certified products meet organic standards.
  2. These audits shall include, where appropriate:
    1. An inventory audit, a listing of the formulations of the product, percent accuracy in labeling, the amount bought and sold per product and producer or destination and the number of vendors and amount of product per vendor; or
    2. A farm audit, listing the amounts sold per product, date and destination and the area and location planted of each product with dates of harvest.
  3. Information contained in audit records that is exempt under the Public Records Act of Mississippi shall remain confidential. Such exempt confidential information shall include, but not be limited to:
    1. Information that, if released, would give advantage to competitors or bidders; and
    2. Trade secrets and commercial or financial information obtained from a person and privileged or confidential by statute or judicial decision.

HISTORY: Laws, 2000, ch. 600, § 8, eff from and after July 1, 2000.

Cross References —

Public access to public records, see §§25-61-1 et seq.

§§ 69-47-17 through 69-47-23. Repealed.

Repealed by Laws of 2011, ch. 482, § 13, effective July 1, 2013.

§69-41-17. [Laws, 2000, ch. 600, § 9; Laws, 2004, ch. 497, § 2; Laws, 2011, ch. 482, § 6, eff from and after passage (approved Apr. 4, 2011.)]

§69-41-19. [Laws, 2000, ch. 600, § 10; Laws, 2011, ch. 482, § 7, eff from and after passage (approved Apr. 4, 2011.)]

§69-41-21. [Laws, 2000, ch. 600, § 11; Laws, 2011, ch. 482, § 8, eff from and after passage (approved Apr. 4, 2011.)]

§69-41-23. [Laws, 2000, ch. 600, § 12; Laws, 2011, ch. 482, § 9, eff from and after passage (approved Apr. 4, 2011.)]

Editor’s Notes —

Former §69-47-17 pertained to applications for certification.

Former §69-47-19 pertained to conditions applicable to the retail sale of organic products and requirements regarding the prevention of commingling of organic and nonorganic products.

Former §69-47-21 prohibited the certification of drugs or drug ingredients under Chapter 47, Title 69, or the use of a Mississippi certified organic mark on any product or ingredient that is regulated as a drug.

Former §69-47-23 pertained to inspections of certified productions, processors, retailers, distributors and applicants for certification during times when normal production, post-harvest or sales activity could be observed.

§ 69-47-25. Inspection and renewal fees.

  1. The department shall establish a fee schedule for application, inspection and annual certification fees. The fee schedule shall be provided to all persons inquiring about the application process.
  2. Producers and processors participating in the department’s organic certification program will be charged an inspection fee and an annual certification fee. Retailers and distributors shall be charged an application fee for the initial inspection conducted by the department in accordance with this chapter and the regulations.

HISTORY: Laws, 2000, ch. 600, § 13; Laws, 2004, ch. 497, § 3, eff from and after passage (approved May 4, 2004.).

Amendment Notes —

The 2004 amendment rewrote the section.

§ 69-47-27. Repealed.

Repealed by Laws of 2011, ch. 482, § 13, effective July 1, 2013.

§69-47-27. [Laws, 2000, ch. 600, § 14; Laws, 2011, ch. 482, § 10, eff from and after passage (approved Apr. 4, 2011.)]

Editor’s Notes —

Former §69-47-27 defined prohibited acts for purposes of this chapter.

§§ 69-47-29 and 69-47-31. Repealed.

Repealed by Laws of 2003, ch. 480 § 4, eff from and after July 1, 2003.

§69-47-29. [Laws, 2000, ch. 600, § 15, eff from and after July 1, 2000.]

§69-47-31. [Laws, 2000, ch. 600, § 16, eff from and after July 1, 2000.]

Editor’s Notes —

Former §69-47-29 was entitled “Penalties for violating provision of chapter.”

Former §69-47-31 was entitled “Administrative proceedings.”

§ 69-47-33. Repealed.

Repealed by Laws of 2011, ch. 482, § 12, effective from and after passage (Approved April 4, 2011).

§69-47-33. [Laws, 2003, ch. 480, § 5, eff from and after July 1, 2003.]

Editor’s Notes —

Section 12 of Chapter 482, Laws of 2011, repealed this section, effective upon passage (April 4, 2011). Section 13 of Chapter 482 provided for the repeal of Sections 1 through 12 of the act, effective July 1, 2013. The co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation determined that the repealer contained in Section 13 of Chapter 482 has no effect on the repeal of this section, and the section is repealed effective April 4, 2011.

Former §69-47-33 authorized the Department of Agriculture and Commerce to develop an organic certification program for organic meat, organic fish, organic poultry and organic seafood.

Chapter 48. Peanut Promotion Board

§ 69-48-1. Purpose of chapter; definitions.

The purpose of this chapter is to promote the growth and development of the peanut industry in Mississippi by research, advertisement promotions and education and market development, thereby promoting the general welfare of the people of this state.

For purposes of this chapter:

“Board” means the Mississippi Peanut Promotion Board.

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

HISTORY: Laws, 2007, ch. 321, § 1; brought forward without change, Laws, 2009, ch. 392, § 1, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

Cross References —

Beef promotion and research program, see §§69-8-1 et seq.

Soybean promotion board, see §§69-9-1 et seq.

Rice promotion board, see §§69-10-1 et seq.

Dairy Promotion Act, see §§69-35-1 et seq.

Corn promotion board, see §§69-44-1.

§ 69-48-3. Mississippi Peanut Promotion Board; membership; organization and administration; officers.

  1. The Mississippi Peanut Promotion Board is hereby created, to be composed of six (6) members to be appointed by the Governor to serve terms of three (3) years. All of the six (6) members of the board shall be producers of peanuts in the State of Mississippi. Within ten (10) days following the effective date of this chapter, the Mississippi Farm Bureau Federation, Inc., and the Mississippi Peanut Growers Association shall each submit the names of six (6) peanut 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 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 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 the bonds shall be paid from the funds received under this chapter. The 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 the illegal act of the member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.

HISTORY: Laws, 2007, ch. 321, § 2; brought forward without change, Laws, 2009, ch. 392, § 2, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

§ 69-48-5. Assessment on peanuts grown in state; peanut promotion fund; records and reports.

    1. There is imposed and levied an assessment at the rate of Two Dollars and Fifty Cents ($2.50) per ton net weight on all peanuts grown within the State of Mississippi or delivered to the first point of sale within the State of Mississippi. The 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 peanuts put under loan to the Commodity Credit Corporation or purchased by the Commodity Credit Corporation and delivered to it shall be payable when such peanuts 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 behalf of the producer. Assessments on peanuts 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.
    2. Any peanut producer may request and receive a refund of the amount of assessment deducted from the sale of his peanuts if he makes a written application with the department within sixty (60) days from the date of sale, supported by bona fide copies of sales slips signed by the purchaser. The application forms shall be prepared by the department and shall be available at the first point of sale. All such applications shall be processed and refunds paid by the department 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 that the forms, including self-addressed envelopes, are available at its office. If a producer pledges peanuts grown by that producer as collateral for a loan issued by the Commodity Credit Corporation and if that producer forfeits the peanuts in lieu of loan repayment, the Commodity Credit Corporation shall at the time of the loan settlement, collect the assessment from the producer.
  1. The assessment imposed and levied by this section shall be payable to and collected by the department from the purchaser of the peanuts 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 monthly with the State Treasurer in a special fund to be established as the “Mississippi Peanut Promotion Fund,” and promptly remitted to a foundation under the terms and conditions as the board deems necessary to ensure that the assessments are used properly in carrying out the purposes of this chapter.
  2. The department shall submit to the board a budget detailing and justifying the administrative costs of the department in administering the provisions of this chapter. The budget must be approved by the board by April 1 of each year. The department shall pay over to the Mississippi Peanut Promotion Fund the funds collected, less three and one-half percent (3-1/2%) of the gross amount collected. The amount withheld by the department must be approved by the board by July 1 of each year.
  3. Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all peanuts 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 Peanut Promotion Fund. The records shall be in the form and contain any 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 peanuts and examine or cause to be examined by the 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: Laws, 2007, ch. 321, § 3; brought forward without change, Laws, 2009, ch. 392, § 3, eff from and after July 1, 2009.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the next-to-last sentence of (1)(a), deleting the letter “s” from the end of the word “purchases” so that “from the loan proceeds or from the purchases price” will read “from the loan proceeds or from the purchase price.” The Joint Committee ratified the correction at its August 5, 2008, meeting.

Amendment Notes —

The 2009 amendment brought the section forward without change.

§ 69-48-7. Department authorized to collect assessment created by Peanut Promotion, Research and Consumer Information Act.

The department is authorized to collect the assessment created by the Peanut Promotion, Research and Consumer Information Act administered by the U.S. Department of Agriculture on behalf of the board.

HISTORY: Laws, 2007, ch. 321, § 4; brought forward without change, Laws, 2009, ch. 392, § 4, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

Federal Aspects—

Assessments created by the Peanut Promotion, Research and Information Order, see 7 CFR § 1216.51.

§ 69-48-9. 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 the amount for each month of delay or fraction thereof after the first month after the report was required to be filed or the 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 the books, records or other documents relating to the liability of the person for the assessment herein imposed, or who shall hinder or in any way delay or prevent the 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 two thousand (2,000) pounds (one (1) ton) gross weight, or less in any calendar year, provided he is not regularly engaged in the purchase of peanuts.

HISTORY: Laws, 2007, ch. 321, § 5; brought forward without change, Laws, 2009, ch. 392, § 5, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

§ 69-48-11. Expenditure of funds; reporting requirement; penalty for failure to report.

  1. The board shall plan and conduct a program of research, education and advertising designed to promote the peanut 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. 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 peanut 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, research and advertising of peanuts 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 peanuts 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 fifteen percent (15%) 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 income and expenditures shall be made annually on December 31, with four (4) copies of the report to be filed and presented during the 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 (3) of this section, the board shall be subject to a fine of not more than Five Hundred Dollars ($500.00).

HISTORY: Laws, 2007, ch. 321, § 6; Laws, 2009, ch. 392, § 6, 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); and added (3) and (4).

§ 69-48-13. State Tax Commission to assist department in collecting assessments.

The State Tax Commission shall provide any information necessary to assist the department in collecting the assessments provided for in this chapter.

HISTORY: Laws, 2007, ch. 321, § 7; brought forward without change, Laws, 2009, ch. 392, § 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.

Cross References —

Duties and powers of State Tax Commission, see §27-3-31.

§ 69-48-14. Commissioner authorized to audit Peanut 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. 392, § 8, eff from and after July 1, 2009.

§ 69-48-15. 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, 2007, ch. 321, § 8; brought forward without change, Laws, 2009, ch. 392, § 9, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment brought the section forward without change.

Chapter 49. Field Crop Products

§ 69-49-1. Liability for destruction of field crop products; factors in awarding damages; limitation of damages; definition of “field crop”.

  1. Any person or entity who willfully and knowingly damages or destroys any field crop product that is grown for personal or commercial purposes, or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state or local government agency, shall be liable for twice the value of the crop damaged or destroyed.
  2. In awarding damages under this section, the courts shall consider the market value of the crop prior to damage or destruction and production, research, testing, replacement and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop.
  3. Damages available under this section shall be limited to twice the market value of the crop prior to damage or destruction plus twice the actual damages involving production, research, testing, replacement and crop development costs directly related to the crop that has been damaged or destroyed.
  4. For the purposes of this section, “field crop” means any product grown, developed or raised for purposes, including, but not limited to, human or animal consumption, research, industrial, commercial or pharmacological purposes.

HISTORY: Laws, 2001, ch. 355, § 1, eff from and after July 1, 2001.

Chapter 51. Ethanol, Anhydrous Alcohol and Wet Alcohol

§ 69-51-1. Goal to encourage ethanol production plants.

It is the goal of this state to encourage ethanol production plants in the state to utilize Mississippi-produced corn and other agriculture and forest resource commodities.

HISTORY: Laws, 2002, ch. 603, § 1, eff from and after June 30, 2002.

Cross References —

Ethanol defined as a gasoline and petroleum product, see §75-55-5.

§ 69-51-3. Definitions.

For the purposes of this chapter, the following terms shall have the meanings ascribed to them herein unless the context clearly indicates otherwise:

“Anhydrous alcohol” means fermentation ethyl alcohol derived from biomass, but that does not meet ASTM specifications or is not denatured and is shipped in bond for further processing.

“Biomass” means any organic matter which is available on a renewable basis including agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, and animal wastes.

“Ethanol” means fermentation ethyl alcohol which is produced from biomass and, that:

Meets all of the specifications in ASTM specification D 4806-88; and

Is denatured as specified in Code of Federal Regulations, Title 27, parts 20 and 21.

“Ethanol plant” means a plant at which ethanol, anhydrous alcohol or wet alcohol is produced.

“Wet alcohol” means agriculturally derived fermentation ethyl alcohol having a purity of at least fifty percent (50%) but less than ninety-nine percent (99%).

HISTORY: Laws, 2002, ch. 603, § 2, eff from and after June 30, 2002.

Cross References —

Ethanol defined as a gasoline and petroleum product, see §75-55-5.

§ 69-51-5. Cash payments to producers of ethanol, anhydrous alcohol, bio-diesel and wet alcohol.

  1. The Commissioner of Agriculture and Commerce is authorized to make cash payments to producers of ethanol, anhydrous alcohol, bio-diesel and wet alcohol located in the state. These payments shall apply only to ethanol, bio-diesel, anhydrous alcohol and wet alcohol fermented and produced at plants in the state. For purposes of this section, an entity that holds a controlling interest in more than one (1) ethanol or bio-diesel plant is considered a single producer. The amount of the payment for each producer’s annual production is:
    1. Except as provided in subsection (2) of this section, for each gallon of ethanol, bio-diesel or anhydrous alcohol produced in Mississippi in accordance with subsection (13) of this section on or before June 30, 2005, or for ten (10) years after the start of production, whichever is later, Twenty Cents (20¢) per gallon; and
    2. For each gallon of wet alcohol produced in Mississippi in accordance with subsection (13) of this section on or before June 30, 2005, or for ten (10) years after the start of production, whichever is later, a payment in cents per gallon calculated by the formula “alcohol purity in percent divided by five (5),” and rounded to the nearest cent per gallon, but not less than Eleven Cents (11¢) per gallon.

      The producer payments for anhydrous alcohol, bio-diesel and wet alcohol under this section may be paid to the original producer.

      No payments shall be made for production that occurs after June 30, 2015.

  2. If the level of production at an ethanol or bio-diesel plant increases due to an increase in the production capacity of the plant, the payment under subsection (1)(a) of this section applies to the additional increment of production until ten (10) years after the increased production began. Once a plant’s production capacity reaches thirty million (30,000,000) gallons per year, no additional increment shall qualify for the payment.
  3. The commissioner is authorized to make payments to producers of ethanol, bio-diesel or wet alcohol in the amount of One and One-half Cents (1-1/2¢) for each kilowatt hour of electricity generated using biomass in a cogeneration facility at an ethanol plant located in the state. Payments under this subsection shall be made only for electricity generated at cogeneration facilities that begin operation by June 30, 2005. The payments apply to electricity generated on or before the date ten (10) years after the producer first qualifies for payment under this subsection. Total payments under this subsection in any fiscal year may not exceed Seven Hundred Fifty Thousand Dollars ($750,000.00). For the purposes of this subsection:

    “Cogeneration” means the combined generation of:

    1. Electrical or mechanical power; and
    2. Steam or forms of useful energy, such as heat, that are used for industrial, commercial, heating or cooling purposes.
  4. Payments under subsections (1) and (2) of this section to all producers may not exceed Thirty-seven Million Dollars ($37,000,000.00) in a fiscal year. Total payments under subsections (1) and (2) of this section to a producer in a fiscal year may not exceed Six Million Dollars ($6,000,000.00).
  5. By the last day of October, January, April and July, each producer shall file a claim for payment for ethanol, bio-diesel, anhydrous alcohol and wet alcohol production during the preceding three (3) calendar months. A producer with more than one (1) plant shall file a separate claim for each plant. A producer that files a claim under this subsection shall include a statement of the producer’s total ethanol, bio-diesel, anhydrous alcohol and wet alcohol production in Mississippi during the quarter covered by the claim, including anhydrous alcohol and wet alcohol produced or received from an outside source. A producer shall file a separate claim for any amount claimed under subsection (3) of this section. For each claim and statement of total ethanol, bio-diesel, anhydrous alcohol and wet alcohol production filed under this section, the volume of ethanol, bio-diesel, anhydrous alcohol and wet alcohol production or amounts of electricity generated using biomass must be examined by an independent certified public accountant in accordance with standards established by the American Institute of Certified Public Accountants.
  6. Payments shall be made November 15, February 15, May 15 and August 15. A separate payment shall be made for each claim filed. Except as provided in subsection (9) of this section, the total quarterly payment to a producer under this subsection, excluding amounts paid under subsection (3) of this section, may not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00).
  7. If the total amount for which all producers are eligible in a quarter under subsection (3) of this section exceeds the amount available for payments, the commissioner shall make payments pro rata.
  8. After July 1, 2002, new production capacity is eligible for payment under this section only if the commissioner received:
    1. An application for approval of the new production capacity;
    2. An appropriate letter of long-term financial commitment for construction of the new production capacity; and
    3. Copies of all necessary permit applications for construction of the new production capacity. The commissioner may approve new production capacity based on the order in which the applications are received.
  9. Notwithstanding the quarterly payment limits of subsections (4) and (6), the commissioner shall make an additional payment in the eighth quarter of each fiscal biennium to ethanol or bio-diesel producers for Twenty Cents (20¢) per gallon of production in the eighth quarter of the biennium that is greater than seven million five hundred thousand (7,500,000) gallons.
  10. The commissioner shall adopt rules to implement this chapter and objective criteria by rule for who is eligible or not eligible for payment in compliance with this chapter.
  11. A plant in production or under construction by June 30, 2005, shall continue to receive uninterrupted payments under this section of at least Twenty Cents (20¢) per gallon of ethanol or bio-diesel produced until July 1, 2015.
  12. Promotional or educational efforts related to ethanol that are financed wholly or partially with state funds and that promote or identify a particular crop or commodity used to produce ethanol must also include a description of the other potential sources of ethanol listed in Section 69-51-3.
  13. It is the intent of this legislation that corn, biomass and resource commodities shall be furnished totally by Mississippi farmers insofar as the supply is available.

HISTORY: Laws, 2002, ch. 603, § 3; Laws, 2003, ch. 528, § 1; Laws, 2005, ch. 364, § 1, eff from and after July 1, 2005.

Amendment Notes —

The 2003 amendment inserted “bio-diesel” twice in (1); inserted “produced in Mississippi in accordance with subsection (13) of this section” in (1)(a) and in (1)(b) following “alcohol”; deleted “If the total amount for which all producers are eligible in a quarter exceeds the amount available for payments, the commissioner shall make payments pro rata” in (4); deleted “Payments shall be limited to amounts not to exceed funds appropriated for this purpose by the Mississippi Legislature” from the end of (6); inserted “(4) and” preceding “(6)” in (9); and rewrote (13).

The 2005 amendment inserted references to “bio-diesel” following each reference to “ethanol” throughout the section.

Chapter 53. Agritourism

§ 69-53-1. Definitions.

As used in this chapter, the following terms shall have the meanings ascribed, unless the context requires otherwise:

“Agritourism” means the travel or visit by the general public to, or the practice of inviting or allowing the general public to travel to or visit a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation for the purpose of enjoyment, education, or participation in the activities of the farm, ranch, or other agricultural, aquacultural, horticultural, or forestry operation.

“Agritourism activity” means any activity which allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including, but not limited to, farming activities, ranching activities or historic or cultural or natural attractions.

“Agritourism professional” means any person, partnership, corporation, or the employees or authorized agents, who offer or conduct one or more agritourism activities, whether or not for compensation.

“Inherent risks of agritourism activity” means those dangers or conditions that are an integral part of an agritourism activity, including, but not limited to, certain hazards involving surface and subsurface conditions, natural conditions of land, vegetation and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming, ranching, or other commercial agricultural, aquacultural, horticultural or forestry operation. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.

“Participant” means any person, other than the agritourism professional, who engages in an agritourism activity.

HISTORY: Laws, 2012, ch. 418, § 1, eff from and after passage (approved Apr. 18, 2012).

Editor’s Notes —

For repeal of this section see §69-53-9.

§ 69-53-3. Agritourism activity liability.

  1. Except as provided in subsection (2) of this section, an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities if the warning contained in Section 69-53-5 is posted as required and, except as provided in subsection (2) of this section, no participant or participant’s representative can maintain an action against or recover from an agritourism professional for injury, loss, damage or death of the participant resulting exclusively from any of the inherent risks of agritourism activities. In any action for damages against an agritourism professional for agritourism activity, the agritourism professional may plead the provisions of this section as an affirmative defense.
  2. Nothing in subsection (1) of this section prevents or limits the liability of an agritourism professional if the agritourism professional does any one or more of the following:
    1. Commits or omits an act if the act or omission constitutes willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage or death to the participant.
    2. Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities or equipment used in the activity or the dangerous propensity of a particular animal used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage or death to the participant.
    3. Intentionally injures the participant.
  3. Nothing in subsection (1) of this section:
    1. Prevents or limits the liability of an agritourism professional under products liability laws.
    2. Shall be construed so as to negate that assumption of risk is an affirmative defense.
  4. Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.

HISTORY: Laws, 2012, ch. 418, § 2, eff from and after passage (approved Apr. 18, 2012).

Editor’s Notes —

For repeal of this section see §69-53-9.

§ 69-53-5. Warning notice.

  1. Every agritourism professional must post and maintain signs that contain the warning notice specified in this section. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice must consist of a sign in black letters, with each letter to be a minimum of one (1) inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly readable print the warning notice specified in subsection (2) of this section.
  2. The signs and contracts must contain the following notice of warning:

    “WARNING

    Under Mississippi law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if the injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment and animals, as well as the potential for you or another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.”

  3. Failure to comply with the requirements concerning warning signs and notices provided in this section will prevent an agritourism professional from invoking the privileges of immunity provided by this chapter.

HISTORY: Laws, 2012, ch. 418, § 3, eff from and after passage (approved Apr. 18, 2012).

Editor’s Notes —

For repeal of this section see §69-53-9.

§ 69-53-7. Registration of agritourism professionals.

  1. An agritourism professional must register with the Mississippi Department of Agriculture and Commerce on an annual basis. The registration shall contain information describing the agritourism activity that the agritourism professional conducts or intends to conduct and the location where the person conducts or intends to conduct such agritourism activity. Additionally, the agritourism professional must pay an annual fee in the amount of Fifty Dollars ($50.00) to the Department at the time of registration. There is established in the State Treasury a special fund for the Mississippi Department of Agriculture and Commerce for the monies collected under this section. Unexpended monies remaining in the fund at the end of the 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.
  2. The Department shall maintain a list of all registered agritourism professionals, the registered agritourism activities conducted by each professional, and the registered agritourism location where the professional conducts such activities. Such list shall be made available to the public. The Department, in conjunction with other agritourism and rural economic efforts, shall promote and publicize registered agritourism professionals, activities and locations to advance agritourism in the state. The Department assumes no legal liability by registering agritourism professionals, but merely serves to promote agritourism in the state.
  3. The Department shall adopt guidelines to carry out the intent of this chapter.

HISTORY: Laws, 2012, ch. 418, § 4, eff from and after passage (approved Apr. 18, 2012).

Editor’s Notes —

For repeal of this section see §69-53-9.

§ 69-53-9. Repealed.

Repealed by Laws, 2018, ch. 315, § 1, eff from and after passage (approved March 5, 2018).

§69-53-9. [Laws, 2012, ch. 418, § 5; Laws, 2014, ch. 355, § 1, eff from and after passage (approved Mar. 17, 2014).]