Miss. Code Ann. § 75-44-21 — MS Code / Title 75 / Chapter 12 / Section 44-21
Miss. Code Ann. § 75-44-21
Status: in_force

(1) Each grain warehouseman shall have and maintain above all exemptions and liabilities, total net assets available for the payment of any indebtedness arising from the conduct of the grain warehouse in an amount equal to at least twenty cents (20¢) multiplied by the maximum number of bushels of grain for which the grain warehouse is licensed, provided that no person may be licensed as a grain warehouseman under the regulations in this part unless he has available net assets of at least twenty thousand dollars ($20,000.00); and provided further, that any deficiency in net assets required above the minimum of twenty thousand dollars ($20,000.00) may, at the discretion of the commissioner, be supplied by a commensurate increase in the amount of the grain warehouseman's bond furnished pursuant to Sections 75-44-29 , 75-44-31 , 75-44-33 and 75-44-35 . In determining total available net assets, credit may be given for insurable assets such as buildings, machinery, equipment and merchandise inventory only to the extent of the current market value of such assets and only to the extent that such assets are protected by insurance against loss or damage. Such insurance shall be in the form of lawful policies issued by one or more insurance companies authorized to do business and subject to service of process in suits brought in this state, and which provide that no cancellation shall be effective unless thirty (30) days' advance notice of such cancellation is given to the commissioner.

(2) If a grain warehouseman is licensed or is applying for license to operate two (2) or more grain warehouses, the maximum total number of bushels which all such facilities will accommodate when stored in the manner customary to the warehouses, as determined by the commissioner, shall be considered in determining whether the grain warehouseman meets the available net assets requirement of subsection (1) of this section.

(3) For the purposes of subsections (1) and (2) of this section only, capital stock as such shall not be considered a liability.
Miss. Code Ann. § 75-43-49 — MS Code / Title 75 / Chapter 12 / Section 43-49
Miss. Code Ann. § 75-43-49
Status: in_force

No warehouse receipt shall be issued, unless the grain for which it is to be issued is actually present in storage in the warehouse, nor shall any receipt be issued for a greater quantity of grain than is in storage in the warehouse, nor shall more than one (1) receipt be issued for the same lot of grain, except in cases where a receipt for a part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more.
Miss. Code Ann. § 75-24-25 — MS Code / Title 75 / Chapter 12 / Section 24-25
Miss. Code Ann. § 75-24-25
Status: in_force

(1) For the purposes of this section, the following terms shall have the meanings herein ascribed:

(a) “ Person ” means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.

(b) “ State of emergency ” has the meaning ascribed in Section 33-15-5 .

(c) “ Local emergency ” has the meaning ascribed in Section 33-15-5 .

(d) “ Emergency impact area ” has the meaning ascribed in Section 33-15-5 .

(e) “ Value received ” means the consideration or payment given for the purchase of goods and services.

(2) Whenever, under the Mississippi Emergency Management Law, Sections 33-15-1 through 33-15-49 , a state of emergency or a local emergency is declared to exist in this state, then the value received for all goods and services sold within the designated emergency impact area shall not exceed the prices ordinarily charged for comparable goods or services in the same market area at or immediately before the declaration of a state of emergency or local emergency. However, the value received may include: any expenses, the cost of the goods and services which are necessarily incurred in procuring such goods and services during a state of emergency or local emergency. The prices ordinarily charged for comparable goods or services in the same market area do not include temporarily discounted goods or services. The same market area does not necessarily mean a single provider of goods or services.

(3) Any person who knowingly and willfully violates subsection (2) of this section, when the total value received during a twenty-four-hour period is Five Hundred Dollars ($500.00) or more, shall be guilty of a felony and upon conviction shall be punished by confinement for a term of not less than one (1) year nor more than five (5) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.

(4) Any person who knowingly and willfully violates subsection (2) of this section, when the total value received during a twenty-four-hour period is less than Five Hundred Dollars ($500.00), shall be guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for a term not to exceed six (6) months, or both.

(5) For the purpose of determining the punishment to be imposed under subsections (3) and (4) of this section, the value received during a twenty-four-hour period shall be aggregated.

(6) In addition to the criminal penalties prescribed in subsections (3) and (4), any knowing and willful violation of subsection (2) of this section shall be considered an unfair or deceptive trade practice subject to and governed by all the procedures and remedies available under the provisions of this chapter for enforcement of prohibited acts and practices contained therein.
Miss. Code Ann. § 75-58-21 — MS Code / Title 75 / Chapter 12 / Section 58-21
Miss. Code Ann. § 75-58-21
Status: in_force

This chapter does not affect contractual rights and duties existing before July 1, 1991.
Miss. Code Ann. § 75-35-33 — MS Code / Title 75 / Chapter 12 / Section 35-33
Miss. Code Ann. § 75-35-33
Status: in_force

The commissioner may by regulations prescribe conditions under which carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, goats, horses, mules, or other equines, capable of use as human food, shall be stored or otherwise handled by any person, firm, or corporation engaged in the business of buying, selling, freezing, storing, or transporting, in or for intrastate commerce, such articles, whenever the commissioner deems such action necessary to assure that such items or products will not be adulterated or misbranded when delivered to the consumer. Violation of any such regulation is prohibited.
Miss. Code Ann. § 75-53-9 — MS Code / Title 75 / Chapter 12 / Section 53-9
Miss. Code Ann. § 75-53-9
Status: in_force

The state chemist is hereby charged with the enforcement of the provisions of this chapter. He shall also prepare such rules and regulations as are necessary to carry its intent and purpose into effect. The collection, examination, and analysis of specimens of paint, putty, linseed oil and other paint oils, turpentine, and varnish shall be carried out under his direction by duly authorized inspectors and analysis.
Miss. Code Ann. § 75-24-169 — MS Code / Title 75 / Chapter 12 / Section 24-169
Miss. Code Ann. § 75-24-169
Status: in_force

(1) If an advertisement for a rental-purchase agreement refers to or states the dollar amount of the periodic payment for a specific item and refers to or states that the consumer has the right to acquire ownership of that item, the advertisement shall also clearly and conspicuously state the following, as applicable:

(a) That the transaction advertised is a rental-purchase agreement;

(b) The total number of payments necessary to acquire ownership of the item; and

(c) That the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid.

(2) Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.

(3) The provisions of subsection (1) of this section shall not apply to an advertisement which does not refer to or state the amount of any payment or which is published in the yellow pages of a telephone directory or in any similar directory of business.
Miss. Code Ann. § 75-57-111 — MS Code / Title 75 / Chapter 12 / Section 57-111
Miss. Code Ann. § 75-57-111
Status: in_force

In order to increase compliance and to reduce the burden of regulation, the board shall seek consistency between its regulations and those regulations adopted by the departments and agencies of the United States Government.
Miss. Code Ann. § 75-55-23 — MS Code / Title 75 / Chapter 12 / Section 55-23
Miss. Code Ann. § 75-55-23
Status: in_force

The Commissioner of Agriculture and Commerce (the “commissioner”) and his agents and employees shall have full access, ingress and egress, at all reasonable hours, to any place or building wherein internal combustion engine fuels, lubricating oils or other like products are stored, transported, sold, offered or exposed for sale. The commissioner and his agents or employees may open for inspection any case, package or other container, tank, pump, tank car, storage tank, stationary engine or tractor, and enter upon any barge, vessel or other vehicle of transportation and, with instruments conforming to the standards of weights and measures most recently adopted by the Division of Institute of Standards and Technology of the United States Department of Commerce, check any measuring device of the volume or weight of contents of any container. Furthermore, the commissioner and his agents or employees may take samples, not exceeding one (1) gallon, for analysis.

Any distributor or other person failing or refusing to permit the commissioner and his agents and employees to exercise any right or authority granted the Mississippi Department of Agriculture and Commerce under the provisions of this section, shall be guilty of a misdemeanor for the first offense, and, upon conviction, shall be punishable by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for sixty (60) days, or by both such fine and imprisonment. Any person guilty of a second violation of this section shall, in addition to the other penalty provided herein, be enjoined from continuing in the gasoline, alcohol blended fuel, diesel fuel, kerosene or oil business in this state for a period of not less than one (1) year nor more than five (5) years, and any judge or chancellor now authorized to grant injunctions shall grant an injunction enjoining said distributor or other person from continuing in the gasoline, alcohol blended fuel, diesel fuel, kerosene or oil business for the period prescribed by this section, provided that no injunction shall be issued unless not less than five (5) days' notice is given in the manner prescribed by law.

Any room, house, building, boat, vehicle, structure or place where any petroleum product is received, stored, manufactured, refined, distilled, blended, compounded, sold or distributed in violation of this chapter, and any such petroleum product and all property kept and used in maintaining the same, is hereby declared to be a common nuisance. If such nuisance be found to exist, any judge or chancellor authorized to issue injunctions may issue an injunction, enjoining and restraining the continuance of such nuisance for a period of not less than three (3) months, nor more than one (1) year.
Miss. Code Ann. § 75-57-57 — MS Code / Title 75 / Chapter 12 / Section 57-57
Miss. Code Ann. § 75-57-57
Status: in_force

Any person, firm or corporation operating or engaging in the business of selling or installing liquefied compressed gas containers or systems, or in the business of selling or distributing liquefied compressed gas or appliances without first having secured a permit from the State Liquefied Compressed Gas Board as provided by this chapter, or any person, firm or corporation who shall be convicted for a second or subsequent offense of willfully violating any of the provisions of this chapter, may be enjoined from engaging in the business as a distributor of liquefied compressed gas or appliances, either wholesale or retail, or in the business of selling or installing liquefied compressed gas containers, appliances or systems in the State of Mississippi for a period of not less than one (1) year, nor more than five (5) years. Any judge or chancellor in this state, authorized to grant injunctions, may grant an injunction as authorized by this section, provided that no such injunction shall be granted unless proper notice as required by law shall have first been given to such person, firm or corporation.
Miss. Code Ann. § 75-21-11 — MS Code / Title 75 / Chapter 12 / Section 21-11
Miss. Code Ann. § 75-21-11
Status: in_force

Every contract or agreement to enter into or pursue any trust and combine, and every contract or agreement made by another with any trust and combine, or with any member of a trust and combine for any purpose relative to the business of such trust and combine, is void, and cannot be enforced in any court.
Miss. Code Ann. § 75-21-21 — MS Code / Title 75 / Chapter 12 / Section 21-21
Miss. Code Ann. § 75-21-21
Status: in_force

Like proceedings against any two or more of any number of corporations or individuals, or of corporations and individuals believed to be parties to any trust and combine, may be brought in the county where the trust and combine was formed, or where it exists or is carried on, promoted, operated, practiced, employed, used or enjoyed; or in any county in which either of the defendants may have a domicile, or where an officer or agent of any defendant corporation may be found. And all such proceedings may be prosecuted to final judgment or decree against any one or more of the defendants thereto, notwithstanding there may be a dismissal, acquittal, verdict, judgment or decree in favor of the local or any other defendant.
Miss. Code Ann. § 75-29-7 — MS Code / Title 75 / Chapter 12 / Section 29-7
Miss. Code Ann. § 75-29-7
Status: in_force

The term “food” as used in this article shall include every article used for, or entering into the composition of, or used or intended for use in the preparation of food or drink for human consumption, whether simple, mixed or compound.
Miss. Code Ann. § 75-43-41 — MS Code / Title 75 / Chapter 12 / Section 43-41
Miss. Code Ann. § 75-43-41
Status: in_force

At least one (1) actual or skeleton copy of all receipts shall be made and retained by the commissioner, and all copies shall have clearly and conspicuously printed or stamped on them the words “Copy-Not Negotiable.”
Miss. Code Ann. § 75-44-57 — MS Code / Title 75 / Chapter 12 / Section 44-57
Miss. Code Ann. § 75-44-57
Status: in_force

A grain warehouseman shall not deliver grain for which he has issued a negotiable receipt until the receipt has been returned to him and cancelled, and shall not deliver grain for which he has issued a nonnegotiable receipt until he has received authority from the person lawfully entitled to such delivery, or his authorized agent.
Miss. Code Ann. § 75-56-21 — MS Code / Title 75 / Chapter 12 / Section 56-21
Miss. Code Ann. § 75-56-21
Status: in_force

(1) When the Commissioner of Agriculture and Commerce finds any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant being distributed in violation of Section 75-56-19 of this chapter, or of any of the rules and prescribed regulations duly promulgated and adopted under this chapter, he may issue and enforce a written or printed “stop sale” or “withdrawal from distribution” order, warning the distributor not to dispose of any of the lot of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant in any manner until written permission is given by the commissioner or the court. Copies of such orders shall also be sent by registered mail to the registrant and to the person whose name and address appears on the labeling of the antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant. The commissioner shall release for distribution the lot of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant so withdrawn when said Section 75-56-19 and applicable rules and regulations have been complied with. If compliance is not obtained within thirty (30) days, the commissioner may begin proceedings for condemnation.

(2) Any lot of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant not in compliance with such provisions and regulations shall be subject to seizure upon complaint of the commissioner to the district court in the county in which the product is located. In the event the court finds the product to be in violation of this chapter, it may then order the condemnation of the product and the product shall be disposed of in any manner consistent with the rules and regulations of the Department of Agriculture and Commerce and the laws and regulations of the federal and state governments at the expense of the claimants thereof; however, in no instance shall the disposition of the product be ordered by the court without first giving thirty (30) days' notice, by registered mail at his last known address, to the owner of same, if he is known to the commissioner and to the registrant, if the product is registered, at the address shown on the label or on the registration certificate, so that such persons may apply to the court for the release of the product or for permission to process or relabel the product so as to bring it into compliance with this chapter.

(3) A copy of the analysis made by the Mississippi State Chemical Laboratory of any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant certified by the State Chemist shall be administered as evidence in any court of the state on trial of any issue involving the merits of antifreeze or engine coolant as defined and covered by this chapter.

(4) When the commissioner finds any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant being distributed in violation of any of the provisions of this chapter, he may request, and the person who is primarily responsible for the product must promptly supply to him, the distribution data for such product in this state, so as to assure that violative products are not further distributed herein and that an orderly withdrawal from distribution may be attained where necessary to protect the public interest.
Miss. Code Ann. § 75-15-21 — MS Code / Title 75 / Chapter 12 / Section 15-21
Miss. Code Ann. § 75-15-21
Status: in_force

Nothing in this chapter shall be deemed to require a licensee to list agents which are exempt by the provisions of Section 75-15-7 of this chapter.
Miss. Code Ann. § 75-25-33 — MS Code / Title 75 / Chapter 12 / Section 25-33
Miss. Code Ann. § 75-25-33
Status: in_force

Fees required by this chapter shall be submitted to the secretary and shall not be refundable. The amount of such fees shall be as follows:

Resident Application

$ 50.00

Nonresident Application

$ 60.00

Resident Renewal

$ 50.00

Nonresident Renewal

$ 60.00

Assignment

$ 50.00
Miss. Code Ann. § 75-24-207 — MS Code / Title 75 / Chapter 12 / Section 24-207
Miss. Code Ann. § 75-24-207
Status: in_force

(1) On a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided under Section 75-24-201 , a consumer reporting agency shall remove a security freeze within three (3) business days after the agency receives the request.

(2) On a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided under Section 75-24-201 , a consumer reporting agency shall, within three (3) business days after the agency receives the request, temporarily lift the security freeze for:

(a) A certain properly designated period; or

(b) A certain properly identified requester.

(3) A consumer reporting agency may develop procedures involving the use of a telephone, a facsimile machine, the Internet or another electronic medium to receive and process a request from a consumer under this section.

(4) A consumer reporting agency shall remove a security freeze placed on a consumer file if the security freeze was placed due to a material misrepresentation of fact by the consumer. The consumer reporting agency shall notify the consumer in writing before removing the security freeze under this subsection.

(5) A consumer reporting agency may not charge a fee for a request under subsection (1) or (2).
Miss. Code Ann. § 75-24-51 — MS Code / Title 75 / Chapter 12 / Section 24-51
Miss. Code Ann. § 75-24-51
Status: in_force

As used in Sections 75-24-51 through 75-24-61 , the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a) The term “goods” includes any personal property, real property, or any combination thereof;

(b) The term “person” includes an individual, corporation, trust, estate, partnership, unincorporated association, or any other legal or commercial entity;

(c) “ Franchise ” means a written arrangement for a definite or indefinite period, in which a person for a consideration grants to another person a license to use a trade name, trademark, service mark, or related characteristic, and in which there is a community of interest in the marketing of goods or services at wholesale, retail, by lease, agreement or otherwise; except that, the term “franchise” shall not apply to persons engaged in sales from warehouses or like places of storage, leased departments of retail stores, or places of original manufacture; and

(d) “Consideration” as used in Sections 75-24-51 through 75-24-61 does not include payment for sales demonstration equipment and materials furnished at cost for use in making sales and not for resale or payments amounting to less than One Hundred Dollars ($100.00) when computed on an annual basis.
Miss. Code Ann. § 75-31-65 — MS Code / Title 75 / Chapter 12 / Section 31-65
Miss. Code Ann. § 75-31-65
Status: in_force

(1) The State Board of Health shall:

(a) Exercise general supervision over the production, processing and sale of milk and milk products and the processing and sale of frozen desserts.

(b) Adopt, modify, repeal and promulgate rules and regulations, after due notice and hearing, and, where not otherwise prohibited by federal law or state law, make exceptions to, grant exemptions from and enforce rules and regulations implementing or effectuating the duties of the board under this section to protect the public health.

(c) Use the most current edition of the Pasteurized Milk Ordinance, or its successor, as the basis for regulation of Grade “A” milk and milk products. Unless as otherwise provided by law, the board, in its discretion, may amend, modify or make additions to the Pasteurized Milk Ordinance if the board determines that such amendment, modification or addition is in the best interest of public health.

(2) The board shall assess fees in the following amount and for the following purpose:

Milk product processing plant annual permit fee$300.00

Frozen dessert processing plant annual permit fee$300.00

Any increase in the fees charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65 .

The fees authorized under this subsection shall not be assessed for milk or frozen dessert processing plants operated by public schools, by public junior colleges or by state agencies or institutions, including, without limitation, the state institutions of higher learning.

(3) Incidental sales of raw goat milk shall be legal if:

(a) The milk is sold directly to the consumer on the premises where the milk is produced;

(b) No more than nine (9) producing goats are located on the premises where the milk is produced;

(c) The person selling the milk does not advertise the milk for sale; and

(d) The following conditions, which apply to the milking of goats involved in legal incidental sales of raw goat milk, are satisfied:

(i) The milking takes place in a clean environment on a cement or comparable floor;

(ii) The milking place is enclosed by a wall and/or a screen to prevent insects from entering the milking area;

(iii) A fly strap is located in the milking area; and

(iv) Sterile containers are used in the milking process and for storage.

It shall not be unlawful to store raw goat milk in a separate sterile place from pasteurized goat milk. The Cooperative Extension Service at Alcorn State University shall publish and make available literature on the requirements of this subsection, and other related milk-goat maintenance, explaining the recommended care of milk goats and the process of goat milk production and other related subjects. For the purposes of this subsection, the term “ incidental sales ” means sales from a farm where not more than nine (9) goats are producing milk.

(4) For purposes of this section, the term “ person ” includes an individual, firm, partnership, association or corporation, foreign or domestic.

(5) All fees collected by the board under this section shall be paid into a special fund within the Department of Health to be used by the department to discharge its duties under this section.

(6) Any person coming within the provisions of this section who fails to comply with or violates any of the provisions of this section or regulations promulgated thereunder, unless otherwise specifically provided in this section, is guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) or confined in jail for not more than sixty (60) days, or both.

(7) Any person who sells or offers for sale adulterated milk or milk products or cream or frozen desserts or any milk or cream having therein any foreign substance or coloring matter or any chemicals or preservatives, whether for the purpose of increasing the quantity of milk or cream or for improving its appearance or for the purpose of preserving the condition of sweetness thereof, or for any other purpose whatsoever, or unpasteurized milk or milk products except as otherwise authorized by law, is guilty of a misdemeanor, and, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00) or confined in jail not more than sixty (60) days, or both; however, nothing in this subsection shall be construed to prevent the addition of vitamins to milk or milk products in accordance with the rules and regulations promulgated by the board or to prohibit the sale of pasteurized milk or cream or frozen desserts except unlawful cream or unlawful milk products or unlawful frozen desserts as defined in the rules and regulations promulgated by the board.

(8)(a) Any person doing business in the State of Mississippi and engaged in the production, manufacture, sale or distribution of any dairy products that, for the purpose of destroying the business of a competitor in any locality or creating a monopoly, discriminates between different sections, localities, communities, cities or towns of the state by selling such commodity at a lower rate or price in one (1) section, locality, community, city or town than such commodity is sold by such person in any other section, locality, community, city or town, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of the transportation from the point of production or purchase, if a raw product, to the place of sale, storage or distribution, is guilty of unfair discrimination, which is prohibited and declared unlawful; however, prices made to meet competition in such section, locality, community, city or town shall not be in violation of this subsection.

(b) Any person doing business in the State of Mississippi and engaged in the business of purchasing for manufacture, storage, sale or distribution of any dairy product, that, for the purpose of destroying the business of a competitor or creating a monopoly, discriminates between different sections, localities, communities, cities or towns in the state by purchasing such commodity at a higher rate or price in one (1) section, locality, community, city or town than is paid for such commodity by such person in any other section, locality, community, city or town, after making due allowance for the difference, if any, in the grade or quality, and in the actual cost of transportation from the point of purchase to the point of manufacture, sale or distribution or storage, is guilty of unfair discrimination, which is prohibited and declared to be unlawful; however, prices made to meet competition in such locality, section, community, city or town shall not be a violation of this subsection.

(c) Any person convicted of a violation of this subsection, shall be fined not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or shall be imprisoned in jail not more than twelve (12) months, or both.

(9) Nothing in this section shall be construed to apply to any person who does not sell his milk, cream, butter or other products mentioned herein to others.
Miss. Code Ann. § 75-24-29 — MS Code / Title 75 / Chapter 12 / Section 24-29
Miss. Code Ann. § 75-24-29
Status: in_force

(1) This section applies to any person who conducts business in this state and who, in the ordinary course of the person's business functions, owns, licenses or maintains personal information of any resident of this state.

(2) For purposes of this section, the following terms shall have the meanings ascribed unless the context clearly requires otherwise:

(a) “ Breach of security ” means unauthorized acquisition of electronic files, media, databases or computerized data containing personal information of any resident of this state when access to the personal information has not been secured by encryption or by any other method or technology that renders the personal information unreadable or unusable;

(b) “ Personal information ” means an individual's first name or first initial and last name in combination with any one or more of the following data elements:

(i) Social security number;

(ii) Driver's license number, state identification card number or tribal identification card number; or

(iii) An account number or credit or debit card number in combination with any required security code, access code or password that would permit access to an individual's financial account; “personal information” does not include publicly available information that is lawfully made available to the general public from federal, state or local government records or widely distributed media;

(iv) “ Affected individual ” means any individual who is a resident of this state whose personal information was, or is reasonably believed to have been, intentionally acquired by an unauthorized person through a breach of security.

(3) A person who conducts business in this state shall disclose any breach of security to all affected individuals. The disclosure shall be made without unreasonable delay, subject to the provisions of subsections (4) and (5) of this section and the completion of an investigation by the person to determine the nature and scope of the incident, to identify the affected individuals, or to restore the reasonable integrity of the data system. Notification shall not be required if, after an appropriate investigation, the person reasonably determines that the breach will not likely result in harm to the affected individuals.

(4) Any person who conducts business in this state that maintains computerized data which includes personal information that the person does not own or license shall notify the owner or licensee of the information of any breach of the security of the data as soon as practicable following its discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person for fraudulent purposes.

(5) Any notification required by this section shall be delayed for a reasonable period of time if a law enforcement agency determines that the notification will impede a criminal investigation or national security and the law enforcement agency has made a request that the notification be delayed. Any such delayed notification shall be made after the law enforcement agency determines that notification will not compromise the criminal investigation or national security and so notifies the person of that determination.

(6) Any notice required by the provisions of this section may be provided by one (1) of the following methods: (a) written notice; (b) telephone notice; (c) electronic notice, if the person's primary means of communication with the affected individuals is by electronic means or if the notice is consistent with the provisions regarding electronic records and signatures set forth in 15 USCS 7001 ; or (d) substitute notice, provided the person demonstrates that the cost of providing notice in accordance with paragraph (a), (b) or (c) of this subsection would exceed Five Thousand Dollars ($5,000.00), that the affected class of subject persons to be notified exceeds five thousand (5,000) individuals or the person does not have sufficient contact information. Substitute notice shall consist of the following: electronic mail notice when the person has an electronic mail address for the affected individuals; conspicuous posting of the notice on the website of the person if the person maintains one; and notification to major statewide media, including newspapers, radio and television.

(7) Any person who conducts business in this state that maintains its own security breach procedures as part of an information security policy for the treatment of personal information, and otherwise complies with the timing requirements of this section, shall be deemed to be in compliance with the security breach notification requirements of this section if the person notifies affected individuals in accordance with the person's policies in the event of a breach of security. Any person that maintains such a security breach procedure pursuant to the rules, regulations, procedures or guidelines established by the primary or federal functional regulator, as defined in 15 USCS 6809(2) , shall be deemed to be in compliance with the security breach notification requirements of this section, provided the person notifies affected individuals in accordance with the policies or the rules, regulations, procedures or guidelines established by the primary or federal functional regulator in the event of a breach of security of the system.

(8) Failure to comply with the requirements of this section shall constitute an unfair trade practice and shall be enforced by the Attorney General; however, nothing in this section may be construed to create a private right of action.
Miss. Code Ann. § 75-39-5 — MS Code / Title 75 / Chapter 12 / Section 39-5
Miss. Code Ann. § 75-39-5
Status: in_force

Any person who desires to offer baby chicks for sale at any auction or auction sale barn or community sale, shall apply for a permit so to do to the state veterinarian or the livestock sanitary board, on a form which shall be prescribed and furnished by the livestock sanitary board. The application shall be signed by the person who proposes to conduct such sale, together with the person who owns the property in or on which such sale is to be conducted, if the person who proposes to conduct such sales does not own such property. The application shall designate the date of the proposed sale, the number, breed, and variety of the chicks which are to be offered for sale and the person by whom they were produced, and shall be accompanied by a fee in the sum of fifteen dollars ($15.00) for each and every day or fraction thereof during or on which it is proposed to sell such baby chicks. The state livestock sanitary board or the state veterinarian are hereby authorized in its or his discretion to grant or to deny the permit requested in such application, and, if deemed necessary or advisable, to require the applicant to submit a certificate, in such form as the livestock sanitary board or the state veterinarian may prescribe, certifying that the baby chicks which are to be offered for sale are in a healthy condition and free from such diseases as the board or state veterinarian may designate.
Miss. Code Ann. § 75-29-9 — MS Code / Title 75 / Chapter 12 / Section 29-9
Miss. Code Ann. § 75-29-9
Status: in_force

An article shall be deemed to be misbranded:

First.-If it be an imitation of or offered for sale under the name of another article.

Second.-If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package.

Third.-If the package containing it or its label shall bear any statement, design or device regarding the ingredients of the substances contained therein, which statement, design or device shall be false in any particular.
Miss. Code Ann. § 75-24-13 — MS Code / Title 75 / Chapter 12 / Section 24-13
Miss. Code Ann. § 75-24-13
Status: in_force

When a receiver is appointed by the court pursuant to this chapter, he shall have the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, derived by means of any practice prohibited by this chapter, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and collect or to bring suit to collect in the name of the state for and on behalf of the owner of any chose in action, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use of employment of any practices prohibited by this chapter, and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. The receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
Miss. Code Ann. § 75-47-29 — MS Code / Title 75 / Chapter 12 / Section 47-29
Miss. Code Ann. § 75-47-29
Status: in_force

Sections 75-27-1 through 75-27-67 shall be applicable with respect to the regulation and checking of the measure and weight of commercial fertilizers.
Miss. Code Ann. § 75-31-501 — MS Code / Title 75 / Chapter 12 / Section 31-501
Miss. Code Ann. § 75-31-501
Status: in_force

This article shall be entitled the “Milk Processor's Regulation Act of 1988.”
Miss. Code Ann. § 75-57-15 — MS Code / Title 75 / Chapter 12 / Section 57-15
Miss. Code Ann. § 75-57-15
Status: in_force

(1) Before any person, firm or corporation shall enter the liquefied petroleum gas business as a distributor of liquefied petroleum gas, who plans to make retail or wholesale tank truck deliveries to consumer, and before a permit may be granted as required by Section 75-57-49 , such person, firm or corporation shall locate, within the State of Mississippi, a propane storage container of not less than fourteen thousand (14,000) water gallons capacity and an aggregate total of propane storage containers of not less than thirty thousand (30,000) water gallons capacity for each such permit granted; and provided further, that nothing herein contained shall be construed to apply to a liquefied petroleum gas distributor operating retail service stations who does not operate a delivery tank truck to ultimate consumer. Storage containers used in connection with industrial, agricultural, manufacturing, processing or commercial enterprises will not necessarily meet the requirements of this section.

(2) All storage facilities shall meet the Insurance Commissioner's approval, and he or she is hereby vested with the sole and exclusive power and authority to administer and enforce the provisions of this section.

(3) Nothing in this section shall affect a permit granted to a person, firm or corporation before July 1, 1991.
Miss. Code Ann. § 75-27-47 — MS Code / Title 75 / Chapter 12 / Section 27-47
Miss. Code Ann. § 75-27-47
Status: in_force

Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic quantity of contents of the package as is required by law or regulation to appear on the package. Provided, that in connection with the declaration required under this section there shall be declared neither the qualifying term “when packed” nor any other words of similar import, nor any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity in the package.
Miss. Code Ann. § 75-23-13 — MS Code / Title 75 / Chapter 12 / Section 23-13
Miss. Code Ann. § 75-23-13
Status: in_force

The provisions of the Unfair Cigarette Sales Law shall not apply to a sale at wholesale or a sale at retail made (a) in an isolated transaction and not in the usual course of business; (b) where cigarettes are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such cigarettes, and said advertising, offer to sell, or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold; (c) where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and said advertising, offer to sell, or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold; (d) where cigarettes are sold upon the final liquidation of a business; or (e) where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court; (f) the resale of any of the cigarettes purchased from sales under provisions (c) and (e) above.
Miss. Code Ann. § 75-29-105 — MS Code / Title 75 / Chapter 12 / Section 29-105
Miss. Code Ann. § 75-29-105
Status: in_force

Every inspector of food, before he enters on his duties, shall take and subscribe the following oath, to be attached to his commission: “I, A B, do swear [or affirm] that, as inspector of food for the __________, I will not knowingly or wilfully injure any person, or suffer any injury to be done by others, with my knowledge or consent; and I will, at all times and in all things, well and truly perform all the duties of the inspector of food for the __________ according to law, to the best of my ability, without fear, favor, or partiality. So help me God.” He shall give bond, with sufficient sureties, payable to the county, city, town, or village, in the sum of five hundred dollars ($500.00), conditioned for the faithful performance of his duties.
Miss. Code Ann. § 75-12-27 — MS Code / Title 75 / Chapter 12 / Section 12-27
Miss. Code Ann. § 75-12-27
Status: in_force

In an automated transaction, the following rules apply:

(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.

(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.

(3) The terms of the contract are determined by the substantive law applicable to it.
Miss. Code Ann. § 75-17-103 — MS Code / Title 75 / Chapter 12 / Section 17-103
Miss. Code Ann. § 75-17-103
Status: in_force

Unless otherwise provided by law, revenue bonds issued by the State of Mississippi or a county, municipality or political subdivision thereof and described in Sections 17-17-115 , 19-5-183 , 19-29-33 , 21-27-45 , 21-27-71 , 21-27-179 , 29-3-169 , 37-101-91 , 37-101-93 , 41-13-21 , 43-33-25 , 43-33-537 , 43-35-21 , 49-17-105 , 51-35-331 , 57-7-3 , 57-31-9 , 59-7-417 , 59-7-505 , 59-9-41 , 61-3-41 , 61-5-17 , 65-13-37 , 69-5-15 , 77-5-27 and 77-5-739, Mississippi Code of 1972 , shall not bear a greater overall maximum interest rate to maturity than thirteen percent (13%) per annum.
Miss. Code Ann. § 75-35-25 — MS Code / Title 75 / Chapter 12 / Section 35-25
Miss. Code Ann. § 75-35-25
Status: in_force

No person, firm, or corporation shall sell, transport, offer for sale or transportation, or receive for transportation, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the commissioner to show the kinds of animals from which they were derived. When required by the commissioner with respect to establishments at which inspection is maintained under this article, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which cattle, sheep, swine, or goats are slaughtered or their carcasses, parts thereof, meats or meat food products are prepared.
Miss. Code Ann. § 75-24-59 — MS Code / Title 75 / Chapter 12 / Section 24-59
Miss. Code Ann. § 75-24-59
Status: in_force

In addition to other penalties and remedies provided in Sections 75-24-51 through 75-24-61 , whenever it appears that any person is engaged or is about to engage in any act or practice which is prohibited by Sections 75-24-51 through 75-24-61 , the Attorney General may bring an action in the name of the state pursuant to the provisions of Section 75-24-9 in order to enjoin any such act or practice.
Miss. Code Ann. § 75-27-65 — MS Code / Title 75 / Chapter 12 / Section 27-65
Miss. Code Ann. § 75-27-65
Status: in_force

Prosecutions for violation of any provision of this article are declared to be valid and proper notwithstanding the existence of any other valid general or specific law of this state dealing with matters that may be the same as or similar to those covered by this article.
Miss. Code Ann. § 75-27-114 — MS Code / Title 75 / Chapter 12 / Section 27-114
Miss. Code Ann. § 75-27-114
Status: in_force

Notwithstanding any provision within this chapter to the contrary, natural gas motor fuels shall be sold as follows:

(a) Liquefied natural gas motor fuel shall be sold in diesel gallon equivalents defined as 6.06 pounds of liquefied natural gas; provided, however, that if the National Conference of Weights and Measures establishes a different definition of diesel gallon equivalent, such definition shall be used.

(b) Compressed natural gas motor fuel shall be sold in gasoline gallon equivalents. A gasoline gallon equivalent of CNG shall be defined as 5.660 pounds; provided, however, that if the National Conference on Weights and Measures establishes a different definition of gasoline gallon equivalent, such definition shall be used.
Miss. Code Ann. § 75-24-231 — MS Code / Title 75 / Chapter 12 / Section 24-231
Miss. Code Ann. § 75-24-231
Status: in_force

(1) Beginning January 1, 2011, all business entities and their agents providing credit card processing hardware or software to retail merchants for the transaction of business shall provide such hardware or software that meets the requirements of the Fair and Accurate Credit Transactions Act of 2003 and does not print on a receipt provided to the cardholder: (a) more than the last five (5) digits of the credit card or debit card account number, or (b) the expiration date of the credit card or debit card.

(2) The provisions of subsection (1) of this section apply only to receipts that are electronically printed and do not apply to transactions in which the sole means of recording the cardholder's credit card or debit card account number is by handwriting or by an imprint or copy of the credit card or debit card.

(3) Any business entity providing credit card processing hardware or software to retail merchants who willfully violates the provisions of subsection (1) of this section shall be subject to a fine of not more than One Hundred Dollars ($100.00) for a first offense and not more than Five Hundred Dollars ($500.00) for a second offense, and shall be subject to a fine of not more than One Thousand Dollars ($1,000.00) for each subsequent offense.
Miss. Code Ann. § 75-15-11 — MS Code / Title 75 / Chapter 12 / Section 15-11
Miss. Code Ann. § 75-15-11
Status: in_force

Each application for a license shall be accompanied by:

(a) Certified financial statements, reasonably satisfactory to the commissioner, showing that the applicant has a net worth of at least Twenty-five Thousand Dollars ($25,000.00) plus Fifteen Thousand Dollars ($15,000.00) for each location in excess of one (1) at which the applicant proposes to conduct money transmissions in this state, computed according to generally accepted accounting principles, but in no event shall the net worth be required to be in excess of Two Hundred Fifty Thousand Dollars ($250,000.00).

(b) A surety bond issued by a bonding company or insurance company authorized to do business in this state, in the principal sum of Twenty-five Thousand Dollars ($25,000.00) or in an amount equal to outstanding money transmissions in Mississippi, whichever is greater, but in no event shall the bond be required to be in excess of Five Hundred Thousand Dollars ($500,000.00). However, the commissioner may increase the required amount of the bond upon the basis of the impaired financial condition of a licensee as evidenced by a reduction in net worth, financial losses or other relevant criteria. The bond shall be in form satisfactory to the commissioner and shall run to the state for the use and benefit of the Department of Banking and Consumer Finance and any claimants against the applicant or his agents to secure the faithful performance of the obligations of the applicant and his agents with respect to the receipt, handling, transmission and payment of money in connection with money transmissions in Mississippi. The aggregate liability of the surety in no event shall exceed the principal sum of the bond. The surety on the bond shall have the right to cancel the bond upon giving sixty (60) days' notice in writing to the commissioner and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of the cancellation. Any claimants against the applicant or his agents may themselves bring suit directly on the bond, or the Attorney General may bring suit thereon in behalf of those claimants, either in one (1) action or successive actions.

(c) In lieu of the corporate surety bond, the applicant may deposit with the State Treasurer bonds or other obligations of the United States or guaranteed by the United States or bonds or other obligations of this state or of any municipal corporation, county, or other political subdivision or agency of this state, or certificates of deposit of national or state banks doing business in Mississippi, having an aggregate market value at least equal to that of the corporate surety bond otherwise required. Those bonds or obligations or certificates of deposit shall be deposited with the State Treasurer to secure the same obligations as would a corporate surety bond, but the depositor shall be entitled to receive all interest and dividends thereon and shall have the right to substitute other bonds or obligations or certificates of deposit for those deposited, with the approval of the commissioner, and shall be required so to do on order of the commissioner made for good cause shown. The State Treasurer shall provide for custody of the bonds or obligations or certificates of deposits by a qualified trust company or bank located in the State of Mississippi or by any Federal Reserve Bank. The compensation, if any, of the custodian for acting as such under this section shall be paid by the depositing licensee.

(d) Proof of registration as a money service business per 31 CFR Section 103.41 , if applicable.

(e) A set of fingerprints from any local law enforcement agency for each owner of a sole proprietorship, partners in a partnership or principal owners of a limited liability company that own at least ten percent (10%) of the voting shares of the company, shareholders owning ten percent (10%) or more of the outstanding shares of the corporation, except publically traded corporations and their subsidiaries, and any other executive officer with significant oversight duties of the business. In order to determine the applicant's suitability for license, the commissioner shall forward the fingerprints to the Department of Public Safety for a state criminal history records check, and the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history records check. The department shall not issue a license if it finds that the applicant, or any person who is an owner, partner, director or executive officer of the applicant, has been convicted of: (i) a felony in any jurisdiction; or (ii) a crime that, if committed within the state, would constitute a felony under the laws of this state; or (iii) a misdemeanor of fraud, theft, forgery, bribery, embezzlement or making a fraudulent or false statement in any jurisdiction. For the purposes of this chapter, a person shall be deemed to have been convicted of a crime if the person has pleaded guilty to a crime before a court or federal magistrate, or plea of nolo contendere, or has been found guilty of a crime by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension of a sentence, unless the person convicted of the crime has received a pardon from the President of the United States or the Governor or other pardoning authority in the jurisdiction where the conviction was obtained.
Miss. Code Ann. § 75-21-35 — MS Code / Title 75 / Chapter 12 / Section 21-35
Miss. Code Ann. § 75-21-35
Status: in_force

Every corporation shall be answerable for any unlawful act, contract, agreement, arrangement, understanding or combination done, made or entered into for and on its behalf by any officer, stockholder, agent or attorney permitted or suffered to manage, direct, regulate or control its business in that particular, and such unlawful act, contract, agreement, arrangement, understanding or combination shall be deemed and held to have been done, made or entered into by the corporation itself as fully as if done, made or entered into by its board of directors by regular vote duly entered upon the minutes.
Miss. Code Ann. § 75-21-3 — MS Code / Title 75 / Chapter 12 / Section 21-3
Miss. Code Ann. § 75-21-3
Status: in_force

Any corporation, domestic or foreign, or individual, partnership, or association of persons whatsoever, who, with intent to accomplish the results herein prohibited or without such intent, shall accomplish such results to a degree inimical to public welfare, and shall thus:

(a) Restrain or attempt to restrain the freedom of trade or production;

(b) Or shall monopolize or attempt to monopolize the production, control or sale of any commodity, or the prosecution, management or control of any kind, class or description of business;

(c) Or shall engross forestall or attempt to engross or forestall any commodity;

(d) Or shall destroy or attempt to destroy competition in the manufacture or sale of a commodity, by selling or offering the same for sale at a lower price at one place in the state than another or buying or offering to buy a commodity at a higher price at one place in the state than another, differences of freight and other necessary expenses of sale and delivery considered;

(e) Or shall destroy or attempt to destroy competition by rendering any service or manipulating, handling or storing any commodity for a less price in one locality than in another, the differences in the necessary expenses of carrying on the business considered, shall be deemed and held a trust and combine within the meaning and purpose of this section, and shall be liable to the pains, penalties, fines, forfeitures, judgments, and recoveries denounced against trusts and combines and shall be proceeded against in manner and form herein provided, as in case of other trusts and combines.

It shall be sufficient to make out a prima facie case of a violation of subdivision (e) of this section to show lower charge for the service therein mentioned in one locality than another, or to show a higher price paid for a commodity in one locality than another, differences of freight and other necessary expenses of operating business considered.
Miss. Code Ann. § 75-29-21 — MS Code / Title 75 / Chapter 12 / Section 29-21
Miss. Code Ann. § 75-29-21
Status: in_force

In the discretion of the State Board of Health, samples or specimens for analysis may be taken by duly qualified and sworn inspectors. Whenever practicable, samples shall be taken by representatives of the board. The Office of the State Chemist shall have primary responsibility for providing chemical, physical and microbiological analytical services in support of regulatory programs provided for herein.
Miss. Code Ann. § 75-43-9 — MS Code / Title 75 / Chapter 12 / Section 43-9
Miss. Code Ann. § 75-43-9
Status: in_force

(1) When the application has been received by the commissioner, and the applicant has certified the grade of the grain and agreed to maintain and deliver the certified grade, as required by Section 75-43-7 , the commissioner shall immediately issue the applicant a warehouse receipt or receipts which shall be under his signature. The receipt shall conform to the requirements of Section 75-7-202 , and in addition shall embody within its written or printed terms the legal description of the land, the location of the warehouse or warehouses, and the quantity and grade of the grain stored in the warehouse.

(2) At the time the warehouse receipt or receipts are issued, the farm warehouseman shall place upon the warehouse or warehouses in a conspicuous place, a notice that the grain in his warehouse is under warehouse receipt, which notice shall contain a statement of the quantity and grade of the grain, the bins or containers which contain the grain covered by the receipt, and the date of the expiration of the warehouse license.

(3) A farm warehouseman shall not insert any language in any warehouse receipt or make any contract with respect to any warehouse receipt which purports to limit the liabilities or responsibilities imposed on him by law.
Miss. Code Ann. § 75-56-17 — MS Code / Title 75 / Chapter 12 / Section 56-17
Miss. Code Ann. § 75-56-17
Status: in_force

Antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant shall not contain visually identifiable suspended matter or sediment after mixing with the proper amount of water for use in an automotive internal combustion engine. The specifications for antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant shall not fall below the minimum specifications, if any, established by the American Society for Testing and Materials as described in the following for the type:

(a) Ethylene glycol base antifreeze or engine coolant for automobiles and light duty service shall meet specifications in the current version of American Society for Testing and Materials D 3306, Standard Specification for Ethylene Glycol Base Engine Coolant for Automobile and Light Duty Service.

(b) Propylene glycol base antifreeze or engine coolant for automobile and light duty service shall meet the specifications in the current version of American Society for Testing and Materials D 5216, Standard Specification for Propylene Glycol Base Engine Coolant for Automobile and Light Duty Service.

(c) Low silicate ethylene glycol base antifreeze or engine coolant for heavy duty automotive engines requiring an initial charge of supplemental coolant additive (SCA) shall meet the specifications in the current version of the American Society for the Testing and Materials D 4985, Low Silicate Ethylene Glycol Base Engine Coolant for Heavy Duty Engines Requiring an Initial Charge of Supplemental Coolant Additive (SCA).

(d) Prediluted antifreeze or prediluted engine coolant shall meet the specifications in the current version of the American Society for Testing and Materials D 4656, “Prediluted Ethylene Glycol Base Engine Coolant for automobiles and Light Duty Service.”

(e) The intent of this chapter is that requirements shall be kept current with subsequent amendments and editions of ASTM D 3306, D 5216, and D 4985 and D 4656.

(f) Other antifreeze or engine coolant including, but not limited to, prediluted antifreeze or engine coolant for automobiles and light duty service, recycled antifreeze or engine coolant for automobiles and light duty service, and recycled antifreeze of engine coolant for heavy duty automotive engines requiring an initial charge of supplemental coolant additive may be approved for registration by the State Chemist or his designated employees following submission of the label or labeling and a sample of the product as described in Section 75-56-9 . These products shall meet the specifications in the current version of the applicable ASTM standard specifications, if any.

(g) Materials such as methyl, ethyl or isopropyl alcohols, chemical salts, hydrocarbon-based compounds and sugars shall not be sold or offered for sale as antifreezes or engine coolants or prediluted antifreezes or prediluted engine coolants for automotive engines.
Miss. Code Ann. § 75-35-315 — MS Code / Title 75 / Chapter 12 / Section 35-315
Miss. Code Ann. § 75-35-315
Status: in_force

(1) For the purposes of this chapter, the commissioner shall at all reasonable times have access to, for the purpose of examination, and the right to copy, any documentary evidence of any person, firm, or corporation being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person, firm, or corporation relating to any matter under investigation. The commissioner may issue and sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence.

(2) Such attendance of witnesses, and the production of such documentary evidence, may be required at any designated place of hearing. In case of disobedience to a subpoena, the commissioner may invoke the aid of any court designated in Section 75-35-307 in requiring the attendance and testimony of witnesses and the production of documentary evidence.

(3) Any of the courts designated in Section 75-35-307 within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, firm, or corporation, issue an order requiring such person, firm, or corporation to appear before the commissioner, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(4) Upon the application of the attorney general of this state at the request of the commissioner, the circuit court shall have jurisdiction to issue writs of mandamus commanding any person, firm, or corporation to comply with the provisions of this chapter or any order of the commissioner made in pursuance thereof.

(5) The commissioner may order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the commissioner and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the commissioner as hereinbefore provided.

(6) Witnesses summoned before the commissioner shall be paid the same fees and mileage that are paid witnesses in the courts of this state, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in such courts.
Miss. Code Ann. § 75-23-37 — MS Code / Title 75 / Chapter 12 / Section 23-37
Miss. Code Ann. § 75-23-37
Status: in_force

(1) Upon finding a violation of this article or a regulation promulgated pursuant to this article, the commission may revoke or suspend the license or licenses of any permittee pursuant to the procedures set forth in Section 27-69-9 and may also impose on the permittee a civil penalty in an amount not to exceed the greater of five hundred percent (500%) of the retail value of the cigarettes involved or Five Thousand Dollars ($5,000.00).

(2) Cigarettes that are acquired, held, owned, possessed, transported in, imported into, or sold or distributed in this state in violation of this article shall be deemed contraband under Sections 27-69-53 through 27-69-57 and shall be subject to seizure and forfeiture as provided therein. Such cigarettes so seized and forfeited shall be destroyed. Such cigarettes shall be deemed contraband whether the violation of this article is knowing or otherwise.
Miss. Code Ann. § 75-23-39 — MS Code / Title 75 / Chapter 12 / Section 23-39
Miss. Code Ann. § 75-23-39
Status: in_force

For purposes of this chapter, cigarettes imported or reimported into the United States for sale or distribution under any trade name, trade dress or trademark that is the same as, or is confusingly similar to, any trade name, trade dress or trademark used for cigarettes manufactured in the United States for sale or distribution in the United States shall be presumed to have been purchased outside of the ordinary channels of trade.
Miss. Code Ann. § 75-44-3 — MS Code / Title 75 / Chapter 12 / Section 44-3
Miss. Code Ann. § 75-44-3
Status: in_force

(1) The provisions of this chapter shall apply to all grain warehouses and to the operations of such grain warehouses whether or not any of the grain therein is owned by the warehouseman, unless such grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended.

(2) The provisions and definitions of the Uniform Commercial Code relating to warehouse receipts to the extent not inconsistent with this chapter shall govern warehouse receipts issued by grain warehousemen.
Miss. Code Ann. § 75-29-27 — MS Code / Title 75 / Chapter 12 / Section 29-27
Miss. Code Ann. § 75-29-27
Status: in_force

(1) Whenever a duly authorized agent of the State Board of Health finds, or has probable cause to believe, that any food, as defined by this article, is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this article, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by an authorized agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission. All costs associated with an embargo or detention of food reasonably believed to be adulterated shall be borne by the owner thereof or his agent.

(2) When an article is adulterated or misbranded, the owner of the article may be proceeded against by petition to the judge of the county or circuit court in whose jurisdiction the article is located, detained or embargoed for a libel for condemnation of such article. When an authorized agent has found that an article which is embargoed or detained is not adulterated or misbranded, he shall remove the tag or other marking.

(3) If the court finds that a sampled, detained or embargoed article is adulterated or misbranded, such article, after entry of the decree, shall be destroyed at the expense of the owner thereof, under the supervision of an agent of the State Board of Health, and all court costs and fees, storage and other proper expenses shall be taxed against the owner of such article or his agent. When the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond, signifying that such article shall be so labeled or processed, has been executed, may by order direct that such article be delivered to the owner thereof or his agent for such labeling or processing under the supervision of an agent of the State Board of Health. The expense of such supervision shall be paid by owner of the article or his agent. The article shall be returned to the owner or his agent and the bond shall be discharged on the representation to the court by the State Board of Health that the article is no longer in violation of this article and that the expenses of such supervision have been paid.

(4) Whenever any authorized agent of the State Board of Health shall find in any room, building, vehicle of transportation or other structure, any perishable food articles that are unsound or contain any filthy, decomposed or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe, any agent of the State Board of Health shall immediately condemn or destroy the articles, or in any other manner render the articles unsalable as human food.
Miss. Code Ann. § 75-13-11 — MS Code / Title 75 / Chapter 12 / Section 13-11
Miss. Code Ann. § 75-13-11
Status: in_force

Nothing in any law of the State of Mississippi, shall in any manner whatsoever, affect the validity, or render void or voidable, the payment, certification or acceptance of a check, or other negotiable instrument, or any other transaction by a bank in this state, because done or performed on any legal holiday, except Sunday, provided such payment, certification, acceptance or other transaction would be valid if done or performed on a day other than a legal holiday or Sunday.
Miss. Code Ann. § 75-35-8 — MS Code / Title 75 / Chapter 12 / Section 35-8
Miss. Code Ann. § 75-35-8
Status: in_force

(1) For purposes of this chapter, the following methods of slaughtering and handling are declared to be humane:

(a) In the case of cattle, calves, horses, mules, sheep, swine, ratites, nontraditional livestock, rabbits and other livestock, all animals are to be rendered insensible to pain by a single blow or gunshot or by an electrical, chemical or other means which is rapid and effective before being shackled, hoisted, thrown, cast or cut; or

(b) By slaughtering and handling in connection with such slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

(2) In addition to the methods prescribed in subsection (1) of this section, the commissioner may designate as humane any methods of slaughtering and handling which have been so designated by the United States Secretary of Agriculture on or before April 7, 1981, pursuant to United States Code Section 7 - 1904 . The commissioner is further authorized to designate as humane other methods of slaughtering and handling which have been demonstrated by research, investigation and experimentation to be humane with reference to the speed and scope of slaughtering operations and with reference to other existing methods and then current scientific knowledge.
Miss. Code Ann. § 75-58-11 — MS Code / Title 75 / Chapter 12 / Section 58-11
Miss. Code Ann. § 75-58-11
Status: in_force

(a) Each consenting non-operator shall be responsible for and shall pay to the operator that consenting non-operator's share of direct and actual marketing expenses relating to the marketing of consenting non-operator's gas, including, but not limited to, capital expenses, third-party transportation costs, pipeline penalties, fines, refunds, reimbursements, adjustments, direct costs, and contractual liabilities to third parties. Consenting non-operators shall not be liable for damages resulting from operator's gross negligence or willful misconduct in fulfilling operator's obligations under this chapter. Nothing in this chapter shall be construed so as to impose any liability upon consenting non-operators except as provided by this chapter. In addition, each consenting non-operator shall pay to operator a marketing fee in an amount equal to two and one-half percent (2- 1 / 2 %) of consenting non-operator's monthly net proceeds; provided, however, the sum of all marketing fees received by operator from all consenting non-operators in a well shall not exceed Five Hundred Dollars ($500.00) per month, per well, as adjusted for inflation as herein provided. If the sum of the marketing fee, when based upon the above percentage of net proceeds, would exceed the limitation herein provided, as adjusted for inflation, then each consenting non-operator's marketing fee shall be determined by dividing its percentage ownership in the well by the total percentage ownership of all consenting non-operators in that well, and multiplying the resultant number by the currently effective well limitation. The well limitation of Five Hundred Dollars ($500.00) per month, per well shall be effective through January 31, 1993. On February 1, 1993, and each February 1 thereafter, the well limitation shall be adjusted for inflation by dividing the Consumer Price Index for All Urban Consumers (as published by the United States Department of Labor) for the prior calendar year by the same Consumer Price Index for calendar year 1991, and multiplying the resultant number by Five Hundred Dollars ($500.00). This calculation shall be performed and results published by the Mississippi Oil and Gas Board. At the election of operator, operator may deduct the marketing fees prior to paying the net proceeds to the consenting non-operators, or operator may submit invoices to the consenting non-operators for the marketing fees.

(b) If the operator has obtained a transportation contract with a third party prior to the date on which the application to drill is filed with the board and said contract contains a capacity or volume limitation, then the operator has the option of (1) having the consenting non-operator participate in this preexisting transportation contract (however, if the preexisting transportation contract contains a discount to the operator which is not generally available, then the operator may charge the consenting non-operator the undiscounted transportation tariff applicable to the transaction) or (2) make a good faith effort to secure a separate transportation contract for consenting non-operator's share of gas. If the operator has obtained a transportation contract with a third party prior to the date on which the application to drill is filed and said contract contains a provision which prevents operator from shipping consenting non-operator's gas under that transportation contract, then operator shall make a good faith effort to secure a separate transportation contract for consenting non-operator's share of gas. If the operator secures a separate transportation contract for consenting non-operator's share of gas, then consenting non-operator shall be liable to the operator for the actual cost of securing the separate transportation contract.

(c) This chapter shall not be construed as imposing fiduciary duties upon an operator marketing the gas of a consenting non-operator or creating a fiduciary relationship between the operator and a consenting non-operator.

(d) An operator shall in no event be held liable to any non-operator for any liability, damage, loss, cost or expense relating to the marketing of gas resulting from or arising out of any act or omission of the operator when the operator is acting in compliance with the terms and conditions of this chapter, except in the case of fraud, gross negligence or willful misconduct on the part of operator.

(e) Any sums due under this chapter from consenting non-operators to operator shall be paid to operator within thirty (30) days after receipt of demand from operator. In addition to the rights of the operator to collect all sums due, the operator has the right to deduct from the net proceeds received for any consenting non-operator's share of gas produced from a well, any amount owed with respect to that well by that consenting non-operator by virtue of this chapter.
Miss. Code Ann. § 75-45-182 — MS Code / Title 75 / Chapter 12 / Section 45-182
Miss. Code Ann. § 75-45-182
Status: in_force

(1) When a complaint is made against a person for violating any of the provisions of this article, or any of the rules and regulations promulgated hereunder, the Director of the Commercial Feed Division within the Mississippi Department of Agriculture and Commerce, or his designee, shall act as the reviewing officer. The complaint shall be in writing and shall be filed in the office of the Mississippi Department of Agriculture and Commerce (“department”). The reviewing officer shall deliver to the accused a copy of the complaint along with any supporting documents and a request for the accused to respond to the charges within thirty (30) days after service of the complaint upon the accused. Notification to the accused may be accomplished by certified mail or by an of the methods provided in Rule 4 of the Mississippi Rules of Civil Procedure . The accused shall respond in the form of a written answer along with all supporting documents. Upon expiration of the thirty-day period, the reviewing officer shall examine all pleadings and documents filed in the case for the purpose of determining the merit of the complaint, or the lack thereof. No evidentiary hearing shall be held at this stage.

If the reviewing officer determines that the complaint lacks merit, he may dismiss same. If he finds that there is substantial evidence showing that a violation of this article or the rules and regulations promulgated hereunder has occurred, the reviewing officer may impose any or all of the following penalties upon the accused: (a) levy a civil penalty in an amount of no more than One Thousand Dollars ($1,000.00) for each violation; (b) revoke or suspend any permit, license or registration issued to the accused under the terms of this article and accompanying regulations; (c) issue a stop sale order; (d) issue a “withdrawal from distribution” order; (e) require the accused to relabel any product offered for sale which is not labeled in accordance with the provisions of this article; or (f) seize any product that is not in compliance with this article and destroy, sell or otherwise dispose of the product and apply the proceeds of any such sale to the costs herein and any civil penalties levied hereunder, with the balance to be paid according to the law. If any costs or penalties assessed hereunder have not been paid, they may be collected through a court system. A copy of the reviewing officer's decision shall be sent to the accused by certified mail. Either the accused or the department may appeal the decision of the reviewing officer to the commissioner 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.

(2) In the event of an appeal, the commissioner, or his designee, shall conduct a hearing relative to the charges. At the hearing before the commissioner, or his designee, the matter shall be heard de novo; the department shall have subpoena power, the witnesses shall be placed under oath and shall be subject to direct and cross examination and the testimony shall be recorded. Compliance with such subpoenas may be enforced by any court of general jurisdiction in this state. The commissioner, or his designee, shall receive and hear all the evidence and arguments offered by both parties and shall afford the accused a full opportunity to present all his defenses.

Within a reasonable time after the hearing, the commissioner, or his designee, shall render an opinion, which either affirms, reverses or amends the order of the reviewing officer in whole or in part, and the order shall be final. A copy of the commissioner's order shall be sent to the accused by certified mail.

(3) Either the accused or the department may appeal the decision of the commissioner or his designee to the circuit court of the county of the 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 shall have the obligation of having the record transcribed and filing same 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 law and rules affecting such appeals.

(5) When 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, the commissioner or any of the department's field inspectors may issue an order to be effective immediately before notice and a hearing that imposes any or all of the following penalties upon the accused: (a) a stop sale order; (b) a “withdrawal from distribution” order; (c) a requirement that the accused relabel a product that he is offering for sale which is not labeled in accordance with this article; or (d) the seizure of any product that is not in compliance with this article and the destruction, sale or disposal of the product and the application of the proceeds of such sale to the costs and civil penalties herein, with the balance to be paid according to law. 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. If the accused makes such a request within the required 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 such time, then he will be deemed to have waived his right to same. 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, oral statements or any other method. The rules of evidence shall not apply. The reviewing officer's decision shall be in writing, and it shall be sent to the accused by certified mail. If either party is aggrieved by the order of the reviewing officer, he may appeal to the commissioner for a full evidentiary hearing in accordance with the procedures described in subsection (2) of this section, except that there shall be no requirement for a written complaint or answer to be filed by the parties. 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.
Miss. Code Ann. § 75-59-9 — MS Code / Title 75 / Chapter 12 / Section 59-9
Miss. Code Ann. § 75-59-9
Status: in_force

Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of five hundred dollars ($500.00) or by imprisonment of not more than six (6) months, or by both such fine and imprisonment.
Miss. Code Ann. § 75-21-39 — MS Code / Title 75 / Chapter 12 / Section 21-39
Miss. Code Ann. § 75-21-39
Status: in_force

No right, liability, pain, penalty, forfeiture, prosecution or suit under laws existing prior to the adoption of this chapter shall be in any wise affected thereby, but the same may be asserted, prosecuted, declared, inflicted and imposed under the laws in force prior to the adoption of this chapter. This chapter shall be liberally construed in all courts to the end that trusts and combines may be suppressed, and the benefits arising from competition in business preserved to the people of this state.
Miss. Code Ann. § 75-15-3 — MS Code / Title 75 / Chapter 12 / Section 15-3
Miss. Code Ann. § 75-15-3
Status: in_force

For the purposes of this chapter:

(a) “ Check ” means any check, draft, money order, personal money order or other instrument, including but not limited to stored value cards, for the transmission or payment of money. The format of a check may be either paper, electronic, plastic or any combination thereof.

(b) “ Commissioner ” means the Commissioner of Banking and Consumer Finance of the State of Mississippi.

(c) “ Deliver ” means to deliver a check to the first person who in payment for same makes or purports to make a remittance of or against the face amount thereof, whether or not the deliverer also charges a fee in addition to the face amount, and whether or not the deliverer signs the check.

(d) “ Executive officer ” means the licensee's president, chairman of the executive committee, senior officer responsible for the licensee's business, chief financial officer and any other person who performs similar functions.

(e) “ Licensee ” means a person duly licensed by the commissioner under this chapter.

(f) “ Monetary value ” means a medium of exchange, whether or not redeemable in money.

(g) “ Money transmission ” means to engage in the business of the sale or issuance of checks or of receiving money or monetary value for transmission to a location within or outside the United States by any and all means, including but not limited to wire, facsimile or electronic transfer.

(h) “ Outstanding check ” means any check issued or sold in Mississippi by or for the licensee that has been reported as sold but not yet paid by or for the licensee.

(i) “ Person ” means any individual, partnership, association, joint-stock association, trust or corporation, but does not include the United States government or the government of this state.

(j) “ Personal money order ” means any instrument for the transmission or payment of money in relation to which the purchaser or remitter appoints or purports to appoint the seller thereof as his agent for the receipt, transmission or handling of money, whether the instrument is signed by the seller or by the purchaser or remitter or some other person.

(k) “ Records ” or “ documents ” means any item in hard copy or produced in a format of storage commonly described as electronic, imaged, magnetic, microphotographic or otherwise, and any reproduction so made shall have the same force and effect as the original thereof and be admitted in evidence equally with the original.

(l) “ Sell ” means to sell, to issue or to deliver a check.

(m) “ Stored value ” means monetary value that is evidenced by an electronic record.
Miss. Code Ann. § 75-17-13 — MS Code / Title 75 / Chapter 12 / Section 17-13
Miss. Code Ann. § 75-17-13
Status: in_force

If any credit card is issued to a person who has not requested or accepted by use the issuance of such credit card, the issuer shall be liable to the person whose name appears on the credit card for any damages or expenses, or both, including attorney's fees, which the person incurs due to the use of such credit card without permission of the person to whom it is issued by any person other than the person to whom it is issued or members of his immediate family. Any person who shall willfully collect finance charges under a revolving charge agreement in excess of the maximum permitted under Section 75-17-19 shall be guilty of a misdemeanor, and, upon conviction, may be fined not more than Five Hundred Dollars ($500.00). Each account on which such excess finance charges shall be collected shall constitute a separate offense.
Miss. Code Ann. § 75-26-15 — MS Code / Title 75 / Chapter 12 / Section 26-15
Miss. Code Ann. § 75-26-15
Status: in_force

(1) Except as provided in subsection (2), this chapter displaces conflicting tort, restitutionary and other law of this state providing civil remedies for misappropriation of a trade secret.

(2) This chapter does not affect:

(a) Contractual remedies, whether or not based upon misappropriation of a trade secret;

(b) Other civil remedies that are not based upon misappropriation of a trade secret; or

(c) Criminal remedies, whether or not based upon misappropriation of a trade secret.
Miss. Code Ann. § 75-24-57 — MS Code / Title 75 / Chapter 12 / Section 24-57
Miss. Code Ann. § 75-24-57
Status: in_force

Any sales contract for a pyramid sales scheme made in violation of Section 75-24-53 is void and any person who, directly or through the use of agents or intermediaries, induces or causes another person to participate in a pyramid sales scheme will be subject to the remedy and proceedings authorized in Section 75-24-15 .

A franchisee suffering damage as a result of the failure to give notice as required of the cancellation or termination of a franchise, may institute legal proceedings under the provisions of Sections 75-24-51 through 75-24-61 against the franchisor who canceled or terminated his franchise in the county in which the franchisor or his agent resides or can be located or where the franchisee resides. When the franchisee prevails in any such action he may be awarded a recovery of damages sustained to include loss of goodwill, costs of the suit, and any equitable relief that the court deems proper.
Miss. Code Ann. § 75-49-17 — MS Code / Title 75 / Chapter 12 / Section 49-17
Miss. Code Ann. § 75-49-17
Status: in_force

No person may interfere, obstruct or hinder an authorized representative of the commissioner who displays proper department credentials in the performance of his duties as set forth in the provisions of this chapter.
Miss. Code Ann. § 75-35-313 — MS Code / Title 75 / Chapter 12 / Section 35-313
Miss. Code Ann. § 75-35-313
Status: in_force

The commissioner shall also have power:

(a) To gather and compile information concerning, and to investigate from time to time the organization, business, conduct, practices, and management of any person, firm, or corporation engaged in intrastate commerce, and the relation thereof to other persons, firms, and corporations;

(b) To require, by general or special orders, persons, firms, and corporations engaged in intrastate commerce, or any class of them, or any of them to file with the commissioner, in such form as the commissioner may prescribe, annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the commissioner such information as he may require as to the organization, business, conduct, practices, management, and relation to other persons, firms, and corporations, of the person, firm, or corporation filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise, as the commissioner may prescribe, and shall be filed with the commissioner within such reasonable period as the commissioner may prescribe, unless additional time be granted in any case by the commissioner.
Miss. Code Ann. § 75-44-53 — MS Code / Title 75 / Chapter 12 / Section 44-53
Miss. Code Ann. § 75-44-53
Status: in_force

The form of all receipts shall be approved by the commissioner. The commissioner shall be authorized to have printed by the state printer all warehouse receipts issued by grain warehousemen.
Miss. Code Ann. § 75-23-35 — MS Code / Title 75 / Chapter 12 / Section 23-35
Miss. Code Ann. § 75-23-35
Status: in_force

Any person who commits any of the acts prohibited by Section 75-23-33 , either knowing or having reason to know he is doing so, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment of not more than five (5) years, or both.
Miss. Code Ann. § 75-12-33 — MS Code / Title 75 / Chapter 12 / Section 12-33
Miss. Code Ann. § 75-12-33
Status: in_force

The executive authority of each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records subject to applicable policies and standards of the Mississippi Department of Information Technology Services and the Mississippi Department of Archives and History as may be adopted pursuant to law.
Miss. Code Ann. § 75-21-17 — MS Code / Title 75 / Chapter 12 / Section 21-17
Miss. Code Ann. § 75-21-17
Status: in_force

All sums of money to be paid on any contract on behalf of the state, or any county, municipality or levee board thereof, when the provision of Section 75-21-15 had been violated, shall not be collectible, nor shall the same be paid by any officer or board having the payment thereof.
Miss. Code Ann. § 75-44-5 — MS Code / Title 75 / Chapter 12 / Section 44-5
Miss. Code Ann. § 75-44-5
Status: in_force

When used in this chapter:

(a) “Person” includes individuals, corporations, partnerships and all associations of two (2) or more persons having a joint or common interest.

(b) The term “commissioner” shall mean the Commissioner of the Mississippi Department of Agriculture and Commerce, or his designated representative.

(c) “Grain” shall mean all grains for which standards have been established pursuant to the United States Grain Standards Act, as amended, and rice as defined by the Agriculture Marketing Act of 1946, as amended.

(d) “Stored grain” shall mean any grain received in any grain warehouse, located in this state, if same is not purchased and beneficially owned by the grain warehouseman.

(e) “Grain warehouse” shall mean any structure or combination of structures operated together, including the machinery and equipment used in connection therewith, in or by means or which grain is unloaded, elevated, stored, loaded for shipment, dried, cleaned, weighed, treated, conditioned or otherwise handled from producers of grain.

(f) “Grain warehouseman” shall mean any person who operates a grain warehouse as herein defined.

(g) “Inspector” shall mean a person authorized by the warehouseman to weigh, inspect, grade and/or certificate the weight and grade of grain stored or to be stored in a grain warehouse.

(h) “Warehouse receipt” shall mean a negotiable grain storage receipt and/or a nonnegotiable scale ticket given by a grain warehouse.
Miss. Code Ann. § 75-53-17 — MS Code / Title 75 / Chapter 12 / Section 53-17
Miss. Code Ann. § 75-53-17
Status: in_force

It shall be the duty of such district attorney to whom the state chemist shall report any violation of this chapter to cause proceedings to be commenced and prosecuted in the proper court without delay for the enforcement of the penalties herein provided in such cases.
Miss. Code Ann. § 75-47-5 — MS Code / Title 75 / Chapter 12 / Section 47-5
Miss. Code Ann. § 75-47-5
Status: in_force

(a) The term “commercial fertilizer” means any substance containing one or more recognized plant nutrient(s) which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum, and other products exempted by regulation of the commissioner and state chemist.

(1) A “fertilizer material” is a commercial fertilizer which either:

A. Contains important quantities of no more than one (1) of the primary plant nutrients (nitrogen, phosphoric acid and potash), or

B. Has approximately eighty-five (85%) of its plant nutrient content present in the form of a single chemical compound, or

C. Is derived from a plant or animal residue or by-product or a natural material deposit which has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration.

(2) A “mixed fertilizer” is a commercial fertilizer containing any combination or mixture of fertilizer materials in which is included at least two (2) primary plant food elements.

(3) A “specialty fertilizer” is a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries.

(4) A “bulk fertilizer” is a commercial fertilizer distributed in a nonpackaged form.

(b) The term “brand” means a term, design, or trademark used in connection with one or several grades of commercial fertilizer.

(c) Guaranteed Analysis:

(1) Until the commissioner and state chemist prescribe the alternative form of “guaranteed analysis” in accordance with the provisions of subparagraph (2) hereof, the term “guaranteed analysis” shall mean the minimum percentage of plant nutrients claimed in the following order and form:

A.

Total Nitrogen (N)․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․_____ percent

Available Phosphoric Acid (P 2 O 5 )․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․_____ percent

Soluble Potash (K 2 O)․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․_____ percent

B. For unacidulated mineral phosphatic materials, total phosphoric acid and degree of fineness must also be guaranteed, for basic slag degree of fineness must also be, and total phosphoric acid may be guaranteed. For bone, tankage and other organic phosphate materials, the total phosphoric acid and/or degree of fineness may also be guaranteed.

C. Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner and state chemist. The guarantees for such other nutrients shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and state chemist and with the advice of the director of the agricultural and forestry experimental station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the state chemist.

D. Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of fifty pounds per ton, when required by regulation.

(2) When the commissioner and state chemist find, after public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, they may require by regulation thereafter that the “guaranteed analysis” shall be in the following form:

Total Nitrogen (N)․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․_____ percent

Available Phosphorus (P)․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․_____ percent

Soluble potassium (K)․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․_____ percent

Provided, however, that the effective date of said regulation shall be not less than six (6) months following the issuance thereof, and provided, further, that for a period two (2) years following the effective date of said regulation the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash; provided, however, that after the effective date of a regulation issued under the provisions of this section, requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus, and potassium shall constitute the grade.

(d) The term “grade” means the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis. Provided, however, that fertilizer materials, bone meal, manures, and similar raw materials may be guaranteed in fractional units.

(e) The term “official sample” means any sample of commercial fertilizer taken by the commissioner or his agent and designated as “official” by the state chemist.

(f) The term “ton” means a net weight of two thousand (2,000) pounds avoirdupois.

(g) The term “percent” or “percentage” means the percentage by weight.

(h) The term “person” includes individual, partnership, association, firm and corporation.

(i) The term “distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters or otherwise supplies commercial fertilizer in this state.

(j) The term “registrant” or “guarantor” means the person who manufactures, blends, sells or offers fertilizer for sale under his name or brand, and who is registered with the Department of Agriculture and Commerce under the provisions of this chapter or rule or regulation adopted pursuant to this chapter.

(k) The term “label” means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer.

( l ) The term “labeling” means all written, printed or graphic matter, upon or accompanying any commercial fertilizer, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of such commercial fertilizers.

(m) The term “unit” means one percent (1%) of the nutrient referred to in a ton of fertilizer.
Miss. Code Ann. § 75-27-319 — MS Code / Title 75 / Chapter 12 / Section 27-319
Miss. Code Ann. § 75-27-319
Status: in_force

The Commissioner of Agriculture and Commerce of the State of Mississippi is hereby authorized, empowered and directed to administer and enforce this article and may prescribe, adopt and enforce rules and regulations as may be necessary to carry out the stated intent herein. The commissioner may delegate to one or more persons employed by the department of agriculture and commerce the authority to do and perform any and all of the functions required to be done and performed by the commissioner under this article.
Miss. Code Ann. § 75-23-17 — MS Code / Title 75 / Chapter 12 / Section 23-17
Miss. Code Ann. § 75-23-17
Status: in_force

Any contract, express or implied, made by any person in violation of any of the provisions of the Unfair Cigarette Sales Law, is illegal and void and no recovery shall be had thereon.
Miss. Code Ann. § 75-49-3 — MS Code / Title 75 / Chapter 12 / Section 49-3
Miss. Code Ann. § 75-49-3
Status: in_force

Unless clearly indicated otherwise by the context, the following words when used in this chapter, for the purpose of this chapter, shall have the meanings respectively ascribed to them in this section:

(a) “ Manufactured home ” means a structure defined by, and constructed in accordance with, the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended ( 42 USCS 5401 et seq. ), and manufactured after June 14, 1976.

(b) “ Mobile home ” means a structure manufactured before June 15, 1976, that is not constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended ( 42 USCS 5401 et seq. ). It is a structure that is transportable in one or more sections, that, in the traveling mode, is eight (8) body feet or more in width and thirty-two (32) body feet or more in length, or, when erected on site, is two hundred fifty-six (256) or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes any plumbing, heating, air conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the commissioner and complies with the standards established under this chapter.

(c) “ Modular home ” means a structure which is: (i) transportable in one or more sections; (ii) designed to be used as a dwelling when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems with the home; (iii) certified by its manufacturers as being constructed in accordance with a nationally recognized building code; and (iv) designed to be permanently installed at its final destination on an approved foundation constructed in compliance with a nationally recognized building code. The term “ modular home ” does not include manufactured housing as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974.

(d) “ Modular home contractor ” means a licensed residential building contractor or a licensed retailer who buys factory-built modular homes for resale to the general public, whether to be located on the consumer's home site or a land-home package on property owned by the modular home contractor. A Mississippi licensed modular home contractor is authorized to sell new modular homes for installation on a consumer's home site or as part of a land-home package without the necessity of maintaining a separate sales center. A modular home contractor shall be responsible for the installation requirements for modular housing as provided in Section IV of the rules and regulations for Uniform Standards Code for the Factory-built Homes as related to modular homes.

(e) “ Factory-built home ” means a mobile home, a manufactured home, and a modular home as those terms are defined herein.

(f) “ Commissioner ” means the Commissioner of Insurance of the State of Mississippi.

(g) “ Chief Deputy State Fire Marshal ” means the individual appointed by the Commissioner of Insurance, who, along with his employees, is designated by the commissioner to implement and enforce this chapter and to maintain, among other duties, the Factory Built Division of the Insurance Department.

(h) “ Division ” means the Factory Built Division of the State Fire Marshal's Office.

(i) “ Person ” means any individual, firm, corporation, partnership, association or other type of business entity.

(j) “ Retailer ” means any person engaged in the retail sale of new or used manufactured mobile or modular homes to the general public.

(k) “ Developer ” means any person who buys factory-built homes and real estate and then offers to sell or lease to the general public land-home “package deals” consisting of a home with real estate. Upon renewal of a license, a developer must provide documentation to the Department of Insurance that he or she has at least five (5) available manufactured or modular home sites. A developer shall be responsible for installation requirements for manufactured or modular housing as set forth in Section IV of the rules and regulations for the Uniform Standards Code for Factory-Built Homes Law.

(l) “ Independent contractor installer or transporter ” means any person who is engaged for hire in the movement or transportation, or both, or the installation, blocking, anchoring and tie-down of a factory-built home. An “independent contractor installer or transporter” shall not include persons who do not hold themselves out for hire to the general public for the purposes described in this definition.

(m) “ Manufacturer ” means any person engaged in the production (construction) of manufactured homes or modular homes.

(n) “ Installation ” means the assembly of a manufactured building, components of manufactured building on site and the process of affixing a manufactured building to land, a foundation, footings or an existing building and service connections which are a part thereof.
Miss. Code Ann. § 75-49-7 — MS Code / Title 75 / Chapter 12 / Section 49-7
Miss. Code Ann. § 75-49-7
Status: in_force

(1) No person may manufacture, sell or offer for sale, or transport or install any factory-built home which has been constructed after July 1, 1970, unless such manufactured home, its components, systems and appliances were constructed and assembled in accordance with rules of the commissioner issued to afford reasonable protection to persons and property with respect to the construction, assembly and sale of such factory-built homes, and unless compliance with such rules be evidenced in the manner required by the commissioner's rules.

(2) From and after July 1, 1992, no dealer, transporter or installer shall deliver or cause to be delivered any factory-built home to any person at any site where such home is to be used for human habitation without anchoring and blocking such home in accordance with rules, regulations and procedures promulgated by the commissioner pursuant to Section 75-49-5 ; provided, however, that a period of thirty (30) days from date of delivery shall be allowed for the anchoring and blocking of such homes.

(3) The requirements of this chapter with regard to any transporter of factory-built housing are in addition to the requirements of any other law currently in effect.
Miss. Code Ann. § 75-24-201 — MS Code / Title 75 / Chapter 12 / Section 24-201
Miss. Code Ann. § 75-24-201
Status: in_force

(1) On written request sent by certified mail that includes proper identification provided by a consumer and a copy of a valid police report, investigative report or complaint which the consumer has filed with a law enforcement agency regarding the unlawful use of the personal information of the consumer by another person, a consumer reporting agency shall place a security freeze on a consumer's consumer file not later than the fifth business day after the date the agency receives the request. A reporting agency may charge a consumer a reasonable fee not to exceed Ten Dollars ($10.00) to place a security freeze in his file.

(2) On written request for a security freeze provided by a consumer under subsection (1), a consumer reporting agency shall disclose to the consumer the process of placing, removing and temporarily lifting a security freeze and the process for allowing access to information from the consumer's file with the consumer reporting agency for a specific requester or period while the security freeze is in effect.

(3) A consumer reporting agency shall, not later than the tenth business day after the date the agency receives the request for a security freeze:

(a) Send a written confirmation of the security freeze to the consumer; and

(b) Provide the consumer with a unique personal identification number or password to be used by the consumer to authorize a removal or temporary lifting of the security freeze under Section 75-24-207 .

(4) A consumer may request in writing a replacement personal identification number or password. The request must comply with the requirements for requesting a security freeze under subsection (1). The consumer reporting agency shall, not later than the third business day after the date the agency receives the request for a replacement personal identification number or password, provide the consumer with a new unique personal identification number or password to be used by the consumer instead of the number or password that was provided under subsection (3).

(5) As used in Sections 75-24-201 through 75-24-217 , the term “ security freeze ” means a notice that (a) prohibits a consumer reporting agency from releasing all or any part of a consumer report or any information derived from a consumer report relating to the extension of credit, and (b) is placed in the file retained by the consumer reporting agency on that consumer at the consumer's request pursuant to subsection (1).
Miss. Code Ann. § 75-29-107 — MS Code / Title 75 / Chapter 12 / Section 29-107
Miss. Code Ann. § 75-29-107
Status: in_force

Every inspector of food shall be liable, civilly and criminally, as other officers are, for fraud and any malfeasance or misfeasance in office.
Miss. Code Ann. § 75-44-35 — MS Code / Title 75 / Chapter 12 / Section 44-35
Miss. Code Ann. § 75-44-35
Status: in_force

(1) It shall be the duty of the grain warehouseman to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand for the redemption of such receipt. In the event the grain warehouseman fails to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand the holder of the warehouse receipt may make demand of the surety for payment under the bond. The surety has the responsibility to pay within fifteen (15) days following receipt by the surety of the notice of the demand for redemption. Any holder of a warehouse receipt issued by a grain warehouseman who has made demand for redemption of such receipt, which demand was, without lawful excuse, not satisfied within ten (10) days, shall notify the commissioner in writing and shall have the right to bring action against the grain warehouseman and the surety on the grain warehouseman's bond for payment of the market value of the grain represented by such warehouse receipt, such market value to be determined as of the date of the demand, plus legal interest accrued from the date of the demand. In the event the grain warehouseman is a self-insurer as provided in Section 75-44-29 the holder of a warehouse receipt shall have the right to bring action against the grain warehouseman to the extent of the amount posted in lieu of the bond. The commissioner shall pay to the holder of the warehouse receipt, to the extent of the bond posted, any judgment obtained by the holder of a warehouse receipt against a self-insurer. The commissioner may also pay to the holder of a warehouse receipt the amount of the market value of the grain provided that the grain warehouseman agrees to such payment; provided, however, the license of the grain warehouseman shall be suspended upon such payment until such time as the warehouseman posts a bond as provided in this chapter or posts with the commissioner a sum equivalent to that paid by the commissioner on behalf of such warehouseman.

(2) In all actions in which judgment is rendered against any surety company under the provisions of this section, if it appears from evidence that the surety company has wilfully and without just cause refused to pay the loss upon demand, the court in rendering judgment shall allow the plaintiff the amount of the plaintiff's expenses including court costs and attorney's fees, to be recovered and collected as part of the costs. The amount of any payment of costs and attorney's fees under this subsection will not reduce the surety's remaining liability on its bond.
Miss. Code Ann. § 75-59-1 — MS Code / Title 75 / Chapter 12 / Section 59-1
Miss. Code Ann. § 75-59-1
Status: in_force

No person, firm or corporation shall contract to furnish correspondence courses to persons within the state unless such person, firm or corporation shall have obtained a permit from the office of the Secretary of State, either (a) the State Department of Education, (b) the Mississippi Community College Board, or (c) the Board of Trustees of State Institutions of Higher Learning, whichever is appropriate, and the Office of the Attorney General. An application for a permit shall be made on forms furnished by the Secretary of State, the State Department of Education, the Mississippi Community College Board or the Board of Trustees of Institutions of Higher Learning, as the case may be, and the Attorney General and such application shall designate an agent for the service of summons within the state; shall contain the name and address of the applicant; the type of courses offered with a brief summary of the course of studies offered; and one (1) copy of all textbooks or other teaching aids and training materials which are incorporated in the course of study shall be filed with said application. The applicant shall pay the Secretary of State a fee of Two Hundred Fifty Dollars ($250.00). The applicant shall file a bond with his application in the sum of Fifty Thousand Dollars ($50,000.00) conditioned to satisfy any judgment rendered by a court of competent jurisdiction, in favor of any person who has sustained damages as a result of the breach of a contract of instruction by the permittee. Such bond shall be executed by the permittee and a resident surety company qualified to transact business within the state. Such permit shall be valid for one (1) year from the date thereof. Suits against the permittee and his surety may be brought in the county where the plaintiff resides, or the county where the defendant has his principal place of business, or where his resident agent resides. This chapter shall not apply to any business school or business college holding a current certificate or license issued under the applicable law of this state. In addition, this chapter shall not apply to religious instructions offered by a recognized church denomination; provided, however, that no fee or charge of any kind whatever may be levied or collected directly or indirectly for such instructions or certificates issued in connection therewith or incidental thereto. No person shall be granted a permit unless he is an individual of good moral character.
Miss. Code Ann. § 75-45-313 — MS Code / Title 75 / Chapter 12 / Section 45-313
Miss. Code Ann. § 75-45-313
Status: in_force

The commissioner shall carry out and enforce the provisions of this article and is hereby empowered to promulgate rules and regulations to carry out necessary inspections and to appoint and fix the duties of his personnel and provide such equipment as may be necessary to assist him in enforcing the provisions thereof.
Miss. Code Ann. § 75-35-323 — MS Code / Title 75 / Chapter 12 / Section 35-323
Miss. Code Ann. § 75-35-323
Status: in_force

Nothing in this chapter, except for the purpose of providing for cooperation with the United States Department of Agriculture for the inspection of meat and related purposes, shall repeal or supersede any existing statutes regulating the same matters and subject.
Miss. Code Ann. § 75-31-211 — MS Code / Title 75 / Chapter 12 / Section 31-211
Miss. Code Ann. § 75-31-211
Status: in_force

If a tank is designed for use with a surface gauge, a substantial or rigid surface gauge bracket or other suitable supporting elements for positioning the surface gauge shall be provided. A surface gauge and its bracket or other supporting elements shall be so constructed that whenever the gauge assembly is placed in engagement with the bracket or supports, the indicator, if not permanently mounted on the tank, will automatically seat itself in correct operating position, and the graduated element will be vertically positioned and will be securely held at any height to which it may be manually set.
Miss. Code Ann. § 75-60-23 — MS Code / Title 75 / Chapter 12 / Section 60-23
Miss. Code Ann. § 75-60-23
Status: in_force

No person employed by an institution licensed by the commission, regardless of job title, job description, full-time or part-time employment status, shall directly or indirectly influence the decision of any prospective student to enroll for a fee in a course of instruction without first securing a permit as an agent from the Commission on Proprietary School and College Registration. If the person represents more than one (1) institution or campus, a separate permit shall be obtained for each institution or campus represented. Agent permits shall only be issued to agents of institutions that hold a certificate of registration issued by the commission.
Miss. Code Ann. § 75-31-227 — MS Code / Title 75 / Chapter 12 / Section 31-227
Miss. Code Ann. § 75-31-227
Status: in_force

Farm milk transport operators hauling milk from the producer to the dairy plant, processing plant, creamery, or other destination, shall be liable for any and all damage or destruction to said milk en route and shall be required to carry cargo and casualty insurance covering such milk en route in an amount approved by the commissioner of agriculture and commerce with an insurance company authorized to do business in the state. In the event such farm milk transport operator does not obtain and have such insurance at all times, his license to grade, sample and weigh milk shall be subject to cancellation.
Miss. Code Ann. § 75-33-35 — MS Code / Title 75 / Chapter 12 / Section 33-35
Miss. Code Ann. § 75-33-35
Status: in_force

Any person desiring and obtaining the grading and inspection service as provided in the preceding sections, is hereby authorized to use such grades and designations of quality in advertising his products and displaying such products for sale.
Miss. Code Ann. § 75-25-35 — MS Code / Title 75 / Chapter 12 / Section 25-35
Miss. Code Ann. § 75-25-35
Status: in_force

If any provision of this chapter, or the application of such provision to any person or circumstances is held invalid, the remainder of this chapter shall not be affected thereby.
Miss. Code Ann. § 75-15-27 — MS Code / Title 75 / Chapter 12 / Section 15-27
Miss. Code Ann. § 75-15-27
Status: in_force

Except where a license is automatically revoked without any act of the commissioner as specially provided in this chapter, no license shall be denied or revoked except on ten (10) days' notice (the first day of the ten-day period to be the date stated on the notice, which shall be the day it is mailed) to the applicant or licensee by the commissioner, sent by letter by United States registered mail, return receipt requested, to the applicant's or licensee's business address set forth in the application. Upon receipt of the notice, as stated in the registered mail receipt, the applicant or licensee may, within five (5) days thereafter (which five-day period may be wholly or partially outside of the ten-day period) make written demand for a hearing by the commissioner, which demand, in the case of a revocation notice, must be accompanied by an additional surety bond or securities deposit, as hereafter provided, the principal sum or the market value thereof to be specified by the commissioner in the revocation notice. The revocation notice shall not become final during the period of time in which the licensee may demand such hearing nor if licensee demands a hearing, until the matter has been finally determined by the commissioner or by the courts, provided as to any revocation order, but not a denial order, that the licensee posts together with his written demand for hearing an additional corporate surety bond, written by the same surety that wrote the bond under subsection (b) of Section 75-15-11 , or an additional securities deposit in addition to the securities deposit theretofore made by the licensee under subsection (c) of Section 75-15-11 which additional surety bond or securities deposit shall be in a principal amount or of a market value deemed adequate by the commissioner as specified in the revocation order but not exceeding Two Hundred Fifty Thousand Dollars ($250,000.00), provided that if the licensee originally deposited with his application under Section 75-15-11 a corporate surety bond, the additional deposit provided in this section must be another corporate surety bond or an increase of the first one and may not be a deposit of securities, or if the licensee originally deposited securities, the additional deposit shall also be of securities and not a corporate surety bond. The bond or securities deposit shall secure the same obligations as does the corporate surety bond or securities deposit required by Section 75-15-11 , but shall be in addition to the bond or securities deposit required thereby. Upon receipt of the written demand, the commissioner shall thereafter, with reasonable promptness, hear and determine the matter as provided by law. If the applicant or licensee deems himself aggrieved by the determination or order of the commissioner, he may within fifteen (15) days after the determination or order, have the determination or order reviewed by an appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi, by filing a petition setting out the specific order or action or part thereof by which the person deems himself aggrieved. All those petitions shall be given preferred settings and shall be heard by the court as speedily as possible. Such an appeal shall be perfected upon the posting of a bond for the costs of the appeal accompanied by the petition. Any party to the appeal may appeal to the Supreme Court of Mississippi from the decree or order of the chancery court, within thirty (30) days from the rendition of the decree or order, in the manner provided by law for appeals to the Supreme Court of Mississippi from chancery courts.

Final denial or revocation of the license, whether automatic or by final determination of the commissioner or the courts, shall cancel as of the date of final revocation all bonds or securities deposits theretofore deposited by the applicant or licensee under any provision of this chapter, provided that the licensee (and his corporate surety, if any) shall not be relieved of any accrued liabilities, and provided further, where the licensee deposited securities, that there shall not be returned to the licensee any of the deposited securities until the commissioner determines that all accrued liabilities (including, but not limited to, the principal sums thereof, accrued interest thereon, and court costs, if any, assessed to the licensee) of the licensee under this chapter have been satisfied in full.

The commissioner may at any time revoke a license, on any ground on which he might refuse to grant a license, for failure to pay an annual fee or for violation of any provision of this chapter, subject to the provisions of this chapter.

A license shall be automatically and finally revoked without any act or further act of the commissioner and without any right of the licensee to any hearing or further hearing by the commissioner or the courts and without any right of the licensee or the commissioner to reinstate or have reinstated the license, in the following instances: (a) at expiration of the sixty-day notice period, if the corporate surety gives notice of cancellation of its bond or any of them; (b) upon failure by licensee to pay when due the annual license fee required by Section 75-15-15 ; (c) upon failure by licensee to file when due any information required by Section 75-15-19 ; (d) in case of a revocation notice under the first paragraph of this section, failure by the licensee to demand hearing as provided therein or failure to deposit any additional corporate surety bond or securities deposit as required by the commissioner; (e) upon a license revocation order becoming final at any stage; (f) failure by licensee to deposit when due any additional corporate surety bond or securities deposit required by the commissioner under Section 75-15-29 ; or (g) upon final conviction of licensee as to any offense covered by Section 75-15-31 .

If a revocation order becomes final for any reason or in any manner, the license may not be reinstated, except upon new application as if the licensee had never been licensed before. The commissioner may deny the new application on grounds that a previous application was denied or a previous license to applicant was revoked or any ground or grounds on which he may deny an original application.
Miss. Code Ann. § 75-55-33 — MS Code / Title 75 / Chapter 12 / Section 55-33
Miss. Code Ann. § 75-55-33
Status: in_force

The State Chemist is authorized to employ assistant chemists, octane machine operators, and other employees to assist him in the proper performance of duties assigned him under the provisions of this chapter, or under the provisions of any other law or laws assigned to him for administration. The State Chemist is hereby authorized and directed to purchase such chemical apparatus, machines, and other equipment as may be necessary for performing the tests of all products included in this chapter, and to provide suitable housing for the same at the State Chemical Laboratory, and to purchase from time to time such chemicals and general supplies and equipment as may be necessary for the maintenance of the laboratory in which such tests are carried out.
Miss. Code Ann. § 75-27-19 — MS Code / Title 75 / Chapter 12 / Section 27-19
Miss. Code Ann. § 75-27-19
Status: in_force

The director may adopt, amend or repeal regulations for the enforcement of this article, which regulations shall have the force and effect of law. These regulations may include (1) standards of net weight, measure or count, and reasonable standards of fill, for any commodity in package form, (2) rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their official duties, and (3) exemptions from the sealing or marking requirements of Section 75-27-31 with respect to weights and measures of such character or size that such sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question. These regulations shall include specifications, tolerances and regulations for weights and measures of the character of those specified in Section 75-27-23 , designed to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those (1) that are not accurate, (2) that are of such construction that they are faulty-that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly, or (3) that facilitate the perpetration of fraud. The specifications, tolerances and regulations for commercial weighing and measuring devices, together with amendments thereto, as recommended by the National Institute of Standards and Technology and published in Handbook 44 and supplements thereto, or in any publication revising or superseding Handbook 44, shall be the specifications, tolerances, and regulations for commercial weighing and measuring devices of the State of Mississippi, except insofar as specifically modified, amended or rejected by a regulation issued by the director. For the purposes of this article, apparatus shall be deemed to be “ correct ” when it conforms to all applicable requirements promulgated as specified in this section; other apparatus shall be deemed to be “incorrect.” The division shall levy no charges or fees for the field tests or inspections made under this article; however, the director shall adopt a schedule of fees for calibration and testing services provided by the State Metrology Laboratory. Fees collected for such calibration and testing shall be deposited in the State Treasury in the special fund for the Department of Agriculture and Commerce. The director shall require persons installing scales with a weight capacity of ten thousand (10,000) pounds or more to secure a permit for each such scale installed, establish a fee not to exceed Fifty Dollars ($50.00) for such permit and require such person to supply the director with scale and scale foundation blueprints and specifications for each installation before installation of the scale. Applications for permit shall be made on forms prescribed and furnished by the director. The director shall establish and adopt scale pit and approach specifications for scales with a capacity of ten thousand (10,000) pounds or more. However, weighing devices with a capacity of ten thousand (10,000) pounds or more used to weigh road construction materials shall be exempt from the requirements of this article. Such weighing devices for road construction materials shall have a tolerance of one-half of one percent ( 1 / 2 of 1%) in lieu of the requirements of Handbook 44 and shall be regulated by the Mississippi Department of Transportation instead of the Department of Agriculture and Commerce. For purposes of this section, the term “ road construction materials ” shall include, but not be limited to, sand, gravel, asphalt, fill dirt, topsoil and concrete. The term “ road construction materials ” shall not include timber or timber products.
Miss. Code Ann. § 75-24-63 — MS Code / Title 75 / Chapter 12 / Section 24-63
Miss. Code Ann. § 75-24-63
Status: in_force

Sections 75-24-51 through 75-24-61, Mississippi Code of 1972 , shall not apply to retailers as defined in Section 75-77-1, Mississippi Code of 1972 .
Miss. Code Ann. § 75-43-21 — MS Code / Title 75 / Chapter 12 / Section 43-21
Miss. Code Ann. § 75-43-21
Status: in_force

The commissioner shall carry out and enforce the provisions of this chapter and is hereby empowered to promulgate rules and regulations to carry out necessary inspections and to appoint and fix the duties of his personnel and provide such equipment as may be necessary to assist him in enforcing the provisions thereof.
Miss. Code Ann. § 75-56-1 — MS Code / Title 75 / Chapter 12 / Section 56-1
Miss. Code Ann. § 75-56-1
Status: in_force

This chapter shall be known as the “Mississippi Antifreeze Law of 1978.”
Miss. Code Ann. § 75-27-67 — MS Code / Title 75 / Chapter 12 / Section 27-67
Miss. Code Ann. § 75-27-67
Status: in_force

Any person engaging in the business of scale repairing or testing shall obtain a license annually from the State Director of Weights and Measures upon showing that he is qualified to repair or test scales and that he meets all requirements of the National Institute of Standards and Technology Handbook 44 and supplements thereto or in any publication revising or superseding Handbook 44. The annual cost of such license shall be One Hundred Dollars ($100.00) for scale service-repair companies and Fifty Dollars ($50.00) for scale service repairmen, which shall be collected by the director and paid into the State Treasury, and shall expire on the thirtieth day of June next after its issuance. The director is hereby authorized to revoke any such license for a violation of any of the provisions of this article or any rule or regulation promulgated thereunder. Any person so licensed shall, within three (3) days after he adjusts, repairs, services, restores to service or places in service any scale, make a report thereof to the Director of Weights and Measures on a form provided by the Department of Agriculture and Commerce.

All such fees collected shall be paid into the General Fund in the State Treasury.

It shall be unlawful and a misdemeanor: (1) for any person other than the owner, or his regular employees, to repair any weighing or measuring device unless he holds the above-prescribed license; or (2) for any person to retain any remuneration for repairing any weighing or measuring device unless the repairing involved causes such device to meet the requirements of the article for at least ninety (90) days after such repairing; or (3) for any person to violate any of the provisions of this section.
Miss. Code Ann. § 75-27-7 — MS Code / Title 75 / Chapter 12 / Section 27-7
Miss. Code Ann. § 75-27-7
Status: in_force

The term “ barrel ” shall mean a unit of thirty-one (31) gallons. However, the term “ barrel ,” when used in reference to seafood or parts thereof, shall be the measure defined by ordinance of the Mississippi Commission on Marine Resources under authority of Sections 49-15-1 through 49-15-67, Mississippi Code of 1972 . The term “ ton ” shall mean a unit of two thousand (2,000) pounds avoirdupois weight. The term “ cord ” shall mean the amount that is contained in a space of one hundred twenty-eight (128) cubic feet when such is ranked and well stowed.
Miss. Code Ann. § 75-29-607 — MS Code / Title 75 / Chapter 12 / Section 29-607
Miss. Code Ann. § 75-29-607
Status: in_force

Distributors are required to keep records of the names and addresses of the manufacturers whose honey they distribute for a period of three (3) years and to provide such information to the commissioner upon request in order to aid the commissioner in locating the source of adulterated honey.
Miss. Code Ann. § 75-55-1 — MS Code / Title 75 / Chapter 12 / Section 55-1
Miss. Code Ann. § 75-55-1
Status: in_force

This chapter shall be known as the “Petroleum Products Inspection Law of Mississippi.”
Miss. Code Ann. § 75-21-29 — MS Code / Title 75 / Chapter 12 / Section 21-29
Miss. Code Ann. § 75-21-29
Status: in_force

Any corporation may be required under a subpoena duces tecum served upon its president, secretary or any of its directors, to produce in court and submit to inspection upon the trial of any proceeding, civil or criminal, under the antitrust laws of this state, any books, minutes, records, papers, documents, vouchers or writings belonging to or in the possession of such corporation.
Miss. Code Ann. § 75-53-3 — MS Code / Title 75 / Chapter 12 / Section 53-3
Miss. Code Ann. § 75-53-3
Status: in_force

The term paint as used herein shall include all substances, whether dry or ground in oil, used or intended for use as paint or as components of paint. It shall include paste and semipaste paints, house, carriage, wagon, barn, floor, roof, and implement paints and enamels, and all kinds of liquid and ready mixed paints. It shall not include artists' colors, liquid bronzes, colors intended to be mixed with water for decorative purposes, wood fillers, stove polishes or stove enamels, and shingle and roof stains.
Miss. Code Ann. § 75-60-29 — MS Code / Title 75 / Chapter 12 / Section 60-29
Miss. Code Ann. § 75-60-29
Status: in_force

The application for an agent permit shall be accompanied by a surety bond acceptable to the Commission on Proprietary School and College Registration. Such bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as a result of any fraud or misrepresentation used in procuring his enrollment, and may be supplied by an agent of a school or by the school itself as a blanket bond covering each of its agents. The surety of any such bond may cancel the same upon giving thirty (30) days' notice in writing to the commission and is relieved of liability for any breach of condition occurring after the effective date of said cancellation. An application for renewal shall be accompanied by a surety bond, as provided in this section, if a continuous bond has not been furnished.
Miss. Code Ann. § 75-15-29 — MS Code / Title 75 / Chapter 12 / Section 15-29
Miss. Code Ann. § 75-15-29
Status: in_force

Any provision in this chapter to the contrary notwithstanding, the commissioner may at any time, if in his sole opinion the protection of the public so requires, increase the principal sum of the bond or the aggregate market value of the deposit required of any applicant or licensee by Section 75-15-11 but in no case shall the principal sum of the bond or the aggregate market value of the deposit required by Section 75-15-11 exceed Five Hundred Thousand Dollars ($500,000.00) and provided further, that in any situation, where a revocation order has been issued and the licensee involved has posted the additional bond required under Section 75-15-27 , for suspension thereof, pending final determination, the commissioner may for the same reasons require the principal sum of the additional, suspension bond to be increased but in no case shall the principal sum thereof exceed Two Hundred Fifty Thousand Dollars ($250,000.00), and provided further that if the licensee originally deposited with his application under Section 75-15-11 a corporate surety bond, the additional increase provided in this section must be by another corporate surety bond or an increase of the first one, written by the same corporate surety that wrote the first one and may not be a deposit of securities or if the licensee originally deposited securities, the additional increase shall also be of securities and not a corporate surety bond.
Miss. Code Ann. § 75-29-901 — MS Code / Title 75 / Chapter 12 / Section 29-901
Miss. Code Ann. § 75-29-901
Status: reserved

(1) As used in this section:

(a) “ Food nutrition information ” includes, but is not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, sodium, and allergen content of food. “ Food nutrition information ” also includes the designation of food as healthy or unhealthy.

(b) “ Political subdivision ” means any county, municipality, town, district, instrumentality of the state, public corporation, body corporate, commission, board, agency, authority, public body, politic or other public entity responsible for governmental activities in geographic areas smaller than that of the state.

(c) “ Consumer incentive item ” means any licensed media character, toy, game, trading card, contest, point accumulation, club membership, admission ticket, token, code or password for digital access, coupon, voucher, incentive, crayons, coloring placemats, or other premium, prize or consumer product that is associated with a meal served by or acquired from a food service operation.

(2) The regulation of consumer incentive items and nutrition labeling for food and nonalcoholic beverages that are menu items in restaurants, retail food establishments, and vending machines is reserved to the Legislature and may be regulated only by legislation of statewide application enacted after March 18, 2013. The regulation of the provision of food nutrition information and consumer incentive items at food service operations and how food service operations are characterized are matters of general statewide interest that require statewide regulation, and rules adopted under this section constitute a comprehensive plan with respect to all aspects of the regulation of the provision of food nutrition information and consumer incentive items at food service operations in this state. Rules adopted under this section shall be applied uniformly throughout this state.

(3) No political subdivision shall do any of the following:

(a) Enact, adopt or continue in effect local legislation relating to the provision or nonprovision of food nutrition information or consumer incentive items at food service operations;

(b) Condition any license, permit or regulatory approval upon the provision or nonprovision of food nutrition information or consumer incentive items at food service operations;

(c) Ban, prohibit, or otherwise restrict food at food service operations based upon the food's nutrition information or upon the provision or nonprovision of consumer incentive items;

(d) Condition any license, permit or regulatory approval for a food service operation upon the existence or nonexistence of food-based health disparities;

(e) Where food service operations are permitted to operate, ban, prohibit, or otherwise restrict a food service operation based upon the existence or nonexistence of food-based health disparities as recognized by the department of health, the institute of health, or the centers for disease control.

(f) Restrict the sale, distribution, growing, raising or serving of foods and nonalcoholic beverages that are approved for sale by the USDA or other federal or state government agencies.

(4) This section shall not be interpreted as being more restrictive than any federal law or affecting in any manner the regulation of the nutrition labeling of food that is a menu item in restaurants, retail food establishments, and vending machines pursuant to the federal Food, Drug and Cosmetic Act, 21 USC 343(q)(5)(H) .
Miss. Code Ann. § 75-56-5 — MS Code / Title 75 / Chapter 12 / Section 56-5
Miss. Code Ann. § 75-56-5
Status: in_force

This chapter shall be administered by the State Chemist and the commissioner. The State Chemist or his designated employees shall establish specifications for antifreezes and engine coolants and prediluted antifreezes and prediluted engine coolants sold or offered for sale in the state as described in Section 75-56-17 and shall register antifreezes and engine coolants and prediluted antifreezes and prediluted engine coolants sold or offered for sale in the state as described in Section 75-56-9 . The commissioner or his designated employees shall inspect and sample antifreezes and engine coolants and prediluted antifreezes and prediluted engine coolants sold or offered for sale in the state and the State Chemist or his designated employees shall analyze antifreezes and engine coolants and prediluted antifreezes and prediluted engine coolants sold or offered for sale in the state as described in Section 75-56-15 . The commissioner or his designated employees shall enforce Section 75-56-21 and Section 75-56-23 as described in those sections.
Miss. Code Ann. § 75-21-7 — MS Code / Title 75 / Chapter 12 / Section 21-7
Miss. Code Ann. § 75-21-7
Status: in_force

Any person, corporation, partnership, firm or association of persons and the officers and representatives of the corporation or association violating any of the provisions of this chapter shall forfeit not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00) for every such violation. Each month in which such person, corporation or association shall violate this chapter shall be a separate violation, the forfeiture and penalty in such case to be recovered alone by suit in the name of the state on the relation of the attorney general and by the consent of the attorney general suits may be brought by any district attorney, such suits to be brought in any court of competent jurisdiction.
Miss. Code Ann. § 75-47-35 — MS Code / Title 75 / Chapter 12 / Section 47-35
Miss. Code Ann. § 75-47-35
Status: in_force

Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which said commercial fertilizer is located. In the event the court finds the said commercial fertilizer to be in violation of this chapter and orders the condemnation of said commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state: Provided, that in no instance shall the disposition of said commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial fertilizer or for permission to process or relabel said commercial fertilizer to bring it into compliance with this chapter.
Miss. Code Ann. § 75-44-39 — MS Code / Title 75 / Chapter 12 / Section 44-39
Miss. Code Ann. § 75-44-39
Status: in_force

Every grain warehouseman shall receive for storage or shipment, so far as the available capacity for storage of the grain warehouse shall permit, all grain tendered to him in the usual course of business; provided, however, a grain warehouse owned and operated as a cooperative may decline to accept grain tendered by a nonmember if such cooperative reasonably believes that its available capacity will be required to serve the members of the cooperative. All such grain is to be inspected, weighed and graded by an inspector except that:

(a) The depositor and the grain warehouseman may agree upon a sample taken from the lot of grain to be offered for storage as being a true and representative sample.

(b) The depositor and the grain warehouseman may agree upon the grade of the grain offered for storage and a warehouse receipt may be issued on the agreed grade.
Miss. Code Ann. § 75-27-33 — MS Code / Title 75 / Chapter 12 / Section 27-33
Miss. Code Ann. § 75-27-33
Status: in_force

With respect to the enforcement of this article and any other laws dealing with weights and measures that he is, or may be, empowered to enforce, the director is hereby vested with police powers, such as given to sheriffs and constables, and may seize for use as evidence, with warrant, incorrect or unsealed weights and measures or amounts or packages of commodity found to be used, retained, offered, or exposed for sale, or sold, in violation of law.
Miss. Code Ann. § 75-21-5 — MS Code / Title 75 / Chapter 12 / Section 21-5
Miss. Code Ann. § 75-21-5
Status: in_force

Nothing contained in this chapter shall be construed to forbid the existence of agricultural, horticultural, poultry, cattle or dairy organizations, instituted for the purpose of cooperation or mutual help, having no capital stock and not conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof, nor be held or construed to be illegal combinations or conspiracies in restraint of trade under the antitrust law; nor shall this chapter prevent or penalize agreements entered into between canners or catchers of seafood products or between canners and catchers of such products for the advancement and welfare of the seafood industry in Mississippi, when such agreements so made between canners or catchers of such products, or canners and catchers of such products, shall be approved by an order entered upon the minutes of the Mississippi Seafood Commission.
Miss. Code Ann. § 75-25-13 — MS Code / Title 75 / Chapter 12 / Section 25-13
Miss. Code Ann. § 75-25-13
Status: in_force

(a) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary upon the payment of the recording fee, payable to the secretary, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this chapter shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three (3) months after the date thereof or prior to such subsequent purchase.

(b) Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application. The secretary may issue in the name of the assignee, a new certificate or registration for the remainder of the term of the registration or last renewal thereof.

(c) Other instruments which relate to a mark registered or application pending pursuant to this chapter, such as, by way of example, licenses, security interests or mortgages, may be recorded in the discretion of the secretary, provided that such instrument is in writing and duly executed.

(d) Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of execution.

(e) A photocopy of any instrument referred to in subsections (a), (b), or (c) above, shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.
Miss. Code Ann. § 75-25-15 — MS Code / Title 75 / Chapter 12 / Section 25-15
Miss. Code Ann. § 75-25-15
Status: in_force

The secretary shall keep for public examination a record of all marks registered or renewed under this chapter, as well as a record of all documents recorded pursuant to Section 75-25-13 .
Miss. Code Ann. § 75-27-323 — MS Code / Title 75 / Chapter 12 / Section 27-323
Miss. Code Ann. § 75-27-323
Status: in_force

(1) Any person convicted of violating any of the provisions of this article or who shall impede, hinder or otherwise prevent or attempt to prevent the commissioner or his duly authorized agent in performance of his duty in connection with the provisions of this article shall be adjudged guilty of a misdemeanor and shall upon conviction 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 for not more than six (6) months, in the discretion of the court.

(2) Nothing in this article shall be construed as requiring the commissioner or his duly appointed agent or representative to report for prosecution or for the institution of legal proceedings as a result of minor violations of this article when he or she believes that the public interest will best be served by a suitable notice of warning in writing.

(3) 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 and adopted hereunder notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
Miss. Code Ann. § 75-17-17 — MS Code / Title 75 / Chapter 12 / Section 17-17
Miss. Code Ann. § 75-17-17
Status: repealed

Loans made and credit extended prior to July 1, 1974 shall continue to be governed by the provisions of laws governing such loans and extensions of credit which were in force at the time such loans or extensions of credit were made, including laws repealed hereby except that finance charges contracted for or received prior to July 1, 1974, shall not be unlawful if the finance charge contracted for or received conforms with the provisions of Chapter 564, Laws of 1974 or other law then in effect. Any loan or note renewed, refinanced, deferred or otherwise extended or altered on or after July 1, 1974, shall conform with the provisions of Sections 63-17-13 , 75-17-1 , 75-17-13 through 75-17-17 , 75-67-127 and 75-67-217 .
Miss. Code Ann. § 75-35-307 — MS Code / Title 75 / Chapter 12 / Section 35-307
Miss. Code Ann. § 75-35-307
Status: in_force

Except as otherwise specifically provided for in this chapter, the chancery courts are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter.
Miss. Code Ann. § 75-24-159 — MS Code / Title 75 / Chapter 12 / Section 24-159
Miss. Code Ann. § 75-24-159
Status: in_force

For each rental-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable:

(a) Whether the periodic payment is weekly, monthly or otherwise, the dollar amount of each payment, and the total number and dollar amount of all periodic payments necessary to acquire ownership of the property;

(b) A statement that the consumer will not own the property until the consumer has paid the total amount necessary to acquire ownership;

(c) A statement advising the consumer whether the consumer is liable for loss or damage to the property, and, if so, a statement that such liability will not exceed the fair market value of the property as of the time it is lost or damaged;

(d) A brief description of the rental property, sufficient to identify the property to the consumer and the lessor, including an identification number, if applicable, and a statement indicating whether the property is new or used, but a statement that indicates new property is used is not a violation of Sections 75-24-151 through 75-24-175 ;

(e) A statement of the cash price of the property. Where the agreement involves a rental of two (2) or more items as a set, in one (1) agreement, a statement of the aggregate cash price of all items shall satisfy this requirement;

(f) The total of initial payments paid or required at or before consummation of the agreement or delivery of the property, whichever is later;

(g) A statement that the total of payments does not include other charges, such as delivery, in-home collection, pickup and reinstatement fees, which fees shall be separately disclosed in the contract;

(h) A statement clearly summarizing the terms of the consumer's option to purchase, including a statement that the consumer has the right to exercise an early purchase option and the price, formula or method for determining the price at which the property may be so purchased;

(i) A statement identifying the party responsible for maintaining or servicing the property while it is being rented, together with a description of that responsibility, and a statement that if any part of a manufacturer's express warranty covers the rental property at the time the consumer acquires ownership of the property, it shall be transferred to the consumer, if allowed by the terms of the warranty;

(j) The date of the transaction and the identities of the lessor and consumer;

(k) A statement that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the property in good repair upon expiration of any rental term along with any past due rental payments; and

(l) Notice of the right to reinstate an agreement as herein provided.
Miss. Code Ann. § 75-35-29 — MS Code / Title 75 / Chapter 12 / Section 35-29
Miss. Code Ann. § 75-35-29
Status: in_force

Any person, firm, or corporation, or any agent or employee of any person, firm, or corporation, who shall give, pay, or offer, directly or indirectly, to any inspector, deputy inspector, chief inspector, or any other officer or employee of this state authorized to perform any of the duties prescribed by this chapter or by the rules and regulations of the commissioner, any money or other thing of value, with intent to influence said inspector, deputy inspector, chief inspector, or other officer or employee of this state in the discharge of any duty herein provided for, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine not less than Five Thousand Dollars ($5,000.00), nor more than Ten Thousand Dollars ($10,000.00) and by imprisonment not less than one (1) year nor more than three (3) years. Any inspector, deputy inspector, chief inspector, or other officer or employee of this state authorized to perform any of the duties prescribed by this chapter who shall accept any money, gift, or other thing of value from any person, firm, or corporation, or officers, agents, or employees thereof, given with intent to influence his official action, or who shall receive or accept from any person, firm, or corporation engaged in intrastate commerce any gift, money, or other thing of value given with any purpose or intent whatsoever, shall be deemed guilty of a felony and shall, upon conviction thereof, be summarily discharged from office and shall be punished by a fine not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) and by imprisonment not less than one (1) year nor more than three (3) years.
Miss. Code Ann. § 75-27-109 — MS Code / Title 75 / Chapter 12 / Section 27-109
Miss. Code Ann. § 75-27-109
Status: in_force

The standard weight of coal shall and is hereby established at two thousand (2,000) pounds to the ton, or two hundred (200) pounds to the box or barrel, and unless otherwise agreed upon, coal shall be sold by the ton of two thousand (2,000) pounds, or the box or barrel of two hundred (200) pounds.
Miss. Code Ann. § 75-58-3 — MS Code / Title 75 / Chapter 12 / Section 58-3
Miss. Code Ann. § 75-58-3
Status: in_force

It is the intent and purpose of this chapter to protect the rights of all owners of natural gas wells and wells producing casinghead gas; to afford all such owners an opportunity to extract their fair share of gas; to provide that the operator of a well producing natural gas and a well producing casinghead gas shall market the gas of all owners thereof except the gas owned by an owner electing that the operator shall not market his gas; to hold operators acting in compliance with the provisions of this chapter harmless from any suit at law or in equity related hereto, and to provide that an operator shall be entitled to recover marketing expenses and transportation costs associated with the sale or transportation of an owner's gas. It is not the intent or purpose of this chapter to create and this chapter shall not be construed to create a partnership or association for state or federal taxation purposes.
Miss. Code Ann. § 75-33-23 — MS Code / Title 75 / Chapter 12 / Section 33-23
Miss. Code Ann. § 75-33-23
Status: in_force

If, upon examination, it is found that any establishment, or any part of an establishment, or any equipment, is in an unclean or unsanitary condition or is being conducted or used in such a manner as to make it probable that the meat or meat-food products therein or produced therein may be rendered unwholesome, or is being conducted or used in violation of this article, the agent making such examination shall report the unlawful condition to the commissioner, and shall at the same time notify in writing, the owner, lessee, or manager of the establishment.

Upon receipt of such report, the commissioner shall notify the proper owner, lessee, or manager of the result of the examination, and direct that the unlawful condition be remedied within the time specified in the notice: Provided, that the time so specified shall not be less than five (5) days, unless the unlawful condition mentioned in said notice is of such character and nature as, in the opinion of the commissioner, can be removed immediately, or its continued existence shall be a hazard and a danger to the health of the community.

If, upon the expiration of the time specified in the notice, the condition so reported to exist shall not have remedied, the commissioner may order the license suspended or revoked and the establishment closed. It is unlawful to operate an establishment, or any part thereof, which has been closed and the license suspended or revoked by the commissioner, until the unlawful condition reported to exist has been remedied to the satisfaction of the commissioner.

Any person aggrieved with the order of the commissioner, or any of his lawful and duly authorized agents, shall have immediate recourse by any appeal to the chancery court of the jurisdiction in which the establishment may be located. The chancery court shall have and it is hereby given full jurisdiction to hear and determine the appeal and enter any and all appropriate orders in term time or in vacation.
Miss. Code Ann. § 75-29-103 — MS Code / Title 75 / Chapter 12 / Section 29-103
Miss. Code Ann. § 75-29-103
Status: in_force

The said boards may respectively make and publish all needful regulations for the government of the inspectors, and of dealers in food, and may enforce such regulations by proper penalties, and they may prescribe and regulate the compensation of the inspector and his fees and perquisites, and define his duties.
Miss. Code Ann. § 75-39-3 — MS Code / Title 75 / Chapter 12 / Section 39-3
Miss. Code Ann. § 75-39-3
Status: in_force

Before any baby chicks are offered for sale at any auction or auction sale barn or community sale, except public sales conducted by farmers selling baby chicks raised on their own premises, a permit shall be granted to offer such baby chicks for sale by the livestock sanitary board or the state veterinarian.
Miss. Code Ann. § 75-12-39 — MS Code / Title 75 / Chapter 12 / Section 12-39
Miss. Code Ann. § 75-12-39
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Miss. Code Ann. § 75-27-63 — MS Code / Title 75 / Chapter 12 / Section 27-63
Miss. Code Ann. § 75-27-63
Status: in_force

For the purposes of this article, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, enclosure, stand, or vehicle.
Miss. Code Ann. § 75-29-211 — MS Code / Title 75 / Chapter 12 / Section 29-211
Miss. Code Ann. § 75-29-211
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, any person violating the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished for such violation; and each infraction shall constitute a separate offense.

(2) Any manufacturer or distributor found to be in violation of the labeling requirements of Section 75-29-201 , shall, upon conviction therefor, be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisoned for a period of time not to exceed ninety (90) days, or both.

(3) Any person who by himself, by his agent, or as the agent of another person, commits a violation of this chapter may be assessed by the commissioner, or his designee, an administrative penalty of:

(a) Not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for a first violation;

(b) Not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) for a second violation within twelve (12) months of the first violation; and

(c) Not less than One Thousand Dollars ($1,000.00) nor more than Three Thousand Dollars ($3,000.00) for a third violation within eighteen (18) months from the date of the first violation.

(4) Any person subject to an administrative penalty shall have a right to request an administrative hearing within thirty (30) days of receipt of the notice of the penalty. The commissioner, or his designee, shall be authorized to conduct the hearing after giving appropriate notice to the respondent. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. The decision of the commissioner or his/her designee shall be subject to appropriate judicial review.

(5) If the respondent has exhausted his administrative appeals and the civil penalty has been upheld, he shall pay the civil penalty within thirty (30) days of the effective date of the final decision. If the respondent fails to pay the penalty, a civil action may be brought by the commissioner in any court of competent jurisdiction. Any civil penalty collected under this article shall be transmitted to the General Fund.

(6) In lieu of, or in addition to, the penalties provided, the commissioner shall have the power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of this article and the rules and regulations, in the appropriate circuit, chancery, county or justice court in which venue may lie. The commissioner may obtain mandatory or prohibitory injunctive relief, whether temporary or permanent, and it shall not be necessary for the state to post a bond or prove that no adequate remedy is available at law.
Miss. Code Ann. § 75-51-5 — MS Code / Title 75 / Chapter 12 / Section 51-5
Miss. Code Ann. § 75-51-5
Status: in_force

No individual, firm, corporation or business shall install, reinstall, relocate, sell or offer for sale any hot water supply storage tanks or heaters of one hundred twenty (120) gallon capacity or less which utilize dip tubes, supply and hot water nipples, supply water baffles or heat traps that have not been tested to withstand a temperature of two hundred twenty-five (225) degrees Fahrenheit without deteriorating in any manner, and such tank or heater shall be so labeled by the manufacturer.

No individual, firm, corporation or business shall install, sell, or offer for sale any water baffles or heat traps, which are not constructed and tested to withstand a temperature of two hundred twenty-five (225) degrees Fahrenheit without deterioration in any manner, and such baffles or heat traps shall be so labeled by the manufacturer.
Miss. Code Ann. § 75-55-11 — MS Code / Title 75 / Chapter 12 / Section 55-11
Miss. Code Ann. § 75-55-11
Status: in_force

No person shall sell as gasoline any product which fails to meet the standard as defined in this chapter, nor sell any gasoline at retail without exhibiting the proper signs as required in this chapter, and provided further, that all gasoline offered for sale shall always be as high octane number as advertised to be.
Miss. Code Ann. § 75-24-73 — MS Code / Title 75 / Chapter 12 / Section 24-73
Miss. Code Ann. § 75-24-73
Status: in_force

(1) A person may not establish, promote, or operate any pyramid promotional scheme. Any limitation regarding the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does not change the identity of the plan as a pyramid promotional scheme.

(2) The provisions of this section may not be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, if the participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale if both of the following conditions are met: (a) the plan or operation does not cause inventory loading, and (b) the plan or operation implements a bona fide inventory repurchase program.

(3) An entity must clearly describe a bona fide inventory repurchase program in its recruiting literature, sales manual, or contracts with independent salespersons. The recruiting literature, sales manual, or contract must disclose any inventory that is not eligible for repurchase under the program.

(4) A bona fide inventory repurchase program is not required to apply to inventory that is no longer within the inventory's commercially reasonable use or shelf life period or has been used or opened.

(5) Before a salesperson of the entity purchases any inventory, the entity must clearly describe the inventory that is excluded from the entity's bona fide inventory repurchase program as seasonal, discontinued, or special promotion products and the inventory that is not subject to the entity's bona fide inventory repurchase program.
Miss. Code Ann. § 75-55-40 — MS Code / Title 75 / Chapter 12 / Section 55-40
Miss. Code Ann. § 75-55-40
Status: in_force

If any section, subsection, paragraph, sentence, clause or provision of Chapter 450, Laws of 1990, 1 shall become invalid by order of any court of competent jurisdiction, the same shall not affect the validity of any other section, subsection, paragraph, sentence, clause or provision thereof.
Miss. Code Ann. § 75-24-1 — MS Code / Title 75 / Chapter 12 / Section 24-1
Miss. Code Ann. § 75-24-1
Status: in_force

There is hereby created and established within the office of the attorney general an “Office of Consumer Protection,” which shall be charged with the administration of this chapter. The attorney general is hereby authorized and empowered to employ the necessary personnel to carry out the provisions of this chapter.
Miss. Code Ann. § 75-24-20 — MS Code / Title 75 / Chapter 12 / Section 24-20
Miss. Code Ann. § 75-24-20
Status: in_force

Criminal remedies.

(a) Any person who, knowingly and willfully, violates any provision of Section 75-24-5 , shall be guilty of a misdemeanor, and upon conviction shall be fined up to One Thousand Dollars ($1,000.00).

(b) Upon a second conviction of any person for a violation of any provision of Section 75-24-5 , the offense being committed within a period of five (5) years, such person shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for up to one (1) year or fined up to One Thousand Dollars ($1,000.00) or both.

(c) Upon a third or subsequent conviction of any person for a violation of any provision of Section 75-24-5 , the offense being committed within a period of five (5) years, such person shall be guilty of a felony, and upon conviction shall be punished by imprisonment of not less than one (1) year nor more than five (5) years or fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or both.

(d) Criminal convictions from other states for violations of substantially similar provisions to those prohibited by this chapter shall be counted for the purposes of determining if a violation of this section is a first, second or third or subsequent offense.
Miss. Code Ann. § 75-24-17 — MS Code / Title 75 / Chapter 12 / Section 24-17
Miss. Code Ann. § 75-24-17
Status: in_force

If any person knowingly and willfully fails or refuses to file any statement or report, or fails or refuses to obey any subpoena or investigative demand issued by the Attorney General, the Attorney General may, after notice, apply to the chancery or county court of the county in which such person resides or has his principal place of business, or if the person be absent or a nonresident of the State of Mississippi, of such court of the county in which the state capitol is located, and, after hearing thereon, request an order:

(a) Granting injunctive relief to restrain the person from engaging in any unfair or deceptive trade practice in the advertising or sale of any merchandise or the conduct of any trade or commerce that is involved in the alleged or suspected violation;

(b) Vacating, annulling, or suspending the corporate charter of a corporation created by or under the laws of this state or revoking or suspending the certificate of authority to do business in this state of a foreign corporation or revoking or suspending any other licenses, permits or certificates issued pursuant to law to such person which are used to further the allegedly prohibited practice;

(c) Granting such other relief as may be required, until the person files the statement or report, or obeys the subpoena or investigative demand;

(d) The Attorney General may request that an individual who refuses to comply with a subpoena on the ground that testimony or matter may incriminate him be ordered by the court to provide the testimony or matter. Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or matter directly related to a violation of the Mississippi Consumer Protection Act after asserting a privilege against self-incrimination to which he is entitled by law shall not have the testimony or matter so provided, or evidence derived therefrom, received against him in any criminal investigation or proceeding.

Any disobedience of any final order entered under this section by any said court shall be punished as a contempt thereof.
Miss. Code Ann. § 75-29-205 — MS Code / Title 75 / Chapter 12 / Section 29-205
Miss. Code Ann. § 75-29-205
Status: in_force

The Commissioner of Agriculture and Commerce is authorized, in his discretion, to issue an order to stop the sale or distribution of any syrup or syrup products found to be in violation of this article. Upon written notice by the commissioner to the manufacturer or distributor of the syrup or syrup products sold in violation of this article, the syrup or syrup products shall be picked up by the manufacturer or distributor and the buyer of the syrup or syrup products shall be refunded the purchase price by the manufacturer or distributor. Any order to stop the sale of syrup or syrup products may be appealed to the Chancery Court of the First Judicial District of Hinds County or the chancery court in the county where the violation occurred within thirty (30) days of receipt of the order.
Miss. Code Ann. § 75-55-20 — MS Code / Title 75 / Chapter 12 / Section 55-20
Miss. Code Ann. § 75-55-20
Status: in_force

Any calibrating equipment in the possession of the State Tax Commission heretofore used by the tax commission to carry out its responsibilities under this chapter, shall be transferred by the tax commission to the Department of Agriculture and Commerce on July 1, 1988.
Miss. Code Ann. § 75-55-6 — MS Code / Title 75 / Chapter 12 / Section 55-6
Miss. Code Ann. § 75-55-6
Status: in_force

(1) Products regulated under terms of the Petroleum Products Inspection Law or regulations sold in this state shall have a name and/or brand name and such name shall be registered with the Mississippi Department of Agriculture and Commerce. The octane rating or antiknock index (R + M)/2 of applicable motor fuels, covered by the Federal Trade Commission Octane Posting and Certification Rule, shall be included in the registration. The name of the establishment, address, city, state, zip code, county and telephone number shall also be included in the registration. Registration forms shall be provided by the Mississippi Department of Agriculture and Commerce.

(2) The commissioner or his agent shall refuse the registration of any product under a name that is misleading to the purchaser of such a product.

The commissioner or his agent, in his discretion, may refuse to permit any name or brand of gasoline where a similar name or brand has already been permitted. The sale of any product under any brand name that is not registered with the department or does not meet the standards of the registration form shall not be permitted. Pumps shall be locked down until the product or products have been duly registered or brought up to specifications.

(3) Every pump dispensing motor fuel at retail shall conspicuously display the name and/or brand name being sold therefrom exactly as such name and/or brand name that is registered with the department. Each pump shall conspicuously display the octane number of the product. The octane number designation shall be changed whenever the product is changed. Each diesel pump dispensing those products at retail shall display the words “No. 1 Diesel” or “No. 2 Diesel.” Each kerosene pump or fuel oil pump dispensing those products at retail shall display the words “No. 1-K Kerosene” or “No. 2-K Kerosene” or indicate the proper grade of fuel oil depending on the product dispensed.

(4) The labeling of all petroleum products on pumps shall be on both sides of the dispensing device which faces the vehicle and shall be in a clear and conspicuous place in type of at least one-half ( 1 / 2 ) inch in height, and one-sixteenth ( 1 / 16 ) inch stroke (width of type).

(5) Any application for registration that is denied may be appealed to the commissioner within thirty (30) days from the date of denial of such application.

(6) Any person who registered a brand name for a motor fuel and fails or discontinues to sell or deliver a registered product shall notify the commissioner within sixty (60) days after date of registration or date of last invoice or delivery ticket. Failure to notify the commissioner shall automatically terminate and cancel the registration of the brand name and the quality specification.

The commissioner is further authorized and empowered following the terms of the Mississippi Administrative Procedures Act to make such reasonable rules and regulations, particularly in emergency situations, which, in his judgment, will contribute to a more efficient administration of this article. Such rules and regulations, when made, shall have the same binding force and effect as if incorporated in this article; provided further, that such rules and regulations made during the said emergency periods shall be withdrawn following cessation of any such emergencies.

The commissioner is hereby authorized to prohibit the sale of any taxable petroleum product which is not in compliance with the provisions of this chapter.
Miss. Code Ann. § 75-44-29 — MS Code / Title 75 / Chapter 12 / Section 44-29
Miss. Code Ann. § 75-44-29
Status: in_force

(1) Before any person is granted a license pursuant to Section 75-44-23 such person shall give a bond to the commissioner executed by the grain warehouseman as principal and by a corporate surety licensed to do business in this state as a surety. The bond shall be in favor of the commissioner for the benefit of all persons interested, their legal representatives, attorneys or assigns, conditioned upon the faithful compliance by the grain warehouseman with the provisions of this chapter and the rules and regulations of the State Department of Agriculture and Commerce applicable thereto. The aggregate liability of the surety to all depositors or storers of grain shall not exceed the sum of such bond. The bond may be cancelled at any time by the surety by giving written notice to the Commissioner of Agriculture and Commerce of its intention to cancel the bond and all liability thereunder shall terminate thirty-five (35) days after the mailing of such notice except that such notice shall not affect any claims arising under the bond, whether presented or not, before the effective date of the cancellation notice.

(2) In lieu of the bond required in subsection (1) of this section an applicant for a license may be a self-insurer by posting with the commissioner any of the following:

(a) Cash;

(b) Certificates of deposit from any bank or banking corporation insured by the Federal Deposit Insurance Corporation;

(c) Irrevocable letters of credit from any bank or banking corporation insured by the Federal Deposit Insurance Corporation;

(d) Federal treasury bills; or

(e) Notes, securities or bonds secured by the federal government or the State of Mississippi.

Self insurers shall post an amount equivalent to the amount of the bond required in Section 75-44-31 .
Miss. Code Ann. § 75-27-223 — MS Code / Title 75 / Chapter 12 / Section 27-223
Miss. Code Ann. § 75-27-223
Status: in_force

No prosecutions shall be commenced under this article for violations of Sections 75-27-201 and 75-27-203 hereof until the initial testing of scales has been made or sought to be made by the commissioner of agriculture and commerce or his representatives.
Miss. Code Ann. § 75-21-37 — MS Code / Title 75 / Chapter 12 / Section 21-37
Miss. Code Ann. § 75-21-37
Status: in_force

It shall be the duty of the district attorneys in their several districts, when requested by the attorney general, to enforce the civil features of the antitrust laws of this state by appropriate legal proceedings and suits at law or in equity; and their duty to enforce criminal features of said laws shall be the same as their duty to enforce other criminal statutes. All such suits shall be brought by and in the name of the State of Mississippi upon the relation of the attorney general or an authorized district attorney.
Miss. Code Ann. § 75-59-5 — MS Code / Title 75 / Chapter 12 / Section 59-5
Miss. Code Ann. § 75-59-5
Status: in_force

(a) For a violation of a contract with a student, for soliciting or enrolling students through fraud or misrepresentation, or for noncompliance with this chapter or the reasonable rules and regulations promulgated by the Secretary of State pursuant to this chapter, the Secretary of State shall revoke the permit issued under this chapter after serving notice of hearing upon the resident agent for service of summons in the same manner as service of summons upon nonresident corporations qualified to do business in the state. Such notice shall set a time and place for a hearing not less than fifteen (15) days nor more than thirty (30) days from the receipt of said notice. Said permittee shall be allowed to show cause why said permit should not be revoked. At said time and place full opportunity shall be afforded the permittee to be heard on said revocation. The Secretary of State shall have power to issue compulsory process to assure the presence of such persons or such records deemed necessary for the proper determination of any matter before him for consideration, and he may in his discretion require testimony under oath and administer the same.

(b) Any person aggrieved by a decision of the Secretary of State shall have a right to a judicial review of said decision by forwarding notice of his intention to appeal to the Secretary of State within fifteen (15) days from the date of revocation. Upon receipt of said notice, the Secretary of State shall within sixty (60) days after receiving said notice of appeal certify the record to the chancery court of the First Judicial District of Hinds County, Mississippi, for trial de novo. Appeal may be with or without supersedeas at the election of the permittee. The Secretary of State shall not be required to certify the record unless the permittee shall have filed a cost bond sufficient to pay the costs of transcribing and preparing the transcript.

No person, firm or corporation failing to comply with the provisions of this chapter shall have access to any of the courts of this state for the purpose of enforcing any claim or demand against any resident of this state arising out of any contract entered into in violation of the provisions of this chapter.
Miss. Code Ann. § 75-12-3 — MS Code / Title 75 / Chapter 12 / Section 12-3
Miss. Code Ann. § 75-12-3
Status: in_force

In this chapter:

(1) “ Agreement ” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

(2) “ Automated transaction ” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.

(3) “ Computer program ” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

(4) “ Contract ” means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law.

(5) “ Electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(6) “ Electronic agent ” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.

(7) “ Electronic record ” means a record created, generated, sent, communicated, received, or stored by electronic means.

(8) “ Electronic signature ” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(9) “ Governmental agency ” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.

(10) “ Information ” means data, text, images, sounds, codes, computer programs, software, databases, or the like.

(11) “ Information processing system ” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

(12) “ Person ” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

(13) “ Record ” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(14) “ Security procedure ” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

(15) “ State ” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.

(16) “ Transaction ” means an action or set of actions occurring between two (2) or more persons relating to the conduct of business, commercial, or governmental affairs.
Miss. Code Ann. § 75-24-355 — MS Code / Title 75 / Chapter 12 / Section 24-355
Miss. Code Ann. § 75-24-355
Status: in_force

(1) The Attorney General shall have the authority under Sections 75-24-351 through 75-24-357 to conduct civil investigations and bring civil actions.

(2) In an action brought by the Attorney General under Sections 75-24-351 through 75-24-357 , the court may award or impose any relief available under state law.

(3) In addition to the relief provided for in Section 75-24-357 , upon a motion by the Attorney General and a finding by the court that there is a reasonable likelihood that a person violated Section 75-24-353 , the court may require the person to post a bond in an amount equal to a good faith estimate of the costs to litigate a claim and amounts reasonably likely to be recovered if an action were to be brought under Section 75-24-355 . A hearing shall be held if either party requests a hearing.
Miss. Code Ann. § 75-24-205 — MS Code / Title 75 / Chapter 12 / Section 24-205
Miss. Code Ann. § 75-24-205
Status: in_force

A consumer reporting agency shall notify a person who requests a consumer report if a security freeze is in effect for the consumer file involved in that report.
Miss. Code Ann. § 75-39-11 — MS Code / Title 75 / Chapter 12 / Section 39-11
Miss. Code Ann. § 75-39-11
Status: in_force

The state livestock sanitary board is hereby authorized to make such rules and regulations as may be necessary to administer the provisions of this chapter and to prevent the spread of disease among poultry.
Miss. Code Ann. § 75-24-5 — MS Code / Title 75 / Chapter 12 / Section 24-5
Miss. Code Ann. § 75-24-5
Status: in_force

(1) Unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited. Action may be brought under Section 75-24-5(1) only under the provisions of Section 75-24-9 .

(2) Without limiting the scope of subsection (1) of this section, the following unfair methods of competition and unfair or deceptive trade practices or acts in the conduct of any trade or commerce are prohibited:

(a) Passing off goods or services as those of another;

(b) Misrepresentation of the source, sponsorship, approval, or certification of goods or services;

(c) Misrepresentation of affiliation, connection, or association with, or certification by another;

(d) Misrepresentation of designations of geographic origin in connection with goods or services;

(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

(f) Representing that goods are original or new if they are reconditioned, reclaimed, used, or secondhand;

(g) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(h) Disparaging the goods, services, or business of another by false or misleading representation of fact;

(i) Advertising goods or services with intent not to sell them as advertised;

(j) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(k) Misrepresentations of fact concerning the reasons for, existence of, or amounts of price reductions;

(l) Advertising by or on behalf of any licensed or regulated health care professional which does not specifically describe the license or qualifications of the licensed or regulated health care professional;

(m) Charging an increased premium for reinstating a motor vehicle insurance policy that was cancelled or suspended by the insured solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. It is also an unfair practice for an insurer to charge an increased premium for a new motor vehicle insurance policy if the applicant for coverage or his covered dependents were previously insured with a different insurer and canceled that policy solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. For purposes of determining premiums, an insurer shall consider such persons as having maintained continuous coverage. The provisions of this paragraph (m) shall apply only to such instances when the insured does not drive the vehicle during the period of cancellation or suspension of his policy;

(n) Violating the provisions of Section 75-24-8 ;

(o) Violating the provisions of Section 73-3-38 ;

(p) Violating any of the provisions of Title 41, Chapter 149, Mississippi Code of 1972; and

(q) Violating any of the provisions of Title 45, Chapter 38, Mississippi Code of 1972 .
Miss. Code Ann. § 75-12-21 — MS Code / Title 75 / Chapter 12 / Section 12-21
Miss. Code Ann. § 75-12-21
Status: in_force

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.