Miss. Code Ann. § 75-60-4 — MS Code / Title 75 / Chapter 12 / Section 60-4
Miss. Code Ann. § 75-60-4
Status: in_force

(1) The Mississippi Community College Board shall appoint a “Commission on Proprietary School and College Registration” to be composed of five (5) qualified members, one (1) appointed from each of the five (5) Mississippi congressional districts existing on January 1, 1992. The membership of said commission shall be composed of persons who have held a teaching, managerial or other similar position with any public, private, trade, technical or other school; provided, however, that one (1) member of the commission shall be actively engaged in, or retired from, teaching, managerial or other similar position with a privately owned trade, technical or other school. The membership of said commission shall be appointed by the board within ninety (90) days of the passage of this chapter. In making the first appointments, two (2) members shall be appointed for three (3) years, two (2) members for four (4) years, and one (1) member for five (5) years. Thereafter, all members shall be appointed for a term of five (5) years. If one (1) of the members appointed by the board resigns or is otherwise unable to serve, a new member shall be appointed by the commission to fill the unexpired term. All five (5) members of the commission have full voting rights. The members shall not be paid for their services, but may be compensated for the expenses necessarily incurred in the attendance at meetings or in performing other services for the commission at a rate prescribed under Section 25-3-69, Mississippi Code of 1972 , plus actual expenses and mileage as provided by Section 25-3-41, Mississippi Code of 1972 . Members of the commission shall annually elect a chairman from among its members who is not actively engaged with a privately owned trade or technical school.

(2) The Mississippi Community College Board shall appoint such staff as may be required for the performance of the commission's duties and provide necessary facilities.

(3) The Mississippi Community College Board shall levy fees authorized in this chapter only in such amounts as may be required for the performance of the commission's duties.

(4) In addition to the fees authorized in this chapter, the Mississippi Community College Board is authorized to levy and collect fees from proprietary schools and colleges to recover the cost of audits, investigations and hearings relating to such institutions.

(5) It shall be the purpose of the Commission on Proprietary School and College Registration to establish and implement the registration program as provided in this chapter. All controversies involving the registration of such schools shall be initially heard by a duly authorized hearing officer of the commission before whom a complete record shall be made. After the conclusion of the hearing, the duly authorized hearing officer of the commission shall make a recommendation to the commission as to the resolution of the controversies, and the commission, after considering the transcribed record and the recommendation of its hearing officer, shall make its decision which becomes final unless the school or college or other person involved shall appeal to the Mississippi Community College Board, which appeal shall be on the record previously made before the commission's hearing officer except as may be provided by rules and regulations adopted by the Mississippi Community College Board. All appeals from the Mississippi Community College Board shall be on the record and shall be filed in the Chancery Court of the First Judicial District of Hinds County, Mississippi.
Miss. Code Ann. § 75-24-3 — MS Code / Title 75 / Chapter 12 / Section 24-3
Miss. Code Ann. § 75-24-3
Status: in_force

As used in this chapter:

(a) “Person” means natural persons, corporations, trusts, partnerships, incorporated and unincorporated associations, and any other legal entity.

(b) “Trade” and “commerce” mean the advertising, offering for sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situated, and shall include without limitation, both domestic and foreign persons, irrespective of their having qualified to do business within the state and any trade or commerce directly or indirectly affecting the people of this state.

(c) It is the intent of the Legislature that in construing what constitutes unfair or deceptive trade practices that the courts will be guided by the interpretations given by the Federal Trade Commission and the federal courts to Section 5(a)(1) of the Federal Trade Commission Act ( 15 USCS 45(a)(1) ) as from time to time amended.
Miss. Code Ann. § 75-53-1 — MS Code / Title 75 / Chapter 12 / Section 53-1
Miss. Code Ann. § 75-53-1
Status: in_force

It shall be unlawful for any person, firm or corporation within this state to manufacture for sale, sell, or exchange, or to offer or to keep for sale or exchange any paint, putty, linseed oil or other paint oils, turpentine or varnish that is not labeled in accordance with the provisions of this chapter, or which is adulterated or misbranded or insufficiently labeled or branded. Any person, firm, or corporation violating any provision hereof shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars ($25.00), and not more than one hundred dollars ($100.00) for the first offense, and not less than fifty dollars ($50.00) and not more than two hundred dollars ($200.00) for each subsequent offense.
Miss. Code Ann. § 75-12-31 — MS Code / Title 75 / Chapter 12 / Section 12-31
Miss. Code Ann. § 75-12-31
Status: in_force

(a) In this section, “ transferable record ” means an electronic record that:

(1) Would be a note under Article 3 of the Uniform Commercial Code ( Section 75-3-101 et. seq. ) or a document under Article 7 of the Uniform Commercial Code ( Section 75-7-101 et. seq. ) if the electronic record were in writing; and

(2) The issuer of the electronic record expressly has agreed is a transferable record.

(b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

(c) A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:

(1) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5) and (6), unalterable;

(2) The authoritative copy identifies the person asserting control as:

(A) The person to which the transferable record was issued; or

(B) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

(3) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

(4) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

(5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

(6) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

(d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in Section 75-1-201(b)(21), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under Section 75-3-302(a) , 75-7-501 or 75-9-308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession and endorsement are not required to obtain or exercise any of the rights under this subsection.

(e) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.

(f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
Miss. Code Ann. § 75-24-353 — MS Code / Title 75 / Chapter 12 / Section 24-353
Miss. Code Ann. § 75-24-353
Status: in_force

(1) It is a violation of Sections 75-24-351 through 75-24-357 for a person, in connection with the assertion of a United States patent, to send, or cause any person to send, any written or electronic communication that states that the intended recipient or any affiliated person is infringing or has infringed a patent and bears liability or owes compensation to another person if:

(a) The communication threatens litigation if compensation is not paid or the infringement issue is not otherwise resolved and there is a consistent pattern of such threats having been issued and no litigation having been filed;

(b) The communication falsely states that litigation has been filed against the intended recipient or any affiliated person; or

(c) The assertions contained in the communication lack a reasonable basis in fact or law because:

(i) The person asserting the patent is not a person, or does not represent a person, with the current right to license the patent to, or to enforce the patent against, the intended recipient or any affiliated person;

(ii) The communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final, unappealable or unappealed judicial or administrative decision;

(iii) The communication seeks compensation on account of activities undertaken after the patent has expired; or

(iv) The content of the communication fails to include the information necessary to inform an intended recipient or any affiliated person about the patent assertion by failing to include any one of the following:

1. The identity of the person asserting a right to license the patent to or enforce the patent against the intended recipient or any affiliated person;

2. The patent number issued by the United States Patent and Trademark Office alleged to have been infringed; or

3. The factual allegations concerning the specific areas in which the intended recipient or affiliated person's products, services, or technology infringed the patent or are covered by the claims in the patent.

(2) It is not a violation of Sections 75-24-351 through 75-24-357 for any person who owns or has the right to license or enforce a patent to:

(a) Advise others of that ownership or right of license or enforcement;

(b) Communicate to others that a patent is available for license or sale;

(c) Notify another of the infringement of the patent; or

(d) Seek compensation on account of past or present infringement, or for a license to the patent, if the person is not acting in bad faith.

(3) The provisions of Sections 75-24-351 through 75-24-357 shall not apply to any written or electronic communication sent by:

(a) Any owner of a patent who is using the patent in connection with substantial research, development, production, manufacturing, processing or delivery of products or materials;

(b) A state institution of higher learning;

(c) An agency of the State of Mississippi;

(d) A technology transfer organization that is owned by or has a written affiliation agreement with a state institution of higher learning or an agency of the State of Mississippi, or is formed pursuant to Section 37-147-1 et seq. ;

(e) Any person that has licensed patent rights from a state institution of higher learning, an agency of the State of Mississippi, or a technology transfer organization that is owned by or has a written affiliation agreement, a state institution of higher learning or an agency of the State of Mississippi, or is formed pursuant to Section 37-147-1 et seq. , provided that the ownership of the patent rights remains with the state institution of higher learning, the agency of the State of Mississippi, or the technology transfer organization that is owned by or has a written affiliation agreement with a state institution of higher learning or an agency of the State of Mississippi, or is formed pursuant to Section 37-147-1 et seq. ; or

(f) Any person seeking a claim for relief arising under 35 USC Section 271(e)(2) or 42 USC Section 262s .
Miss. Code Ann. § 75-27-9 — MS Code / Title 75 / Chapter 12 / Section 27-9
Miss. Code Ann. § 75-27-9
Status: in_force

Such weights and measures in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by the state for use as state standards shall, when the same shall have been certified as being satisfactory for use as such by the National Bureau of Standards, be the state standards of weight and measure. The state standards shall be kept in a safe and suitable place in the office or laboratory of the state division of weights and measures, they shall not be removed from the said office or laboratory except for repairs or for certification, and they shall be submitted at least once in ten (10) years to the National Bureau of Standards for certification. The state standards shall be used only in verifying the office standards and for scientific purposes.
Miss. Code Ann. § 75-45-179 — MS Code / Title 75 / Chapter 12 / Section 45-179
Miss. Code Ann. § 75-45-179
Status: in_force

The following acts and the causing thereof within the State of Mississippi are hereby prohibited:

(a) The manufacture or distribution of any commercial feed that is adulterated or misbranded.

(b) The adulteration or misbranding of any commercial feed.

(c) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks and hulls, which are adulterated within the meaning of paragraph (a) of Section 75-45-165 .

(d) The removal or disposal of a commercial feed in violation of an order under Section 75-45-175 or 75-45-177 .

(e) The failure or refusal to register in accordance with Section 75-45-159 .

(f) The violation of Section 75-45-191 .

(g) Failure to pay inspection fees and file reports as required by Sections 75-45-167 and 75-45-169 .

(h) Failure to pay penalties assessed under Section 75-45-181 or any rules or regulations issued thereunder.
Miss. Code Ann. § 75-47-3 — MS Code / Title 75 / Chapter 12 / Section 47-3
Miss. Code Ann. § 75-47-3
Status: in_force

This chapter shall be administered jointly by the commissioner of agriculture and commerce of the State of Mississippi, hereinafter referred to as the commissioner, and the state chemist of Mississippi, as specified in the following sections.
Miss. Code Ann. § 75-39-13 — MS Code / Title 75 / Chapter 12 / Section 39-13
Miss. Code Ann. § 75-39-13
Status: in_force

Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding one hundred dollars ($100.00).
Miss. Code Ann. § 75-26-13 — MS Code / Title 75 / Chapter 12 / Section 26-13
Miss. Code Ann. § 75-26-13
Status: in_force

An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
Miss. Code Ann. § 75-31-219 — MS Code / Title 75 / Chapter 12 / Section 31-219
Miss. Code Ann. § 75-31-219
Status: in_force

(1) Farm milk tanks and farm milk tank installations shall in every instance meet the State of Mississippi specifications and tolerances, as provided in this article, and conform with the rules and regulations of the commissioner of agriculture and commerce, as provided herein.

(2) Farm milk tanks with adjustable legs. Adjustable legs shall be flat across the bottom and shall have permanently attached thereto a metal plate four (4) inches square by at least 1 / 4 inch in thickness, or in lieu thereof, a metal flange of comparable dimensions permanently affixed to the bottom of the legs.

(3) Milk house floor. If the concrete floor of the dairyman's milk house is less than four (4) inches thick or is in poor condition, a concrete pier shall be provided for each leg of the farm milk tank.

(4) Concrete piers. Concrete piers shall not be less than six (6) inches by six (6) inches across the top and shall taper to not less than twelve (12) inches by twelve (12) inches across the bottom and shall not be less than eighteen (18) inches in depth. The top of each pier shall extend only to a point approximately two (2) inches below the surface of the milk house floor; in locations where the weather is very cold, all piers must go below the “frost line” for their foundations.

(5) All farm milk tanks shall be filled to capacity during leveling operations and shall be completely filled prior to the calibration thereof, for the purpose of setting the tank to a permanent position.
Miss. Code Ann. § 75-43-1 — MS Code / Title 75 / Chapter 12 / Section 43-1
Miss. Code Ann. § 75-43-1
Status: in_force

Any landowner, tenant or manager of any lands in this state may store his own grain in a farm warehouse built and situated on such land and receive a warehouse receipt for the same by complying with the provisions of this chapter. Nothing in this chapter shall require any person who does not desire to receive a warehouse receipt for storage of his grain in his warehouse to obtain a license pursuant to this chapter or otherwise to comply with this chapter.

This chapter shall not apply to public grain warehouses, which shall be governed by Sections 75-44-1 et seq.

The provisions of this chapter shall apply to all farm warehouses, as defined by this chapter, and to the operations of all such warehouses.
Miss. Code Ann. § 75-55-9 — MS Code / Title 75 / Chapter 12 / Section 55-9
Miss. Code Ann. § 75-55-9
Status: in_force

Any person selling at retail gasoline, alcohol blended fuel, diesel fuel or kerosene, as defined in this chapter, shall at all times display signs as herein defined:

(a) All pumps and dispensing equipment for gasoline, alcohol blended fuel, diesel fuel or kerosene shall be marked conspicuously to show the total price per gallon of gasoline, alcohol blended fuel, diesel fuel or kerosene offered for sale, in figures of equal size and where fractional cents or figures are used therein, the combined height and width of the numerator and denominator shall be equal to the height and width of the other figures used. Provided, however, that any sign provided by the manufacturer of the retail pump or dispensing equipment which shows the total price per gallon and is part of the computing mechanism of such pumps and dispensing equipment shall be considered as being in compliance with this subsection.

(b) All signs placed on the premises of any service station and any highway, road, street or alley leading thereto advertising the price per gallon of gasoline, alcohol blended fuel, diesel fuel or kerosene offered for sale, shall show the registered brand name and total price in figures of equal size, and where fractional figures are used therein, the width of the numerator and denominator of the fraction shall be equal to one-third ( 1 / 3 ) of the width of the other figures, but the combined height of the numerator and denominator shall be the same as that of the other figures. Where a decimal is used, then the fraction shall be at least one-half ( 1 / 2 ) the height of the other figures used in the sign, and the fraction shall be at least one-third ( 1 / 3 ) of the width of the other figures used in the sign. All figures and fractional figures shall be painted the same color as the other figures used in the sign. The total price per gallon on signs located on all premises of any service station and on highways, roads, streets or alleys leading to the service station shall be in agreement as to the total price per gallon shown on the retail pump dispensing the same brand of gasoline, alcohol blended fuel, diesel fuel or kerosene as that being so advertised. All signs advertising the price per gallon of gasoline, alcohol blended fuel, diesel fuel or kerosene offered for sale through self-service operated pumps at retail service stations shall clearly indicate that the posted price per gallon and brand is offered for sale through self-service pumps.

(c) Containers of gasoline below fifty (50) gallons capacity, or any product flashing below one hundred (100) degrees Fahrenheit, shall be painted red; provided that containers, not of metal and of a capacity of one (1) gallon or less, may carry a red label designating the product.

(d) All filler pipes for petroleum bulk storage tanks and retail station storage tanks shall be identified by painting a sign on the intake pipe cap or within six (6) inches thereof in lettering not less than two (2) inches in height and not less than one-fourth ( 1 / 4 ) inch in width the following: for premium gasoline or alcohol blended fuel, the letter “P”; for regular leaded grade gasoline or alcohol blended fuel, the letter “R”; for third grade gasoline, the letters “3G”; for unleaded gasoline or alcohol blended fuel, the letters “UG”; for diesel fuel, the letter “D”; for kerosene, the letter “K”; for lubricating oil, the letters “LO”; for tractor fuel, the letters “TF”; the letter “S” for solvent; the letter “N” for naphtha; and for any other petroleum product classified as an oil not specifically specified in this subsection, the word “oil.” In addition to existing requirements, all filler pipes for bulk and retail station tanks used for the storage of nonleaded gasoline shall be further identified as follows: for nonleaded premium gasoline, the letters “NLP”; and for nonleaded regular grade gasoline, the letters “NLR”. Such lettering shall be painted on the intake pipe cap or within six (6) inches thereof, and shall be not less than two (2) inches in height and not less than one-fourth ( 1 / 4 ) inch in width. Nothing in this subsection shall apply to bulk storage tanks located at marine or pipeline terminals, nor bulk storage tanks used for the storage of liquefied compressed gas, nor prohibit “color coding” in addition to the lettering, where desired.
Miss. Code Ann. § 75-44-55 — MS Code / Title 75 / Chapter 12 / Section 44-55
Miss. Code Ann. § 75-44-55
Status: in_force

If a grain warehouseman delivers only a part of a lot of grain for which he has issued a negotiable receipt under this chapter, he shall take up and cancel such receipt and issue a new receipt in accordance with the provisions of Sections 75-44-49 through 75-44-65 for the undelivered portion of grain.
Miss. Code Ann. § 75-57-63 — MS Code / Title 75 / Chapter 12 / Section 57-63
Miss. Code Ann. § 75-57-63
Status: in_force

Any corporation, domestic or foreign, or any individual, partnership or association of persons whatsoever who with intent to engross or forestall or impede the competitive sale of or monopolize the sale of liquefied petroleum gases or liquefied petroleum gas consumer appliances in the State of Mississippi or in any community in the State of Mississippi, or, without such intent, either directly or indirectly accomplishes such result to a degree inimical to public welfare by purchasing or offering to purchase the equipment or installation of any consumer and obtaining the exclusive right to serve or make sales to said consumer, shall be deemed and held a trust and combine within the meaning and purpose of Section 75-21-3 and shall be liable to the pains, penalties, fines, forfeitures, judgments and recoveries denounced against trusts and combines and shall be proceeded against in the manner and form provided as in the case of other trusts and combines under the terms of Chapter 21 of Title 75.
Miss. Code Ann. § 75-57-3 — MS Code / Title 75 / Chapter 12 / Section 57-3
Miss. Code Ann. § 75-57-3
Status: in_force

The Commissioner of Insurance is vested with the sole and exclusive power and authority and is charged with the duty of administering this chapter, and the State Liquefied Compressed Gas Board shall have the authority to establish and enforce reasonable rules and regulations, not inconsistent with the provisions hereof, for the purpose of carrying out the provisions of this chapter. For the purpose of administering the provisions hereof, the Commissioner of Insurance is empowered to employ such field inspectors as are necessary to the proper discharge of his duties under this chapter. The Commissioner of Insurance and his agents and employees shall have full access, ingress and egress, at all reasonable hours, to any of the premises or buildings where liquefied compressed gases may be received, stored, transported, sold, offered or exposed for sale, manufactured, refined, distilled, compounded or blended. The Commissioner of Insurance and his agents and employees shall have the right to check and inspect any liquefied compressed gas container, system, pump, equipment, tank car, storage tank, or vehicle in which any liquefied compressed gas is present, or it has reason to believe it present, and the Commissioner of Insurance and his agents and employees shall have the authority to take therefrom samples not exceeding one (1) gallon for analysis. The Commissioner of Insurance and his agents and employees shall have full authority to inspect any vehicle, equipment or system where it has reason to believe that the vehicle, equipment or system operates by the use of, or is equipped to operate by the use of, liquefied compressed gases.
Miss. Code Ann. § 75-60-13 — MS Code / Title 75 / Chapter 12 / Section 60-13
Miss. Code Ann. § 75-60-13
Status: in_force

Notwithstanding the requirements of this chapter for issuance of certificates of registration, the Commission on Proprietary School and College Registration may, in accordance with regulations adopted by the commission, grant certificates of registration to schools, colleges, institutes or universities that have been approved by the State Board of Education pursuant to the “Act of March 3, 1966,” 80 Stat. 20, 38 U.S.C.A. 1771 .
Miss. Code Ann. § 75-53-15 — MS Code / Title 75 / Chapter 12 / Section 53-15
Miss. Code Ann. § 75-53-15
Status: in_force

When it shall appear from an examination or analysis that a specimen or sample of paint, putty, linseed oil or other paint oils, turpentine, or varnish is misbranded, or insufficiently branded or labeled or adulterated, the state chemist shall give notice thereof to the person or firm from whom such specimen was obtained, and such person or firm shall have an opportunity to be heard. If it should then appear that any of the provisions hereof have been violated, the state chemist shall certify the facts to the proper district attorney, together with a copy of the results of the examination or analysis duly authenticated by the chemist or officer making the examination or analysis, and the certificate of analysis or examination of such chemist or officer, when duly sworn to, shall be prima facie evidence of the facts therein certified.
Miss. Code Ann. § 75-24-7 — MS Code / Title 75 / Chapter 12 / Section 24-7
Miss. Code Ann. § 75-24-7
Status: in_force

Nothing in this chapter shall apply to acts done by:

(a) The publisher, owner, agent or employee of a newspaper, periodical, printing shop, directory or radio or television station in the publication or dissemination of an advertisement, when the owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement and did not have a direct financial interest in the sale or distribution of the advertised product or service.

(b) Any officer acting under the orders of any court.
Miss. Code Ann. § 75-25-21 — MS Code / Title 75 / Chapter 12 / Section 25-21
Miss. Code Ann. § 75-25-21
Status: in_force

Any person who shall for himself or herself, or on behalf of any other persons, procure the filing or registration of any mark in the office of the secretary under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
Miss. Code Ann. § 75-13-3 — MS Code / Title 75 / Chapter 12 / Section 13-3
Miss. Code Ann. § 75-13-3
Status: in_force

An action shall not be maintained on a bill of exchange or promissory note which has been indorsed against any one secondarily liable thereon, without joining in the action all persons residing in this state who are liable before such person on the bill or note. The action shall be brought in the county where the party, or some one who is at first liable on said bill or note, shall reside. The clerk shall issue duplicate writs to the several counties for the various defendants.
Miss. Code Ann. § 75-43-51 — MS Code / Title 75 / Chapter 12 / Section 43-51
Miss. Code Ann. § 75-43-51
Status: in_force

Any person operating a farm 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, if known, or if not know, by advertising in the newspaper or newspapers of largest general circulation in the community in which the farm 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 farm warehouse business, and the owners of the grain shall remove, or cause to be removed, their grain from such farm warehouse before the expiration of the license.
Miss. Code Ann. § 75-21-23 — MS Code / Title 75 / Chapter 12 / Section 21-23
Miss. Code Ann. § 75-21-23
Status: in_force

Criminal prosecutions, under the antitrust laws of this state, may be instituted and conducted to final judgment against any one or more of any number of corporations or individuals, or both in any county in which a violation of said laws has been committed by them or in any county in which they formed a trust and combine, or in which such trust and combine, though formed elsewhere, is by them, or any of them, carried on, promoted, employed, operated, used or enjoyed.
Miss. Code Ann. § 75-24-173 — MS Code / Title 75 / Chapter 12 / Section 24-173
Miss. Code Ann. § 75-24-173
Status: in_force

(1) If a lessor establishes by a preponderance of evidence that a violation of Sections 75-24-151 through 75-24-175 was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, no penalty as specified in Section 75-24-171 may be imposed and validity of the transaction is not affected. Examples of bona fide errors are clerical errors, calculation errors, errors due to unintentionally improper computer programming or data entry and printing errors but do not include an error of legal judgment with respect to a lessor's obligations under Sections 75-24-151 through 75-24-175 .

(2) A lessor has no liability under this section for any failure to comply with any requirement imposed under Sections 75-24-151 through 75-24-175 if within sixty (60) days after discovering an error, and prior to the institution of an action under Sections 75-24-151 through 75-24-175 or the receipt of written notice of the error from the consumer, the lessor notifies the consumer of the error and makes whatever adjustments in the appropriate account as are necessary to correct the error.
Miss. Code Ann. § 75-49-21 — MS Code / Title 75 / Chapter 12 / Section 49-21
Miss. Code Ann. § 75-49-21
Status: in_force

The board of supervisors of any county may charge a permit fee not to exceed Fifty Dollars ($50.00) to the owner of any manufactured or mobile home, as defined in this chapter, if the county performs installation inspections; however, the board of supervisors of any county having a population of more than seventy-five thousand (75,000), according, to the most recent federal decennial census, may charge a permit fee not to exceed One Hundred Dollars ($100.00). The county may require the permit fee to be paid before a manufactured or mobile home is set up within the boundaries of the county and the fee shall cover all the costs of the inspection of the manufactured or mobile home relating to installation, blocking, anchoring and tie-down and safety standards of manufactured or mobile homes.
Miss. Code Ann. § 75-60-18 — MS Code / Title 75 / Chapter 12 / Section 60-18
Miss. Code Ann. § 75-60-18
Status: in_force

When refunds are due, they shall be made within thirty (30) days of the last day of attendance if written notification of withdrawal has been provided to the institution by the student. All refunds shall be made without requiring a request from the student and within thirty (30) days from the date that the institution terminates the student or determines withdrawal by the student based on last day of attendance. In any event, all refunds shall be made within sixty (60) days of the student's last day of attendance. Any unused portion of fees and other institutional charges shall be refunded as follows:

(a) Refunds for Classes Cancelled by the Institution. If tuition and fees are collected in advance of the starting date of a program and the institution cancels the class, one hundred percent (100%) of the tuition and fees collected shall be refunded. The refund shall be made within thirty (30) days of the planned starting date.

(b) Refunds for Students Who Withdraw on or Before the First Day of Class. If tuition processing fees are collected in advance of the starting date of classes and the student does not begin classes or withdraws on the first day of classes, no more than One Hundred Dollars ($100.00) of the tuition and processing fees may be retained by the institution. Appropriate refunds for a student who does not begin classes shall be made within thirty (30) days of the class starting date.

(c) Refunds for Students Enrolled Prior to Visiting the Institution. Students who have not visited the school facility prior to enrollment will have the opportunity to withdraw without penalties within three (3) days following a documented attendance at a regularly scheduled orientation or a documented tour of the facilities and inspection of the equipment. Institutions are required to keep records of students' initial visits or orientation sessions.

(d) Refunds for Students After Instruction has Begun. Contractual obligations beyond twelve (12) months are prohibited. The refund policy for students attending proprietary institutions who incur financial obligations for a period of twelve (12) months or less shall be as follows:

(i) After the first day of classes and during the first ten percent (10%) of the period of financial obligation, the institution shall refund at least ninety percent (90%) of the tuition;

(ii) After the first ten percent (10%) of the period of financial obligation and until the end of the first twenty-five percent (25%) of the period of obligation, the institution shall refund at least fifty percent (50%) of the tuition;

(iii) After the first twenty-five percent (25%) of the period of financial obligation and until the end of the first fifty percent (50%) of the period of obligation, the institution shall refund at least twenty-five percent (25%) of the tuition; and

(iv) After the first fifty percent (50%) of the period of financial obligation, the institution may retain all of the tuition.
Miss. Code Ann. § 75-29-19 — MS Code / Title 75 / Chapter 12 / Section 29-19
Miss. Code Ann. § 75-29-19
Status: in_force

The State Board of Health is hereby charged with the enforcement of this chapter. The State Board of Health shall have the authority to establish such rules and regulations not inconsistent with this chapter as will best carry its provisions into effect, unless regulation of food as defined in this chapter is otherwise authorized by law. However, the regulatory authority provided to the board under this section shall not apply to the regulation of a vending machine or micro market as defined in Section 69-1-18 , or to the food and beverages sold therefrom.
Miss. Code Ann. § 75-43-31 — MS Code / Title 75 / Chapter 12 / Section 43-31
Miss. Code Ann. § 75-43-31
Status: in_force

(1) The amount of bond to be furnished for each farm warehouse shall be fixed at a rate of not less than twenty cents (20¢) per bushel for the first one million (1,000,000) bushels of licensed capacity; not less than fifteen cents (15¢) per bushel for the next one million (1,000,000) bushels of licensed capacity; and not less than ten cents (10¢) 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 five thousand dollars ($5,000.00) or more than five hundred thousand dollars ($500,000.00), 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 farm 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 farm warehouseman who is licensed or is applying for licenses to operate two (2) or more farm warehouses may give a single bond meeting the requirements of this chapter to cover all such farm warehouses within the state. In such cases all farm 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) If 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. § 75-27-205 — MS Code / Title 75 / Chapter 12 / Section 27-205
Miss. Code Ann. § 75-27-205
Status: in_force

The weights and measures received from the United States under joint resolutions of Congress approved June 14, 1836, and July 27, 1866, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such weights and measures in conformity therewith as shall be supplied by the state shall, when the same shall have been certified by the national bureau of standards, be the state standards of weights and measures for the purpose of this article.
Miss. Code Ann. § 75-27-209 — MS Code / Title 75 / Chapter 12 / Section 27-209
Miss. Code Ann. § 75-27-209
Status: in_force

(1) No person, firm or corporation covered by the provisions of Section 75-27-201 shall engage in the sale or purchase of livestock, by weight, without first having secured a permit, issued by the commissioner of agriculture and commerce, for a fee not to exceed one hundred fifty dollars ($150.00), provided, however, in operating a packing house, only one (1) permit shall be required for any firm, corporation or other such place of business, though a number of persons may be employed in the packing house, whose duties may include or be limited to the weighing of cattle, except that each separate location where any livestock is purchased or processed shall be considered to be a separate business. Permits shall be issued or renewed annually, beginning July 1, 1958, and may be revoked by the issuing office for good cause shown. Initial permits issued after the month of July for any person covered by the provisions of Section 75-27-201 , the charge shall be at the rate of one-twelfth ( 1 / 12 ) of the stipulated fee for each remaining month in the fiscal year. Permits issued under the provisions of this article shall not be transferable and shall apply to only the particular yard, sales barn, meat packer, commission merchant or other particular persons covered by this article; and an additional permit must be obtained for each additional such business. Each person covered by the provisions of Section 75-27-201 shall execute and maintain a surety bond payable to the State of Mississippi with securities to be approved by the Secretary of State for the faithful performance of their functions under this article and said bond may be put in suit by any damaged party. Provided, however, any such person may elect to maintain, in whole or partial substitution for such surety bond, one or more irrevocable letters of credit, surety bonds or trust fund agreements, or combination thereof. The total amount of the letter(s) of credit, surety bond(s) or trust fund agreement(s) or combination thereof, shall not be less than the total required amount of the surety bond. All bonds, letters of credit or trust fund agreements shall in matter of form, content, and calculated coverage meet the requirements of the Code of Federal Regulations Title 9, Part 201 , Packers and Stockyards Administration General Bonding Regulations or as such regulations may be amended. In no case shall the amount of bond coverage be less than ten thousand dollars ($10,000.00). In the event of default by persons covered by this article the commissioner of agriculture and commerce may, at his discretion, be named as trustee for the dispersal of moneys calculated to be due and payable to individuals injured by such default as determined by the Packers and Stockyards Administration. In the event a buyer under the terms of this article has more than one (1) employee engaged in the weighing of livestock, a single bond covering all persons weighing livestock shall be deemed sufficient for the purposes of this article. However, the aggregate liability of the surety for all such suits shall, in no event, exceed the sum of said bond. Any person who has met the requirements of federal law by posting a similar bond, letter of credit or trust fund agreement and filing a copy of such instrument with the commissioner of agriculture and commerce shall be exempt from the above bond requirement of making a State of Mississippi bond for the protection of the public. All surety bonds, letters of credit or trust fund agreements shall be filed with the commissioner of agriculture and commerce. Instruments thus filed shall be construed to cover the sale or purchase of livestock at any place of business defined in Section 75-27-201 and it shall be immaterial that the actual purchase or sale was made at some place other than or away from the place of business of seller or purchaser if the purchase or sale was made in the name of such a person as is defined in Section 75-27-201 , and the bond shall be construed to cover the issuance of checks in payment for livestock where the maker or payer or endorser, making the same, uses his business name to describe a place of business covered by Section 75-27-201 and the check is not paid for any reason and is due and payable.

(2) Each livestock sales barn, auction sales barn, meat packer, commission merchant, or other similar business, defined in Section 75-27-201 , shall make a monthly report at the end of each month to the commissioner of agriculture and commerce showing the number of livestock sold or bought by species.
Miss. Code Ann. § 75-25-7 — MS Code / Title 75 / Chapter 12 / Section 25-7
Miss. Code Ann. § 75-25-7
Status: in_force

(a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this chapter.

(b) The applicant shall provide any additional pertinent information requested by the secretary including a description of a design mark and may make, or authorize the secretary to make, such amendments to the application as may be reasonably requested by the secretary or deemed by applicant to be advisable to respond to any rejection or objection.

(c) The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter be or shall have become distinctive of the applicant's or registrant's goods or services.

(d) Amendments may be made by the secretary upon the application submitted by the applicant upon applicant's agreement; or a fresh application may be required to be submitted.

(e) If the applicant is found not to be entitled to registration, the secretary shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until:

(1) The secretary finally refuses registration of the mark; or

(2) the applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.

(f) If the secretary finally refuses registration of the mark, the applicant may appeal such refusal to the First Judicial District of the Hinds County Chancery Court. The secretary's refusal may be reversed, but without costs to the secretary, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.

(g) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of Section 75-25-17 .
Miss. Code Ann. § 75-33-31 — MS Code / Title 75 / Chapter 12 / Section 33-31
Miss. Code Ann. § 75-33-31
Status: in_force

Any person engaged in any of the businesses covered by this article may obtain from the commissioner a grading service and/or inspection service of the products of his business and the commissioner is hereby authorized and directed to provide such service to any person applying for same. The commissioner is authorized to establish grades and quality of the carcasses, or the parts thereof, of cattle, sheep, goats, other ruminants, rabbits and poultry, but each such grade or quality shall meet the minimum standards for the like grade or quality as required by the United States Department of Agriculture. However, the commissioner may, in his discretion, establish a grade of lower quality or designation than is now recognized by the United States Department of Agriculture, but such grade and quality so established and designated shall be clearly marked and with such identification as to avoid any confusion with grades or qualities as designated by the U. S. Department of Agriculture. However, no grade or quality shall be established or designated which will permit the sale of any meat, meat-food products or poultry unfit for human consumption.
Miss. Code Ann. § 75-31-507 — MS Code / Title 75 / Chapter 12 / Section 31-507
Miss. Code Ann. § 75-31-507
Status: in_force

A milk processor shall not purchase raw milk from a dairy farmer unless:

(a) Payment of the purchase price is made according to the provisions prescribed by an applicable federal milk marketing order;

(b) Any initial or additional provisions are agreed on by both the dairy farmer or his agent and the milk processor; and

(c) The medium of exchange used is cash, a check for the full amount of the purchase price, or a wire transfer of money in the full amount.
Miss. Code Ann. § 75-44-27 — MS Code / Title 75 / Chapter 12 / Section 44-27
Miss. Code Ann. § 75-44-27
Status: in_force

Upon satisfactory proof of the loss or destruction of a license issued to a grain warehouseman, a duplicate thereof, or a new license, may be issued under the same number.
Miss. Code Ann. § 75-29-807 — MS Code / Title 75 / Chapter 12 / Section 29-807
Miss. Code Ann. § 75-29-807
Status: in_force

(1) The following acts and the causing thereof are prohibited:

Failure by a supplier of bottled drinking water to comply with regulations promulgated pursuant to this article.

(2) Any person who willfully violates or fails or refuses to comply with the provisions of this article or any regulation issued thereunder may, in an action brought in the appropriate court be fined not more that One Hundred Dollars ($100.00) for each day in which such violation occurs or failure to comply continues, and for any subsequent offense a fine of not more than Five Hundred Dollars ($500.00) per day.
Miss. Code Ann. § 75-12-25 — MS Code / Title 75 / Chapter 12 / Section 12-25
Miss. Code Ann. § 75-12-25
Status: in_force

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
Miss. Code Ann. § 75-35-15 — MS Code / Title 75 / Chapter 12 / Section 35-15
Miss. Code Ann. § 75-35-15
Status: in_force

(1) When any meat or meat food product has been inspected as hereinbefore provided and marked “Mississippi inspected and passed” or appropriate marking shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this chapter is maintained, the person, firm, or corporation preparing said product shall cause a label to be attached to said can, pot, tin, canvas, or other receptacle or covering, under supervision of an inspector, which label shall state that the contents thereof have been “Mississippi inspected and passed” or appropriate marking under the provisions of this chapter, and no inspection and examination of meat or meat food products deposited or enclosed in cans, tins, pots, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this chapter is maintained shall be deemed to be complete until such meat or meat food products have been sealed or enclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector.

(2) All carcasses, parts of carcasses, meat and meat food products inspected at any establishment under the authority of this chapter and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the commissioner may require, the information required under paragraph (k) of Section 75-35-3 .

(3) The commissioner, whenever he determines such action is necessary for the protection of the public, may prescribe:

(a) The styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling of any products or animals subject to this article or Article 3 of this chapter; and

(b) Definitions and standards of identity or composition for items subject to this article and standards of fill of container for such products not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act, or under the Federal Meat Inspection Act, and there shall be consultation between the commissioner and the Secretary of Agriculture of the United States prior to the issuance of such standards to avoid inconsistency between such standards and the federal standards.

(4) No item or product subject to this article shall be sold or offered for sale by any person, firm, or corporation, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the commissioner, are permitted. A food product that contains cultured animal tissue produced from animal cell cultures outside of the organism from which it is derived shall not be labeled as meat or a meat food product. A plant-based or insect-based food product shall not be labeled as meat or a meat food product.

(5) If the commissioner has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any item subject to this article is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person, firm, or corporation using or proposing to use the marking, labeling or container does not accept the determination of the commissioner, such person, firm, or corporation may request a hearing, but the use of the marking, labeling, or container shall, if the commissioner so directs, be withheld pending hearing and final determination by the commissioner. Any party aggrieved by such final determination may, within thirty (30) days after receipt of notice of such final determination, effect an appeal therefrom to the chancery court of the county in which such party resides or in which the principal place of his business is domiciled; and, on appeal, such chancery court shall affirm, modify, or set aside the commissioner's final determination.
Miss. Code Ann. § 75-45-305 — MS Code / Title 75 / Chapter 12 / Section 45-305
Miss. Code Ann. § 75-45-305
Status: in_force

(1) Every person licensed as a grain dealer shall have filed with the department a surety bond signed by the dealer as principal and by a responsible company authorized to execute surety bonds within the State of Mississippi. A grain dealer may file with the department, in lieu of a surety bond, a certificate of deposit or irrevocable letter of credit from any bank or banking corporation insured by the Federal Deposit Insurance Corporation, payable to the commissioner, as trustee. The principal amount of the certificate of deposit or the amount of the letter of credit shall be the same as that required for a surety bond under this article and the interest thereon shall be made payable to the purchaser thereof. Such bond shall be a principal amount (to the nearest One Thousand Dollars ($1,000.00)) equal to ten percent (10%) of the aggregate dollar amount paid, by the dealer to producers for grain purchased from them during the dealer's last completed fiscal year or in the case of a dealer who has been engaged in business as a grain dealer for less than one (1) year or who has not theretofore engaged in such business, ten percent (10%) of the estimated aggregate dollar amount to be paid by the dealer to producers for grain purchased from them during the next fiscal year. Such bond shall not be less than Twenty-five Thousand Dollars ($25,000.00) nor more than One Hundred Thousand Dollars ($100,000.00), except as otherwise authorized by this article. The commissioner shall determine the sufficiency of any letter of credit.

(2) The commissioner may, when he questions a grain dealer's ability to pay producers for grain purchased, require a grain dealer to post an additional bond in a dollar amount deemed appropriate by the commissioner. Failure to post such additional bond or certificate of deposit or irrevocable letter of credit, constitutes grounds for suspension or revocation of a license issued under this article.

(3) Any required bond or bonds shall be executed by the grain dealer as principal and by a corporate surety licensed to do business in this state as a surety. The bond shall be in favor of the commissioner for the benefit of all persons interested, their legal representatives, attorneys or assigns, conditioned upon the faithful compliance by the grain dealer with the provisions of this article and the rules and regulations of the State Department of Agriculture and Commerce applicable thereto. The aggregate liability of the surety 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 its intention to cancel the bond and all liability thereunder shall terminate sixty (60) 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.

(4) Any grain dealer who is of the opinion that his net worth and assets are sufficient to guarantee payment to producers for grain purchased by him may request the commissioner to be relieved of the obligation of filing a bond in excess of the minimum bond of Twenty-five Thousand Dollars ($25,000.00). Such request shall be accompanied by a financial statement of the applicant made within six (6) months of the date of such request certified by a certified public accountant. If such financial statement discloses net assets and a net worth of an amount equal to at least three (3) times the amount of the bond required by this article and the commissioner is otherwise satisfied as to the financial ability and resources of the applicant, the commissioner may waive that portion of the required bond in excess of Twenty-five Thousand Dollars ($25,000.00). However, in the case of a grain dealer whose net worth is not equal to three (3) times the amount of bond required, the commissioner may allow such grain dealer to waive in One Thousand Dollar ($1,000.00) increments a portion of the bond required in excess of Twenty-five Thousand Dollars ($ 25,000.00). The percentage factor to be applied to the bond required in excess of Twenty-five Thousand Dollars ($25,000.00) shall be determined by dividing actual net worth by the net worth required to waive all bond in excess of Twenty-five Thousand Dollars ($25,000.00). If the result of this computation provides a percentage factor of eighty percent (80%) or greater, then that same percentage of the bond in excess of Twenty-five Thousand Dollars ($25,000.00) may be waived. The grain dealer shall then provide to the commissioner a surety bond in the amount of Twenty-five Thousand Dollars ($25,000.00) plus any additional bond required in excess thereof.

(5) Any grain dealer who purchases grain from producers only in connection with or as an incident to some other business and whose total purchases of grain from producers during any fiscal year do not exceed an aggregate amount of One Hundred Thousand Dollars ($100,000.00) may satisfy the bonding requirements of this article by filing with the commissioner a bond, or certificate of deposit or irrevocable letter of credit from any bank or banking corporation insured by the Federal Deposit Insurance Corporation, at the rate of One Thousand Dollars ($1,000.00) for each Ten Thousand Dollars ($10,000.00) or fraction thereof of the dollar amount to be purchased, with a minimum bond, certificate of deposit or irrevocable letter of credit of One Thousand Dollars ($1,000.00) and a current financial statement.

(6) Failure of a grain dealer to file a bond, or certificate of deposit, or letter of credit, and to keep such bond, certificate of deposit or line of credit in force, or to maintain assets adequate to assure payment to producers for grain purchased from them shall be grounds for the suspension or revocation of a license issued under this article.

(7) When the commissioner has determined that a grain dealer has defaulted payment to producers for grain which he has purchased from them, the commissioner shall determine through appropriate legal procedures the producers and the amount of defaulted payment and as trustee of the bond shall immediately after such determination call for the dealer's surety bond or bonds, or other pledged financial assets, to be paid to him for distribution to those producers who should receive the benefits. Should the defaulted amount owed the producers be less than the principal amount of the bond or bonds or pledged financial assets, then the surety bank, or banking corporation shall be obligated to pay only the amount of the default.
Miss. Code Ann. § 75-39-1 — MS Code / Title 75 / Chapter 12 / Section 39-1
Miss. Code Ann. § 75-39-1
Status: in_force

The term “baby chick” as used in this chapter means any domestic fowl under the age of six (6) weeks. The term “person” includes also firms and corporations.
Miss. Code Ann. § 75-47-39 — MS Code / Title 75 / Chapter 12 / Section 47-39
Miss. Code Ann. § 75-47-39
Status: in_force

Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter.
Miss. Code Ann. § 75-44-47 — MS Code / Title 75 / Chapter 12 / Section 44-47
Miss. Code Ann. § 75-44-47
Status: in_force

(1) If the condition of any grain offered for storage is such that it probably will affect the condition of grain in the grain warehouse, the grain warehouseman shall not receive such grain for storage or store such grain, provided, however, that if the grain warehouse has separate bins or is equipped with proper conditioning apparatus, the grain warehouse may receive such grain for storage in such separate bins or may condition it and then store it in such a manner as will not lower the grade of other grain.

(2) It shall be the grain warehouseman's duty and obligation to condition and maintain the quantity and quality of all grain as receipted.
Miss. Code Ann. § 75-17-27 — MS Code / Title 75 / Chapter 12 / Section 17-27
Miss. Code Ann. § 75-17-27
Status: in_force

A late payment charge, not exceeding Five Dollars ($5.00) or four percent (4%) of the amount of any delinquency, whichever is greater, if contracted for in writing, shall not be considered a finance charge, but no such charge shall be made unless such delinquency is more than fifteen (15) days past due; provided, however, that such late payment charge may be collected only one (1) time on a specific installment and no late payment charge may be collected on a partial payment resulting from the deduction of a late payment charge from a regular scheduled payment. On loans of One Hundred Thousand Dollars ($100,000.00) or less having a stated maturity of five (5) years or less, such late payment charge shall in no event exceed Fifty Dollars ($50.00).
Miss. Code Ann. § 75-27-37 — MS Code / Title 75 / Chapter 12 / Section 27-37
Miss. Code Ann. § 75-27-37
Status: in_force

Weights and measures that have been rejected shall not again be used commercially after a thirty-day waiting period or until they have been officially reexamined and found to be correct or until specific written permission for such use is issued by the rejecting authority.
Miss. Code Ann. § 75-35-309 — MS Code / Title 75 / Chapter 12 / Section 35-309
Miss. Code Ann. § 75-35-309
Status: in_force

Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than five thousand dollars ($5,000.00) or imprisoned not more than three (3) years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than ten thousand dollars ($10,000.00) or imprisoned not more than ten (10) years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under general laws of this state.
Miss. Code Ann. § 75-45-163 — MS Code / Title 75 / Chapter 12 / Section 45-163
Miss. Code Ann. § 75-45-163
Status: in_force

A commercial feed 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 commercial feed.

(c) If it is not labeled as required in Section 75-45-161 .

(d) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner and state chemist.

(e) If any word, statement, or other information required by or under authority of this article to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Miss. Code Ann. § 75-27-13 — MS Code / Title 75 / Chapter 12 / Section 27-13
Miss. Code Ann. § 75-27-13
Status: in_force

The commissioner of the department of agriculture and commerce shall be, ex officio, the director. There shall be a deputy state director of weights and measures and state inspectors of weights and measures, and necessary technical and clerical personnel, who shall be appointed by the director under the rules of said department, and who shall collectively comprise the state division of weights and measures, of which the deputy director shall be the administrator. The director shall be allowed salaries for the deputy director, the inspectors, and the necessary technical and clerical employees, for necessary equipment and supplies, and for traveling and contingent expenses, such sums as shall be appropriated by the legislature.
Miss. Code Ann. § 75-47-15 — MS Code / Title 75 / Chapter 12 / Section 47-15
Miss. Code Ann. § 75-47-15
Status: in_force

(1) It shall be the duty of the commissioner, who may act through his authorized agent, to sample and inspect, and of the state chemist to make analyses of and test commercial fertilizers distributed within this state at any time and place and to such an extent as they may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this chapter. The commissioner, individually or through his agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers subject to the provisions of this chapter and the rules and regulations pertaining thereto, and to the records relating to their distribution.

(2) In drawing any official sample and in making any analysis, the officially adopted methods and terminology of the Association of Official Analytical Chemists shall be used. In cases not covered by such officially adopted methods and terminology, the state chemist shall, as soon as practicable and from other sources deemed proper, adopt and publish appropriate methods and terminology.

(3) The state chemist and commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in paragraph (e) of Section 75-47-5 , and obtained and analyzed as provided for in subsection (2) of this section.

(4) The results of official analysis of commercial fertilizers and portions of official samples shall be distributed by the state chemist as provided in the regulations.
Miss. Code Ann. § 75-24-153 — MS Code / Title 75 / Chapter 12 / Section 24-153
Miss. Code Ann. § 75-24-153
Status: in_force

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

(a) “Advertisement” means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a rental-purchase agreement.

(b) “Cash price” means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement.

(c) “Consumer” means a natural person who rents personal property under a rental-purchase agreement to be used primarily for personal, family or household purposes.

(d) “Consummation” means the time a consumer becomes contractually obligated on a rental-purchase agreement.

(e) “Lessor” means a person who regularly provides the use of property through rental-purchase agreements and to whom periodic rental payments are initially payable on the face of the rental-purchase agreement.

(f) “Rental-Purchase Agreement” means an agreement for the use of personal property by a natural person primarily for personal, family or household purposes, for an initial period of four (4) months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property.
Miss. Code Ann. § 75-31-503 — MS Code / Title 75 / Chapter 12 / Section 31-503
Miss. Code Ann. § 75-31-503
Status: in_force

The following words shall have the following meaning unless context shall indicate otherwise:

(a) “Cooperative association” means any group in which farmers act together in the market preparation, processing, or marketing of farm products or any association organized under Section 79-19-1 et seq., Mississippi Code of 1972 .

(b) “Dairy farmer” means a farmer engaged in the business of producing milk for sale to milk processors or to a cooperative association of which the dairy farmer is a member.

(c) “Milk processor” means a person who operates a milk, milk products, or frozen desserts processing plant that is located in the State of Mississippi.

(d) “Purchase price” means an amount of money, based on estimated butterfat content at the time of delivery, that a milk processor agrees to pay a dairy farmer for the purchase of raw milk.
Miss. Code Ann. § 75-60-1 — MS Code / Title 75 / Chapter 12 / Section 60-1
Miss. Code Ann. § 75-60-1
Status: in_force

This chapter shall be known as the “Mississippi Proprietary School and College Registration Law.”
Miss. Code Ann. § 75-15-5 — MS Code / Title 75 / Chapter 12 / Section 15-5
Miss. Code Ann. § 75-15-5
Status: in_force

No person, except those specified in Section 75-15-7 , shall engage in the business of money transmission, as a service or for a fee or other consideration, without having first obtained a license under this chapter.
Miss. Code Ann. § 75-27-49 — MS Code / Title 75 / Chapter 12 / Section 27-49
Miss. Code Ann. § 75-27-49
Status: in_force

The word “weight” as used in this article in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed. Provided, however, this shall not apply to bales of cotton which are customarily sold by gross weight.
Miss. Code Ann. § 75-35-13 — MS Code / Title 75 / Chapter 12 / Section 35-13
Miss. Code Ann. § 75-35-13
Status: in_force

For the purposes hereinbefore set forth, the commissioner shall cause to be made by inspectors appointed for that purpose an examination and inspection of all meat food products prepared in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, where such products are prepared, and for the purposes of an examination and inspection said inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment. Said inspectors shall mark, stamp, tag, or label as “Mississippi inspected and passed” or appropriately mark all such products found to be not adulterated; and said inspectors shall label, mark, stamp, or tag as “Mississippi inspected and condemned” or appropriately mark all such products found adulterated. All such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the commissioner may remove inspectors from any establishment which fails to so destroy such condemned meat food products.
Miss. Code Ann. § 75-35-101 — MS Code / Title 75 / Chapter 12 / Section 35-101
Miss. Code Ann. § 75-35-101
Status: in_force

Inspection shall not be provided under Article 1 of this chapter at any establishment for the slaughter of cattle, sheep, swine, goats, horses, mules, or other equines, or the preparation of any carcasses or parts or products of such animals, which are not intended for use as human food, but such products shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the commissioner to deter their use for human food. No person, firm, or corporation shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in commerce, any carcasses, parts thereof, meat or meat food products of any such animals, which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the commissioner or are naturally inedible by humans.
Miss. Code Ann. § 75-45-153 — MS Code / Title 75 / Chapter 12 / Section 45-153
Miss. Code Ann. § 75-45-153
Status: in_force

When used in this article the terms:

(a) “ Person ” includes any individual, partnership, corporation or association.

(b) “ Distribute ” means to offer for sale, sell, exchange, give away, or barter, commercial feed or to supply, furnish, or otherwise provide commercial feed to a contract feeder.

(c) “ Distributor ” means any person who distributes commercial feedstuffs as defined herein.

(d) “ Commercial feed ” means all materials distributed for use as feed or for mixing in feed except unmixed seed, whole or processed, when not adulterated within the meaning of paragraph (a) of Section 75-45-165 . The commissioner and State Chemist by regulation may exempt from this definition, or from specific provisions of this article, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds or substances are not mixed with other materials, and are not adulterated within the meaning of paragraphs (a) through (d) of Section 75-45-165 .

(e) “ Feed ingredient ” means each of the constituent materials making up a commercial feed.

(f) “ Mineral feed ” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

(g) “ Drug ” means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body.

(h) “ Customer-formula feed ” means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.

(i) “ Manufacture ” means to grind, mix or blend, or further process a commercial feed for distribution.

(j) “ Brand name ” means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.

(k) “ Product name ” means the name of the commercial feed which identifies it as to kind, class or specific use.

(l) “ Label ” means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.

(m) “ Labeling ” means all labels and other written, printed, or graphic matter (1) upon a commercial feed or any of its containers or wrappers (2) accompanying such commercial feed.

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

(o) “ Percent ” or “ percentages ” mean percentages by weights.

(p) “ Official sample ” means a sample of feed taken by the commissioner or his agent in accordance with the provisions of subsections (3) , (4) and (5) of Section 75-45-173 .

(q) “ Contract feeder ” means a person who as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished, or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product.

(r) “ Pet food ” means any commercial feed prepared and distributed for consumption by pets.

(s) “ Pet ” means any domesticated animal normally maintained in or near the household(s) of the owner(s) thereof.

(t) “ Specialty pet ” means any domesticated animal pet normally maintained in a cage or tank, including, but not limited to, gerbils, hamsters, canaries, psittacine, birds, mynahs, finches, tropical fish, goldfish, snakes and turtles.

(u) “ Specialty pet food ” means any commercial feed prepared and distributed for consumption by specialty pets.

(v) “ Quantity statement ” means the net weight (mass), net volume (liquid or dry) or count.
Miss. Code Ann. § 75-47-23 — MS Code / Title 75 / Chapter 12 / Section 47-23
Miss. Code Ann. § 75-47-23
Status: in_force

No person shall distribute an adulterated fertilizer product. A commercial fertilizer shall be deemed to be adulterated:

(a) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use, which may be necessary to protect plant life are not shown upon the label.

(b) If its composition falls below or differs from that which it is purported to possess by its labeling.

(c) If it contains unwanted crop seed or weed seed.
Miss. Code Ann. § 75-57-47 — MS Code / Title 75 / Chapter 12 / Section 57-47
Miss. Code Ann. § 75-57-47
Status: in_force

(1) From and after March 16, 1948, any installer or other person who shall install, connect, alter, extend, change or repair any liquefied compressed gas or compressed natural gas system, container or appliance whatsoever, or who shall install, connect, change, extend, alter or repair any piping or fitting connected with or attached to any liquefied compressed gas or compressed natural gas container, system or appliance shall, within fifteen (15) days after the completion thereof, give notice to the State Liquefied Compressed Gas Board, in writing, on forms to be provided by the State Liquefied Compressed Gas Board, that such installation, connection, alteration, extension, change or repair has been made, which notice shall give full details with reference thereto, and shall give the name of the person at whose order same was made, and the name of the installer, as provided in this chapter, under whose supervision the installation, alteration, etc., was made and the address of the premises upon which same was made. Any person who shall install, connect, alter, extend, change or repair any liquefied compressed gas or compressed natural gas system, container or appliance, or any piping or fitting connected or attached thereto, without giving notice to the State Liquefied Compressed Gas Board as provided herein shall be subject to the sanctions set out in this chapter.

(2) Upon receiving notice of any installation of a liquefied compressed gas system or natural gas fueling system other than a liquefied petroleum gas carburetion system, it shall be at the discretion of the Commissioner of Insurance to cause same to be inspected, and if he or she approves same after such inspection, he or she shall leave upon such premises a written certificate of approval. Upon receiving notice of any connection, alteration, extension, change or repair to any system required to be inspected at the time of installation under the provisions of this subsection, the Commissioner of Insurance may cause the system to be inspected if he or she believes that sufficient change or repair has been made so as to alter the system from its original installation.

If, after such inspection, the inspector finds that the installation or repair has not been properly made, he or she shall report such fact to the distributor or installer making the installation and request that corrections be made within seventy-two (72) hours after the time of such inspection, if the defects are such that can be corrected without the necessity of condemning the entire system. Any distributor or installer who fails or refuses to make the corrections after requested so to do by the inspector, after a hearing before the State Liquefied Compressed Gas Board, may have his authority or certificate of compliance suspended or revoked.

Installers, as defined in this chapter, are hereby authorized to issue temporary certificates of approval for use before inspection by the Commissioner of Insurance, but no certificate issued by an installer shall be valid for a period longer than one hundred twenty (120) days from date of completion or alteration, repair or installation covered by said certificate. The provisions of this paragraph shall not relieve the dealer, or other person, from the liability of having such installation inspected by the Commissioner of Insurance, as provided in this chapter.

All certificates of approval and permits issued by liquefied gas inspectors under the terms of this section shall be executed in duplicate, and the copy thereof shall be filed and preserved in the office of the State Liquefied Compressed Gas Board for not less than three (3) years from the date thereof.

(3) All liquefied petroleum gas carburetion systems and natural gas carburetion systems shall be installed by an installer, or automobile manufacturer, or be inspected by a representative of the State Liquefied Compressed Gas Board or Commissioner of Insurance when not installed by such qualified installer or manufacturer.

All liquefied petroleum or natural gas carburetion systems installed on vehicles, including school buses, used in public transportation shall be inspected by a field inspector. The State Liquefied Compressed Gas Board may cause to be inspected any installations of liquefied petroleum gas or natural gas carburetion systems on any other type vehicles as they deem necessary. All such installations shall comply with the rules and regulations promulgated by the State Liquefied Compressed Gas Board.

No person may, for a fee, install liquefied petroleum or natural gas carburetion systems unless such person holds a license as an installer issued by the State Liquefied Compressed Gas Board.

Any person who operates a vehicle on which a liquefied petroleum or natural gas carburetion system has been installed by a person other than an installer shall apply to the State Liquefied Compressed Gas Board for inspection of such installation within fifteen (15) days of such installation. No distributor of liquefied petroleum or natural gas, or any other person, shall fill or cause to be filled any such system which has not been inspected as required by this chapter.

Any person who violates any of the provisions of this subsection shall be subject to the penalties provided in this chapter.

(4) No distributor of liquefied compressed gas, or other person, shall fill, cause to be filled, or permit to be filled, any container or system unless the installation, alteration, extension, connection, change and repair thereof, and of all appliances connected and used therewith, and of all pipings and fittings connected or attached thereto, shall have first been inspected and approved by an inspector of the State Liquefied Compressed Gas Board or Commissioner of Insurance or installed or altered by an installer as described in this chapter, and unless there is exhibited to such distributor or other person the approval of the inspector or installer provided for in the foregoing paragraphs; nor shall any person turn on or use such systems, containers, appliances, piping or fittings until same have been so inspected and approved, and such approval is exhibited to him. Any person who shall violate the provisions of this subsection, after a duly called hearing before the State Liquefied Compressed Gas Board, may have his license suspended or revoked.

(5) Any liquefied compressed gas dealer, or other person, may apply to the State Liquefied Compressed Gas Board, for permission to take an examination to qualify as an installer, as defined under the provisions of this chapter. The State Liquefied Compressed Gas Board shall prepare an examination which is sufficient to test the knowledge of the applicant as to his qualifications for installing, repairing, altering, etc., equipment used in the handling of liquefied compressed gases and of his knowledge of the handling and storage of such gases. If, after examination, the applicant is found to be competent and to possess sufficient qualifications, the State Liquefied Compressed Gas Board shall issue to such applicant a license or certificate which shall designate the system or systems which the applicant is qualified to install. The State Liquefied Compressed Gas Board shall have the authority to establish different classes of installers. Should the holder of any such certificate perform his duties in an unworkmanlike manner or be guilty of negligence, carelessness, drunkenness on duty, or other good cause, then the State Liquefied Compressed Gas Board may cancel the certificate, good cause being shown; however, before the State Liquefied Compressed Gas Board shall cancel any such certificate it shall give the holder thereof five (5) days' written notice of its intention so to do, and shall grant to the person holding such certificate an opportunity to be heard before the State Liquefied Compressed Gas Board at such time and place as shall be fixed in such notice, to show cause, if any he or she can, why the license or certificate should not be suspended or revoked. Upon application to the State Liquefied Compressed Gas Board, and upon reexamination of the applicant by the State Liquefied Compressed Gas Board, a new certificate may be issued, but no such renewal certificate shall be issued within sixty (60) days of the cancellation of the original certificate. The State Liquefied Compressed Gas Board shall have authority to conduct any type examination of applicants desiring renewal certificates which will, in its opinion, test applicant's qualifications for the issuance of a renewal certificate. Any installer's certificates heretofore issued and outstanding shall be valid until suspended or revoked.

(6) Any dealer or installer who shall alter or change any system, or bulk storage plant system, or who shall substitute or change any such fitting, after said system has been approved by an inspector of the Commissioner of Insurance, without first obtaining the permission of such an inspector so to do, may be enjoined from continuing in the business of a dealer or installer, as defined in this chapter, in the State of Mississippi for a period of not less than one (1) year, and any judge or chancellor authorized to grant injunctions may grant and issue the injunction herein authorized, but no such injunction shall be issued except upon notice of not less than five (5) days to the dealer or installer sought to be enjoined. It is expressly provided, however, that nothing herein shall prevent a dealer or an installer from making additional installations to any such system, provided that proper notice thereof is given to the Commissioner of Insurance on forms provided by him or her in the same manner as such notice is required to be given in cases of installations, repairs and alterations; nor shall anything herein prevent a dealer or an installer from making emergency repairs to any system or fitting when such repairs are made necessary by a mechanical defect, breakdown or injury to such system or fitting, but in the event of such emergency repairs, the dealer or installer making same shall, within fifteen (15) days after making such repairs, give the Commissioner of Insurance notice of the details and facts thereof in writing.
Miss. Code Ann. § 75-45-171 — MS Code / Title 75 / Chapter 12 / Section 45-171
Miss. Code Ann. § 75-45-171
Status: in_force

The commissioner of agriculture and commerce shall deposit with the state treasurer to the credit of the general fund all funds received by him as registration and inspection fees and, by act of the legislature, such funds shall be used for defraying the cost of the inspection and analysis of commercial feeds as provided herein.

All penalties collected, whether from fines or sales of the condemnation of the articles defined above, shall be deposited with the state treasurer to the credit of the general fund. It shall be the duty of the commissioner of agriculture and commerce to include in his annual report an itemized statement of all such funds so collected and deposited.
Miss. Code Ann. § 75-26-1 — MS Code / Title 75 / Chapter 12 / Section 26-1
Miss. Code Ann. § 75-26-1
Status: in_force

This chapter may be cited as the Mississippi Uniform Trade Secrets Act.
Miss. Code Ann. § 75-17-35 — MS Code / Title 75 / Chapter 12 / Section 17-35
Miss. Code Ann. § 75-17-35
Status: in_force

Notwithstanding any provision of law to the contrary, the lawful rate of interest which shall be paid on a refund of excess rates by any public utility which has put rates into effect under bond, as provided for in Sections 77-3-39 , 77-3-69 and 77-3-71 , shall be computed from the date of collection until the date refunds are made and shall be equal to a rate which is two percent (2%) above the average discount rate for the total period under bond, excluding any surcharge thereon, on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the public utility has its principal place of business.
Miss. Code Ann. § 75-27-111 — MS Code / Title 75 / Chapter 12 / Section 27-111
Miss. Code Ann. § 75-27-111
Status: in_force

Unless otherwise agreed upon, charcoal shall be sold by measure, and the measure of charcoal shall be a barrel of the capacity of three and one-quarter (3 1 / 4 ) bushels.
Miss. Code Ann. § 75-49-13 — MS Code / Title 75 / Chapter 12 / Section 49-13
Miss. Code Ann. § 75-49-13
Status: in_force

(1) The commissioner shall not:

(a) Deny an application for a license without first giving the applicant a hearing, or an opportunity to be heard, on the question of whether he is qualified under the provisions of this chapter to receive the license applied for.

(b) Revoke or suspend a license without first giving the licensee a hearing, or an opportunity to be heard, on the question of whether there are sufficient grounds under the provisions of this chapter upon which to base such revocation or suspension.

(2) Any interested party shall have the right to have the commissioner call a hearing for the purpose of taking action in respect to any matter within the commissioner's jurisdiction by filing with the commissioner a verified complaint setting forth the grounds upon which the complaint is based.

(3) The commissioner may on his own motion call a hearing for the purpose of taking action in respect to any matter within his jurisdiction.

(4) When a hearing is to be held before the commissioner, the commissioner shall give written notice thereof to all parties whose rights may be affected thereby. The notice shall set forth the reason for the hearing and the questions or issues to be decided by the commissioner at such hearing and the time when and the place where the hearing will be held. All such notices shall be mailed to all parties, whose rights may be affected by such hearing by registered or certified mail, and addressed to their last known address.

(5) All parties whose rights may be affected at any hearing before the commissioner shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against them, and to produce evidence and witnesses in their own behalf. The commissioner shall make and keep a record of each such hearing and shall provide a transcript thereof to any interested party upon his request and at his expense. Testimony taken at all such hearings shall be taken either stenographically or by machine.

(6) If any party who is notified of a hearing in accordance with the requirements of this chapter fails to appear at such hearing, either in person or by counsel, then and in that event the commissioner may make any decision and take any action he may deem necessary or appropriate with respect to any issue or question scheduled for hearing and decision by him at such hearing which affects or may affect the rights of such defaulting party, and such defaulting party shall have no right of appeal under the provisions of this chapter.

(7) All decisions of the commissioner with respect to the hearings provided for in this section shall be incorporated into orders of the commissioner. All such orders shall be made available during normal office hours for inspection by interested persons.

(8) It shall be the duty of the sheriffs and constables of the counties of this state and of any employee of the commissioner, when so directed by the commissioner, to execute any summons, citation or subpoena which the commissioner may cause to be issued and to make his return thereof to the commissioner. The sheriffs and constables so serving and returning same shall be paid for so doing fees provided for such services in the circuit court. Any person who appears before the commissioner or a duly designated employee of his department in response to a summons, citation or subpoena shall be paid the same witness fee and mileage allowance as witnesses in the circuit court. In case of failure or refusal on the part of any person to comply with any summons, citation or subpoena issued and served as above authorized or in the case of the refusal of any person to testify or answer to any matter regarding which he may be lawfully interrogated or the refusal of any person to produce his record books and accounts relating to any matter regarding which he may be lawfully interrogated, the chancery court of any county of the State of Mississippi, or any chancellor of any such court in vacation, may, on application of the commissioner, issue an attachment for such person and compel him to comply with such summons, citation or subpoena and to attend before the commissioner or his designated employee and to produce the documents specified in any subpoena duces tecum and give his testimony upon such matters as he may be lawfully required. Any such chancery court, or any chancellor of any such court in vacation, shall have the power to punish for contempt as in case of disobedience of like process issued from or by any such chancery court, or by refusal to testify therein in response to such process, and such person shall be taxed with the costs of such proceedings.

(9) The following procedure shall govern in taking and perfecting appeals:

(a) Any person who is a party to any hearing before the commissioner and who is aggrieved by any decision of the commissioner with respect to any hearing before him, unless prevented by the provisions of subsection (6) of this section, shall have the right of appeal to the chancery court of the county of such person's residence or principal place of business within this state, but if any such person is a nonresident of this state he shall have the right of appeal to the chancery court of the First Judicial District of Hinds County, Mississippi. All such appeals shall be taken and perfected within sixty (60) days from the date of the decision of the commissioner which is the subject of the appeal, and the chancery court to which such appeal is taken may affirm such decision or reverse and remand the same to the commissioner for further proceedings as justice may require or dismiss such decision. All such appeals shall be taken and perfected, heard and determined, either in term time or in vacation, on the record, including a transcript of pleadings and evidence, both oral and documentary, heard and filed before the commissioner. In perfecting any appeal provided by this chapter, the provisions of law respecting notice to the reporter and allowance of bills of exceptions, now or hereafter in force, respecting appeals from the chancery court to the supreme court shall be applicable, provided, however, that the reporter shall transcribe his notes, taken stenographically or by machine, and file the record with the commissioner within thirty (30) days after approval of the appeal bond, unless, on application of the reporter, or of the appellant, an additional fifteen (15) days shall have been allowed by the commissioner to the reporter within which to transcribe his notes and file the transcript of the record with the commission.

(b) Upon the filing with the commissioner of a petition of appeal to the proper chancery court, it shall be the duty of the commissioner, as promptly as possible, and in any event within sixty (60) days after approval of the appeal bond, to file with the clerk of said chancery court to which the appeal is taken, a copy of the petition for appeal and of the decision appealed from, and the original and one (1) copy of the transcript of the record of the proceedings and evidence before the commission. After the filing of said petition, the appeal shall be perfected by the filing of a bond in the penal sum of five hundred dollars ($500.00) with two (2) sureties or with a surety company qualified to do business in Mississippi as surety, conditioned to pay the costs of such appeal, said bond to be approved by the commissioner or by the clerk of the chancery court to which such appeal is taken.

(10) No decision of the commissioner made as a result of a hearing under the provisions of this section shall become final with respect to any party affected and aggrieved by such decision until such party shall have exhausted or shall have had an opportunity to exhaust all of his remedies provided for by this section; provided, however, any such decision may be made final if the commissioner finds that failure to do so would be detrimental to the public interest or public welfare, but the finality of any such decision shall not prevent any party or parties affected and aggrieved thereby to appeal the same in accordance with the appellate procedure set forth in this section.

(11) The commissioner shall prescribe his rules of order or procedure in hearings or other proceedings before it under this chapter; provided, however, that such rules of order or procedure shall not be in conflict or contrary to the provisions of this section.
Miss. Code Ann. § 75-31-209 — MS Code / Title 75 / Chapter 12 / Section 31-209
Miss. Code Ann. § 75-31-209
Status: in_force

If a tank is designed for use with a gauge rod, a substantial and rigid gauge rod bracket or other suitable supporting elements for positioning the gauge rod shall be so constructed that whenever the rod is placed in engagement with the bracket or supports and released, the rod will automatically seat itself at a fixed height and in a vertical position. When a gauge rod is properly seated on its bracket or supports, there shall be a clearance of at least three (3) inches between the graduated face of the rod and any tank wall or other surface that it faces.

The arrangements shall be such that it shall be impossible to reverse the reading position. The part of the gauge rod bracket which is designed to hold the gauge rod and which comes in contact with the gauge rod shall be sufficiently hardened that, under continual usage or careless handling, it will not become so worn that it will allow the gauge rod to hang to an improper depth in the tank, thereby causing an error in the measure of the milk in the tank.
Miss. Code Ann. § 75-35-311 — MS Code / Title 75 / Chapter 12 / Section 35-311
Miss. Code Ann. § 75-35-311
Status: in_force

(1) Any person, firm, or corporation who violates any provision of this chapter for which no other criminal penalty is provided by this chapter shall upon conviction be subject to imprisonment for not more than one (1) year, or a fine of not more than one thousand dollars ($1,000.00), or both such imprisonment and fine; but if such violation involves intent to defraud, or any distribution or attempted distribution of an item or product that is adulterated (except as defined in Section 75-35-3(j)(8) ), such person, firm, or corporation shall be subject to imprisonment for not more than three (3) years or a fine of not more than ten thousand dollars ($10,000.00) or both: provided, that no person, firm, or corporation shall be subject to penalties under this section for receiving for transportation any product or animal in violation of this chapter if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish on request of a representative of the commissioner the name and address of the person from whom he received such products or animal, and copies of all documents, if any there be, pertaining to the delivery of the products or animal to him.

(2) Nothing in this chapter shall be construed as requiring the commissioner to report for prosecution or for the institution of a bill of complaint or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice of warning.
Miss. Code Ann. § 75-43-17 — MS Code / Title 75 / Chapter 12 / Section 43-17
Miss. Code Ann. § 75-43-17
Status: in_force

In case any one to whom a warehouse receipt is issued, under the provisions of this chapter, shall negotiate, assign, transfer or pledge the same to any person, individual, firm or corporation, as security for any money, credit or other obligation, and shall thereafter pay or tender the full amount due thereon to such assignee or holder for any such money or credit, and shall fulfill and discharge any such other obligation for which such warehouse receipt was negotiated, transferred or assigned, it shall then be the duty of such assignee or holder of such receipt to immediately, upon request of the person to whom the same was issued, surrender to the person to whom said receipt was issued, said warehouse receipt, together with the release of the lien thereon for which it was negotiated, assigned or pledged. Upon the failure of any such assignee or holder to surrender or release the same, he shall be fined in any sum not exceeding one hundred dollars ($100.00) and pay the cost of prosecution; and, moreover, he shall be liable to the party to whom such receipt was issued for any and all damages by him sustained.
Miss. Code Ann. § 75-56-11 — MS Code / Title 75 / Chapter 12 / Section 56-11
Miss. Code Ann. § 75-56-11
Status: in_force

Antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant shall be deemed to be adulterated:

(a) If, in the form in which it is sold and directed to be used, it would be injurious to the cooling system in which it is installed, or if, when used in such cooling system, it would make the operation of the engine dangerous to the user.

(b) If its strength, quality or purity falls below the standard of strength, quality or purity under which it is sold or offered for sale.
Miss. Code Ann. § 75-35-321 — MS Code / Title 75 / Chapter 12 / Section 35-321
Miss. Code Ann. § 75-35-321
Status: in_force

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter.
Miss. Code Ann. § 75-40-103 — MS Code / Title 75 / Chapter 12 / Section 40-103
Miss. Code Ann. § 75-40-103
Status: in_force

For the purposes of this article, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) “ Bird dealer ” shall mean any person engaged in the business of dealing in, purchasing, breeding or offering for sale, whether at wholesale or retail, any exotic or pet birds or birds customarily kept as pets. For purposes of this article, ratites, including the ostrich, the rhea and the emu, are classified as commercial birds or livestock and not as exotic or pet birds.

(b) “ Board ” shall mean the Mississippi Board of Animal Health.

(c) “ Person ” shall mean any individual, firm, partnership, corporation, estate, trust, fiduciary or other group or combination acting as a unit.

(d) “ State Veterinarian ” shall mean the officer appointed by the Board of Animal Health as provided by Section 69-15-7 .
Miss. Code Ann. § 75-39-7 — MS Code / Title 75 / Chapter 12 / Section 39-7
Miss. Code Ann. § 75-39-7
Status: in_force

Before any such chicks are offered for sale or sold, each box, crate, coop or other container shall be plainly labeled with appropriate statements designating the kind and number of chicks in each such container, the date on which such chicks were hatched and by whom hatched, and any other representations made at or prior to the time of sale relative to the purity of the breed, the freedom of such chicks from disease and such tests as shall have been made on the parent stock for pullorum disease.
Miss. Code Ann. § 75-55-13 — MS Code / Title 75 / Chapter 12 / Section 55-13
Miss. Code Ann. § 75-55-13
Status: in_force

It shall be unlawful to sell, offer or keep for sale, any lubricating oils, lubricants or mixtures of lubricants which are adulterated or falsely labeled in any particular. Reclaimed, recleaned, rerefined or previously used oils shall be plainly labeled and sold as such. The labeling and advertising appearing on any container used to store a previously used lubricating oil shall be strictly in accord with the kind of product contained therein. On the face of each sealed container containing a previously used motor or lubricating oil, the wording or sign used to indicate that the product has been previously used must be in well-balanced letters.

Labels on containers of reclaimed, recleaned, rerefined or recycled oil which meet the Society of Automotive Engineers (SAE) and American Petroleum Institute (API) classifications for current (one (1) of the previous two (2) chronological API service classifications) model year automotive engines shall be at least one-eighth ( 1 / 8 ) inch high on containers of one (1) gallon or less, and at least one-fourth ( 1 / 4 ) inch high on containers larger than one (1) gallon.

Reclaimed, recleaned, rerefined or previously used motor or lubricating oils, lubricants or mixtures of lubricants not meeting the classifications described in the preceding paragraph shall be labeled as follows: On one (1) quart containers the lettering shall not be less than three-eighths ( 3 / 8 ) inches high; on one-half ( 1 / 2 ) gallon containers the lettering shall be at least one-half ( 1 / 2 ) inch high; on one (1) gallon containers the lettering shall be at least three-fourths ( 3 / 4 ) inch high; and on five (5) gallon containers at least one (1) inch high; and on any storage can larger than five (5) gallons, a well-proportioned sign or lettering must appear with letters not less than two (2) inches high, indicating that the product has been previously used.

All tanks used for the storage of gasoline, alcohol blended fuel, other motor fuel, diesel fuel, kerosene or liquefied compressed gas, for wholesale or retail sales, shall be constructed and equipped in such manner as to allow the Commissioner of Agriculture and Commerce or his agents and employees to safely take an accurate physical inventory of the contents of such tanks at all reasonable hours.

All above ground tanks, drums or other containers used to store previously used motor or lubricating oils, before being rerefined or reprocessed, shall be marked “used oil” on a contrasting background with well-balanced letters not less than two (2) inches high.

Any person guilty of violating any of the provisions of this section shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for the first offense, and for a second or subsequent such offense, such person shall be enjoined from selling or distributing previously used motor or lubricating oil in any manner in this state for a period of not less than one (1) year nor more than five (5) years, and any judge or chancellor now authorized to grant injunctions, shall grant an injunction without notice, enjoining such person from continuing in the business, as prescribed by this section.
Miss. Code Ann. § 75-35-17 — MS Code / Title 75 / Chapter 12 / Section 35-17
Miss. Code Ann. § 75-35-17
Status: in_force

The commissioner shall cause to be made, by experts in sanitation, or by other competent inspectors, such inspection of all slaughtering, meat-canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, goats, horses, mules, and other equines are slaughtered and the meat and meat food products thereof are prepared as may be necessary to inform himself concerning the sanitary conditions of the same, and to prescribe the rules and regulations of sanitation under which such establishments shall be maintained. Where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, he shall refuse to allow said meat or meat food products to be labeled, marked, stamped, or tagged as “Mississippi inspected and passed” or appropriately marked.
Miss. Code Ann. § 75-44-33 — MS Code / Title 75 / Chapter 12 / Section 44-33
Miss. Code Ann. § 75-44-33
Status: in_force

If an application is made for an amendment to a license and no bond previously filed by the grain warehouseman under Sections 75-44-29 and 75-44-31 covers obligations arising during the period covered by such amendment, the grain warehouseman shall file with the commissioner an additional bond in such amount as may be determined by the commissioner.
Miss. Code Ann. § 75-15-1 — MS Code / Title 75 / Chapter 12 / Section 15-1
Miss. Code Ann. § 75-15-1
Status: in_force

This chapter may be cited as the “Mississippi Money Transmitters Act.”
Miss. Code Ann. § 75-29-604 — MS Code / Title 75 / Chapter 12 / Section 29-604
Miss. Code Ann. § 75-29-604
Status: in_force

(1) When a written complaint is made against a person for violation of this article, or any of the rules or regulations, the commissioner, or his designee, shall conduct a full evidentiary hearing. The complaint shall be in writing and shall be filed in the office of the department. The commissioner shall serve the accused with a copy of the complaint and a summons by any of the methods set forth in Rule 4 of the Mississippi Rules of Civil Procedure or by certified mail. Within thirty (30) days after receipt of the summons and a copy of the complaint, the accused shall file a written answer with the department. Upon receipt of the written answer of the accused, the matter shall be set for hearing before the commissioner within a reasonable time. If the accused fails to file an answer within the thirty (30) days, the commissioner may enter an order by default against the accused. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with the subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded. If the commissioner determines that the complaint lacks merit, he may dismiss same. If he finds that there is substantial evidence showing that a violation has occurred, he may impose any or all of the following penalties upon the accused: (a) levy a civil penalty in the amount of no more than Five Thousand Dollars ($5,000.00) for each violation; (b) issue a stop sale order; (c) require the accused to relabel the honey or honey products that he is offering or exposing for sale which is not labeled in accordance with this article; or (d) seize any lot of honey or honey products that is not in compliance with this article and destroy, sell or otherwise dispose of the honey and honey products and apply the proceeds of the sale to the costs and civil penalties levied with the balance to be paid to the accused. The decision of the commissioner, or his designee, shall be in writing, and it shall be delivered to the accused by certified mail.

(2) Either the accused or the department may appeal the decision of the commissioner to the circuit court of the county of residence of the accused or, if the accused is a nonresident of the State of Mississippi, to the Circuit Court of the First Judicial District of Hinds County, Mississippi. The appellant shall have the record transcribed and file it with the circuit court. The appeal shall otherwise be governed by all applicable laws and rules affecting appeals to circuit court. If no appeal is perfected within the required time, the decision of the commissioner shall then become final.

(3) The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing law and rules affecting such appeals.

(4) When any violation of this article, or the rules and regulations occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, any of the department's field inspectors, and any other persons authorized by the commissioner, may issue an order to be effective immediately before notice and a hearing that imposes any or all of the following penalties against the accused: (a) issue a stop sale order; (b) require the accused to relabel any honey or honey products that he is offering or exposing for sale and which is not labeled in accordance with this article; or (c) seize any lot of honey or honey products that is not in compliance with this article and destroy, sell or otherwise dispose of the honey or honey products and apply the proceeds of the sale to the cost and any civil penalties levied with the balance to be paid to the accused. The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him. The accused shall then have thirty (30) days after service of the order upon him within which to request an informal administrative review before the Director of the Bureau of Regulatory Services in the department, or his designee, who shall act as reviewing officer. If the accused makes a timely request, the reviewing officer shall conduct an informal administrative review within ten (10) days after the request is made. If the accused does not request an informal administrative review within the thirty (30) days, then he will be deemed to have waived his right to the review. At the informal administrative review, subpoena power shall not be available, witnesses shall not be sworn nor be subject to cross-examination and there shall be no court reporter or record made of the proceedings. Each party may present its case in the form of documents, oral statements or any other method. The rules of evidence shall not apply. The reviewing officer's decision shall be in writing, and it shall be delivered to the parties by certified mail. If either party is aggrieved by the order of the reviewing officer, he may appeal to the commissioner for a full evidentiary hearing in accordance with the procedures in subsection (1) of this section, except that there shall be no requirement for a written complaint or answer to be filed by the parties. The appeal shall be perfected by filing a notice of appeal with the commissioner within thirty (30) days after the order of the reviewing officer is served on the appealing party. The hearing before the commissioner, or his designee, shall be held within a reasonable time after the appeal has been perfected. Failure to perfect an appeal within the allotted time shall be deemed a waiver of such right.

(5) The Commissioner may publish the names and addresses of anyone who violates this article.
Miss. Code Ann. § 75-27-303 — MS Code / Title 75 / Chapter 12 / Section 27-303
Miss. Code Ann. § 75-27-303
Status: in_force

For the purposes of this article, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

(1) “Bonded weighmaster” shall mean any person engaged in the business of public weighing who shall weigh or measure any property, commodity, produce or article and issue therefor a weight certificate which shall be accepted as the true and accurate weight or measure upon which the property, commodity, produce or article is offered for sale or sold and shall be licensed by the Commissioner of Agriculture and Commerce of the State of Mississippi for such office.

(2) “Public weighing” shall mean the performance of the service of weighing or measuring and the issuing of an official certificate of weight or measure for such service for any person, upon request or otherwise, with or without compensation, of property, commodity, produce or article other than such property, commodity, produce or article being bought or sold by a bonded weigher or his or her employer.

(3) “Person” shall mean any individual, company, cooperative, partnership, corporation, firm or association.

(4) “Weighing or measuring device” shall mean any lawful device used for the weighing or measuring of any property, commodity, produce or article.

(5) “Commissioner” shall mean the Commissioner of Agriculture and Commerce of the State of Mississippi.
Miss. Code Ann. § 75-33-21 — MS Code / Title 75 / Chapter 12 / Section 33-21
Miss. Code Ann. § 75-33-21
Status: in_force

If, upon examination of any establishment, any diseased animal, or any unwholesome meat, or any unwholesome meat-food product is found, such animal or meat or product shall be condemned, properly marked or designated, and treated in such a way it cannot thereafter be used for food.
Miss. Code Ann. § 75-27-325 — MS Code / Title 75 / Chapter 12 / Section 27-325
Miss. Code Ann. § 75-27-325
Status: in_force

The provisions of this article shall be supplemental to the provisions of Sections 75-27-1 through 75-27-223 and any other laws providing for weights and measures of property; however, if any conflict arises between any provision of this article and such other laws, the provisions of this article shall control.
Miss. Code Ann. § 75-29-605 — MS Code / Title 75 / Chapter 12 / Section 29-605
Miss. Code Ann. § 75-29-605
Status: in_force

Any person violating the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment; and each such violation shall constitute a separate offense.
Miss. Code Ann. § 75-40-109 — MS Code / Title 75 / Chapter 12 / Section 40-109
Miss. Code Ann. § 75-40-109
Status: in_force

(1) Every bird dealer shall keep records sufficient to identify:

(a) Each exotic or pet bird in his possession or sold by him by species and description;

(b) The name, address and telephone number of the person from whom each such bird was acquired and, if such person is a licensed bird dealer, his license number, or if such person is not a licensed dealer, his driver's license number or social security number or federal tax identification number, if any, or other such identification as may be available;

(c) The name, address and telephone number of the person to whom each such bird is transferred and, if that person is a licensed bird dealer, his license number, or, if that person is not a licensed bird dealer, his driver's license number or social security number, if any, or other such identification as may be available; and

(d) Any bird which the dealer knows to be or have been sick or diseased or to have died.

(2) The board may require periodic reports of any or all of the records required by subsection (1) of this section and may require the keeping of additional records. All required records shall be made available for inspection by the board. Failure to keep or make available any required records shall be grounds for revocation of a license.

(3) Every bird dealer shall keep all of such records for at least one (1) year.
Miss. Code Ann. § 75-17-33 — MS Code / Title 75 / Chapter 12 / Section 17-33
Miss. Code Ann. § 75-17-33
Status: in_force

The Commissioner of Banking and Consumer Finance, upon any change in the discount rate on ninety-day commercial paper by the Federal Reserve bank of a Federal Reserve district of which this state is a part, shall (a) make an official announcement of the new discount rate on the same day as the change, or as soon thereafter as possible, (b) cause the dissemination of such announcement to the news media in such manner as he deems appropriate, and (c) file the same with the Commissioner of Insurance or his successor. The rate so determined shall be effective from the date of the official announcement of the new discount rate by the Commissioner of Banking and Consumer Finance. The Commissioner of Banking and Consumer Finance shall determine, on or before the twentieth day of each month, the index of market yields of the Monthly Twenty-Year Constant Maturity Index of Long-Term United States Government Bond Yields for the preceding calendar month and shall (a) make an official announcement of the index, (b) cause the dissemination of such announcement to the news media in such manner as he deems appropriate, and (c) file the same with the Commissioner of Insurance or his successor. The index so determined shall be effective on the first day of the next succeeding month.

In contracting for a finance charge pursuant to the provisions of Section 75-17-1 or Sections 75-17-21 and 75-17-23 , any person shall be entitled to rely conclusively upon the most recent discount rate or index officially announced by the Commissioner of Banking and Consumer Finance. The Commissioner of Banking and Consumer Finance shall acquire, keep and maintain a separate record in which he shall note or post the maximum permissible rates of finance charges available under Section 75-17-1 and Sections 75-17-21 and 75-17-23 . Each rate so determined shall be the maximum permissible rate of finance charge available under each particular section or subsection thereof, and when certified by the Commissioner of Banking and Consumer Finance shall be admissible in evidence or judicially noticed as the maximum permissible rate of finance charge under the provisions of that particular section or subsection.
Miss. Code Ann. § 75-27-27 — MS Code / Title 75 / Chapter 12 / Section 27-27
Miss. Code Ann. § 75-27-27
Status: in_force

The director shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or exposed for sale, or sold, in accordance with law; and when such packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of law, the director may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the director may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot. No person shall (1) sell or keep, offer, or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements, or (2) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner except with the specific approval of the director.
Miss. Code Ann. § 75-60-19 — MS Code / Title 75 / Chapter 12 / Section 60-19
Miss. Code Ann. § 75-60-19
Status: in_force

(1) The Commission on Proprietary School and College Registration may suspend, revoke or cancel a certificate of registration for any one (1) or any combination of the following causes:

(a) Violation of any provision of the sections of this chapter or any regulation made by the commission;

(b) The furnishing of false, misleading or incomplete information requested by the commission;

(c) The signing of an application or the holding of a certificate of registration by a person who has pleaded guilty or has been found guilty of a felony or has pleaded guilty or been found guilty of any other indictable offense;

(d) The signing of an application or the holding of a certificate of registration by a person who is addicted to the use of any narcotic drug, or who is found to be mentally incompetent;

(e) Violation of any commitment made in an application for a certificate of registration;

(f) Presentation to prospective students of misleading, false or fraudulent information relating to the course of instruction, employment opportunity, or opportunities for enrollment in accredited institutions of higher education after entering or completing courses offered by the holder of a certificate of registration;

(g) Failure to provide or maintain premises or equipment for offering courses of instruction in a safe and sanitary condition;

(h) Refusal by an agent to display his agent permit upon demand of a prospective student or other interested person;

(i) Failure to maintain financial resources adequate for the satisfactory conduct of courses of study as presented in the plan of operation or to retain a sufficient number and qualified staff of instruction; however nothing in this chapter shall require an instructor to be certificated by the Commission on Proprietary School and College Registration or to hold any type of post-high school degree;

(j) Offering training or courses of instruction other than those presented in the application; however, schools may offer special courses adapted to the needs of individual students where the special courses are in the subject field specified in the application;

(k) Accepting the services of an agent not licensed in accordance with Sections 75-60-23 through 75-60-37 , inclusive;

(l) Conviction or a plea of nolo contendere on the part of any owner, operator or director of a registered school of any felony under Mississippi law or the law of another jurisdiction;

(m) Continued employment of a teacher or instructor who has been convicted of or entered a plea of nolo contendere to any felony under Mississippi law or the law of another jurisdiction;

(n) Incompetence of any owner or operator to operate a school.

(2)(a) Any person who believes he has been aggrieved by a violation of this section shall have the right to file a written complaint within two (2) years of the alleged violation. The commission shall maintain a written record of each complaint that is made. The commission shall also send to the complainant a form acknowledging the complaint and requesting further information if necessary and shall advise the director of the school that a complaint has been made and, where appropriate, the nature of the complaint.

(b) The commission shall within twenty (20) days of receipt of such written complaint commence an investigation of the alleged violation and shall, within ninety (90) days of the receipt of such written complaint, issue a written finding. The commission shall furnish such findings to the person who filed the complaint and to the chief operating officer of the school cited in the complaint. If the commission finds that there has been a violation of this section, the commission shall take appropriate action.

(c) Schools shall disclose in writing to all prospective and current students their right to file a complaint with the commission.

(d) The existence of an arbitration clause in no way negates the student's right to file a complaint with the commission.

(e) The commission may initiate an investigation without a complaint.

(3) Hearing procedures .(a) Upon a finding that there is good cause to believe that a school, or an officer, agent, employee, partner or teacher, has committed a violation of subsection (1) of this section, the commission shall initiate proceedings by serving a notice of hearing upon each and every such party subject to the administrative action. The school or such party shall be given reasonable notice of hearing, including the time, place and nature of the hearing and a statement sufficiently particular to give notice of the transactions or occurrences intended to be proved, the material elements of each cause of action and the civil penalties and/or administrative sanctions sought.

(b) Opportunity shall be afforded to the party to respond and present evidence and argument on the issues involved in the hearing including the right of cross-examination. In a hearing, the school or such party shall be accorded the right to have its representative appear in person or by or with counsel or other representative. Disposition may be made in any hearing by stipulation, agreed settlement, consent order, default or other informal method.

(c) The commission shall designate an impartial hearing officer to conduct the hearing, who shall be empowered to:

(i) Administer oaths and affirmations; and

(ii) Regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of briefs and other documents; and

(iii) Direct the school or such party to appear and confer to consider the simplification of the issues by consent; and

(iv) Grant a request for an adjournment of the hearing only upon good cause shown.

The strict legal rules of evidence shall not apply, but the decision shall be supported by substantial evidence in the record.

(4) The commission, acting by and through its hearing officer, is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers at such hearing. Process issued by the commission shall extend to all parts of the state and shall be served by any person designated by the commission for such service. Where, in any proceeding before the hearing officer, any witness fails or refuses to attend upon a subpoena issued by the commission, refuses to testify, or refuses to produce any books and papers the production of which is called for by a subpoena, the attendance of such witness, the giving of his testimony or the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.

(5) Decision after hearing . The hearing officer shall make written findings of fact and conclusions of law, and shall also recommend in writing to the commission a final decision, including penalties. The hearing officer shall mail a copy of his findings of fact, conclusions of law and recommended penalty to the party and his attorney, or representative. The commission shall make the final decision, which shall be based exclusively on evidence and other materials introduced at the hearing. If it is determined that a party has committed a violation, the commission shall issue a final order and shall impose penalties in accordance with this section. The commission shall send by certified mail, return receipt requested, a copy of the final order to the party and his attorney, or representative. The commission shall, at the request of the school or such party, furnish a copy of the transcript or any part thereof upon payment of the cost thereof.

(6) Civil penalties and administrative sanctions .(a) A hearing officer may recommend, and the commission may impose, a civil penalty not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for any violation of this section. In the case of a second or further violation committed within the previous five (5) years, the liability shall be a civil penalty not to exceed Five Thousand Dollars ($5,000.00) for each such violation.

(b) Notwithstanding the provisions of paragraph (a) of this subsection, a hearing officer may recommend and the commission may impose a civil penalty not to exceed Twenty-five Thousand Dollars ($25,000.00) for any of the following violations: (i) operation of a school without a registration in violation of this chapter; (ii) operation of a school knowing that the school's registration has been suspended or revoked; (iii) use of false, misleading, deceptive or fraudulent advertising; (iv) employment of recruiters on the basis of a commission, bonus or quota, except as authorized by the commission; (v) directing or authorizing recruiters to offer guarantees of jobs upon completion of a course; (vi) failure to make a tuition refund when such failure is part of a pattern of misconduct; or (vii) violation of any other provision of this chapter, or any rule or regulation promulgated pursuant thereto, when such violation constitutes part of a pattern of misconduct which significantly impairs the educational quality of the program or programs being offered by the school. For each enumerated offense, a second or further violation committed within the previous five (5) years shall be subject to a civil penalty not to exceed Fifty Thousand Dollars ($50,000.00) for each such violation.

(c) In addition to the penalties authorized in paragraphs (a) and (b) of this subsection, a hearing officer may recommend and the commission may impose any of the following administrative sanctions: (i) a cease and desist order; (ii) a mandatory direction; (iii) a suspension or revocation of a certificate of registration; (iv) a probation order; or (v) an order of restitution.

(d) The commission may suspend a registration upon the failure of a school to pay any fee, fine or penalty as required by this chapter unless such failure is determined by the commission to be for good cause.

(e) All civil penalties, fines and settlements received shall accrue to the credit of the Commission on Proprietary School and College Registration.

(7) Any penalty or administrative sanction imposed by the commission under this section may be appealed by the school, college or other person affected to the Mississippi Community College Board as provided in Section 75-60-4(3) , which appeal shall be on the record previously made before the commission's hearing officer. All appeals from the Mississippi Community College Board shall be on the record and shall be filed in the Chancery Court of the First Judicial District of Hinds County, Mississippi.
Miss. Code Ann. § 75-56-23 — MS Code / Title 75 / Chapter 12 / Section 56-23
Miss. Code Ann. § 75-56-23
Status: in_force

Nothing in this chapter shall be construed as requiring the commissioner to report for prosecution or for institution of libel proceedings, minor violations of the chapter whenever he believes that the public interest will be best served by a suitable notice of warning in writing to the registrant or the person whose name and address appears on the label.
Miss. Code Ann. § 75-49-9 — MS Code / Title 75 / Chapter 12 / Section 49-9
Miss. Code Ann. § 75-49-9
Status: in_force

(1) After July 1, 1992, every manufacturer, every transporter or installer, developer and every retailer who sells, manufactures, transports or installs new or used factory-built homes within the State of Mississippi shall apply for and obtain a license from the commissioner.

(2) If a factory-built home is new, the applicant shall certify in the application to the commissioner that the applicant will comply with the construction standards set forth under rules and regulations provided in Section 75-49-5 herein, and that the applicant has obtained a current and valid tax identification number.

(3) Applications shall be obtained from and submitted to the commissioner on forms prescribed by the commissioner.

(4) The original license fee and all annual renewals thereof shall be Two Hundred Fifty Dollars ($250.00) for manufacturing plants that build manufactured homes and Two Hundred Fifty Dollars ($250.00) for manufacturing plants that manufacture modular homes located within or without the State of Mississippi manufacturing or delivering homes for sale within the State of Mississippi and One Hundred Fifty Dollars ($150.00) per manufactured home and/or modular home retailer location and developer location and modular home contractor within the State of Mississippi. The licensing fee for a manufactured home and/or modular home independent contractor transporter or installer is One Hundred Dollars ($100.00) for each company. The fee for modular home plan review shall be Four Hundred Dollars ($400.00) per floor plan; however, this fee shall not apply to any modular home plan reviews completed before July 1, 1998. Except as otherwise provided in subsection (10) of this section, the license shall be valid for a period of one (1) year from the date of issuance, or until revoked as provided herein.

(5) After July 1, 1992, every manufacturer, transporter or installer or seller who first sells, manufactures, transports or installs a new or used factory-built home in this state, before such first construction, sale, transportation or installation shall apply for and obtain a license from the commissioner. The fee shall be paid to the commissioner in such manner as the commissioner may by rule require. All funds received by the commissioner shall be deposited in a special fund account in the State Treasury to the credit of the Department of Insurance.

(6) Every manufacturer of manufactured homes in the state shall pay a monitoring inspection fee to the Secretary of Housing and Urban Development, or the secretary's agent, for each manufactured home produced in the state by the manufacturer. The fee shall be in an amount established by the secretary pursuant to the National Manufactured Home Construction and Safety Standards Act of 1974, 42 USCS 5401 et seq. and as amended by the Manufactured Housing Improvement Act of 2000. The portion of the fee which is returned to the state shall be deposited by the commissioner in a special fund account in the State Treasury to the credit of the Department of Insurance.

(7) The commissioner shall investigate and examine all applicants for all licenses by holding such hearings as he shall deem necessary or conducting investigations or examinations, or any combination thereof, as to the fitness or expertise of the applicant for the type of license for which the applicant applied. A license shall be granted only to a person who bears a good reputation for honesty, trustworthiness, integrity and competency to transact the business in such a manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commissioner.

(8) The commissioner shall take all applicants under consideration after having examined them through oral or written examinations, or both, before granting any license. If the applicant is an individual, examination may be taken by his personal appearance for examination or by the appearance for examination of one or more of his responsible, full-time managing employees; and if a partnership or corporation or any other type of business or organization, by the examination of one or more of the responsible, full-time managing officers or members of the executive staff of the applicant's firm. Every application by an individual for a license to sell, transport or install new or used mobile, manufactured and modular homes shall be verified by the oath or affirmation of the applicant, and every such application by a partnership or corporation shall be verified by the oath or affirmation of a partner or an officer thereof. The applications for licenses shall be in such form and detail as the commissioner shall prescribe.

(9) The holder of any valid license issued by the commissioner on July 1, 1988, shall be automatically issued an equivalent license in the same category for which his previous license was issued if the licensee is in compliance with this chapter.

(10) Beginning July 1, 1988, every license issued under this chapter shall be issued annually and shall expire on June 30 following the date upon which it was issued. License fees shall not be prorated for the remainder of the year in which the application was made but shall be paid for the entire year regardless of the date of the application. The commissioner shall, on or before April 30, 1989, and on or before April 30 of each succeeding year thereafter, forward a “Notice of Renewal,” by regular United States mail, to each licensee at his or its last known post office address. After depositing the “Notice of Renewal” in the United States mail, the commissioner shall have no other duty or obligation to notify the licensee of the expiration of his or its annual license. The failure of the licensee to obtain a renewal license on or before June 30 of the ensuing license period shall act as an automatic suspension of the license unless the commissioner, for good cause shown in writing and the payment of an amount equal to double the renewal fee for said delinquency, lifts the suspension and issues the renewal license. During the period of suspension any practice by the licensee under the color of such license shall be deemed a violation of this chapter. Annual renewals of a retailer's license shall require, as a condition precedent, that the retailer verify by oath or affirmation that he maintains a retail sales lot in accordance with all rules and regulations promulgated by the commissioner and that the lot has three (3) or more new or used factory-built homes located thereon for retail sale as a residential dwelling or for any other use at the time of application.

(11) The commissioner may enter into an agreement with the Secretary of Housing and Urban Development to establish or implement an installation program that meets the requirements set by the Secretary of Housing and Urban Development, or the secretary's agent, pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USCS 5401 et seq., and as amended by the Manufactured Housing Improvement Act of 2000, may conduct installation inspections under this program, may charge an installation inspection fee in an amount established by the secretary, and may contract with a third party to assist with the implementation and enforcement of this program.
Miss. Code Ann. § 75-43-35 — MS Code / Title 75 / Chapter 12 / Section 43-35
Miss. Code Ann. § 75-43-35
Status: in_force

(1) In the absence of any contrary contractual agreement between the parties, it shall be the duty of the farm warehouseman to redeem a warehouse receipt within ten (10) days of the demand for the redemption of such receipt. Any holder of a warehouse receipt issued to a farm warehouseman by the commissioner, who has made demand for redemption of such receipt, which demand was, without lawful excuse, not satisfied within ten (10) days, shall notify the commissioner in writing and shall have the right to bring action against the farm warehouseman and the surety on the farm warehouseman's bond for payment of the market value of the grain represented by such warehouse receipt, such market value to be determined as of the date of the demand, plus legal interest accrued from the date of the demand. The surety has the responsibility to pay within fifteen (15) days following receipt by the surety of the notice of the demand for redemption. In the event the farm warehouseman is a self-insurer, as provided in Section 75-43-29 , the holder of a warehouse receipt shall have the right to bring action against the farm warehouseman to the extent of the amount posted in lieu of the bond. The commissioner shall pay to the holder of the warehouse receipt, to the extent of the bond posted, any judgment obtained by the holder of a warehouse receipt against a self-insurer. The commissioner may also pay to the holder of a warehouse receipt the amount of the market value of the grain, provided that the farm warehouseman agrees to such payment; provided, however, the license of the farm warehouseman shall be suspended upon such payment until such time as the warehouseman posts a bond as provided in this chapter, or posts with the commissioner a sum equivalent to that paid by the commissioner on behalf of such warehouseman.

(2) In all actions in which judgment is rendered against any surety company under the provisions of this section, if it appears from evidence that the surety company has wilfully and without just cause refused to pay the loss upon demand, the court, in rendering judgment, shall allow the plaintiff the amount of the plaintiff's expenses, including court costs and attorney's fees, to be recovered and collected as part of the costs. The amount of any payment of costs and attorney's fees under this subsection will not reduce the surety's remaining liability on its bond.
Miss. Code Ann. § 75-15-15 — MS Code / Title 75 / Chapter 12 / Section 15-15
Miss. Code Ann. § 75-15-15
Status: in_force

Each licensee shall pay to the commissioner with his initial application a license fee of Seven Hundred Fifty Dollars ($750.00), and annually thereafter on or before April 1 of each year, a renewal fee of Four Hundred Dollars ($400.00), plus Fifty Dollars ($50.00) for each location in excess of one (1) in Mississippi through which the licensee plans to conduct money transmissions during the license year for which the fee is paid, provided that in no event shall the annual renewal fee exceed One Thousand Dollars ($1,000.00).
Miss. Code Ann. § 75-56-9 — MS Code / Title 75 / Chapter 12 / Section 56-9
Miss. Code Ann. § 75-56-9
Status: in_force

On or before the first day of July of each year, and before any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant, may be distributed, for the permit year beginning July 1, the manufacturer, packager or person whose name appears on the label shall make application to the State Chemist on forms provided by the latter for registration for each brand of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant, which he desires to distribute. The application shall be accompanied by specimens or facsimiles of labeling for all container sizes of each brand to be distributed, and by a properly labeled sample of the product. The State Chemist or his designated employees shall inspect, test or analyze the product and review the labeling. Upon request of the State Chemist or his designated employees, any registrant or his representative shall provide documentation of any claim made upon the label or labeling for any of his products regulated by this chapter and sold or offered for sale in the state. If the product is not adulterated or misbranded, if it meets the standards established by this chapter and if the product is not in violation of this chapter, the State Chemist or his designated employees shall issue a certificate of registration authorizing the distribution of such product in this state for the permit year. If the product is adulterated or misbranded, if it fails to meet the standards established by this chapter or if it is in violation of this chapter, the State Chemist or his designated employees shall refuse to register the product and shall return the application to the applicant stating how the product or labeling is not in conformity. If the State Chemist or his designated employees shall, at a later date, find that a properly registered antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant has been materially altered or adulterated, or a change has been made in the name, brand or trademark under which the product is sold, or that it violates the provisions of this chapter, he shall notify the applicant that the license authorizing sale of the product is canceled. No antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant license shall be canceled unless the registrant shall have been given an opportunity for a hearing before the State Chemist to modify his application in order to comply with the requirements of this chapter.
Miss. Code Ann. § 75-57-5 — MS Code / Title 75 / Chapter 12 / Section 57-5
Miss. Code Ann. § 75-57-5
Status: in_force

Unless the context otherwise requires, the definitions which follow govern the construction and meanings of the terms used in this chapter:

(a) “Liquefied compressed gas” means both liquefied petroleum gas and anhydrous ammonia when the latter is used exclusively for commercial fertilizer.

(b) “Liquefied petroleum gas” means any material having a vapor pressure not exceeding that allowed for commercial propane, composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane (normal butane or isobutane) and butylene (including isomers).

(c) “Natural gas and compressed natural gas” means any gaseous mixture containing primarily methane.

(d) “Anhydrous ammonia” means the compound formed by the combination of the two (2) gaseous elements, nitrogen and hydrogen, in the proportions of one (1) part of nitrogen to three (3) parts of hydrogen by volume. Anhydrous ammonia is ammonia gas in compressed and liquefied forms. It is not to be confused with aqueous ammonia, which is a solution of ammonia gas in water.

Both liquefied petroleum gas and anhydrous ammonia are gaseous at normal atmospheric temperatures and pressures but are readily liquefiable by the application of moderate pressures.

(e) “Natural gas carburetion system” means any compressed natural gas carburetion system.

(f) “Natural gas fueling system” means an assembly consisting of compressors, containers, piping and other delivery devices for the purpose of compressing natural gas for use as a fuel in a motor vehicle and thereafter storing and/or dispensing the compressed natural gas for such use.

(g) “Installer” means any person who has satisfactorily passed an examination under the supervision of the Commissioner of Insurance testing his knowledge and ability to install or repair properly domestic systems, industrial systems, liquefied petroleum gas carburetion systems, natural gas carburetion systems, bulk plant systems, standby plant systems, anhydrous ammonia systems, or other similar systems and who holds an installer's certificate as provided in this chapter.

(h) “Container” means any vessel, including cylinders, tanks, portable tanks and cargo tanks, used for the transporting or storing of the liquefied compressed gases or compressed natural gas, except containers which are subject to inspection under federal laws or regulations.

(i) “Compressed gas” means any material or mixture having in the container an absolute pressure exceeding forty (40) pounds per square inch absolute at seventy (70) degrees Fahrenheit or, regardless of the pressure, at seventy (70) degrees Fahrenheit, having an absolute pressure exceeding one hundred four (104) pounds per square inch absolute at one hundred thirty (130) degrees Fahrenheit.

(j) “Flammable liquid” means any liquid having a closed cup flash point below one hundred four (104) degrees Fahrenheit and having a vapor pressure not exceeding forty (40) pounds per square inch absolute at one hundred (100) degrees Fahrenheit.

(k) “Gas appliance” means any device which utilizes gas to produce light, heat, power, refrigeration or air conditioning.

(l) “System” means an assembly consisting of one or more containers with a means for conveying liquefied compressed gas or compressed natural gas from the container or containers to dispensing or consuming devices (either continuously or intermittently) and which incorporates components intended to achieve control of quantity, flow, pressure or state (either liquid or vapor). Agricultural implements and commercial installations used in refrigeration plants are excluded where anhydrous ammonia is used.

(m) “Atmospheric pressure container” means any container for the refrigerated storage of liquefied anhydrous ammonia designed for a maximum working pressure of fifteen (15) pounds per square inch gauge or less and having a water capacity in excess of seven hundred thousand (700,000) gallons.

(n) “Distributor” means any person who is engaged in the distribution of liquefied compressed gases, either wholesale or retail. Also included under this definition are “commercial carriers,” as identified by the Interstate Commerce Commission, who transport or haul liquefied compressed gases which are to be distributed or sold within this state.

(o) “Person” means any individual, firm, partnership, joint venture, association, corporation, estate, trust or any other group or combination acting as a unit, and includes the plural as well as the singular in number. “Person” shall include husband or wife or both where joint benefits are derived from the operation of a business or activity covered under this chapter. “Person” shall include any state, county, municipality or other agency engaged in a business or activity covered under this chapter.
Miss. Code Ann. § 75-27-213 — MS Code / Title 75 / Chapter 12 / Section 27-213
Miss. Code Ann. § 75-27-213
Status: in_force

The person who is responsible for the weighing and recording of weights of animals sold at such barns shall be known as a weigher. Each weigher, or any person so designated by the owner or weigher, shall be bonded in the penal sum of one thousand dollars ($1,000.00) with sureties to be approved by the secretary of state for the faithful performance of the duties of his office.
Miss. Code Ann. § 75-40-107 — MS Code / Title 75 / Chapter 12 / Section 40-107
Miss. Code Ann. § 75-40-107
Status: in_force

Bird dealers' licenses shall be issued by the board for a period of one (1) year and shall be annually renewable. The board may establish separate classes of licenses, including wholesale and retail licenses. The board shall fix fees for licenses so that the revenue derived therefrom shall approximate the total direct and indirect costs of administering this article; provided, however, that the annual cost of a wholesale license shall not exceed Twenty-five Dollars ($25.00) and the annual cost of a retail license shall not exceed Ten Dollars ($10.00).
Miss. Code Ann. § 75-45-191 — MS Code / Title 75 / Chapter 12 / Section 45-191
Miss. Code Ann. § 75-45-191
Status: in_force

Any person who uses to his own advantage, or reveals to other than the commissioner and state chemist, or officers of the Mississippi Department of Agriculture and Commerce and Mississippi State Chemical Laboratory, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this article, concerning any method, record, formulation or process which as a trade secret is entitled to protection, is guilty of a misdemeanor and shall be punished according to law. In addition to the criminal remedy set forth herein, remedies for misappropriation of a trade secret shall be governed by the Mississippi Uniform Trade Secrets Act, Sections 75 - 26 -1 through 75-26-19. This prohibition shall not be deemed as prohibiting the commissioner and state chemist, or their duly authorized agents, from exchanging information of a regulatory nature with duly appointed officials of the United States Government, or of other states, who are similarly prohibited by law from revealing this information.
Miss. Code Ann. § 75-26-9 — MS Code / Title 75 / Chapter 12 / Section 26-9
Miss. Code Ann. § 75-26-9
Status: in_force

If (a) a claim of misappropriation is made in bad faith, (b) a motion to terminate an injunction is made or resisted in bad faith or (c) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
Miss. Code Ann. § 75-15-25 — MS Code / Title 75 / Chapter 12 / Section 15-25
Miss. Code Ann. § 75-15-25
Status: in_force

Whenever the bond or securities deposit required under Section 75-15-11 is less than Five Hundred Thousand Dollars ($500,000.00), the licensee may not at any time have a total amount in outstanding money transmissions or checks in Mississippi, in excess of the bond or securities deposit required of him under Section 75-15-11 , and the licensee shall, in accordance with rules and regulations promulgated by the commissioner under this chapter, submit a written report to the commissioner on the last business day of each month regarding his money transmissions outstanding in Mississippi, whether issued by himself or through agents, provided that this limitation shall be the principal sum of the bond or the market value of the securities deposit required of the licensee under Section 75-15-11 , and the sum of this limitation shall not be increased by any bond or securities deposit increase required by the commissioner under Section 75-15-29 or by deposit of any revocation order, suspension bond or securities deposit under Section 75-15-27 .
Miss. Code Ann. § 75-55-37 — MS Code / Title 75 / Chapter 12 / Section 55-37
Miss. Code Ann. § 75-55-37
Status: in_force

(1) The commissioner or his duly appointed representatives shall have the right to request an inspection of any pump, truck, or other equipment, and if upon such inspection any such pump, truck, or other equipment is found to be inaccurate to the extent that a test thereof shows a deficiency of more than twenty-five (25) cubic inches on a five (5) gallon measurement, or if the right to inspect any such pump, truck, or other equipment is refused or denied the commissioner, or his duly authorized representatives, he or they shall have the right to immediately close and lock said pump and other equipment or to seal same with the commissioner's seal. If such pump, truck, or other equipment is found to be inaccurate but the deficiency is twenty-five (25) cubic inches or less on a five (5) gallon measurement, then the commissioner or his representative shall give the owner or operator thereof forty-eight (48) hours within which to correct such inaccuracy and if such person fails or refuses to correct same within said period then the commissioner or his representative shall have the right to lock and seal such pump or other equipment in the same manner as provided above.

It shall be prima facie presumed upon any refusal to allow the right to inspect that the pump, truck, or other equipment sought to be inspected is inaccurate to the extent set forth above, or is operating in violation of this chapter. When any such pump or other equipment is locked or sealed, it may not be unlocked or the seal thereon broken except in the presence of a mechanic or other person called for the purpose of repairing the inaccuracy in the machinery of such pump or other equipment, and such inaccuracy shall be immediately thereafter repaired, and the pump or other equipment properly regulated. The commissioner may, in his discretion, require an affidavit from the mechanic repairing such pump or other equipment, or any other proof which he may deem advisable to the effect that said pump was unlocked or the seal thereon broken in the presence of such mechanic, and that the inaccuracies therein were thereupon completely repaired or regulated.

When a state or factory seal is broken on the measuring adjustment device on a retail pump, it shall be the duty of the station operator to notify the commissioner by United States mail, within twenty-four (24) hours, after the breaking of said seal. After the commissioner has received written notice as herein provided and he or his agent has resealed the measuring adjustment device on the pump or pumps at this station, it shall be unlawful for the owner or operator of the station or any of his employees to break a state or factory seal on the measuring adjustment device on any pump at the station during the ensuing ninety (90) days without the prior approval of the commissioner or his agent.

The State of Mississippi shall have a lien on all pumps, trucks, and other equipment used by any distributor, or other person, in the operation of his business for any tax or penalty due the State of Mississippi because of any violation of this chapter. Such lien shall be paramount to any and all private liens and all the provisions set out in Chapter 7, Title 85, Mississippi Code of 1972 , shall be applicable herein for the purpose of securing the enforcement of said lien, and particularly the right to secure the issuance of a writ of summons and seizure and proceedings had and done after the issuance of said writ shall be applicable. Provided, however, that the commissioner shall not be required to give any bond in any such case.

Any person or officer, agent or employee thereof who shall violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Hundred Dollars ($100.00) for the first offense and not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00) for each subsequent offense or imprisonment in the county jail for a period not to exceed ninety (90) days or both.

(2) If a person who, by himself, by his agent, or as the servant or agent of another person commits a violation of this chapter, the commissioner or his designee may impose any, all or a combination of the following penalties:

(a) A stop sale order for any engine fuel, nonengine fuel, automotive lubricant or any other petroleum product not in compliance with this chapter. A remand of the stop sale order may be issued if the engine fuel, nonengine fuel, automotive lubricant or petroleum product is brought into full compliance with this chapter. The stop sale order may be appealed to the commissioner or his designee within twenty (20) days from the receipt of the order.

(b) A warning letter for violations of this chapter.

(c) A civil penalty of not more than Three Thousand Dollars ($3,000.00) per violation. A person may request an administrative hearing within thirty (30) days of receipt of the notice of the penalty. The commissioner or his designee shall conduct a hearing after giving reasonable notice to the person. The decision may be appealed to the Circuit Court of the First Judicial District of Hinds County.

(3) If the person has exhausted his administrative appeals, he shall pay the civil penalty within thirty (30) days after the effective date of the final decision. If the person fails to pay the penalty, the commissioner may bring a civil action in any court of competent jurisdiction to recover the penalty.

(4) The commissioner is authorized to suspend, revoke and/or permanently deny a registration under the Petroleum Products Inspection Law of Mississippi to any person, firm, corporation or other organization determined to be guilty of two (2) or more violations per location, per year, of the Petroleum Products Inspection Law of Mississippi and the rules and regulations in force pursuant thereto.

(5) In lieu of, or in addition to, the penalties provided above, the commissioner and the State Chemist shall have the power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of the Petroleum Products Inspection Law of Mississippi and the rules and regulations in force pursuant thereto, in the appropriate circuit, chancery, county or justice court in which venue may lie. The commissioner and the State Chemist may obtain mandatory or prohibitory injunctive relief, whether temporary or permanent, and it shall not be necessary for the state to post a bond or prove that no adequate remedy is available at law.

(6) All penalties assessed by the commissioner under this section shall be deposited in the State General Fund.
Miss. Code Ann. § 75-55-41 — MS Code / Title 75 / Chapter 12 / Section 55-41
Miss. Code Ann. § 75-55-41
Status: in_force

The testing methods of Chapter 450, Laws of 1990, 1 are meant for referee purposes only and manufacturers shall not be limited by the testing methods provided herein.
Miss. Code Ann. § 75-55-5 — MS Code / Title 75 / Chapter 12 / Section 55-5
Miss. Code Ann. § 75-55-5
Status: in_force

The words, terms and phrases as used in this chapter shall have the following meanings, unless the context requires otherwise:

(a) The term “ commissioner ” means the Commissioner of the Mississippi Department of Agriculture and Commerce, or his agents and employees.

(b) The term “ State Chemist ” means the Director of the Mississippi State Chemical Laboratory, or his agents and employees.

(c) The term “ ASTM ” means an international voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge.

(d) The term “ person ” shall include any individual, firm, copartnership, joint venture, association, corporation, estate, trust or any other group or combination acting as a unit, and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context.

(e) The term “ illuminating oil ” shall include coal oil, kerosene or other petroleum products used for illuminating purposes.

(f) The term “ lubricating oil ” means all petroleum-based oils or synthetic lubricants intended for use in the crankcase of an internal combustion engine, either spark ignition or diesel type. The purpose of the lubricating oil is to reduce friction between two (2) solid surfaces moving relative to one another.

(g) The term “ gasoline pump ” shall include pumps, meters and all measuring devices used for measuring gasoline and all oxygenated blended fuels; the term “ diesel fuel pump ” shall include pumps, meters and all measuring devices used for measuring diesel fuel; the term “ kerosene pump ” shall include pumps, meters and all measuring devices used for measuring kerosene; the term “ liquefied compressed gas pump ” shall include pumps, meters and all measuring devices used for measuring liquefied compressed gas.

(h) The term “ gasoline ” shall include (i) all products commonly or commercially known or sold as gasoline (excluding casing head and absorption or natural gasoline) regardless of their classification or uses; and (ii) a volatile mixture of liquid hydrocarbons, generally containing small amounts of additives, suitable for use as a fuel in spark ignition, internal combustion engines.

(i) The term “ commercial gasoline ” shall mean a liquid suitable for use as a fuel in spark ignition combustion engines, and shall be free of undissolved water, suspended matter and of any harmful ingredient or component and which, in addition, meets the following test requirements as set out in ASTM D4814, and it shall be the intent of this chapter that the state specifications may be kept current with ASTM D4814 as illustrated below:

(i) Corrosion ASTM D130. A clean copper strip shall not show more than extremely slight discoloration equivalent to ASTM Strip No. 1, when submerged in the gasoline for three (3) hours at one hundred twenty-two degrees (122°) Fahrenheit, as determined by ASTM D130.

(ii) Distillation range. For each month the distillation range shall be that specified by the vapor pressure class requirement for that month. Distillation temperature limits shall be consistent with the corresponding vapor pressure class during the months affected by federal or state regulation which restrict vapor pressure. If the vapor pressure limit is between two (2) classes, the distillation temperature limits of the least restrictive class shall be acceptable. The method of test shall be ASTM D86.

(iii) Residue. The residue, after evaporation, shall not exceed two percent (2%), as determined by ASTM D86.

(iv) Gum test. The gum shall not exceed five (5) milligrams per one hundred (100) milliliters, after the extraction of the residue with a-heptane, as determined by ASTM D381.

(v) Sulphur. The sulphur content shall not exceed ten one-hundredths percent (0.10%) for unleaded gasoline or fifteen one-hundredths percent (0.15%) for leaded gasoline, as determined by ASTM D2622 or D4045.

(vi) Vapor pressure. The vapor pressure during the months of July and August shall not exceed ten (10) pounds per square inch at one hundred degrees (100°) Fahrenheit, and during the months of November, December, January, February and March shall not exceed thirteen and one-half (13- 1 / 2 ) pounds per square inch at one hundred degrees (100°) Fahrenheit.

The vapor pressure during the remaining months of the year shall not exceed eleven and five-tenths (11.5) pounds per square inch at one hundred degrees (100°) Fahrenheit. The method of determination shall be ASTM D4953. Federal or state regulation restricting vapor pressure to lower levels shall preempt these standards during the applicable months.

(vii) Vapor liquid equilibrium. A maximum value of twenty (20) for the vapor liquid equilibrium test during the months July and August shall be obtained at a temperature of one hundred thirty-three degrees (133°) Fahrenheit; for the months of November, December, January, February and March it shall be obtained at a temperature of one hundred sixteen degrees (116°) Fahrenheit; for the other months of the year it shall be obtained at one hundred twenty-four degrees (124°) Fahrenheit. The method of determination shall be ASTM D2533 or ASTM D4814, appendix X2.

(viii) Lead specifications. The unleaded gasoline shall contain less than five hundredths (0.05) gram of lead per gallon, and the leaded gasoline shall contain a minimum of five hundredths (0.05) gram of lead and less than four and two-tenths (4.2) grams of lead per gallon. The method of analysis should be ASTM D3237, (Atomic Absorption Spectrometry), ASTM D2599 (X-ray Spectrometry) or ASTM D2547 (Volumetric Chromate).

(ix) Classification.

1. “Leaded premium grade gasoline” shall have an (R + M)/2 octane antiknock index of at least ninety-three (93). The research octane number shall be at least ninety-six (96).

2. “Unleaded premium grade gasoline” shall have an (R + M)/2 octane antiknock index of at least ninety-one (91). The research octane number shall be at least ninety-four (94).

3. “Mid-grade unleaded gasoline” shall have an (R + M)/2 octane antiknock index of at least eighty-nine (89). The research octane number shall be at least ninety-two (92).

4. “Leaded regular grade gasoline” shall have an (R + M)/2 octane antiknock index of at least eighty-nine (89). The research octane number shall be at least ninety (90).

5. “Unleaded regular grade gasoline” shall have an (R + M)/2 octane antiknock index of at least eighty-seven (87). The research octane number shall be at least ninety (90), and the motor octane number shall be at least eighty-two (82).

6. “Third-grade gasoline” shall have an (R + M)/2 octane antiknock of not more than eighty-seven (87).

The methods of octane determination shall be ASTM D2699 for the research octane number (R) and ASTM D2700 for the motor octane number (M), or ASTM D2885 for both the research octane number and the motor octane number. The (R + M)/2 octane antiknock index shall be the average of the research and motor octane numbers. All retail pumps or delivery devices shall be labeled with the appropriate (R + M)/2 octane antiknock index in accordance with the Federal Trade Commission Octane Posting and Certification Regulation 306. No commercial gasoline shall be colored mahogany.

(j) The term “ oxygenated fuel ” means a liquid fuel which is a homogeneous blend of hydrocarbons and oxygenates. The term “ oxygenate ” means an oxygen containing ashless organic compound which may be used as a fuel supplement or additive and includes alcohols and ethers. “ Gasoline-oxygenate blend ” means a blend consisting primarily of gasoline and a substantial amount of one or more oxygenates. This definition includes, but is not limited to, the following designations:

(i) “ Gasohol ” meaning any motor fuel containing a nominal ten (10) volume percent anhydrous denatured alcohol and ninety (90) volume percent unleaded gasoline, regardless of other name, label or designation.

(ii) “ Leaded gasohol ” meaning any motor fuel containing a nominal ten (10) volume percent anhydrous, denatured ethanol and ninety (90) volume percent leaded gasoline, regardless of other name, label or designation.

(iii) Any gasoline-oxygenate blend which meets the United States Environmental Protection Agency's “substantially similar” rule, Section 211(f)(1) of the Clean Air Act, 42 USCS 7545(f)(1) .

(iv) Any gasoline-oxygenate blend for which there is an existing Clean Air Act waiver issued by the United States Environmental Protection Agency.

(k) “ Alcohol blended fuel ” means gasohol or leaded gasohol.

(l) “ Anhydrous, denatured ethyl alcohol (ethanol) ” means normal two hundred (200) proof ethanol to which has been added a maximum of five (5) volumes of approved denaturant(s) to one hundred (100) volumes of ethanol and containing not more than one and twenty-five hundredths percent (1.25%) water by weight as determined by ASTM E203.

(m) “ Approved denaturant(s) ” means materials used for denaturing ethyl alcohol for use as a motor fuel which have been approved by the United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, and both the State Chemist and the Commissioner of Agriculture and Commerce. Gasoline-oxygenate blends shall meet the specifications set forth in the most recent edition of the Annual Book of ASTM standards and supplements thereto, and revisions thereof, except where amended or modified by the Commissioner and State Chemist.

(n) The term “ oil ” as used in this chapter shall include diesel fuel, kerosene, fuel oil, distillate, gas oil, tractor fuel or any other product other than gasoline, as defined in this chapter, which is usable as fuel in an internal combustion engine, and any product which, on distillation in accordance with the method of test of the American Society for Testing and Materials shows not more than ten percent (10%) recovered when the thermometer shows two hundred sixty-one degrees (261°) Fahrenheit; and not more than ninety-five percent (95%) recovered when the thermometer shows four hundred sixty-five degrees (465°) Fahrenheit or more; provided that nothing in this paragraph shall be construed to include oils received or sold as lubricants when such oils cannot be used as a fuel in internal combustion engines.

(o) “ Diesel fuel ” is any petroleum product intended for use or offered for sale as a fuel for engines in which the fuel is injected into the combustion chamber and ignited by pressure without the presence of an electric spark.

Specifications: The fuel oils herein specified shall be hydrocarbon oils free from acids, grit and fibrous or other foreign material. Three (3) grades of such oils are specified and these shall conform to the detailed requirements in the current American Society for Testing and Materials Specifications for Diesel Fuel Oils (ASTM D975), except for the sulphur content of Grade 2-D. All tests shall be in accordance with the applicable American Society for Testing and Materials method as set forth in the current ASTM Designation D975. Diesel fuel requirements are listed below:

Grade 1-D

Grade 2-D

Grade 4-D

Flash point, degrees F. D93

Min. 100

Min. 125

Min. 130

Water & sediment,

% by volume, D1796

Max. 0.05

Max. 0.05

Max. 0.5

Carbon residue on 10%

residium, % D524

Max. 0.15

Max. 0.35

Ash, % by weight, D482

Max. 0.01

Max. 0.01

Max. 0.1

Distillation, 90% point,

degrees F., D86

Min. 540

Max. 550

Max. 640

Viscosity @ 100 degrees F.

kinematic-centistokes

D445

Min. 1.3

Min. 2.0

Min. 5.5

or

Max. 2.4

Max. 4.1

Max. 24.0

Viscosity @ 100 degrees F.

Saybolt Universal Sec.

Min. 32.6

Min. 45

Max. 34.4

Max. 40.1

Max. 125

Sulphur, % by weight, D129

Max. 0.5

Max. 1.0

Max. 2.0

Copper strip corrosion, D130

Max. No. 3

Max. No. 3

Cetane number, D613 or D976

Min. 40

Min. 40

Min. 30

(p) The word “ kerosene ” shall include lamp oil, illuminating oil and coal oil which shall conform to the detailed requirements set forth in the current American Society for Testing and Materials Specification for Kerosene (ASTM D3699). All tests shall be in accordance with the applicable American Society for Testing and Material Methods as set forth in ASTM D3699. The detailed requirements are listed below:

(i) The oil shall be free of water and suspended matter.

(ii) The color shall not be darker than number plus sixteen (16) on the Saybolt scale, as determined by ASTM D156.

(iii) The flash point shall, by ASTM D56, not be lower than one hundred degrees (100°) Fahrenheit when determined in Tagliabue closed type tester, as determined by ASTM D56.

(iv) The sulphur content shall not exceed four one-hundredths percent (0.04%) for No. 1-K kerosene and thirty one-hundredths percent (0.30%) for No. 2-K kerosene. The method of determination shall be ASTM D1266. No. 1-K kerosene is a special low-sulphur grade kerosene suitable for use in nonflue-connected kerosene burner appliances and in wick-fed illuminating lamps. No. 2-K kerosene is suitable for use in flue-connected burner appliances and in wick-fed illuminating lamps.

(v) The distillation ten percent (10%) point shall not be higher than four hundred one degrees (401°) Fahrenheit, as determined by ASTM D86.

(vi) The distillation end point shall not be higher than five hundred seventy-two degrees (572°) Fahrenheit, as determined by ASTM D86.

(vii) The oil shall not show a cloud point at five degrees (5°) Fahrenheit, as determined by ASTM D2500.

(viii) The oil shall burn freely and steadily for sixteen (16) hours, as determined by ASTM D187.

(ix) The gravity shall not be less than degrees API 41, as determined by ASTM D1298.

(x) The corrosion test results shall be No. 1 Maximum in a three-hour at two hundred twelve degrees (212°) Fahrenheit test, as determined by ASTM D130.

(q) Racing gasoline means any gasoline which is sold for racing purposes. Racing gasoline may be sold from retail dispensing equipment under the following conditions:

(i) The product brand name and octane number shall be registered with the Commissioner of Agriculture and Commerce and the State Chemist.

(ii) The manufacturer shall forward a list of marketers selling these product(s) and the product(s) being sold by each marketer.

(iii) Marketers shall register their retail outlets by location and provide a list of the product(s) sold for each retail outlet.

(iv) The dispensing equipment shall contain a conspicuous sign stating that the fuel is racing gasoline. The dispensing equipment shall not contain any kind of representation indicating that the product is suitable for vehicles other than for racing.

(v) The dispensing equipment shall be dedicated to and isolated from any other motor fuel dispensing equipment in a manner that a vehicle cannot access both the commercial gasoline and the racing gasoline at the same time.

(vi) Any violation shall result in revocation of the approval to market and/or confiscation of the product.

(vii) The Commissioner of Agriculture and Commerce (the “commissioner”) and the State Chemist are hereby given authority to change the specifications set forth in this section to comply with the currently recommended ASTM or federally required specifications.
Miss. Code Ann. § 75-51-11 — MS Code / Title 75 / Chapter 12 / Section 51-11
Miss. Code Ann. § 75-51-11
Status: in_force

Any person violating the provisions of this chapter, upon conviction, shall be fined not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00), and each such sale, installation, or re-installation shall be a separate violation hereof if not effected in accordance with this chapter.
Miss. Code Ann. § 75-47-17 — MS Code / Title 75 / Chapter 12 / Section 47-17
Miss. Code Ann. § 75-47-17
Status: in_force

(1) Penalty for Nitrogen, Available Phosphoric Acid or Phosphorus and Potash or Potassium.-- If the analysis shall show that commercial fertilizer is deficient in one or more of its guaranteed primary plant foods (NPK) beyond the “investigational allowances” as established by regulation, or if the overall index value of the fertilizer is below the level established by regulation, a penalty of three times the commercial value of such deficiency(ies) shall be assessed on each ton of fertilizer in the lot or shipment represented by the sample analyzed.

(2) Penalties for Other Deficiencies.-- Deficiencies beyond the investigational allowances as established by regulation in any other constituent(s) covered under Section 75-47-5 paragraph (c) (1) B, C, and D, which the registrant is required to or may guarantee, shall be evaluated and penalties prescribed therefor by the commissioner and state chemist.

(3) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction praying for judgment as to the justification of such penalties.

(4) All penalties assessed under this section shall be paid to the commissioner, who shall deposit the same in the state treasury.
Miss. Code Ann. § 75-55-17 — MS Code / Title 75 / Chapter 12 / Section 55-17
Miss. Code Ann. § 75-55-17
Status: in_force

No person or carrier, selling or transporting for hire, any gasoline, benzine, naphtha or other highly inflammable substances made from petroleum, shall fail to plainly mark the packages containing the same in accordance with the regulations of the Interstate Commerce Commission.
Miss. Code Ann. § 75-35-3 — MS Code / Title 75 / Chapter 12 / Section 35-3
Miss. Code Ann. § 75-35-3
Status: in_force

As used in this chapter, except as otherwise specified, the following terms shall have the meanings stated below:

(a) The term “commissioner” means the “commissioner of agriculture and commerce of the State of Mississippi”, or his duly authorized deputies.

(b) The term “firm” means any partnership, association, or other unincorporated business organization.

(c) The term “meat broker” means any person, firm, or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of cattle, sheep, swine, goats, horses, mules, or other equines on commission, or otherwise negotiating purchases or sales of such item or products other than for his own account or as an employee of another person, firm, or corporation.

(d) The term “renderer” means any person, firm, or corporation engaged in the business of rendering carcasses, or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines, except rendering conducted under inspection under this article.

(e) The term “animal food manufacturer” means any person, firm, or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines.

(f) The term “unfit for human food” means as defined in the “Meat, Meat-Food and Poultry Regulation and Inspection Law of 1960”, appearing in subsection (c) of Section 75-33-3, Mississippi Code of 1972 .

(g) The term “meat food product” means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. This term as applied to food products of equines shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, and goats.

(h) The term “capable of use as human food” shall apply to any carcass, or part or product of a carcass, of any animal, unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food, or it is naturally inedible by humans.

(i) The term “prepare” means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.

(j) The term “adulterated” shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:

(1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such item or product does not ordinarily render it injurious to health;

(2)(A) if it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the commissioner, make such item or product unfit for human food;

(B) if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of Section 408 of the Federal Food, Drug, and Cosmetic Act, as amended;

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

(D) if it bears or contains any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act: provided, that an article which is not adulterated under clause (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such item or product is prohibited by regulations of the commissioner in establishments at which inspection is maintained under this article;

(3) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;

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

(5) if it is, in whole or in part, the product of an animal which has died otherwise than by slaughter; or which was diseased or was in a dying condition at the time of slaughter;

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

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

(8) if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or

(9) if it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance.

(k) The term “misbranded” shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:

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

(2) if it is offered for sale under the name of another food;

(3) if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and immediately thereafter, the name of the food imitated;

(4) if its container is so made, formed, or filled as to be misleading;

(5) if in a package or other container unless it bears a label showing (A) the name and place of business of the manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (B) of this subparagraph (5), reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations prescribed by the commissioner.

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

(7) if it purports to be or is represented as a food for which a definition standard of identity or composition has been prescribed by regulations of the commissioner under Section 75-35-15 unless (A) it conforms to such definition and standard, and (B) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food;

(8) if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the commissioner under Section 75-35-15 , and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;

(9) if it is not subject to the provisions of subparagraph (7), unless its label bears (A) the common or usual name of the food, if any there be, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the commissioner, be designated as spices, flavorings, and colorings without naming each: provided, that to the extent that compliance with the requirements of clause (B) of this subparagraph (9) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the commissioner;

(10) if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the commissioner, after consultation with the secretary of agriculture of the United States, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses;

(11) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact: provided, that, to the extent that compliance with the requirements of this subparagraph (11) is impracticable, exemptions shall be established by regulations promulgated by the commissioner; or

(12) if it fails to bear, directly thereon or on its container, as the commissioner may by regulations prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the commissioner may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the item or product in a wholesome condition.

(l) The term “label” means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any item or product.

(m) The term “labeling” means all labels and other written, printed, or graphic matter (1) upon any item or product or any of its containers or wrappers, or (2) accompanying such item or product.

(n) The term “Federal Meat Inspection Act” means the act so entitled approved March 4, 1907 (34 Stat 1260), as amended by the Wholesome Meat Act (8 Stat 584).

(o) The term “Federal Food, Drug, and Cosmetic Act” means the act so entitled, approved June 25, 1938 (52 Stat 1040), and acts amendatory thereof or supplementary thereto.

(p) The term “pesticide chemical”, “food additive”, “color additive”, and “raw agricultural commodity” shall have the same meanings for purposes of this chapter as under the Federal Food, Drug, and Cosmetic Act.

(q) The term “official mark” means the official inspection legend or any other symbol prescribed by regulations of the commissioner to identify the status of any product or animal under this chapter.

(r) The term “official inspection legend” means any symbol prescribed by regulations of the commissioner showing that an item or product was inspected and passed in accordance with this chapter.

(s) The term “official certificate” means any certificate prescribed by regulations of the commissioner for issuance by an inspector or other person performing official functions under this chapter.

(t) The term “official device” means any device prescribed or authorized by the commissioner for use in applying any official mark.
Miss. Code Ann. § 75-57-1 — MS Code / Title 75 / Chapter 12 / Section 57-1
Miss. Code Ann. § 75-57-1
Status: in_force

Sections 75-57-1 through 75-57-63 shall be known as the “Liquefied Compressed Gas Equipment Inspection Law of Mississippi.”
Miss. Code Ann. § 75-24-91 — MS Code / Title 75 / Chapter 12 / Section 24-91
Miss. Code Ann. § 75-24-91
Status: in_force

(1) The term “ service contract ,” “ home warranty ” or “ home service contract ,” as used in this section, means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement or maintenance of property or to reimburse, in whole or in part, the owner of such property for the repair, replacement or maintenance of property if the operational or structural failure is due to a defect in materials or manufacturing or to normal wear and tear. A service contract may contain a provision for incidental payment under such contract where service, repair or replacement is not feasible or economical.

(2) The marketing, sale, offering for sale, issuance, making, proposing to make and administration of a service contract is not a contract of insurance under Mississippi law and is exempt from the provisions of Title 83, Mississippi Code of 1972 .

(3) Service contracts shall be subject to the provisions of the Mississippi Consumer Protection Act, Section 75-24-1 et seq.

(4) Nothing contained herein shall repeal or alter the regulation of vehicle service contracts currently defined and regulated under Section 83-65-101 et seq.