Miss. Code Ann. § 75-47-7 — MS Code / Title 75 / Chapter 12 / Section 47-7
Miss. Code Ann. § 75-47-7
Status: in_force

(1) Each brand and grade of commercial fertilizer shall be registered before being distributed in this state. The application for registration shall be submitted to the commissioner on forms furnished by the commissioner, and shall be accompanied by a fee of Ten Dollars ($10.00) per brand and grade, except that those fertilizers sold in packages of ten (10) pounds or less shall be registered at a fee of Fifty Dollars ($50.00) each. One-half ( 1 / 2 ) of the fees collected for the registration of fertilizer products or Five Dollars ($5.00) per brand and grade and Twenty-five Dollars ($25.00) for those fertilizers sold in packages of ten (10) pounds or less shall be deposited in a special fund in the State Treasury described under Section 69-23-7(2) , and such funds shall be subject to appropriation by the Mississippi Legislature. Such fees shall be used by the Mississippi Department of Agriculture and Commerce and the Department of Environmental Quality to carry out a program of protecting the underground water resources from commercial fertilizers or fertilizer materials. Upon approval by the commissioner and State Chemist a copy of the registration shall be furnished to the applicant. All registrations expire on June 30 of the following year. The application shall include the following information:

(a) The net weight.

(b) The brand and grade.

(c) The guaranteed analysis.

(d) The name and address of the registrant.

(2) A distributor shall not be required to register any commercial fertilizer which is already registered under this chapter by another person, providing the label does not differ in any respect.

(3) A distributor shall not be required to register each grade of commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing, but shall be required to register his firm in a manner and at a fee as prescribed in the regulations by the commissioner and State Chemist, and to label such fertilizer as provided in Section 75-47-9(2) . All fees collected by the commissioner shall be paid into the State Treasury.

(4) After a public hearing open to all interested parties, the commissioner, State Chemist, and Director of Mississippi Agricultural and Forestry Experimental Station shall have authority to establish minimum amounts of plant nutrients which may be guaranteed and to promulgate ratios and minimum analysis grades of mixed fertilizers adequate to meet the agricultural needs of the state. Such a list shall be published and furnished to fertilizer manufacturers and guarantors on or before June 1 of each year.

(5) Pursuant to a notice from the Department of Environmental Quality under Section 49-17-26 in relation to state underground water quality standards, the Commissioner of Agriculture shall provide for modification of the labeling of any fertilizer, or suspend or cancel the registration of any fertilizer or any use of any fertilizer, 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, in the shortest reasonable time.
Miss. Code Ann. § 75-58-13 — MS Code / Title 75 / Chapter 12 / Section 58-13
Miss. Code Ann. § 75-58-13
Status: in_force

(a) Gas Imbalances. Notwithstanding anything to the contrary in this Section, if any balancing party takes and disposes of less than its entitlement during any calendar month, then the volume not taken by such party may be taken by any other party or parties as allocated by the operator.

(b) Operator Statements. Not less frequently than quarterly, the operator shall furnish the balancing parties a written statement showing (a) the total volume of gas taken by each party during the month or months being reported; (b) the makeup gas taken by each party during the month or months; (c) the cumulative volume of gas taken by each party as of the end of that month or months; and (d) the cumulative overproduction or cumulative underproduction, if any, of each party for the time period being reported, as adjusted by any cash balancing as provided by Section 75-58-13(c) . The operator statement shall be current as of the production month which falls two months prior to the time the operator statement is issued. Makeup gas taken by an underproduced party shall be credited to the account of the underproduced party in the order of accrual of underproduction.

(c) Cash Balancing. Any overproduced party has the right, but not the obligation, exercisable not more frequently than once a year, to cash balance its cumulative overproduction with underproduced parties. After permanent cessation of production, each overproduced party shall be required to cash balance with underproduced parties. In order to cash balance, the overproduced party shall first furnish a statement to the underproduced parties and to the operator showing the volume and value of the cumulative overproduction, based upon the net proceeds actually received by the overproduced party for the cumulative overproduction, less (i) two and one-half percent (2- 1 / 2 %) of the net proceeds received by the overproduced party for the cumulative overproduction, and (ii) the direct and actual marketing expenses and transportation costs attributable to the cumulative overproduction. Within sixty (60) days after issuance of the statement as described above, the overproduced party shall pay each underproduced party in accordance with the statement and without interest. To the extent any values used to calculate a cash settlement hereunder are subject to a refund by the overproduced party pursuant to law, regulation or governmental order, the underproduced party receiving such cash settlement shall, prior to payment thereof, agree in writing to indemnify the overproduced party against the underproduced party's proportionate part of any refund, including interest which the overproduced party shall be required to make.

(d) Volumetric Balancing. Each underproduced party shall have the right to take makeup gas during a month after first giving the operator and all other non-operators written notice at least fifteen (15) days before the beginning of a calendar month.

The right of all underproduced parties to take makeup gas shall be limited to the lesser of (1) ten percent (10%) of the overproduced party's entitlement of gas or (2) fifty percent (50%) of the underproduced party's interest in the well. If two or more underproduced parties desire to take makeup gas during the same month and the combined volume they desire to take exceeds the volume available as makeup gas, then the underproduced parties shall share the makeup gas in proportion to their cumulative underproduction. In no event shall any overproduced party be allocated less than ninety percent (90%) of that overproduced party's entitlement. Makeup gas taken by an underproduced party shall be credited to the account of the underproduced party in the order of accrual of underproduction.

(e) Oil and Other Minerals. Regardless of the volume of gas actually taken by any balancing party, such party shall share in the production of oil, condensates and other minerals separated in the facilities operated for the production of oil and gas from the well. Operator and non-operators shall share in and own the production of all oil as produced and saved, notwithstanding such party's status as an overproduced party or underproduced party.

(f) Costs and Expenses. Regardless of the volume of gas actually taken by any balancing party, such party shall bear costs and expenses as otherwise provided in agreements between the parties or as provided by law.

(g) Deliverability Tests. At the request of any balancing party, operator shall, subject to operational constraints, produce the entire well stream for a deliverability test not to exceed seventy-two (72) hours in duration if required under such requesting party's gas purchase agreement. The gas produced and delivered during such deliverability test shall be allocated to the balancing parties on the basis of their entitlement, provided, however, that should any purchaser of gas owned by the balancing parties not requesting such deliverability test fail or refuse to accept such gas or any part thereof, then and in such event, the gas not so taken shall be allocated as overproduction to the balancing party requesting the deliverability test.
Miss. Code Ann. § 75-23-53 — MS Code / Title 75 / Chapter 12 / Section 23-53
Miss. Code Ann. § 75-23-53
Status: in_force

Any contract or agreement of any nature which would, directly or indirectly, require, or result in requiring, any retail merchant located in this state to obtain or offer for sale within his individual establishment any books, pamphlets, magazines, periodicals, newspapers, picture magazines, comic books, story papers, and/or similar printed or written matters or materials, other than those which he might voluntarily select for such purpose, or as a requirement or condition to obtaining those he might voluntarily select for such purpose, shall be deemed to be a contract or agreement in restraint of the freedom of trade and a violation of the antitrust laws of this state; and the party offering such contract or agreement shall be subject to all the laws of this state pertaining to the operation of trusts and combines. In addition, the said contract or agreement shall be deemed void and cannot be enforced in any court.
Miss. Code Ann. § 75-57-17 — MS Code / Title 75 / Chapter 12 / Section 57-17
Miss. Code Ann. § 75-57-17
Status: in_force

Unless otherwise specified in this chapter, no container shall have a designed working pressure of less than that required for a 100 type. Any container to be charged with a compressed gas which has a vapor pressure at 100 degrees F. of between 151 and 215 pounds per square inch gauge shall not be less than a 200 type. All above-ground containers supplying gases directly to any appliance shall be of the 200 type except containers used in industrial plants such as gins, sawmills, oil well drilling rigs, etc., but such container shall meet all other requirements of this chapter.

It is expressly provided, however, that on and after July 1, 1960, no container manufactured after July 1, 1960 with a working pressure of less than that required for a 200 type container, except refrigerated storage or storage used at refineries, shall be installed or used in this state as a domestic, commercial or industrial stationary container.
Miss. Code Ann. § 75-27-39 — MS Code / Title 75 / Chapter 12 / Section 27-39
Miss. Code Ann. § 75-27-39
Status: in_force

Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this article, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count. Provided, that liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold. Pulpwood shall be sold either by volume or weight, and measured by the cord or the ton as defined in Section 75-27-7 . Purchasers of pulpwood, in determining payment to seller, may convert from weight to volume or volume to weight. Such purchasers shall make the conversion by using the following weights per cord: five thousand two hundred (5,200) pounds for pine, five thousand four hundred (5,400) pounds for soft hardwood, five thousand six hundred (5,600) pounds for mixed hardwood, and five thousand eight hundred (5,800) pounds for hard hardwood.

The provisions of this section shall not apply (1) to insect damaged, dead or otherwise damaged pulpwood, (2) to commodities when sold for immediate consumption on the premises where sold, (3) to vegetables when sold by the head or bunch, (4) to commodities in containers standardized by a law of this state or by federal law, (5) to commodities in package form when there exists a general consumer usage to express the quantity in some other manner, (6) to concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure, (7) to unprocessed vegetable and animal fertilizer when sold by cubic measure, or (8) to timber when sold in bulk on the stump. The director may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest.
Miss. Code Ann. § 75-27-113 — MS Code / Title 75 / Chapter 12 / Section 27-113
Miss. Code Ann. § 75-27-113
Status: in_force

(1) Timber purchased by weight or measured volume shall be purchased by weight on the basis of tonnage or pounds with one (1) ton equaling two thousand (2,000) pounds avoirdupois weight, or by measured volume so long as the measured volume is not calculated by weight but is derived from any of the standards provided in subsection (2).

(2) When timber is purchased by measured volume, the timber shall be measured by either cubic feet, Doyle Log Rule, International 1 / 4 Inch Rule or Scribner Decimal C Rule.

(3) No person, firm or corporation, shall use any scales or measuring device in the purchase of timber unless the same is true and accurate. All devices used for buying or selling timber shall comply with specifications and tolerances and other requirements of this chapter, and regulations adopted pursuant thereto.

(4) Purchaser specifications shall be made available to the haulers and timber owners and shall be posted in a place easily accessible to the haulers or timber owners at the location where the timber is weighed or measured. Scale tickets shall be made available to the haulers and timber owners for each load before the close of the following business day and shall include the measured volume or weight, the standard of weight or measurement used, and the basis and amount of any deductions.

(5)(a) The State Director of Weights and Measures, the Deputy Director of Weights and Measures and any state inspector of weights and measures are hereby vested with police powers, such as given to sheriff and constables, for the sole purpose of issuing citations, without warrant, to any person who the Director, Deputy Director or inspector has probable cause to believe is violating this section, or who shall impede, hinder or otherwise prevent or attempt to prevent the testing of scales or measuring devices or enforcement of this chapter. The citation shall be returnable to the Deputy Director of Weights and Measures. No citation for a violation of this section shall be issued after one (1) year from the date of the violation.

(b) The Deputy Director of Weights and Measures, or his designee, shall within thirty (30) days of the issuance of the citation, dismiss the citation, issue a written warning or levy a fine of not more than Two Hundred Dollars ($200.00) for the first offense; not more than Five Hundred Dollars ($500.00) for the second offense if the second offense occurs within six (6) months of the first offense; or not more than Two Thousand Dollars ($2,000.00) for the third and subsequent offenses, if the third or subsequent offenses occur within six (6) months of the first offense. If the Deputy Director of Weights and Measures, or his designee, determines the violation was unintentional and due to an act of God or was beyond the reasonable control of the person, firm or corporation committing the violation, no fine shall be levied. A person, firm or corporation operating any scales or measuring devices in the purchase of timber at more than one (1) location in the state shall not be subject to fines for second or subsequent offenses unless the offenses occur at the same location on separate days. A citation shall record each and every violation of this section but for the purposes of determining second and subsequent offenses under this section, all violations of this section committed by one (1) person, firm or corporation at one (1) location during one (1) day shall constitute one (1) offense.

(c) Any person, firm or corporation may appeal a fine to the State Director of Weights and Measures or his designee. The appeal must be filed within thirty (30) days after the levy of the fine. Any party aggrieved by the final order of the State Director of Weights and Measures, or his designee, may appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi, by filing an appeal within thirty (30) days of a final order of the Director of Weights and Measures. If no appeal is taken and the fine is not paid within sixty (60) days of the order or if the fine is upheld on appeal and no further appeal is taken and the fine is not paid within sixty (60) days of the ruling on the appeal, the Director of Weights and Measures may forward an abstract of the order or judgment to the circuit clerk of any county in the State of Mississippi for enrolling as any other judgment. After enrolling the judgment, the Director of Weights and Measures may institute an action to recover the fines assessed under this section in the name of the State of Mississippi in any court of competent jurisdiction or otherwise proceed as a judgment creditor pursuant to the laws of the State of Mississippi.

(6) This section does not apply to pulpwood as defined in Section 75-79-5 of the Mississippi Uniform Pulpwood Scaling and Practices Act.
Miss. Code Ann. § 75-29-1 — MS Code / Title 75 / Chapter 12 / Section 29-1
Miss. Code Ann. § 75-29-1
Status: in_force

The Legislature finds that there is a need for the equal and uniform regulation of all food and food products and for the provision for the sale of such products. This article is intended to authorize the State Board of Health to provide a regulatory framework for the intrastate and interstate sale of food and food products, and to prevent the sale of adulterated or mislabeled food or food products not otherwise regulated by existing law. In the event any provision of this article conflicts with such law, the existing law will control.
Miss. Code Ann. § 75-23-15 — MS Code / Title 75 / Chapter 12 / Section 23-15
Miss. Code Ann. § 75-23-15
Status: in_force

(a) Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to the said competing wholesaler as defined in the Unfair Cigarette Sales Law. Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to the said competing retailer as defined in the Unfair Cigarette Sales Law. The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in Section 75-23-13 shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of this section.

(b) In the absence of proof of the actual cost to the said competing wholesaler or the said competing retailer, as the case may be, such cost may be presumed to be the lowest cost to wholesalers or the lowest cost to retailers, as the case may be, within the same trading area as determined by a cost survey made pursuant to in subsection (b) of Section 75-23-19 .
Miss. Code Ann. § 75-27-305 — MS Code / Title 75 / Chapter 12 / Section 27-305
Miss. Code Ann. § 75-27-305
Status: in_force

(1) A citizen of the United States or a person who has declared his intention of becoming such a citizen, who is a resident of the State of Mississippi, not less than twenty-one (21) years of age, of good moral character, who has the ability to weigh accurately and to make correct weight certificates, and who has received from the commissioner a license as a bonded weighmaster, shall be styled and authorized to act as a bonded weighmaster.

(2) The commissioner may adopt rules and regulations for determining the qualifications of the applicant for license as a bonded weighmaster. The commissioner may pass upon the qualifications of the applicant upon the basis of the information supplied in the application, may examine such applicant orally or in writing, or both, for the purpose of determining his or her qualifications. The commissioner shall grant licenses to such applicants as may be found to possess the qualifications required herein. The commissioner shall keep a record of all such applications and of all licenses issued thereon.
Miss. Code Ann. § 75-17-25 — MS Code / Title 75 / Chapter 12 / Section 17-25
Miss. Code Ann. § 75-17-25
Status: in_force

The term “ finance charge ” as used in this section, Sections 63-19-43 , 75-17-1 , 75-17-11 , 75-17-13 , 75-17-15 , 75-17-17 , 75-17-19 , 75-17-21 , 75-17-23 , 75-17-27 , 75-17-29 , 75-17-33 , 75-67-123 , 75-67-127 , 75-67-181 and 75-67-217 means the amount or rate paid or payable, directly or indirectly, by a debtor for receiving a loan or incident to or as a condition of the extension of credit, including, but not limited to, interest, brokerage fees, finance charges, loan fees, discount, points, service charges, transaction charges, activity charges, carrying charges, time price differential, finder's fees or any other cost or expense to the debtor for services rendered or to be rendered to the debtor in making, arranging or negotiating a loan of money or an extension of credit and for the accounting, guaranteeing, endorsing, collecting and other actual services rendered by the lender; however, recording fees, motor vehicle title fees, attorney's fees, insurance premiums, fees or charges permitted to be charged under the provisions of Section 75-67-121 , fees permitted to be charged under the provisions of Section 79-7-7 , service charges as provided in Section 81-19-31 , and with respect to a debt secured by an interest in land, bona fide closing costs and appraisal fees incidental to the transaction shall not be included in the finance charge. The term “finance charge,” as used in this section and the sections enumerated above, shall not include any fees for the set up, establishment, processing or maintenance of a loan to a plan participant from a retirement plan intending to be tax-qualified (within the meaning of 26 USCS Section 401 et seq. ) that are paid or payable directly or indirectly by the plan participant to the plan record keeper or third-party administrator.

Subject to the other provisions of this section, Sections 63-19-43 , 75-17-1 , 75-17-13 , 75-17-15 , 75-17-17 , 75-17-19 , 75-17-21 , 75-17-23 , 75-17-27 , 75-17-29 , 75-17-33 , 75-67-127 and 75-67-217 , the finance charge may be calculated on the assumption that the indebtedness will be discharged as it becomes due, and prepayment penalties and statutory default charges shall not be included in the finance charge. Nothing in Section 75-17-1 or Section 75-17-19 , 75-17-21 , 75-17-23 , 75-17-27 , 75-17-29 or 75-17-33 shall limit or restrict the manner of contracting for such finance charge, whether by way of add-on, discount or otherwise, so long as the annual percentage rate does not exceed that permitted by law. If a greater finance charge than that authorized by applicable law shall be stipulated for or received in any case, all interest and finance charges shall be forfeited, and may be recovered back, whether the contract be executed or executory. If a finance charge be contracted for or received that exceeds the maximum authorized by law by more than one hundred percent (100%), the principal and all finance charges shall be forfeited and any amount paid may be recovered by suit. The provisions of this section, Section 75-17-1 and Sections 75-17-19 , 75-17-21 , 75-17-23 , 75-17-27 , 75-17-29 and 75-17-33 shall not restrict the extension of credit pursuant to any other applicable law. A licensee under the Small Loan Regulatory Law ( Section 75-67-101 et seq. ), and the Small Loan Privilege Tax Law ( Section 75-67-201 et seq. ), may contract for and receive finance charges as authorized by Section 75-17-21 or 75-67-181 , and the late payment charge as authorized by Section 75-17-27 , regardless of the purpose for which the loan or other extension of credit is made.
Miss. Code Ann. § 75-17-1 — MS Code / Title 75 / Chapter 12 / Section 17-1
Miss. Code Ann. § 75-17-1
Status: in_force

(1) The legal rate of interest on all notes, accounts and contracts shall be eight percent (8%) per annum, calculated according to the actuarial method, but contracts may be made, in writing, for payment of a finance charge as otherwise provided by this section or as otherwise authorized by law.

(2) Any borrower or debtor may contract for and agree to pay a finance charge for any loan or other extension of credit made directly or indirectly to a borrower or debtor which will result in a yield not to exceed the greater of ten percent (10%) per annum or five percent (5%) per annum above the discount rate, excluding any surcharge thereon, on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the lender is located, each calculated according to the actuarial method. The rate of finance charge authorized under this subsection (2) shall be known as the “contract rate.”

(3) Notwithstanding the foregoing and any other provision of law to the contrary, any partnership, joint venture, religious society, unincorporated association, or domestic or foreign corporation, whether organized for profit or nonprofit, may contract for and agree to pay a finance charge which will result in a yield not to exceed the greater of fifteen percent (15%) per annum or five percent (5%) per annum above the discount rate, excluding any surcharge thereon, on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the lender is located, each calculated according to the actuarial method, on any contract, loan, extension of credit or other obligation under which the principal balance to be repaid shall originally exceed Two Thousand Five Hundred Dollars ($2,500.00), or on any series of advances of money pursuant to a contract if the aggregate of sums advanced or originally proposed to be advanced shall exceed Two Thousand Five Hundred Dollars ($2,500.00); and as to any such agreement, the claim or defense of usury by such partnership, joint venture, religious society, unincorporated association, or corporation, or their successors, guarantors, assigns or anyone on their behalf is prohibited.

(4) Notwithstanding the foregoing and any other provision of law to the contrary, any borrower or debtor may contract for and agree to pay a finance charge which will result in a yield not to exceed the greater of ten percent (10%) per annum or five percent (5%) per annum above the index of market yields of the Monthly Twenty-Year Constant Maturity Index of Long-Term United States Government Bond Yields, as compiled by the United States Treasury Department, each calculated according to the actuarial method, on any loan, mortgage or advance which is secured by a lien on residential real property or by a lien on stock in a residential cooperative housing corporation where the loan, mortgage or advance is used to finance the acquisition of such stock. The term “ residential real property ,” as used in this subsection, means real estate upon which there is located or to be located a structure or structures designed in whole or in part for residential use, or which comprises or includes one or more apartments, condominium units or other dwelling units.

(5) Notwithstanding the foregoing and any other provision of law to the contrary, any borrower or debtor may contract for and agree to pay and any lender or extender of credit may contract for and receive any finance charge agreed to in writing by the parties, notwithstanding that such charge is in excess of that otherwise allowed on any contract, credit sale, obligation or other extension of credit, regardless of the security taken or the purpose of the extension of credit, under which the principal balance to be repaid originally exceeds Two Thousand Dollars ($2,000.00), or on any series of advances of money pursuant to a contract if the aggregate of sums advanced or originally proposed to be advanced exceeds Two Thousand Dollars ($2,000.00), or on any extension or renewal thereof; and as to any such agreement, the claim or defense of usury or violation of any law prescribing, limiting or regulating the rate of finance charge by any borrower or debtor, or his successors, guarantors, assigns or anyone on his behalf is prohibited.

(6) Notwithstanding the foregoing and any other provisions of law to the contrary, the outstanding balance of a prior loan or lease of a motor vehicle used as a trade-in, as well as other items that are capitalized or amortized during the lease term, may be included in a lease for a motor vehicle, provided that the rate of finance charge associated with the lease contract does not at any time exceed the finance charge limitations specified in Section 63-19-43 .
Miss. Code Ann. § 75-24-151 — MS Code / Title 75 / Chapter 12 / Section 24-151
Miss. Code Ann. § 75-24-151
Status: in_force

Sections 75-24-151 through 75-24-175 shall be known and may be cited as the Mississippi Rental-Purchase Agreement Act.
Miss. Code Ann. § 75-24-191 — MS Code / Title 75 / Chapter 12 / Section 24-191
Miss. Code Ann. § 75-24-191
Status: in_force

Any automobile dealer or salesman who sells a renovated vehicle after it has been submerged without notifying the purchaser in writing, when the dealer or salesman knew or should have known of the submersion, shall be subject to a fine not to exceed the sales price of the vehicle.
Miss. Code Ann. § 75-29-109 — MS Code / Title 75 / Chapter 12 / Section 29-109
Miss. Code Ann. § 75-29-109
Status: in_force

In case it be necessary or proper, the board of supervisors, or the governing authority of every city, town, and village, shall supply the inspector with all the necessary instruments for gauging and ascertaining the contents of vessels of liquids; and such boards may direct and regulate the inspection, gauging, and marking or branding packages of liquids, and enforce such regulation.
Miss. Code Ann. § 75-44-31 — MS Code / Title 75 / Chapter 12 / Section 44-31
Miss. Code Ann. § 75-44-31
Status: in_force

(1) The amount of bond to be furnished for each grain warehouse shall be fixed at a rate of twenty-five cents (25¢) per bushel for the first one million (1,000,000) bushels of licensed capacity; twenty cents (20¢) per bushel for the next one million (1,000,000) bushels of licensed capacity; and fifteen cents (15¢) per bushel for all licensed capacity over two million (2,000,000) bushels; provided that in no case shall the amount of the bond be less than fifteen thousand dollars ($15,000.00) or more than one million dollars ($1,000,000.00), except as prescribed in subsection (3) of this section. The licensed capacity shall be equal to the maximum number of bushels of grain that the grain warehouse can accommodate for storage. In no event shall the liability of the surety accumulate for each successive license period during which this bond is in force, but shall be limited in the aggregate to the bond amount or changed by appropriate rider or endorsement.

(2) A grain warehouseman who is licensed or is applying for licenses to operate two (2) or more grain warehouses may give a single bond meeting the requirements of this chapter to cover all such grain warehouses within the state. In such cases all grain warehouses to be covered by the bond shall be deemed to be one (1) warehouse for purposes of determining the amount of bond required under subsection (1) of this section.

(3) In case of a deficiency in the net assets required by Section 75-44-21 , there shall be added to the amount of the bond determined in accordance with subsection (1) of this section an amount equal to such deficiency. In any other case in which the commissioner finds that conditions exist which warrant requiring additional bond, there shall be added to the amount of bond such further amount as is determined to be reasonable by the commissioner.
Miss. Code Ann. § 75-29-111 — MS Code / Title 75 / Chapter 12 / Section 29-111
Miss. Code Ann. § 75-29-111
Status: in_force

Any person who shall oppose or obstruct any inspector of food in the discharge of his official duties, shall, for every such offense, forfeit and pay two hundred dollars ($200.00), and shall, moreover, be liable for any injury or damage that may be sustained by any such opposition or obstruction.
Miss. Code Ann. § 75-43-7 — MS Code / Title 75 / Chapter 12 / Section 43-7
Miss. Code Ann. § 75-43-7
Status: in_force

(1) Whoever holds a license to operate a farm warehouse, as provided for by this chapter, shall be entitled to have issued on his own grain stored in his farm warehouse or warehouses, a warehouse receipt or receipts, which shall be issued by the commissioner upon compliance with this section by the license holder.

(2) Any license holder desiring a warehouse receipt on his grain shall file application with the commissioner, on a form supplied by the commissioner, which shall state the location, the type, and the quantity of the grain on which the receipt is to be issued. In or accompanying the application, the applicant shall certify the grade of the grain and he shall agree to maintain the certified grade during the time that the grain is stored in his warehouse, and to deliver the certified grade to the holder of the warehouse receipt, upon demand for redemption of the receipt.
Miss. Code Ann. § 75-55-15 — MS Code / Title 75 / Chapter 12 / Section 55-15
Miss. Code Ann. § 75-55-15
Status: in_force

No person shall store, keep, expose for sale, offer for sale, or sell from any tank or container or from any pump or other distributing device or equipment, any gasoline, alcohol blended fuel, diesel fuel, kerosene, illuminating oil, or lubricating oils or other similar products than those indicated by the name, trade name, symbol, or sign of the manufacturer or distributor of the trademark or trade name of the product appearing upon the tank, container, pump, or other distributing equipment from which the same are sold, offered for sale or distributed; provided that the product of any manufacturer may be sold from distributing equipment not bearing the name, trade name, symbol or sign of any manufacturer. Provided further, that no distributor or other person shall deliver any gasoline, alcohol blended fuel, diesel fuel, kerosene, illuminating oils, or other similar products when such products are for resale to the consuming public and place said products in storage tanks, containers, or other devices when such storage tanks, containers, or other devices are labeled contrary to the true nature of the products being delivered or when such storage tanks, containers, or other devices bear any sign, symbol, trademark, or label not reflecting the true sign, symbol, trademark or name of the product being delivered.

All distributors or other persons receiving, storing, selling or distributing gasoline, alcohol blended fuel or oil in the State of Mississippi shall have plainly marked on the tanks, pumps, or other containers in which gasoline, alcohol blended fuel or oil is kept, words designating whether the product is gasoline, alcohol blended fuel or oil. No distributor or other person shall place any gasoline in a container marked oil or alcohol blended fuel, or any oil in a container marked gasoline or alcohol blended fuel, or alcohol blended fuel in any container marked gasoline or oil, nor shall there be any pipe or other connections between oil, gasoline and alcohol blended fuel containers. Provided, however, that nothing in this or any other law shall be construed to prohibit the use at common carrier pipeline terminals, of the same unloading lines to and between gasoline, alcohol blended fuel, and oil bulk storage stations, where adequate precautions have been taken to prevent contamination or adulteration of either oil, gasoline or alcohol blended fuel. No distributor or other person shall receive, store or distribute oil as gasoline or alcohol blended fuel nor gasoline as oil or alcohol blended fuel, nor alcohol blended fuel as oil or gasoline nor shall any distributor or other person make a false statement to the commissioner or his successor or any of his employees with reference to products received, stored, sold or delivered by such distributor or other person.

No distributor or other person shall sell or distribute or offer for sale or distribution gasoline and oil, or either, when such gasoline or oil, or either, is mixed, blended, or adulterated in this state in any manner or with any other product. Provided, however, this section shall not be construed to prevent any purchaser of gasoline and oil, or either, to adulterate such products after purchase to meet requirements of his individual uses and purposes, but in no event shall such purchaser sell or distribute such adulterated products, and it is not intended to levy a tax on crude oil produced in this state. Provided further, that blending pumps from which gasoline and lubricating oil are dispensed at the same time into a fuel tank or other container as marine fuel, may be installed by a distributor upon the prior issuance of a permit so to do by the commissioner or his successor, when said pumps shall have been approved by the Underwriter's Laboratories, Inc. Provided further, that nothing in this paragraph shall be construed to prohibit the manufacture of alcohol blended fuel.

Blending of grades of gasoline, additives, and compounds shall be limited to refineries, terminals, and blending pumps, and no person other than those employed at aforesaid facilities shall be permitted to blend any of the above-named products. Provided, however, that gasoline may be blended with alcohol to form alcohol blended fuel at other locations in the State of Mississippi as may be designated and licensed by the commissioner.

Any person guilty of violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for the first such offense and not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each such offense thereafter, and the penalty shall extend to principal and agent alike.
Miss. Code Ann. § 75-25-31 — MS Code / Title 75 / Chapter 12 / Section 25-31
Miss. Code Ann. § 75-25-31
Status: in_force

Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Miss. Code Ann. § 75-45-165 — MS Code / Title 75 / Chapter 12 / Section 45-165
Miss. Code Ann. § 75-45-165
Status: in_force

A commercial feed shall be deemed to be adulterated:

(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; however, in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this subsection if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health;

(b) If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act, other than one which is a pesticide chemical in or on a raw agricultural commodity, or a food additive;

(c) If it is, or it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act; or

(d) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act. However, where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice. In such case the concentration of such residue in the processed feed shall not exceed the tolerance prescribed for the raw agricultural commodity. Feeding of such processed feed shall not result, or be likely to result, in a pesticide residue, unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act, in the edible product of the animal.

(e) If it is, or it bears or contains, any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug and Cosmetic Act.

(f) If it is, or it bears or contains, any new animal drug which is unsafe within the meaning of Section 512 of the Federal Food, Drug and Cosmetic Act.

(g) If it consist in whole or in part of any filthy, putrid or decomposed substance, or it is otherwise unfit for feed;

(h) If it has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health;

(i) It is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter which is unsafe within the meaning of Section 402(a)(1) or (2) of the Federal Food, Drug and Cosmetic Act;

(j) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

(k) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to Section 409 of the Federal Food, Drug and Cosmetic Act.

(l) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor.

(m) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling. For the purposes of adjudging adulteration under this paragraph, the commissioner shall be guided by “permitted analytical variations” from the guaranteed value for each feed component or analytically measurable index of the feed quality. Such permitted analytical variations from guaranteed values shall be set forth by regulation by the commissioner and State Chemist.

(n) If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the commissioner and State Chemist to assure that the drug meets the requirement of this article as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating such regulations, the commissioner and State Chemist shall adopt the current good manufacturing practice regulations for Type A medicated articles and Type B and Type C medicated feed established under authority of the Federal Food, Drug, and Cosmetic Act, unless they determine that they are not appropriate to the conditions which exist in this state.

(o) If it contains viable weed seeds in amounts exceeding the limits which the commissioner and State Chemist shall establish by rule or regulation.
Miss. Code Ann. § 75-24-23 — MS Code / Title 75 / Chapter 12 / Section 24-23
Miss. Code Ann. § 75-24-23
Status: in_force

The remedies in this chapter are in addition to and not in derogation of remedies otherwise available under federal, state or local law to the attorney general, the district or county attorneys, or to persons injured by violations of this chapter.
Miss. Code Ann. § 75-58-15 — MS Code / Title 75 / Chapter 12 / Section 58-15
Miss. Code Ann. § 75-58-15
Status: in_force

(a) Interest. Should any person fail to make any payment required under this chapter when the same is due, interest shall accrue at the rate of twelve percent (12%) per annum from the date due until paid, provided, however, should operator fail to remit payment of net proceeds to any consenting non-operator within the time herein provided because the title of such consenting non-operator is not marketable, the rate of interest as to the net proceeds attributable to such consenting non-operator shall be five percent (5%) accruing from the date when due until the title is rendered marketable. Marketability of title shall be determined in accordance with the then current legally recognized real property law governing title to oil and gas interests. Where the title to a balancing party's interest is not marketable, and where all the claimants to such interest are not consenting non-operators, operator may refuse to produce and deliver any gas attributable to such interest until such time as the title is rendered marketable. Gas attributable to such interest shall be allocated as underproduction.

(b) Interpleader. An operator shall have the right to initiate an action of interpleader where the operator may be exposed to double or multiple liability in the payment of net proceeds. Upon deposit with the court of the net proceeds plus accrued interest thereon as of the date of such deposit as provided by this chapter, operator shall thereafter be relieved of all liability relating to the net proceeds and accrued interest so deposited with the court. Operator shall be entitled to deduct and/or receive from the net proceeds and accrued interest all reasonable costs incurred by operator in such action of interpleader. An overproduced party desiring to cash balance shall also have the right to initiate an action of interpleader where such overproduced party may be exposed to double or multiple liability in the payment of proceeds for cash balancing. Upon deposit with the court of the proceeds for cash balancing, such overproduced party shall hereafter be relieved of all liability relating to such proceeds so deposited with the court. The overproduced party shall be entitled to deduct and/or receive from the proceeds for cash balancing all reasonable costs incurred by such overproduced party in such action of interpleader.

(c) Jurisdiction Over Disputes. Jurisdiction and venue for any proceeding brought pursuant to this chapter shall be in the Chancery Court of the First Judicial District for Hinds County, Mississippi, or in the chancery court of any county in which all or part of the unit for the well is situated.
Miss. Code Ann. § 75-24-215 — MS Code / Title 75 / Chapter 12 / Section 24-215
Miss. Code Ann. § 75-24-215
Status: in_force

If a third party requests access to a consumer report on which a security freeze applies, and this request is in connection with an application for credit, insurance or any other use, and the consumer does not immediately request the consumer reporting agency to lift the security freeze and allow his or her credit report to be accessed for that specific party or period of time, the third party may treat the consumer's application as incomplete.
Miss. Code Ann. § 75-23-33 — MS Code / Title 75 / Chapter 12 / Section 23-33
Miss. Code Ann. § 75-23-33
Status: in_force

It shall be unlawful for any person:

(a) To sell or distribute in this state or to acquire, hold, own, possess or transport, for sale or distribution in this state; or to import, or cause to be imported, into this state for sale or distribution in this state:

(i) Any cigarettes the package of which:

1. Bears any statement, label, stamp, sticker or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed or used in the United States, including, but not limited to, labels stating “For Export Only,” “U.S. Tax-Exempt,” “For Use Outside U.S.” or similar wording; or

2. Does not comply with:

a. All requirements imposed by or pursuant to federal law regarding warnings and other information on packages of cigarettes manufactured, packaged or imported for sale, distribution or use in the United States, including, but not limited to, the precise warning labels specified in the Federal Cigarette Labeling and Advertising Act, 15 USCS 1333 ; and

b. All federal trademark and copyright laws;

(ii) Any cigarettes imported into the United States in violation of 26 USCS 5754 or any other federal law, or implementing federal regulations;

(iii) Any cigarettes that such person otherwise knows or has reason to know the manufacturer did not intend to be sold, distributed or used in the United States; or

(iv) Any cigarettes for which there has not been submitted to the Secretary of the United States Department of Health and Human Services the list or lists of the ingredients added to tobacco in the manufacture of such cigarettes required by the Federal Cigarette Labeling and Advertising Act, 15 USCS 1335a ;

(b) To alter the package of any cigarettes, prior to sale or distribution to the ultimate consumer, so as to remove, conceal or obscure:

(i) Any statement, label, stamp, sticker or notice described in paragraph (a)(i)1 of this section;

(ii) Any health warning that is not specified in, or does not conform with the requirements of, the Federal Cigarette Labeling and Advertising Act, 15 USCS 1333 ; or

(c) To affix any stamp required pursuant to Chapter 69, Title 27, Mississippi Code of 1972 , to the package of any cigarettes described in paragraph (a) of this section or altered in violation of paragraph (b) of this section.
Miss. Code Ann. § 75-45-175 — MS Code / Title 75 / Chapter 12 / Section 45-175
Miss. Code Ann. § 75-45-175
Status: in_force

When the commissioner or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this article or of any of the prescribed regulations under this article, he may, according to his judgment of the gravity of the offense and regulations promulgated by the commissioner and State Chemist issue and enforce a written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the commissioner or the court. The commissioner shall release the lot of commercial feed so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained within thirty (30) days, the commissioner may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
Miss. Code Ann. § 75-24-61 — MS Code / Title 75 / Chapter 12 / Section 24-61
Miss. Code Ann. § 75-24-61
Status: in_force

Any person willfully violating any of the provisions of Section 75-24-53 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months or by both such fine and imprisonment.
Miss. Code Ann. § 75-27-105 — MS Code / Title 75 / Chapter 12 / Section 27-105
Miss. Code Ann. § 75-27-105
Status: in_force

If any person shall sell, keep, or offer for sale, any barrel of flour, meal, pork, or beef, as a barrel thereof, containing less than the standard weight net, he shall forfeit to the county all of such underweight flour, meal, pork, or beef which he may have in his possession.
Miss. Code Ann. § 75-35-301 — MS Code / Title 75 / Chapter 12 / Section 35-301
Miss. Code Ann. § 75-35-301
Status: in_force

The commissioner may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) refuse to provide, or withdraw, inspection service under Article 1 of this chapter with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under Article 1 because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any federal or state court, of (1) any felony, or (2) more than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way other provisions of this chapter for withdrawal of inspection services under Article 1 from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat food products.

For the purpose of this section, a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of ten per centum (10%) or more of its voting stock or employee in a managerial or executive capacity. The determination and order of the commissioner with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty (30) days after the effective date of such order in the appropriate court as provided in Section 75-35-15 . Judicial review of any such order shall be upon the record made before the commissioner upon which the determination and order are based.
Miss. Code Ann. § 75-40-117 — MS Code / Title 75 / Chapter 12 / Section 40-117
Miss. Code Ann. § 75-40-117
Status: in_force

(1) The State Veterinarian may institute suits or other legal proceedings in any court of proper venue as may be required for the enforcement of any law or regulation governing activities for which registration with or a license or permit from the board is required by this article.

(2) The State Veterinarian may institute an action in any court of proper venue to enforce any order made by him pursuant to the provisions of Section 75-40-115 .

(3) In cases in which the State Veterinarian institutes a suit or other legal proceeding to enforce his order, the court may, among other appropriate relief, issue a temporary restraining order or a preliminary, interlocutory or permanent injunction restraining or enjoining persons, and those in active concert with them, from engaging in any acts, practices or transactions prohibited by orders of the State Veterinarian or any law or regulation governing activities for which registration with or a license or permit from the Board of Animal Health is required.
Miss. Code Ann. § 75-26-17 — MS Code / Title 75 / Chapter 12 / Section 26-17
Miss. Code Ann. § 75-26-17
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Miss. Code Ann. § 75-41-11 — MS Code / Title 75 / Chapter 12 / Section 41-11
Miss. Code Ann. § 75-41-11
Status: in_force

It shall be unlawful for chain operators of cotton gins, operating gins in two or more places within the State of Mississippi, to discriminate in prices paid for cottonseed or in the prices charged for ginning services; the necessary operating expenses, freight rates, and other proper elements affecting prices being considered, and the effect of which would be to destroy or attempt to destroy competition at either or any of said places in which said gins shall be operated. Provided, however, that a reduction in the charge for the service herein mentioned made in any locality for the purpose of meeting legitimate competition, or a higher price paid for seed in any locality, when such higher price paid for seed is paid in meeting legitimate competition, shall not constitute a violation of this chapter. And it shall be sufficient to make out a prima facie case of a violation to show a lower charge for the service herein mentioned in one locality than another, or to show a higher price paid for said seed in one locality than another, differences of freight and other necessary expenses of operating business considered.
Miss. Code Ann. § 75-24-301 — MS Code / Title 75 / Chapter 12 / Section 24-301
Miss. Code Ann. § 75-24-301
Status: in_force

Sections 75-24-301 through 75-24-311 shall be known as the “Insurance Benefits Roofing Repair Consumer Protection Act.”
Miss. Code Ann. § 75-57-9 — MS Code / Title 75 / Chapter 12 / Section 57-9
Miss. Code Ann. § 75-57-9
Status: in_force

The codes of the American Society of Mechanical Engineers--Boiler and Pressure Vessel Code--Section II Material Specifications; Section VIII Pressure Vessels; and Section IX Welding and Brazing Qualifications; American Petroleum Institute Standard 620 (American Petroleum Institute Recommended Rules for the Design and Construction of Large Welded Low-pressure Storage Tanks); Standards of the National Fuel Gas Code as published by the National Fire Protection Association, NFPA-54; the Standards for the Storage and Handling of Liquefied Petroleum Gas as published by the National Fire Protection Association, NFPA-58; and other National Fire Protection Association standards applicable to liquefied petroleum gas and compressed gas; and the safety requirements for the storage and handling of anhydrous ammonia as published by the American National Standards Institute, Inc. as the codes and standards referred to herein as revised, and standards referred to above are hereby adopted by reference as specifications for the purpose of material standards, construction, handling, transportation and installation of all liquefied compressed gas systems and inspection and operation of pressure vessels. Copies of all codes and standards referred to in the foregoing are available for public use and inspection at the office of the Commissioner of Insurance. The State Liquefied Compressed Gas Board is fully authorized and empowered in the exercise of its authority granted under this section to change, delete from or amend from time to time the national code and standards adopted by reference in this section. Any changes, deletions or amendments made to the national codes and codes adopted by reference in this section shall be made in strict compliance with the Mississippi Administrative Procedures Law, Chapter 43, Title 25, Mississippi Code of 1972 , and with the approval of the Commissioner of Insurance. The State Liquefied Compressed Gas Board is fully authorized and empowered in the exercise of the authority granted under this section to exempt or grant deviations from the national code and standards adopted by reference in this section with respect to reconditioned or remanufactured railroad tank car pressure vessels designed for and used as stationary storage tanks for agricultural fertilizers.
Miss. Code Ann. § 75-49-19 — MS Code / Title 75 / Chapter 12 / Section 49-19
Miss. Code Ann. § 75-49-19
Status: in_force

(1) Any person who knowingly and willfully violates any of the provisions of this chapter or any rules and regulations made hereunder shall be liable to the State of Mississippi for a civil penalty of not more than One Thousand Dollars ($1,000.00) for each such violation. Each violation of a provision of this chapter or a rule or regulation made hereunder shall constitute a separate violation with respect to each factory-built home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed one million dollars ($1,000,000.00) for any related series of violations occurring within one (1) year from the date of the first violation.

(2) An individual, or a director, officer or agent of a corporation, who knowingly and willfully violates any of the provisions of this chapter or any rules and regulations made hereunder in a manner which threatens the health and safety of any purchaser of a factory-built home is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one (1) year, or both.

(3) This chapter shall not apply to any person who establishes that he did not have reason to know in the exercise of due care that such factory-built home is not in conformity with applicable factory-built construction and safety standards, or to any person who, before to such first purchase, holds a certificate issued by the manufacturer or importer of such factory-built home to the effect that such factory-built home conforms to all applicable factory-built home construction and safety standards, unless such person knows that such factory-built home does not so conform.

(4) An individual, or a director, officer or agent of a corporation, who knowingly and willfully fails to obtain the applicable license under this chapter and who is required to obtain such license under this chapter, and who may knowingly and willfully violate any provisions of this chapter or any rules and regulations made hereafter with respect to the manufacture of, selling or distribution of, safe anchoring and blocking of a factory-built home when intended to be used for human habitation is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than one (1) year, or both.
Miss. Code Ann. § 75-15-33 — MS Code / Title 75 / Chapter 12 / Section 15-33
Miss. Code Ann. § 75-15-33
Status: in_force

The masculine, feminine and neuter genders shall each include the others and the singular shall include the plural.
Miss. Code Ann. § 75-24-77 — MS Code / Title 75 / Chapter 12 / Section 24-77
Miss. Code Ann. § 75-24-77
Status: in_force

Any person willfully violating any of the provisions of Section 75-24-73 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months or by both such fine and imprisonment.
Miss. Code Ann. § 75-17-101 — MS Code / Title 75 / Chapter 12 / Section 17-101
Miss. Code Ann. § 75-17-101
Status: in_force

Unless otherwise provided by law, general obligation and limited obligation tax bonds issued by the State of Mississippi or a county, municipality or political subdivision thereof and described in Sections 19-9-19 , 21-33-315 , 21-41-43 , 37-27-65 , 37-29-103 , 37-29-109 , 37-29-113 , 37-59-27 , 41-13-21 , 51-29-63 , 51-31-61 , 51-33-37 , 51-33-39 , 57-1-29 , 59-3-11 , 59-5-45 , 59-7-19 , 59-7-109 , 59-9-37 , 59-9-65 , 59-13-9 , 61-5-17 and 65-19-25, Mississippi Code of 1972 , shall not bear a greater overall maximum interest rate to maturity than eleven percent (11%) per annum.
Miss. Code Ann. § 75-17-9 — MS Code / Title 75 / Chapter 12 / Section 17-9
Miss. Code Ann. § 75-17-9
Status: in_force

When partial payments are made, the interest that has accrued to the time of payment, if any, shall be first paid, and the residue of such partial payment shall be placed to the payment of the principal, except that the parties may agree in writing that such partial payment, or any portion thereof, shall be applied first to the payment of principal, in which case the residue shall be applied to the payment of interest that has accrued to the time of payment.
Miss. Code Ann. § 75-35-105 — MS Code / Title 75 / Chapter 12 / Section 35-105
Miss. Code Ann. § 75-35-105
Status: in_force

No person, firm, or corporation shall engage in business, as a meat broker, renderer, or animal food manufacturer, or engage in business as a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, sheep, swine, goats, horses, mules, or other equines, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such items or products, or engage in the business of buying, selling, or transporting, any dead, dying, disabled, or diseased animals of the specified kinds, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless, when required by regulations of the commissioner, he has registered with the commissioner his name, and the address of each place of business at which, and all trade names under which, he conducts such business.
Miss. Code Ann. § 75-27-219 — MS Code / Title 75 / Chapter 12 / Section 27-219
Miss. Code Ann. § 75-27-219
Status: in_force

Each barn shall be required to post in a conspicuous place, printed in large type letters and numbers, not less than 36 point type, a complete schedule of charges to be made on the handling of all types of sales.

This schedule shall remain permanently posted.
Miss. Code Ann. § 75-31-511 — MS Code / Title 75 / Chapter 12 / Section 31-511
Miss. Code Ann. § 75-31-511
Status: in_force

A milk processor who fails to pay for raw milk as provided by this article shall be liable to the dairy farmer for:

(a) The purchase price of the raw milk;

(b) Interest on the purchase price at the highest legal rate from the date possession is transferred until the date the payment is made in accordance with this article; and

(c) A reasonable attorney's fee for the collection of the payment.
Miss. Code Ann. § 75-23-23 — MS Code / Title 75 / Chapter 12 / Section 23-23
Miss. Code Ann. § 75-23-23
Status: in_force

(a) The state tax commission, or any person injured by any violation, or who would suffer injury from any threatened violation of the Unfair Cigarette Sales Law, may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this law shall be established the court shall enjoin and restrain, or otherwise prohibit, such violation or threatened violation, and, in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit including reasonable attorney's fees. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in said action, in addition to such injunctive relief and cost of suit, including reasonable attorney's fees shall be entitled to recover from the defendant the actual damages sustained by him.

(b) In the event that no injunctive relief is sought or required, any person injured by a violation of Unfair Cigarette Sales Law may maintain an action for damages and costs of suit in any court of general jurisdiction.
Miss. Code Ann. § 75-24-53 — MS Code / Title 75 / Chapter 12 / Section 24-53
Miss. Code Ann. § 75-24-53
Status: in_force

No person who has granted a franchise to another person shall cancel or otherwise terminate any such franchise agreement without notifying such person of the cancellation, termination or failure to renew in writing at least ninety (90) days in advance of the cancellation, termination or failure to renew, except that when criminal misconduct, fraud, abandonment, bankruptcy or insolvency of the franchisee, or the giving of a no account or insufficient funds check is the basis or grounds for cancellation or termination, the ninety-day notice shall not be required.
Miss. Code Ann. § 75-43-43 — MS Code / Title 75 / Chapter 12 / Section 43-43
Miss. Code Ann. § 75-43-43
Status: in_force

The form of all receipts shall be approved by the commissioner. The commissioner shall be authorized to have printed by the state printer all warehouse receipts to be issued by the commissioner.
Miss. Code Ann. § 75-24-203 — MS Code / Title 75 / Chapter 12 / Section 24-203
Miss. Code Ann. § 75-24-203
Status: in_force

If a security freeze is in place, a consumer reporting agency shall notify the consumer in writing of a change in the consumer's file retained by the consumer reporting agency to the consumer's name, date of birth, social security number, or address not later than thirty (30) calendar days after the date the change is made. The agency shall send notification of a change of address to both the new address and former address of the consumer. This section does not require notice of an immaterial change, including a street abbreviation change or correction of a transposition of letters or misspelling of a word.
Miss. Code Ann. § 75-55-19 — MS Code / Title 75 / Chapter 12 / Section 55-19
Miss. Code Ann. § 75-55-19
Status: in_force

No person shall use any scales, measure or measuring device in the handling or sale of petroleum products, unless the same is true and accurate; and the standards of weights and measures shall be those most recently adopted by the Division of Institute of Standards and Technology of the United States Department of Commerce, except that in no event shall gasoline, alcohol blended fuel, diesel fuel, or kerosene be dispensed for sale through visible or bowl pumps with outside indicators, and in no event shall any such bowl be drained by any device except through the regular dispensing hose.
Miss. Code Ann. § 75-29-202 — MS Code / Title 75 / Chapter 12 / Section 29-202
Miss. Code Ann. § 75-29-202
Status: in_force

Distributors are required to keep records of the names and addresses of the manufacturers whose syrup they distribute for a period of three (3) years and to provide that information to the commissioner upon request to aid the commissioner in locating the source of adulterated syrup or syrup products.
Miss. Code Ann. § 75-27-311 — MS Code / Title 75 / Chapter 12 / Section 27-311
Miss. Code Ann. § 75-27-311
Status: in_force

(1) Each bonded weighmaster shall, at his or her own expense, provide himself or herself with an impression seal. The licensee's name and the word “Mississippi” shall be inscribed around the outer margin of the seal and the words “Bonded Weighmaster” shall be inscribed in the center thereof.

(2) Such seal, or licensee's name and number, shall be impressed or inscribed electronically upon each weight certificate issued by such bonded weighmaster, and such seal or licensee's name and number, when applied to weight certificates, shall be recognized authority of accuracy of weight or measure recorded thereon.

(3) The use of such bonded weighmaster's seal by any person not holding a valid weighmaster's license shall be a misdemeanor and such person shall be punished as provided in this article. If a licensed bonded weighmaster shall allow his or her bonded weighmaster's seal to be used by another person, such bonded weighmaster shall be guilty of a misdemeanor and shall be punished as provided herein and his or her license may be revoked.
Miss. Code Ann. § 75-47-19 — MS Code / Title 75 / Chapter 12 / Section 47-19
Miss. Code Ann. § 75-47-19
Status: in_force

For the purpose of determining the commercial values to be applied under the provisions of Section 75-47-17 , the state chemist shall determine and publish annually the values per unit of nitrogen, available phosphoric acid, and soluble potash in commercial fertilizers in this state. If guarantees are as provided in Section 75-47-5(c)(2) , the value shall be per unit of nitrogen, phosphorus, and potassium. The values so determined and published shall be used in determining and assessing penalties.
Miss. Code Ann. § 75-12-15 — MS Code / Title 75 / Chapter 12 / Section 12-15
Miss. Code Ann. § 75-12-15
Status: in_force

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

(b) If a law other than this chapter requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply:

(1) The record must be posted or displayed in the manner specified in the other law.

(2) Except as otherwise provided in subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law.

(3) The record must contain the information formatted in the manner specified in the other law.

(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

(d) The requirements of this section may not be varied by agreement, but:

(1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and

(2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.
Miss. Code Ann. § 75-57-33 — MS Code / Title 75 / Chapter 12 / Section 57-33
Miss. Code Ann. § 75-57-33
Status: in_force

No cylinder installation shall be made unless the cylinders are designed, fabricated, tested and marked in accordance with the regulations of the United States Department of Transportation or the United States Interstate Commerce Commission, and constructed for a designed pressure of not less than two hundred forty (240) pounds per square inch. Cylinders with a water capacity of less than two hundred fifty (250) pounds shall be charged by weight with liquefied petroleum gas only at bulk storage or cylinder filling plants and not from mobile units such as delivery trucks, except cylinders installed as part of a system burning liquefied petroleum gas or compressed natural gas as a motor fuel or for farming purposes such as in flame cultivators or hot air balloon cylinders. Cylinders with a water capacity of two hundred fifty (250) pounds or larger may be charged at the installation from mobile units, provided they are equipped with a fixed liquid level gauging device and a filling valve, which is designed in accordance with the national standards and codes, in addition to other required or acceptable valves and fittings. Cylinders with a water capacity of two hundred fifty (250) pounds or larger, in addition to having all the necessary valves and fittings, must be installed permanently in accordance with the national standard and codes.
Miss. Code Ann. § 75-15-12 — MS Code / Title 75 / Chapter 12 / Section 15-12
Miss. Code Ann. § 75-15-12
Status: in_force

(1) In addition to the bond required in Section 75-15-11 , a licensee must possess permissible investments having an aggregate market value, calculated in accordance with generally accepted accounting principles, of not less than the aggregate amount of all outstanding checks issued or sold or money received for transmission by the licensee in the United States. This requirement may be waived by the commissioner if the dollar volume of a licensee's outstanding checks does not exceed the bond or other security devices posted by the licensee in accordance with Section 75-15-11 .

(2) Permissible investments, even if commingled with other assets of the licensee, shall be deemed by operation of law to be held in trust for the benefit of the purchasers and holders of the licensee's outstanding checks and money received for transmission and may not be considered an asset or property of the licensee in the event of bankruptcy, receivership or a claim against the licensee unrelated to any of the licensee's obligations under this chapter.

(3) Permissible investments mean:

(a) Cash;

(b) Certificates of deposit or other debt obligations of a financial institution, either domestic or foreign;

(c) Bills of exchange or time drafts drawn on and accepted by federally insured financial depository institutions;

(d) Any investment bearing a rating of one (1) of the three (3) highest grades as defined by a nationally recognized organization that rates such securities;

(e) Investment securities that are obligations of the United States, its agencies or instrumentalities, or obligations that are guaranteed fully as to principal and interest of the United States, or any obligations of any state, municipality or any political subdivision thereof;

(f) Shares in a money market mutual fund, interest-bearing bills or notes or bonds, debentures or stock traded on any national securities exchange or on a national over-the-counter market, or mutual funds primarily composed of those securities or a fund composed of one or more permissible investments as set forth in this section;

(g) Any demand borrowing agreement or agreements made to a corporation or a subsidiary of a corporation whose capital stock is listed on a national exchange;

(h) Receivables that are due to a licensee from its agents, which are not past due or doubtful of collection; or

(i) Any other investments approved by the commissioner.

(4) The commissioner may limit or disallow for purposes of determining compliance with this section an investment, surety bond, letter of credit or other security otherwise permitted by this section if the commissioner determines it to be unsatisfactory for investment purposes or to pose a significant supervisory concern.
Miss. Code Ann. § 75-25-23 — MS Code / Title 75 / Chapter 12 / Section 25-23
Miss. Code Ann. § 75-25-23
Status: in_force

Subject to the provisions of Section 75-25-31 hereof, any person who shall:

(a) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter, in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or

(b) Reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services; shall be liable in a civil action by the registrant for any and all of the remedies provided in Section 75-25-27 hereof, except that under paragraph (b) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
Miss. Code Ann. § 75-53-13 — MS Code / Title 75 / Chapter 12 / Section 53-13
Miss. Code Ann. § 75-53-13
Status: in_force

Any person who shall hinder or obstruct an inspector in the performance of his duty shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) and not more than fifty dollars ($50.00).
Miss. Code Ann. § 75-57-107 — MS Code / Title 75 / Chapter 12 / Section 57-107
Miss. Code Ann. § 75-57-107
Status: in_force

The board is authorized to impose monetary penalties and take such other disciplinary actions as authorized by this chapter.

Any person found by the board in violation of this chapter or any regulations promulgated by the board shall be subject to the following civil penalties:

(a) For a first offense, a penalty not to exceed One Thousand Dollars ($1,000.00);

(b) For a second offense, a penalty not to exceed Three Thousand Dollars ($3,000.00); and

(c) For a third or subsequent offense, a penalty not to exceed Five Thousand Dollars ($5,000.00).

Any person who violates or remains in violation of the provisions hereof may be directed by written notice from the board, stating the facts of such violation, to correct the violation. The notice may be served personally or by U.S. Mail with return receipt requested to the principal office or the person or to their residence.
Miss. Code Ann. § 75-47-1 — MS Code / Title 75 / Chapter 12 / Section 47-1
Miss. Code Ann. § 75-47-1
Status: in_force

This chapter shall be known as the “Mississippi Fertilizer Law of 1970.”
Miss. Code Ann. § 75-19-1 — MS Code / Title 75 / Chapter 12 / Section 19-1
Miss. Code Ann. § 75-19-1
Status: in_force

The use of private seals is dispensed with, except as to corporations; and all distinction between sealed and unsealed instruments, made by private persons, either as to the rights conferred by them or the remedies on them, is abolished.
Miss. Code Ann. § 75-57-29 — MS Code / Title 75 / Chapter 12 / Section 57-29
Miss. Code Ann. § 75-57-29
Status: in_force

Anhydrous ammonia bulk storage plants shall not be installed within the limits of any municipality unless such anhydrous ammonia bulk storage plant is located within an industrial park or an industrial area serviced by a municipal fire department. The installation of any such bulk storage plant within the limits of a municipality the construction of which is begun after February 1, 1989, must be approved by the governing authorities of the municipality by ordinance duly spread upon the minutes of such municipality. No anhydrous ammonia bulk storage plant the construction of which is begun after July 1, 1995, shall be located within two hundred (200) feet from any residence, office, store or other regularly occupied building, except buildings occupied by the operator of the bulk storage plant. No anhydrous ammonia tank shall be erected within two hundred (200) feet from any residence, office, store or other regularly occupied building, except buildings occupied by the operator of the bulk storage plant. Such tanks shall be vented in accordance with the requirements of the Commissioner of Insurance.
Miss. Code Ann. § 75-41-15 — MS Code / Title 75 / Chapter 12 / Section 41-15
Miss. Code Ann. § 75-41-15
Status: in_force

Any person, natural or artificial, being injured or damaged by a violation of the provisions of Section 75-41-11 , whether said damages be direct or indirect, may recover as liquidated damages in any appropriate action or suit in the circuit or chancery courts, the sum of One Hundred Dollars ($100.00) per bale for the first five (5) bales, and the sum of Ten Dollars ($10.00) for each successive bale thereafter ginned a day by the unlawful combination in competition with the plaintiff; and any person, natural or artificial, being injured by said unlawful combination, may have the relief of injunction in any appropriate proceeding in addition to the recovery of said damages, and each day's operations shall constitute a separate offense.
Miss. Code Ann. § 75-35-317 — MS Code / Title 75 / Chapter 12 / Section 35-317
Miss. Code Ann. § 75-35-317
Status: in_force

(1) Any person, firm, or corporation that shall neglect or refuse to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his or its power to do so, in obedience to the subpoena or lawful requirement of the commissioner, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five thousand dollars ($5,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.

(2) Any person, firm, or corporation that shall willfully make, or cause to be made any false entry or statement of fact in any report required to be made under this chapter, or that shall willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any person, firm, or corporation subject to this chapter or that shall willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of such person, firm, or corporation, or that shall willfully remove out of the jurisdiction of this state, or willfully mutilate, alter, or by any other means falsify any documentary evidence of any such person, firm, or corporation or that shall willfully refuse to submit to the commissioner or to any of his authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any such person, firm, or corporation in his possession or within his control, shall be deemed guilty of an offense and shall be subject, upon conviction in any court of competent jurisdiction to a fine of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00), or to imprisonment for a term of not more than three (3) years, or to both such fine and imprisonment.

(3) If any person, firm, or corporation required by this chapter to file any annual or special report shall fail so to do within the time fixed by the commissioner for filing the same, and such failure shall continue for thirty (30) days after notice of such default, unless for good cause shown on extension for filing same shall be granted by the commissioner, such person, firm, or corporation shall forfeit to this state the sum of one hundred dollars ($100.00) for each and every day of the continuance of such failure, which forfeiture shall be payable into the general fund of the treasury of this state, and shall be recoverable in a civil suit in the name of the state brought in the county where the person, firm, or corporation has his or its principal office or in any county in which he or it shall do business. It shall be the duty of the attorney general of this state, the county attorney and the district attorney, under the direction of the attorney general of this state, to prosecute for the recovery of such forfeitures in the name of the State of Mississippi. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of this state.

(4) Any officer or employee of this state who shall make public any information obtained by the commissioner without his authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment, not exceeding one (1) year, or by both such fine and imprisonment, in the discretion of the court. This provision does not apply to the governor, members of the legislature, the attorney general, district attorney, county attorney or sheriff.
Miss. Code Ann. § 75-45-155 — MS Code / Title 75 / Chapter 12 / Section 45-155
Miss. Code Ann. § 75-45-155
Status: in_force

This article shall be administered by the commissioner of agriculture and commerce, hereinafter referred to as commissioner, and the state chemist, as specified in the following sections.
Miss. Code Ann. § 75-55-3 — MS Code / Title 75 / Chapter 12 / Section 55-3
Miss. Code Ann. § 75-55-3
Status: in_force

(1) The Commissioner of Agriculture and Commerce, hereinafter referred to as the “commissioner,” is vested with power and authority and is charged with the duty of administering and enforcing the provisions of this chapter which pertain to signs; the labeling of pumps, tanks and other packages and containers; to trade names; and to scales, pumps and measuring equipment, and he shall have the authority to establish rules and regulations not inconsistent herewith in connection with its enforcement.

(2) The State Chemist is vested with power and authority and is charged with the duty of administering the provisions of this chapter which authorize the analysis of samples and the operation of the petroleum products laboratory, and he shall have the authority to establish rules and regulations in connection with its enforcement.

(3) The commissioner and the State Chemist shall have joint authority for setting specifications of petroleum products and shall have the authority to establish rules and regulations in connection with the enforcement of this chapter.
Miss. Code Ann. § 75-43-47 — MS Code / Title 75 / Chapter 12 / Section 43-47
Miss. Code Ann. § 75-43-47
Status: in_force

A farm warehouseman shall not deliver grain for which a warehouse receipt has been issued until the receipt has been returned to him and cancelled.
Miss. Code Ann. § 75-24-163 — MS Code / Title 75 / Chapter 12 / Section 24-163
Miss. Code Ann. § 75-24-163
Status: in_force

(1) A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of the following charges within five (5) days of the renewal date of an agreement with monthly periodic payments or within two (2) days of the renewal date of an agreement with periodic payments more frequently than monthly:

(a) All past due rental charges;

(b) If the goods have been picked up, the reasonable costs of pickup and redelivery; and

(c) Any applicable reinstatement fee.

(2) In the case of a consumer who has paid less than two-thirds ( 2 / 3 ) of the total of payments necessary to acquire ownership and where the consumer has returned or voluntarily surrendered the goods within the applicable reinstatement period, other than through judicial process, the consumer may reinstate the agreement during a period of not less than twenty-one (21) days after the date of the return of the property.

(3) In the case of a consumer who has paid two-thirds ( 2 / 3 ) or more of the total of payments necessary to acquire ownership, and where the consumer has returned or voluntarily surrendered the goods within the applicable reinstatement period, other than through judicial process, the consumer may reinstate the agreement during a period of not less than forty-five (45) days after the date of the return of the property.

(4) Nothing in this section shall prevent a lessor from attempting to repossess property during the reinstatement period, but such a repossession shall not affect the consumer's right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same property, if available, or with substitute property of comparable quality and condition.
Miss. Code Ann. § 75-41-1 — MS Code / Title 75 / Chapter 12 / Section 41-1
Miss. Code Ann. § 75-41-1
Status: in_force

Every public ginner shall plainly mark or stamp upon each bale of cotton packed or baled by him, the number of the bale, his own initials, and the initials of the customer for whom the cotton is ginned and baled, and shall enter in a book or register the name of the customer, the date when each bale was ginned and baled, and a record of the marks placed by him upon each bale as above directed, and shall allow an inspection of such entries at any time by any person interested to make it. Any person violating any of the provisions of this section shall upon conviction, be punished as for a misdemeanor.
Miss. Code Ann. § 75-21-33 — MS Code / Title 75 / Chapter 12 / Section 21-33
Miss. Code Ann. § 75-21-33
Status: in_force

The state or any person, natural or artificial, in the manner and in such instances as now provided by law shall always have the right to investigate the books, records and accounts of all corporations created by it and of all corporations doing business in this state, but this right shall not be exercised further than to examine books, records and accounts made and kept within three (3) years next preceding the beginning of the examination thereof, unless an examination of books, records and accounts made before that time be necessary to an understanding of the books, records and accounts made within said three (3) years.
Miss. Code Ann. § 75-43-13 — MS Code / Title 75 / Chapter 12 / Section 43-13
Miss. Code Ann. § 75-43-13
Status: in_force

(1) Every farm warehouseman to whom warehouse receipts are issued shall at all times keep the grain stored in the farm warehouse insured by an insurance company authorized to do business in this state. The grain is to be insured for its full market value against loss by fire, inherent explosion, lightning, tornado and windstorm, and failure to do so shall make the farm warehouseman liable for the same. All such policies shall provide that no cancellations shall be effective unless thirty (30) days' prior notice is given the commissioner.

(2) If fire, inherent explosion, lightning, tornado or windstorm shall destroy or damage all or part of the grain stored in any farm warehouse, the farm warehouseman shall, upon demand by the holder of any warehouse receipt for such grain, and upon being presented with the warehouse receipt, make settlement for the fair market value.
Miss. Code Ann. § 75-24-8 — MS Code / Title 75 / Chapter 12 / Section 24-8
Miss. Code Ann. § 75-24-8
Status: in_force

(1) The following words and phrases when used in this section have the meaning respectively ascribed to them, except for instances where the context clearly describes and indicates a different meaning:

(a) “ Additional mandatory charge ” means any separately stated charges that a renter is required to pay that specifically relate to the operation of a rental vehicle. This term includes, but is not limited to, a customer facility charge, airport concession recovery fee, vehicle license recovery fee, and any government imposed taxes or fees.

(b) “ Quote ” means an estimated cost of rental provided to a potential customer based on information provided by the customer, including potential dates of rental, location or class of vehicle.

(c) “ Vehicle license recovery fee ” means a charge to recover costs to license, title, register, plate, or inspect a rental vehicle that are incurred by a person or entity engaged in the business of renting motor vehicles under rental agreements.

(2) If a person or entity engaged in the business of renting motor vehicles under rental agreements imposes additional mandatory charges, the person or entity shall:

(a) Provide a good-faith estimate of the total charges for the entire rental, including all additional mandatory charges, whenever a quote is provided to a potential customer. The good-faith estimate may exclude mileage charges and charges for optional items that cannot be determined prior to completing a rental reservation based on the information provided by the potential customer; and

(b) Disclose in the rental contract provided to the renter the total charges for the entire rental, including all additional mandatory charges. Total charges for the entire rental do not include any charges that cannot be determined at the time the rental commences.

(3) The provisions of this section shall not apply to any person or business entity lawfully engaging in a peer-to-peer car sharing program under the Peer-to-Peer Car Sharing Program Act.
Miss. Code Ann. § 75-57-31 — MS Code / Title 75 / Chapter 12 / Section 57-31
Miss. Code Ann. § 75-57-31
Status: in_force

The governing body of any municipality is authorized to require the removal of any anhydrous ammonia storage plant which may be located within its corporate limits, if, after hearing, it is established that such plant is unsafe in any manner. Any aggrieved person may appeal from such decision of the governing body to the circuit court in the county where such municipality is located. The governing authorities of any municipality are also authorized and empowered to regulate and control the operation of vehicles transporting anhydrous ammonia over the streets of such municipality to restrict the operation of such vehicle to such streets as shall be designated by said authorities and to regulate and restrict the parking of such vehicles upon municipal streets.

The State Board of Health is authorized, empowered and directed to investigate any complaints as to anhydrous ammonia storage facilities when such complaints are in the nature of a nuisance, health or property hazard. If, after an investigation and hearing, it is determined that the complaints are well founded, the State Board of Health shall immediately condemn any such storage facility and the owner or operator thereof shall, within ninety (90) days from date of condemnation, remove such storage facility to a place which will meet the approval of the State Board of Health or immediately empty the storage facility and discontinue its use. When any person fails or refuses to comply with the orders of the State Board of Health, the State Liquefied Compressed Gas Board or Commissioner of Insurance may seek an order of any circuit or chancery court to carry out the orders of the State Board of Health, and the violator shall be assessed all legal expenses, costs of court and all other expenses necessary to effectuate the orders of the State Board of Health.
Miss. Code Ann. § 75-43-45 — MS Code / Title 75 / Chapter 12 / Section 43-45
Miss. Code Ann. § 75-43-45
Status: in_force

If a farm warehouseman delivers only a part of a lot of grain for which a warehouse receipt has been issued, the commissioner, upon proper notice, shall take up and cancel such receipt and issue a new receipt for the undelivered portion of grain.
Miss. Code Ann. § 75-56-25 — MS Code / Title 75 / Chapter 12 / Section 56-25
Miss. Code Ann. § 75-56-25
Status: in_force

The State Chemist may, if required for the analysis of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant for the purposes of registration, require the applicant to furnish a statement of the formula of such product, unless the applicant can furnish other satisfactory evidence that such product is not adulterated or misbranded. Such statement shall state the content of inhibitor ingredients in generic terms if such inhibitor ingredients total less than five percent (5%) by weight of the antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant. In lieu of a detailed product description, the State Chemist may allow the registrant to furnish other evidence which satisfactorily meets his requirements. All statements pertaining to the formula furnished under this section shall be privileged and confidential and shall not be made public or open to the inspection of any person, firm, association or corporation other than the enforcement agency. No such statement shall be subject to subpoena nor shall the same be exhibited or disclosed before any administrative or judicial tribunal by virtue of any order or subpoena of such tribunal unless with the consent of the applicant furnishing such statement to the State Chemist. The disclosure of any such information, except as provided in this section, shall constitute a misdemeanor.
Miss. Code Ann. § 75-41-13 — MS Code / Title 75 / Chapter 12 / Section 41-13
Miss. Code Ann. § 75-41-13
Status: in_force

On conviction of violating Section 75-41-11 , such operator of chain gins shall be fined in the sum of One Hundred Dollars ($100.00) per bale for the first five (5) bales, and Ten Dollars ($10.00) for each successive bale ginned a day in pursuance of such discriminatory practices; or the said penalty may be recovered by appropriate proceedings in the name of the state, instituted by the attorney general or any district attorney, with the consent of the attorney general, in either the chancery or the circuit courts of the state, and relief may be granted by injunction in the name of the state, as in case of violation of other anti-trust legislation of the state, and each day's operations shall constitute a separate offense.
Miss. Code Ann. § 75-29-201 — MS Code / Title 75 / Chapter 12 / Section 29-201
Miss. Code Ann. § 75-29-201
Status: in_force

(1) Every container of syrup sold, offered, or exposed for sale, through a retail outlet, by an individual, firm or corporation in the State of Mississippi shall have on the outside of each container a paper label, permanent type stamped imprint, or embossed material on the container itself, plainly printed in the English language, and truly certifying the net contents of the packet, the name, brand, and the name and address of the person, or processor, offering such syrup for sale, and a true statement of the contents contained therein.

(2) It shall be unlawful for any individual, firm, organization or corporation to label, sell, offer for sale or expose for sale at the retail level of trade any product as “pure syrup” that does not meet the minimum requirements established by the Mississippi Department of Agriculture and Commerce. Syrup from the juice of sugar cane or sorghum may be labeled “pure cane” or “pure sorghum” syrup to coincide with the contents therein. Any other type of syrup must show the name of all ingredients with ingredients listed in descending order of predominance of weight.

(3) It shall be unlawful for any manufacturer or distributor of syrup or syrup products to use a fictitious name or address on the container label.
Miss. Code Ann. § 75-40-105 — MS Code / Title 75 / Chapter 12 / Section 40-105
Miss. Code Ann. § 75-40-105
Status: in_force

It shall be unlawful for any person to act as a bird dealer unless such person has a valid bird dealer's license. Acting as a bird dealer without a license in violation of this section constitutes a misdemeanor.
Miss. Code Ann. § 75-57-13 — MS Code / Title 75 / Chapter 12 / Section 57-13
Miss. Code Ann. § 75-57-13
Status: in_force

It is expressly provided that, subsequent to the issuance of a permit by the Mississippi State Oil and Gas Board permitting the creation of such spaces, compressed air, liquefied compressed gases, refined hydrocarbons, oil or gas, or both, and those liquefied compressed gases known as butane or propane or mixtures thereof, may be stored in artificially formed underground storage spaces where such cavities are dissolved in salt beds and that the provisions of Section 53-3-155 shall be applicable for the issuance of a permit for the creation and use of such spaces. The Oil and Gas Board shall exercise jurisdiction over safety precautions regarding the storage and transmission of the compressed air, liquefied compressed gases, refined hydrocarbons, oil or gas, or both, only while it is underground and in the associated wellhead facilities as prescribed and set out in Section 53-1-17(3)(p) . The State Liquefied Compressed Gas Board shall be responsible for promulgating and enforcing safety standards beyond the associated wellhead facilities, during transmission above ground and while the compressed air, liquefied compressed gases, refined hydrocarbons, oil and gas is stored above ground.
Miss. Code Ann. § 75-44-11 — MS Code / Title 75 / Chapter 12 / Section 44-11
Miss. Code Ann. § 75-44-11
Status: in_force

Applications for licenses under this chapter are to be made on forms prescribed by the commissioner for each separate warehouse or, if an applicant owns more than one (1) warehouse at any one (1) location, which does not exceed eight (8) miles in distance, then all the warehouses at that location may be included in one (1) application. Every application is to be accompanied by an application fee of one hundred fifty dollars ($150.00) and a certified financial statement in a form prescribed by the commissioner and such further information as the commissioner may by regulation require.
Miss. Code Ann. § 75-23-41 — MS Code / Title 75 / Chapter 12 / Section 23-41
Miss. Code Ann. § 75-23-41
Status: in_force

(1) This article shall be enforced by the Attorney General, local district attorneys and local county prosecuting attorneys. The authority enforcing this article may request the assistance of local law enforcement agencies, and local law enforcement agencies receiving a request for assistance in the enforcement of this article shall provide the necessary assistance.

(2) The commission may provide assistance to the enforcing authority, including, but not limited to, the providing of information to the enforcing authority. The commission and any enforcing authority may request information from each other and from any other state agency, local or federal agency, or permittee.

(3) In addition to any other remedy provided by law, any person may bring an action for appropriate injunctive or other equitable relief, actual damages, if any, sustained by reason of a violation of this article, interest, reasonable attorney's fees and court costs. For purposes of promoting enforcement of this article, information identifying which permittee affixed the tax stamp to a particular package of cigarettes shall be public information.

(4) If the trier of fact finds that the violation is egregious, it may increase recovery to an amount not in excess of three (3) times the actual damages sustained by reason of the violation.
Miss. Code Ann. § 75-25-27 — MS Code / Title 75 / Chapter 12 / Section 25-27
Miss. Code Ann. § 75-25-27
Status: in_force

(a) Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three (3) times such profits and damages and/or reasonable attorneys' fees of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.

(b) The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
Miss. Code Ann. § 75-35-31 — MS Code / Title 75 / Chapter 12 / Section 35-31
Miss. Code Ann. § 75-35-31
Status: in_force

(1) The provisions of this article requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat food products at establishments conducting such operations shall not (a) apply to the slaughtering by any person of animals of his own raising, and the preparation by him and transportation in intrastate commerce of the carcasses, parts thereof, meat and meat food products of such animals exclusively for use by him and members of his household and his nonpaying guests and employees; nor (b) to the custom slaughter by any person, firm, or corporation of cattle, sheep, swine, or goats, delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in intrastate commerce of the carcasses, parts thereof, meat and meat food products of such animals, exclusively for use, in the household of such owner, by him, and members of his household and his nonpaying guests and employees: provided, that such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat or meat food products of any cattle, sheep, swine, goats, or equines, capable of use as human food.

(2) The provisions of this chapter requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat and meat food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such items or products to consumers at such establishments.

(3) The slaughter of animals and preparation of items or products referred to in subsections (1)(b) and (2) of this section shall be conducted in accordance with such sanitary conditions as the commissioner may by regulations prescribe. Violation of any such regulation is prohibited.

(4) The adulteration and misbranding provisions of this article, other than the requirement of the inspection legend, shall apply to items or products which are not required to be inspected under this section.
Miss. Code Ann. § 75-24-213 — MS Code / Title 75 / Chapter 12 / Section 24-213
Miss. Code Ann. § 75-24-213
Status: in_force

A consumer reporting agency shall honor a security freeze placed on a consumer file by another consumer reporting agency.
Miss. Code Ann. § 75-56-15 — MS Code / Title 75 / Chapter 12 / Section 56-15
Miss. Code Ann. § 75-56-15
Status: in_force

The commissioner or his designated employees shall have access at reasonable hours, and upon reasonable notice, to all places and property where antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant is manufactured, stored, transported, distributed, offered or intended to be offered for sale, including the right to inspect and examine all antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant there found and to take reasonable samples of such antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant for analysis together with specimens of labeling. All samples so taken shall be properly sealed and sent to the State Chemist for examination, together with all labeling appertaining thereto. It shall be the duty of the State Chemist or his designated employees to examine promptly all samples received in connection with the administration and enforcement of this chapter and to report the results of such examination to the commissioner or his designated employees.
Miss. Code Ann. § 75-25-3 — MS Code / Title 75 / Chapter 12 / Section 25-3
Miss. Code Ann. § 75-25-3
Status: in_force

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:

(a) Consists of or comprises immoral, deceptive or scandalous matter; or

(b) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or

(c) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or any foreign nation, or any simulation thereof; or

(d) Consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual's written consent; or

(e) Consists of a mark which, (1) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them, or (2) when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, or (3) is primarily merely a surname; however, nothing in this subsection (e) shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five (5) years before the date on which the claim of distinctiveness is made; or

(f) Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.
Miss. Code Ann. § 75-26-5 — MS Code / Title 75 / Chapter 12 / Section 26-5
Miss. Code Ann. § 75-26-5
Status: in_force

(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Miss. Code Ann. § 75-33-15 — MS Code / Title 75 / Chapter 12 / Section 33-15
Miss. Code Ann. § 75-33-15
Status: in_force

Any duly authorized agent or employee of the commissioner may at any time enter any establishment and examine the same, to ascertain whether the provisions of this article are being observed.
Miss. Code Ann. § 75-31-207 — MS Code / Title 75 / Chapter 12 / Section 31-207
Miss. Code Ann. § 75-31-207
Status: in_force

(1) Design. (a) Level: A farm milk tank shall be in normal operation position when it is in level. The tank shall be equipped with suitable special means by which this level can be determined and established, such as a permanently attached two-way level, or other approved and accurate means of reference for level determinations. (A plumb bob is not considered satisfactory for leveling farm milk tanks and shall not be used.) Where two-way levels are used, the indicating lines shall exactly coincide with the extreme limit of the bubble in each instance and the level shall not be less than one-half ( 1 / 2 ) inch length each way and on tanks six (6) feet long or longer there shall be two (2) such levels, one (1) on each end. Levels shall not be attached to any pipe or other fixture connected to the tank.

(b) Fraudulent construction: A farm tank and all devices designed to be used with or attached thereto and used in connection therewith, shall be of such design and construction that they do not facilitate the perpetration of fraud. Blueprints or photostats showing details of the design and construction of each brand or model of farm milk tanks, including measuring device, shall be submitted to the commissioner for approval.

(c) Permanence: A farm milk tank shall be of such design, construction and material that it will withstand ordinary usage without impairment of the accuracy of measurements made therein. The shell, bulkheads and supporting framework shall be of such design, material and construction that they will not become distorted, under any conditions of liquid lading. The tanks shall be rigidly installed in level on the floor of the milk house without use of removable blocks or shims under the legs.

(d) Identifications: Each farm milk tank shall bear the name of the manufacturer and his address, together with the model and serial number of the individual tank. Each gauge rod or surface gauge shall bear the serial number of the individual tank for which it is intended to be a part of.

(e) Discharge outlet or valve: A farm milk tank shall be equipped with a discharge outlet or valve through which the tank may be completely emptied when the tank is in level.

(f) Complete drainage: A farm milk tank shall be so designed and constructed and shall be so installed that the tank may be completely emptied through the discharge outlet or valve when the tank is in level.

(g) Calibration: Upon installation and/or reinstallation at any farm, the tank shall be satisfactorily calibrated to “deliver” the indicated capacities within the tolerances allowable.

(h) Capacity: The capacity of a farm milk tank shall be determined as the highest liquid level reading obtainable where agitation of liquid will not overflow the tank.

(i) Testing medium: Water shall be used as the medium in determining the capacity of farm milk tanks. (Litmus paper shall not be used in connection with calibrations.)

(2) Approval seals. When the farm milk tank installation has been officially tested and approved, the gauge rod or surface gauge and the chart, as well as the tank itself, shall be suitably marked to verify such approval by the commissioner or his representative.

(3) Responsibility of installation. It shall be the responsibility of the manufacturer, his agent or dealer, to install the farm milk tank as per specifications and regulations stipulated in this article and in such manner as to give accurate measure and satisfactory service. The manufacturer, his agent or dealer, shall notify the commissioner of the date and location each installation is expected to be completed and have his installation engineer or representative present to assist the state agency in checking the correct setting, gauging and calibration of each farm milk tank. No farm milk tank installed after this article becomes effective shall be put in use on any dairy farm until its setting, gauging and calibration have been approved by the commissioner and purchaser.

(4) Responsibility of calibration. It shall be the responsibility of the farm milk tank manufacturer to calibrate farm milk holding tanks. Such calibration shall be made at the factory of the manufacturer or field calibrated. Beginning with the lowest reading on the calibration chart, factory calibration shall be readily field checkable in five-gallon intervals; or reasonable multiples thereof. All equipment used for tank calibration within the State of Mississippi must be approved by the commissioner.
Miss. Code Ann. § 75-15-7 — MS Code / Title 75 / Chapter 12 / Section 15-7
Miss. Code Ann. § 75-15-7
Status: in_force

Nothing in this chapter shall apply to the sale or issuance or delivering of checks by:

(a) Any financial institution whose deposits are insured by any agency of the United States government or any trust company authorized to do business in this state;

(b) The government of the United States or any department or agent thereof;

(c) The State of Mississippi or any municipal corporation, county or other political subdivision of this state;

(d) Agents of a licensee, as provided for in Section 75-15-17 , provided that this exemption shall apply only to the agent's acts on behalf of the licensee and this exemption shall not exempt the agent from the provisions of this chapter where he conducts money transmissions for his own account;

(e) Attorneys-at-law, as to checks issued in the regular course of the practice of law;

(f) Persons not carrying on the trade or business of money transmission, this exemption is intended to include persons who conduct money transmissions only as an incidental act to another trade or business regularly carried on by them and persons who only occasionally and infrequently conduct money transmissions for another person; or

(g) The Nationwide Mortgage Licensing System and Registry for mortgage brokers, mortgage lenders and mortgage loan originators.
Miss. Code Ann. § 75-43-55 — MS Code / Title 75 / Chapter 12 / Section 43-55
Miss. Code Ann. § 75-43-55
Status: in_force

The provisions and definitions of the Uniform Commercial Code relating to warehouse receipts, to the extent not inconsistent with this chapter, shall govern warehouse receipts issued by the commissioner under this chapter, and the other provisions of the Uniform Commercial Code shall also be applicable to the provisions of this chapter to the extent not inconsistent with this chapter.
Miss. Code Ann. § 75-44-63 — MS Code / Title 75 / Chapter 12 / Section 44-63
Miss. Code Ann. § 75-44-63
Status: in_force

A grain warehouseman may make a valid sale or pledge of any warehouse receipts issued for grain of which the warehouseman is the owner, either solely or jointly or in common with others, and the recital of ownership in the receipt shall constitute notice of the right to sell or pledge the same and of the title or specific lien of the transferee or pledgee upon the warehouseman's grain represented by the receipts.
Miss. Code Ann. § 75-47-33 — MS Code / Title 75 / Chapter 12 / Section 47-33
Miss. Code Ann. § 75-47-33
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 commercial fertilizer and to hold at a designated place when the commissioner finds said commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and said commercial fertilizer is released in writing by the commissioner, or said violation has been otherwise legally disposed of by written authority. The commissioner shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
Miss. Code Ann. § 75-44-13 — MS Code / Title 75 / Chapter 12 / Section 44-13
Miss. Code Ann. § 75-44-13
Status: in_force

Prior to the issuance of a license, every applicant shall pay an annual license fee based upon the capacity of the warehouse, such fee to be determined by the commissioner, but not to exceed one hundred dollars ($100.00).
Miss. Code Ann. § 75-27-35 — MS Code / Title 75 / Chapter 12 / Section 27-35
Miss. Code Ann. § 75-27-35
Status: in_force

The powers and duties given to and imposed upon the director by Sections 75-27-21 through 75-27-33 , and 75-27-61 , of this article are hereby given to and imposed upon the deputy director and inspectors also, when acting under the instructions and at the direction of the director.
Miss. Code Ann. § 75-25-17 — MS Code / Title 75 / Chapter 12 / Section 25-17
Miss. Code Ann. § 75-25-17
Status: in_force

The secretary shall cancel from the register, in whole or in part:

(a) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;

(b) All registrations granted under this chapter and not renewed in accordance with the provisions hereof;

(c) Any registration concerning which a court of competent jurisdiction shall find:

(1) That the registered mark has been abandoned,

(2) That the registrant is not the owner of the mark,

(3) That the registration was granted improperly,

(4) That the registration was obtained fraudulently,

(5) That the mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered,

(6) That the registered mark is so similar, as to be likely to cause confusion or mistake, or to deceive, to a mark registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that, should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration hereunder shall not be cancelled for such area of the state; or

(d) When a court of competent jurisdiction shall order cancellation of a registration on any ground.
Miss. Code Ann. § 75-31-217 — MS Code / Title 75 / Chapter 12 / Section 31-217
Miss. Code Ann. § 75-31-217
Status: in_force

A portable tank shall be of the center-reading type.
Miss. Code Ann. § 75-59-7 — MS Code / Title 75 / Chapter 12 / Section 59-7
Miss. Code Ann. § 75-59-7
Status: in_force

The state superintendent of education shall consult with the Secretary of State and the Secretary of State is hereby empowered, authorized, and directed to make reasonable rules and regulations to implement the general purposes of this chapter.
Miss. Code Ann. § 75-57-115 — MS Code / Title 75 / Chapter 12 / Section 57-115
Miss. Code Ann. § 75-57-115
Status: in_force

The board shall require that metering equipment in delivery vehicles used in dispensing of liquefied compressed gas shall be calibrated to an accuracy of a plus or minus tolerance of two percent (2%) at least once a year. This requirement shall not apply to delivery vehicles used in dispensing anhydrous ammonia. All retail stationary dispensing equipment with dispensing capabilities of less than fifty (50) gallons per minute shall be calibrated to an accuracy of a plus or minus tolerance of two percent (2%) every two (2) years. Certificates showing such calibration shall be kept at the dealer's place of business and shall be presented upon demand of the Commissioner of Insurance for inspection by the board. This section shall not apply to anhydrous ammonia dispensing equipment.
Miss. Code Ann. § 75-31-215 — MS Code / Title 75 / Chapter 12 / Section 31-215
Miss. Code Ann. § 75-31-215
Status: in_force

(1) Spacing, width and identification of graduations. On a gauge rod or surface gauge, the spacing of the graduations, center to center, shall be 0.03125 ( 1 / 32 ) inch, if graduations are in inches, or one (1) millimeter, if graduated in centimeters. The width of any graduation mark or line shall not exceed .008 of an inch (0.2mm) and shall not be less than .0055 of an inch (0.1mm).

(2) Graduation identification. The graduation scale shall be in terms of inches and fractions of an inch, or centimeters and fractions of a centimeter. No error shall be greater than 1 / 32 inch in the entire length of gauge rod or surface gauge, if graduations are in inches, or one (1) millimeter if in centimeters. Main graduation marks or lines shall be successively longer than the minimum graduation marks or lines, and shall be identifiable in spacings not to exceed one-fourth ( 1 / 4 ) inch, if graduations are in inches, or five (5) millimeters, if graduations are in centimeters. Graduations shall start at the bottom of the gauge rod or surface gauge and shall be regular in sequence.

(3) Graduation. Gauge rod graduations and numerals identifying same shall be milled, etched or otherwise indented, but indentations shall not be so deep as to cause a capillary effect preventing straight line readings across the entire face of the gauge rod. Surface gauge graduations shall be of such material that they will not become obliterated. Graduations shall be parallel and at a ninety (90) degree angle to the perpendicular axis of the gauge rod or surface gauge.

(4) Values of graduations. On a gauge rod or surface gauge, the graduations shall be designated in inches and fractions thereof or centimeters and fractions thereof. In either of these cases there shall be provided by the manufacturer for each such rod or gauge and each tank with which it is associated, a volume chart showing volume in terms of gallons and pounds of liquid in the tank, corresponding to each graduation on the rod or gauge.

(5) Dimensions and material. A gauge rod shall be made of 18-8 stainless steel or of other suitable approved material and design. A gauge rod shall be rectangular in shape and shall be not less than one-fourth ( 1 / 4 ) inch in thickness and not less than three-fourths ( 3 / 4 ) inch in width.

(6) Gauge rod. When properly seated in position, a rod shall not touch the bottom of the tank unless this is required by the design of the supporting elements. The rod shall be graduated throughout an interval corresponding to the gallonage range within which readings of liquid level are to be made. The graduated face of the rod shall have a dull finish.

(7) The maximum swing allowable at the bottom of the gauge rod when in reading position shall not exceed one-half ( 1 / 2 ) inch.

(8) Chart. A chart shall be supplied with each farm milk tank and shall show values at least to the nearest pound for a farm milk tank of all capacities. All letters and figures on a chart shall be distinct and easily readable.

(a) Opposite each increment shall be shown the value of that individual increment in terms of United States avoirdupois weight.

(b) The chart shall bear the name and address of the manufacturer; of the producer; the model and serial number of the farm milk tank for which it is intended; the date of the calibration; the name of the person making calibration and the signature of the commissioner's representative, if any, who witnesses the calibration; a legend stating that the calibration figures are based on 1 / 32 inch increments, if graduations are in inches, or one (1) millimeter, if graduations are in centimeters.

(c) Four (4) copies of each chart shall be furnished, all four (4) copies to be certified by the commissioner's representative, if there be one, witnessing the calibration; one (1) copy to be kept by the dairy; one (1) copy to be kept by the manufacturer; and one (1) by the commissioner's representative who witnessed the calibration, and in the absence of such an official, one (1) copy shall be mailed to the commissioner's representative, Mississippi Department of Agriculture and Commerce, Jackson, Mississippi. One (1) copy is to be given the processor who picks up the milk.

(d) The dairyman's chart shall be laminated and sealed between transparent sheets of waterproof material, after having had the imprint of the seal of the Dairy Division, Mississippi Department of Agriculture and Commerce, imprinted thereon. Where both sides are utilized, both sides shall be shown, and shall be hung or otherwise placed in a conspicuous place in the dairyman's milk house in which the farm milk tank is located.

(e) All printing and/or typing shall be clear and distinct and all calibration figures shall be placed exactly in line with the increments they are intended to represent.
Miss. Code Ann. § 75-27-207 — MS Code / Title 75 / Chapter 12 / Section 27-207
Miss. Code Ann. § 75-27-207
Status: in_force

Whenever the commissioner of agriculture and commerce finds that a weighing device corresponds with the standards in his possession, he shall seal or mark such weighing device with an appropriate label or tag. He shall mark “condemned-not to be used” on incorrect weighing devices, or devices which do not meet the requirements of this article. The owner or user of such latter named devices shall not again use such devices unless, and until, same have been repaired or changed by such owner or user and have been approved by the commissioner of agriculture and commerce or authorized agent and sealed and marked as provided above. Provided, however, no scales shall be condemned where minor adjustments will bring such scales in conformity.
Miss. Code Ann. § 75-23-9 — MS Code / Title 75 / Chapter 12 / Section 23-9
Miss. Code Ann. § 75-23-9
Status: in_force

In all advertisements, offers for sale or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales, involving the giving of any gift or concession of any kind whatsoever (whether it be coupons or otherwise), the wholesaler's or retailer's combined selling price shall not be below the cost to the wholesaler or the cost to the retailer, respectively, of the total of all articles, products, commodities, gifts and concessions included in such transactions, except that if any such articles, products, commodities, gifts or concessions, shall not be cigarettes, the basic cost thereof shall be determined in like manner as provided in subdivision (j) of Section 75-23-5 .
Miss. Code Ann. § 75-49-1 — MS Code / Title 75 / Chapter 12 / Section 49-1
Miss. Code Ann. § 75-49-1
Status: in_force

This chapter shall be known and may be cited as “The Uniform Standards Code for Factory-Built Homes Law.”
Miss. Code Ann. § 75-60-15 — MS Code / Title 75 / Chapter 12 / Section 60-15
Miss. Code Ann. § 75-60-15
Status: in_force

(1) An initial application fee shall accompany each application for certificate of registration, and a renewal fee shall accompany each application for renewal of registration.

(2) If a renewal fee is not paid at least thirty (30) days prior to the expiration of a school's certificate of registration, in addition to the renewal fee, there shall be a delinquent fee collected. No portion of any license fee shall be subject to refund.

(3) A certificate of registration shall be issued or denied within sixty (60) days after receipt of the application by the commission.

(4) No new program of study shall be offered by any school holding a certificate of registration until it is registered with and approved by the commission in accordance with procedures which shall be established by the commission. After such course is registered in accordance with the approval procedures provided for herein, it shall be included as a part of any renewal of a certificate of registration. Each application for the original registration of a new program registration fee to be determined by the commission.

(5) A certificate of registration shall be valid only for the school and courses for which it is issued and shall not include other schools or additional locations of a school unless each such additional location (a) offers only courses which are identical to courses offered at the registered location and (b) is under the same ownership, management and control as that of the registered location except as may be provided otherwise in this section. Such additional locations meeting such requirements shall be identified as “annexes” on a certificate application. Gross tuition revenues for the registered location and all annexes shall be combined for the purpose of determining fees payable under this section.

(6) The fees submitted with applications for initial or renewal of registration are not returnable to the applicant, even though a certificate of registration is not issued, unless the Commission on Proprietary School and College Registration determines that a financial hardship will result.

(7) The amount of fees authorized in this section and in Section 75-60-27 shall be determined by the Mississippi Community College Board after receiving recommendations from the commission.
Miss. Code Ann. § 75-24-311 — MS Code / Title 75 / Chapter 12 / Section 24-311
Miss. Code Ann. § 75-24-311
Status: in_force

(1) Any residential roofing contractor in violation of Sections 75-24-301 through 75-24-311 shall be subject to the civil and criminal penalties and remedies under Sections 75-24-19 , 75-24-20 and 75-24-23 , and may be liable under a private right of action of the consumer.

(2) A violation of Sections 75-24-301 through 75-24-311 by a residential roofing contractor is an unfair and deceptive act or practice as defined by the Mississippi Consumer Protection Law, Section 75-24-1 et seq.

(3) Sections 75-24-301 through 75-24-311 do not prohibit an insured that is harmed by a deceptive trade practice from commencing a civil action against a residential roofing contractor.
Miss. Code Ann. § 75-24-307 — MS Code / Title 75 / Chapter 12 / Section 24-307
Miss. Code Ann. § 75-24-307
Status: in_force

(1) Before signing an insurance benefits residential roof system repair contract with an insured, a residential roofing contractor shall furnish to the insured:

(a) The following statement in at least 12-point boldface type that is attached to the contract:

“You may cancel this insurance benefits residential roof system repair contract at any time within three (3) business days after you have received written notice from your insurance company that all or any part of your claim, or all or part of the services and goods to be provided by this contract, is not a covered loss under your insurance policy. A notice of cancellation form is provided to you with this contract. To cancel this contract under these circumstances, sign and date, and then mail or deliver the attached Notice of Cancellation, or another similar written notice of cancellation, to the contractor within three (3) business days after you have received such written notice from your insurance company. If you cancel, any payments made under this residential roofing system repair contract, except for emergency services and repairs subsequently approved for payment by the insurance company and already performed by the contractor, will be returned to you within ten (10) business days following receipt by the contractor of your cancellation notice.”; and

(b) Duplicate copies of a completed form captioned “NOTICE OF CANCELLATION” that is attached to the contract, is easily detachable, and contains the following in at least 12-point boldface type:

“NOTICE OF CANCELLATION

(Name and address of contractor--to be entered by contractor)

(Date of contract--to be entered by contractor)

(Address of residential real estate to be repaired--to be entered by contractor)

I have been notified by my insurance company that all or any part of my claim, or the services and goods to be provided in the residential roofing system repair contract, is not a covered loss under the insurance policy.

I HEREBY CANCEL THIS TRANSACTION

Please return my prior payments within ten (10) days.

_____________________________________

_____________________________________

INSURED'S SIGNATURE

DATE”

(2)(a) In circumstances in which payment may be made from the proceeds of a property and casualty insurance policy, a residential roofing contractor shall not require any payment from an insured until the three-day cancellation period has expired.

(b) Prior to a contract being executed for repairs made by a residential roofing contractor that are separate or additional to those repairs covered under the policy of insurance, the residential roofing contractor shall include a statement identifying those aspects of the repair or replacement which are separate from or additional to the repair or replacement of the damage to the roof system caused by a covered peril and explaining that payment of those excess or additional items are the insured's responsibility. This subsection does not limit an insured from communicating with the insurer about the estimated replacement cost of the repairs or replacement of the damaged roof system.

(3) Until the claim has been filed by the insured, a residential roofing contractor shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of a roof system. This subsection does not prohibit an insured from including the residential roofing contractor in the insured's communications with the insurer about the damages to the roof system or the estimated replacement cost of the repairs or replacement of the damaged roof system at any point in the process. This subsection does not apply to a public adjuster licensed under Sections 83-17-501 through 83-17-527 .

(4)(a) A residential roofing contractor shall not contract for, agree to, or receive anything of value from an attorney or other person acting in concert with an attorney for referring claims to the attorney or in connection with any claim for which the residential roofing contractor has performed or intends to perform services. A residential roofing contractor may not create a business relationship between an insured and an attorney or obligate an insured to hire a specified attorney.

(b) A residential roofing contractor shall not advertise or otherwise promise or offer to pay, or pay, or rebate all or any portion of an insured's insurance deductible as an inducement to enter into the residential roofing contract.

(5) A post-loss assignment by a named insured of rights or benefits to a residential roofing contractor under a property and casualty insurance policy insuring residential real estate shall authorize a residential roofing contractor only to be named as a co-payee for the payment of benefits under a property and casualty insurance policy covering residential real estate. The assignment shall include all of the following:

(a) An itemized description of the work to be performed;

(b) An itemized description of the materials, labor and fees for the work to be performed;

(c) A total itemized amount to be paid for the work to be performed;

(d) A statement that the residential roofing contractor has made no assurances that the claimed loss will be covered fully by an insurance contract; and

(e) The following notice in capitalized fourteen-point type:

“You are agreeing to give up certain rights you have under your insurance policy. Please read and understand this document before signing. The itemized description of the work to be done shown in this assignment form has not been agreed to by the insurer. The insurer has the right to pay only for the cost to repair or replace damaged property caused by a covered peril.”

(6) A copy of the executed assignment shall be provided to the insurer of the residential real estate no later than five (5) business days after the execution date of the assignment.

(7) The assignment shall not impair the interest of a mortgagee listed on the declarations page of the property and casualty insurance policy that is the subject of the assignment.

(8) An assignment shall not prevent or inhibit an insurer from communication with the named insured or mortgagee listed on the declarations page of the property and casualty insurance policy that is the subject of the assignment.

(9) A residential roofing contractor shall comply with all applicable building codes when replacing, repairing, constructing or reconstructing a roof system.

(10) Pursuant to the terms of the insured's contract, nothing in this section shall be construed to prohibit a residential roofing contractor from:

(a) Providing an insured an estimate for repair, replacement, construction or reconstruction of the insured's property and any such estimate may be submitted to the insured's insurance company;

(b) Conferring with an insurance company's representative about damage to an insured's property; or

(c) Discussing repair or replacement options with an insurance company's representative or the insured about options for the repair or replacement of the damage.
Miss. Code Ann. § 75-40-1 — MS Code / Title 75 / Chapter 12 / Section 40-1
Miss. Code Ann. § 75-40-1
Status: in_force

It shall be unlawful for any person to import or cause to be imported into this state any live skunk, or to sell, barter, exchange or otherwise transfer any live skunk; provided, however, that the provisions of this article shall not apply to bona fide zoos or research institutions. This article shall not be construed to prohibit the sale of live skunks to persons outside the state by a resident of Mississippi who is a skunk farmer approved by the United States Department of Agriculture.
Miss. Code Ann. § 75-35-21 — MS Code / Title 75 / Chapter 12 / Section 35-21
Miss. Code Ann. § 75-35-21
Status: in_force

No person, firm, or corporation shall, with respect to any cattle, sheep, swine, goats, horses, mules, or other equine, or any carcasses, parts of carcasses, meat or meat food products of any such animals:

(a) Slaughter any such animals or prepare any such products which are capable of use as human food, at any establishment preparing such articles, except in compliance with the requirements of this chapter;

(b) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, (i) any such products which (1. ) are capable of use as human food, and (2.) are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (ii) any items required to be inspected under this article unless they have been so inspected and passed;

(c) Do, with respect to any such items which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such items to be adulterated or misbranded;

(d) Slaughter or handle in connection with such slaughter any such animals in any manner not declared to be humane under Section 75-35-8 .
Miss. Code Ann. § 75-45-157 — MS Code / Title 75 / Chapter 12 / Section 45-157
Miss. Code Ann. § 75-45-157
Status: in_force

(1) The commissioner and State Chemist may promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this article and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this article. In the interest of uniformity the commissioner and State Chemist shall adopt by regulation, unless they determine that they are inconsistent with the provisions of this article or are not appropriate to conditions which exist in this state, the following:

(a) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control officials and published in the official publication of that organization; and

(b) Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act ( 21 USCS Section 301 et seq. ); provided, that the commissioner and State Chemist would have the authority under this article to promulgate such regulations.

(2) Before the issuance, amendment, or repeal of any rule or regulation authorized by this article, the commissioner and State Chemist shall publish the proposed rule or regulation, amendment, or notice to repeal an existing rule or regulation in a manner reasonably calculated to give interested parties, including all current registrants, adequate notice and they shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner and State Chemist shall take appropriate action to issue the proposed rule or regulation or to amend or repeal an existing rule or regulation. The provisions of this subsection notwithstanding, if the commissioner and State Chemist pursuant to the authority of this article, adopt the official definitions of feed ingredients or official feed terms as adopted by the Association of American Feed Control officials, or regulations promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, any amendment or modification adopted by said association or by the Secretary of Health and Human Services in the case of regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act, shall be adopted automatically under this article without regard to the publications of the notice required by this subsection, unless the commissioner and State Chemist by order specifically determine that said amendment or modification shall not be adopted.
Miss. Code Ann. § 75-56-19 — MS Code / Title 75 / Chapter 12 / Section 56-19
Miss. Code Ann. § 75-56-19
Status: in_force

It shall be unlawful to:

(a) Distribute any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant which has not been registered in accordance with Section 75-56-9 or whose labeling is different from that accepted for registration, provided that registration is not required for the orderly disposal within a reasonable period of stocks of discontinued brands of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant not adulterated or otherwise misbranded, which were properly registered in the immediately preceding registration period.

(b) Distribute any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant which is adulterated or misbranded.

(c) Refuse to permit entry, inspection or the acquisition of a sample of the antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant as authorized by Section 75-56-15 .

(d) Dispose of any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant that is under “withdrawal from distribution” order in accordance with Section 75-56-21 .

(e) Distribute any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant unless it is in the registrant's or manufacturer's unbroken package or is installed by the seller in the cooling system of the purchaser's vehicle directly from the registrant's or manufacturer's package, and the label on such package, if less than five (5) gallons, or the labeling of such package if five (5) gallons or more, does not bear the information required by Section 75-56-13 ; provided, that the Commissioner of Agriculture and Commerce and the State Chemist may by regulation establish labeling and other reasonable requirements for the sale of a properly registered antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant from a bulk container into a container supplied by or for the purchaser.

(f) Refill any container bearing a registered label, other than a customer's container, without first obtaining permission from the registrant.

(g) Refuse, when requested, to permit a purchaser to see the container from which antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant is drawn for installation into the purchaser's vehicle.

(h) Distribute any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant not in compliance with the Federal Hazardous Substances Act and Poison Prevention Packaging Act and their respective regulations.
Miss. Code Ann. § 75-29-809 — MS Code / Title 75 / Chapter 12 / Section 29-809
Miss. Code Ann. § 75-29-809
Status: in_force

The State Department of Health is authorized and empowered to perform any and all acts necessary to carry out the purposes and requirements of this article.
Miss. Code Ann. § 75-33-39 — MS Code / Title 75 / Chapter 12 / Section 33-39
Miss. Code Ann. § 75-33-39
Status: in_force

(1) The commissioner has the same right of examination, inspection, condemnation and detention of live exotic animals and carcasses, parts of carcasses, meat and meat-food products of exotic animals slaughtered and prepared for shipment in interstate commerce as the commissioner has with respect to exotic animals slaughtered and prepared for shipment in intrastate commerce.

(2) The commissioner has the same right of inspection of establishments in handling exotic animals slaughtered and prepared for shipment in interstate commerce as the commissioner has with respect to establishments handling exotic animals slaughtered and prepared for intrastate commerce.

(3) The record-keeping requirements of Section 75-33-5 that apply to persons slaughtering, preparing, buying, selling, transporting, storing or rendering in intrastate commerce apply to persons performing similar functions with exotic animals in interstate commerce.

(4) The rule-making power of the commissioner relating to animals in intrastate commerce applies to exotic animals in interstate commerce.
Miss. Code Ann. § 75-25-9 — MS Code / Title 75 / Chapter 12 / Section 25-9
Miss. Code Ann. § 75-25-9
Status: in_force

Upon compliance by the applicant with the requirements of this chapter, the secretary shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation, or if a partnership or other entity, the state in which the partnership or other entity is organized and the names of the general partners, owners, and/or managers, as specified by the secretary, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date and the term of the registration.

Any certificate of registration issued by the secretary under the provisions hereof or a copy thereof duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any actions or judicial proceedings in any court of this state.
Miss. Code Ann. § 75-33-29 — MS Code / Title 75 / Chapter 12 / Section 33-29
Miss. Code Ann. § 75-33-29
Status: in_force

It shall be unlawful and a violation of this article for any person, without specific authority in writing from the commissioner:

(a) To make or duplicate or reproduce or use or possess any stamp, mark, tag, certificate, or emblem in imitation of an official state stamp, mark, tag, certificate, or emblem that is used, or that is authorized to be used, by the commissioner for stamping, marking, or otherwise identifying meats, meat-food products and poultry, as having been inspected and passed or otherwise approved as being wholesome and fit for food.

(b) To affix or attach any stamp, brand, emblem, tag, or other marking to any meat, meat-food product or poultry, or to any container or wrapping or covering of any meat-product, meat or poultry, indicating or suggesting that the meat, meat-food product or poultry, was slaughtered, manufactured, or prepared under inspection, unless the stamp, brand, emblem, tag, or other marking shall have been previously approved and the use thereof authorized by the commissioner.
Miss. Code Ann. § 75-43-23 — MS Code / Title 75 / Chapter 12 / Section 43-23
Miss. Code Ann. § 75-43-23
Status: in_force

If, after proper application, the commissioner denies any person, partnership, association or corporation a license to operate a farm warehouse, the commissioner shall transmit immediately to the applicant by certified mail an order so providing, which shall state the reasons for the denial. In the event the applicant is dissatisfied at the decision of the commissioner, the applicant may request a hearing within ninety (90) days with the commissioner, to appear and defend its compliance with all appropriate regulations and/or give evidence that all deficiencies have been corrected. If, after said hearing, the commissioner denies applicant a license, the commissioner shall transmit immediately to applicant by certified mail an order so providing, which shall state the reasons for the denial. In the event the applicant is dissatisfied at the decision of the commissioner after the hearing, the applicant may appeal to the chancery court of the county where the farm warehouse is located, within thirty (30) days of the date of the order, in accordance with the provisions of subsection (2) of Section 75-43-27 .
Miss. Code Ann. § 75-43-29 — MS Code / Title 75 / Chapter 12 / Section 43-29
Miss. Code Ann. § 75-43-29
Status: in_force

(1) Before any person is granted a license pursuant to Section 75-43-3 , such person shall give a bond to the commissioner executed by the farm warehouseman as principal and by a corporate surety licensed to do business in this state as a surety, such bond to be approved by the commissioner of insurance. The bond shall be in favor of the commissioner for the benefit of all persons interested, their legal representatives, attorneys or assigns, conditioned upon the faithful compliance by the farm warehouseman with the provisions of this chapter and the rules and regulations of the state department of agriculture and commerce applicable thereto. The aggregate liability of the surety to all depositors or storers of grain shall not exceed the sum of such bond. The bond may be cancelled at any time by the surety by giving written notice to the commissioner of agriculture and commerce of its intention to cancel the bond, and all liability thereunder shall terminate thirty-five (35) days after the mailing of such notice, except that such notice shall not affect any claims arising under the bond, whether presented or not, before the effective date of the cancellation notice.

(2) In lieu of the bond required in subsection (1) of this section, an applicant for a license may be a self-insurer by posting with the commissioner cash, federal treasury bills, notes, securities or bonds, provided such notes, securities or bonds are secured by the federal government or the State of Mississippi in an amount equivalent to the bond as provided in Section 75-43-31 .
Miss. Code Ann. § 75-12-1 — MS Code / Title 75 / Chapter 12 / Section 12-1
Miss. Code Ann. § 75-12-1
Status: in_force

This chapter may be cited as the Uniform Electronic Transactions Act.
Miss. Code Ann. § 75-43-53 — MS Code / Title 75 / Chapter 12 / Section 43-53
Miss. Code Ann. § 75-43-53
Status: in_force

No inspector or employee of the commissioner's office shall disclose any information obtained by him in the course of his employment related to the affairs or transactions of any farm warehouse without first having obtained the express permission in writing of such farm warehouseman.
Miss. Code Ann. § 75-47-37 — MS Code / Title 75 / Chapter 12 / Section 47-37
Miss. Code Ann. § 75-47-37
Status: in_force

(1) If it shall appear from the examination of any commercial fertilizer that any of the provisions of this chapter or the rules and regulations issued thereunder have been violated, the commissioner shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom said sample was taken; any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the commissioner. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this chapter or rules and regulations issued thereunder have been violated, the commissioner may certify the facts to the proper prosecuting attorney.

(2) Any person convicted of violating any provision of this chapter or the rules and regulations issued thereunder shall be guilty of a misdemeanor and punished accordingly.

(3) Nothing in this chapter shall be construed as requiring the commissioner or his representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when he believes that the public interests will be best served by a suitable notice of warning in writing.

(4) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

(5) The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
Miss. Code Ann. § 75-26-3 — MS Code / Title 75 / Chapter 12 / Section 26-3
Miss. Code Ann. § 75-26-3
Status: in_force

As used in this chapter, unless the context requires otherwise:

(a) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.

(b) “Misappropriation” means:

(i) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(ii) Disclosure or use of a trade secret of another without express or implied consent by a person who:

1. Used improper means to acquire knowledge of the trade secret; or

2. At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

a. Derived from or through a person who had utilized improper means to acquire it;

b. Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

c. Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limits its use; or

3. Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

(c) “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity.

(d) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process, that:

(i) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and

(ii) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Miss. Code Ann. § 75-17-29 — MS Code / Title 75 / Chapter 12 / Section 17-29
Miss. Code Ann. § 75-17-29
Status: in_force

No lender or other person shall use multiple notes, accounts, contracts or agreements with intent to obtain a higher finance charge than permitted by law. If a finance charge be stipulated for or received in any case in violation of this section, all interest and finance charges shall be forfeited.
Miss. Code Ann. § 75-27-23 — MS Code / Title 75 / Chapter 12 / Section 27-23
Miss. Code Ann. § 75-27-23
Status: in_force

When not otherwise provided by law, the director shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale or purchase. It shall be the duty of the director within a twelve-month period, or less frequently if in accordance with a schedule issued by him, and as much oftener as he may deem necessary to inspect and test, to ascertain if they are correct, all weights and measures commercially used (1) in determining the weight, measurement or count of commodities or things sold or purchased, or offered or exposed for sale or purchase, on the basis of weight, measure, or of count, or (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or of count. Provided, that with respect to single-service devices-that is, devices designed to be used commercially only once and to be then discarded-and with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, tests may be made on representative samples of such devices; and the lots of which such samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such samples.

The manufacturer or distributor of any weighing device(s) offered for sale, sold, installed for commercial use or used commercially in this state shall subject such device to type evaluation testing by the National Type Evaluation Program (NTEP), National Institute of Standards and Technology (NIST). Any weighing device not covered by a certificate of conformance from such agency shall not be used commercially in this state.
Miss. Code Ann. § 75-29-25 — MS Code / Title 75 / Chapter 12 / Section 29-25
Miss. Code Ann. § 75-29-25
Status: in_force

Any person or dealer who shall impede, obstruct, hinder, prevent or attempt to prevent a representative of the State Board of Health in the performance of his duties, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or be imprisoned in the county jail not more than ninety (90) days, at the discretion of the court.
Miss. Code Ann. § 75-27-53 — MS Code / Title 75 / Chapter 12 / Section 27-53
Miss. Code Ann. § 75-27-53
Status: in_force

Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in Sections 75-27-5 and 75-27-7 , and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement.
Miss. Code Ann. § 75-44-69 — MS Code / Title 75 / Chapter 12 / Section 44-69
Miss. Code Ann. § 75-44-69
Status: in_force

No inspector or employee of the commissioner's office shall disclose any information obtained by him in the course of his employment related to the affairs or transactions of any grain warehouse without first having obtained the express permission in writing of such grain warehouseman.
Miss. Code Ann. § 75-23-21 — MS Code / Title 75 / Chapter 12 / Section 23-21
Miss. Code Ann. § 75-23-21
Status: in_force

In establishing the basic cost of cigarettes to a wholesaler or a retailer, it shall not be permissible to use the invoice cost or the actual cost of any cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside of the ordinary channels of trade.
Miss. Code Ann. § 75-55-31 — MS Code / Title 75 / Chapter 12 / Section 55-31
Miss. Code Ann. § 75-55-31
Status: in_force

Any person aggrieved by the reasonableness of the limits of tolerance set up by the State Chemist with respect to specifications, or with respect to the method used in, or the accuracy of, any test made by the State Chemist, of any petroleum product, or any substitute therefor, may, within sixty (60) days after such test was made, appeal to the circuit court of any county of this state. The appeal shall be taken by filing with the clerk of the circuit court a declaration stating the test or ruling with respect to which the plaintiff feels aggrieved. In all such cases, it shall be the duty of the Attorney General to defend such appeals.
Miss. Code Ann. § 75-24-165 — MS Code / Title 75 / Chapter 12 / Section 24-165
Miss. Code Ann. § 75-24-165
Status: in_force

A lessor shall provide the consumer a written receipt for any payment made.
Miss. Code Ann. § 75-44-19 — MS Code / Title 75 / Chapter 12 / Section 44-19
Miss. Code Ann. § 75-44-19
Status: in_force

Immediately upon receipt of his license or of any modification or extension thereof, the grain warehouseman shall post same and thereafter keep it posted until suspended or terminated in a conspicuous place in the office of the grain warehouse to which such license applies where receipts issued by such grain warehouseman are delivered to depositors.
Miss. Code Ann. § 75-12-37 — MS Code / Title 75 / Chapter 12 / Section 12-37
Miss. Code Ann. § 75-12-37
Status: in_force

The governmental agency of this state which adopts standards pursuant to Section 75-12-35 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
Miss. Code Ann. § 75-12-19 — MS Code / Title 75 / Chapter 12 / Section 12-19
Miss. Code Ann. § 75-12-19
Status: in_force

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:

(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.

(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:

(A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;

(B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

(C) Has not used or received any benefit or value from the consideration, if any, received from the other person.

(3) If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.

(4) Paragraphs (2) and (3) may not be varied by agreement.
Miss. Code Ann. § 75-27-57 — MS Code / Title 75 / Chapter 12 / Section 27-57
Miss. Code Ann. § 75-27-57
Status: in_force

Any person who shall impersonate in any way the director, the deputy director, or any one of the inspectors, by the use of his seal or a counterfeit of his seal, or in any other manner, shall be guilty of a misdemeanor, and, upon conviction, may be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
Miss. Code Ann. § 75-17-105 — MS Code / Title 75 / Chapter 12 / Section 17-105
Miss. Code Ann. § 75-17-105
Status: in_force

Unless otherwise provided by law, tax anticipation notes and reappraisal notes issued by the State of Mississippi or a county, municipality or political subdivision thereof and described in Sections 19-9-27 , 19-13-17 , 21-33-325 , 21-33-325.1 , 27-39-325 , 37-29-101 , 37-29-267 , 37-29-425 , 37-41-93 , 37-59-37 , 37-59-39 , 37-59-41 , 51-7-15 , 51-7-27 , 51-29-5 and 51-31-73, Mississippi Code of 1972 , shall bear interest at a rate not to exceed eleven percent (11%) per annum.
Miss. Code Ann. § 75-44-67 — MS Code / Title 75 / Chapter 12 / Section 44-67
Miss. Code Ann. § 75-44-67
Status: in_force

Any person operating a grain warehouse who desires to discontinue such operation at the expiration of his license or whose license is suspended, revoked or cancelled by the commissioner or his designated representative shall notify the commissioner and all holders of warehouse receipts and all parties storing grain in the grain warehouse, if known, or if not known, by advertising in the newspaper or newspapers of largest general circulation in the community in which the grain warehouse is located once per week for three (3) consecutive weeks, at least thirty (30) days prior to the date of expiration of his license, of his intention to discontinue the grain warehouse business, and the owners of the grain shall remove, or cause to be removed, their grain from such grain warehouse before the expiration of the license.
Miss. Code Ann. § 75-47-21 — MS Code / Title 75 / Chapter 12 / Section 47-21
Miss. Code Ann. § 75-47-21
Status: in_force

No person shall distribute misbranded fertilizer. A commercial fertilizer shall be deemed to be misbranded:

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

(b) If it is distributed under the name of another fertilizer product.

(c) If it is not labeled as required in Section 75-47-9 and in accordance with regulations prescribed under this chapter.

(d) If it purports to be or is represented as a commercial fertilizer, or is represented as containing a plant nutrient or commercial fertilizer unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulation of the commissioner and state chemist. In the adopting of such regulations, the commissioner and state chemist shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the Association of American Fertilizer Control Officials.
Miss. Code Ann. § 75-51-1 — MS Code / Title 75 / Chapter 12 / Section 51-1
Miss. Code Ann. § 75-51-1
Status: in_force

All water heaters installed in any dwelling or in any other building within the state shall be provided with an approved self-closing (levered) water pressure relief valve and temperature relief valve or combination thereof.

No individual, firm, corporation or business shall install any new automatic hot water tank or heater of one hundred twenty (120) gallon capacity or less without installing thereon a pressure-temperature relief valve so labeled by the manufacturer's identification stamp or cast upon the valve or upon a plate secured to it.

No individual, firm, corporation or business shall install, re-install or re-locate any existing automatic hot water tank or heater of one hundred twenty (120) gallon capacity or less without installing on such tank or heater an approved type water pressure relief valve and temperature relief valve or combination thereof.

No individual, firm, corporation or business shall install, sell or offer for sale any relief valve, whether it be pressure type, temperature type or pressure-temperature type, which does not carry the stamp of approval of the American Society of Mechanical Engineers or the American Gas Association.
Miss. Code Ann. § 75-60-9 — MS Code / Title 75 / Chapter 12 / Section 60-9
Miss. Code Ann. § 75-60-9
Status: in_force

Effective sixty (60) days after the Commission on Proprietary School and College Registration has made public its standards for issuing certificates of registration, no course of instruction shall be established, offered or given, no diploma, degree or other written evidence of proficiency or achievement shall be offered or awarded, and no student enrollment in such course of instruction shall be solicited through advertising, agents, mail circulars, or other means, until the person planning to offer or offering such course of instruction, diplomas or degrees has obtained a certificate of registration from the commission. Notwithstanding the prohibition of this section, classes in progress at the time the commission makes public its standards may continue until completed.
Miss. Code Ann. § 75-13-9 — MS Code / Title 75 / Chapter 12 / Section 13-9
Miss. Code Ann. § 75-13-9
Status: in_force

A party to such execution, who shall pay it, shall, as against any other party to it who is liable to him for the sum paid or any part of it, be entitled to the benefit of all the provisions for sureties in the chapter entitled “Principal and Surety,” being Chapter 5 of Title 87, Mississippi Code of 1972 .
Miss. Code Ann. § 75-33-27 — MS Code / Title 75 / Chapter 12 / Section 33-27
Miss. Code Ann. § 75-33-27
Status: in_force

It is unlawful to give or offer to give, directly or indirectly, to an agent or employee of the commissioner, or to an approved agent, anything of value, monetary or otherwise, with intent to influence such agent or employee in the discharge of his duties under the provisions of this article.
Miss. Code Ann. § 75-23-11 — MS Code / Title 75 / Chapter 12 / Section 23-11
Miss. Code Ann. § 75-23-11
Status: in_force

When one (1) wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in his selling price to the latter “cost to the wholesaler,” as provided by Section 75-23-5 of the Unfair Cigarette Sales Law, but the latter wholesaler, upon resale to a retailer, shall be subject to the provisions of said section.
Miss. Code Ann. § 75-45-193 — MS Code / Title 75 / Chapter 12 / Section 45-193
Miss. Code Ann. § 75-45-193
Status: in_force

The commissioner and state chemist may cooperate with and enter into agreements with governmental agencies of this state, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this article.
Miss. Code Ann. § 75-45-183 — MS Code / Title 75 / Chapter 12 / Section 45-183
Miss. Code Ann. § 75-45-183
Status: in_force

Nothing in this article shall be construed as requiring the commissioner or his representative to: (a) report for prosecution; (b) institute seizure proceedings; (c) issue a withdrawal from distribution order; or (d) hold an administrative hearing as a result of minor violations of this article, or when he believes the public interest will best be served by suitable notice of warning in writing.
Miss. Code Ann. § 75-19-5 — MS Code / Title 75 / Chapter 12 / Section 19-5
Miss. Code Ann. § 75-19-5
Status: in_force

The use of, or a failure to use, a seal or scroll, or other semblance or representation of a seal, by a private person in making an instrument, shall not in any manner affect it, nor in any way vary the rights of the parties to it.
Miss. Code Ann. § 75-44-37 — MS Code / Title 75 / Chapter 12 / Section 44-37
Miss. Code Ann. § 75-44-37
Status: in_force

(1) Every grain warehouseman shall at all times keep the grain stored in the grain warehouse insured by an insurance company authorized to do business in this state. The grain is to be insured for its full market value against loss by fire, inherent explosion, lightning and windstorm, and failure to do so shall make the grain warehouseman liable for the same. All such policies shall provide that no cancellations shall be effective unless thirty (30) days' prior notice is given the commissioner.

(2) If fire, inherent explosion, lightning or windstorm shall destroy or damage all or part of the grain stored in any grain warehouse, the grain warehouseman shall, upon demand by the holder of any warehouse receipt for such grain, and upon being presented with the warehouse receipt, make settlement for the fair market value after deducting the warehouse charges.
Miss. Code Ann. § 75-24-157 — MS Code / Title 75 / Chapter 12 / Section 24-157
Miss. Code Ann. § 75-24-157
Status: in_force

(1) The lessor shall disclose to the consumer the information required by Sections 75-24-151 through 75-24-175 . In a transaction involving more than one lessor, only one (1) lessor need make the disclosures, but all lessors shall be bound by such disclosures.

(2) The disclosures shall be made at or before consummation of the rental-purchase agreement.

(3) The disclosures shall be made clearly and conspicuously in writing and a copy of the rental-purchase agreement provided to the consumer. The disclosures required under Section 75-24-159 shall be made on the face of the contract above the line for the consumer's signature.

(4) If a disclosure becomes inaccurate as the result of any act, occurrence or agreement by the consumer after delivery of the required disclosures, the resulting inaccuracy is not a violation of Sections 75-24-151 through 75-24-175 .
Miss. Code Ann. § 75-29-31 — MS Code / Title 75 / Chapter 12 / Section 29-31
Miss. Code Ann. § 75-29-31
Status: in_force

Nothing in this article shall be construed as requiring the State Board of Health to report for prosecution or for the institution of proceedings under this article minor violations of this article, whenever the board believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
Miss. Code Ann. § 75-58-1 — MS Code / Title 75 / Chapter 12 / Section 58-1
Miss. Code Ann. § 75-58-1
Status: in_force

This chapter shall be known as “The Mississippi Natural Gas Marketing Act.”
Miss. Code Ann. § 75-24-359 — MS Code / Title 75 / Chapter 12 / Section 24-359
Miss. Code Ann. § 75-24-359
Status: repealed

Sections 75-24-351 through 75-24-359, Mississippi Code of 1972 , shall stand repealed on July 1, 2025.
Miss. Code Ann. § 75-47-25 — MS Code / Title 75 / Chapter 12 / Section 47-25
Miss. Code Ann. § 75-47-25
Status: in_force

The commissioner shall publish at least annually and in such forms as he may deem proper: (a) Information concerning the distribution of commercial fertilizers, (b) Results of analyses based on official samples of commercial fertilizers distributed within the state as compared with the analyses guaranteed under Section 75-47-7 and Section 75-47-9 .
Miss. Code Ann. § 75-29-5 — MS Code / Title 75 / Chapter 12 / Section 29-5
Miss. Code Ann. § 75-29-5
Status: in_force

It shall be unlawful for any person, persons, firm or corporation, within this state, to manufacture for sale, produce for sale, knowingly expose for sale, have in his or their possession for sale, or sell any article of food which is adulterated, misbranded or insufficiently labeled within the meaning of this article; and any person, persons, firm or corporation who shall manufacture for sale, produce for sale, expose for sale, have in his or their possession for sale, or sell any article of food which is adulterated, misbranded or insufficiently labeled within the meaning of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or be imprisoned not to exceed ninety (90) days, or both such fine and imprisonment; provided, however, it shall be lawful to sell any article named herein which complies with all federal statutes regulating or governing the manufacture, sale or labeling of such article.
Miss. Code Ann. § 75-27-45 — MS Code / Title 75 / Chapter 12 / Section 27-45
Miss. Code Ann. § 75-27-45
Status: in_force

No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled, as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may have been prescribed for the commodity in question by the director.
Miss. Code Ann. § 75-31-201 — MS Code / Title 75 / Chapter 12 / Section 31-201
Miss. Code Ann. § 75-31-201
Status: in_force

This article shall be known as “The Farm Milk Tank Law of 1958.”
Miss. Code Ann. § 75-53-5 — MS Code / Title 75 / Chapter 12 / Section 53-5
Miss. Code Ann. § 75-53-5
Status: in_force

Every container or receptacle of paint, putty, linseed oil, or other paint oils, turpentine, and varnish sold, exchanged, or offered or kept for sale or exchange, shall bear a label printed in legible type in English stating:

(a) The kind of paint or material in the container, and the name and residence of the manufacturer by whom made and the name and residence of the distributor, person or firm for whom made.

(b) The volume, if sold by volume; and the net weight if sold by weight.

(c) In case of putty and also of paints as defined in Section 75-53-3 , the name and the percentage of each component or constituent, both solid and liquid, and also on a separate place or places on the label the percentage composition of the color or coloring material, or materials, used.

(d) In the case of varnish and colors in varnish, the percentage of rosin, benzine, naphtha, gasoline, mineral oil, or hydrocarbon oil.

(e) In the case of mixed oils, the percentage by volume of each and every oil in the mixture.
Miss. Code Ann. § 75-57-105 — MS Code / Title 75 / Chapter 12 / Section 57-105
Miss. Code Ann. § 75-57-105
Status: in_force

(1) The board shall promulgate and enforce regulations necessary for the administration of this chapter, and also setting forth the minimum general safety standards for the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank trailer and utilizing liquefied compressed gas for fuel purposes and for the odorization of liquefied compressed gas.

(2) The board's regulations shall be in substantial conformity with the published Standards of the National Fire Protection Association for the Storage and Handling of Liquefied Petroleum Gases (NFPA 58) and with the National Fuel Gas Code (NFPA 54) as recommended by the National Fire Protection Association, adopted in accordance with the Mississippi Administrative Procedures Law. The board shall consider the adoption of revised versions of these standards as they are adopted by the National Fire Protection Association; the board may consider the adoption of other standards for matters not addressed by the above standards or amend the above standards if deemed to be in the best interest of the State of Mississippi and with the approval of the Commissioner of Insurance.

(3) The board is authorized to hold hearings, call witnesses, administer oaths, take testimony and obtain evidence in the conduct of its business.
Miss. Code Ann. § 75-19-7 — MS Code / Title 75 / Chapter 12 / Section 19-7
Miss. Code Ann. § 75-19-7
Status: in_force

The bonds of all public officers, and all bonds in any legal proceeding, shall be valid and obligatory on all the signers, without a seal or representation of a seal, in the same manner as if duly sealed.
Miss. Code Ann. § 75-43-33 — MS Code / Title 75 / Chapter 12 / Section 43-33
Miss. Code Ann. § 75-43-33
Status: in_force

If an application is made for an amendment to a license and no bond previously filed by the farm warehouseman under Sections 75-43-29 and 75-43-31 covers obligations arising during the period covered by such amendment, the farm warehouseman shall file with the commissioner an additional bond in such amount as may be determined by the commissioner.
Miss. Code Ann. § 75-55-22 — MS Code / Title 75 / Chapter 12 / Section 55-22
Miss. Code Ann. § 75-55-22
Status: in_force

Any person located in Mississippi, except the holder of a refiner or a processor's permit, who blends or mixes alcohol blended fuel for sale, delivery, exchange or use in Mississippi shall obtain from the commissioner a permit authorizing him to engage in business as a producer of alcohol blended fuel. Each producer of alcohol blended fuel shall have the necessary equipment to insure a complete and homogeneous mixture. The finished product shall meet all of the state's standards and specifications and shall not be transferred, sold, exchanged, delivered, used or disposed of by any other means until approved by the commissioner and the State Chemist.

All alcohol blended fuel transported or imported into the State of Mississippi shall comply with all specifications and standards adopted by this state for such use.

All gasoline, leaded or unleaded, kept, offered, or exposed for sale, or sold, at retail containing one percent (1%) or more by volume of ethanol, methanol or an ethanol/methanol mixture, shall be identified as “with” or “containing” (or similar wording) “ethanol,” “methanol” or “ethanol/methanol” on the upper fifty percent (50%) of the dispenser front panels in a position clear and conspicuous from the driver's position, in a type at least one-half ( 1 / 2 ) inch in height, and one-sixteenth ( 1 / 16 ) inch stroke (width of type). All letters shall be black with a contrasting background.

All distributors, processors, refiners, and any other persons receiving, storing, selling, distributing or transporting gasoline that contains one percent (1%) by volume or more of methanol, ethanol or other alcohol shall identify the type or chemical name and percentage of such alcohol on any invoice, bill of lading, shipping paper or on any other type of documentation which is used in normal and customary practice in the petroleum industry.
Miss. Code Ann. § 75-44-59 — MS Code / Title 75 / Chapter 12 / Section 44-59
Miss. Code Ann. § 75-44-59
Status: in_force

All warehouse receipts issued by a grain warehouse shall be numbered consecutively, and no two (2) receipts bearing the same number shall be issued from the same warehouse during any one (1) year, except in the case of a lost or destroyed receipt.
Miss. Code Ann. § 75-17-23 — MS Code / Title 75 / Chapter 12 / Section 17-23
Miss. Code Ann. § 75-17-23
Status: in_force

Notwithstanding any provision of law to the contrary, the maximum finance charge which may be contracted for or received for any loan or extension of credit made by any lender or by any retail seller in connection with sales of factory manufactured moveable homes may result in a yield not to exceed the following annual percentage rates calculated according to the actuarial method:

(a) Twenty-five percent (25%) per annum on that part of the unpaid balance of the amount financed which does not exceed One Thousand Dollars ($1,000.00);

(b) Eighteen percent (18%) per annum on that part of the unpaid balance of the amount financed which is more than One Thousand Dollars ($1,000.00) but does not exceed Two Thousand Five Hundred Dollars ($2,500.00);

(c) The greater of fifteen percent (15%) per annum or five percent (5%) per annum above the discount rate, excluding any surcharge thereon, on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the lender or retail seller is located, on that part of the unpaid balance of the amount financed which is more than Two Thousand Five Hundred Dollars ($2,500.00).
Miss. Code Ann. § 75-24-101 — MS Code / Title 75 / Chapter 12 / Section 24-101
Miss. Code Ann. § 75-24-101
Status: in_force

(1) No sweepstakes, lodging, certificate, gift, award, premium, discount, drawing, prize or display may be utilized as a promotional device for any interest in real property by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, right-to-use agreement, or by any other means, without a disclosure:

(a) That the promotional device is being used for the purposes of soliciting sales of interests in real property;

(b) That the promotional device is being used to obtain the names and addresses of prospective purchasers and that any names and addresses acquired may be used for the purpose of soliciting sales of interests in real property;

(c) Of the name and address of each time-sharing plan or business entity participating in the program;

(d) Of the day and year when all prizes are to be awarded;

(e) Of the method by which all prizes are to be awarded; and

(f) Of the approximate value of each prize or gift that is to be awarded.

(2) Any person, corporation or association that knowingly and willfully violates the provisions of subsection (1) of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not exceeding One Thousand Dollars ($1,000.00) per violation.

(3) Any violation of subsection (1) of this section shall be considered an unfair or deceptive act in the conduct of trade or commerce and shall be subject to the rights and remedies as provided for by Chapter 24, Title 75, Mississippi Code of 1972 .
Miss. Code Ann. § 75-12-11 — MS Code / Title 75 / Chapter 12 / Section 12-11
Miss. Code Ann. § 75-12-11
Status: in_force

This chapter must be construed and applied:

(1) To facilitate electronic transactions consistent with other applicable law;

(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

(3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Miss. Code Ann. § 75-23-51 — MS Code / Title 75 / Chapter 12 / Section 23-51
Miss. Code Ann. § 75-23-51
Status: in_force

It is hereby declared to be the legislative intent to encourage fair and honest competition; and to provide the retail merchants of this state with a freedom of choice concerning those books, pamphlets, magazines, periodicals, newspapers, picture magazines, comic books, story papers, and/or similar printed or written matters or materials which they might desire to offer for sale within their individual establishments; and to safeguard the public from exposure to printed or written materials or matters which appeal to the prurient interest, and concerning which the retail merchants of this state, or any one or more of them, might not desire to voluntarily offer for sale within their individual establishments.
Miss. Code Ann. § 75-45-185 — MS Code / Title 75 / Chapter 12 / Section 45-185
Miss. Code Ann. § 75-45-185
Status: in_force

It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Miss. Code Ann. § 75-57-109 — MS Code / Title 75 / Chapter 12 / Section 57-109
Miss. Code Ann. § 75-57-109
Status: in_force

(1) The board may establish by regulation a system of permits for those engaged in the liquefied compressed gas business in the state. If adopted, and approved by the Commissioner of Insurance, no one may engage in the liquefied compressed gas business without first having obtained a permit from the board. No person shall be denied a permit if he or she meets the requirements of state law.

(2) The board may revoke a liquefied compressed gas permit for willful violation of this chapter or the regulations or for failure to comply with the chapter or regulations. The revocation may be made only after written notice to the affected party, an opportunity to respond in writing to the charges and a hearing before the board under the provisions of the Administrative Procedures Act. The revocation shall be subject to the approval of the Commissioner of Insurance.

(3) The board may establish reasonable bonding, insurance limits and personnel training qualifications for permit holders. These requirements are subject to approval of the Commissioner of Insurance.
Miss. Code Ann. § 75-15-23 — MS Code / Title 75 / Chapter 12 / Section 15-23
Miss. Code Ann. § 75-15-23
Status: in_force

Each licensee shall be liable for the payment of all money transmissions and for all checks that the licensee sells, in whatever form and whether directly or through an agent, as the maker or drawer thereof according to the negotiable instrument laws of this state, and shall be responsible only for those acts of the agent done on behalf of the licensee. Every check sold by a licensee directly or through an agent shall bear the name of the licensee clearly imprinted thereon. During the period of time that a person is an appointed agent for a licensee, the agent shall not directly or indirectly conduct his own money transmission business and the agent shall not be, continue to be, or become an officer, director, stockholder, employee, or agent of any other licensee under this chapter. When a person ceases to be an agent of a licensee, he shall immediately cease displaying his agent's appointment certificate, as provided under Section 75-15-17 of this chapter and shall immediately surrender same to the licensee.
Miss. Code Ann. § 75-57-101 — MS Code / Title 75 / Chapter 12 / Section 57-101
Miss. Code Ann. § 75-57-101
Status: in_force

(1) The State Liquefied Compressed Gas Board is hereby created and is vested with the power to regulate matters pertaining to liquefied compressed gas. All regulations by and actions of the board are subject to the approval of the commissioner. The board shall not exercise administrative and enforcement duties. The Commissioner of Insurance shall retain all administrative and enforcement duties related to liquefied compressed gas. The board is established within the Department of Insurance and shall consist of seven (7) members appointed by the Commissioner of Insurance as follows:

(a) Five (5) members, one (1) from each of the congressional districts, to be selected from a list of at least ten (10) individuals who are in the liquefied compressed gas industry doing business in the State of Mississippi; the list shall be submitted, within ten (10) days of July 1, 1995, by licensed liquefied compressed gas distributors doing business in the state.

(b) Two (2) members from the state at large who have a rational relationship to the liquefied compressed gas industry.

(c) At least three (3) members of the board must be dealers who sell less than two million five hundred thousand (2,500,000) gallons of propane per year.

(d) No two (2) members may be selected from the same company.

(e) The members of the board as constituted on January 1, 2004, whose terms have not expired shall continue to serve until the expiration of their respective terms. As the terms of the members expire, the members shall be appointed as follows: one (1) member from each of the four (4) Mississippi congressional districts and three (3) members from the state at large. The appointments shall be made in the same manner and with the same qualifications and restrictions as provided in this subsection (1).

(2)(a) The initial appointments to the board from the congressional districts shall be made as follows: One (1) member of the board shall be appointed for a term ending on June 30, 1996; one (1) for a term ending on June 30, 1997; one (1) for a term ending on June 30, 1998; one (1) for a term ending on June 30, 1999; and one (1) for a term ending June 30, 2000. After the expiration of such initial terms, all subsequent appointments shall be made in the same manner as the original appointments were made for terms of five (5) years.

(b) The three (3) members from the state at large shall serve for terms concurrent with the term of the Commissioner of Insurance.

(c) An appointment to fill a vacancy, other than by expiration of a term of office, shall be made by the Commissioner of Insurance for the balance of the unexpired term.

(3) There shall be a chairman of the board elected by and from the membership of the board.

(4) Board members shall receive per diem compensation according to Section 25-3-69 and be reimbursed for travel expenses as provided in Section 25-3-41(1) . The board members shall not be compensated for more than twelve (12) meetings per year held at a site within the state selected by the board. Any member who fails to attend three (3) consecutive called meetings of the board may be removed by the Commissioner of Insurance.