Miss. Code Ann. § 69-2-13 — MS Code / Title 69 / Chapter 2 / Section 2-13
Miss. Code Ann. § 69-2-13
Status: repealed

(1) There is hereby established in the State Treasury a fund to be known as the “Emerging Crops Fund,” which shall be used to pay the interest on loans made to farmers for nonland capital costs of establishing production of emerging crops on land in Mississippi, and to make loans and grants which are authorized under this section to be made from the fund. The fund shall be administered by the Mississippi Development Authority. A board comprised of the directors of the authority, the Mississippi Cooperative Extension Service, the Mississippi Small Farm Development Center and the Mississippi Agricultural and Forestry Experiment Station, or their designees, shall develop definitions, guidelines and procedures for the implementation of this chapter. Funds for the Emerging Crops Fund shall be provided from the issuance of bonds or notes under Sections 69-2-19 through 69-2-37 and from repayment of interest loans made from the fund.

(2)(a) The Mississippi Development Authority shall develop a program which gives fair consideration to making loans for the processing and manufacturing of goods and services by agribusiness, greenhouse production horticulture, and small business concerns. It is the policy of the State of Mississippi that the Mississippi Development Authority shall give due recognition to and shall aid, counsel, assist and protect, insofar as is possible, the interests of agribusiness, greenhouse production horticulture, and small business concerns. To ensure that the purposes of this subsection are carried out, the Mississippi Development Authority shall loan not more than One Million Dollars ($1,000,000.00) to finance any single agribusiness, greenhouse production horticulture, or small business concern. Loans made pursuant to this subsection shall be made in accordance with the criteria established in Section 57-71-11 .

(b) The Mississippi Development Authority may, out of the total amount of bonds authorized to be issued under this chapter, make available funds to any planning and development district in accordance with the criteria established in Section 57-71-11 . Planning and development districts which receive monies pursuant to this provision shall use such monies to make loans to private companies for purposes consistent with this subsection.

(c) The Mississippi Development Authority is hereby authorized to engage legal services, financial advisors, appraisers and consultants if needed to review and close loans made hereunder and to establish and assess reasonable fees, including, but not limited to, liquidation expenses.

(d) The State Auditor may conduct performance and compliance audits under this chapter according to Section 7-7-211(o) and may bill the oversight agency.

(3)(a) The Mississippi Development Authority shall, in addition to the other programs described in this section, provide for the following programs of loans to be made to agribusiness or greenhouse production horticulture enterprises for the purpose of encouraging thereby the extension of conventional financing and the issuance of letters of credit to such agribusiness or greenhouse production horticulture enterprises by private institutions. Monies to make such loans by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund.

(b) The Mississippi Development Authority may make loans to agribusiness or greenhouse production horticulture enterprises. The amount of any loan to any single enterprise under this paragraph (b) shall not exceed twenty percent (20%) of the total cost of the project for which financing is sought or Two Hundred Fifty Thousand Dollars ($250,000.00), whichever is less. No interest shall be charged on such loans, and only the amount actually loaned shall be required to be repaid. Repayments shall be deposited into the Emerging Crops Fund.

(c) The Mississippi Development Authority also may make loans under this subsection (3) to existing agribusiness or greenhouse production horticulture enterprises for the purpose of assisting such enterprises to make upgrades, renovations, repairs and other improvements to their equipment, facilities and operations, which shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) or thirty percent (30%) of the total cost of the project for which financing is sought, whichever is less. No interest shall be charged on loans made under this paragraph, and only the amount actually loaned shall be required to be repaid. Repayments shall be deposited into the Emerging Crops Fund.

(d) The maximum aggregate amount of loans that may be made under this subsection (3) to any one (1) agribusiness shall be not more than Five Hundred Thousand Dollars ($500,000.00).

(4)(a) Through June 30, 2010, the Mississippi Development Authority may loan or grant to qualified planning and development districts, and to small business investment corporations, bank-based community development corporations, the Recruitment and Training Program, Inc., the City of Jackson Business Development Loan Fund, the Lorman Southwest Mississippi Development Corporation, the West Jackson Community Development Corporation, the East Mississippi Development Corporation, and other entities meeting the criteria established by the Mississippi Development Authority (all referred to hereinafter as “qualified entities”), funds for the purpose of establishing loan revolving funds to assist in providing financing for minority economic development. The monies loaned or granted by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund and shall not exceed Twenty-nine Million Dollars ($29,000,000.00) in the aggregate. Planning and development districts or qualified entities which receive monies pursuant to this provision shall use such monies to make loans to minority business enterprises consistent with criteria established by the Mississippi Development Authority. Such criteria shall include, at a minimum, the following:

(i) The business enterprise must be a private, for-profit enterprise.

(ii) If the business enterprise is a proprietorship, the borrower must be a resident citizen of the State of Mississippi; if the business enterprise is a corporation or partnership, at least fifty percent (50%) of the owners must be resident citizens of the State of Mississippi.

(iii) The borrower must have at least five percent (5%) equity interest in the business enterprise.

(iv) The borrower must demonstrate ability to repay the loan.

(v) The borrower must not be in default of any previous loan from the state or federal government.

(vi) Loan proceeds may be used for financing all project costs associated with development or expansion of a new small business, including fixed assets, working capital, start-up costs, rental payments, interest expense during construction and professional fees related to the project.

(vii) Loan proceeds shall not be used to pay off existing debt for loan consolidation purposes; to finance the acquisition, construction, improvement or operation of real property which is to be held primarily for sale or investment; to provide for, or free funds, for speculation in any kind of property; or as a loan to owners, partners or stockholders of the applicant which do not change ownership interest by the applicant. However, this does not apply to ordinary compensation for services rendered in the course of business.

(viii) The maximum amount that may be loaned to any one (1) borrower shall be Two Hundred Fifty Thousand Dollars ($250,000.00).

(ix) The Mississippi Development Authority shall review each loan before it is made, and no loan shall be made to any borrower until the loan has been reviewed and approved by the Mississippi Development Authority.

(b) For the purpose of this subsection, the term “ minority business enterprise ” means a socially and economically disadvantaged small business concern, organized for profit, performing a commercially useful function which is owned and controlled by one or more minorities or minority business enterprises certified by the Mississippi Development Authority, at least fifty percent (50%) of whom are resident citizens of the State of Mississippi. Except as otherwise provided, for purposes of this subsection, the term “socially and economically disadvantaged small business concern” shall have the meaning ascribed to such term under the Small Business Act ( 15 USCS, Section 637(a) ), or women, and the term “ owned and controlled ” means a business in which one or more minorities or minority business enterprises certified by the Mississippi Development Authority own sixty percent (60%) or, in the case of a corporation, sixty percent (60%) of the voting stock, and control sixty percent (60%) of the management and daily business operations of the business. However, an individual whose personal net worth exceeds Five Hundred Thousand Dollars ($500,000.00) shall not be considered to be an economically disadvantaged individual.

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

(c) Notwithstanding any other provision of this subsection to the contrary, if federal funds are not available for commitments made by a planning and development district to provide assistance under any federal loan program administered by the planning and development district in coordination with the Appalachian Regional Commission or Economic Development Administration, or both, a planning and development district may use funds in its loan revolving fund, which have not been committed otherwise to provide assistance, for the purpose of providing temporary funding for such commitments. If a planning and development district uses uncommitted funds in its loan revolving fund to provide such temporary funding, the district shall use funds repaid to the district under the temporarily funded federal loan program to replenish the funds used to provide the temporary funding. Funds used by a planning and development district to provide temporary funding under this paragraph (c) must be repaid to the district's loan revolving fund no later than twelve (12) months after the date the district provides the temporary funding. A planning and development district may not use uncommitted funds in its loan revolving fund to provide temporary funding under this paragraph (c) on more than two (2) occasions during a calendar year. A planning and development district may provide temporary funding for multiple commitments on each such occasion. The maximum aggregate amount of uncommitted funds in a loan revolving fund that may be used for such purposes during a calendar year shall not exceed seventy percent (70%) of the uncommitted funds in the loan revolving fund on the date the district first provides temporary funding during the calendar year.

(d) If the Mississippi Development Authority determines that a planning and development district or qualified entity has provided loans to minority businesses in a manner inconsistent with the provisions of this subsection, then the amount of such loans so provided shall be withheld by the Mississippi Development Authority from any additional grant funds to which the planning and development district or qualified entity becomes entitled under this subsection. If the Mississippi Development Authority determines, after notifying such planning and development district or qualified entity twice in writing and providing such planning and development district or qualified entity a reasonable opportunity to comply, that a planning and development district or qualified entity has consistently failed to comply with this subsection, the Mississippi Development Authority may declare such planning and development district or qualified entity in default under this subsection and, upon receipt of notice thereof from the Mississippi Development Authority, such planning and development district or qualified entity shall immediately cease providing loans under this subsection, shall refund to the Mississippi Development Authority for distribution to other planning and development districts or qualified entities all funds held in its revolving loan fund and, if required by the Mississippi Development Authority, shall convey to the Mississippi Development Authority all administrative and management control of loans provided by it under this subsection.

(e) If the Mississippi Development Authority determines, after notifying a planning and development district or qualified entity twice in writing and providing copies of such notification to each member of the Legislature in whose district or in a part of whose district such planning and development district or qualified entity is located and providing such planning and development district or qualified entity a reasonable opportunity to take corrective action, that a planning and development district or qualified entity administering a revolving loan fund under the provisions of this subsection is not actively engaged in lending as defined by the rules and regulations of the Mississippi Development Authority, the Mississippi Development Authority may declare such planning and development district or qualified entity in default under this subsection and, upon receipt of notice thereof from the Mississippi Development Authority, such planning and development district or qualified entity shall immediately cease providing loans under this subsection, shall refund to the Mississippi Development Authority for distribution to other planning and development districts or qualified entities all funds held in its revolving loan fund and, if required by the Mississippi Development Authority, shall convey to the Mississippi Development Authority all administrative and management control of loans provided by it under this subsection.

(5) The Mississippi Development Authority shall develop a program which will assist minority business enterprises by guaranteeing bid, performance and payment bonds which such minority businesses are required to obtain in order to contract with federal agencies, state agencies or political subdivisions of the state. The Mississippi Development Authority may secure letters of credit, as determined necessary by the authority, to guarantee bid, performance and payment bonds pursuant to this subsection. Monies for such program shall be drawn from the monies allocated under subsection (4) of this section to assist the financing of minority economic development and shall not exceed Three Million Dollars ($3,000,000.00) in the aggregate. The Mississippi Development Authority may promulgate rules and regulations for the operation of the program established pursuant to this subsection. For the purpose of this subsection (5), the term “minority business enterprise” has the meaning assigned such term in subsection (4) of this section.

(6) The Mississippi Development Authority may loan or grant to public entities and to nonprofit corporations funds to defray the expense of financing (or to match any funds available from other public or private sources for the expense of financing) projects in this state which are devoted to the study, teaching and/or promotion of regional crafts and which are deemed by the authority to be significant tourist attractions. The monies loaned or granted shall be drawn from the Emerging Crops Fund and shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) in the aggregate.

(7) Through June 30, 2006, the Mississippi Development Authority shall make available to the Mississippi Department of Agriculture and Commerce funds for the purpose of establishing loan revolving funds and other methods of financing for agribusiness programs administered under the Mississippi Agribusiness Council Act of 1993. The monies made available by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund and shall not exceed One Million Two Hundred Thousand Dollars ($1,200,000.00) in the aggregate. The Mississippi Department of Agriculture and Commerce shall establish control and auditing procedures for use of these funds. These funds will be used primarily for quick payment to farmers for vegetable and fruit crops processed and sold through vegetable processing plants associated with the Department of Agriculture and Commerce and the Mississippi State Extension Service.

(8) From and after July 1, 1996, the Mississippi Development Authority shall make available to the Mississippi Small Farm Development Center One Million Dollars ($1,000,000.00) to be used by the center to assist small entrepreneurs as provided in Section 37-101-25, Mississippi Code of 1972 . The monies made available by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund.

(9) [Repealed]

(10) The Mississippi Development Authority shall make available to the Small Farm Development Center at Alcorn State University funds in an aggregate amount not to exceed Three Hundred Thousand Dollars ($300,000.00), to be drawn from the cash balance of the Emerging Crops Fund. The Small Farm Development Center at Alcorn State University shall use such funds to make loans to producers of sweet potatoes and cooperatives anywhere in the State of Mississippi owned by sweet potato producers to assist in the planting of sweet potatoes and the purchase of sweet potato production and harvesting equipment. A report of the loans made under this subsection shall be furnished by January 15 of each year to the Chairman of the Senate Agriculture Committee and the Chairman of the House Agriculture Committee.

(11) The Mississippi Development Authority shall make available to the Mississippi Department of Agriculture and Commerce “Make Mine Mississippi” program an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) to be drawn from the cash balance of the Emerging Crops Fund.

(12) The Mississippi Development Authority shall make available to the Mississippi Department of Agriculture and Commerce an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) to be drawn from the cash balance of the Emerging Crops Fund to be used for the rehabilitation and maintenance of the Mississippi Farmers Central Market in Jackson, Mississippi.

(13) The Mississippi Development Authority shall make available to the Mississippi Department of Agriculture and Commerce an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) to be drawn from the cash balance of the Emerging Crops Fund to be used for advertising purposes related to the Mississippi Farmers Central Market in Jackson, Mississippi.

(14)(a) The Mississippi Development Authority shall, in addition to the other programs described in this section, provide for a program of loan guaranties to be made on behalf of any nonprofit entity qualified under Section 501(c)(3) of the Internal Revenue Code and certified by the United States Department of the Treasury as a community development financial institution for the purpose of encouraging the extension of financing to such an entity which financing the entity will use to make funds available to other entities for the purpose of making loans available in low-income communities in Mississippi. Monies to make such loan guaranties by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund and shall not exceed Two Million Dollars ($2,000,000.00) in the aggregate. The amount of a loan guaranty on behalf of such an entity under this subsection (14) shall not exceed Two Million Dollars ($2,000,000.00). Assistance received by an entity under this subsection (14) shall not disqualify the entity from obtaining any other assistance under this chapter.

(b) An entity desiring assistance under this subsection (14) must submit an application to the Mississippi Development Authority. The application must include any information required by the Mississippi Development Authority.

(c) The Mississippi Development Authority shall have all powers necessary to implement and administer the program established under this subsection (14), and the Mississippi Development Authority shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this subsection (14).

(15)(a) The Mississippi Development Authority shall, in addition to the other programs described in this section, provide for a program of grants to agribusiness enterprises that process, dry, store or ship peanuts and if the enterprise has invested prior to April 17, 2009, a minimum of Six Million Dollars ($6,000,000.00) in land, facilities and equipment in this state that are utilized to process, dry, store or ship peanuts. Monies to make such grants by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund and shall not exceed One Million Dollars ($1,000,000.00) in the aggregate. The amount of a grant under this subsection (15) shall not exceed One Million Dollars ($1,000,000.00).

(b) An entity desiring assistance under this subsection (15) must submit an application to the Mississippi Development Authority. The application must include a description of the project for which assistance is requested, the cost of the project for which assistance is requested, the amount of assistance requested and any other information required by the Mississippi Development Authority.

(c) As a condition of the receipt of a grant under this subsection (15), an entity must agree to remain in business in this state for not less than five (5) years and must meet other conditions established by the Mississippi Development Authority to ensure that the assistance results in an economic benefit to the state. The Mississippi Development Authority shall require that binding commitments be entered into requiring that:

(i) The minimum requirements provided for in this subsection (15) and the conditions established by the Mississippi Development Authority are met; and

(ii) If such commitments and conditions are not met, all or a portion of the funds provided pursuant to this subsection (15) shall be repaid.

(d) The Mississippi Development Authority shall have all powers necessary to implement and administer the program established under this subsection (15), and the Mississippi Development Authority shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this subsection (15).

(16)(a) The Mississippi Development Authority, in addition to the other programs described in this section, shall provide for a program of loan guaranties to be made on behalf of certain agribusinesses engaged in sweet potato growing and farming for the purpose of encouraging thereby the extension of conventional financing and the issuance of letters of credit to such agribusinesses by lenders. The amount of a loan guaranty made on behalf of such an agribusiness shall be ninety percent (90%) of the amount of assistance made available by a lender for the purposes authorized under this subsection (16). Monies to make such loan guaranties by the Mississippi Development Authority shall be drawn from the Emerging Crops Fund and shall not exceed Seventeen Million Dollars ($17,000,000.00) in the aggregate.

(b) In order to be eligible for assistance under this subsection (16) an agribusiness must:

(i) Have been actively engaged in sweet potato growing and farming in this state before January 1, 2010;

(ii) Have incurred a disaster-related loss for sweet potato growing and farming purposes for calendar year 2009, as determined by a lender;

(iii) Agree to obtain and maintain federal Noninsured Agricultural Program (NAP) insurance coverage for the outstanding balance of any assistance received under this subsection (16); and

(iv) Satisfy underwriting criteria established by a lender related to loans under this subsection (16).

(c)(i) An entity desiring assistance under this subsection must submit an application for assistance to a lender not later than August 1, 2010. The application must include:

1. Information verifying the length of time the applicant has been actively engaged in sweet potato growing and farming in this state;

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

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

4. The amount of assistance requested;

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

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

(ii) The lender shall review the application for assistance and determine whether the applicant qualifies for assistance under this subsection (16). If the lender determines that the applicant qualifies for assistance, the lender shall loan funds to the applicant subject to the provisions of this subsection (16).

(d) Loans made under this subsection (16) shall be subject to the following conditions:

(i) The maximum amount of a loan to a borrower shall not exceed One Thousand Seven Hundred Dollars ($1,700.00) per acre and shall exclude any machinery and equipment costs.

(ii) The proceeds of a loan may be used only for paying a borrower's sweet potato planting, production and harvesting costs, excluding machinery and equipment costs.

(iii) The proceeds of a loan may not be used to repay, satisfy or finance existing debt.

(iv) The time allowed for repayment of a loan shall not be more than five (5) years, and there shall be no penalty, fee or other charge imposed for the prepayment of a loan.

(e) The receipt of assistance by a person or other entity under any other program described in this section shall not disqualify the person or entity from obtaining a loan under the program established in this subsection (16) if the person or entity is otherwise eligible under this program. In addition, the receipt of a loan by a person or other entity under the program established under this subsection (16) shall not disqualify the person or entity from obtaining assistance under any other program described in this section.

(f) The Mississippi Development Authority shall have all powers necessary to implement and administer the program established under this subsection (16), and the Mississippi Development Authority shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this subsection (16).

(17) Notwithstanding any other provision of this section to the contrary, the Mississippi Development Authority shall not provide loans, loan guaranties, grants or any other form of assistance to medical cannabis establishments as defined in the Mississippi Medical Cannabis Act.
Miss. Code Ann. § 69-27-53 — MS Code / Title 69 / Chapter 3 / Section 27-53
Miss. Code Ann. § 69-27-53
Status: in_force

Agencies of this state which shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or be charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district organized hereunder, shall cooperate to the fullest extent with the commissioners of such districts in the effectuation of programs and operations undertaken by the commissioners under the provisions of this article. The commissioners of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of land-use regulations adopted pursuant to Section 69-27-37 , shall have the force and effect of law over all such publicly owned lands, and shall be in all respects observed by the agencies administering such lands.
Miss. Code Ann. § 69-49-1 — MS Code / Title 69 / Chapter 2 / Section 49-1
Miss. Code Ann. § 69-49-1
Status: in_force

(1) Any person or entity who willfully and knowingly damages or destroys any field crop product that is grown for personal or commercial purposes, or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state or local government agency, shall be liable for twice the value of the crop damaged or destroyed.

(2) In awarding damages under this section, the courts shall consider the market value of the crop prior to damage or destruction and production, research, testing, replacement and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop.

(3) Damages available under this section shall be limited to twice the market value of the crop prior to damage or destruction plus twice the actual damages involving production, research, testing, replacement and crop development costs directly related to the crop that has been damaged or destroyed.

(4) For the purposes of this section, “ field crop ” means any product grown, developed or raised for purposes, including, but not limited to, human or animal consumption, research, industrial, commercial or pharmacological purposes.
Miss. Code Ann. § 69-13-107 — MS Code / Title 69 / Chapter 3 / Section 13-107
Miss. Code Ann. § 69-13-107
Status: in_force

The Mississippi Highway Safety Patrol shall, in the alternative:

(a) Provide necessary equipment to remove such livestock from the highways and shall impound all livestock found on all highways as provided in this article, or

(b) Contract for and obtain the services of private individuals to remove such livestock from the highways and impound the same in the private pen or enclosures provided by such private individuals, in accordance with the provisions of this article.
Miss. Code Ann. § 69-25-31 — MS Code / Title 69 / Chapter 1 / Section 25-31
Miss. Code Ann. § 69-25-31
Status: in_force

The Commissioner of Agriculture and Commerce shall have power to make reciprocal agreements with the responsible officials of other states under which nursery stock or plants from any other state may be sold or delivered in Mississippi under the same conditions required for the sale or delivery of Mississippi nursery stock or plants in the state concerned.
Miss. Code Ann. § 69-27-55 — MS Code / Title 69 / Chapter 3 / Section 27-55
Miss. Code Ann. § 69-27-55
Status: in_force

Any twenty-five (25) owners of land lying within the limits of a portion of a soil and water conservation district organized under the provisions of this article may petition the State Soil and Water Conservation Committee asking that the described area be withdrawn from the present district, or that the district be dissolved, and consolidated with another district or segment of another district, and that the area withdraw or the composite area be designated as an individual soil and water conservation district, with all the powers and responsibilities designated to soil and water conservation districts by law. Such petition shall set forth:

(a) The proposed name of such district.

(b) That there is a need for adjustment of boundaries or reorganization of territory, to provide for a separate soil and water conservation district to function in the territory described in the petition, in the interest of public health, safety, and welfare.

(c) A description of the territory proposed to be included in the adjusted boundaries, or the territory to be withdrawn from an existing district, and the total territory to be included in the new district.

(d) A request that the State Soil and Water Conservation Committee duly define the boundaries for such district; that one or more public hearings be held to determine the feasibility and propriety of such changes; and that the committee determine that such adjustments be made or such district created.

Where more than one petition is filed covering parts of the same territory, the State Soil and Water Conservation Committee may consolidate all or any such petitions.
Miss. Code Ann. § 69-25-23 — MS Code / Title 69 / Chapter 5 / Section 25-23
Miss. Code Ann. § 69-25-23
Status: in_force

Whenever the Commissioner of Agriculture and Commerce finds that there exists outside of this state any destructive or nuisance insect pest, disease or noxious weed, the commissioner may give public notice thereof, specifying the locations, the plants and the plant products infested, infected or declared noxious and which are likely to become infested or infected therewith. In order to safeguard the environment, agricultural and horticultural production, plants and plant products, the movement of such plants or plant products or other things or substances into this state from the infected or infested locality shall thereafter be prohibited until the commissioner determines that the danger of the introduction into this state of such insect pests, diseases or noxious weeds from such locality has ceased to exist.
Miss. Code Ann. § 69-37-11 — MS Code / Title 69 / Chapter 5 / Section 37-11
Miss. Code Ann. § 69-37-11
Status: in_force

Every person growing cotton in this state shall furnish to the commissioner and the corporation on forms supplied by the commissioner such information as the commissioner may require concerning the size and location of all commercial cotton fields and of noncommercial plantings of cotton grown as an ornamental plant or for any other purposes.
Miss. Code Ann. § 69-27-35 — MS Code / Title 69 / Chapter 3 / Section 27-35
Miss. Code Ann. § 69-27-35
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(p) No provision with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized hereunder unless the Legislature shall specifically so state.
Miss. Code Ann. § 69-24-7 — MS Code / Title 69 / Chapter 9 / Section 24-7
Miss. Code Ann. § 69-24-7
Status: in_force

(1) The following information shall appear on the fact or display side of all containers or accompany bulk shipments of soil or plant amendments; it shall be in a readable and conspicuous form, and shall be considered the label:

(a) net weight

(b) brand name

(c) minimum guaranteed analysis amending ingredients

name of ingredient . . . . . . __________%

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

(d) inert ingredients. . . . . . __________%

(e) purpose of product

(f) direction for application

(g) name and address of the registrant

(2) No information or statement shall appear on any package, label, delivery slip, or advertising matter which is false or misleading to the purchaser as to the use, value, quality, analysis, type or composition of the soil or plant amendment.

(3) The commissioner and State Chemist may require proof of claims made for any soil or plant amendments. If no claims are made, the commissioner and State Chemist may require proof obtained in controlled scientific experiments of usefulness and value of the soil or plant amendment. For evidence of proof they may rely on experimental data, evaluation, or advice supplied from such sources as the director of the Mississippi Agricultural and Forestry Experiment Station and the director of the Mississippi Cooperative Extension Service. The experimental results shall be related to Mississippi conditions for which the product is intended. The commissioner and State Chemist may accept or reject other sources of proof cited as additional evidence in their evaluation of soil or plant amendments.

(4) No amending ingredient may be listed or guaranteed on the labels or labeling of soil or plant amendments without the permission of the commissioner and State Chemist. The commissioner and State Chemist may allow a soil or plant amending ingredient to be listed and guaranteed on the label or labeling if satisfactory supportive data is provided to substantiate the value and usefulness of such soil or plant amending ingredient. The commissioner and State Chemist may rely on outside sources such as the director of the Mississippi Agricultural and Forestry Experiment Station and the director of the Mississippi Cooperative Extension Service for assistance in evaluating the data submitted. When a soil amending ingredient is permitted to be listed or guaranteed, its concentration in the soil or plant amendment must be determinable by approved laboratory methods, and it shall be subject to inspection and analysis. The commissioner and State Chemist may prescribe methods and procedures of inspection and analysis of the soil or plant amending ingredient. The commissioner and State Chemist may stipulate, by regulation, the minimum qualities of soil or plant amending ingredient(s) required in soil or plant amendments.

(5) The commissioner and State Chemist may allow labeling by volume rather than weight in subsection (1) for liquid products. The commissioner and State Chemist may allow payment of inspection fees on a calculated weight equivalent to that volume.
Miss. Code Ann. § 69-25-207 — MS Code / Title 69 / Chapter 3 / Section 25-207
Miss. Code Ann. § 69-25-207
Status: in_force

(1) Pursuant to the provisions of this article, cultivation and processing of hemp, as defined in Section 69-25-203 , are authorized in this state. Cultivation and processing of hemp are subject to regulation by the department and may only be performed by persons or business entities that hold a valid license or registration issued hereunder.

(2) The commissioner shall create a State Plan for submission to and approval by the United States Department of Agriculture and the United States Secretary of Agriculture. The commissioner and department shall promulgate such reasonable regulations as necessary to implement the State Plan and provisions of this article. The commissioner and the department shall be authorized to promulgate any rule or regulation deemed necessary for the administration of the provisions of this article in compliance with any federal law, rule or regulation promulgated by the United States Department of Agriculture.

(3) The department is authorized to accept applications, and issue licenses and/or registrations for all hemp growers and hemp processors. The department shall adopt and enforce all rules and regulations related to those licenses and/or registrations.

(4) All hemp growers must be licensed by the department.

(5) All hemp processors must register with the department.

(6) All licensed holders and registered processors shall keep and maintain crop and/or processing records in accordance with rules and regulations adopted and enforced by the department. The department may subject the required records to inspection. The department may make an inspection for the purpose of ensuring compliance with:

(a) USDA guidelines;

(b) Provisions of this article;

(c) Department rules and regulations;

(d) Any terms or conditions of a license issued hereunder;

(e) Registration with the department; or

(f) A final department order directed to the grower's or processor's hemp operations or activities.

(7) All hemp growers and processors shall be subject to a background investigation conducted by the Department of Public Safety, which shall include both a state and federal background check.
Miss. Code Ann. § 69-27-2 — MS Code / Title 69 / Chapter 1 / Section 27-2
Miss. Code Ann. § 69-27-2
Status: in_force

The State Soil and Water Conservation Committee is hereby renamed the State Soil and Water Conservation Commission. The State Soil and Water Conservation Commission shall retain all powers and duties as were accorded to the committee, and wherever the term “State Soil and Water Conservation Committee” or “committee” appears in any law heretofore or hereafter enacted, the same shall be construed to mean the State Soil and Water Conservation Commission.
Miss. Code Ann. § 69-47-11 — MS Code / Title 69 / Chapter 3 / Section 47-11
Miss. Code Ann. § 69-47-11
Status: in_force

If a certified farm, field or greenhouse unit is removed from organic management, it may be recertified after passage of three (3) years without the application of a prohibited pesticide and two (2) years without the application of a prohibited fertilizer or other prohibited material.
Miss. Code Ann. § 69-35-3 — MS Code / Title 69 / Chapter 5 / Section 35-3
Miss. Code Ann. § 69-35-3
Status: in_force

(1) It is hereby declared and the Legislature hereby finds that:

(a) Dairy products are basic foods that are a valuable part of the human diet;

(b) The production of dairy products plays a significant role in the state's economy, the milk from which dairy products are manufactured is produced by milk producers and dairy products are consumed by thousands of people throughout the state and the United States;

(c) Dairy products must be readily available and marketed efficiently to ensure that the people of the state receive adequate nourishment;

(d) The maintenance and expansion of existing markets for dairy products are vital to the welfare of milk producers and those concerned with marketing, using and producing dairy products, as well as to the general economy of the state;

(e) Dairy products move in intrastate, interstate and foreign commerce;

(f) The Ninety-eighth Congress of the United States enacted the Dairy Production Stabilization Act of 1983 and established the National Dairy Board ( 7 U.S.C. 4501 et seq. ) authorizing the establishment of orderly procedures for financing promotional and educational programs for milk and dairy products through a mandatory Fifteen Cents (15¢) per hundredweight assessment on all milk produced in the United States for commercial use, and the carrying out of a coordinated program of promotion designed to strengthen the dairy industry's position in the marketplace, and authorizing such orderly procedures to permit a milk producer or a producer's cooperative to establish that the producer is participating in active, ongoing qualified state or regional dairy product promotion or nutrition education programs intended to increase consumption of milk and dairy products generally, to receive credit in determining the assessment due from such producer for contributions to such state programs in an amount not in excess of Ten Cents (10¢) per hundredweight of milk marketed; and

(g) The American Dairy Association of Mississippi has been designated by the Secretary of Agriculture of the United States Department of Agriculture as a qualified promotional organization pursuant to the terms of the Dairy Production Stabilization Act of 1983 ( 7 U.S.C. Section 4501 et seq. ).

(2) It, therefore, is declared to be the policy of the Legislature that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this act, of an orderly procedure for financing (through assessments on all milk produced in the state for commercial use) and carrying out a coordinated program of promotion designed to strengthen the dairy industry's position in the marketplace and to maintain and expand domestic and foreign markets and uses for fluid milk and dairy products produced in the state and the United States. All funds obtained by the state ADA as a result of the passage of this act shall be exclusively utilized to promote the dairy industry within the State of Mississippi, and its contiguous states. Nothing in this act may be construed to provide for the control of production or otherwise limit the right of individual milk producers to produce milk.
Miss. Code Ann. § 69-27-351 — MS Code / Title 69 / Chapter 5 / Section 27-351
Miss. Code Ann. § 69-27-351
Status: in_force

No bond issued under Sections 69-27-345 through 69-27-365 shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified on the bonds; and all bonds of the same maturity shall bear the same rate of interest from date to maturity. All interest accruing on bonds shall be payable semiannually or annually, except the first interest coupon attached to any bond may be for any period not exceeding one (1) year. If bonds are issued in coupon form, no interest payment shall be evidenced by more than one (1) coupon, and neither cancelled nor supplemental coupons shall be permitted. If serial bonds, such bonds shall mature annually, and the first maturity date thereof shall not be more than five (5) years from the date of such bonds.
Miss. Code Ann. § 69-17-11 — MS Code / Title 69 / Chapter 2 / Section 17-11
Miss. Code Ann. § 69-17-11
Status: in_force

The said Board of Animal Health is hereby authorized and directed to promulgate rules and regulations not inconsistent with this article, which may be necessary to its effective administration.
Miss. Code Ann. § 69-46-1 — MS Code / Title 69 / Chapter 2 / Section 46-1
Miss. Code Ann. § 69-46-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Land, Water and Timber Resources Act.”
Miss. Code Ann. § 69-47-15 — MS Code / Title 69 / Chapter 1 / Section 47-15
Miss. Code Ann. § 69-47-15
Status: in_force

(1) The department may conduct or provide for audits of all documents used to verify that certified products meet organic standards.

(2) These audits shall include, where appropriate:

(a) An inventory audit, a listing of the formulations of the product, percent accuracy in labeling, the amount bought and sold per product and producer or destination and the number of vendors and amount of product per vendor; or

(b) A farm audit, listing the amounts sold per product, date and destination and the area and location planted of each product with dates of harvest.

(3) Information contained in audit records that is exempt under the Public Records Act of Mississippi shall remain confidential. Such exempt confidential information shall include, but not be limited to:

(a) Information that, if released, would give advantage to competitors or bidders; and

(b) Trade secrets and commercial or financial information obtained from a person and privileged or confidential by statute or judicial decision.
Miss. Code Ann. § 69-27-209 — MS Code / Title 69 / Chapter 9 / Section 27-209
Miss. Code Ann. § 69-27-209
Status: in_force

The board of supervisors of a county as designated in Section 69-27-201 may, on the recommendation of the soil erosion committee, or shall, if so required by the election hereinafter provided for, advertise for bids as in other cases and purchase the proper terracing and/or ditching machinery, either for the county as a whole or for any one or more supervisors districts thereof as a soil erosion district, and provide the necessary labor for the operation thereof, and the necessary supplies and maintenance to properly operate the same, subject, however, to the approval of the soil erosion committee herein otherwise provided. In event the board of supervisors shall fail or refuse to advertise for bids for the purchase of any machinery recommended by said soil erosion committee within sixty (60) days after receipt of such recommendation, it shall, on the filing with it of a petition signed by ten percent (10%) or more of the qualified electors of the county as a whole, or of one or more supervisors districts as the petition may provide, call and hold as in other cases a special election in said county, or in such one or more supervisors districts, within sixty (60) days after the filing of the petition, in which election the question shall be, for or against the purchase of terracing and/or ditching machinery for the county, or for one or more supervisors districts as the case may be; and if a majority of the votes cast in said election be in favor of the purchase of such machinery, then said board shall, at its next meeting, advertise for bids for the purchase thereof, and thereafter further perform the duties required of it hereunder with respect to soil erosion work. Such advertisement for bids shall constitute notice to the public of the intention of the board to make such purchase and the board may proceed accordingly unless on or before the first day of the meeting at which said bids are to be opened a petition, signed by twenty percent (20%) or more of the qualified electors of the county, exclusive of those who pay poll tax only, or if the soil erosion district is composed of one or more supervisors districts then of twenty percent (20%) or more of such soil erosion district, shall be filed with the clerk of the board protesting against such purchase, in which event such purchase shall not be made unless approved in an election called and held for the purpose in the manner provided for the calling and holding of elections on the question of the issuance of tax anticipation note or notes. Said board shall have full supervision of all soil erosion work, the machinery, labor, supplies, contracts, and the funds arising from work performed, from taxation, if any, or otherwise, except to the extent herein otherwise specifically provided; and in administering the soil erosion fund the board shall take into consideration the repairs and replacements incident to the operation of the character of machinery in use in order that the work may continue without undue interruption as long as may be necessary. In event machinery be purchased hereunder for soil erosion districts composed of one or more supervisors districts, but less than the whole county, then the soil erosion fund shall be administered in one or more subdivisions as may be necessary, so as to keep separate the operations of the several soil erosion districts of the county, and the taxes levied, if any, shall likewise be levied upon said separate soil erosion districts, in the same manner as for separate road districts; and for these purposes such separate soil erosion districts may be designated by name or number, to be declared by the board. All acts and proceedings of the board with respect to soil erosion work and the funds thereof shall be by order upon its minutes, as in other cases. Contracts for terracing and/or ditching shall be performed as nearly as possible in the order of their dates, any deviation therefrom by reason of necessity, public convenience, causes beyond the control of the committee, or agreement with the landowners, to be under the direction of the soil erosion committee. Only one (1) committee shall be appointed in said county, regardless of the number of soil erosion districts in operation therein.
Miss. Code Ann. § 69-27-105 — MS Code / Title 69 / Chapter 2 / Section 27-105
Miss. Code Ann. § 69-27-105
Status: in_force

Upon the acceptance by the Secretary of Agriculture of each such plan submitted pursuant to Section 69-27-103 , the university is authorized and empowered to accept and receive all grants of money made pursuant to said Soil Conservation and Domestic Allotment Act for the purpose of enabling the state to carry out the provisions of such plan, and all such funds, together with any moneys which may be appropriated by the state for such purpose, shall be available to the university for expenditures necessary in carrying out the plan, including administrative expenses, expenditures in connection with educational programs in aid of the plan, and benefit payments.
Miss. Code Ann. § 69-5-113 — MS Code / Title 69 / Chapter 1 / Section 5-113
Miss. Code Ann. § 69-5-113
Status: in_force

The board of supervisors of any county in Mississippi is hereby authorized, in its discretion, to appropriate money out of the general fund of the county, not to exceed the sum of one thousand dollars ($1,000.00) annually, to aid in the payment of premiums and awards made and given by livestock shows located, held and operated in the livestock show district in which such county is embraced and included, as provided in Section 69-5-103 , and to help defray the expenses of such livestock shows.

Any funds appropriated, as provided in the first paragraph hereof, may be paid over to the directors of such livestock show, or to the local committee in charge of such livestock show, as the board of supervisors may determine; and such funds shall be used in helping to pay for prizes or awards offered at such show and other expenses incurred in promoting and carrying out such livestock shows.
Miss. Code Ann. § 69-37-35 — MS Code / Title 69 / Chapter 3 / Section 37-35
Miss. Code Ann. § 69-37-35
Status: in_force

The commissioner, with the consent of the corporation, is authorized to exempt from the assessment penalty requirements set forth in this chapter those cotton growers for whom paying the assessment penalties would impose an undue financial hardship, and the commissioner is authorized to establish, upon the recommendation of the corporation, a payment plan in those hardship cases. This exemption shall be implemented as follows:

(a) The commissioner, with the consent of the corporation, shall adopt rules and regulations defining the criteria to be used in determining financial hardship. However, no exemption shall be granted to any cotton grower who, after the amount of assessments and penalties otherwise due has been subtracted from his taxable net income, has a net income exceeding Fifteen Thousand Dollars ($15,000.00) for the year in which he seeks an exemption;

(b) Any cotton grower who claims an exemption shall apply on a form prescribed by the commissioner. A separate application shall be filed for each calendar year in which a cotton grower claims an exemption. Each application shall contain an explanation of the conditions to be met for approval. An oath shall be included on the form that upon completion shall be returned to the commissioner;

(c) The commissioner shall forward all completed exemption application forms to the corporation. The corporation shall determine from the information contained in the application forms whether or not the applicants qualify for a hardship exemption (exemption from penalty) and may recommend a payment plan to the commissioner; and

(d) The corporation shall notify the commissioner of its determination, which shall be binding upon the applicants. Upon receipt of the determination of the corporation, the commissioner shall promptly notify each affected cotton grower of that determination. If an exemption has been denied, assessments and penalties for the year in which the application was made shall become due at the time they would otherwise have become due had no application for exemption been filed or within thirty (30) days after the date of the commissioner's notice of an adverse determination, whichever is later.
Miss. Code Ann. § 69-27-14 — MS Code / Title 69 / Chapter 5 / Section 27-14
Miss. Code Ann. § 69-27-14
Status: in_force

(1) There is hereby created in the State Treasury a fund designated as the Wildflower Seed Revolving Fund to be used by the Mississippi Soil and Water Conservation Commission to contract for the purchase of wildflower seeds from public or private providers, for resale to local conservation districts or other governmental entities for planting programs.

(2) The Wildflower Revolving Fund shall be funded by monies received from the sale of seeds to the local conservation districts or other governmental entities. Monies collected from the sales shall be deposited into the Wildflower Revolving Fund. The State Treasurer shall make disbursements for payment of purchase of wildflower seeds upon requisition by the Soil and Water Conservation Commission and upon the issuance of warrants by the Department of Finance and Administration.
Miss. Code Ann. § 69-11-7 — MS Code / Title 69 / Chapter 3 / Section 11-7
Miss. Code Ann. § 69-11-7
Status: in_force

The commissioner is hereby charged with the execution and enforcement of the provisions of this chapter and the state veterinarian shall have authority to exercise all of the powers vested in the commissioner in the enforcement of the provisions of this chapter and the rules and regulations promulgated hereunder.
Miss. Code Ann. § 69-23-101 — MS Code / Title 69 / Chapter 8 / Section 23-101
Miss. Code Ann. § 69-23-101
Status: in_force

Sections 69-23-101 through 69-23-135 may be known as the “Mississippi Pesticide Application Law of 1975.”
Miss. Code Ann. § 69-37-39 — MS Code / Title 69 / Chapter 2 / Section 37-39
Miss. Code Ann. § 69-37-39
Status: in_force

There is created within the State Treasury a special fund to be designated the “Boll Weevil Management Fund” into which shall be deposited all the revenues required to be deposited into the fund under Section 27-65-75(14) . Money deposited into the fund shall not lapse at the end of any fiscal year and investment earning on the proceeds in the special fund shall be deposited into the fund. Money from the fund shall be disbursed therefrom upon warrants issued by the State Fiscal Officer upon requisitions signed by the Commissioner of Agriculture and Commerce to assist the Mississippi Boll Weevil Management Corporation in carrying out its duties under the Mississippi Boll Weevil Management Act ( Section 69-37-1 et seq. ). The commissioner shall disburse all of the money the department receives from the fund to the Mississippi Boll Weevil Management Corporation, as defined in Section 69-37-5 , for the exclusive purpose of reducing the per acre grower assessments.
Miss. Code Ann. § 69-17-201 — MS Code / Title 69 / Chapter 8 / Section 17-201
Miss. Code Ann. § 69-17-201
Status: in_force

(1) It shall be unlawful for any person, firm, corporation or association to have in possession or keep, sell or offer for sale, barter, exchange, give away or otherwise dispose of hog cholera virus, except at Mississippi State University of Agriculture and Applied Science and under the supervision of a licensed veterinarian and with a special written permit issued by the board of animal health. “Hog cholera virus” means an unattenuated virus administered to swine for the purpose of immunizing such swine from the disease known as hog cholera.

(2) Any person, firm, corporation or association violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
Miss. Code Ann. § 69-9-1 — MS Code / Title 69 / Chapter 3 / Section 9-1
Miss. Code Ann. § 69-9-1
Status: in_force

The purpose of this chapter is to promote the growth and development of the soybean industry in Mississippi by research, advertisement promotions and education and market development, thereby promoting the general welfare of the people of this state.
Miss. Code Ann. § 69-23-5 — MS Code / Title 69 / Chapter 5 / Section 23-5
Miss. Code Ann. § 69-23-5
Status: in_force

(1) It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:

(a) Any pesticide which has not been registered pursuant to the provisions of Section 69-23-7 or any pesticide if any of the claims made for it or any of the directions for its use differ from its composition or representations made in connection with its registration; provided, that in the discretion of the commissioner a change in the labeling or formula of a pesticide may be made within a reregistration period within requiring registration of the product if the registration is amended to reflect such change and if the changes will not violate any provisions of FIFRA or this chapter.

(b) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one (1) through which the required information on the immediate container cannot be clearly read, a label bearing:

(i) The name and address of the manufacturer, registrant or person for whom manufactured;

(ii) The name, brand, or trademark under which said article is sold;

(iii) The net weight or measure of the content, subject, however, to such reasonable variations as the commissioner may permit;

(iv) A batch number from which the date of packaging can be determined for certain pesticides which have been determined to deteriorate in relatively short periods, when requested by the commissioner;

(v) The EPA registration number assigned to each establishment in which it was produced and the EPA registration number assigned to the pesticide if required by regulation under FIFRA;

(vi) Any other information required by this chapter or regulation promulgated thereunder; except that this subsection (b) shall not apply:

(i) To the transportation, within the meaning of this section, of refined petroleum naphtha or refined petroleum distillate, by tank truck, or by tank cars, or in tanks by rail;

(ii) To the delivery of refined petroleum naphtha or refined petroleum distillate from a storage tank, or tank truck, in a quantity of not less than fifty (50) gallons, if, at the time of such delivery the person delivering the said material delivers to the person to whom the delivery is made, or his agent or representative, a written or printed statement containing the information, with respect to the material delivered, required by the provision of clauses (i), (ii) and (iii) of this subsection (b);

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

(c) Any pesticide which contains any substance or substances in quantities highly toxic to man, determined as provided in Section 69-23-9 , unless the label shall bear, in addition to any other matter required by this chapter:

(i) The skull and crossbones;

(ii) The word “poison” prominently, in red on a background of distinctly contrasting color;

(iii) A statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide.

(d) Any pesticide which has not been colored or discolored pursuant to the provisions of this chapter.

(e) Any pesticide which is adulterated or misbranded.

(f) Any pesticide in containers which are unsafe due to damage.

(2) It shall be unlawful:

(a) For any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in this chapter or regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter;

(b) For any person to use for his own advantage or to reveal, other than to the commissioner or proper officials or employees of the state or the EPA, or to the courts of this state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in preparation of antidotes, any information relative to formulas of products acquired by authority of this chapter or any information judged by the commissioner as containing or relating to trade secrets or commercial or financial information obtained by authority of this chapter and marked as confidential by the registrant;

(c) For any person to distribute any pesticide labeled for restricted use to any person, or his agent who is not certified to use or purchase such pesticide;

(d) For any person to use or cause to be used any pesticide in a manner inconsistent with its labeling or to regulations of the commissioner if those regulations further restrict the uses provided on the labeling;

(e) For any person to handle, transport, store, display, distribute or dispose of any pesticide or container in such a manner as to endanger man and his environment.

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

(3) In addition to any criminal remedy set forth in subsection (2), remedies for misappropriation of a trade secret shall be governed by the Mississippi Uniform Trade Secrets Act, Sections 75 - 26 -1 through 75-26-19.
Miss. Code Ann. § 69-17-1 — MS Code / Title 69 / Chapter 1 / Section 17-1
Miss. Code Ann. § 69-17-1
Status: in_force

This article shall be known and may be cited and referred to as the “Livestock Biologics and Drug Law of 1958.”
Miss. Code Ann. § 69-21-109 — MS Code / Title 69 / Chapter 1 / Section 21-109
Miss. Code Ann. § 69-21-109
Status: in_force

(1) The department may adopt any rules and regulations as may be necessary or desirable to implement the provisions of this article, to control and regulate the aerial application of agricultural substances in this state, and to restrict the use of any agricultural substances that create hazards to the health, safety and welfare of the citizens of Mississippi. The department shall establish by regulation professional standards for applicators and pilots in the interest of the safety, welfare and general well-being of the citizens of Mississippi and for the protection of the state's fish and wildlife, air, water and soil. No rule or regulation adopted under the terms of this article shall be effective unless it has first been submitted to and approved by the Advisory Board of the Bureau of Plant Industry, a division of the department, established in Section 69-25-3 .

(2) The department is authorized to procure samples of agricultural substances before and after they are mixed for testing purposes.

(3) The department is authorized to maintain an office and employ necessary personnel within its budget to carry out the purposes of this article.

(4) It shall be the duty of the department, and the department shall have the authority, to enforce this article and all rules and regulations made and adopted in compliance with this article. The department shall not have jurisdiction to determine liability between private parties.

(5) The department's representatives shall have the authority to enter into any premises where there is reason to believe that an agricultural substance is being or has been applied by a pilot or any applicator's office or place of operations or where he is preparing to apply any of the materials herein stated, for the purpose of enforcement of this article. The department shall have authority to inspect all aircraft and equipment found on the premises, to take samples of any agricultural substances and to inspect and copy any records found on the premises.

(6) The department may cooperate with or enter into formal cooperative agreements with any public or private agency or educational institution of this state or any other state or federal agency for the purpose of carrying out the provisions of this article.
Miss. Code Ann. § 69-13-23 — MS Code / Title 69 / Chapter 5 / Section 13-23
Miss. Code Ann. § 69-13-23
Status: in_force

The party against whom judgment may be given in a case to enforce a lien pursuant to Section 69-13-21 may appeal to the circuit court as other cases.
Miss. Code Ann. § 69-15-9 — MS Code / Title 69 / Chapter 10 / Section 15-9
Miss. Code Ann. § 69-15-9
Status: in_force

(1)(a) The Board of Animal Health shall have plenary power to deal with all contagious and infectious diseases of animals as in the opinion of the board may be prevented, controlled or eradicated, and with full power to make, promulgate and enforce such rules and regulations as in the judgment of the board may be necessary to control, eradicate and prevent the introduction and spread of anthrax, tuberculosis, hog cholera, Texas and splenic fever and the fever-carrying tick (margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, hog cholera, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, chronic wasting disease and any suspected new and/or foreign diseases of livestock and poultry and all other diseases of animals in this state, and the board is hereby vested with full authority to establish and maintain quarantine lines and to quarantine by county, supervisors district, parcel of land or herd. The State Veterinarian shall appoint as many inspectors and range riders as may be deemed necessary, and the funds at his disposal will permit, and shall delegate authority to said inspectors and range riders, to enter premises to inspect and disinfect livestock and premises, and enforce quarantine including counties, farms, pens, stables and other premises.

(b) No veterinarian may provide veterinary services for the control, eradication or prevention of diseases in animals at a stockyard, livestock auction, equine sale or other place or event of livestock trading unless he has first been approved by the board for this purpose. The board shall have the authority to adopt rules and regulations as may be necessary or desirable to carry out the purposes of this paragraph.

(2) No officer or agent of the State Veterinarian may enter the actual enclosures of any person except with the consent of the person lawfully in possession thereof or in the absence of such consent, with a proper writ obtained as in other cases of searches and seizures under constitutional law. When such officers and agents are lawfully on the premises, either by permission or writ, they shall be authorized to inspect the premises and the livestock and animals found thereon by entering the enclosures and buildings and they are authorized to check livestock and poultry found therein for any contagious diseases and take proper action to control or eradicate any such diseases that may be found. While such officers and agents are performing their duties hereunder, they shall not be personally liable except for gross negligence. The refusal without lawful reason of any person to give the consent aforesaid shall be deemed a misdemeanor and shall be punishable as for violations of Article 5 of this chapter as provided for in Section 69-15-115 .

The Board of Animal Health shall administer the special fund created in Section 69-15-19 .

(3)(a) The Board of Animal Health shall have plenary power to control, prevent, eradicate, inspect and monitor chronic wasting disease or other contagious disease of exotic cervids or other exotic livestock. It shall be the duty of the board to develop an inspection, testing and monitoring program for such diseases.

(b) An officer or agent of the State Veterinarian is authorized to enter any facility containing cervids or other exotic livestock to inspect the premises and the cervids or exotic livestock. Such officer or agent may inspect, monitor or test any cervid or exotic livestock for disease and may take proper action to control or eradicate any diseases found. While such officers or agents are performing their duties, they shall not be personally liable, except for gross negligence.

(c) As a condition of maintaining a permit for a cervid or other exotic livestock facility, it shall be the duty of the permittee to allow the agents of the State Veterinarian to enter the facility and to conduct inspections and tests.

(4) As a condition of maintaining a permit for a cervid or other exotic livestock facility, the permittee shall immediately notify the State Veterinarian upon discovery of the escape of a cervid or exotic livestock. Any such animal shall be treated as an escaped wild animal and may be disposed of accordingly.
Miss. Code Ann. § 69-15-309 — MS Code / Title 69 / Chapter 9 / Section 15-309
Miss. Code Ann. § 69-15-309
Status: in_force

If it shall be determined by the State Veterinarian, or his authorized agent, that any county or counties shall be partially or completely infested with the cattle tick (Margaropus annulatus), the board of supervisors of said counties which are partially or completely infested with the cattle tick (Margaropus annulatus) shall immediately take up the work of systematic tick eradication as provided in this article.
Miss. Code Ann. § 69-24-5 — MS Code / Title 69 / Chapter 9 / Section 24-5
Miss. Code Ann. § 69-24-5
Status: in_force

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

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

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

(c) “Bulk” means in nonpackaged form.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(s) “Weight” means the weight of material as offered for sale.
Miss. Code Ann. § 69-19-15 — MS Code / Title 69 / Chapter 1 / Section 19-15
Miss. Code Ann. § 69-19-15
Status: in_force

(1)(a) Any person violating this chapter or the rules and regulations issued under this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment for not more than one (1) year, or by both such fine and imprisonment at the discretion of the court having jurisdiction.

(b) Each violation and each day's violation shall constitute a separate offense.

(c) Any person violating this chapter or the rules and regulations issued under this chapter in such a way that causes harm or poses a threat to man, animals or the environment is guilty of a felony and, upon conviction, shall be punished by a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by imprisonment in the State Penitentiary for a term of not more than twenty (20) years or by both such fine and imprisonment for each violation.

(2) Each violation of this chapter or the applicable rules and regulations shall subject the violator to administrative action as provided for in Sections 69-25-51 through 69-25-63 .
Miss. Code Ann. § 69-24-11 — MS Code / Title 69 / Chapter 3 / Section 24-11
Miss. Code Ann. § 69-24-11
Status: in_force

The commissioner and State Chemist are authorized and empowered to refuse registration of a soil or plant amendment if they find the brand of soil or plant amendment violates any section of this chapter or the rules and regulations promulgated under this chapter. The commissioner and State Chemist are authorized and empowered to cancel the registration of any brand of soil or plant amendments upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this chapter, or any rules or regulations promulgated thereunder; provided, that no registration shall be revoked until the registrant shall have been given the opportunity to appear for a hearing by the commissioner and State Chemist.
Miss. Code Ann. § 69-27-31 — MS Code / Title 69 / Chapter 1 / Section 27-31
Miss. Code Ann. § 69-27-31
Status: in_force

Within thirty (30) days after the date of issuance by the Secretary of State of a certificate of organization of a soil and water conservation district, nominating petitions may be filed with the State Soil and Water Conservation Committee to nominate candidates for commissioners of such district. The committee shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the committee unless it shall be subscribed by twenty-five (25) or more owners of lands lying within the boundaries of such district. Landowners may sign more than one such nominating petition to nominate more than one candidate for commissioner but in no event shall a landowner sign more than three (3) such nominating petitions. The committee is hereby authorized to enact and implement rules to provide that not more than one commissioner shall be a resident of any one county or supervisors district, unless there is no person qualified and willing to serve in another county or supervisors district. The committee shall give due notice of an election to be held for the election of three (3) commissioners for the district. The names of all nominees, on behalf of whom such nominating petitions have been filed within the time herein designated, shall appear, arranged in alphabetical order of the surnames, upon ballots, with a square before each name and a direction to insert an X mark in the square before any three (3) names to indicate the voter's preference. All owners of lands lying within the district shall be eligible to vote in such election. Only such landowners shall be eligible to vote. The three (3) candidates who receive a majority of the votes cast in such an election shall be elected commissioners for such district. In the event any candidate fails to receive a majority, then the candidates receiving the largest number of votes shall run off in an election to be held two (2) weeks thereafter. The committee shall pay all the expenses of such elections, shall supervise conduct thereof, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results of same.
Miss. Code Ann. § 69-25-39 — MS Code / Title 69 / Chapter 3 / Section 25-39
Miss. Code Ann. § 69-25-39
Status: in_force

In construing and enforcing the provisions of this article, omission or failure of any official, agent or other person acting for or employed by any association, partnership, or corporation within the scope of his employment of office shall, in every case, also be deemed the act, omission or failure of such association, partnership or corporation as well as that of the person.
Miss. Code Ann. § 69-39-15 — MS Code / Title 69 / Chapter 5 / Section 39-15
Miss. Code Ann. § 69-39-15
Status: in_force

The commissioner may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lot of agricultural liming material and to hold at a designated place when the commissioner finds such agricultural liming material is being offered or exposed for sale in violation of any of the provisions of this chapter or regulations adopted pursuant thereto until the law has been complied with and the agricultural liming material is released in writing by the commissioner or the violation has been otherwise legally disposed of by written authority. The commissioner shall release the agricultural liming material so withdrawn when the requirements of the provisions of this chapter or regulations adopted pursuant thereto have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
Miss. Code Ann. § 69-21-115 — MS Code / Title 69 / Chapter 5 / Section 21-115
Miss. Code Ann. § 69-21-115
Status: in_force

Any person seeking to obtain a license as an applicator in this state shall submit proof of financial responsibility to the department, and upon obtaining a license, the person shall maintain proof of financial responsibility at all times while the license shall be in effect. Proof of financial responsibility shall be established by:

(a) Depositing with the department a surety bond in favor of any person or persons who may suffer damage by reason of the operation of an aerial application service, issued by a corporate surety company authorized to do business in this state, which surety bond shall be in an amount not less than the amount of financial responsibility required by the rules and regulations of the department. However, the aggregate liability of the surety to all such persons shall not, in any event, exceed the amount of the bond; or

(b) The filing of a general liability insurance policy issued by an insurance company authorized to do business in this state insuring the licensee and any of his agents against liability resulting from the operation of an agricultural aviation service, which insurance policy shall be in an amount deemed as acceptable to the department, as follows:

(i) Not less than One Hundred Thousand Dollars ($100,000.00) for personal injury;

(ii) Not less than Three Hundred Thousand Dollars ($300,000.00) in the aggregate for multiple injuries; and

(iii) Not less than One Hundred Thousand Dollars ($100,000.00) for property damage.

The department shall establish by rules and regulations the amount of financial responsibility to be required of each licensed applicator, but in no event shall the amount of financial responsibility required be less than the amounts prescribed in paragraph (b) of this section.
Miss. Code Ann. § 69-3-11 — MS Code / Title 69 / Chapter 2 / Section 3-11
Miss. Code Ann. § 69-3-11
Status: in_force

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

(1) When sold and delivered by a farmer-grower of this state on his own premises, but a farmer-grower is required to label seed when sold and shipped away from his premises, but is not required to hold the seedsman's permit. These provisions do not apply to commercial growers of seed.

(2) When sold or represented to be sold for purposes other than seeding, providing that the vendor shall make it unmistakably clear to the purchaser of such seed that it is not for seeding purposes.

(3) When seed for processing is being transported to, or consigned to, or stored in a processing or cleaning establishment, provided that the invoice or labeling accompanying said seed bears the statement “seed for processing.” Other labeling or representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this article.

(4) No label shall be required, unless requested by the purchaser, on agricultural seed, mixtures of same, vegetable seed, flower, and tree and shrub seed when such seeds are sold directly to and in the presence of the purchaser and taken from a container labeled in accordance with this article.

(5) No person shall be subjected to the penalties of this article for having sold, offered or exposed for sale in this state agricultural seed, mixtures of same, vegetable seed, flower seed, or tree and shrub seed which were incorrectly labeled or represented as to kind, variety or origin, which seed cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower's declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated.
Miss. Code Ann. § 69-23-121 — MS Code / Title 69 / Chapter 9 / Section 23-121
Miss. Code Ann. § 69-23-121
Status: in_force

The Mississippi Cooperative Extension Service shall conduct courses of instruction and training for the purpose of carrying out the provisions of Sections 69-23-101 through 69-23-135 .
Miss. Code Ann. § 69-25-37 — MS Code / Title 69 / Chapter 1 / Section 25-37
Miss. Code Ann. § 69-25-37
Status: in_force

Any person affected by any rule or regulations made, or notice given, pursuant to this article, may have a review thereof by the Commissioner of Agriculture and Commerce for the purpose of having such rule, regulation or notice modified, suspended or withdrawn. Such review shall be allowed and considered and the cost thereof fixed, assessed, collected and paid in such manner and in accordance with such rules and regulations as may be prescribed by the commissioner.
Miss. Code Ann. § 69-15-305 — MS Code / Title 69 / Chapter 9 / Section 15-305
Miss. Code Ann. § 69-15-305
Status: in_force

The State Veterinarian shall appoint the necessary number of local state inspectors and range riders to assist the counties in systematic tick eradication, who shall be commissioned by the Board of Animal Health as livestock inspectors. The salaries of said inspectors and range riders shall be fixed by the Board of Animal Health and shall be sufficient to insure the employment of competent men. If the services of any of said inspectors or range riders is not satisfactory to the State Veterinarian, his services shall be immediately discontinued, and the decision of the state veterinarian, after confirmation by the board, shall be final without recourse and the commission of said inspector shall be cancelled. The salaries of said inspectors shall be paid from funds at the disposal of the Board of Animal Health, drawn by secretary and approved by chairman.
Miss. Code Ann. § 69-25-59 — MS Code / Title 69 / Chapter 5 / Section 25-59
Miss. Code Ann. § 69-25-59
Status: in_force

(1) Any individual aggrieved by a final decision of the hearing committee shall be entitled to judicial review.

(2) An appeal from the decision of the hearing committee shall be made by filing a written notice of appeal with the circuit court clerk of the county where the accused resides, or in the case of a nonresident accused, in the Circuit Court of the First Judicial District of Hinds County. The notice of appeal and the payment of costs must be filed and paid with the circuit clerk, within thirty (30) days of the entry of the order being appealed. The appeal shall otherwise be conducted in accordance with existing laws and rules.

(3) Any party aggrieved by the action of the circuit court may appeal to the Mississippi Supreme Court in the manner provided by law and rules.
Miss. Code Ann. § 69-27-59 — MS Code / Title 69 / Chapter 8 / Section 27-59
Miss. Code Ann. § 69-27-59
Status: in_force

(1) All statutory provisions pertaining to the qualifications, appointment, election, and tenure of commissioners, and the powers of districts and commissioners shall apply to districts whose boundaries are revised or which are reconstituted under Sections 69-27-55 to 69-27-61 .

(2) The provisions of Sections 69-27-55 to 69-27-61 shall not be interpreted to remove from office commissioners previously appointed or elected to serve existing soil and water conservation districts. However, the State Soil and Water Conservation Committee is empowered to establish rules whereby these officers will continue to serve, either in the existing district, or in the newly constituted district, until the termination date of their present term of office.
Miss. Code Ann. § 69-3-113 — MS Code / Title 69 / Chapter 3 / Section 3-113
Miss. Code Ann. § 69-3-113
Status: in_force

The duly approved state seed certifying agency is hereby vested with the full authority to establish, create and specify rules and regulations for the designation of seeds, plants and plant parts and other farm products as certified or Mississippi certified to be grown, harvested, offered for sale or distributed. Such rules and regulations shall be approved by the state seed board before becoming effective. No seeds, plants or plant parts or other farm products grown or to be grown in Mississippi shall be eligible for certification hereunder except by full compliance as to standards, requirements and forms of or for certification as may be made by the duly approved state seed certifying agency. No certification within the provisions of this article shall be made or authorized except through the approved state certifying agency as herein provided.
Miss. Code Ann. § 69-13-305 — MS Code / Title 69 / Chapter 1 / Section 13-305
Miss. Code Ann. § 69-13-305
Status: in_force

The ranger shall keep a book in which he shall register all certificates of estrays delivered or returned to him, and shall file the same in regular order; and without delay, on receipt of such certificate, he shall advertise the same, stating therein the name of the person by whom the estray was taken up and the description and marks thereof, and the amount of the appraisement. If the appraisement exceed twenty dollars, he shall publish the advertisement three weeks in the nearest newspaper; and if the appraisement be less than twenty dollars, such advertisement shall be put up in three public places in the county, one of which shall be at the courthouse door. He shall also make out a correct list of all estrays in his county, and put up the same at the door of the courthouse on the first day of each regular January and July meeting of the board of supervisors, stating therein such as have been proved away or sold, or have escaped or died.
Miss. Code Ann. § 69-7-263 — MS Code / Title 69 / Chapter 3 / Section 7-263
Miss. Code Ann. § 69-7-263
Status: in_force

There is hereby imposed and levied an assessment at a rate not to exceed Three Cents (3¢) per case on all eggs produced in Mississippi wherever distributed or marketed and on all eggs marketed in Mississippi wherever distributed or produced. The rate of assessment shall be determined by the board. At the time of the sale, the egg producer shall provide evidence that all assessments provided herein have been paid. However, if the first sale of the eggs is made to a dealer or distributor, the producer shall pay to the dealer or the distributor the amount of the assessment owed; whereupon the dealer or distributor to whom such payment is made shall remit the assessment to the Commissioner of Agriculture and Commerce in accordance with the rules and regulations established and promulgated by the board. The board or the commissioner shall have the power to cause any duly authorized agent or representative to enter upon the premises of any dealer or handler of eggs and examine, or cause to be examined by such agent, any books, papers and records which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this article.

All costs incurred by the board or the commissioner in examining or causing the examination of such books, papers and records shall be taxed against the dealer or handler. Cost shall be assessed at the rate of One Hundred Dollars ($100.00) per day or fraction thereof for each agent conducting the examination. Travel expenses shall be assessed in the manner and amount specified in Section 25-3-41 , and other expenses shall be assessed at actual cost. All costs taxed against a dealer or handler for the examination of books, papers and records shall be paid within fifteen (15) days from the date such notice of cost is mailed to the dealer or handler.

The proceeds of the assessment levied under this article shall be collected by the Commissioner of Agriculture and Commerce in such manner and method as shall be prescribed by him in accordance with the provisions of this article. The funds derived from the assessment shall be paid into the State Treasury on or before the fifteenth day of each month and shall be deposited in a special fund in the State Treasury, which shall be established by the State Treasurer to the credit of the Mississippi Egg Marketing Board, and such funds shall be used by the board solely for the administration of this article. All costs, expenses and obligations incurred by the board for its operation and carrying out the purposes of this article shall be paid out of the special fund herein provided for after expenditures thereof shall have been authorized by the Legislature. Provided further, that the Mississippi Egg Marketing Board shall render to the Mississippi Legislature a detailed annual report of all collections and expenditures of the moneys collected under the provisions of this article. Any egg producer may request and receive a refund of the amount of assessment paid for the previous reporting period, provided he makes a written application with the Mississippi Egg Marketing Board within sixty (60) days from date of payment supported by bona fide copy of payment voucher and copy of canceled check. The application forms shall be prepared by the board and shall be available at the request of the producer. All such applications shall be processed and refunds paid within sixty (60) days after the funds have been received by the board.
Miss. Code Ann. § 69-13-107 — MS Code / Title 69 / Chapter 1 / Section 13-107
Miss. Code Ann. § 69-13-107
Status: in_force

The Mississippi Highway Safety Patrol shall, in the alternative:

(a) Provide necessary equipment to remove such livestock from the highways and shall impound all livestock found on all highways as provided in this article, or

(b) Contract for and obtain the services of private individuals to remove such livestock from the highways and impound the same in the private pen or enclosures provided by such private individuals, in accordance with the provisions of this article.
Miss. Code Ann. § 69-24-27 — MS Code / Title 69 / Chapter 9 / Section 24-27
Miss. Code Ann. § 69-24-27
Status: in_force

The commissioner and State Chemist may adopt, amend or repeal rules and regulations relating to sampling, analytical methods, forms, minimum percentage, soil or plant amending ingredients, exempted materials, investigational allowances, definitions, records, labels, labeling, liability bond, misbranding, mislabeling and the distribution of soil or plant amendments as may be necessary to carry into effect the full intent and meaning of this chapter.
Miss. Code Ann. § 69-23-21 — MS Code / Title 69 / Chapter 10 / Section 23-21
Miss. Code Ann. § 69-23-21
Status: in_force

(1) Any pesticide that is distributed, sold or offered for sale within this state or delivered for transportation or transported to intrastate commerce or between points within this state through any point outside this state shall be liable to be proceeded against in any circuit court in any county of the state where it may be found and seized for confiscation and condemnation:

(a) If it is adulterated or misbranded;

(b) If it has not been registered under the provisions of Section 69-23-7 ;

(c) If it fails to bear on its label the information required by this chapter;

(d) If it is a white power pesticide and is not colored as required under this chapter.

(2) If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale, as the court may direct, and the proceeds, if such article is sold, less legal costs, shall be paid to the commissioner for transmission to the General Funds of the State Treasury.

(3) When a decree of condemnation is entered against the article, court costs and fees and storage and other proper expenses shall be awarded against the person shown to be the claimant of the article.

(4) The remedy in this section is supplemental to and not in replacement of the remedies under Sections 69-25-51 through 69-25-63 .
Miss. Code Ann. § 69-33-7 — MS Code / Title 69 / Chapter 8 / Section 33-7
Miss. Code Ann. § 69-33-7
Status: in_force

The provisions of this chapter shall not be construed to prohibit employees of the State Highway Department or the employees of a county or municipality from engaging in normal activities of maintenance on the rights-of-way of public roads, streets or highways. Nor shall the provisions of this chapter be construed to grant the owner of any pecan trees the right to harvest pecans from the rights-of-way of any interstate or other limited access highway.
Miss. Code Ann. § 69-37-5 — MS Code / Title 69 / Chapter 8 / Section 37-5
Miss. Code Ann. § 69-37-5
Status: in_force

As used in this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) “ Assessment ” means the amount per acre to be charged each cotton grower to finance, in whole or part, a boll weevil suppression, pre-eradication, eradication or post-eradication program in this state. The assessments shall be based on scientifically sound data regarding the level of boll weevil infestation in the state and the anticipated cost of conducting the proposed program.

(b) “ Board ” means the Board of Directors of the Mississippi Boll Weevil Management Corporation.

(c) “ Boll weevil ” means Anthonomus grandis Boheman in any stage of development.

(d) “ Mississippi Boll Weevil Management Corporation Board of Directors ” means the statewide administrative board elected by all Mississippi cotton growers who are members of a local cotton growers association to serve and represent the interests and concerns of Mississippi cotton growers with respect to the administration of boll weevil management programs and the nonvoting advisory members as provided in Section 69-7-13 .

(e) “ Bureau ” means the Bureau of Plant Industry within the regulatory office of the Mississippi Department of Agriculture and Commerce.

(f) “ Certificate ” means a document issued or authorized by the Bureau of Plant Industry indicating that a regulated article is not contaminated with boll weevils.

(g) “ Cotton growers association ” means a local association with membership open to all Mississippi cotton growers. Cotton growers associations represent the interests and concerns of Mississippi cotton growers to the Mississippi Boll Weevil Management Corporation.

(h) “ Commissioner ” means the Commissioner of Agriculture and Commerce.

(i) “ Containment/maintenance program ” means a statewide program designed to monitor the level of boll weevil infestations to eliminate any reinfestation of boll weevils.

(j) “ Corporation ” means the Mississippi Boll Weevil Management Corporation.

(k) “ Cotton ” means any cotton plant or cotton plant products upon which the boll weevil is dependent for completion of any portion of its life cycle.

(l) “ Cotton grower ” means any person who under the rules and regulations of the United States Department of Agriculture is actively engaged in cotton farming.

(m) “ Department ” means the Mississippi Department of Agriculture and Commerce.

(n) “ Eradication program ” means any statewide program designed to eliminate, contain and monitor the boll weevil as an economic pest within a specified area.

(o) “ Host ” means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle.

(p) “ Infested ” means actually infested with a boll weevil or so exposed to infestation that it would be considered infested according to criteria established by program management and the Mississippi Boll Weevil Management Corporation.

(q) “ Information gathering program ” means any statewide program designed to gather information that will be used in administering a boll weevil management program.

(r) “ Management program ” means any statewide program designed to suppress or eradicate, contain and monitor the boll weevil or to gather information that will be used in planning or implementing such suppression or eradication programs.

(s) “ Permit ” means a document issued or authorized by the Bureau of Plant Industry to provide for the movement of regulated articles to restricted designations for limited handling, utilization or processing.

(t) “ Person ” means any individual, partnership, corporation, company, society, association or other business entity.

(u) “ Pest ” means any species of plant, animal, or microbe that adversely affects cotton production; including, but not limited to: insects, weeds, nematodes, bacteria, fungi, and viruses.

(v) “ Post-eradication program ” means any unified program designed to maintain boll weevil free status in the program area.

(w) “ Pre-eradication program ” means any statewide program designed to reduce overall boll weevil populations before entering a full scale eradication program.

(x) “ Region ” means a specific cotton growing area within the state as defined by the Technical Advisory Committee as those regions existed before July 1, 2010, defined based on similarities in boll weevil populations, cotton cultural practices, national topography and climate.

(y) “ Regulated article ” means any article of any character carrying or capable of carrying the boll weevil, including cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers and other equipment associated with cotton production, harvesting or processing.

(z) “ Suppression ” means any statewide program designed to reduce overall boll weevil populations throughout the specified area.

(aa) “ Technical Advisory Committee ” means a group of professional scientists in the fields of entomology, agronomy, agricultural economics and other appropriate disciplines appointed by the Boll Weevil Management Board to provide technical guidance in developing and conducting effective boll weevil management programs.
Miss. Code Ann. § 69-9-3 — MS Code / Title 69 / Chapter 3 / Section 9-3
Miss. Code Ann. § 69-9-3
Status: in_force

(1) The Mississippi Soybean Promotion Board is hereby created, to be composed of twelve (12) members to be appointed by the Governor to serve terms of three (3) years, as hereinafter provided. All of the twelve (12) members of the board shall be producers of soybeans in the State of Mississippi. Within ten (10) days following the effective date of this chapter, each of the following organizations, namely, Mississippi Farm Bureau Federation, Inc., Mississippi Feed and Grain Association, Mississippi Soybean Association and Delta Council shall submit the names of six (6) soybean producers to the Governor, and he shall appoint three (3) members from the nominees of each organization to serve on the board on rotating three-year terms. The original board shall be appointed with members of each of the aforenamed organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years, and one (1) for three (3) years. Each year thereafter, not less than thirty (30) days prior to the expiration of the terms of expiring board members, the aforenamed organizations shall submit the names of three (3) nominees to the Governor and succeeding boards shall be appointed by the Governor in the same manner, giving equal representation to each organization. Vacancies which occur shall be filled in the same manner as the original appointments were made.

(2) The members of the board shall meet and organize immediately after their appointment, and shall elect a chairman, vice-chairman and secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chairman, vice-chairman and secretary-treasurer shall be bonded in an amount not less than twenty thousand dollars ($20,000.00). The cost of said bonds shall be paid from the funds received under the provisions of this chapter. Such bond shall be a security for any illegal act of such member of the board and recovery thereon may be had by the state for any injury by such illegal act of such member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.
Miss. Code Ann. § 69-53-3 — MS Code / Title 69 / Chapter 3 / Section 53-3
Miss. Code Ann. § 69-53-3
Status: in_force

(1) Except as provided in subsection (2) of this section, an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities if the warning contained in Section 69-53-5 is posted as required and, except as provided in subsection (2) of this section, no participant or participant's representative can maintain an action against or recover from an agritourism professional for injury, loss, damage or death of the participant resulting exclusively from any of the inherent risks of agritourism activities. In any action for damages against an agritourism professional for agritourism activity, the agritourism professional may plead the provisions of this section as an affirmative defense.

(2) Nothing in subsection (1) of this section prevents or limits the liability of an agritourism professional if the agritourism professional does any one or more of the following:

(a) Commits or omits an act if the act or omission constitutes willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage or death to the participant.

(b) Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities or equipment used in the activity or the dangerous propensity of a particular animal used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage or death to the participant.

(c) Intentionally injures the participant.

(3) Nothing in subsection (1) of this section:

(a) Prevents or limits the liability of an agritourism professional under products liability laws.

(b) Shall be construed so as to negate that assumption of risk is an affirmative defense.

(4) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.
Miss. Code Ann. § 69-26-6 — MS Code / Title 69 / Chapter 5 / Section 26-6
Miss. Code Ann. § 69-26-6
Status: in_force

The department, agency or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the Compact shall have credited to his account, in the state treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.
Miss. Code Ann. § 69-13-337 — MS Code / Title 69 / Chapter 10 / Section 13-337
Miss. Code Ann. § 69-13-337
Status: in_force

If any person shall take up any horse, mare, mule, jack, cattle, sheep, goat or hog as an estray, contrary to the provisions of this article; or if any person, having taken up such animal, shall fail to send it to or notify the owner, if known, or to give information to the ranger as required, or shall fail to perform any duty required of him, or shall abuse such animal, or shall use the same in an unreasonable or improper manner, so that damage shall be done to the owner, or the value of the animal be impaired; or if any person shall take or send away an estray out of this state, or shall trade, sell, or barter the same; or if any taker up shall fail to deliver said estray to the ranger at the courthouse on the day of the sale of said estray, such person shall, for every such offense, be punished as for a misdemeanor, and, in addition thereto, shall be liable to the owner for the value of the animal; and the taker up shall forfeit all compensation for taking up and keeping such estray.
Miss. Code Ann. § 69-45-7 — MS Code / Title 69 / Chapter 1 / Section 45-7
Miss. Code Ann. § 69-45-7
Status: in_force

The department, in its discretion, may establish a program of grants, loans and subsidies to be matched by agricultural entities in the state to finance and promote agricultural economic development.
Miss. Code Ann. § 69-23-121 — MS Code / Title 69 / Chapter 5 / Section 23-121
Miss. Code Ann. § 69-23-121
Status: in_force

The Mississippi Cooperative Extension Service shall conduct courses of instruction and training for the purpose of carrying out the provisions of Sections 69-23-101 through 69-23-135 .
Miss. Code Ann. § 69-23-123 — MS Code / Title 69 / Chapter 8 / Section 23-123
Miss. Code Ann. § 69-23-123
Status: in_force

The commissioner may cooperate with or enter into formal cooperative agreements with any public or private agency or educational institution of this state or any other state or federal agency for the purpose of carrying out the provisions of Sections 69-23-101 through 69-23-135 , to encourage training of certified applicators and securing uniformity of regulations.
Miss. Code Ann. § 69-23-113 — MS Code / Title 69 / Chapter 5 / Section 23-113
Miss. Code Ann. § 69-23-113
Status: in_force

Any nonresident commercial applicator applying for a license under Sections 69-23-101 through 69-23-135 to operate in the state shall file a written power of attorney designating the Secretary of State as the agent of such nonresident upon whom service of process may be had in the event of any suit against the nonresident person, and such power of attorney shall be prepared and in such form as to render effective the jurisdiction of the courts of this state over such nonresident applicant. Any nonresident who has a duly appointed resident agent upon whom process may be served as provided by law shall not be required to designate the Secretary of State as such agent. The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents. The commissioner shall be furnished with a copy of such designation of the Secretary of State or of a resident agent, such copy to be duly certified by the Secretary of State.
Miss. Code Ann. § 69-23-109 — MS Code / Title 69 / Chapter 2 / Section 23-109
Miss. Code Ann. § 69-23-109
Status: in_force

(1) The commissioner may adopt regulations to carry out the provisions of Sections 69-23-1 through 69-23-135 .

(2) In adopting regulations, the commissioner shall give consideration to pertinent research findings and recommendations of other agencies of this state or federal government. The commissioner shall report to the Legislature on or before February 1 of each year any regulation promulgated under this section which is more restrictive than applicable federal regulations.

(3) Regulations promulgated by the commissioner under Sections 69-23-1 through 69-23-135 shall not be effective until approved by the advisory board created under Section 69-25-3 .

(4) In order to eliminate inequitable application or establishment of opposing regulations, the authority to regulate any matter pertaining to the registration, sale, handling, distribution, notification of use, application and use of pesticides shall vest solely in the Commissioner of Agriculture and Commerce, except where other state agencies, including the Agricultural Aviation Board, exercise such regulatory authority under state law.
Miss. Code Ann. § 69-15-331 — MS Code / Title 69 / Chapter 3 / Section 15-331
Miss. Code Ann. § 69-15-331
Status: in_force

(1) Except as otherwise provided in the particular sections of this chapter, any person, firm or corporation violating any of the provisions of Articles 1, 3, 5 and 7 of this chapter, or any of the rules and regulations of the Board of Animal Health or interfering with any duly appointed officer of said board in the discharge of his duty, or for having discharged his duties, shall be subject to the provisions of Sections 69-15-53 through 69-15-69 .

(2) When necessary to effect the purposes of this chapter, in addition to all other remedies in law or equity, the Commissioner of Agriculture and Commerce may and is hereby authorized to petition the chancery court for an injunction to prevent any violation of the provisions of this chapter, or the continuance of any such violation or to enforce compliance herewith. The chancery court is hereby vested with authority to entertain jurisdiction on any such petition to determine the cause and to issue such process as may be necessary to accomplish the purposes of this chapter.
Miss. Code Ann. § 69-23-7 — MS Code / Title 69 / Chapter 5 / Section 23-7
Miss. Code Ann. § 69-23-7
Status: in_force

(1) Every pesticide which is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the commissioner, and such registration shall be renewed annually. Products which have the same formula, are manufactured by the same person, the labeling of which contains the same claims, and the labels bear a designation identifying the products as the same pesticide, may be registered as a single pesticide. Additional names and labels shall be added by supplement statements during the current period of registration. The registrant shall file with the commissioner a statement including:

(a) The name and address of the registrant and the name and address of the person whose name will appear on the label if other than the registrant;

(b) The name of the pesticide;

(c) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use and the use classification as provided for in FIFRA;

(d) If requested by the commissioner, a full description of the tests made and the results upon which the claims are based. In the case of renewal of registration, a statement shall be required only for information which is different from that furnished when the pesticide was registered or last reregistered; and

(e) Any other information required by the commissioner which may be prescribed by regulation.

(2) The registrant shall pay an annual fee of Two Hundred Dollars ($200.00) for each brand or grade of pesticide registered. All of the fees collected under this section shall be deposited in a special fund in the Treasury of the State of Mississippi and subject to appropriation by the Mississippi Legislature. The fees shall be used by the Mississippi Department of Agriculture and Commerce for enforcement of this chapter. The Department of Agriculture and Commerce may contract with the Department of Environmental Quality for a groundwater monitoring program.

(3) The commissioner, whenever he deems it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. If it appears to the commissioner that the composition of the articles warrants the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of Section 69-23-5 , he shall register the article, if the article is registered under FIFRA. If the state is certified by the administrator of EPA to register pesticides pursuant to Section 24(c) of FIFRA, the commissioner may register the article to meet special local needs if he determines that the registration will not be in violation of FIFRA.

(4) If it does not appear to the commissioner that the article warrants the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this chapter, the commissioner may refuse to register the article. In order to protect the public, the commissioner may, at any time, cancel or suspend the registration of a pesticide if he determines that it does not comply with this chapter or creates an imminent hazard. If he receives a notice from the Commission on Environmental Quality under Section 49-17-26 in relation to state underground water quality standards, he may order the relabeling of any pesticide, or suspend or cancel the registration of any pesticide or any use of any pesticide, or adopt a regulation in accordance with Section 69-23-9 to protect the underground water resources, as defined in the Federal Safe Drinking Water Act. He may advise EPA of the manner in which a federally registered pesticide fails to comply with FIFRA and suggest the necessary corrections. Regulatory action taken under this subsection shall be conducted in accordance with Sections 69-25-51 through 69-25-63 .

(5) Notwithstanding any other provision of this chapter, registration is not required in case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person.
Miss. Code Ann. § 69-35-1 — MS Code / Title 69 / Chapter 5 / Section 35-1
Miss. Code Ann. § 69-35-1
Status: in_force

This act shall be known as the “Mississippi Dairy Promotion Act.”
Miss. Code Ann. § 69-15-325 — MS Code / Title 69 / Chapter 3 / Section 15-325
Miss. Code Ann. § 69-15-325
Status: in_force

Any person or persons, firm or corporation, driving, conveying, transporting or allowing to drift from any state or territory, into or through this state, or within this state from a quarantined county or area into a free county or area or into a county or area in which systematic tick eradication is in progress, animals infested with or exposed to the cattle fever tick (Margaropus annulatus) shall be deemed to be in violation of the animal health laws of this state and shall be subject to the provisions of Sections 69-15-53 through 69-15-69 . Nothing herein shall apply to livestock shipped through a recognized disinfecting station and accompanied by a regulation permit covering the movement therefrom.
Miss. Code Ann. § 69-7-327 — MS Code / Title 69 / Chapter 3 / Section 7-327
Miss. Code Ann. § 69-7-327
Status: in_force

Any container or subcontainer in which eggs are marketed to consumers shall bear on the outside portion of the container, but shall not be limited to, the following:

(a) The applicable consumer grade provided for in this article.

(b) The applicable size or weight class provided for in this article.

(c) The word “eggs.”

(d) The numerical count of the contents.

(e) The name and address of the producer, packer or distributor.

(f) The date the eggs were graded applied legibly to the carton or on the tape used to seal the carton. Such date shall be expressed as the consecutive day of the year.

(g) The words “keep refrigerated” or words of similar meaning.

Words and numerals used to designate the grade and size shall be in clearly legible bold-faced type at least three-eighths ( 3 / 8 ) inch in height.

Any person intending to reuse a carton shall obscure any inappropriate labeling thereon and relabel the carton in accordance with this section prior to refilling the carton with eggs.
Miss. Code Ann. § 69-45-5 — MS Code / Title 69 / Chapter 1 / Section 45-5
Miss. Code Ann. § 69-45-5
Status: in_force

For the purposes of this chapter, the following terms shall have the following meanings:

(a) “ Commissioner ” means the Commissioner of Agriculture and Commerce.

(b) “ Department ” means the Department of Agriculture and Commerce.

(c) “ Person ” means an individual, firm, partnership, corporation, association, business, trust, legal representative or any other business unit.

(d) “ Reproduce ” means to stencil, emboss, print, engrave, impress, imprint, lithograph or duplicate in any manner or to cause any such acts to be done.

(e) “ Agricultural product ” means any product that is at least fifty-one percent (51%) grown, processed or manufactured in the State of Mississippi.

(f) “ Division ” means the Division of Market Development within the Department of Agriculture and Commerce.

The words “logo” and “program,” whenever used in this chapter, shall include the plural as well as the singular.
Miss. Code Ann. § 69-28-7 — MS Code / Title 69 / Chapter 1 / Section 28-7
Miss. Code Ann. § 69-28-7
Status: in_force

(a) Upon review of a petition, the local soil and water conservation district commissioners may approve designation of an agricultural district. A designated agricultural district shall be established for a period of five (5) years and reviewed for redesignation every five (5) years thereafter. However, the soil and water conservation district may review the status of designation at any time upon the written request and justification of the respective county board of supervisors, city board of aldermen, city council, city selectmen, city commissioners, city manager or mayor or upon a decision of the district commissioners that such a review is appropriate. The soil and water conservation district commissioners may sustain or repeal designation of an agricultural district based upon the following:

(i) The continued viability of the agricultural district. An agricultural district may become reduced in acreage based upon the voluntary withdrawal of any of the ownerships. However, the agricultural district shall cease to exist if the total acreage drops below twenty (20) acres;

(ii) The impacts and consequences of proposed land development; and

(iii) Other factors that the district commissioners may find relevant.

(b) Any ownership, or any successor heir of the ownership, within an agricultural district may withdraw from the agricultural district upon notifying the local soil and water conservation district in writing.

(c) Landowners may submit or resubmit petitions for designation or redesignation at any time to the local soil and water conservation district.

(d) If a petition is rejected or the local soil and water conservation district commissioners repeal designation of an agricultural district, the ownerships within the agricultural district may appeal the decision of the district commissioners to the State Soil and Water Conservation Commission. Based upon a review of all relevant information and following a public hearing, the State Soil and Water Conservation Commission may either sustain or overturn the decision of the local soil and water conservation district.
Miss. Code Ann. § 69-7-325 — MS Code / Title 69 / Chapter 5 / Section 7-325
Miss. Code Ann. § 69-7-325
Status: in_force

The net weight and size requirements that are now or may hereafter be established by the U. S. Department of Agriculture for shell eggs shall apply to all eggs sold, offered for sale or advertised for sale by any person, firm, organization or corporation. The grade and size shall appear in all advertisements.
Miss. Code Ann. § 69-11-3 — MS Code / Title 69 / Chapter 5 / Section 11-3
Miss. Code Ann. § 69-11-3
Status: in_force

For the purpose of this chapter, the following words shall mean:

(a) “Commissioner” shall mean the commissioner of agriculture and commerce.

(b) “Person” means the state, any municipality, county, political subdivision, institution, individual, partnership, corporation or association.

(c) “Garbage” means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods including animal and fowl carcasses or parts thereof.

(d) “Swine” means hogs, pigs or shoats.
Miss. Code Ann. § 69-13-107 — MS Code / Title 69 / Chapter 2 / Section 13-107
Miss. Code Ann. § 69-13-107
Status: in_force

The Mississippi Highway Safety Patrol shall, in the alternative:

(a) Provide necessary equipment to remove such livestock from the highways and shall impound all livestock found on all highways as provided in this article, or

(b) Contract for and obtain the services of private individuals to remove such livestock from the highways and impound the same in the private pen or enclosures provided by such private individuals, in accordance with the provisions of this article.
Miss. Code Ann. § 69-13-111 — MS Code / Title 69 / Chapter 8 / Section 13-111
Miss. Code Ann. § 69-13-111
Status: in_force

The owners of livestock which through their owner's negligence are found on federal or state designated paved highways or highway rights-of-way shall be subject to any damages as a result of wrecks, loss of life or bodily injury as a result of said livestock being on the above designated highways. This section shall not be applicable to any such highway or highway right-of-way or any type of highway or road located on any levee maintained by the Board of Mississippi Levee Commissioners or the board of levee commissioners for the Yazoo-Mississippi Delta through maintenance contracts calling for or permitting pasturage of livestock on levee rights-of-way.
Miss. Code Ann. § 69-37-13 — MS Code / Title 69 / Chapter 9 / Section 37-13
Miss. Code Ann. § 69-37-13
Status: in_force

(1) The Mississippi Boll Weevil Management Corporation, upon certification by the bureau, may enter into agreements with the State of Mississippi, other states, the federal government and other parties as may be necessary to carry out the purposes of this chapter.

(2) In order to be eligible for certification by the bureau, the corporation must demonstrate to the satisfaction of the bureau that:

(a) It is a nonprofit organization and could qualify for tax-exempt status under Section 501(a) of the Internal Revenue Code of 1954 [ 26 USC 501(a) ];

(b) Its purpose is for the representation of cotton growers associations that are open to all cotton growers in this state; and

(c) It has only one (1) class of voting members with each member entitled to only one (1) vote.

(3) The corporation's board of directors shall be composed of members who shall be chosen according to bylaws established by the corporation. Two (2) members elected from each of the five (5) original cotton growers regions as those regions existed before July 1, 2010, shall serve as voting members.

(4) There shall be six (6) nonvoting advisory members as follows:

(a) The Commissioner of Agriculture and Commerce, who shall serve in a nonvoting advisory capacity only, or his or her designee;

(b) The Vice President of the College of Agriculture and Life Sciences at Mississippi State University, who shall serve in a nonvoting advisory capacity only, or his or her designee;

(c) The Vice President of the School of Agriculture, Research, Extension and Applied Sciences at Alcorn State University, who shall serve in a nonvoting advisory capacity only, or his or her designee;

(d) The President of the Mississippi Farm Bureau Federation, who shall serve in a nonvoting advisory capacity only, or his or her designee; and

(e) The Chairmen of the Senate and House Agriculture Committees, who shall serve in nonvoting advisory capacities only.

(5) All books and records of account and minutes of proceedings of the board shall be available for inspection or audit by the commissioner at any reasonable time.

(6) Employees or agents of the board who handle funds of the board shall be adequately bonded in an amount to be determined by the commissioner.
Miss. Code Ann. § 69-2-3 — MS Code / Title 69 / Chapter 1 / Section 2-3
Miss. Code Ann. § 69-2-3
Status: in_force

The Legislature hereby finds and declares that there exists within the state a serious emergency as a result of the nation's agricultural crisis and that there is a need to ensure that services are available for farmers, farm laborers, farm families and small businesses who have been adversely affected by the declining agricultural economy. Existing state programs need to be dedicated to meet these needs to the extent possible without creating additional administration. It is important that existing programs and services be coordinated into a network so that those in the agricultural and small business community can learn of these programs and services and obtain their benefits as expeditiously as possible.
Miss. Code Ann. § 69-35-1 — MS Code / Title 69 / Chapter 9 / Section 35-1
Miss. Code Ann. § 69-35-1
Status: in_force

This act shall be known as the “Mississippi Dairy Promotion Act.”
Miss. Code Ann. § 69-24-19 — MS Code / Title 69 / Chapter 2 / Section 24-19
Miss. Code Ann. § 69-24-19
Status: in_force

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

(a) its labeling is false or misleading in any particular;

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

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

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

(e) if it does not conform to ingredient form, minimums, labeling and investigational allowances in the regulations adopted by the commissioner and State Chemist.
Miss. Code Ann. § 69-23-121 — MS Code / Title 69 / Chapter 2 / Section 23-121
Miss. Code Ann. § 69-23-121
Status: in_force

The Mississippi Cooperative Extension Service shall conduct courses of instruction and training for the purpose of carrying out the provisions of Sections 69-23-101 through 69-23-135 .
Miss. Code Ann. § 69-23-17 — MS Code / Title 69 / Chapter 3 / Section 23-17
Miss. Code Ann. § 69-23-17
Status: in_force

The commissioner is authorized and empowered to cooperate with, and enter into cooperative agreements with, any other agency of this state, the United States Government, or its agencies or any public or private agency for the purpose of carrying out the provisions of this chapter and FIFRA and securing uniformity of regulations.
Miss. Code Ann. § 69-15-57 — MS Code / Title 69 / Chapter 5 / Section 15-57
Miss. Code Ann. § 69-15-57
Status: in_force

The reviewing officer and/or the hearing committee shall certify findings and recommendations to the Board of Animal Health within five (5) days of the conclusion of the proceedings. The Board of Animal Health shall, at its next regular meeting, review such findings and recommendations and approve, modify or reverse the recommendations made as a result of the review and hearing. The Board of Animal Health shall then notify the accused violator of its decision by certified mail at a mailing address provided during the proceedings, or at the accused violator's last-known address.
Miss. Code Ann. § 69-55-5 — MS Code / Title 69 / Chapter 3 / Section 55-5
Miss. Code Ann. § 69-55-5
Status: in_force

(1) The Department of Agriculture and Commerce shall implement regulations and develop procedures to govern the administration and eligibility requirements of the programs established in this chapter.

(2) The department may:

(a) Retain up to three percent (3%) of the funds appropriated to the programs established in this chapter to pay reasonable expenses incurred in the administration of the programs.

(b) Contract with an entity to administer the programs established in this chapter. When contracting with the entity to administer the programs, the department shall be exempt from Section 27-104-7(2)(g) requiring approval by the Public Procurement Review Board.
Miss. Code Ann. § 69-13-207 — MS Code / Title 69 / Chapter 3 / Section 13-207
Miss. Code Ann. § 69-13-207
Status: in_force

The boards of supervisors in said counties are hereby authorized and empowered in their discretion to levy a tax on the taxable property in said counties lying outside municipalities not exceeding two mills per annum thereon for the purpose of paying the cost of construction and maintenance of such fences and cattlegaps. In order to raise additional revenue for the purpose of paying the cost of construction and maintaining such fences and cattlegaps, the board of supervisors in those counties which have heretofore elected not to come under the statewide livestock law may in their discretion levy a tax against the owners of cattle permitted to roam at large in the amount of twenty-five cents (25¢) per head for cattle located in the respective counties in which an election has carried.
Miss. Code Ann. § 69-29-315 — MS Code / Title 69 / Chapter 9 / Section 29-315
Miss. Code Ann. § 69-29-315
Status: in_force

(1) A person violating the provisions of Sections 69-29-305 , 69-29-307 and 69-29-309 , upon conviction, shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than three (3) years, or both.

(2) A person violating the provisions of Section 69-29-311 , upon conviction, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or both.
Miss. Code Ann. § 69-3-5 — MS Code / Title 69 / Chapter 1 / Section 3-5
Miss. Code Ann. § 69-3-5
Status: in_force

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

(a) For agricultural seed:

(i) The commonly accepted name of kind and variety of each agricultural seed present in excess of five percent (5%) of the whole and the percentage by weight of each in the order of its predominance. When more than one (1) kind and variety is required to be named, the word “mixture” or the word “mixed” shall be shown conspicuously on the label, but the commissioner may by regulation permit certain kinds of seed to be labeled “mixed” without showing the percentage of each variety present. Hybrids shall be labeled with the name and/or number by which the hybrid is commonly designated.

(ii) Lot number or other designation.

(iii) Net weight.

(iv) Origin.

(v) Percentage by weight of all weed seed, including noxious weed seed.

(vi) Percentage by weight of inert matter.

(vii) Percentage by weight of other crop seed.

(viii) For each named agricultural seed:

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

2. Percentage of hard seed, if present.

3. Percentage of firm ungerminated seed, if present.

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

(ix) The name and number per pound of each kind of restricted noxious weed seed.

(x) The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.

(xi) In addition to the above label requirements, the commissioner may, by regulation, require certain additional information for the label.

(b) For vegetable seed in containers of more than one (1) pound:

(i) Name of kind and variety of seed.

(ii) Net weight.

(iii) Lot number or other identification.

(iv) Percentage of germination, exclusive of hard seed.

(v) Percentage of hard seed, if present.

(vi) Calendar month and year the test was completed to determine such percentages.

(vii) The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.

(viii) For seeds which germinate less than standards prescribed under rules and regulations, the words “below standard” in not less than 8-point type must be written or printed on face of tag in addition to other information required.

(c) For vegetable seed in containers of one (1) pound or less:

(i) Name of kind and variety.

(ii) The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.

(iii) For seed which germinate less than the standards prescribed for such seed under rules and regulations, the following additional information must be shown:

1. Percentage of germination, exclusive of hard seed.

2. Percentage of hard seed, if present.

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

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

(d) For flower seed:

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

(e) For tree and shrub seed:

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

(f) For treated seed:

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

(2) The labeler shall keep records of the year of production and blending components of all agricultural or vegetable seed in each lot labeled, distributed or offered for sale within the state. Upon request the records of each lot of seed shall be made available to the purchaser of seed from such lots either through information on the label, the container or other means that may be required by regulation to provide the information requested in a timely manner.
Miss. Code Ann. § 69-25-5 — MS Code / Title 69 / Chapter 1 / Section 25-5
Miss. Code Ann. § 69-25-5
Status: in_force

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

The Commissioner of Agriculture and Commerce and the Director of the Bureau of Plant Industry shall appoint a full-time State Entomologist, who shall be a qualified entomologist and whose office shall be at Mississippi State University of Agriculture and Applied Science.
Miss. Code Ann. § 69-15-307 — MS Code / Title 69 / Chapter 3 / Section 15-307
Miss. Code Ann. § 69-15-307
Status: in_force

The board of supervisors in the various counties of the state are authorized and empowered to appropriate money out of the general fund of the county to be used for the purpose of co-operating with the Mississippi Board of Animal Health and the United States Department of Agriculture, Bureau of Animal Industry, in eradicating tick fever, cattle tick, lice, and other animal parasites, and any other contagious and infectious diseases of livestock or the causes of such diseases.
Miss. Code Ann. § 69-23-109 — MS Code / Title 69 / Chapter 3 / Section 23-109
Miss. Code Ann. § 69-23-109
Status: in_force

(1) The commissioner may adopt regulations to carry out the provisions of Sections 69-23-1 through 69-23-135 .

(2) In adopting regulations, the commissioner shall give consideration to pertinent research findings and recommendations of other agencies of this state or federal government. The commissioner shall report to the Legislature on or before February 1 of each year any regulation promulgated under this section which is more restrictive than applicable federal regulations.

(3) Regulations promulgated by the commissioner under Sections 69-23-1 through 69-23-135 shall not be effective until approved by the advisory board created under Section 69-25-3 .

(4) In order to eliminate inequitable application or establishment of opposing regulations, the authority to regulate any matter pertaining to the registration, sale, handling, distribution, notification of use, application and use of pesticides shall vest solely in the Commissioner of Agriculture and Commerce, except where other state agencies, including the Agricultural Aviation Board, exercise such regulatory authority under state law.
Miss. Code Ann. § 69-27-211 — MS Code / Title 69 / Chapter 5 / Section 27-211
Miss. Code Ann. § 69-27-211
Status: in_force

The soil erosion committee shall not, except as herein otherwise provided, make recommendation to the board for the purchase of the first machinery for said county, or part of the county, unless it has contracts in the form herein required, signed by the landowners, duly witnessed, and approved by the secretary of the committee, covering at least seventy-five hundred acres of land, which, however, shall justify the purchase of as many as three outfits of machinery; and thereafter the subsequent contracts made in said county, or part of the county, shall be allocated to the first machinery purchased therefor, until the whole amount reaches a total of not less than four thousand acres to each outfit. Should the committee thereafter obtain or have additional like contracts in said county, or part of the county, covering another four thousand acres or more, the same shall warrant the purchase of additional machinery by recommendation or election as herein provided; and this shall furnish the guide for all further purchases in said county or part of the county. In exceptional cases, where the board finds as a fact that the amount of work to be done upon the land is much greater than in ordinary cases, the board of supervisors may, with the unanimous consent of the soil erosion committee, reduce the amount of contract acreage necessary for the purchase of one outfit of machinery to not less than two thousand acres, and the amount of contract acreage to be allocated to one outfit of machinery to not less than three thousand acres, and the committee may then recommend purchases of machinery when those conditions are complied with, provided that not less than two outfits are owned or to be purchased by said county or part of the county under this article.
Miss. Code Ann. § 69-13-313 — MS Code / Title 69 / Chapter 5 / Section 13-313
Miss. Code Ann. § 69-13-313
Status: in_force

If the estray shall not be claimed and proved within the time allowed and before actual sale, the same shall be sold by the ranger at the courthouse door, for cash, after giving three weeks' notice of the time and place of sale by an advertisement put up in one of the most public places in each supervisor's district, one of which shall be at the courthouse door; and the sale may be made on the first Monday of any month, and between the hours of twelve and four o'clock of the day of the sale; and estray horses, mules, jacks, jennets, and colts over two years old, and work-oxen shall be delivered at the courthouse on the day of sale. All other estrays may be delivered on the premises of the taker up.
Miss. Code Ann. § 69-13-301 — MS Code / Title 69 / Chapter 10 / Section 13-301
Miss. Code Ann. § 69-13-301
Status: in_force

When a person shall find any horse, mule, jack, cattle, sheep, goat or hog straying upon his land, he may take up such animal, and, if the owner be known, he shall forthwith send the estray to the owner or notify him of the taking up of same. If the owner shall be unknown the person taking up such animal straying, shall forthwith post up a notice thereof, with a full description of the animal, in two public places in the supervisor's district, and at the courthouse door, for five days, at the expiration of which time, if an owner shall not have claimed the property and paid the charges allowed by law, he shall give information thereof to the ranger, or, if he reside more than ten miles distant, or if there should be no ranger, to a justice of the peace; and shall make oath before such justice or ranger that such animal was taken up straying at or on his farm or land, or the farm of which he has charge, and that the brands or marks of the animal have not been altered or defaced since the taking up.
Miss. Code Ann. § 69-45-15 — MS Code / Title 69 / Chapter 3 / Section 45-15
Miss. Code Ann. § 69-45-15
Status: in_force

It is unlawful for any person to use, reproduce or distribute the logo of the Mississippi Agricultural Promotions Program without being registered with the department or to otherwise violate the provisions of this chapter or any rules adopted under this chapter. Any person who violates any of the provisions of this chapter or any rule promulgated under this chapter revokes his rights for logo use or any funding hereunder.
Miss. Code Ann. § 69-25-31 — MS Code / Title 69 / Chapter 8 / Section 25-31
Miss. Code Ann. § 69-25-31
Status: in_force

The Commissioner of Agriculture and Commerce shall have power to make reciprocal agreements with the responsible officials of other states under which nursery stock or plants from any other state may be sold or delivered in Mississippi under the same conditions required for the sale or delivery of Mississippi nursery stock or plants in the state concerned.
Miss. Code Ann. § 69-17-103 — MS Code / Title 69 / Chapter 2 / Section 17-103
Miss. Code Ann. § 69-17-103
Status: in_force

Any person selling or dispensing tranquilizers or drugs manufactured for injection into livestock by means of an instrument identified in Section 69-17-101 for the purpose of rendering livestock docile, shall maintain a register wherein he shall enter the date such drug is sold or dispensed, the name and address of the purchaser or receiver, and the identity and quantity of said drug.
Miss. Code Ann. § 69-26-7 — MS Code / Title 69 / Chapter 10 / Section 26-7
Miss. Code Ann. § 69-26-7
Status: in_force

As used in this Compact, with reference to this state, the term “ executive head ” shall mean the Governor.
Miss. Code Ann. § 69-35-21 — MS Code / Title 69 / Chapter 8 / Section 35-21
Miss. Code Ann. § 69-35-21
Status: in_force

The hours, voting places, rules and regulations of the milk and dairy products, said referendum date, hours, voting places, rules and regulations with respect to the holding of such referendum shall be published by the state ADA and extension service through the medium of the public press in the state at least thirty (30) days before the holding of such referendum, and direct written notice thereof shall likewise be given to all dairy-related organizations within the state and to each county extension agent and shall likewise state the method by which such assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the same shall be applied, which purposes shall be in keeping with the provisions of this act.
Miss. Code Ann. § 69-5-21 — MS Code / Title 69 / Chapter 1 / Section 5-21
Miss. Code Ann. § 69-5-21
Status: in_force

Revenue bonds issued under the provisions of Sections 69-5-15 and 69-5-19 shall not be deemed to constitute a debt of the State of Mississippi or a pledge of the full faith and credit of the state, but such bonds shall be payable solely from the special revenues provided therefor as hereinabove set forth, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or pledge any form of taxation whatever therefor, and all such bonds shall contain recitals on their face substantially covering the foregoing provisions of this section.
Miss. Code Ann. § 69-29-203 — MS Code / Title 69 / Chapter 3 / Section 29-203
Miss. Code Ann. § 69-29-203
Status: in_force

When the theft of any livestock or poultry shall be reported to the sheriff of the county where the theft occurred, it shall be the duty of the sheriff to make prompt and diligent effort to arrest the thief or thieves. At the same time, it shall be the duty of the president of the association to assist the sheriff in the capture of the thief or thieves by posting or publishing the standing reward offered by the association for information leading to arrest and conviction of the said thief or thieves, but in case of a theft of poultry no such reward shall be offered by the association where the value of the poultry stolen would amount to a misdemeanor only. When additional assistance may be needed to bring those guilty of the theft of any livestock or poultry to justice, the president of the association, or in his absence or disability, three or more directors of the association may, in their discretion, notify the Governor and request his assistance. When the Governor shall receive such request it shall then be his duty to offer such reward as he may deem proper for arrest and conviction of the said thief or thieves, or for information leading to the arrest and conviction, but such reward shall not exceed fifty dollars ($50.00) in any particular case. In case it is impossible to break up livestock and poultry thefts without employment of detectives, then the Governor may, in his discretion, employ a reliable detective to assist the sheriff and the association in any county. The reward to be offered by the Governor and the expense of detectives shall be paid out of the Governor's contingent fund.
Miss. Code Ann. § 69-13-27 — MS Code / Title 69 / Chapter 2 / Section 13-27
Miss. Code Ann. § 69-13-27
Status: in_force

The owner of the animal, or person entitled to the custody, may, after suit is brought and before final judgment, replevy the animal by giving bond, with sufficient sureties, to be approved by the justice of the peace, clerk, constable, or sheriff, in double the value thereof; and thereafter the suit shall proceed and the bond be in the place of the animal, and judgment may be rendered against the obligors therein.
Miss. Code Ann. § 69-15-323 — MS Code / Title 69 / Chapter 2 / Section 15-323
Miss. Code Ann. § 69-15-323
Status: in_force

Any expense incurred in the enforcement of Section 69-15-321 or for feed, care and handling of such animals while undergoing the process of tick eradication, and any expense incurred in handling, dipping, confining, feeding or pasturing of any animals while in the custody of the sheriff shall constitute a lien upon such animal or animals to be paid by the owner or owners of the animals before the same are released by the sheriff. Should the owner or owners of cattle, horses, jacks, jennets and mules which have been placed in the custody of the sheriff as herein provided, fail or refuse to pay said expenses after five days' notice, they shall be sold by the sheriff of the county after ten days advertising, either by notice at courthouse door and two other public places in the neighborhood of the place at which the animal was taken up, or in the newspaper published in the county having general circulation therein. The said advertisement shall state therein the time and place of sale, which place shall be where the animal is confined. The sale shall be at public auction and to the highest bidder, for cash. Out of the proceeds of the sale, the sheriff shall pay the cost of publishing the notices, costs of dipping, feeding and caring for the animals and the costs of sale which shall include $2.00 in the case of each sale, to said sheriff. The surplus, if any, shall be paid to the owner of the animal or animals, if he can be ascertained. If he cannot be ascertained within thirty days after such sale, then the sheriff shall pay such surplus to the county treasurer for benefit of the general fund of the county; provided, however, that if the owner of the animal or animals shall within three years after the fund is turned over to the county treasurer, as aforesaid, prove to the satisfaction of the board of supervisors of the county that he was the owner of such animals, upon the order of said board such surplus shall be refunded to the owner.
Miss. Code Ann. § 69-7-663 — MS Code / Title 69 / Chapter 5 / Section 7-663
Miss. Code Ann. § 69-7-663
Status: in_force

It shall be unlawful, with respect to catfish or catfish products, for any processor to engage in or use any unfair, unjustly discriminatory, or deceptive practice.
Miss. Code Ann. § 69-13-19 — MS Code / Title 69 / Chapter 10 / Section 13-19
Miss. Code Ann. § 69-13-19
Status: in_force

Every owner of livestock referred to in Section 69-13-1 shall be liable for damages for all injuries and trespasses committed by such animals by breaking and entering into or upon the lands, grounds, or premises of another person; and the person injured shall have a lien upon the animal, or animals, trespassing for all such damage. The damages for such trespass shall not be less than ten dollars ($10.00) for each horse, cow or hog, and five dollars ($5.00) for each of the other kinds of stock; and for every succeeding offense, after the owner has been notified of the first trespass or injury, double damages shall be recovered with costs. For breaking or entering into a pasture or waste ground, however, double damage shall not be recoverable, and the damages in such cases may be assessed as low as eight dollars ($8.00) for each horse, cow or hog and two dollars ($2.00) for each of the other kinds of livestock.
Miss. Code Ann. § 69-15-103 — MS Code / Title 69 / Chapter 9 / Section 15-103
Miss. Code Ann. § 69-15-103
Status: in_force

(1) All pens, stalls, barns, or other places where livestock are placed or held for exhibits or shows at all fairs within the state shall be sprayed with an approved insecticide before any animals are placed therein, and immediately after removal of such animals, all such pens, stalls, barns, or other places where such animals have been confined shall be sprayed with an approved disinfectant. Such spraying shall be done under the direction or supervision of the board of animal health. It shall be the duty of the fair managers to see that the provisions hereof are complied with.

(2) All community sale barns within the state where any kind of livestock is sold, shall be sprayed with an approved insecticide before any animals are placed therein and immediately after removal of such animals. Such spraying shall be done at the expense of the owners of said sale barns, and done under directions of the board of animal health. Failure by the owners of said sale barns to comply with the provisions hereof shall be punished by a fine imposed upon them of not less than twenty-five dollars ($25.00), nor more than fifty dollars ($50.00).
Miss. Code Ann. § 69-25-45 — MS Code / Title 69 / Chapter 9 / Section 25-45
Miss. Code Ann. § 69-25-45
Status: in_force

The Commissioner of Agriculture and Commerce shall have power and authority to enforce his rules, ordinances and regulations in any court of competent jurisdiction by civil, as well as criminal proceedings, and if the remedy to be pursued be by writ of injunction, no court of this state shall have right previous to a trial upon the merits to set aside such writ on bond. It shall be the duty of the attorney general, district attorneys and county attorneys to represent said commissioner whenever called upon to do so. Said commissioner in the discharge of his duties and the enforcement of the powers herein delegated, may send for books and papers, administer oaths, hear witness, etc., and to that end it is made the duty of the various sheriffs throughout the state to serve all summons and other papers upon the request of said commissioner.
Miss. Code Ann. § 69-19-1 — MS Code / Title 69 / Chapter 5 / Section 19-1
Miss. Code Ann. § 69-19-1
Status: in_force

The Commissioner of Agriculture and Commerce shall have the power to make rules and regulations to govern the qualifications and the practicing of persons engaged in the professional services herein defined and to prevent fraudulent practices in the said professional services. No such rule or regulation shall be effective unless and until the same shall have been approved by the advisory board created under the provisions of Section 69-25-3, Mississippi Code of 1972 .
Miss. Code Ann. § 69-1-7 — MS Code / Title 69 / Chapter 1 / Section 1-7
Miss. Code Ann. § 69-1-7
Status: in_force

The Commissioner of Agriculture and Commerce must keep his office in the city of Jackson.
Miss. Code Ann. § 69-31-11 — MS Code / Title 69 / Chapter 2 / Section 31-11
Miss. Code Ann. § 69-31-11
Status: in_force

Every moisture-measuring device offered for sale, processing or storage shall be used in a location visible to the general public and the detailed procedure for operating a moisture-measuring device shall be displayed in a conspicuous place proximate to the moisture-measuring device.
Miss. Code Ann. § 69-35-25 — MS Code / Title 69 / Chapter 5 / Section 35-25
Miss. Code Ann. § 69-35-25
Status: in_force

(1) In conducting any referendum under this act, the state ADA and extension service shall consider the approval or disapproval by any cooperative association engaged in a bona fide manner in marketing milk or the dairy products as the approval or disapproval of the producers who are members of or under contract with such cooperative association of producers.

(2) In order to be eligible to vote in a referendum, a cooperative association must:

(a) Certify to the state ADA and extension service in conjunction with casting its ballot, that the association is organized under the provisions of the “Capper-Volstead Act” and that it is engaged in a bona fide manner in marketing its members' milk or dairy products;

(b) Certify to the state ADA and extension service in conjunction with casting its ballot, the number of bulk tank units on whose behalf the cooperative association is casting a ballot, that such bulk tank units are members of or under contract with the cooperative association and that the association was engaged during the representative period in marketing the milk of each of the bulk tank units for whom the cooperative association claims the right to vote;

(c) Furnish to the state ADA and extension service in conjunction with casting its ballot, a copy of the resolution authorizing the casting of the ballot;

(d) Certify to the state ADA and extension service in conjunction with casting its ballot, that the cooperative association has complied with the requirements of subsection (3) of this section; and

(e) Agree to make available to the state ADA and extension service necessary records and information pertaining to the representative period to validate the eligibility of the cooperative association to vote and to verify the number and identity of the producers on whose behalf the cooperative association claims the right to vote.

(3) Not later then thirty (30) days prior to the beginning of the referendum, each cooperative association shall notify the state ADA and extension service as to whether or not the association intends to vote on behalf of its bulk tank units.
Miss. Code Ann. § 69-7-602 — MS Code / Title 69 / Chapter 2 / Section 7-602
Miss. Code Ann. § 69-7-602
Status: in_force

The Legislature finds that aquaculture sales and consumption have increased worldwide and that the use of antibiotics or chemicals not approved for use in food-producing animals in the United States is permitted in aquaculture in other countries and that consumers of aquaculture in Mississippi should be provided clear information as to where the aquaculture product originates from to protect the health and welfare of Mississippi consumers; and the Legislature also finds that food-misrepresentation or the passing off of less expensive aquaculture products as pricier aquaculture products to unknowing customers and retailers has become an issue in the marketplace and is a deceitful practice used on consumers and retailers alike and that consumers and retailers should be informed of the country and species of fish.
Miss. Code Ann. § 69-24-1 — MS Code / Title 69 / Chapter 2 / Section 24-1
Miss. Code Ann. § 69-24-1
Status: in_force

This chapter shall be known as the “Mississippi Soil and Plant Amendment Law of 1978”.
Miss. Code Ann. § 69-25-3 — MS Code / Title 69 / Chapter 5 / Section 25-3
Miss. Code Ann. § 69-25-3
Status: in_force

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

There is created an Advisory Board to the Bureau of Plant Industry, composed of the following: the State Chemist; the head of the Entomology and Plant Pathology Department, Mississippi State University of Agriculture and Applied Science; the head of the Plant and Soil Science Department, Mississippi State University of Agriculture and Applied Science; Alcorn State University Director of Agriculture and Applied Sciences; and, for a period of two (2) years, the following: one (1) soil conservation district commissioner appointed by the commissioner; two (2) residents of Mississippi who engage in the production of any crop, appointed by the commissioner; one (1) resident of the State of Mississippi who is a commercial applicator holding a license issued under the rules and regulations of the Bureau of Plant Industry, appointed by the commissioner; one (1) resident of the State of Mississippi who is a restricted use pesticide registrant or an employee of such person, appointed by the commissioner; one (1) resident of the State of Mississippi who is either a wholesale or retail horticulturist, appointed by the commissioner, and one (1) resident of the State of Mississippi who is a licensed landscape contractor, appointed by the commissioner, who shall serve with no compensation and whose duties are to advise the commissioner on all matters regarding the Bureau of Plant Industry. The commissioner shall meet annually with the advisory board and the Director of the Bureau of Plant Industry. It is the intent and purpose of this section to maintain the domicile of this division of the Department of Agriculture and Commerce at Mississippi State University of Agriculture and Applied Science, Mississippi State, Mississippi.
Miss. Code Ann. § 69-10-5 — MS Code / Title 69 / Chapter 9 / Section 10-5
Miss. Code Ann. § 69-10-5
Status: in_force

(1) There is imposed and levied an assessment at the rate of Two Cents (2¢) per bushel on all rice grown within the State of Mississippi; from and after July 1, 1991, the rate of assessment shall be increased by an additional One Cent (1¢) per bushel so that the total assessment equals Three Cents (3¢) per bushel. Such assessment shall be deducted by the purchaser from the amount paid the producer at the first point of sale, whether within or without the state. Assessments on rice put under loan to the Commodity Credit Corporation or purchased by the Commodity Credit Corporation and delivered to it shall be payable when such rice is placed under loan or is purchased. The Commodity Credit Corporation may require deduction and payment of the assessment from the loan proceeds or from the purchase price on the behalf of the producer. Assessments on rice put under loan to the Commodity Credit Corporation and redeemed by the producer before the takeover date, if already paid by having been deducted from the loan proceeds shall not be deducted by each miller or handler from the amount paid the producer at the first point of sale as provided in this section; otherwise, the assessment shall be deducted.

(2) The assessment imposed and levied by this section shall be payable to and collected by the Mississippi Department of Agriculture and Commerce, hereafter referred to as “the department,” from the purchaser of such rice at the first point of sale or from the Commodity Credit Corporation as provided in subsection (1) of this section. The proceeds of the assessment collected by the department shall be deposited with the State Treasurer in a special fund, the “Mississippi Rice Promotion Fund,” and promptly remitted to a foundation under such terms and conditions as the Rice Promotion Board deems necessary to ensure that such assessments are used properly in carrying out the purposes of this chapter.

(3) The Mississippi Department of Agriculture and Commerce shall submit to the Mississippi Rice Promotion Board a budget detailing and justifying the administrative costs of the department in administering the provisions of this chapter, and such budget must be approved by the Mississippi Rice Promotion Board by April 1 of each year. The department shall pay over to the Mississippi Rice Promotion Fund the funds collected, less an amount not to exceed three and one-half percent (3- 1 / 2 %) of the gross amount collected. The amount withheld by the department must be approved by the Mississippi Rice Promotion Board by July 1 of each year. The payments to the Mississippi Rice Promotion Board shall be accompanied by a complete report of all funds collected and disbursed.

(4) Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all rice handled by him and shall furnish each producer with a signed sales slip showing the number of bushels purchased from him and the amount deducted by him for the Mississippi Rice Promotion Fund. Such records shall be in such form and contain such other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative thereof. Every purchaser or the Commodity Credit Corporation, at such time or times as the commissioner of the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this chapter. The department shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of rice and examine or cause to be examined by such agent, only books, papers and records which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this chapter.
Miss. Code Ann. § 69-25-217 — MS Code / Title 69 / Chapter 3 / Section 25-217
Miss. Code Ann. § 69-25-217
Status: in_force

(1) It shall be unlawful for any person or business entity to:

(a) Violate this chapter or any rules or regulations promulgated under this chapter;

(b) Fail to comply with a corrective action plan issued by the commissioner under Section 69-25-213(2) ;

(c) Transport hemp or hemp materials in violation of Section 69-25-209 or rules or regulations adopted under this chapter; or

(d) Cultivate or grow hemp with a delta-9-tetrahydrocannabinol (THC) concentration of more than three-tenths percent (0.3%) on a dry weight basis.

(2) Any person or business entity that purposely, knowingly or recklessly violates this provision of this chapter relating to hemp production or processing shall be guilty of a misdemeanor and, upon conviction of the violation, shall be fined in an amount not to exceed Five Thousand Dollars ($5,000.00), or sentenced to imprisonment in the county jail for not more than one (1) year, or both such fine and imprisonment.

(3) Notwithstanding subsection (2) of this section, if any person or entity purposely, recklessly or knowingly cultivates or grows hemp with a delta-9-tetrahydrocannabinol (THC) concentration of more than one percent (1%) on a dry weight basis that person or entity shall be guilty of a felony punishable by imprisonment for not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both such fine and imprisonment.

(4) For purposes of this section, the terms “purposely”, “knowingly” and “recklessly” have the following meanings:

(a) “ Purposefully ” means a person acts purposely with respect to a material element of an offense if:

(i) The element involves the nature of his or her conduct or a result thereof, it is his or her conscious object to engage in conduct of that nature or to cause such a result; and

(ii) The element involves the attendant circumstances, he or she is aware of the existence of such circumstances or he or she believes or hopes that they exist.

(b) “ Knowingly ” means a person acts knowingly with respect to a material element of an offense if:

(i) The element involves the nature of his or her conduct or the attendant circumstances, he or she is aware that his or her conduct is of that nature or that such circumstances exist; and

(ii) The element involves a result of his or her conduct, he or she is aware that it is practically certain that his or her conduct will cause such a result.

(c) “ Recklessly ” means a person acts recklessly with respect to a material element of an offense when he or she consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his or her conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him or her, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.
Miss. Code Ann. § 69-7-275 — MS Code / Title 69 / Chapter 5 / Section 7-275
Miss. Code Ann. § 69-7-275
Status: in_force

The provisions of this article shall not apply to any egg producer who has less than three thousand (3,000) laying hens, nor to any eggs produced and also used for hatching purposes, nor eggs produced or purchased for further processing by egg breaking plants.

For the purposes of this article, anyone not the owner of the chickens or eggs who performs the services of caring for the chickens, gathering the eggs and related services for a contractor or employer, and who does not otherwise engage in distribution or sale of such eggs, shall be excepted from the provisions of this article, shall not be considered as a “producer” as defined herein, and shall not be liable for any assessments provided herein.
Miss. Code Ann. § 69-27-205 — MS Code / Title 69 / Chapter 1 / Section 27-205
Miss. Code Ann. § 69-27-205
Status: in_force

It shall be the duty of said soil erosion committee to cooperate with the county agent in all matters pertaining to soil erosion work within the county, and with all agencies of the state or federal government engaged in the prevention of soil erosion; to assist the county agent, or any other agency, state or federal, in obtaining contracts from landowners for terracing and/or ditching of agricultural lands within the county; to recommend to the board of supervisors the purchase of proper machinery and supplies for ditching and terracing work, either or both; to approve in their discretion all contemplated purchases of such machinery by the board of supervisors, after bids have been received therefor and before contracts have been let by said board for the purchase thereof; to approve in their discretion all contracts or agreements made by the board of supervisors for the employment of labor to operate said machinery before the same shall become operative; to approve the rate which each landowner shall pay for the terracing and/or ditching of his land, to be included in the contract therefor, and to supervise the performance of all such contracts; to personally audit at least once each year the soil erosion fund or funds of the county; and to make recommendations to the board of supervisors pertaining to the administration of such fund, and the amount of taxes, if any, necessary to be levied to maintain the same. Nothing in this section contained shall apply to the purchase of machinery or the employment of labor except for soil erosion and ditching work hereunder.
Miss. Code Ann. § 69-25-5 — MS Code / Title 69 / Chapter 8 / Section 25-5
Miss. Code Ann. § 69-25-5
Status: in_force

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

The Commissioner of Agriculture and Commerce and the Director of the Bureau of Plant Industry shall appoint a full-time State Entomologist, who shall be a qualified entomologist and whose office shall be at Mississippi State University of Agriculture and Applied Science.
Miss. Code Ann. § 69-1-32 — MS Code / Title 69 / Chapter 1 / Section 1-32
Miss. Code Ann. § 69-1-32
Status: in_force

The Mississippi Agriculture and Forestry Museum shall be renamed and known as the Jim Buck Ross Mississippi Agriculture and Forestry Museum. The Department of Agriculture and Commerce shall have an appropriate sign or signs placed at the museum displaying the new name of the museum.
Miss. Code Ann. § 69-15-51 — MS Code / Title 69 / Chapter 9 / Section 15-51
Miss. Code Ann. § 69-15-51
Status: in_force

It is the purpose of Sections 69-15-51 through 69-15-69 to establish an administrative hearing procedure under the Board of Animal Health to enforce the rules and regulations of the Board of Animal Health and the statutes and laws of the State of Mississippi pertaining to the control and eradication of tuberculosis, anthrax, hog cholera, Texas and splenic fever and the fever-carrying tick (Margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine infectious anemia and any suspected new and/or foreign diseases of livestock and poultry, and all other diseases of animals in this state, currently in effect or hereafter made and promulgated.
Miss. Code Ann. § 69-7-657 — MS Code / Title 69 / Chapter 2 / Section 7-657
Miss. Code Ann. § 69-7-657
Status: in_force

For purposes of this article, the following terms shall have the meaning ascribed herein unless the context otherwise requires:

(a) “ Capable of use as human food ” means and shall apply to any catfish or part or product thereof unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food, or unless it is naturally inedible by humans.

(b) “ Cash sale ” means a sale in which the seller does not expressly extend credit to the buyer.

(c) “ Catfish ” means any species within the family of Ictaluridae.

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

(e) “ Direct retail sale ” means the sale of catfish products directly to the consumer.

(f) “Person” includes any individual, partnership, corporation and association or other legal entity.

(g) “ Processor ” means any person engaged in handling, storing, preparing, manufacturing, packing or holding catfish products.

(h) “ Producer ” means any person engaged in the business of producing catfish, by any method.

(i) “ Product ” means any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof.

(j) “ Secured party ” means a lender who has a perfected security interest pursuant to the Uniform Commercial Code in the catfish being sold.
Miss. Code Ann. § 69-31-13 — MS Code / Title 69 / Chapter 5 / Section 31-13
Miss. Code Ann. § 69-31-13
Status: in_force

After May 1, 1979, no person shall use or cause to be used any grain moisture-measuring device which has not been inspected and approved for use by the department; except that after May 1, 1979, a newly purchased grain moisture-measuring device may be used prior to regular inspection and approval if the user of such device has given at least ten (10) days' notice to the department of the purchase prior to the use of such new device.
Miss. Code Ann. § 69-23-9 — MS Code / Title 69 / Chapter 5 / Section 23-9
Miss. Code Ann. § 69-23-9
Status: in_force

(1) The commissioner is authorized:

(a) To declare as a pest any form of plant or animal life or virus which is injurious to plants, man, domestic animals, articles or substances;

(b) To determine whether pesticides registered under authority of Section 24(c) of FIFRA are highly toxic to man as described in federal regulations;

(c) To determine standards of coloring or discoloring for pesticides and to subject pesticides to the requirements of Section 69-23-5(1) .

(2) The commissioner may adopt, amend or repeal rules and regulations for carrying out the provisions of this chapter, including, but not limited to, rules and regulations providing for the collection and examination of samples; the safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers; protecting the environment; labeling and adopting state restricted pesticide uses.

(3) In order to avoid confusion endangering the public health resulting from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such pesticides, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such pesticides. To this end the commissioner is authorized to adopt such regulations, applicable to and in conformity with the primary standards established by this chapter, as have been or may be prescribed by the United States government for pesticides.

(4) No action taken by the commissioner under this section shall be effective unless and until such action is approved by the advisory board created under Section 69-25-3, Mississippi Code of 1972 .